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HomeMy WebLinkAbout05-24-99 Council Meeting MinutesREGULAR MEETING MAY 24, 1999 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of the County -City Building on Monday, May 24, 1999, at 7:00 p.m. The meeting was called to order and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman John Hosinski Rod Sniadecki Absent: None REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the May 10, 1999 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Sean Coleman s/David Varner Councilmember Hosinski made a motion that the minutes of the May 10, 1999 meeting of the Council be accepted and placed on file. Councilmember Sniadecki seconded the motion which carried. SPECIAL BUSINESS APPOINTMENT TO TRANSPO BOARD President Coleman indicated that this is the last call for letters of interest from individuals who may wish to be appointed by the Council to the TRANSPO Board. President Coleman further indicated that this is a Republican appointment which will be effective July 1 st. RESOLUTION NO. 2737 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING JUNE 1, 1999, AS "STAND FOR CHILDREN DAY IN SOUTH BEND, INDIANA" WHEREAS, the South Bend Common Council notes that June 1, 1999, will be a national day of commitment which recognizes the many partnerships between private citizens, businesses and governmental officials which support the concept that all children should have the opportunity to grow up healthy, educated and safe; and WHEREAS, the cities of South Bend and Mishawaka will commemorate this day with a "Stand for Children Day Rally" on June 1, 1999 from 11 a.m. to 1:00 p.m. at the College Football Hall of Fame in downtown South Bend; and WHEREAS, Rosey Grier, a dedicated child advocate and former pro football player will be the keynote speaker at this event; and REGULAR MEETING MAY 24, 1999 WHEREAS, the Common Council commits itself to the underlying purposes of the "Stand for Children Day" which include creating awareness of the importance of meaningful preschool and after school programs and supporting parents in their endeavors and personal commitments to prepare their children for learning and the opportunities to succeed. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly declares Tuesday, June 1, 1999, as "STAND FOR CHILDREN DAY" in South Bend, Indiana. Section II. The Common Council commends parents and the many individuals in public and private organizations and agencies who commit themselves on a daily basis to prepare children for learning and the opportunities to succeed. Section III. The Common Council urges all residents of our community to become involved every day, but especially on this day of celebration and commitment to "stand for children "; and as Rosie Grier stated "Bring your lunch, friends and coworkers and join us at the gridiron" on June 1, 1999. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Charlotte Pfeifer, Second District s/Roland Kelly, Third District s/Karl King, Fourth District s/David A. Varner, Fifth District s /Andrew Ujdak, Sixth District s /Sean Coleman, At Large s /John Hosinski, At Large s/Rod Sniadecki, At Large s /Stephen J. Luecke, Mayor ATTEST: s/Loretta J. Duda, City Clerk s/Kathleen Cekanski- Farrand, Council Attorney Council President Coleman made the presentation for this Resolution. President Coleman read the Resolution and presented a copy to Ms. Johnnye Gibbs, Director of Head Start. Ms. Gibbs thanked the Council for this Resolution and advised that there will be fifteen hundred (1,500) events taking place all over the nation for this cause and she is proud that South Bend will be a part of that effort by hosting a rally on June 1, 1999. A Public Hearing was held on this Resolution. There being no one present wishing to speak either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember King seconded the motion which carried by a acclamation voice vote of nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m. Councilmember Kelly made a motion to resolve into the Committee of the Whole. Councilmember Hosinski seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Pfeifer presiding. REGULAR MEETING MAY 24, 1999 BILL NO. 7 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4014 W. WESTERN AVE., SOUTHWEST CORNER OF WESTERN AVE. & SHERIDAN ST., 414, 418, 422 S. ALBERT ST. AND 413, 417, 421 S. SHERIDAN ST., ALL IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski reported that the Zoning and Annexation Committee met on this bill and sends it to the Council with no recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioners are requesting a zone change from "C" Commercial, "E" Height & Area and "A" Residential, "A" Height & Area to "C" Commercial, "A" Height & Area to allow for a retail store with a drive -thru window. Mr. Byorni stated that the property currently contains commercial uses and single family houses. Access to the site is from Western Avenue, Albert Street and Sheridan Street. The total site to be rezoned is 65,944 square feet of which the building will occupy fifteen per cent (15 %). Mr. Byorni noted that based on information available prior to their Public Hearing, the Area Plan staff recommended this petition favorably to the Common Council subject to a final site plan showing a redesigned site layout to comply with the Redevelopment Department's standards for commercial development on the Western Avenue corridor and for solid screening from residential areas and increased landscaping along Western Avenue. It is noted that the Area Plan Commission has submitted a favorable recommendation to the Council based on their Public Hearing held on March 16, 1999. Mr. Byorni further stated that the staff would not recommend allowing the expansion of commercial zoning into residential neighborhoods. However, because the City is developing plans for the improvement of this commercial area and because the development of commercial nodes around the major intersections has been deemed by the City and its consultants to be appropriate for this corridor, the opinion of the Area Plan staff is that the intersection of Western and Sheridan is an appropriate place for the location of a commercial node. The above referred to suggestions are an attempt to lessen the impact of such a development on the surrounding homes and to begin the process of improving the aesthetics of the Western Avenue commercial corridor. Councilmember King inquired of Mr. Byorni if they had known that the City's Plan was not yet finished and if the City weren't recommending a commercial node at that location would that effect the Area Plan recommendation. Mr. Byorni stated that it would have affected their recommendation to the Commission. However, the City made comments today that Area Plan did not know when they held their Public Hearing. Mr. Anthony M. Zappia, Attorney at Law, 52582 U.S. 31 North, South Bend, Indiana, made a presentation to the Council concerning this Petition. Mr. Zappia informed the Council that his client proposes to rezone property located on the south side of Western Avenue between Sheridan Street on the east and Albert Street on the west to allow for construction of a new CVS Pharmacy with a pick -up window. Mr. Zappia further informed the Council that CVS has picked up REVCO and previous HOOKS drug stores and is replacing strip mall sites for free standing buildings. Mr. Zappia noted that Mr. Michael Danch, Peirce & Associates, 3231 Sugar Maple Court, South Bend, Indiana, attended a meeting held on May 11, 1999 at Harrison School as well as numerous other meetings with the City regarding this matter. Mr. Zappia explained the site for the Council and noted that the previous plans developed into the current one which places the building closer to Western Avenue with double bearer landscaping. He noted that the current CVS lease at the Belleville Shopping Center will expire in November of the year 2000. CVS occupies five per cent (5 %) of that shopping center with sixteen (16) other stores being occupied. He further noted that they were told that the proposed location for the new store was in a commercial node. He stated that a traffic study shows that eighteen thousand (18,000) cars per day go through that intersection with L 1 REGULAR MEETING MAY 24. 1999 ten thousand (10,000) going through the intersection of Mayflower and Western. The proposed new store would cost approximately two million dollars ($2,000,000.00) and employ twenty -seven (27) employees with an annual payroll of $650,000.00. He noted that CVS does not plan to have this store open twenty -four (24) hours a day and that only one (1) large semi -truck per week would make deliveries during business hours. The site currently has three (3) accesses to Western Avenue but it is proposed that one (1) of those accesses would be utilized. In conclusion, Mr. Zappia reminded members of the Council that the Area Plan Commission gave this rezoning a favorable recommendation and it is unfortunate that the owner of the Belleville Shopping Center is leading the remonstrance against this project. Mr. Michael Danch, Peirce & Associates, 3231 Sugar Maple Court, South Bend, Indiana, informed the Council that his firm has been hired by CVS. He presented to the Council a reduced site plan and noted that he has been working with the staff of the Community & Economic Development Department as well as Area Plan in trying to coordinate the City's plan with CV S's plan. They came back with two (2) possible options from consultants and staff. One of the recommendations was to place the building up at the northeast corner of the site with delivery at the northeast corner off of Sheridan with the drive thru on the south side. CVS had several conflicts with this plan as it would not accommodate the size of the building that CVS wanted to place at that site. Option two is the one that was selected and a site plan was developed from that. In this plan the building was moved closer to Western Avenue with one entrance door to CVS located on the northeast corner. Parking would be along Western and Sheridan. Mr. Danch again stated that it was their understanding that this was to be part of a commercial node. He noted that they worked with the City to determine what alleys to vacate and where the new proposed alley would be located. Mr. Danch further noted that they did meet with the Western Avenue Business Association and did not get any negative comments. Also, they worked with the City and prepared envelopes for a mailing to residents who lived greater than three hundred feet (300') informing them of a meeting at Harrison School on May 11th at which time the consultants plan would be discussed as well as this project. No one at that meeting made any comments about the CVS project. In conclusion, Mr. Danch stated that they believed that they met all the City's concerns. At this time he presented a petition signed by residents who were in favor of this project as well as a diagram indicating the residents in favor of the project. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of the rezoning: Mr. Gary Mentag, 4014 Western Avenue, South Bend, Indiana, owner of Herb's Towing Company informed the Council that he has agreed to sell his property to CVS. He stated that misrepresentations are going through the neighborhood indicating that the store would be open twenty -four (24) hours a day, that the truck traffic would be bad and that the lighting would be a problem. He noted that Ms. Patty Holston, 413 South Albert Street, South Bend, Indiana, informed him that someone came to her house and wanted her to sign against the project which she supports. As Ms. Holston could not be present tonight, Mr. Mentag read a letter from Ms. Holston indicating her support. Mr. Ken McKinney, 418 South Albert Street, South Bend, Indiana, addressed the Council and stated that he is in support of the project and has signed the petition. Mr. Armand Paluzzi, 4102 Western Avenue, South Bend, Indiana, informed the Council that he attended meetings on January 21, 1999 and again on May 11, 1999, regarding the corridor plan and the whole purpose of the plan is to beautify the City. He noted that CVS intends to spend two million dollars ($2,000,000.00) for a beautiful facility on that particular corner. Mr. John Gault, 748 Country Club Lane, South Bend, Indiana, informed the Council that he is the owner of the building at the corner of Western and Sheridan that CVS plans to purchase. He stated that he has tried to keep the building alive with tenants but it has been hard. CVS coming to this location is the closest they can come to getting a nice business in that area. He noted that he has had REGULAR MEETING MAY 24, 1999 the opportunity to have his building used for a restaurant or a pool hall but has chosen not to do so. However, as a business owner he will have to rent it to someone. Mr. Tom Sheridan, 4123 Western Avenue, South Bend, Indiana, indicated that he is the owner of the restaurant across the street and has been at that location for thirty (30) years and he is in favor of this new business on Western Avenue. Ms. Loretta Spychalski, 413 South Sheridan, South Bend, Indiana, informed the Council that she believed a drug store would be beneficial for the neighborhood. Mr. Jeff Nykos, representing the ZB Falcons, 323 South Sheridan Street, South Bend, Indiana, indicated that this Polish organization has been around for thirty plus (30 +) years and that anything on Western Avenue at this point is beneficial to the area. He submitted a petition with eighty -one (8 1) signatures from members of the club welcoming this new company. Ms. Gertrude Nalepinski, 414 South Albert Street, South Bend, Indiana, reminded the Council that she mailed them a letter about this issue and she wanted them to know that she believes the CVS store would be beneficial to the area. Ms. Dianne Lubinski, 614 South Albert, South Bend, Indiana, stated that this drug store would be an enhancement to the property and convenient to residents and she is in favor of the project. Mr. Henry Heritz, 621 South Gladstone, South Bend, Indiana, noted that he has driven down Western Avenue for fourteen (14) years and has seen smaller businesses come and go. He stated that the west side needs anything that will build the corridor to the City and which may spur other economic development. Mr. Kym Orange, 4433 Huron Street, South Bend, Indiana, stated that he moved to the west side in 1983 not because he wanted to but he now lives there by choice. He stated that the pharmacy would be a good addition to the neighborhood. Mr. Todd Moyer, Gushman, Brown and Associates, 250 East 96th Street, Indianapolis, Indiana, informed the Council that his firm is the developer of this project. Mr. Moyer stated that he has spoken to CVS about the Council's concerns regarding the condition of their Lincolnway West store and was assured that the property will be brought up to standards within two (2) weeks. Mr. Moyer informed the Council that CVS would like to have a free standing store at the corner of Sheridan and Western that would employ one (1) or two (2) pharmacists and four (4) or five (5) employees in addition to the current staff. By owning the store, CVS is responsible for the store. People no longer want to travel to shopping centers. Mr. Moyer reiterated that there would be one major semi -truck delivery per week that will come off of Western Avenue and will not go through the neighborhood. However, there will be deliveries made by smaller delivery trucks. Mr. Moyer noted that Mr. Becker would support the CVS project if they stayed in his center. CVS is moving out of shopping centers. Mr. Becker has also made an offer to CVS which includes trading properties for the one across the street from the current site. He submitted a fax copy of that offer. He concluded by stating that CVS wants to put in a first class building and provide more retail to that area. The following individual spoke in opposition to the rezoning. Mr. John Ford, Attorney at Law, 211 West Washington Street, South Bend, Indiana, informed the Council that he represents twenty -four (24) residents from the 400 blocks of Sheridan and Albert Street. Mr. Ford submitted a Petition signed by residents against the project. He noted that fifteen (15) of the twenty -four (24) individuals were recently contacted and have asked that their names be removed from the Petition siting various reasons for their recent decision. Mr. Ford presented to the Council photographs of the houses that CVS proposes to purchase and demolish along with photographs of the condition of the CVS store located on Lincolnway West. REGULAR MEETING MAY 24, 1999 He noted that the proposed rezoning would be an unprecedented intrusion into the neighborhood when the Western Avenue Corridor Plan is still in the state of evolution. Mr. Ford also informed the Council that the buffer that has been proposed is one hundred feet (100') from the building and not the lot line. In conclusion Mr. Ford asked the Council to deny this request. The residents are not anti - business they are pro- neighborhood. Mr. Kevin Butler, Attorney at Law, 131 South Taylor Street, South Bend, Indiana, informed the Council that he represents Mr. Becker the owner of the Belleville Shopping Center. Mr. Butler stated that since Mr. Becker acquired the Belleville Shopping Center he has been able to get good tenants and make improvements. In response to a previous comment, he stated that the parking area of the shopping center is in good condition and CVS has not complained about the condition of the lot. The issue is not CVS or Belleville but what the neighbors want for their area. Mr. Butler explained to the Council the trade proposal which Mr. Moyer previously mentioned. Mr. Butler outlined the composition of the area for the Council. Mr. Zappia, in rebuttal, informed the Council that the petitions submitted contain a large number of individuals in favor of this project. He noted that some of the residents who are not selling their properties are in favor of the project. He stated that traffic will not be an issue as the business will feed off of existing traffic and it is anticipated that there will be approximately twenty -seven (27) cars in and out during a peak period. Mr. Zappia stated that not approving this project would be a two million dollar ($2,000,000.00) loss to the City. During the Council portion Councilmember King inquired of the status of the Western Avenue Corridor Plan. Ms. Ann Kolata, Deputy Executive Director, Community & Economic Development, 1200 County - City Building, South Bend, Indiana, informed the Council that the Plan is still in the process and is nearing completion. She explained the planning process from the initial phase until completion. The plan is being completed by Business Districts, Inc. One of the issues of concern in this particular corridor is the depth of the lots many of which are very shallow compared to a traditional lot size. Ms. Kolata noted that it is difficult to get development for a shallow lot. The developer would need to go deeper into the neighborhood. What has to be balanced is the neighbors concerns versus what development can be put into the space available. CouncilmemberUjdak thanked Mr. Moyer for contacting the CVS office in Indianapolis concerning the Lincolnway West store. He stated that the issue is whether or not this project is the appropriate land use. There is not a land shortage and it's not the Council's position to get into negotiations. This issue could set a precedent. Mr. Uj dak read a portion of a letter which he submitted to the Area Plan Commission at the time of their Public Hearing. He stated that he cannot support this project at this time. Perhaps when the Western Avenue Corridor Plan is in place the Council could look at this project again. Councilmember Hosinski stated that he will support this project. As a Councilman at large he is looking at the greater picture and is looking at the greater west side and not just the district. Councilmember Kelly inquired if this matter could be continued until the Western Avenue Corridor Plan is in place. Council Attorney Kathleen Cekanski- Farrand stated that even though state law has changed and the maximum length of time the Council has to act on these types of matters has been extended to ninety (90) days from when they receive a recommendation from the Area Plan Commission, the deadline for the Council to act on this matter would be its next meeting in June. Ms. Kolata stated that Business Districts, Inc.'s plan is expected within the next two (2) weeks but it would not be adopted by the Area Plan Commission and the Common Council that quick. Council President Coleman stated that the Council is concerned about the future of all commercial corridors and for the first time have actual dollars to back up efforts to try to better plan for the future of the commercial corridors. President Coleman stated that the Council are stewards of the current REGULAR MEETING MAY 24. 1999 zoning classifications that exist for the protection of the neighborhood and the proper blending of commercial, industrial and residential uses throughout the City. In regards to this particular project, based on the current zoning, there is not a single business, except Harrison School and the apartment complex, between Olive and Lombardy that extends beyond the alley on the south side of Western Avenue. President Coleman stated that we need to look for development that can be at that corner utilizing the current zoning. President Coleman stated that he will not support this rezoning. Councilmember Varner stated it is not the Council's business to solve the disagreement between the shopping center developer and CVS and that the property owner will be open to anything that meets the commercial zoning. Councilmember Varner stated that he is inclined to support the CVS proposal. Councilmember Ujdak made a motion for unfavorable recommendation to the full Council concerning this bill. Councilmember Aranowski seconded the motion which carried by a roll call vote of six (6) ayes and three (3) nays. Councilmembers Hosinski, Sniadecki and Varner cast the nay votes. RECESS At 9:25 p.m., upon a motion made by Council President Coleman, seconded by Councilmember King, the Council took at five (5) minute break. MEETING RECONVENED The meeting was reconvened at 9:30 p.m. by Councilmember Pfeifer. BILL NO. 6 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST /WEST ALLEY SOUTH OF WESTERN AVENUE FROM THE EAST RIGHT -OF -WAY OF SOUTH ALBERT STREET TO THE WEST RIGHT -OF -WAY OF SOUTH SHERIDAN STREET FOR A DISTANCE OF APPROXIMATELY 284.26 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART LOCATED IN BELLEVILLE 3RD UNIT, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ALSO: THE FIRST NORTH/SOUTH ALLEY WEST OF SOUTH SHERIDAN FROM THE SOUTH RIGHT -OF -WAY OF THE FIRST EAST /WEST ALLEY SOUTH OF WESTERN AVENUE TO THE EXTENDED LOT LINES OF LOTS 437 AND 426 FOR A DISTANCE OF APPROXIMATELY 108 FEET IN LENGTH AND A WIDTH OF 14 FEET AND INCLUDING THE ANGLES AT THE INTERSECTION OF THE EAST /WEST ALLEY. PART LOCATED IN BELLEVILLE 3RD UNIT, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Mr. Michael Danch, Peirce & Associates, 3231 Sugar Maple Court, South Bend, Indiana, informed the Council that on behalf of the Petitioners, he would like to withdraw the Petition for vacation of the above referred to alleys. Upon a motion made by President Coleman, seconded by Councilmember King, this bill was stricken from the agenda by a voice vote of nine (9) ayes. BILL NO. 35 -99 A BILL OF THE COMMON COUNCIL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 911 GOLDEN AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and REGULAR MEETING MAY 24, 1999 sends it to the Council with a favorable recommendation. Mr. J. Edward Talley, Director, Historic Preservation Commission, Room 1123 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Talley informed the Council that the material which they originally received with this bill contains all historical and architectural information concerning this proposed landmark and he therefore asked for the Council's favorable consideration of this bill. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Council President Coleman made a motion to send this bill to the full Council favorably. Councilmember Aranowski seconded the motion which carried. BILL NO. 41 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR THE PROPERTIES LOCATED BETWEEN SAMPLE AND TUTT STREETS AND FROM MAIN STREET WEST TO THE FIRST NORTH -SOUTH ALLEY WEST OF MAIN STREET Upon a motion made by Council President Coleman, seconded by Councilmember Hosinski this bill was continued until the July 26, 1999 meeting of the Council. RISE AND REPORT Councilmember Hosinski made a motion to rise and report to full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: Lorett . Dud , ity erk REGULAR MEETING RECONVENED ATTEST: Charlotte Pfeifer, ChairpAksA Committee of the Whole Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 9:32 p.m. Council President Sean Coleman presided with nine (9) members present. BILL NO. 7 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4014 W. WESTERN AVE., SOUTHWEST CORNER OF WESTERN AVE. & SHERIDAN ST., 414, 418, 422 S. ALBERT ST. AND 413, 417, 421 S. SHERIDAN ST., ALL IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to defeat this bill. Councilmember Aranowski seconded the motion which carried by a roll call vote of seven (7) ayes and two (2) nays. Councilmembers Varner and Sniadecki cast the nay votes. REGULAR MEETING MAY 24, 1999 ORDINANCE NO. 9007 -99 AN . ORDINANCE OF THE COMMON COUNCIL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 911 GOLDEN AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Kelly seconded the motion which carried and this bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 2738 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 1999 WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk/scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk/and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk/and recycling dealers; and WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk/and recycling operations have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on May 10, 1999, recommended the issuance of licenses for the below listed applicants in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the license applications for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made in April, 1999, and subsequent favorable recommendation by the Board of Public Works: South Bend Scrap & Processing 3113 S. Gertrude South Bend, Indiana South Bend Waste Paper 1519 S. Franklin South Bend, Indiana Northside Iron & Paper Corporation 3123 S. Gertrude South Bend, Indiana South Bend Iron & Metal 429 W. Indiana South Bend, Indiana A -1 Auto Parts 2014 S. Lafayette South Bend, Indiana Western Avenue Iron & Metal 3123 S. Gertrude South Bend, Indiana 1 n REGULAR MEETING Weaver Truck & Equipment 3605 S. Gertrude South Bend, Indiana Hurwich Iron Co., Inc. 1700 S. Lafayette South Bend, Indiana South Bend Baling Iron Co., Inc. 1420 S. Walnut South Bend, Indiana Hurwich Iron Co., Inc. 2016 W. Washington South Bend, Indiana Steve & Gene's Auto Truck Salvage 3109 Gertrude South Bend, Indiana MAY 24. 1999 Metech International, Inc. 445 N. Sheridan South Bend, Indiana Hurwich Iron Co., Inc. 1602 S. Lafayette South Bend, Indiana Hurwich Iron Co., Inc. 1610 Circle Avenue South Bend, Indiana Indiana Auto Parts 3300 S. Main South Bend, Indiana South Bend Scrap 1305 Prairie South Bend, Indiana SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Ms. Kathleen J. Dempsey, Director, Department of Code Enforcement, made the presentation for this Resolution. Ms. Dempsey stated that this Resolution recommends the approval of licenses for sixteen (16) scrap yards and she requests approval in order that licenses can be issued for 1999. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and this Resolution was adopted by a roll call vote of nine (9) ayes.. BILL NO. 99-39 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 638, 709, 713, 716, 717, 724, 725, AND 728 PENNSYLVANIA AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CITY OF SOUTH BEND BOARD OF PUBLIC WORKS, AND AMERICAN HOME DREAMS, INC. Upon a motion made by Councilmember Kelly, seconded by Councilmember Pfeifer, this bill was continued indefinitely. RESOLUTION NO. 2739 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 157,15 8, 161, 162, REGULAR MEETING MAY 24, 1999 165, 166, 170, 173, AND 177 CLEARVIEW AND 189 MAYFLOWER AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAVE & LOIS COKER WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common council of the City of South Bend, Indiana, requesting that the area commonly known as 157, 158, 161, 162, 165, 166, 170, 173, and 177 Clearview and 189 Mayflower, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 157 Clearview Lot 182 Mayflower 10th 18- 4129 - 5043.98 158 Clearview Lot 181 Mayflower 10th 18- 4129 - 5043.97 161 Clearview Lot 183 Mayflower 10th 18- 4129 - 5043.99 162 Clearview Lot 180 Mayflower 10th 18- 4129 - 5043.96 165 Clearview Lot 184 Mayflower 10th 18- 4129 - 5044.02 166 Clearview Lot 179 Mayflower 10th 18- 4129 - 5043.95 170 Clearview Lot 178 Mayflower 10th 18- 4129 - 5043.94 173 Clearview Lot 186 Mayflower 10th 18- 4129 - 5044.03 177 Clearview Lot 185 Mayflower 10th 18- 4129 - 5044.03 189 Mayflower Lot 191 Mayflower 9th 18- 4129 - 5043.93 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et seq.. and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sea •, and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: I. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or 1 1 1 REGULAR MEETING MAY 24. 1999 C. Parcels of property in the area: I. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: I. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for prof ects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. REGULAR MEETING MAY 24, 1999 SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Ms. Sue Clark, 54242 Maple Lane Avenue, South Bend, Indiana, on behalf of Dave and Lois Coker, 3516 Sorin Street, South Bend, Indiana, made the presentation for this Resolution. Ms. Clark noted that these properties will generate twenty -four thousand dollars ($24,000.00) per year in tax revenue. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Hosinski made a motion to adopt this Resolution. Councilmember Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2740 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1059 PORTAGE AVENUE, 814 SOUTH FALCON STREET, AND 310 AND 312 SOUTH LIBERTY STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES WHEREAS, a Statement ofBenef is and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1059 Portage Avenue, 814 South Falcon Street, and 310 and 312 South Liberty Street, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 1059 Portage Avenue Lot 14 Bulla & Pattons 18- 1073 -3080 814 South Falcon Lot 162 Belleville 1st 18- 4075 -2739 310 South Liberty Street So. 14' Lot 42 & all of 18- 4054 -1969 Lot 43 LaSalle Park Addn. 312 South Liberty Street Lot 44 LaSalle Park 18- 4054 -1972 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing REGULAR MEETING MAY 24. 1999 the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: I. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: I. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: I. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. REGULAR MEETING MAY 24. 1999 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Michael E. Urbanski, Garden Homes, 11874 State Road 23, South Bend, Indiana, made the presentation for this Resolution. Mr. Urbanski thanked the Council for their consideration of this tax abatement for these four (4) properties on which will be built single family houses. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2741 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN 1 1 1 REGULAR MEETING MAY 24, 1999 AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3601 GAGNON AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR JOURNEYMAN TOOL & MOLD, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3601 Gagnon, South Bend, Indiana, and which is more particularly described as follows: THAT PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A 5/8" CAPPED REBAR SET ON THE NORTH LINE OF GAGNON STREET WHICH IS N. 000- 00' -37" E., (N. 000- 00' -23" E., RECORD) 35.00 FT. FROM A POINT ON THE CENTERLINE OF GAGNON STREET WHICH IS S. 890- 58' -39" W. (N. 890- 59' -37" W., RECORD), 370.00 FT. FROM A POINT AT THE INTERSECTION OF THE CENTERLINE OF GAGNON STREET WITH THE CENTERLINE OF KENMORE STREET WHICH IS N. 000-00' -3 8" E., (N. 00° -00'- 23" E., RECORD) 966.00 FT. FROM A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION WHICH IS S. 890- 58' -56" W., (RECORD AND ASSUMED BEARING), 1150.08 FT. (1150.09 FT., RECORD) FROM AN IRON PIPE FOUND IN A MONUMENT BOX MARKING THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE ALONG THE NORTH LINE OF GAGNON STREETS. 890-58'-39"W., (N. 890- 59' -37" W., RECORD) 150.01 FT. TO A SET 5/8" CAPPED REBAR; THENCE N. 000- 00' -43" E., (N. 000- 00' -23" E., 363.45 FT. (363.60 FT., RECORD) TO A SET 5/8" CAPPED REBAR; THENCE NORTH 89°- 58 -40" E., 150.00 FT. (S. 890- 59' -37" E., RECORD) TO A SET 5/8" CAPPED REBAR; THENCE S. 00°- 00'-37" W., 363.45 FT. (S. 000- 00' -17" W., 363.60 FT., RECORD) TO THE POINT OF BEGINNING. CONTAINING 1.25 ACRES AND COMPRISED OF ONE (1) LOT. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. and which has Key Number 25- 1010 - 0385.08, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et. seq., that: REGULAR MEETING MAY 24, 1999 a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION 1II. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Michael Meyer, 23755 Kern Road, South Bend, Indiana, representing Journeyman Tool & Mold, Inc., 3601 Gagnon, South Bend, Indiana, made the presentation for this Resolution. Mr. Meyer stated that with the help of this tax abatement they will be able to purchase additional machinery which will make the company more competitive. Journeyman Tool & Mold, Inc., designs and builds injection molds and tools for the production of plastic parts in the automotive, electrical, computer and medical industries. REGULAR MEETING MAY 24, 1999 A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Hosinski made a motion to adopt this Resolution. Councilmember Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2742 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1401 AND 1405 WEST WASHINGTON AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1401 and 1405 West Washington, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description 1401 W. Washington Lot Numbered One (1) as shown on the recorded Plat of Sarah J Stover's Subdivision of the South Half ( %2) of Bank Out Lot Numbered Eighty -one (8 1) of the Second Plat of Out Lots to the Town, now City, of South Bend, in St. Joseph County, Indiana 1405 W. Washington Lot Numbered Two (2) as shown on the recorded Plat of Sarah J Stover's Subdivision of the South Half ('/2) of Bank Out Lot Numbered Eighty -one (81) of the Second Plat of Out Lots to the Town, now City, of South Bend, in St. Joseph County, Indiana Key Number 18- 1048 - 2080.01 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seg., and South Bend Municipal Code Sections 2 -76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code REGULAR MEETING 6 -1.1 -12.1 et sea., for tax abatement. MAY 24, 1999 SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: I. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: I. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: I. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. REGULAR MEETING MAY 24, 1999 SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Ms. Dea Andrews, 223 North Scott Street, South Bend, Indiana, representing South Bend Heritage Foundation, 914 Lincolnway West, South Bend, Indiana, made the presentation for this Resolution. Ms. Andrews stated that this tax abatement is requested for properties at 1401 and 1405 West Washington which are part of the 1300 West Washington Street project. She further stated that in 1998, when South Bend Heritage previously received a tax abatement for this project, they did not own these two (2) properties. As they have now acquired these properties, South Bend Heritage is requesting tax abatement on them in order to include them in their project. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Hosinski made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2743 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1379 STONE TRAIL, 1403 STONE COURT, 6401 CEDAR TRAIL, 6301, 6304, 6305, 6306, 6307, 6308, 6309, AND 6310 DOGWOOD COURT, AND 1316, 1323, 1331, 1337, 1345, 1352, 1358, 1363, 1364, 1370, 1371, 1427, 1434, AND 1440 FOREST VIEW COURT AS A RESIDENTIALLY DISTRESSED REGULAR MEETING MAY 24, 1999 AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SFI /LDI PARTNERSHIP (SOUTHFIELD SUBDIVISION) WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1379 Stone Trail, 1403 Stone Court, 6401 Cedar Trail, 6301, 6304, 6305, 6306, 6307, 6308, 6309 and 6310 Dogwood Court, and 1316, 1323, 1331, 1337, 1345, 1352, 1358, 1363, 1364, 1370, 1371, 1427, 1434, and 1440 Forest View Court, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 1379 Stone Trail Lot 6 Southfield Subdivision 23- 1058 -3389 1403 Stone Court Lot 11 Southfield Subdivision 23- 1058 -3394 6401 Cedar Trail Lot 32 Southfield Subdivision 23- 1058 -3413 6310 Dogwood Court Lot 33 Southfield Subdivision 23- 1059- 2073.66 6308 Dogwood Court Lot 34Southfield Subdivision 23 -1037- 2073.67 6306 Dogwood Court Lot 35 Southfield Subdivision 23- 1037 - 2073.68 6304 Dogwood Court Lot 36 Southfield Subdivision 23 -1037- 2073.69 6301 Dogwood Court Lot 37 Southfield Subdivision 23- 1037- 2073.70 6305 Dogwood Court Lot 38 Southfield Subdivision 23- 1037- 2073.71 6307 Dogwood Court Lot 39 Southfield Subdivision 23- 1037 - 2073.72 6309 Dogwood Court Lot 40 Southfield Subdivision 23- 1037 - 2073.73 1371 Forest View Ct Lot 44 Southfield Subdivision 23- 1037 - 2073.50 1427 Forest View Ct Lot 46 Southfield Subdivision 23- 1037- 2073.52 1434 Forest View Ct Lot 48 Southfield Subdivision 23- 1037- 2073.54 1440 Forest View Ct Lot 49 Southfield Subdivision 23- 1037 - 2073.55 1370 Forest View Ct Lot 50 Southfield Subdivision 23- 1037 - 2073.56 1364 Forest View Ct Lot 51 Southfield Subdivision 23- 1037- 2073.57 1358 Forest View Ct Lot 52 Southfield Subdivision 23- 1037- 2073.58 1352 Forest View Ct Lot 53 Southfield Subdivision 23- 1037 - 2073.59 1345 Forest View Ct Lot 54 Southfield Subdivision 23 -1037- 2073.60 1337 Forest View Ct Lot 55 Southfield Subdivision 23- 1037 - 2073.61 1331 Forest View Ct Lot 56 Southfield Subdivision 23- 1037- 2073.62 1323 Forest View Ct Lot 57 Southfield Subdivision 23 -1037- 2073.63 1316 Forest View Ct Lot 58 Southfield Subdivision 23- 1037 - 2073.64 1363 Forest View Ct Lot 59 Southfield Subdivision 23- 1037 - 2073.65 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code REGULAR MEETING MAY 24, 1999 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: I. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: I. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: I. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for prof ects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. REGULAR MEETING MAY 24, 1999 SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Michael E. Urbanski, Garden Homes, 17874 State Road 23, South Bend, Indiana, was present and informed the Council that a Limited Power of Attorney has been submitted to the City Clerk giving him authorization to represent Mr. Terry L. Troyer, Troyer Group, 1350 Southfield Circle, South Bend, Indiana, who is a partner of SFI/LDI Partnership, in regards to this tax abatement petition. Mr. Urbanski stated that these properties will be abated just over five thousand dollars ($5,000.00) in taxes over a five (5) year period but will be paying in excess of thirty -five thousand dollars ($35,000.00) in taxes. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Uj dak made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO, 2744 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1423 AND 1430 FOREST VIEW COURT AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SFI /LDI PARTNERSHIP (SOUTHFIELD SUBDIVISION) WHEREAS, a Statement ofBenefits and apetition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the REGULAR MEETING MAY 24, 1999 City of South Bend, Indiana, requesting that the area commonly known as 1423 and 1430 Forest View Court, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 1423 Forest View Ct. Lot 45 Southfield Subdivision 23- 1037 - 2073.51 1430 Forest View Ct. Lot 47 Southfield Subdivision 23- 1037 - 2073.53 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et se q,. and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: I. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: I. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: I. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or REGULAR MEETING MAY 24, 1999 G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice ofthe public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Michael E. Urbanski, Garden Homes, 17874 State Road 23, South Bend, Indiana, was present and informed the Council that a Limited Power of Attorney has been submitted to the City Clerk REGULAR MEETING MAY 24, 1999 giving him authorization to represent Mr. Terry L. Troyer, Troyer Group, 1350 Southfield Circle, South Bend, Indiana, who is a partner of SFI /LDI Partnership, in regards to this tax abatement petition. It is noted that building permits have been issued and construction has begun on these lots as a result of confusion by the petitioners agent over whether a previous residential tax abatement approved for the same development applied to these lots. The Council is considering this tax abatement at this time utilizing Indiana Code 6 -1.1 -12.1 -11.3 (c) which allows the Council to waive the requirement to submit a Statement of Benefits form prior to initiating the project. The Resolution submitted for this particular tax abatement includes in Section VII reference to Indiana Code 6 -1.1- 12.1 -11.3 (c) and invokes the Council's authority to waive certain requirements. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 39 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 511 E. COLFAX, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 40 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: WEST NAVARRE STREET FROM THE EAST RIGHT -OF -WAY OF NORTH MAIN STREET TO THE EAST RIGHT -OF -WAY OF NORTH LAFAYETTE STREET FOR A DISTANCE OF APPROXIMATELY 443 FEET AND A WIDTH OF 82.5 FEET. PART LOCATED IN SOUTH BEND (ORIGINAL TOWN), CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on June 14, 1999. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION It is noted that the Council is in receipt of reports from the Area Plan Commission concerning Bill Nos. 30 -99, 31 -99, 32 -99 and 34 -99. Councilmember Varner made a motion to set these bills for Public Hearing and Third Reading on June 14, 1999 and to refer them to the Zoning and Annexation Committee. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay vote by Councilmember Hosinski. NEW BUSINESS There was no new business to come before the Council at this time. REGULAR MEETING MAY 24, 1999 PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council during the Privilege of the Floor portion of the meeting. ADJOURNMENT There being no further business to come before the Council, President Coleman adjourned the meeting at 9:50 p.m. ATTEST: (�� Z: AL�� Loretta J. uda y Cle ATTEST: Sean Coleman, President 1 J D