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HomeMy WebLinkAbout09-27-04 Council Meeting Minutes REGULAR MEETING SEPTEMBER 27, 2004 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, September 27, 2004, at 7:00 p.m. The meeting was called to order by President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek Dieter 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Vice-President Ann Puzzello 4th District David Varner 5th District Ervin Kuspa 6th District Sean Coleman At-Large Chairperson, Committee of the Whole Karen L. White At-Large President Absent: Al `Buddy" Kirsits At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand, Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy City Clerk Janice I. Talboom Deputy City Clerk 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 September 13, 2004 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. Members of the Sub-Committee on Minutes s/Karen L. White s/David Varner Councilmember Coleman made a motion that the minutes of the September 13, 2004, meeting of the Council be accepted and placed on file. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3379A-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING LIEUTENANT DAVID WOODS FOR WINNING THREE GOLD MEDALS AT THE 2004 INTERNATIONAL LAW ENFORCEMENT COMPETITION Whereas, the Common Council of the City of South Bend, Indiana, notes that the International Law Enforcement Games began in 1971 and provides an opportunity for world-class competition among sworn members of the law enforcement officers and offers competitors the opportunity to get to know their global colleagues and discuss issues related to law enforcement; and 1 1 REGULAR MEETING SEPTEMBER 27,2004 Whereas, the International Law Enforcement Games have grown from 500 participants in 1974 to over 5,600, and have been held throughout the United States, in Sydney, Australia in 1988, in Calgary in 1990, in Ottawa in 2002 and in Las Vegas, Nevada this year; and Whereas, the Common Council proudly acknowledges that Lieutenant David Woods of the South Bend Police Department won three (3) gold medals at the International Law Enforcement Games held in Las Vegas---winning the 200 meter Freestyle, winning the 100 meter Breaststroke and winning the 50 meter Breaststroke for his age group; and Whereas, the Common Council notes that Lt. Woods has attended seven (7) of the International Law Enforcement Games held since 1984, and has medaled in the breaststroke swimming events each time since 1990. Now, Therefore, be it resolved, 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 commends and congratulates Lieutenant David Woods for winning three (3) gold medals in this year's International Law Enforcement Games held in Las Vegas, Nevada. Section II. The Common Council proudly acknowledges that Lieutenant David Woods has proudly represented the South Bend Police Department for the past twenty years in such international competitions and has served as the Boys Swim Coach at Washington High School for eleven (11) years. Section III . The Council commends Lt. David Woods for being a positive role model, not only for his many years of dedicated service on the South Bend Police Department, but also for being an ambassador for the City of South Bend in the International games, and for being a former swim coach and role model to students in the South Bend Community School Corporation. The Council wishes Lt. David Woods and his family continued success and many more memorable opportunities in the future. Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, 1st District s/Ervin Kuspa, 6th District s/Charlotte D. Pfeifer, 2nd District s/Sean Coleman, At Large s/Roland Kelly, 3rd District s/Al `Buddy" Kirsits, At Large s/Ann Puzzello, 4th District s/Karen L. White, At Large s/Dr. David A. Varner, 5th District s/Kathleen Cekanski-Farrand Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor 2 REGULAR MEETING SEPTEMBER 27, 2004 Councilmember Derek Dieter, 1135 Portage Avenue, South Bend, Indiana, made the presentation for this Resolution by reading it in its entirety, offering his comments and presenting it to Lieutenant David Woods. A Public Hearing was held on the Resolution at this time. Thomas Fautz, Chief of Police, South Bend Police Department, 701 W. Sample St., South Bend, Indiana, commending Lieutenant Woods on his 30 plus years of service and stated that he is an outstanding police officer. There was no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Coleman 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 eight ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:07 p.m., Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Coleman, Chairperson, Committee of the Whole, presiding. Councilmember Coleman noted that this is the portion of the meeting in which members of the council meet as the Committee of the Whole in order to hear presentations and public comment on bills that are presented for ordinance consideration. Each bill that will be heard tonight will have a Public Hearing and after the hearing on each bill, the committee will vote on the disposition of the bill, which typically is sent to the full Council with either a favorable or an unfavorable recommendation. He noted that the South Bend Municipal code requires that the Chairperson describes the procedure for the hearings. The Committee operates in accord with the Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski-Farrand who serves as the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as follows: 1. The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Common Council Committee and/or the Area Plan Commission. 3. A formal presentation in favor of the bill which is not subject to a time limit is heard. 4. Comments are heard from members of the public who wish to speak in favor of the bill. Each such member is limited to five (5) minutes for his/her presentation and must begin by stating his/her name and residential address. 5. Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. 6. Comments are heard from any members of the public wishing to speak against the bill. Each member of the public speaking against the bill is limited to five (5) minutes for his/her presentation and must also begin by stating his/her name and residential address. With respect to those individuals speaking against, the total time for comments by members of the public speaking against the bill is the amount of time that was used by those speaking in favor of the bill or thirty (30) minutes whichever is greater. 7. A five (5)minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. 3 REGULAR MEETING SEPTEMBER 27, 2004 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition. PUBLIC HEARINGS BILL NO. 50-04 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY NORTH OF JEFFERSON BLVD, BETWEEN 36Th ST TO THE WEST AND THE NORTH/SOUTH ALLEY BETWEEN JEFFERSON BLVD. AND MARSHALL AVE TO THE EAST Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this Committee met this afternoon and due to a lack of a quorum, sends this bill to the full Council with no recommendation. Mr. John Stackowicz, 3603 E. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Stackowicz advised that he is petitioning to vacate the alley just North of Jefferson Blvd., between 36th St. to the West and the North/West alley between Jefferson Blvd., and Marshall Ave., to the East due to the danger involved in keeping it open. He indicated that cars use this alley to pass the stop light at Logan and Jefferson as well as using it as a thoroughfare between 36th St. and Logan. The cars excel at high rates of speed making for very dangerous situations for the elderly couple who lives adjacent to the alley. The alley is in disrepair and cars traveling through deposit trash and debris, bringing down the property value in the neighborhood. Mr. Stackowicz further advised that if this vacation is approved he plans to put in a berm, which will include dirt, grass and bushes and at the end by the North/West alley he plan to have that repaved. 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. Dolores Andrzejewski, 326 S. 36th Street, South Bend, Indiana, spoke in favor of this bill. She advised that cars speed up and down the alley at all hours of the day and night. She indicated that debris is thrown in the alley and believes that this vacation would be best for everyone in the neighborhood. There was no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 59-04 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE EAST SIDE OF CHAPIN STREET NORTH OF SAMPLE STREET TO UNITED DRIVE AND APPROXIMATELY 720 FEET OF UNITED DRIVE RUNNING EAST FROM CHAPIN STREET Councilmember Pfeifer made a motion to continue this bill until the October 11, 2004 meeting of the Council at the request of the Petitioner. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. 4 REGULAR MEETING SEPTEMBER 27,2004 COUNCIL PORTION ONLY BILL NO. 54-04 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR FISCAL YEAR ENDING DECEMBER 31, 2005 Councilmember Dieter, Chairperson, Personnel and Finance Committee,reported that this committee met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Councilmember Varner stated for a point of clarification that this came up in the meeting this afternoon, that the numbers which show up in this bill are best guess estimates at this time. They will be certified by the Department of Local Government Finance, when the net assessed value is finally determined and when the budget it approved and by a simple division process they come up with the rate, so while we are approving numbers here, they may change somewhat as a result of that net assessment. He reiterated that the numbers are the best guess estimates. Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. COUNCIL PORTION ONLY BILL NO. 55-04 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2005, AND ENDING DECEMBER 31, 2005, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Dieter, Chairperson, Personnel and Finance Committee, reported that this committee met this afternoon on this amended bill and sends it to the full Council with a favorable recommendation. Council President White advised that she asked Council Attorney Kathleen Cekanski- Farrand to research the lease agreement that was passed in 1993 regarding College Football Hall of Fame. President White also asked that City Attorney Charles Leone offer his comments regarding this bill. Kathleen Cekanski-Farrand, Common Council Attorney, advised that one of the first questions requested of Council President White was to locate the initial action that was taken by the South Bend Common Council with regard to the College Football Hall of Fame and it was Ordinance No. 8437-93, which was passed by a eight to one (8-1) vote on November 29, 1993. This is the ordinance that specifically approved the lease agreement between the Redevelopment Commission and the Redevelopment Authority 5 REGULAR MEETING SEPTEMBER 27,2004 and it authorized the construction of the Football Hall of Fame to go forward, it also permitted the issuance of bonds to go forward to fund that project. The next question was regarding the amendment that was made at the last Council meeting. A further question was asked since the last Council Meeting until approximately two weeks ago, a motion was made and carried with regard to a deletion of approximately $200,000 from one of the funds for the Football Hall of Fame, and again based on the obligations and duties and responsibilities of the Common Council to review the proposed budget, that was a proper motion procedurally. Charles Leone, City Attorney, 1400 County-City Bldg. 227 W. Jefferson Blvd., South Bend, Indiana advised that on behalf of Mayor Luecke he believes that Bill No. 55-04 as amended should go forward at this time to the full Council and be adopted. Although, the administration does disagree with the reduction in the amount of$200,000 in the Hall of Fame allocation. They also believe that the decision by the Council at this point does not place the City in violation of any contracts at this point, the appropriation will takes us well into the year 2005, the issue can certainly be revisited. Mr. Leone stated that he believes the Council Attorney is gathering some additional information and she and I will consult and compare the information and obviously make a recommendation to both the Administration and Council respectively. But at this time we feel it appropriate that the Budget as amended go forward. Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. COUNCIL PORTION ONLY BILL NO. 56-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2005 AND ENDING DECEMBER 31, 2005, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Dieter, Chairperson, Personnel and Finance Committee, reported that this committee met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 58-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SUPPLEMENTING AND AMENDING ORDINANCE NO. 8919-98, CONCERNING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE SEWAGE WORKS OF THE CITY OF SOUTH BEND, AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUE OF SUCH SEWAGE WORKS, THE SAFEGUARDING OF 6 REGULAR MEETING SEPTEMBER 27,2004 THE INTERESTS OF THE OWNERS OF SAID BONDS, AND OTHER MATTERS CONNECTED THEREWITH Councilmember Coleman, Vice-Chairperson,Utilities Committee, reported that this committee held a Public Hearing on this bill this afternoon and due to a lack of a quorum, sends this bill to the Council with no recommendation. Rick 011ett, City Controller, 14th Floor, County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. 011ett advised that the Council has previously authorized the issuance of bonds, which remain outstanding, for capital improvements to the South Bend Sewage Works. Specifically, Indiana Sewage Works Revenue Bonds were issued in the original amount of$24,095,000 dated December 30, 1998 (the 1998 Bonds)pursuant to Ordinance 8919- 98. South Bend Sewage Works Refunding Revenue Bonds of 2001 (the 2001 Bonds) were issued in the original amount of$5,240,000 per Ordinance 9270-01. Most recently, Indiana Sewage Works Revenue Bonds have been issued in 2004 in the original amount of$11,425,000 per Ordinance 9523-04 (the 2004 Bonds). All outstanding bonds and their corresponding Bond Ordinances require the establishment of a Debt Service Reserve Account in the Sewage Works Sinking Fund and the funding of a Debt Service Reserve Requirement in order to provide payment in the event such monies in the Bond and Interest Account are insufficient to pay the principal and interest on the Outstanding Bonds when due. As an alternative to cash funding of the Debt Service Reserve Account, a Debt Service Reserve Account insurance policy can be procured to pay the principal and interest on the Outstanding Bonds when due. Both the 2001 Bond Ordinance and the 2004 Bond Ordinance include a provision authorizing a Debt Service Reserve Account insurance policy in lieu of the Debt Service Reserve Account in cash funds. The City's Finance Department has determined that a Debt Reserve Account insurance policy is fiscally beneficial to the City. This ordinance amends the 1998 Bond Ordinance (8919- 98) to permit the City to substitute one or more insurance policy(s) to provide funds for the Debt Service Reserve Account. This proposed Ordinance has been reviewed and approved by the Indiana Bond Bank, holder of the 1998 bonds, as well as by the State of Indiana. 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, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 60-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING$397,640 OF UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INITIATIVE GRANT FUNDS WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER-OLIVER PROJECT AREA Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Andy Laurent, Economic Development Specialist,Division of Community and Economic Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. 7 REGULAR MEETING SEPTEMBER 27,2004 Mr. Laurent advised that this appropriation in the amount of$397,640 is from the United States Department of Housing and Urban Development Economic Development Initiative program. Mr. Laurent further advised that these funds will be used to implement the Studebaker/Oliver Redevelopment Strategy previously adopted by the Council. He stated that these grants have been received for the Studebaker/Oliver Redevelopment Project in the past, and are federal "earmark" grants that are awarded by Congress before the formal application documents are submitted. 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, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 61-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA,TO ISSUE ITS "TAXABLE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2004 (ERSKINE VILLAGE PROJECT)" AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO Councilmember Kelly made a motion to consider the substitute version of this bill as on file with the City Clerk. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this substituted bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Shawn Peterson, Attorney, Baker&Daniels, First Bank Building, 205 W. Jefferson Blvd., Suite 250, South Bend, Indiana, residing at 1470 Hampshire Dr., South Bend, Indiana made the presentation for this bill. Mr. Peterson advised that KSK-Scottsdale Mall, L.P. has proposed to develop a 400,000 - 500,000 square foot retail power center having a village concept at the southeast corner of the intersection of Ireland Road and Miami Street. Mr. Peterson further advised that with regards to the substitute bill, the only substantive change from the originally filed bill is that the bonds will be issued in two (2) series. One series will be sold to an underwriter and one series will be purchased by the developer or a related entity. The bill continues to provide that the combined principal amount of both series of bonds will not exceed$8.0 million and the interest rate may not exceed 8.0%, and that the City will bear no responsibility, financial or otherwise, with respect to the payment of the principal of and interest on the bonds or any other expenses associated with the bond issuance. Mr. Peterson further advised that KSK-Scottsdale Mall,L.P. has proposed to develop a 400,000-500,000 square foot retail power center having a village concept at the southeast corner of the intersection of Ireland Road and Miami Street. 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, Councilmember Kelly made a motion for favorable 8 REGULAR MEETING SEPTEMBER 27, 2004 recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 32-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 7 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING BUDGET, SALARY, PURCHASING, APPROPRIATIONS AND FINANCIAL REPORTING PROCEDURES Councilmember Varner made a motion to continue this bill until the November 8, 2004 meeting of the Council. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Kuspa made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: oorde, City Clerk Sean Coleman, Chairperson Committee of the Whole 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 7:38 p.m. President Karen White presided with eight (8) members present. BILLS -THIRD READING ORDINANCE NO. 9530-04 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY NORTH OF JEFFERSON BLVD, BETWEEN 36TH ST TO THE WEST AND THE NORTH/SOUTH ALLEY BETWEEN JEFFERSON BLVD. AND MARSHALL AVE TO THE EAST This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 9531-04 AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR FISCAL YEAR ENDING DECEMBER 31, 2005 • 9 REGULAR MEETING SEPTEMBER 27, 2004 This bill had third reading. Councilmember Varner 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. ORDINANCE NO. 9532-04 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2005, AND ENDING DECEMBER 31, 2005, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Varner made a motion to consider the amended version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Varner made a motion to pass this bill as amended. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9533-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2005 AND ENDING DECEMBER 31, 2005, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. This bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9534-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SUPPLEMENTING AND AMENDING ORDINANCE NO. 8919-98, CONCERNING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE SEWAGE WORKS OF THE CITY OF SOUTH BEND, AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUE OF SUCH SEWAGE WORKS,THE SAFEGUARDING OF THE INTERESTS OF THE OWNERS OF SAID BONDS, AND OTHER MATTERS CONNECTED THEREWITH This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. The bill passed by a roll call vote of eight (8) ayes. 10 REGULAR MEETING SEPTEMBER 27,2004 ORDINANCE NO. 9535-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING$397,640 OF UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INITIATIVE GRANT FUNDS WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER-OLIVER PROJECT AREA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9536-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA,TO ISSUE ITS "TAXABLE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2004 (ERSKINE VILLAGE PROJECT)" AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had third reading. Councilmember Pfeifer made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as substituted. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS BILL NO. 04-103 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 W. TUCKER DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, INC. BILL NO. 04-104 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 W. TUCKER DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, INC., A&F REALTY, NATHAN LERMAN TRUST, ALLAN AND FRANCES LERMAN, JH JONES LLC 11 REGULAR MEETING SEPTEMBER 27,2004 BILL NO. 04-105 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 RIVERSIDE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, INC. Councilmember Coleman made a motion to combine Bill Nos. 04-103; 04-104 and 04- 105 for purpose of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3380-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 W. TUCKER DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, 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 declared an area commonly known as 2722 W. Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: A part of the South of the Northwest 1/4 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said point being 172.0 feet North of the North right of way line of the Indiana Northern Railway Company; thence Westerly parallel with said North right-of- way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. By a deed recorded October 16 , 1993 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, Inc. tract, said line being parallel with the East line of said Southwest 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 495.90 feet to the North right-of-way line of the Indiana Northern Railway Company; thence Easterly along said North right-of-way line, 860.23 feet to the West edge of Steel Warehouse Co. Inc. building; thence North along said West edge of building, 172.0 feet; thence Westerly parallel with the North right-of-way line of the Indiana Northern Railway Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: 12 REGULAR MEETING SEPTEMBER 27,2004 Beginning at a point 260 feet South and 25 feet,West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the North line of the right-of-way of the Indiana Northern Railway Company; thence East parallel with said North line of said right-of-way, 540 feet; thence North parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty-seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the Northern and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along said North line to the West line of said Section Fifteen (15); thence North along said West line One Hundred Twenty-eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right-of-way; thence Northeasterly parallel to the Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right-of-way, Seven Hundred Twenty-seven and One One-Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence Southerly along said East line One Hundred Ninety-nine and Eighty-six Hundredths (199.86) feet, more or less, to the South line of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty-three and Fifty-two hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest Quarter of Section 15, Township 37 North, Range 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, to-wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15, 600 feet West of the Northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately South of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the Southeast Quarter(1/4) of the Northwest Quarter(1/4) of Section Fifteen (15), Township Thirty-seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South 492.9 feet to the North line of the right-of-way of the Indiana Northern Railroad; thence East along the said North line of the right-of-way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. Together with a right-of-way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township No. 37 North, Range No.2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub-division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: 13 REGULAR MEETING SEPTEMBER 27, 2004 The original right-of-way across, the North West corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894, and recorded in Deed Record 95, page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right-of-way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less, to a point distant 250 feet by rectangular measurement from the original center line of said right-of-way; thence North Easterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right-of-way a distance of 733..3 feet, more or less, to a point on the East line of said Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection with the said Easterly line of said original right-of- way; thence South Westerly with said Easterly line a distance of 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said Lot No. 16 which lies South of the North line of the right-of-way of the St. Joseph, South Bend and Southern Railroad Company, excepting fourth, a strip of land 70 feet wide North and South lying next north of and adjoining the right-of-way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right-of-way of the New York Central Railroad Company. All that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right-of-way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance of 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North to the place of beginning. Beginning in the center line of Olive Street in said City at a point Seven Hundred Eighteen and twenty-five hundredths (718.25) feet South of the North line of said Section No. 15, said point of beginning being on the Southerly line of a strip of land Fifty (50) feet wide reserved for the right of way of the Indiana Northern Railroad Company thence running South on the center line of Olive Street, a distance of Six Hundred Eight and fifteen-hundredths (608.15) feet to the South east corner of said North East quarter of the North West quarter of Section No. 15; thence running West on said South line, a distance of Thirteen Hundred twenty-seven (1327) feet to the West line of said quarter quarter Section, thence North on said West line, a distance of Four Hundred Ninety-three and four hundredths (493.04) feet to the Southerly line of said parcel deeded by said Grantors to the New York central Railway Company; thence North Easterly along the Southerly line of said last named parcel to a point on the South line or the right of way of the Indiana Northern Railroad Company due West of the place of beginning; thence East ten hundred Fifty-seven and Thirteen hundredths (1057.13) feet, more or less, to the place of beginning, and containing Seventeen and seven hundred Sixty-one thousandths (17.761) acres, exclusive of Olive Street. All that part of the East Half of the North West Quarter of the North West Quarter of Section No. 15, Township No. 37 North, Range No. 2 East, that lies South of the right-of- way of the Indiana, Illinois, and Iowa Railroad Company (now New York Central Railroad), now within and a part of the City of South Bend; excepting therefrom a lot or parcel of land bounded as follows: Beginning at the intersection of the South Easterly line of said right-of-way and the East line of the East Half of the Northwest Quarter of the North West Quarter of said Section No. 15, thence running South Westerly along the South Easterly line of said right-of-way 14 REGULAR MEETING SEPTEMBER 27,2004 to the West line of the East Half of the North West Quarter of the North West Quarter of said Section; thence running South 219 feet, more or less, to a point; thence North Easterly parallel with and 219 feet South of the Southerly line of said right-of-way to the East line of the East Half of the North West Quarter of the North West Quarter of said Section No. 15; thence North 219 feet, more or less, to the place of beginning. which has Key Numbers 18-8075-2838, 18-8075-2839, 18-8075-2843, 18-8075-2844.03, 18-8075-2844.04, 18-8075-2844.06, 18-8075-2845.01, and 18-8075-2845.02 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, 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, the Memorandum of Agreement between the Petitioner and the City of South Bend and the Statement Of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council RESOLUTION NO. 3381-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 W. TUCKER DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, INC., A &F REALTY, NATHAN LERMAN TRUST, ALLAN AND FRANCES LERMAN, JH JONES LLC 15 REGULAR MEETING SEPTEMBER 27,2004 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 2722 W. Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land being a part of the Southeast Quarter of Section 18, Township 38 North, • Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana, and being more particularly described as follows: A part of the South of the Northwest 1/4 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said point being 172.0 feet North of the North right of way line of the Indiana Northern Railway Company; thence Westerly parallel with said North right-of- way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. By a deed recorded October 16 , 1993 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, Inc. tract, said line being parallel with the East line of said Southwest 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 495.90 feet to the North right-of-way line of the Indiana Northern Railway Company; thence Easterly along said North right-of-way line, 860.23 feet to the West edge of Steel Warehouse Co. Inc. building; thence North along said West edge of building, 172.0 feet; thence Westerly parallel with the North right-of-way line of the Indiana Northern Railway Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the North line of the right-of-way of the Indiana Northern Railway Company; thence East parallel with said North line of said right-of-way, 540 feet; thence North parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section Fifteen • (15), Township Thirty-seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the Northern and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along said North line to the West line of said Section Fifteen (15); thence North along said West line One Hundred Twenty-eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right-of-way; thence Northeasterly parallel to the Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right-of-way, Seven Hundred Twenty-seven and One One-Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence Southerly along said East line One Hundred Ninety-nine and Eighty-six Hundredths (199.86) feet, more or less, to the South line of the Northwest Quarter (1/4) 16 REGULAR MEETING SEPTEMBER 27, 2004 of the Northwest Quarter (1/4) of Section Fifteen-(15); thence East along said South line Six Hundred Sixty-three and Fifty-two hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest Quarter of Section 15, Township 37 North, Range 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, to-wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15, 600 feet West of the Northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately South of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the Southeast Quarter (1/4) of the Northwest Quarter(1/4) of Section Fifteen (15), Township Thirty-seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South 492.9 feet to the North line of the right-of-way of the Indiana Northern Railroad; thence East along the said North line of the right-of-way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. Together with a right-of-way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township No. 37 North, Range No.2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub-division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: The original right-of-way across, the North West corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894, and recorded in Deed Record 95, page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right-of-way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less, to a point distant 250 feet by rectangular measurement from the original center line of said right-of-way; thence North Easterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right-of-way a distance of 733..3 feet, more or less, to a point on the East line of said Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection with the said Easterly line of said original right-of- way; thence South Westerly with said Easterly line a distance of 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said Lot No. 16 which lies South of the North line of the right-of-way of the St. Joseph, South Bend and Southern Railroad Company, excepting fourth, a strip of land 70 feet wide North and South lying next north of and adjoining the right-of-way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and 17 REGULAR MEETING SEPTEMBER 27,2004 dedicated to the public as a highway, which said extension shall extend to the right-of- way of the New York Central Railroad Company. All that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest - Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right-of-way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance of 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North to the place of beginning. Beginning in the center line of Olive Street in said City at a point Seven Hundred Eighteen and twenty-five hundredths (718.25) feet South of the North line of said Section No. 15, said point of beginning being on the Southerly line of a strip of land Fifty (50) feet wide reserved for the right of way of the Indiana Northern Railroad Company thence running South on the center line of Olive Street, a distance of Six Hundred Eight and fifteen-hundredths (608.15) feet to the South east corner of said North East quarter of the North West quarter of Section No. 15; thence running West on said South line, a distance of Thirteen Hundred twenty-seven (1327) feet to the West line of said quarter quarter Section, thence North on said West line, a distance of Four Hundred Ninety-three and four hundredths (493.04) feet to the Southerly line of said parcel deeded by said Grantors to the New York central Railway Company; thence North Easterly along the Southerly line of said last named parcel to a point on the South line or the right of way of the Indiana Northern Railroad Company due West of the place of beginning; thence East ten hundred Fifty-seven and Thirteen hundredths (1057.13) feet, more or less, to the place of beginning, and containing Seventeen and seven hundred Sixty-one thousandths (17.761) acres, exclusive of Olive Street. All that part of the East Half of the North West Quarter of the North West Quarter of Section No. 15, Township No. 37 North, Range No. 2 East, that lies South of the right-of- way of the Indiana, Illinois, and Iowa Railroad Company (now New York Central Railroad), now within and a part of the City of South Bend; excepting there from a lot or parcel of land bounded as follows: Beginning at the intersection of the South Easterly line of said right-of-way and the East line of the East Half of the Northwest Quarter of the North West Quarter of said Section No. 15, thence running South Westerly along the South Easterly line of said right-of-way to the West line of the East Half of the North West Quarter of the North West Quarter of said Section; thence running South 219 feet, more or less, to a point; thence North Easterly parallel with and 219 feet South of the Southerly line of said right-of-way to the East line of the East Half of the North West Quarter of the North West Quarter of said Section No. 15; thence North 219 feet, more or less, to the place of beginning. and which has Key Numbers 18-8075-2838, 18-8075-2839, 18-8075-2843, 18-8075- 2844.03, 18-8075-2844.04, 18-8075-2844.06, 18-8075-2845.01, and 18-8075-2845.02 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 remonstrance's 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: 18 REGULAR MEETING SEPTEMBER 27,2004 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 five (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. 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/Karen L. White Member of the Common Council RESOLUTION NO. 3382-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 RIVERSIDE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, 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 declared an area commonly known as 1400 Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast corner of the Southwest 1/4 of said Section 35; thence South 89 49'52" West (bearing assumed) along the South line of said Section, 308.97 feet; thence North 89 55'00" West, 116.24 feet; thence North 00 00'27" West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55'00" West along said North line of alley, 236.61 feet to a point 120.00 feet South 89 55'00" East of the East line of Kessler Boulevard, 128.00 feet to a point on the South line of King Street, 180.00 feet South 89 55'18" East of the Northeast corner of Lot 10 as shown on the Second Plat of Northwest Addition to the city of South Bend recorded April 6, 1906 in Plat Book 0. pages 30 and 31; thence South 89 55'18" East along the South line of King Street, 352.84 feet; thence g g feet; North 00 00'27" West., 194.85 feet to a point on the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06'09" East, 128.81 feet; thence North 89 46' 49" East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37'15" West along a chord subtending said Westerly line of Riverside Drive, 455.43 feet to the South line of Said Section 35; thence North 90 0000" West along said South line, 156.71 feet to the point of beginning. Commencing at the Southeast corner of the 1/4 of said Section 35; thence North 00 00'30" West (bearing assumed) along the East line of said Southwest 1/4 a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00'30" West along said East line 336.00 feet to the South line of Queen Street; thence South 89 56'09" West along said South line of Queen Street 176.60 feet; thence 19 REGULAR MEETING SEPTEMBER 27, 2004 North 00 02'36" East 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56'09" West along said centerline of alley, 131.27 feet; thence South 00 06'09" West along the East line of Lot 145 in the Third Plat of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the south line of Queen Street; thence South 89 56'09" West along said south line of Queen Street, 12.93 feet to the East line of Allen Street; thence South 00 05'51" West along said east line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58'27" East along said South line of McCartney Street, 12.91 feet; thence South 00 06'09" West 6.11 feet; thence North 89 56'09" East 308.71 feet to the Point of Beginning. which has Key Numbers 18-2110-4065, 18-2110-4066, and 18-2110-4067 as an Economic Revitalization Area; under the provisions of Indiana Code 6-1.1-12.1 et and South Bend Municipal Code Sections 2-76 et seq., 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, the Memorandum of Agreement between the Petitioner and the City of South Bend and the Statement Of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et sew. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Mr. Gerald Lerman, Vice President, Steel Warehouse Co. Inc., 2722 W. Tucker Drive, South Bend, Indiana, residential address 1121 E. Woodside, South Bend, Indiana, made the presentation for these bills. Mr. Lerman advised that Steel Warehouse is a steel service center specializing in flat rolled, low carbon steel, with operations involving slitting, leveling pickling, temper rolling, and shearing. Mr. Lerman further advised that the first abatement request if for real property abatement for a building addition of$12,800 sq. ft. at 2722 W. Tucker Drive for expanded manufacturing, warehousing and related uses. The estimated cost of the building addition if$638,000. The second and third abatement requests are for personal property abatement for new material handling equipment for processing and handling steel and steel products. This equipment will be installed at 2722 W. Tucker 20 REGULAR MEETING SEPTEMBER 27,2004 Drive and 1400 Riverside Drive. The cost of the equipment is estimated to be between $2.2 and$4 million. A Public Hearing was held on these Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Coleman made a motion to adopt Bill No. 04-103. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. Councilmember Pfeifer made a motion to adopt Bill No. 04-104. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. Councilmember Coleman made a motion to adopt Bill No. 04-105. Councilmember Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 04-106 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 705 S. KALEY STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ST. ADALBERT ROMAN CATHOLIC CHURCH FOR THE BENEFIT OF HABITAT FOR HUMANITY Councilmember Coleman made a motion to table this bill until the end of the Resolution Section of the Agenda. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 04-107 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 744 S. CARLISLE STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WESTSIDE DEMOCRATIC AND CIVIC CLUB FOR THE BENEI-'1'1'OF HABITAT FOR HUMANITY Councilmember Coleman made a motion to table this bill until the end of the Resolution Section of the Agenda. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 04-108 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2530 W. LINDEN AVE., 1139 MCKINLEY AVE., AND 21 REGULAR MEETING SEPTEMBER 27,2004 2118 KENWOOD ST. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY Councilmember Coleman made a motion to table this bill until the end of the Resolution Section of the Agenda. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3383-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5541, 5546, 5554, 5549, 5614, 5615, 5624, 5623,5704, 5705, 5716, 5724, 5725, 5806, 5809 DEER HOLLOW DRIVE, 2710, 2716, 2811, 2821, BLACK TAIL COURT, 2708, 2713, 2716 2721, 2810, 2811, 2819, 2827, 2835, RED FARM COURT, 2625 HOLLINGTON WAY AND 2512, 2515, 2520 2525, 2528, 2605, 2615, 2623, 2631 RUNNING DEER DRIVE,DEER HOLLOW SUBDIVISION AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ALWAY DEVELOPMENT CORPORATION Mr. Derek Spear, Abonmarche Consultants of Indiana,LLC, 1750 Lincolnway East, South Bend, Indiana made the presentation for this bill on behalf of Alway Development Corp. Mr. Spear advised that the petitioner proposes to develop a new thirty-six (36)home subdivision. Lot sizes will range from 0.31 acres to 6.06 acres. Approximately twenty (20) of the homes will be villas, with an average size of 3,000 square feet. The remaining sixteen (16) conventional homes are expected to average 3,500 square feet. The average market value of the villa homes is expected to be $300,000 and the average market value of the larger conventional homes is expected to be $600,000. The total market value for this new development will be approximately$12,500,000. 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 Varner made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3384-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOW AS 225 GARST STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR JAMES F. AND SANDRA M. MCCUNE 22 REGULAR MEETING SEPTEMBER 27,2004 WHEREAS, a petition for real property tax abatement 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 2820 Viridian Drive, South Bend, Indiana, and which is more particularly described as follows: Key# 18-8001-0009 S l lot 48 &W 1 vacated alley E& adjacent to South Bend City Key# 18-8001-0010 N 1 lot 47 &W 1 vacated alley E & adjacent to South Bend City Key# 18-8001-0011 S 1/2 lot 47 &W 1 vacated alley E& adjacent to South Bend City Key# 18-8001-0012 N 1 lot 46 &W 1 vacated alley W & adjacent to South Bend City Key# 18-8001-0013 S '/a lot 46 &W 1/2 vacated alley E& adjacent to South Bend City Key# 18-8001-0014 Lot 45 &W 1/2 vacated alley E & adjacent to South Bend City as an Economic Revitalization Area; and 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 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 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 that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner 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 pursuant to Indiana Code 6-1.1-12.1-3 et. seq. the following: a. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. b. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; c. That the estimate of the number of individuals who will be e employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; d. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; e. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and f. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between 23 REGULAR MEETING SEPTEMBER 27,2004 the Petitioner and the City of South Bend, and 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 IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. 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 VII. 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, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Coleman made a motion to entertain the substitute version of this Resolution as on file with the City Clerk. Councilmember Varner seconded the motion which carried by a voice vote of either(8) ayes. Councilmember Kelly,Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. James McCune, 1517 Anderson Avenue, South Bend, Indiana made the presentation for this bill. Mr. McCune stated that he has purchased the property at 225 Garst Street and proposes to build a 5,850 square foot home to house his masonry business. The building will be a steel building with an all brick front and will have 2,250 square feet of office and 3,600 square feet of shop space. He stated that he plans to lease a portion of the building until his business grows into the entire building. The total cost of the project is estimated at $250,000.00. 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 Varner made a motion to adopt this Resolution as substituted. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3385-04 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 2820 VIRDIAN DRIVE AN ECONOMIC REVITALIZATION 24 REGULAR MEETING SEPTEMBER 27, 2004 AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR MACK TOOL&ENGINEERING, INC., MELVIN W. HARTZ, AND SONDRA K. HARTZ WHEREAS, a petition for real property tax abatement 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 2820 Viridian Drive, South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter of Section 28, Township 38 North, Range 2 East, of the Second Principal Meridian, City of South Bend, St. Joseph County. and which has Key Numbers 25-1010-040029, 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 sec., 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 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 that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner 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 pursuant to Indiana Code 6-1.1-12.1-3 et. seq. the following: a. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. b. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; c. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; d. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; e. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and f. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits 25 { REGULAR MEETING SEPTEMBER 27, 2004 identified in the Statement of Benefits set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and 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 IV. The Common Council hereby accept s the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. 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 VII. 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, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Paul Hartz, Vice President Mack Tool &Engineering, 15722 Sunrise Trail, Granger, Indiana, made the presentation for this bill. Mr. Hartz advised that Mack Tool &Engineering is a prototype and experimental machining parts business in the aerospace and medical industries. Mr. Hartz further advised that they propose to build a 10,000 square foot building addition to their property at 2820 Viridian Drive. The building addition will provide new shop space and new bathrooms. The project also includes renovating the offices, and electric and telephone related improvements. The total cost of the project is estimated at $350,000.00. 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 Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight ayes. BILL NO. 04-113 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 2306 LINDEN AVE AND 2229 ORANGE ST. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR 26 REGULAR MEETING SEPTEMBER 27, 2004 RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY Councilmember Coleman made a motion to table this bill until the end of the Resolution Section of the Agenda. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 04-102 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FORMALLY ACKNOWLEDGING THE ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM(NIMS)AS THE BASIC FRAMEWORK FOR ALL EMERGENCY RESPONSE PROVIDERS Councilmember Puzzello made a motion to continue this bill indefinitely. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3386-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING THE NEIGHBORHOOD RESTORATION PLAN FOR THE WEED & SEED PROGRAM WHEREAS, the City of South Bend, Indiana,recognizes the need to improve, protect and preserve both its commercial corridors and the adjacent neighborhoods through community-based planning research and development; and WHEREAS, the Neighborhood Restorations Plan for the Weed & Seed Program is comprised of those properties within the area bounded by the Norfolk Southern Railroad on the North, Sample Street on the South, Arnold Street on the East and Sheridan Street on the West; and WHEREAS, the City of South Bend, Indiana,is association with the Weed& Seed Alliance, Inc. and its Neighborhood Restoration Committee has commissioned a Strategic Action Plan for the three neighborhoods that comprise the Weed & Seed Area (St. Casimir, Westside and LaSalle Park); and WHEREAS, the Neighborhood Restoration Plan was created through the input of residents, property and business owners throughout the neighborhoods as well as representatives of various City of South Bend departments in many neighborhood planning meetings which were advertised in newsletters, mailings of personal invitations, phone calls, e-mail and door to door contact; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the Weed &Weed Neighborhood Restoration Plan is approved as the land use policy plan for future land use development in the area considered. SECTION II. That the Common Council of the City of South Bend, Indiana does hereby recommend adoption of this plan to the Common Council of the City of South Bend, Indiana. SECTION III. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 27 REGULAR MEETING SEPTEMBER 27,2004 s/Karen L. White Member of the Common Council Councilmember Puzzello, Chairperson, Health &Public Safety Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to full Council with a favorable recommendation. Mr. Marco Mariani, Staff Planner, Community and Economic Development, 1200 County-City Building, South Bend, Indiana,made the presentation for this bill. Mr. Mariani advised that this bill for the Council's consideration is for the adoption of the Weed& Seed Neighborhood Restoration Plan. The purpose of this Resolution is to adopt the plan as the official land use policy plan for future land use development and revitalization of the three neighborhoods that comprise the Weed&Seed Area(LaSalle Park, St. Casimir and the Westside.) 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 Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3387-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 705 S. KALEY STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ST. ADALBERT ROMAN CATHOLIC CHURCH FOR THE BENEFIT OF HABITAT FOR HUMANITY 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 705 S. Kaley Street, South Bend, Indiana, and which is more particularly described as follows: Lots numbered 1075 and 1076 in Third Plat of Summit Place Addition to the City of South Bend, St. Joseph County, Indiana (unimproved lots). and having Key Number 18-4040-1457, 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 seq., 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 remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. 28 REGULAR MEETING SEPTEMBER 27,2004 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 of 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 of 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. 29 REGULAR MEETING SEPTEMBER 27,2004 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/Karen L. White Member of the Common Council Mr. David Hatch, Executive Director, Habitat for Humanity, 402 E. South Street, South Bend, Indiana, made the presentation for this bill. Mr. Hatch advised St. Adalbert Roman Catholic Church will sell this lot to Habitat for Humanity which proposes to construct a 1,120 square foot home on a crawlspace. The home will have three bedrooms and one bath. Habitat will use volunteer labor and donated materials to build the home, valued at approximately$69,000.00. 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 Coleman made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3388-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 744 S. CARLISLE STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WESTSIDE DEMOCRATIC AND CIVIC CLUB FOR THE BENEFIT OF HABITAT FOR HUMANITY 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 744 S. Carlisle Street, South Bend, Indiana, and which is more particularly described as follows: Lots 103 and 104 Realty Constr. Co. 2nd. and having Key Numbers 18-4009-0314 and 18-4009-0316,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 seq., 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 30 REGULAR MEETING SEPTEMBER 27,2004 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 of 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 of 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. 31 REGULAR MEETING SEPTEMBER 27, 2004 s/Karen L. White Member of the Common Council Mr. David Hatch, Executive Director, Habitat for Humanity, 402 E. South Street, South Bend, Indiana, made the presentation for this bill. Mr. Hatch advised that The Westside Democratic and Civic Club will sell two lots of record to Habitat for Humanity, which proposes to construct one 1,120 square foot home on a crawlspace on the combined 80 x 120 foot lot. The home will have either three bedrooms and one bath or four bedrooms and one-and three quarters baths. Habitat will use volunteer labor and donated materials to build the home, valued at approximately $69,000.00 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 Puzzello made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3389-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2530 W. LINDEN AVE., 1139 MCKINLEY AVE., AND 2118 KENWOOD ST. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY 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 2530 W. Linden Ave., 1139 McKinley Ave. and 2118 Kenwood, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Numbers 2530 W. Linden Ave. Lot 16 of Kaley's 1st Add. 18-2069-2537 East 1/2 of 18-2069-2538 1139 McKinley 40 ft East and West, taken off of 18-5083-2953 and form the entire width of the 18-5083-2952 East ends of Lots 39 &40 of Sommers' 2118 Kenwood Lot 60 &61 Arnold and Fisher 18-2027-0864 Subdivision of Lots 2 and 8 of 18-2027-0862 Kunstman and Meyers Add 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 32 REGULAR MEETING SEPTEMBER 27, 2004 WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's 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 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 of 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 of 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 33 REGULAR MEETING SEPTEMBER 27,2004 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/Karen L. White Member of the Common Council Mr. David Hatch, Executive Director, Habitat for Humanity, 402 E. South Street, South Bend, Indiana, made the presentation for this bill. Mr. Hatch advised that Habitat for Humanity plans to build three (3) homes of approximately 1,120 square feet. The homes will have three or four bedrooms and one bath. Due to limited construction funding the homes will be built on crawlspaces. 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 or or in opposition to this Resolution, Councilmember Coleman 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 eight (8) ayes. RESOLUTION NO. 3390-04 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 2306 LINDEN AVE AND 2229 ORANGE ST. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY 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 2306 W. Linden Ave. and 2229 Orange St. South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Numbers 2306 W. Linden Lot 96A Oak Grove First Addition 18-2022-0655 Fire Station Replat (now consolidated 18-2022-0658 under Lot 96A Oak Grove Add, Fire Station Replat). 34 REGULAR MEETING SEPTEMBER 27,2004 2229 Orange St. Lot 103 and Vac Alley and Adj; Vac 18-2027-0864 Carlisle St W. and Adj. Oak Grove 1st Add. Lot 104 and Vac Alley and Adj; Vac 18-2027-0862 Carlisle St W. and Adj. Oak Grove 1st Add. 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 remonstrance's 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 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 of 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 of 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. 35 REGULAR MEETING SEPTEMBER 27,2004 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/Karen L. White Member of the Common Council Mr. David Hatch, Executive Director, Habitat for Humanity, 402 E. South Street, South Bend, Indiana, made the presentation for this bill. Mr. Hatch advised that Habitat proposes to construct two (2) new single family homes of approximately 1,120 square feet on the above identified lots. The homes will have three or four bedrooms and one bath. Due to limited construction funding, the homes will be built on crawlspaces. The estimated market value of each home if$69,000.00. The total value of the project is estimated at$138,000.00. 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 Coleman made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS —FIRST READING BILL NO. 64-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING$31,045 OF INDIANA DEVELOPMENT FINANCE AUTHORITY GRANTS FUNDS WITHIN FUND 210 FOR THE PURPOSE OF ENVIRONMENTAL INVESTIGATION OF PROPERTY LOCATED AT 520 AND 522 LINCOLNWAY WEST AND 335 KUNTSMAN COURT IN SOUTH BEND, INDIANA. This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and the Health and Public Safety Committee and set it for Public Hearing and Third Reading on October 11, 2004. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. 36 REGULAR MEETING SEPTEMBER 27,2004 BILL NO. 65-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 2 OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO FIX RATES AND CHARGES FOR THE DISCHARGE OF HAULED SEPTIC TANK WASTE AND SIMILAR HAULED LIQUID WASTES TO THE SOUTH BEND WASTEWATER TREATMENT PLANT This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Utilities Committee and set it for Pubic Hearing and Third Reading on October 11, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORT FROM THE AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on the Public Hearing held on September 21, 2004: BILL NO. 47-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 2600 BLOCK OF PRAIRIE AVE., COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ANNOUNCEMENT OF NEXT MEETING DATE Council President White announced that the next meeting of the Common Council will be held on Monday, October 11, 2004. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:30 p.m. 37 REGULAR MEETING SEPTEMBER 27, 2004 ATTEST: ATTEST: - ohn •orde, City Clerk K. en L. White,President 38