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HomeMy WebLinkAbout06-14-99 Council Meeting MinutesREGULAR MEETING JUNE 14, 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, June 14, 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 24, 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 24, 1999 meeting of the Council be accepted and placed on file. Councilmember Sniadecki seconded the motion which carried. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:07 p.m. Councilmember Hosinski made a motion to resolve into the Committee of the Whole. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Peifer presiding. 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 Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Bruce Bancroft, Attorney at Law, Barnes & Thornburg, 600 1" Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation for this bill on behalf of the Petitioner, Memorial Hospital of South Bend, Inc., 615 North Michigan Street, South Bend, Indiana. REGULAR MEETING JUNE 14, 1999 Mr. Bancroft indicated that the hospital is requesting this street vacation in conjunction with their new South Pavilion Project which will allow for a new emergency department and entrance from Navarre Street. Mr. Bancroft also indicated that as this is a brick street, the bricks will be removed and one -half will be given to the Park Avenue Neighborhood Association and one -half to the City for future brick street repairs. He noted that the hospital intends to have the street remain open but it will be narrowed from its present 82.5 feet to sixty (60) feet. 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 address the Council either in favor of or in opposition to this bill, Councilmember Hosinski made a motion to send this bill to the full Council favorably. Councilmember Kelly seconded the motion which carried. BILL NO. 30-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 6, BOARD OF ZONING APPEALS, OF THE SOUTH BEND MUNICIPAL CODE TO CHANGE THE REQUIREMENTS OF COMBINED USE BUILDINGS IN "C" COMMERCIAL DISTRICTS Council President Coleman made a motion to continue this bill until the July 12, 1999 meeting of the Council. Councilmember Kelly seconded the motion which carried. BILL NO. 31 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 202 SOUTH CHAPIN ST., 208 SOUTH CHAPIN ST., AND 210/212 SOUTH CHAPIN ST. IN THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski made a motion to hear the substitute version of this bill. Council President Coleman seconded the motion which carried. Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable 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 petitioner is requesting a zone change from "C" Commercial "D" Height and Area to "A" Residential, "A" Height and Area to allow for single - family homes. Mr. Byorni noted that the property currently contains one vacant home. Access to the site is from Chapin Street and Jefferson Boulevard. Mr. Byorni stated that the Area Plan Commission, based on its Public Hearing held on May 18, 1999, sent this petition to the Council with a favorable recommendation. 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 bill. Ms. Andrews informed the Council that this rezoning involves the green house known as the Biven House. Kevin and Meleah Ladd have now purchased the house and intend to renovate it for their home and therefore the zoning needs to be changed to "A" Residential.. Ms. Andrews asked for the Council's favorable consideration of this request. 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 address the Council either in favor of or in opposition to this REGULAR MEETING JUNE 14, 1999 bill, Councilmember Kelly made a motion to send this bill to the full Council favorably. Councilmember Sniadecki seconded the motion which carried. BILL NO. 32 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 234 SOUTH CHAPIN STREET IN SOUTH BEND, F1 OR) : M _\ Councilmember Kelly made a motion to hear the substitute version of this bill. Councilmember Aranowski seconded the motion which carried. Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable 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 petitioner is requesting a zone change from "A" Residential, "A" Height and Area and "C" Commercial, "D" Height and Area to "C" Commercial, "D" Height and Area to allow for a laundromat and retail services. Mr. Byorni noted that the property is currently vacant. Access to the site is from Chapin, Wayne and Napier Streets. The total site to be rezoned is 36,914 square feet and of that total, the buildings will occupy thirty-five per cent (35 %) of the site and parking and drives will occupy forty -three per cent (43 %) of the site. Twenty -two per cent (22 %) of the site will remain open space. Mr. Byorni stated that the Area Plan Commission, based on its Public Hearing held on May 18, 1999, sent this petition to the Council with a favorable recommendation. 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 bill. Ms. Andrews indicated that this rezoning is requested for the continuation of the Chapin Street Project for a laundromat and pharmacy. 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 address the Council either in favor of or in opposition to this bill, Councilmember Hosinski made a motion to send this bill to the full Council favorably. Council President Coleman seconded the motion which carried. BILL NO. 34 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE WEST SIDE OF FRANKLIN STREET BETWEEN CALVERT STREET AND THE FIRST EAST -WEST ALLEY NORTH OF EWING AVENUE AND ON THE EAST SIDE OF FRANKLIN STREET BETWEEN EWING AVENUE AND THE SECOND EAST -WEST ALLEY NORTH OF EWING AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Byorni noted that this is an Area Plan Commission initiated petition to rezone from "D" Light Industrial, `B" Height and Area and `B" Heavy Industrial, "F" Height & Area to "A" Residential, "A" Height and Area to allow the appropriate zoning to reflect the existing uses of the area. Mr. Byorni indicated that current property owners are experiencing problems trying to sell their REGULAR MEETING JUNE 14. 1999 properties as they are a non- conforming use and cannot be rebuilt if required. The proposed rezoning would bring the uses in this area into conformance while protecting the viability of the residential area. Mr. Byorni stated that the Area Plan Commission, based on its Public Hearing held on May 18, 1999, sent this petition to the Council with a favorable recommendation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Jennifer Mielke, Neighborhood Planner, Department of Community & Economic Development, Planning & Neighborhood Development, 205 W. Jefferson Boulevard, Suite 416, South Bend, Indiana, read to the Council a letter from Mr. Thomas Farwell, President, Rum Village Neighborhood Association, in support of this petition indicating that this request reflects the current land uses of the area. Ms. Kay Blower, 1723 Kemble Avenue, South Bend, Indiana, advised that she is a resident of the Rum Village area and a member of the Association and is in favor of this petition. There was no one present wishing to speak in opposition to this bill. Therefore, Councilmember Aranowski made a motion to send this bill to the full Council favorably. Councilmember King seconded the motion. At this time Councilmember Hosinski advised that he did receive a telephone call from a business owner on Franklin Street who had some concerns and stated that he would be present at the meeting tonight. As it appeared that this individual was not present, Councilmember Hosinski indicated that he would like to see this matter continued until the next meeting of the Council. In response to the Council's inquiry of Mr. Byorni whether continuing this bill would be a problem, Mr. Byorni stated that it continues to put the properties in jeopardy of fire or other catastrophes and should the property be destroyed, it cannot be rebuilt. At this time Councilmembers Aranowski and King withdrew their motion to send this bill to the full Council with a favorable recommendation. Councilmember Hosinski made a motion to continue this bill for two (2) weeks until the next regular meeting of the Council. Councilmember Sniadecki seconded the motion. The motion was defeated by a roll call vote of five (5) nay votes by Councilmembers Aranowski, Pfeifer, Kelly, Ujdak and Coleman with the four (4) aye votes by Councilmembers King, Varner, Hosinski and Sniadecki. Councilmember Kelly made a motion to send this bill to the full Council with a favorable recommendation. Councilmember Ujdak seconded the motion which carried by a roll call vote of eight (8) ayes and one (1) nay from Councilmember Hosinski. RISE AND REPORT Councilmember Hosinski made motion to rise and report to the full Council. Councilmember Sniadecki seconded the motion which carried. ATTEST: oretta J. u 6., ity C rk ATTEST: Charlotte Pfeifer, Chain et on Committee of the Whole 1 1 7 REGULAR MEETING JUNE 14, 1999 REGULAR MEETING RECONVENED 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 7:43 p.m. Council President Sean Coleman presided with nine (9) members present. ORDINANCE NO. 9008 -99 AN ORDINANCE 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 third reading. Councilmember Varner made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9009 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 202 SOUTH CHAPIN ST., 208 SOUTH CHAPIN ST., AND 210/212 SOUTH CHAPIN ST. IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council President Coleman made a motion to accept the substituted version of this bill. Councilmember Hosinski seconded the motion which carried. Additionally, Councilmember Kelly made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9010 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 234 SOUTH CHAPIN STREET IN SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to accept the substitute version of this bill. Councilmember Kelly seconded the motion which carried. Additionally, Councilmember Aranowski made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9011-99 AN ORDINANCE MENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE WEST SIDE OF FRANKLIN STREET BETWEEN CALVERT STREET AND THE FIRST EAST -WEST ALLEY NORTH OF EWING AVENUE AND ON THE EAST SIDE OF FRANKLIN STREET BETWEEN EWING AVENUE AND THE SECOND EAST -WEST ALLEY NORTH OF EWING 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. The bill passed by a roll call vote of eight (8) ayes and one (1) nay vote by Councilmember Hosinski. REGULAR MEETING JUNE 14. 1999 RESOLUTIONS RESOLUTION NO. 2745 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 157,158, 161, 162, 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, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated 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 as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. 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 1 1 REGULAR MEETING JUNE 14. 1999 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION VI. 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. Sue Clark, 54242 Maple Lane Avenue, South Bend, Indiana, on behalf of Dave and Lois Coker, REGULAR MEETING JUNE 14, 1999 3516 Sorin Street, South Bend, Indiana, made the presentation for this Resolution. Ms. Clark noted that these properties comprise the last ten (10) lots of the Mayflower Addition. 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 Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2746 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated 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 1059 Portage Avenue. Lot 14 Bulla & Pattons 814 South Falcon Lot 162 Belleville 1st 310 South Liberty Street So. 14' Lot 42 & all of Lot 43 LaSalle Park Addn. 312 South Liberty Street Lot 44 LaSalle Park as a Residentially Distressed Area; and Key Number 18- 1073 -3080 18- 4075 -2739 18 -4054 -1969 18- 4054 -1972 WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. 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 se g., for tax abatement. REGULAR MEETING JUNE 14, 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. REGULAR MEETING JUNE 14, 1999 SECTION VI. 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 Mr. Michael E. Urbanski, Garden Homes, 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution. Mr. Urbanski indicated that this is one of many areas where they are building homes for first time home buyers. 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 King 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. 2747 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN 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, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3601 Gagnon 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'-38"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. 89 °- 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 STREET S. 890- 58' -39" W., (N. 890- 59' -37" W., RECORD) 150.01 FT. TO A SET 5/8" CAPPED REBAR; THENCE N. 00 °- 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. 1 1 REGULAR MEETING JUNE 14. 1999 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, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Sean Coleman Member of the Common Council 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. 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 Pfeifer 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. 2748 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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, the Common Council of the City of South Bend, Indiana, has adopted a REGULAR MEETING JUNE 14, 1999 Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1401 and 1405 West Washington South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 1401 W. Washington Lot Numbered One (1) as shown on 18- 1048 -2080 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 1405 W. Washington Lot Numbered Two (2) as shown on 18 -1048- 2080.01 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 as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. 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 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 REGULAR MEETING JUNE 14, 1999 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 proj 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION VI. 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. 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 which are a continuation of the West Washington neighborhood project. Tax abatements were previously received for other locations but at that time South Bend Heritage did not own the above properties indicated in this tax abatement. Therefore, tax abatement is requested at this time for these two (2) properties on which a house is ready to be built. REGULAR MEETING JUNE 14, 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, Councilrember Kelly 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. 2749 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1379 STONE TRAIL, 1403 STONE COURT, 6401 CEDAR TRAIL, 6301, 6304,6305,63 06, 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 AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SFI /LDI PARTNERSHIP (SOUTHFIELD SUBDIVISION) WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated 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 are 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 1 1 REGULAR MEETING 1316 Forest View Ct Lot 58 Southfield Subdivision 1363 Forest View Ct Lot 59 Southfield Subdivision as a Residentially Distressed Area; and JUNE 14, 1999 23- 1037 - 2073.64 23 -1037- 2073.65 WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. 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 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. REGULAR MEETING JUNE 14, 1999 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. 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. 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 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 five (5) or six (6) houses have already been sold for this subdivision. 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 Ujdak 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. 2750 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas 1 [1 1 REGULAR MEETING JUNE 14, 1999 for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1423 and 1430 Forest View Court, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description 1423 Forest View Ct. Lot 45 Southfield Subdivision 1430 Forest View Ct. Lot 47 Southfield Subdivision as a Residentially Distressed Area; and Key Number 23- 1037 - 2073.51 23- 1037 - 2073.53 WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. 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 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 JUNE 14, 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 proj 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 ofbenefits 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 further exercises its authority to waive certain compliance requirements of Indiana Code 6 -1.1- 12.1 -1 et sea., as permitted by Indiana Code 6-1.1 - 12.1- 11.3(c), to the extent necessary to give effect to this Resolution, with such waiver taking place after public hearing. Without limiting the general scope of this waiver, the Common Council hereby approves Form SB -1 Statement of Benefits and specifically waives the Petitioner's failure to submit said Statement of Benefits to the Common Council before initiating the redevelopment project, in accordance with Indiana code 6- 1.1- 12.1- 11.3(a)(2). The Common Council further finds that each of the additional findings required pursuant to Indiana Code 6 -1.1- 12.1 -2 have been met, and that the property located at 1423 and 1430 Forest View Court is declared a residentially distressed area. SECTION V. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for purposes of tax abatement. Such designation is for Real property tax abatement only. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et se g. 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 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 tax abatement is being requested for these additional two (2) lots in the Southfield Subdivision. 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 REGULAR MEETING JUNE 14, 1999 Resolution, Councilmember Ujdak made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2751 -99 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS SOUTHEAST CORNER OF NILES AVENUE AND CORBY BLVD. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR C.D.T., L.L.C. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as the Southeast Corner of Niles Avenue and Corby Boulevard and which is more particularly described as follows: PARCEL I: A parcel of land located in the Northeast Quarter of the Southwest Quarter of Section 1, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the South line of Corby Street, 220.51 feet North 89° 48'27" East (assumed bearing) of the intersection of the South line of Corby Street and the Easterly line ofNiles Avenue, said point being the Northwest corner of a tract of land conveyed to the City of South Bend, Indiana by Instrument Number 7803739 recorded March 3, 1978 in the Office of the St. Joseph County Recorder; thence South 25° 06'03" East along the Westerly line of said City of South Bend tract, 149.87 feet; thence North 16° 17'47" East, 141.77 feet to the South line of Corby Street; thence South 89° 49'27" West along said South line of Corby Street, 103.36 feet to the point of beginning. PARCEL II: A parcel of land located in the Northwest Quarter of the Southwest Quarter of Section 1, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at the intersection ofthe 25 006'03" East (assumed bearing) along the Easterly line of Niles Avenue, 242.74 feet; thence North 64 °53'57" East, 200.00 feet to the Westerly line of a tract of land conveyed to the City of South Bend, Indiana by Instrument Number 7803739 recorded March 3, 1978 in the office of the St. Joseph County Recorder; thence North 25° 06'03" West along said Westerly line, 149.87 feet to the South line of Corby Street; thence South 89° 48'27" West along said South line of Corby Street, 220.51 feet to the point of beginning. with said real estate having the following Key Numbers: 18 -5038- 134602 and 18 -5038 -1343, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization REGULAR MEETING area have been met; and JUNE 14. 1999 WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 2466 -97 on June 9, 1997; and WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby reconfirms its Declaratory Resolution and its Confirmatory Resolution designating the area described herein as an Economic Revitalization Area for the purposes ofproperty tax abatement. Such designation is for Real property tax abatement only and is limited to two years and nine months from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly made a motion that the Council consider the substitute version of this Resolution. Councilmember Aranowski seconded the motion which carried. Councilmember Kelly reported that the Community & Economic Development Committee met on the substituted version of this bill and sends it to the Council with a favorable recommendation, as amended. Deputy City Attorney Jeff Jankowski advised that the second sentence of Section I of the Resolution should be amended to read as follows: "Such designation is for Real property tax abatement only and is limited to two years and nine months from the date of adoption of the Declaratory Resolution by the Common Council." Councilmember Kelly made a motion to accept the amended version of this substitute bill. Councilmember Sniadecki seconded the motion which carried. Councilmember Hosinski informed the Council that he will recuse himself from voting on this matter as his law firm represents one of the subcontractors on this project. Mr. Daniel P. Thorsberg, 800 Port Street, Suite E, St. Joseph, Michigan, made the presentation for this Resolution. Mr. Thorsberg indicated that this extension is requested so they can complete the townhouse project which has been started. 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 substituted Resolution as amended. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll n 1 1 REGULAR MEETING JUNE 14. 1999 call vote of eight (8) ayes with Councilmember Hosinski recusing himself. RESOLUTION NO. 2752 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS NW CORNER OF OLIVE ROAD AND OLD CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE SOUTH BEND, L.L.C. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as NW corner of Olive Road and Old Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: Lot 1 and Lot 2 as said Lots are known and designated in the recorded plat of Kidder's Olive Road Minor Subdivision (Office of the Recorder of St. Joseph County, Indiana Document Number 9818752), containing 19.24 Acres, subject to public highways and any easements of record, if any. and which has Key Number 25 -1011 -0186, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- .1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. REGULAR MEETING JUNE 14, 1999 Mr. Kevin Butler, Attorney at Law, 131 South Taylor Street, South Bend, Indiana, made the presentation for this Resolution on behalf of Olive South Bend, L.L.C. Mr. Butler stated that this abatement is for a 104,000 square foot building that is excellent for tenants for warehousing, distributing and light manufacturing. Therefore, the Petitioner is requesting this ten (10) year abatement. It is noted that the Declaratory Resolution for this project was adopted by the Common Council on January 11, 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 Kelly 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. 41-99 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 125 WEST MARION STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on June 28, 1999. Councilmember Varner seconded the motion which carried. BILL NO. 42 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF W. WASHINGTON STREET FROM THE WEST RIGHT -OF -WAY OF BIRDSELL STREET TO THE EAST LINE OF THE FIRST NORTH/SOUTH ALLEY WEST OF BIRDSELL STREET FOR A DISTANCE OF APPROXIMATELY 115.5 FEET AND A WIDTH OF 12 FEET. PART LOCATED IN STOVER'S SUB. OF BANK OUTLOT 81, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Kelly 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 July 12, 1999. Councilmember Varner seconded the motion which carried. BILL NO. 43-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1422 E. CALVERT ST. IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried. BILL NO. 44-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1005 QUEEN STREET, AT THE CORNER OF SHERMAN AND QUEEN, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried. REGULAR MEETING JUNE 14, 1999 BILL NO. 45-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING TWO ADDITIONAL FUNDS IN THE SOUTH BEND CENTRAL DEVELOPMENT AREA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Community & Economic Development Committee and set it for Public Hearing and Third Reading on June 28, 1999. Councilmember Aranowski seconded the motion which carried. BILL NO. 46-99 A BILL AUTHORIZING THE TRANSFER OF FUNDS FROM CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACCOUNT FUNDS INTO OTHER CDBG ACCOUNTS This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community & Economic Development Committee and set it for Public Hearing and Third Reading on June 28, 1999. Councilmember Varner seconded the motion which carried. BILL NO. 47 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1613 W. DUNHAM, 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. UNFINISHED BUSINESS There was no unfinished business to come before the Council. NEW BUSINESS There was no new business to come before the Council. PRIVILEGE OF THE FLOOR Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, addressed the Council and gave his opinion about the South Bend Tribune's recent coverage of the murder trial of Gregory Dickens and asked what Council members did in response to that coverage. ADJOURNMENT There being no further business to come before the Council, President Coleman adjourned the meeting at 8:10 p.m. ATTEST: Loretta J u a City Yi er ATTEST: Sean Coleman, President