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HomeMy WebLinkAbout06-26-00 Council Meeting MinutesREGULAR MEETING JUNE 26, 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, June 26, 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 1St District Vice - President 2nd District President P 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 June 12, 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 June 12, 2000 meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 2888-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING DR. VIRGINIA CALVIN, SOUTH BEND COMMUNITY SCHOOL CORPORATION SUPERINTENDENT WHEREAS, the Common Council of the City of South Bend, Indiana, notes that for the past seven (7) years, Dr. Virginia Calvin has served with distinction as the South Bend Community School Corporation Superintendent; and WHEREAS, Dr. Calvin's motto that "educating children is everyone's responsibility" is a theme which she continually emphasizes to parents, our community and educators; and WHEREAS, Dr. Calvin has aggressively pursued the goals which she established for the betterment of the entire South Bend Community School Corporation; and WHEREAS, as a result of Dr. Calvin's wisdom and tenacity, the South Bend public school system has placed in motion the necessary steps to establish a solid financial foundation; has implemented a pro- active building, maintenance, and renovation program; and has incorporated progressive school safety programs for the protection of our students and educators; and REGULAR MEETING JUNE 26, 2000 WHEREAS, some of the many accomplishments during Dr. Calvin's superintendency include: implementing a JROTC program at the high school level, creating an alternative school at Hamilton, incorporating social workers at the secondary and elementary levels; and emphasizing and establishing new and innovative community partnerships and outreach programs throughout the city. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana, hereby publicly commends and honors Dr. Virginia Calvin for her seven (7) years of dedicated service as the South Bend Community School Corporation Superintendent. Section II. In recognition of the many contributions made to our community by Dr. Virginia Calvin, the Common Council of the City of South Bend, Indiana, hereby declares the week of June 26, 2000, as "Dr. Virginia Calvin Appreciation Week." Section III. The Common Council wishes Dr. Calvin and her entire family a life filled with positive challenges and opportunities, and hopes that she will remain an active and vital voice in our community for years to come. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Charlotte Pfeifer, Second District s/Roland Kelly, Third District s/Karl King, Fourth District s/David A. Varner, Fifth District s /Andrew Ujdak, Sixth District s /Sean Coleman, At Large s /Al `Buddy" Kirsits, At Large s/Karen L. White, At Large ATTEST: s/Loretta J. Duda, City Clerk s/Kathleen Cekanski - Farrand, Council Attorney s /Stephen J. Luecke, Mayor Councilmember White made the presentation for this Resolution. Councilmember White read the Resolution in its entirety and presented it to Dr. Virginia Calvin along with her thanks and best wishes for the future. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmembers Kelly, Aranowski, King, Varner, Ujdak, Coleman, Kirsits and Pfeifer each addressed Dr. Calvin and thanked her for her years of service to the community. Dr. Calvin thanked the members of the Council for this Resolution. Councilmember King made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried by acclamation. REGULAR MEETING RESOLUTION NO. 2889-00 JUNE 26, 2000 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING ANN E. KOLATA, DEPUTY EXECUTIVE DIRECTOR OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT WHEREAS, the Common Council of the City of South Bend, Indiana, notes that in 1979, Ann E. Kolata was named Deputy Director of the Redevelopment Department; and WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that since January of 1989, Ann E. Kolata has been the Redevelopment Director; and WHEREAS, through the guidance and leadership of Ann E. Kolata, development has prospered resulting in new businesses being attracted to the City of South Bend which have created a multitude of employment opportunities; and WHEREAS, some of the many projects during Ann's tenure include: the 1St Bank - Marriott Hotel project in the downtown, Stanley Coveleski Stadium, the East Bank, Monroe Park, renovation of the Morris Performing Arts Center, and the Blackthorn development; and WHEREAS, since 1985 Ann has become the expert on tax incremental financing throughout the state of Indiana and has effectively used it as a redevelopment tool. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana, hereby publicly commends and congratulates Ann E. Kolata for her many years of dedicated public service to the City of South Bend, Indiana. Section II. The Council notes with pride that thanks to the pioneering efforts of Ann E. Kolata a/k/a "Ms. TIF ", a multitude of prof ects have been realized throughout our community which have provided a new, exciting and ever - changing city landscape. Section III. The Common Council wishes Ann and her husband Jim, the very best and hopes that they both will continue to have a strong commitment and positive influence on our community. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Charlotte Pfeifer, Second District s/Roland Kelly, Third District s/Karl King, Fourth District s/David A. Varner, Fifth District s /Andrew Ujdak, Sixth District s /Sean Coleman, At Large s /Al `Buddy" Kirsits, At Large s/Karen L. White, At Large ATTEST: s/Loretta J. Duda, City Clerk s/Kathleen Cekanski- Farrand, Council Attorney s /Stephen J. Luecke, Mayor Councilmember Kelly made the presentation for this Resolution by reading it in its entirety and REGULAR MEETING JUNE 26, 2000 presenting it to Ms. Kolata who was present with her family. A Public Hearing was held on the Resolution at this time. Mr. Robert Hunt, 2804 South Twyckenham Drive, South Bend, Indiana, President, Redevelopment Commission, spoke in favor of this Resolution. Mr. Hunt informed the Council that he gives this Resolution his enthusiastic support and he thanked Ms. Kolata for all her hard work through the years. There was no one else present wishing to speak in favor of this Resolution and there was no one present wishing to speak in opposition to this Resolution. Councilmembers Coleman, Aranowski, Ujdak and Pfeifer indicated their thanks to Ms. Kolata for her service to the City. Councilmember Kelly made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried by acclamation. Ms. Kolata thanked members of the Council for the presentation of this Resolution. RESOLUTION NO. 2890 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING DENISE SANFORD FOR HER MORE THAN TWENTY (20) YEARS OF SERVICE TO THE CITY WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that since August of 1986, Denise S. Sanford has managed the Mayor's Office and has provided invaluable assistance to Mayors Roger O. Parent, Joseph E. Kernan and Stephen J. Luecke; and WHEREAS, prior to becoming the "Real Mayor" of the City of South Bend, Indiana, Denise served as the Office Manager of the Economic Development Department from 1982 to 1986, and was the City Controller's Secretary from 1980 to 1982; and WHEREAS, the Common Council wishes to honor this very talented and special individual, Denise S. Sanford, who has effectively scheduled meetings, public appearances, receptions, and speaking engagements; who has prepared countless letters of correspondence, commendations, staff reports, inter - office memorandums, and proclamations; has spent countless hours each year assisting in the preparation of the Mayor's State of the City address, who has coordinated Mayoral news conferences; who has supervised the day -to -day activities of the Mayor's Office from the 14th Floor of the County -City Building; and who has carried out "all of the other duties as assigned" with charm and class; and WHEREAS, some of the less publicly known titles held by Denise for the past fourteen (14) years in the Mayor's Office have included being the "Official Plant Waterer ", Official Water Cooler Biller ", "Coffee & Creamer Biller ", "Money Collector for Special Occasions ", "Birthday Party Arranger ", "Mayoral Office Interior Decorator ", "Official Media Schmoozer ", "Official Flower Orderer for Special Occasions ", "Creative Voice Mail Creator ", and last but not least the "Mouse Clicker Extraordinaire" for the power point presentations during the Mayor's annual State of the City address. NOW, THEREFORE, BE IT RESOLVE BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana, hereby publicly commends Denise S. Sanford for her many, many talents and years of coordinating countless Mayoral schedules and activities; and more importantly for being that warm, kind and friendly REGULAR MEETING JUNE 26, 2000 person who always greeted you with a smile each and every time you entered the Mayor's Office, regardless of how hectic things were all about the office. Section II. The Council, the City Clerk's Office and the Council Attorney all wish you and your daughter Molly, the very best of life, and sincerely hope that your new career in the Dean of Law's Office at the University of Notre Dame Du Lac will be rewarding and challenging in the years ahead. 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 /James Aranowski, First District s /Charlotte Pfeifer, Second District s/Roland Kelly, Third District s/Karl King, Fourth District s/David A. Varner, Fifth District s /Andrew Ujdak, Sixth District s /Sean Coleman, At Large s /Al `Buddy" Kirsits, At Large s/Karen L. White, At Large ATTEST: s /Loretta J. Duda, City Clerk s/Kathleen Cekanski- Farrand, Council Attorney s /Stephen J. Luecke, Mayor Councilmember Aranowski made the presentation for this Resolution. Councilmember Aranowski read the Resolution in its entirety and presented it to Ms. Sanford along with his best wishes. A Public Hearing was held on the Resolution at this time. Council Attorney Kathleen Cekanski- Farrand thanked Denise for all her assistance through the years and wished her well in her new position. There was no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmembers Kelly, King, Ujdak, Coleman, Kirsits and Pfeifer thanked Ms. Sanford for her years of service to the City and wished her the best of luck. Councilmember King made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried by acclamation. Ms. Sanford thanked the Council for this Resolution. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:30 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 nine (9) ayes. Chairman Ujdak presiding. BILL NO. 37 -00 PUBLIC HEARING 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 REGULAR MEETING JUNE 26, 2000 PENN TOWNSHIP CONTIGUOUS THEREWITH; (VOCO, INC.) (NORTHEAST CORNER OF IRELAND ROAD & IRONWOOD ROAD, SOUTH BEND, INDIANA 46614) Councilmember Coleman made a motion that this bill be continued until the July 24, 2000 meeting of the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 27-00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE LOCATED AT 501 WEST COLFAX, COMMONLY KNOWN AS THE REMEDY BUILDING, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion that this bill be continued indefinitely. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 49 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8889 -98 ADDRESSING TECHNICAL CHANGES TO THE DETECTIVE CLASSIFICATION PAY Council Member Aranowski reported that the Personnel & Finance Committee and the Health and Public. Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Council President Pfeifer made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Police Chief Larry E. Bennett, South Bend Police Department, 701 West Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Bennett informed the Council that this bill corrects a problem that has existed within the Investigative Division ofthe Police Department which affects fifty -eight (58) individuals. He noted that in 1998 a tier system was implemented with five (5) different pay levels within the department. In order to try to eliminate this problem, which it was felt was flawed and unfair, this bill was prepared. The Investigative Division is the only division that has to test to get a pay raise. This bill will -bring down the classifications to three (3) positions and then to two (2) and will correct the existing problems which include morale. Chief Bennett further noted that any increase can be absorbed by the budget of the department. 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 for favorable recommendation to full Council concerning this bill, as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 48-00 PUBLIC HEARING ON A BILL TRANSFERRING $60,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REGULAR MEETING JUNE 26, 2000 Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends it to the Council favorably. Ms. Beth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard stated that this bill transfers sixty thousand dollars ($60,000.00) of unused money from projects that are completed to the South Bend Heritage Foundation as the City has asked for their assistance with several downtown projects. 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, Councihnember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councihnember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: Loretta f. u a, Clity Clerk 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 7:40 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9116 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (STASZEWSKI ANNEXATION) AND CHANGING ZONING DESIGNATION This bill had third reading. Councihnember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9117 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8889 -98 ADDRESSING TECHNICAL CHANGES TO THEDETECTIVE CLASSIFICATION PAY REGULAR MEETING JUNE 26, 2000 Councilmember Coleman made motion to hear the substitute version of this bill. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. This bill had third reading. Councilmember Aranowski 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. 9118 -00 AN ORDINANCE TRANSFERRING $60,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS: RESOLUTION NO. 2891 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN WARREN AND GERMAN TOWNSHIPS (JAMES AND BARBARA KIDDER ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance and a petition by more than 51 % of the property owners which proposes the annexation of the real estate located in Warren and German Townships, St. Joseph County, Indiana, more particularly described in Section I of this Resolution, which Ordinance also proposes a change in zoning from "R" Residential, to "IP" Industrial Park, contingent upon the owners' submission of a final site plan within one (1) year of annexation; and WHEREAS, the territory proposed to be annexed encompasses approximately 108.74 acres of vacant, undeveloped land having general boundaries on the southeast corner of Olive Road and Indiana Toll Road, which is more than 12.5% contiguous to the current City limits, i.e. approximately 27% contiguity. The development of the territory proposed to be annexed will require a basic level of municipal public services, including police and fire protection, street and road maintenance, sewage collection, solid waste and yard pickup as well as recycling services, and services of a capital improvement nature, including construction of streets and roads, a sewer collection system, a water distribution system, and a street lighting system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including a sewer collection system, a water distribution system, and a street lighting system; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of 1 1 1 REGULAR MEETING JUNE 26, 2000 other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in Warren and German Townships, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: That Part of the Northeast and Southeast Quarters of Section 24, Township 38 North, Range 1 East, Warren Township, and the Northwest Quarter of Section 19, Township 38 North, Range 2 East, German Township all in St. Joseph County, Indiana, which is described as: Beginning at the East Quarter Post of said Section 24; thence N. 00- 20'-57" E., 70.27 Ft. more or less along the North and South Quarter Line of said Section 24 and the West Line of Lot #3 of the Plat of "Kidder's Olive Road Minor Subdivision" as recorded by Document No. 9818752 in the Records of the St. Joseph County, Indiana, Recorder's Office to the southerly right -of -way line of the Indiana East -West Toll Road; thence N. 89- 47' -29" E. along the southerly line of said Toll Road and its easterly extension, 1119.37 Ft. to the east line of Olive Road; thence N. 00- 52' -04" W. (Assumed Bearing), 300.00 Ft. more or less to the intersection of said east line with the northerly Line of said Toll Road; thence S. 89- 20' -23" W. along said northerly line, 3795.28 Ft. more or less to the intersection of said northerly line with the North and South Quarter Line of said Section 24; thence S. 00- 08' -51" W., 1603.00 Ft. more or less; thence S. 89- 19'-02" E., 2471.39 Ft. more or less; thence S. 00- 40' -58" W., 535.40 Ft. more or less; thence N. 89- 42' -48" E., 208.02 Ft. more or less to the West Line of said Lot #3; thence along the West Line of said Lot #3, N. 00- 11' -18" E., 1765.66 Ft. more or less to the point of beginning. Containing 108.74 Acres More or Less. Subject to all legal highways, easements and restrictions of record. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as street and road maintenance, police and fire protection, street sweeping, flushing, and snow removal, sewage collection, solid waste and yard pick -up as well as recycling services, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as a sewer collection system, a water distribution system (existing water main), street and road construction, and a street lighting system, within four (4) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The South Bend Common Council for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Exhibit "A ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. REGULAR MEETING JUNE 26, 2000 Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, South Bend Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, 205 West Jefferson Boulevard, Suite 416, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi informed the Council that this annexation is voluntary and consists of one hundred eight (108) acres of which twenty -six (26) is right -of -way for the east/west Toll Road which the City is required to annex as part of this acquisition. The balance of the land is part of a large farm with no population and no buildings. In regards to the fiscal responsibility of the City, sewer and water exist on Olive and Cleveland Roads, streets already exist with a new street planned. Beat #22 of the Police Department will provide services, Fire Station #11, with stations #7 and #4 as backups, will provide services and the Department of Code Enforcement will add this area to their Territory 1. Mr. Magliozzi noted that approximately four hundred thousand dollars ($400,000.00) will be expended in this Blackthorn area from a state grant, tax incremental financing funds and water and sewage works funds. 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. BILL NO. 00-64 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2000 There was no one present to make the presentation concerning this Resolution. Therefore, Councilmember White made a motion to continue this Resolution until the July 10, 2000 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski- Farrand asked that the City Clerk's office send a letter to Ms. Kathleen Davis of the Department of Code Enforcement regarding her attendance to make the presentation at the July 10`h meeting. RES OLUTION NO. 2892 -00 ARESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3851 OLIVE ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR JVE INVESTMENT LLC (THE TIRE RACK, 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 1 REGULAR MEETING JUNE 26.2000 WHEREAS, a Declaratory Resolution designated the area commonly known as 3851 Olive Road, South Bend, Indiana, and which is more particularly described as follows: WEST SIDE SOUTHWEST 1/4 65.40 ACRES AND SOUTHWEST NORTHWEST 1/4 SOUTH OF TOLL ROAD 1.5 ACRES MORE OR LESS SECTION 19 38 2 EAST And which has Key Number 251011 -0186, as an Economic Revitalization Area; and WHEREAS, notice ofthe 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 Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Dean Uminski, Crowe, Chizek and Company, 330 East Jefferson Boulevard, South Bend, Indiana, made the presentation for this tax abatement. Mr. Uminski indicated that this project involves the building and expansion of The Tire Rack. A new four hundred forty thousand (440,000) square foot building will be used as the new corporate headquarters and as a distribution facility. One hundred and ninety -one (191) jobs will remain with an additional fourteen (14) new jobs being added over the next three (3) years. 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 Ujdak 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 nine (9) ayes. RESOLUTIONNO. 2893 -00 ARESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3333 WEST LATHROP DRIVE, REGULAR MEETING JUNE 2-, 2000 SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TOTAL ENTERPRISES, LTD. 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 3333 West Lathrop Drive, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: A tract of land in the Southeast Quarter of Section Twenty -eight (28), Township Thirty-Eight (38) North, Range Two (2) East, German Township, St. Joseph County, Indiana, described as follows: Commencing at the Southeast corner of said Section Twenty -eight (28); thence South 90 degrees 00 minutes 00 seconds West on and along the South line of said Section Twenty -Eight (28), said line being also the center line of Lathrop Street (formerly Douglas Road) a distance of 990.00 feet; thence North 0 degrees 10 minutes 55 seconds East a distance of 20.00 feet to the North line of Lathrop Street (formerly Douglas Road) and the true place of beginning; thence continuing on a bearing of North 0 degrees 10 minutes 55 seconds East a distance of 620 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 447.97 feet; thence South 00 degrees 00 minutes 00 seconds West a distance of 620 feet to the North line of Lathrop Street (formerly Douglas Road); thence South 90 degrees 00 minutes 00 seconds West on and along the North line of said Lathrop Street (formerly Douglas Road) a distance of 449.94 feet to the place of beginning, EXCEPTING THEREFROM a tract of land in the Southeast Quarter of Section Twenty -eight (28), Township Thirty -eight (38) North, Range Two (2) East, German Township, St. Joseph County, Indiana, described as follows: Beginning at the Southeast corner of said Section Twenty -eight (28); thence Westerly on and along the South line of said Section Twenty -eight (28); said line also being the center line of Lathrop Street, a distance of 540.00 feet; thence North 00 degrees 00 minutes 00 seconds East a distance of 20.00 feet to the true place of beginning, said point also being on the existing North right -of -way of Lathrop Street; thence South 90 degrees 00 minutes 00 seconds West a distance of 449.94 feet; thence North 00 degrees 10 minutes 55 seconds East a distance of 20.00 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 449.88 feet; thence South 00 degrees 00 minutes 00 seconds West a distance of 20.00 feet to the place of beginning. Subject to legal highways. PARCEL II: A part of the Southeast Quarter of Section Twenty -eight (28), Township Thirty-eight (38) North, Range Two (2) East, German Township, St. Joseph County, Indiana, described as follows: Commencing at the Southeast corner of said Section; thence North 90 REGULAR MEETING JUNE 26, 2000 degrees 00 minutes 00 seconds West 540.00 feet along the South line of said Section; thence North 0 degrees 00 minutes 00 seconds West 640.00 feet to the point of beginning of this description; thence South 90 degrees 00 minutes 00 seconds West 447.97 feet; thence North 0 degrees 10 minutes 55 seconds East 151.26 feet; thence Southeasterly 34.57 feet along an arc to the left having a radius of 480.0 feet and subtended by a long chord having a bearing of South 87 degrees 58 minutes 20 seconds East and a length of 34.56 feet; thence South 90 degrees 00 minutes 00 seconds East 412.96 feet; thence South 0 degrees 00 minutes 00 seconds West 150.03 feet to the point of beginning. Subject to legal highways. PARCEL III: A part of the Southeast Quarter of Section Twenty -eight (28), Township Thirty-eight (38) North, Range Two (2) East, St. Joseph County, Indiana, described as follows: Commencing at the Southeast corner of said Section; thence North 90 degrees 00 minutes 00 seconds West 540.00 feet along the South line of said Section; thence North 00 degrees 00 minutes 00 seconds West 40.00 feet to the point of beginning of this description; thence North 00 degrees 00 minutes 00 seconds West 750.03 feet; thence North 90 degrees 00 minutes 00 seconds East 44.05 feet; thence Easterly 25.96 feet along an arc to the right having a radius of 506.47 feet and subtended by a long chord having a bearing of South 88 degrees 31 minutes 54 seconds East and a length of 25.96 feet; thence South 00 degrees 00 minutes 00 seconds West 749.36 feet; thence North 90 degrees 00 minutes 00 seconds West 70.00 feet to the point of beginning. Subject to legal highways. and which has Key Number 25- 1010 -0409, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. REGULAR MEETING JUNE 26.2000 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 /Charlotte Pfeifer Member of the Common Council Mr. Richard Deahl, Barnes & Thornburg, 600 1St Source Center, 100 North Michigan Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Deahl requested that the Council approve this five (5) year personal property tax abatement. With this abatement Total Enterprises will invest four hundred fifty thousand dollars ($450,000.00) to five hundred fifty thousand dollars ($550,000.00) in new engineering machinery, pattern shop and foundry equipment. It is estimated that fourteen (14) new full -time jobs will be created representing an annual payroll of four hundred fifty thousand dollars ($450,000.00) to five hundred fifty thousand dollars ($550,000.00). Mr. Jack Long, President of Total Enterprises, was also present to answer any questions. 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 King 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 nine (9) ayes. RESOLUTION NO. 2894 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 213, 221, AND 229 SADIE STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY, IN 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 213, 221, and 229 Sadie Street, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 213 Sadie Street Lot D, Arnold's Second Addition to South Bend, 18- 2023 -0695 First Replat 221 Sadie Street Lot C, Arnold's Second Addition to South Bend, 18- 2023 -0691 First Replat 229 Sadie Street Lot B, Arnold's Second Addition to South Bend, 18- 2023 -0687 First Replat 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 17 1 1 REGULAR MEETING JUNE 26, 2000 WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. REGULAR MEETING JUNE 26, 2000 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 se g. 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. John Butkovich, 402 East South Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Butkovich advised that this tax abatement allows Habitat to build three (3) houses on Sadie Street. It is anticipated that this will channel more money to build more houses. They will build their fifth (50`'') house this summer. 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 White 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. 2895 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 WEST TUCKER DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (l 0) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., INC., NATHAN LERMAN TRUST AND A & F REALTY CO. 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 West Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana: A part of the South V2 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 1 1 REGULAR MEETING JUNE 26.2000 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.'s 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 ( %2) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty-seven (3 7) North, Range Two (2) East, now within and apart 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 Norther 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 apoint 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 REGULAR MEETING JUNE 26, 2000 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 Iowa Railway Company by Warranty Joseph B. Arnold, to the Indiana Illinois, and 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 Indianallorthem REGULAR MEETING JUNE 26.2000 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 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 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 have Key Numbers 18- 8075 -2838, 18- 8075 -2839, 18- 8075- 284406, 18- 8075 -2843, 18- 8075- 284403, 18- 8075- 284404, 18- 8075- 284502, 18- 8075- 284501, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council ofthe City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years REGULAR MEETING JUNE 26, 2000 from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Gerald Lerman, President, Steel Warehouse, 1121 East Woodside, South Bend, Indiana, made the presentation for this Resolution. Mr. Lerman indicated that Steel Warehouse intends to expand their physical facility by sixty thousand (60,000) to one hundred thousand (100,000) square feet to support the production they now have and for the purchase of new equipment. The cost of the equipment will be between $2.5 and $3 million dollars. Further, Mr. Lerman indicated that this project will add fifteen (15) new jobs. 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 Aranowski 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 nine (9) ayes. RESOLUTION NO. 2896 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 WEST TUCKER DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2722 West Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana: A part of the South %2 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 1 I REGULAR MEETING JUNE 26, 2000 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.'s 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 ( %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 Norther 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 REGULAR MEETING JUNE 26, 2000 (15), Township Thirty-seven (3 7) North, Range Two (2) East, now within and apart 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 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 Indianallorthem 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 J 1 1 REGULAR MEETING JUNE 26.2000 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 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 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 have Key Numbers 18- 8075 - 2838,18- 8075 -2839, 18- 8075 -2843, 18- 8075- 284403, 18- 8075- 284404, 18- 8075- 284406, 18- 8075- 84501, 18- 8075- 284502, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council ofthe City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. REGULAR MEETING JUNE 26, 2000 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 /Charlotte Pfeifer Member of the Common Council Mr. Gerald Lerman, President, Steel Warehouse, 1121 East Woodside, South Bend, Indiana, made the presentation for this Resolution. Mr. Lerman advised that they intend to purchase a rotary sheer that has the ability to cut steel while it is moving. This equipment is unique and will give them the capacity to meet further demands. 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. 2897 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 325 S. WALNUT STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MASTERBILT, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 325 S. Walnut Street, South Bend, Indiana, and which is more particularly described as follows: LOT 41 EX SW PT NE COR LOT 42 KNOBLOCKS SUB BOL 84 N OF RR and which has Key Number 18- 3076 -3060, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years 1 1 L� REGULAR MEETING JUNE 26, 2000 from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Robert Michalak, 19436 Staffordshire, South Bend, Indiana, President, made the presentation for this Resolution. Mr. Michalak noted that Masterbilt is a local machine shop having been in business for forty (40) years. They produce parts that support the aerospace industry with Honeywell being their largest customer. They plan to purchase a CNC drill at a cost of one hundred fifty thousand dollars ($150,000.00) in order to remain competitive and keep the quality standard they have now. 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 Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2898 -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 113, 115, 138 BROADWAY AND 710 PENNSYLVANIA AVENUE, AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR AMERICAN HOME DREAMS, INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 113,115,138 Broadway and 710 Pennsylvania Avenue, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description 115 Broadway 5FT WEST SIDE LOT 18 AND ALL LOT 17 HANEYS ADDITION 113 Broadway LOT 16 HANEYS ADDITION 138 Broadway LOT 29 EXCEPT 45 FT SOUTH HANEYS ADD 710 Pennsylvania LOT 144 WENGER & KREIGHBAUM REPLAT OF WENGER 6TH ADDITION Key Number 18- 7026 -1034 18- 7026 -1035 18- 7026 -1040 18- 7016 -0625 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 REGULAR MEETING JUNE 2 200 et seg., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et se g., and South Bend Municipal Code Sections 2 -76, et se g., 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 ofthe Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or 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 REGULAR MEETING JUNE 26.2000 be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement ofBenefits 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- l 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. Councilmember Kelly noted that he currently serves on the Board of American Home Dreams but will derive no benefit from this abatement so he will be voting on this Resolution. Mr. Ricardo Milton, Executive Director, American Home Dreams, 316 South Eddy Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Milton asked for the Council's favorable declaration for abatement for these four (4) properties on which he will be building houses. 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 REGULAR MEETING JUNE 26, 2000 Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2899-00 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 3801 CRESCENT CIRCLE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR CRESCENT MICHIANA PROPERTIES, LLC 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 3801 Crescent Circle, South Bend, Indiana, and which is more particularly described as follows: Lot #32 of Blackthorn Corporate Office Park minor subdivision #7 A part of NE 1/4 & SE 1/4 of sec. 19- T38N -R23 & part of NW 1/4 & SW 1/4 of section 20 -T38N- R2E, German Township, City of South Bend, St. Joseph County, Indiana and which has Key Number 25- 1018 -0622, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et. se . 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 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 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. seg., for tax abatement. SECTION II. The Common Council hereby determines and finds 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 of whose employment will be retained by the Petitioner can be reasonably expected 1 1 REGULAR MEETING to result from the proposed redevelopment or rehabilitation; JUNE 26, 2000 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 pursuant to Section 2 -84 of the South Bend Municipal Code finds that ten (10) years is a proper designation in light of the following: 1. The positive impact that establishing a particular new class of Support Office space will have on the future marketing, growth and development of Blackthorn Corporate Park. 2. The retention of jobs in the community and the potential for the creation of new jobs within Blackthorn Corporate Park as a result of this particular development. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) 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 and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. William Panzica, Managing Member, Crescent Michiana Properties, LLC, 422 East Monroe Street, South Bend, Indiana, made the presentation for this tax abatement Resolution. Mr. Panzica stated that a twenty -eight thousand eight hundred (28,800) square foot expansion to their current facility located in the Blackthorn Corporate Office Park is being proposed. This facility houses the Associates AIS Output Management Services Operation which performs credit card processing. They have increased their employees from one hundred (100) to one hundred REGULAR MEETING JUNE 2-, 2000 twenty -five (125) in just one and one -half years and expect to employ over two hundred (200) by the end of this year. 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 White 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. 2900 -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 6661 LONEWOLF COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR DSM HOLDING, LLC (dba DELUXE SHEET METAL) 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 6661 Lonewolf Court, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast & Southeast Quarters of Section 19, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana and which has Key Number 25- 1011 -0610, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., 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. 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 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. seg., for tax abatement. SECTION II. The Common Council hereby determines and finds 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; REGULAR MEETING JUNE 26.2000 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 ten (10) 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 and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Kevin Smith, 506 W. South Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Smith indicated that Deluxe Sheet Metal has outgrown their building and therefore are proposing to construct a forty-seven thousand (47,000) square foot building to continue their expansion. Mr. Smith further indicated that they anticipate hiring an additional thirteen (13) people which would bring their payroll up by six hundred thirty thousand dollars ($630,000.00). 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 REGULAR MEETING JUNE 26, 2000 Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2901 -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 LOT NUMBERS 1 THROUGH 46 ROYAL OAK ESTATES SUBDIVISION AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR D & H HOME BUILDERS, INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as Lots 1 through 46 Royal Oak Estates Subdivision, South Bend, Indiana, and which are more particularly described as follows: Lot# Street Address Legal Description Key Number 1 60269 Buckhom Dr. Lot 1 Royal Oak Estates Major Sub. 01- 1018- 0381.11 2 60281 Buckhorn Dr. Lot 2 Royal Oak Estates Major Sub. 01- 1018 - 0381.12 3 60293 Buckhom Dr. Lot 3 Royal Oak Estates Major Sub. 01 -1018- 0381.13 4 60309 Buckhorn Dr. Lot 4 Royal Oak Estates Major Sub. 01- 1018 - 0381.14 5 19457 Hildebrand St. Lot 5 Royal Oak Estates Major Sub. 01 -1018- 0381.15 6 19447 Hildebrand St. Lot 6 Royal Oak Estates Major Sub. 01- 1018- 0381.16 7 19459 Hildebrand St. Lot 7 Royal Oak Estates Major Sub. 01- 1018- 0381.17 8 19479 Hildebrand St. Lot 8 Royal Oak Estates Major Sub. 01 -1018- 0381.18 9 19480 Hildebrand St. Lot 9 Royal Oak Estates Major Sub. 01 -1018- 0381.19 10 19468 Hildebrand St. Lot 10 Royal Oak Estates Major Sub. 01 -1018- 0381.20 11 19448 Hildebrand St. Lot 11 Royal Oak Estates Major Sub. 01 -1018- 0381.21 12 19428 Hildebrand St. Lot 12 Royal Oak Estates Major Sub. 01 -1018- 0381.22 13 60332 Buckhorn Dr. Lot 13 Royal Oak Estates Major Sub. 01 -1018- 0381.23 14 60320 Buckhorn Dr. Lot 14 Royal Oak Estates Major Sub. 01- 1018- 0381.24 15 60308 Buckhom Dr. Lot 15 Royal Oak Estates Major Sub. 01- 1018 - 0381.25 16 60295 Yellow Wood Dr Lot 16 Royal Oak Estates Major Sub. 01- 1018 - 0381.26 17 60307 Yellow Wood Dr. Lot 17 Royal Oak Estates Major Sub. 01 -1018- 0381.27 18 60319 Yellow Wood Dr. Lot 18 Royal Oak Estates Major Sub. 01- 1018 - 0381.28 19 60331 Yellow Wood Dr. Lot 19 Royal Oak Estates Major Sub. 01- 1018- 0381.29 20 60326 Yellow Wood Dr. Lot 20 Royal Oak Estates Major Sub. 01 -1018- 0381.30 21 60314 Yellow Wood Dr. Lot 21 Royal Oak Estates Major Sub. 01- 1018 - 0381.31 22 60302 Yellow Wood Dr. Lot 22 Royal Oak Estates Major Sub. 01 -1018- 0381.32 23 60290 Yellow Wood Dr. Lot 23 Royal Oak Estates Major Sub. 01- 1018 - 0381.33 24 60317 Boxwood Dr. E. Lot 24 Royal Oak Estates Major Sub. 01- 1018 - 0381.34 25 60339 Boxwood Dr. E. Lot 25 Royal Oak Estates Major Sub. 01- 1018 - 0381.35 26 60351 Boxwood Dr. E. Lot 26 Royal Oak Estates Major Sub. 01- 1018- 0381.36 27 19309 Nutmeg Ct. Lot 27 Royal Oak Estates Major Sub. 01 -1018- 0381.37 28 19321 Nutmeg Ct. Lot 28 Royal Oak Estates Major Sub. 01 -1018- 0381.38 29 19333 Nutmeg Ct. Lot 29 Royal Oak Estates Major Sub. 01 -1018- 0381.39 30 19338 Nutmeg Ct. Lot 30 Royal Oak Estates Major Sub. 01- 1018 - 0381.40 31 19326 Nutmeg Ct. Lot 31 Royal Oak Estates Major Sub. 01 -1018- 0381.41 32 19314 Nutmeg Ct. Lot 32 Royal Oak Estates Major Sub. 01 -1018- 0381.42 33 60380 Boxwood Dr. E. Lot 33 Royal Oak Estates Major Sub. 01- 1018- 0381.43 34 60368 Boxwood Dr. E. Lot 34 Royal Oak Estates Major Sub. 01- 1018 - 0381.44 35 60356 Boxwood Dr. E. Lot 35 Royal Oak Estates Major Sub. 01- 1018 - 0381.45 36 60344 Boxwood Dr. E. Lot 36 Royal Oak Estates Major Sub. 01- 1018 - 0381.46 37 60332 Boxwood Dr. E. Lot 37 Royal Oak Estates Major Sub. 01- 1018 - 0381.47 38 60320 Boxwood Dr. E. Lot 38 Royal Oak Estates Major Sub. 01- 1018 - 0381.48 39 60308 Boxwood Dr. E. Lot 39 Royal Oak Estates Major Sub. 01- 1018 - 0381.49 40 60296 Boxwood Dr. E. Lot 40 Royal Oak Estates Major Sub. 01- 1018 - 0381.50 41 60290 Boxwood Dr. E. Lot 41 Royal Oak Estates Major Sub. 01- 1018 - 0381.51 42 60284 Boxwood Dr. E. Lot 42 Royal Oak Estates Major Sub. 01- 1018 - 0381.52 43 19327 Boxwood Dr. N. Lot 43 Royal Oak Estates Major Sub. 01- 1018 - 0381.53 44 19347 Boxwood Dr. N. Lot 44 Royal Oak Estates Major Sub. 01- 1018 - 0381.54 45 19367 Boxwood Dr. N. Lot 45 Royal Oak Estates Major Sub. 01- 1018- 0381.55 46 60266 Buckhorn Dr. Lot 46 Royal Oak Estates Major Sub. 01- 1018- 0381.56 1 1 1 REGULAR MEETING JUNE 26.2000 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee ofthe Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement addressing Lots 1 through 46 Royal Oak Estates Subdivision and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et. sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. REGULAR MEETING JUNE 26, 2000 B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice 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, approval by the Mayor; and effective upon the completion of the annexation of said real estate into the corporate limits of South Bend, Indiana. 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. Council Attorney Kathleen Cekanski- Farrand advised that two (2) amendments have been proposed as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement addressing Lots 1 through 46 Royal Oak Estates Subdivision and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et. se g., for tax abatement. l L 1 REGULAR MEETING JUNE 26, 2000 SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor; and effective upon the completion of the annexation of said real estate into the corporate limits of South Bend, Indiana. Councilmember Kelly made a motion to accept these amendments as read. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Bill Owen, President, Bosh Design Group, Inc., 113 Lincolnway West, Suite 200, Mishawaka, Indiana, was the presenter for this Resolution. Mr. Owen advised that he had one more item to add to this bill and that is that the building permits to be issued before annexation be considered as retroactive so they can also have the five (5) year abatement from the time of annexation. Council Attorney Kathleen Cekanski- Farrand informed Mr. Owen that that issue would have to be addressed in the confirmatory resolution and not the declaratory resolution which is being considered at this time. The Confirmatory Resolution will be heard at the next meeting of the Council. Mr. Owen indicated that he, as well as the developers, were present to answer any questions the members of the Council might have regarding this abatement. 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 amended. Councilmember Ujdak seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING There were no bills for first reading. UNFINISHED BUSINESS: REPORT FROM AREA PLAN COMMISSION It is noted that the Council is in receipt of a favorable recommendation from the Area Plan Commission of St. Joseph County, based on their Public Hearing held on June 20, 2000, regarding the following proposed ordinance: BILL NO. 40-00 AN ORDINANCE 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 WARREN AND GERMAN TOWNSHIPS CONTIGUOUS THEREWITH; JAMES & BARBARA KIDDER, 25,500 BLOCK OF OLD CLEVELAND ROAD, SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Second Reading and Public Hearing on July 24, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Coleman reminded members of the Council that the Parks and Recreation Committee will meet at 12:30 p.m. on Wednesday, June 28, 2000, at the former O'Brien School to REGULAR MEETING JUNE 26, 2000 begin their tour of the parks. Anyone interested in attending should contact Park Superintendent Phil St. Clair. OLD BUSINESS Council Attorney Kathleen Cekanski- Farrand was asked to send a letter to Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, requesting that he update the Council on the 2000 Census. PRIVILEGE OF THE FLOOR Mr. Jim Frick, 61500 Ireland Road, South Bend, Indiana, informed the Council that there are eighty - seven (87) members of their association supporting a change to the adult business ordinance and asked the Council for an idea of how they are progressing on this issue. Councilmember Ujdak indicated that the Council expects to get an opinion letter from the State Attorney General and will be in a better position in the next few days to provide an update on this issue. Ms. Allison Stanford, 1109 South Logan, South Bend, Indiana, advised the Council that she is concerned with the condition of the houses in the River Park area. She noted that forty per cent (40 %) of the houses are rentals and lack landlord concern. She further noted that the Department of Code Enforcement has files on some of these houses but the owners refuse to comply. She wants the area to be the once desirable neighborhood that it once was. Councilmember Kelly asked if she had specific addresses and whether or not she was involved in the River Park Neighborhood Association. Ms. Stanford noted that her research is on the house next door to hers but she has the intent of going through the neighborhood. Further, she stated that she attended one meeting of the River Park Association. Councilmember Kelly asked Ms. Stanford to provide him with information regarding the locations of the problems. Councilmember White advised that she recently attended a conference in Phoenix that dealt with this issue and she has a packet of information on how Phoenix dealt with the problem. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adj ourned the meeting at 8:20 p.m. ATTEST: Loretta J. u rty Clerk ATTEST: Charlotte Pfeifer, Presi 1 1