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HomeMy WebLinkAbout04-10-00 Council Meeting MinutesREGULAR MEETING APRIL 10, 2000 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, April 10, 2000, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: None 1" District Vice - President 2nd District President 3rd District 4th District 5th District 6th District Chairperson, Committee of the Whole At -Large At -Large At -Large 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 March 27, 2000 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Coleman made a motion that the minutes of the March 27, 2000 meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS UPDATE ON CENSUS EFFORT Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, 205 West Jefferson Boulevard, Suite 416, South Bend, Indiana, reviewed and updated the Council on the 2000 census effort. Mr. Magliozzi noted that there has been a decline in the response rate even though there has been much advertising of the importance of completing the census forms. He encouraged all to keep up the effort to inform all residents on how important it is to fill out the form. He further noted that Indiana is close to losing a congressman because of the numbers. If an individual needs to replace a lost form or if they have any questions they can call 245 -5150. Mr. Magliozzi noted that income levels requested on the form are confidential but are used to determine the disbursement of federal dollars. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. REGULAR MEETING APRIL 10, 2000 BILL NO. 6-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; ROYAL OAK ESTATES AND COMMUNITY BAPTIST CHURCH Councilmember Ujdak noted that due to an error, there is no committee recommendation from the Zoning & Annexation Committee concerning this bill. Mr. Bill R. Owen, BOSH Design Group, Inc., 113 Lincolnway West, Suite 200, Mishawaka, Indiana, made the presentation for this annexation, representing Mr. Dean Dolph, President, D &H Home Builders, Inc. 61653 Brompton Road, South Bend, Indiana developers of the Royal Oaks Subdivision and Mr. Rubin Hine, Community Baptist Church, 5715 Miami Highway, South Bend, Indiana. Mr. Owen explained to the Council that this annexation involves fifty -eight and one -half (58.5) acres of the Royal Oaks Subdivision and twenty (20) acres of the Community Baptist Church. He noted that streets and utilities in the subdivision will meet City standards with the drainage designed by Drainage Board and St. Joseph County Engineering Department standards. All tests done on the property are available and meet City standards. Additionally, street lights to be installed meet City standards and sidewalks will be placed throughout the subdivision. 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 Coleman made a motion to send this bill to the full Council with a favorable recommendation. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to set this bill for third reading at the May 22, 2000 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 10 -00 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3016 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski made a motion to continue this bill until the October 9, 2000 meeting of the Council and send it to the Zoning and Annexation Committee. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 11 -00 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE ANGELA BOULEVARD BRIDGE LOCATED ACROSS THE ST. JOSEPH RIVE AT ANGELA BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Uj dak reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. J. Edward Talley, Director, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, made the presentation for this bill. REGULAR MEETING APRIL 10, 2000 Mr. Talley outlined the history of the bridge beginning in 1878. He noted that the current bridge was opened to traffic in 1940 and is a three (3) arch Melan style bridge. The bridge is ranked a significant twelve (12) in the Indiana Historic Sites and Structures Inventory. Mr. Talley additionally advised the Council that the bridge will undergo some reconstruction which will make it resemble the Leeper bridge when that work is completed. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. David Koehler, 601 North Hill Street, South Bend, Indiana, informed the Council that this bridge is a landmark and he recommends their favorable recommendation as it is important to save structures like this one for the history of our community. There being no one else present wishing to speak to the Council in favor of this bill or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 31 -00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF CALIFORNIA BETWEEN ALLEN ST. AND SHERMAN AVE., THE FIRST EAST /WEST ALLEY SOUTH OF VANBUREN ST. BETWEEN ALLEN ST. AND THE FIRST NORTH/SOUTH ALLEY EAST OF HARRISON AVE., AND THE FIRST EAST /WEST ALLEY SOUTH OF LINDSEY ST. BETWEEN HARRISON AVE. AND THE FIRST NORTH /SOUTH ALLEY EAST OF HARRISON AVE. BILL NO. 32 -00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LINCOLNWAY WEST BETWEEN COTTAGE GROVE AVE. AND THE FIRST NORTH/SOUTH ALLEY EAST OF COTTAGE GROVE AVE., THE FIRST EAST /WEST ALLEY SOUTH OF LINDSEY BETWEEN THE FIRST NORTH/SOUTH ALLEY WEST OF SCOTT ST. AND SCOTT ST., THE FIRST AND THIRD EAST/WEST ALLEYS SOUTH OF LINDSEY ST. BETWEEN SCOTT ST. AND THE FIRST NORTH/SOUTH ALLEY EAST OF SCOTT ST., AND THE FIRST EAST/WEST ALLEY SOUTH OF LINDSEY ST. BETWEEN LELAND AVE. AND THE FIRST NORTH/SOUTH ALLEY EAST OF LELAND AVE. Councilmember Aranowski made a motion to combine Bill Nos. 31 -00 and 32 -00 for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner reported that the Public Works and Property Vacation Committee met on these bills and sends them to the Council with favorable recommendations. Ms. RitaKopczynski, Executive Director, Near Northwest Neighborhood, Inc., 1005 Portage, South Bend, Indiana, made the presentation for these vacations. Ms. Kopczynski informed the Council that these bills vacate a number of unnecessary east/west alleys which have already been replaced with sod and curbs. She noted they have received favorable reports from abutting residents on these improvements and the neighbors are pleased that these alleys will not be used as short-cuts and for illegal activities. Ms. Kopczynski indicated that the NNN sent out letters regarding this process to the affected residents and they are grateful because it has improved the neighborhood. REGULAR MEETING APRIL 10, 2000 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. J. Edward Talley, Director, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, informed the Council that he is a current resident of the area. He noted that this program has been in the works for many years and he therefore asks for the Council's favorable recommendation on these vacations. There was no one else present wishing to speak to the Council in support of this bill. Mr. Joseph Sutherland, 744 North Harrison, South Bend, Indiana, advised the Council that he has been a resident of this area for the last five (5) years having lived in the neighborhood for twenty - nine (29) years when he was growing up. Mr. Sutherland told the Council that the neighborhood is going to shambles. He stated that he uses his alley, which has already been blocked, to get to the back of his home. He noted that the neighborhood is basically rental properties and the grass that was put in the alleys looks bad because no one takes care of it. In conclusion, Mr. Sutherland noted that he opposes the vacation of the alleys and he does not understand the reason they were closed as no one is taking care of the grass that Was put down. Ms. Carolyn Sutherland, 744 North Harrison, South Bend, Indiana, informed the Council that she likes her alley and she uses her alley as it provides a way for her to get into her yard. She stated that she does not have a problem with the improving of the alley but does not want it taken it away. She prefers that they stay open and she wants the use of her alley. There was no one else present wishing to address the Council in opposition to this bill. In rebuttal, Ms. Kopczynski indicated that she has not met the Sutherland's even though they met with abutting property owners. She indicated that the neighbors need to work with the neighborhood center on issues that affect their neighborhoods and is sorry that the Sutherland's are disappointed with the recent improvements to the alleys. Ms. Kopczynski advised that they have replanted trees in the area and they will do everything they can to keep the neighborhood up. She encouraged residents to take part in the organization as they are looking for leadership from the neighborhood. Councilmember Aranowski stated that this vacation plan has been in the works for the past two (2) to three (3) years and they talked to abutting property owners regarding the process. He further stated that residents were very satisfied that the east /west alleys would be closed. Additionally, the Police Department and Street Department are pleased with the closings. In conclusion, Councilmember Aranowski pointed out that these closings did not take away any access to garages. Councilmember Aranowski made a motion for favorable recommendation to full Council concerning Bill No. 31 -00. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion for favorable recommendation to full Council concerning Bill No. 32 -00. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 28-00 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE REGARDING ADULT BUSINESSES Councilmember Coleman made a motion to continue this bill until the June 12, 2000 meeting of the Council at the request of the Petitioner. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. 1 �I 1 REGULAR MEETING APRIL 10, 2000 RISE AND REPORT Councilmember Coleman made a motion to rise and report to full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: —\ orett a, ity Clerk Andrew Ujdak, C Committee of the 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 7:47 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9104 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE ANGELA BOULEVARD BRIDGE LOCATED ACROSS THE ST. JOSEPH RIVER AT ANGELA BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9105 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF CALIFORNIA BETWEEN ALLEN ST. AND SHERMAN AVE., THE FIRST EAST/WEST ALLEY SOUTH OF VANBUREN ST. BETWEEN ALLEN ST. AND THE FIRST NORTH/SOUTH ALLEY EAST OF HARRISON AVE., AND THE FIRST EAST/WEST ALLEY SOUTH OF LINDSEY ST. BETWEEN HARRISON AVE. AND THE FIRST NORTH/SOUTH ALLEY EAST OF HARRISON AVE. This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9106 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LINCOLNWAY WEST BETWEEN COTTAGE GROVE AVE. AND THE FIRST NORTH/SOUTH ALLEY EAST OF COTTAGE GROVE AVE., THE FIRST EAST/WEST ALLEY SOUTH OF LINDSEY BETWEEN THE FIRST NORTH/SOUTH ALLEY WEST OF SCOTT ST. AND SCOTT ST., THE REGULAR MEETING APRIL 10, 2000 FIRST AND THIRD EAST/WEST ALLEYS SOUTH OF LINDSEY ST. BETWEEN SCOTT ST. AND THE FIRST NORTH/SOUTH ALLEY EAST OF SCOTT ST., AND THE FIRST EAST/WEST ALLEY SOUTH OF LINDSEY ST. BETWEEN LELAND AVE. AND THE FIRST NORTH/SOUTH ALLEY EAST OF LELAND AVE. This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS: RESOLUTION NO. 2$55 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 911 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA 46601 WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at 911 SOUTH MICHIGAN STREET SOUTH BEND, INDIANA 46601 in order to permit COMBINED USE IN "C" COMMERCIAL FOR COMMERCIAL AND RESIDENTIAL SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: The approval will not be injurious to the public health, safety, morals, and general welfare of the community; J 1 1 REGULAR MEETING APRIL 10, 2000 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Ujdak reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Catherine M. Brucker, Assistant Zoning Administrator, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, made the presentation for the Board of Zoning Appeals. Ms. Brucker informed the Council that this is an existing building and allowing it to be occupied with a retail building and residential unit will actually enhance the public health and safety by providing security. Ms. Brucker also noted that inhabiting the building which has sat vacant for numerous years with a retail/residential use will improve the property values to the surrounding neighborhood. Not allowing the use would actually prevent development and improvement of the area. In conclusion, Ms. Brucker noted that the Board of Zoning Appeals, at their meeting held on March 16, 2000, sends this petition to the Council with a favorable recommendation. Mr. Jack S. Hartsell, 61760 66t" Avenue, Hartford, Michigan, made the presentation for this Resolution. Mr. Hartsell indicated that he is one (1) of the owners of the former State Bank building. He stated that it is his belief that living in the building will add more security. The downstairs will be used as an antique business which is open to the public by appointment only. A Public Hearing was held on the Resolution at this time. Mr. J. Edward Talley, Director, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, informed the Council that this is an excellent re -use of a building that has recently been declared an historic landmark and the continued use of this building is saving the history of the community. There was no one else present wishing to speak in favor of this bill and no one was present wishing to speak in opposition to this bill. Therefore, 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 nine (9) ayes. REGULAR MEETING APRIL 10, 2000 RESOLUTION NO. 2856 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4104, 4110, 4116, 4122, 4121 (OR 1511 JODY COURT) AMANDA LANE; 1517,1523,1529,1603 ,1609,1618,1612,1608,1602,1522, 1516, 1510 (OR 4111 AMANDA LANE) JODY COURT; AND 1511 (OR 4103 AMANDA LANE), 1517, 1523 DARDEN ROAD, RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PLACE REALTY, INC. 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 4104, 4110, 4116, 4122, 4121 (or 1511 Jody Court) Amanda Lane; 1517, 1523, 1529, 1603, 1609, 1618, 1612, 1608, 1602, 1522, 1516, 1510 (or 4111 Amanda Lane) Jody Court; and 1511 (or 4103 Amanda Lane), 1517, 1523 Darden Road, South Bend, Indiana, and which are more particularly described as follows: Street Legal Description Key Number 4104 Amanda Lane Lot 1, Darden Crossing 25- 1001 - 000605 4110 Amanda Lane Lot 2, Darden Crossing 25 -1001- 000606 4116 Amanda Lane Lot 3, Darden Crossing 25- 1001 - 000607 4122 Amanda Lane Lot 4, Darden Crossing 25- 1001 - 000608 4121 Amanda Lane Lot 5, Darden Crossing 25- 1001 - 000609 (or 1511 Jody Court) 1517 Jody Court Lot 6, DardenCrossing 25- 1001 - 000610 1523 Jody Court Lot 7, Darden Crossing 25- 1001 - 000611 1529 Jody Court Lot 8, Darden Crossing 25 -1001- 000612 1603 Jody Court Lot 9, Darden Crossing 25- 1001- 000613 1609 Jody Court Lot 10, Darden Crossing 25 -1001- 000614 1618 Jody Court Lot 11, Darden Crossing 25- 1001 - 000615 1612 Jody Court Lot 12, Darden Crossing 25 -1001- 000616 1608 Jody Court Lot 13, Darden Crossing 25- 1001 - 000617 1602 Jody Court Lot 14, Darden Crossing 25- 1001 - 000618 1522 Jody Court Lot 15, Darden Crossing 25- 1001 - 000619 1516 Jody Court Lot 16, Darden Crossing 25- 1001 - 000620 1510 Jody Court Lot 17, Darden Crossing 25- 1001 - 000621 (or 4111 Amanda Lane) 1511 Darden Road Lot 18, Darden Crossing 25 -1001- 000622 (or 4103 Amanda Lane) 1517 Darden Road Lot 19, Darden Crossing 25- 1001 - 000623 1523 Darden Road Lot 20, Darden Crossing 25- 1001 - 000624 as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12,1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. 1 I REGULAR MEETING APRIL 10, 2000 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. 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 REGULAR MEETING APRIL 10, 2000 and Indiana Code 6 -1.1 -12.1 et seg. 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 /Charlotte Pfeifer Member of the Common Council Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, representing Place Realty, Inc., 2133 Foxboro Court, Mishawaka, Indiana., made the presentation for this petition. Mr. Feeney informed the Council that twenty (20) lots will be developed and offered for sale on the property located at the northeast corner of Lilac and Darden Roads. He noted that sewer and water already exist on the site and infrastructure improvements such as streets, sanitary sewers and storm drainage will be provided. The properties will generate $7,300.00 dollars a year in taxes. The property is currently unimproved and generates only One dollar ($1.00) a year in taxes. Mr. Feeney further advised that there has been no activity in this vicinity since the Cross Creek subdivision with the exception of Sandpiper Cove condominiums. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2857 -00 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 237 SADIE STREET 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, INDIANA WHEREAS, a Statement of Benefits and apetition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the - City of South Bend, Indiana, requesting that the area commonly known as 237 Sadie Street, South Bend, Indiana, and which is more particularly described as follows: Lot 67, Lot 68, Arnold's Second Addition to the City of South Bend and which has tax Key Numbers 182023 -0681 and 18- 2023 -0865, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et seg., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et se g., and South Bend Municipal Code Sections 2 -76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies 1 1 1 REGULAR MEETING APRIL 10, 2000 as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality 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. REGULAR MEETING APRIL 10, 2000 SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably e.pec'ted to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. John Butkovich, Executive Director, Habitat for Humanity, 402 East South Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Butkovich stated that Habitat for Humanity will build a single family residence at this address and intends to building four (4) more houses within the next year or so. 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 King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2858 -00 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 3231 GERTRUDE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR C & C SALVAGE, INC. 1 C 1 REGULAR MEETING . APRIL 10, 2000 WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3231 Gertrude Street, South Bend, Indiana, and which is more particularly described as follows: 16.5 Acres Beg. 589.74'N. SE Cor. SE Sec, 22 -37 E and 19.8 Acres Beg. 849.2'W. SE Cor. Sec. 22 -37 -2E and 4.458 Acres Beg. 1435.86 Ft. N. SE Cor. SE Sec. 22 -37 -2E and which has Key Numbers 18- 8155 -5598; 18- 8155 -5597; 18- 8155 -5601, 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 seg., 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 se g., 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 pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et. sea., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated REGULAR MEETING APRIL 10, 2000 as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councihnember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Mike Wojtysiak, CPA, Norwe`st Bank Building, 112 West Jefferson Boulevard, Suite 601, South Bend, Indiana, made the presentation for this tax abatement on behalf of the petitioner. Mr. Wojtysiak informed the Council that C & C Salvage, Inc. is an existing business located in Knox, Indiana and they have purchased the above referenced property with the intent of moving their salvage business. They will be making a significant investment by purchasing additional recycling machinery and a shear bailer for an investment of between three hundred seventy -five thousand dollars ($375,000.00) and five hundred thousand dollars ($500,000.00). Along with the move they will be moving ten (10) full and part-time jobs from Knox and it is anticipated that they will add an additional five (5) jobs within the first year. A Public Hearing was held on the Resolution at this time. Mr. Thomas Fellrath, Director, Public Policy, The Chamber of Commerce of St. Joseph County, The Commerce Center, 401 East Colfax Avenue, Suite 310, P.O. Box 1677, South Bend, Indiana, informed the Council that the Chamber is in favor of this tax abatement request. There being no one else present wishing to speak to the Council in favor of this tax abatement and no one being present wishing to speak to the Council in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. N59 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWNAS 3702 WEST PROGRESS DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PARRISH MACHINE, INC. AND ASSOCIATES LEASING, INC. C] 1 1 REGULAR MEETING APRIL 10, 2000 WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3702 West Progress Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the East half of Section Thirty -three (33), Township Thirty -eight (38) North, Range Two (2) East, and part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section Thirty -three (33), Township Thirty -eight (38) North, Range Two (2) East; thence North Zero Degrees, Zero Minutes, Zero Seconds East (N 0 degrees 00'00" E) along the center line of said Section Thirty -three (33) a distance of One Hundred Thirty -five and Eighteen Hundredths (135.18) feet to the South line of Progress Drive, extended West; thence South Eighty -nine Degrees, Forty Minutes, Nine Seconds East (S 89 degrees 40'09" E) along said South line of Progress Drive a distance of Four Hundred Forty and Zero Hundredths (440.00) feet to the point of beginning, said point being the Northeast corner of a tract heretofore conveyed to Canteen Corporation, Inc.; thence South Zero Degrees, Nineteen Minutes, Fifty -one Seconds West (S 0 degrees 19'51" W) a distance of Two Hundred Forty and Zero Hundredths (240.00) feet; thence South Eighty -nine Degrees, Forty Minutes, Nine Seconds East (S 89 degrees 40'09" E) a distance of Four Hundred Twenty -nine and Eighty -seven Hundredths (429.87) feet to a point on the West line of a tract heretofore conveyed to Woodworth Storage and Transfer, Inc.; thence North Zero Degrees, Eighteen Minutes, Fifty -one Seconds East (N 0 degrees 18'51" E) a distance of Two Hundred Forty and Forty-three Hundredths (240.43) feet to the South line of Progress Drive; thence North Eighty -nine Degrees, Forty Minutes, Nine Seconds West (N 89 degrees 40'09" W) a Distance of Four Hundred Thirty and Zero Hundredths (430.00) feet to the point of Beginning. and which has Key Number 18- 2184 - 693809 and 25- 1006 -0299, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et seg., 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 seg., and South Bend Municipal Code Sections 2 -76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et. sea., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; REGULAR MEETING APRIL 10, 2000 b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by'the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common 'Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common C' imcil directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Andrew Spalding, President, Parrish Machine, Inc., 3702 Progress Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Spalding indicated that Parrish Machine, Inc. employs thirty -five (35) employees for an annual payroll of $1.4 million dollars. They design and build special machines, tools and fixtures and do high - precision, close - tolerance machining of complex piece parts. They have recently been awarded a new contract and this tax abatement is requested for a machine to make those parts. The cost of this machine is three hundred twenty -four thousand dollars ($324,000.00). It is estimated that the project will create three (3) new permanent positions 'representing a new annual payroll of one REGULAR MEETING APRIL 10, 2000 hundred thousand dollars ($100,000.00) a year and will maintain the thirty -five (35) existing jobs representing an annual payroll of one million four hundred thousand dollars ($1,400,000.00). A Public Hearing was held on the Resolution at this time. Mr. Thomas Fellrath, Director, Public Policy, The Chamber of Commerce of St. Joseph County, The Commerce Center, 401 East Colfax Avenue, Suite 310, P.O. Box 1677, South Bend, Indiana, addressed the Council and indicated that the Chamber is in favor of this tax abatement request. There being no one else present wishing to speak to the Council in favor of this tax abatement and no one being present wishing to speak to the Council in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2860 -00 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 2102 WEST WASHINGTON STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR BATTEAST WAREHOUSE PARTNERSHIP 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 2102 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the northeast quarter of Section 10, Township 37 North, Range 2 East, Portage Township, City of South Bend, Indiana, known as lots one (1) through five (5) inclusive, thirty (3 0) through thirty-nine (3 9) inclusive, forty -three (43) and forty -four (44) inclusive and parts of vacated streets and alleys in Arnold's First Addition and which has Key Number 18- 4097 - 361201, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sect., and South Bend Municipal Code Sections 2 -76 et. sea.,and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. sea., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as 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. sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: REGULAR MEETING APRIL 10, 2000 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 of 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 as Sections I through II of the Petitioner for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION 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 six (6) 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 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION 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 /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. William Batteast, 430 East LaSalle, South Bend, Indiana, made the presentation for this Resolution. Mr. Batteast informed the Council that this tax abatement is requested to build a twelve thousand 1 REGULAR MEETING APRIL 10, 2000 eight hundred (12,800) square foot steel warehouse on two (2) acres at 2102 West Washington which is in the West Washington- Chapin Development Area. The cost of this building is estimated at two hundred twenty -five thousand dollars ($225,000.00). Mr. Batteast further informed the Council that Batteast Construction will occupy part of the space in this building. A Public Hearing was held on the Resolution at this time. Mr. Thomas Fellrath, Director, Public Policy, The Chamber of Commerce of St. Joseph County, The Commerce Center, 401 East Colfax Avenue, Suite 310, P.O. Box 1677, South Bend, Indiana, indicated that the Chamber is in favor of this tax abatement request. There being no one else present wishing to speak to the Council in favor of this tax abatement and no one being present wishing to speak to the Council in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 34 -00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS THE EAST HALF OF ECLIPSE PLACE FROM THE SOUTH RIGHT -OF -WAY OF KELLER STREET TO THE SOUTH RIGHT -OF -WAY OF MARQUETTE BOULEVARD, A DISTANCE OF 672.6 FEET AND A WIDTH OF 30 FEET. PART LOCATED IN THE VERNON HEIGHTS ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. THE SECOND STREET TO BE VACATED IS KELLER STREET FROM THE EAST RIGHT - OF -WAY OF ECLIPSE PLACE TO THE WEST RIGHT -OF -WAY OF KALEY STREET FOR A DISTANCE OF 280.5 FEET AND A WIDTH OF 50 FEET. PART LOCATED IN VERNON HEIGHTS ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF KALEY STREET FROM THE NORTH RIGHT - OF -WAY OF KELLER STREET TO THE SOUTH RIGHT -OF- WAY OF MARQUETTE BOULEVARD FOR A DISTANCE OF 622.6 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE VERNON HEIGHTS ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on April 24, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 35 -00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1515 KEMBLE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 36 -00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 231 EAST IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING APRIL 10, 2000 This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 37-00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN PENN TOWNSHIP CONTIGUOUS THEREWITH; VOCO, INC. PETITION Councilmember Coleman made a motion to accept the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SUBSTITUTE BILL NO. 37-00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN PENN TOWNSHIP CONTIGUOUS THEREWITH; (VOCO, INC.) NORTHEAST CORNER OF IRELAND ROAD & IRONWOOD ROAD, SOUTH BEND, INDIANA 46614 Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on June 26, 2000 and Third Reading on August 14, 2000. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 38 -00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR. PROPERTY LOCATED ON THE NORTHEAST CORNER OF IRONWOOD ROAD AND IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski made a motion to strike this bill at the request of the petitioner. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 39 -00 FIRST READING ON A BILL TO VACA'T'E THE FOLLOWING DESCRIBED PROPERTY: PART OF THE FIRST EAST /WEST ALLEY NORTH OF COLFAX AVENUE, FROM THE WEST RIGHT -OF -WAY OF THE FIRST NORTH/SOUTH ALLEY WEST OF WILLIAM STREET TO THE WEST RIGHT -OF -WAY OF WILLIAM STREET, A DISTANCE OF APPROXIMATELY 395 FEET AND A WIDTH OF 14 FEET, LOCATED IN THE MILLER'S SUBDIVISION OF BANK OUTLOTS 8 & 9 IN SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on April 24, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. 1 1 1 REGULAR MEETING APRIL 10, 2000 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 speak to the Council at this time. ADJOURNMENT There being no further business to come before the Council, Councilmember White made a motion to adjourn. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes and the meeting was adjourned at 8:12 p.m. ATTEST: - / - - z_z/' oretta J. a, C' Clerk ATTEST: Charlotte Pfeifer, President