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HomeMy WebLinkAbout07-12-99 Council Meeting MinutesREGULAR MEETING JULY 12, 1999 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of the County -City Building on Monday, July 12, 1999, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman John Hosinski Rod Sniadecki Absent: None REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the June 28, 1999 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Sean Coleman s/David Varner Council President Coleman made a motion that the minutes of the June 28, 1999 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried. SPECIAL BUSINESS Council President Coleman reminded the public that the Council is accepting letters of interest from individuals who are interested in serving on the Redevelopment Commission which will have a vacancy as of September 1st and for the Animal Control Commission which will have two (2) vacancies. Letters of interest should be sent to the attention of the Common Council. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:07 p.m. Councilmember Hosinski made a motion to resolve into the Committee of the Whole. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Pfeifer presiding. BILL NO. 42 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF W. WASHINGTON STREET FROM THE WEST RIGHT -OF -WAY OF BIRDSELL STREET TO THE EAST LINE OF THE FIRST NORTH/SOUTH ALLEY WEST OF BIRDSELL STREET FOR A DISTANCE OF APPROXIMATELY 115.5 FEET AND A WIDTH OF 12 FEET. PART LOCATED IN STOVER'S SUB. OF BANK OUTLOT 81, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. REGULAR MEETING JULY 12, 1999 Mr. Philip E. Panzica, 422 East Monroe Street, South Bend, Indiana, made the presentation for this bill on behalf of the Petitioner Rev. Daryl M. Rybicki, Diocese of Ft. Wayne, St. Augustine's Church, 1501 West Washington Street, South Bend, Indiana. Mr. Panzica stated that this alley is currently undeveloped and is used by the church for parking on Sunday. It is proposed that this alley be closed in order to expand the church property. He further noted that the north/south alley will be improved. Father Daryl Rybicki, St. Augustine's Church, 1501 West Washington Street, South Bend, Indiana, informed the Council that with urban development moving toward the church they would like to maintain the positive presence they have enjoyed at this location for the past sixty (60) years. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to address the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion to send this bill to the full Council favorably. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 36 -99 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 501 NORTH OLIVE STREET, IN THE CITY OF SOUTH BEND, INDIANA Council President Coleman made a motion to hear the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "C" Commercial "A" Height and Area to "A" Residential, "A" Height and Area to allow for residential use. Mr. Byorni noted that the property currently contains a commercial building used as a single family home. The total site to be rezoned is five thousand four hundred forty (5,440) square feet. Access to the site is from Olive and Bertrand Streets. Mr. Byorni stated that the Area Plan Commission, based on its Public Hearing held on June 15, 1999, sent this petition to the Council with a favorable recommendation. Mr. Owen Huffer, 501 North Olive Street, South Bend, Indiana, asked the Council to approve this request to rezone this property to residential. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to address the Council either in favor of or in opposition to this bill, Councilmember Hosinski made a motion to send this bill to the full Council favorably. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 37 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NORTHSIDE BOULEVARD AND ST. LOUIS AVENUE FORMERLY 833 NORTHSIDE BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a 3 -0 favorable recommendation. Councilmember Hosinski noted that REGULAR MEETING JULY 12, 1999 he has recused himself from voting on this matter as he has a conflict of interest. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byomi advised that the petitioner is requesting a zone change from "E" Heavy Industrial, `B" Height and Area to `B" Residential, "C" Height and Area to allow for an apartment complex with carports and garages. Mr. Byorni noted that the property currently contains an industrial building. The total site to be rezoned is 2.46 acres with the building occupying thirty -one per cent (31 %) of the site, the parking and drives occupying thirty -one per cent (31 %) of the site and thirty -nine per cent (39 %) of the site remaining as open space. Mr. Byorni further noted that an access easement must be obtained through the property to the east. Based on the Public Hearing held on June 15, 1999, the Area Plan Commission's sent this petition to the Council with a favorable recommendation. Mr. Bernard Feeney, Lang, Feeney & Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of John Freidline, Principle, Indiana Land Trust 5152. Mr. Feeney noted that this area encompasses a portion of the former Sollitt Construction Company which they are asking be rezoned to allow for apartments. The east building will remain and will be rented for office space. The former equipment storage yard and the west building will be replaced with the proposed apartments. The developer is proposing the construction of sixty -six (66) units with carports and garages. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to address the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion to send this bill to the full Council favorably. Council President Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 39 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 511 E. COLFAX, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly made a motion to hear the substitute version of this bill. Council President Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a 3 -1 unfavorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byomi advised that the petitioner is requesting a zone change from "A -3" Mixed Use, "G" Height and Area to "C" Commercial, "G" Height and Area to allow the sale and marketing of retail signage for buildings, property and vehicles. Mr. Byorni noted that the property currently contains a vacant commercial building. Access to the site is from Colfax and Niles Avenues. The total site to be rezoned is 11,426 square feet. Of that, the buildings will occupy forty -six per cent (46 %) of the site and parking and drives will occupy fifty -four per cent (54 %) of the site. Based on the Public Hearing held on June 15, 1999, the Area Plan Commission sent this petition to the Council with an unfavorable recommendation. This site is part of a larger "A -3" zoned area on the East Bank. The mixed use zoning district was designed and implemented to encourage business and residential friendly development around the downtown. Piecemeal commercial zoning within the larger fringe district defeats the purpose of the East Bank area as an entertainment and service commercial area and allows intrusive commercial uses near homes and offices. The petitioner's current business is allowed in "A -3" zoning and the City supports their location at this site. The rezoning, however, is intended to allow an expansion of the business to include services that are not REGULAR MEETING appropriate in a mixed use area. JULY 12, 1999 Mr. Matt Mangold, Coldwell Banker Commercial Anchor Real Estate, 108 North Main Street, Suite 707, South Bend, Indiana, was present on behalf of the petitioners, Morgan & Patricia Ketcham, 17125 Cherokee Drive, South Bend, Indiana, owners of Reddington Signs, 51976 U.S. 33 North, South Bend, Indiana. Mr. Mangold acknowledged that the sign business would be allowed under the current zoning. However, from discussions with the Building Department concerning the operation of this business, because the company does now have outside sales people, he believes that is not now the case. He noted that this particular building on Colfax Avenue has been on the market for a year. He further noted that there are already two (2) non - forming uses in this area. In conclusion, Mr. Mangold stated that he has had a discussion with Mr. Ernie Bryant, adjacent property owner, and he is not in opposition to this rezoning. 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 was no one present wishing to address the Council either in favor of or in opposition to this bill. Councilmember King made a motion to send this bill to the full Council with an unfavorable recommendation. Councilmember Kelly seconded the motion. Councilmember Hosinski noted that in the committee meeting this afternoon he was the one vote in opposition to this petition. He stated that as a neighbor in the area who has made an investment he supports this petition for this use for the now vacant property. Councilmember King noted that he is in opposition to this rezoning based on the wishes of the residents in the area. He noted that the petitioners are aware that the nature of the business will be inconsistent. He further noted that the existing two (2) non - conforming uses have been grand fathered and will not be in the area forever. Councilmember King stated that he believes the City should stick to the Plan for the East Bank area. Councilmember Kelly stated that the proposed rezoning is in opposition to the Plan for the area and he is opposed to the rezoning. Council President Coleman stated that in the past decisions have been made regarding use of the land versus land uses. Once the rezoning is changed, the Council will have no control over subsequent users and therefore he cannot support this rezoning. Councilmember Varner stated that he will support the rezoning and the City would be better off with an operating business instead of a vacant storefront. Councilmember Pfeifer stated that she has seen a hodgepodge of zoning in her neighborhood and she believes we need to give the Plan for the area sufficient time to work out. She noted that the Council has previously allowed mixed uses and now they are sorry. She further noted that she will not support this petition. After a voice call vote, Councilmember Pfeifer determined that the motion carried with a vote of six (6) ayes and three (3) nayes by Councilmembers Varner, Hosinski and Sniadecki. BILL NO. 50 -99 A BILL AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT ULTIMATE FIGHTING IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly made a motion to hear the substitute version of this bill. Council President REGULAR MEETING JULY 12. 1999 Coleman seconded the motion which carried. Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. City Attorney John Broden, 14 'h floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Broden noted that this bill addresses an issue that the City of Mishawaka and St. Joseph County have dealt with concerning a gruesome form of fighting. He noted that this no- holds - barred fighting can cause serious bodily injury and the City wants to prohibit this type of fighting in South Bend. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to address the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion to send this bill to the full Council favorably. Council President Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 51-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OF TAXICAB COMPANIES, VEHICLES AND DRIVERS Councilmember Aranowski made a motion to continue this bill until the July 26, 1999, meeting of the Common Council. Council President Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 30-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 6, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO CHANGE THE REQUIREMENTS OF COMBINED USE BUILDING IN "C" COMMERCIAL DISTRICTS AND TO ALLOW PARKING LOTS AS EXCEPTIONS IN ALL DISTRICTS Council President Coleman made a motion to continue this bill until the August 9, 1999, meeting of the Council. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 45-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING TWO ADDITIONAL FUNDS IN THE SOUTH BEND CENTRAL DEVELOPMENT AREA Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard noted that this bill establishes two (2) separate funds for accounting purposes only to better see the effect of revenue versus expenses for different properties in the downtown area which are the Morris Civic Auditorium, the Wayne Street Parking Garage and the Leighton Plaza. REGULAR MEETING JULY 12, 1999 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to address the Council either in favor of or in opposition to this _ bill, Council President Coleman made a motion to send this bill to the full Council favorably. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 49-99 A BILL APPROPRIATING $80,000 FROM THE URBAN DEVELOPMENT ACTION GRANT FUND FOR THE PURPOSE OF FUNDING PREDEVELOPMENT COSTS Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Elizabeth 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 appropriation would be used for such items as appraisals, title searches and predevelopment work needed for development of sites in the City including the Oliver Plow Works site, Studebaker Corridor and Sample Street Industrial Corridor, Rum Village, Central Business District and the East Bank. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to address the Council either in favor of or in opposition to this bill, Council President Coleman made a motion to send this bill to the full Council favorably. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Council President Coleman made motion to rise and report to the full Council. Councilmember Hosinski seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: J. Loretta . Du , City/Clerk Charlotte Pfeifer, Chairpers on, Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:45 p.m. Council President Sean Coleman presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9012 -99 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF W. WASHINGTON STREET FROM THE WEST RIGHT -OF -WAY OF BIRDSELL STREET TO THE EAST LINE OF THE FIRST NORTH/SOUTH ALLEY REGULAR MEETING JULY 12, 1999 WEST OF BIRDSELL STREET FOR A DISTANCE OF APPROXIMATELY 115.5 FEET AND A WIDTH OF 12 FEET. PART LOCATED IN STOVER'S SUB. OF BANK OUTLOT 81, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried and this bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9013 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 501 NORTH OLIVE STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to consider the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Pfeifer made a motion to pass this bill. Councilmember Hosinski seconded the motion which carried and this bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9014 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NORTHSIDE BOULEVARD AND ST. LOUIS AVENUE FORMERLY 833 NORTHSIDE BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember King seconded the motion which carried and this bill passed by a roll call vote of nine (9) ayes. BILL NO. 39 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 511 E. COLFAX, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to consider the substitute version of this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly made a motion to defeat this substituted bill. Councilmember King seconded the motion which carried and this bill was defeated by a roll call vote of six (6) ayes and three (3) nay votes by Councilmembers Varner, Hosinski and Sniadecki. ORDINANCE NO. 9015 -99 AN ORDINANCE AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT ULTIMATE FIGHTING IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Aranowski made a motion to consider the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Aranowski made a motion to pass this bill. Councilmember Kelly seconded the motion which carried and this bill passed by a roll call vote of nine (9) ayes. REGULAR MEETING JULY 12, 1999 ORDINANCE NO. 9016-99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING TWO ADDITIONAL FUNDS IN THE SOUTH BEND CENTRAL DEVELOPMENT AREA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried and this bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9017-99 AN ORDINANCE APPROPRIATING $80,000 FROM THE URBAN DEVELOPMENT ACTION GRANT FUND FOR THE PURPOSE OF FUNDING PREDEVELOPMENT COSTS This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Kelly seconded the motion which carried and this bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 2757-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING A COMPREHENSIVE REVIEW OF ALL CITY TAKE - HOME VEHICLE POLICIES AND PROCEDURES WHEREAS, the 1998 "Vehicle Inventory" for the City of South Bend specifically lists 385 city -owned or city - leased take -home vehicles, with the 1999 report due to be filed with the City Clerk on or before July 31St by the City Engineer; and WHEREAS, this report confirms that of the 385 City take -home vehicles, 251 are assigned to the Police Department and 134 vehicles are assigned to all other City Departments; and WHEREAS, currently the City of South Bend has three (3) contractual agreements in effect with separate unions with each such contract addressing, among other things, drug -free environments, drug/alcohol testing and joint labor /management committees; and WHEREAS, the Police and Fire Department Duty Manuals are approved by the Board of Public Safety and set forth the day -to -day regulations for each such department. Recently the Board amended § 483.00 of the Police Department Duty Manual addressing the "Take -Home Police Vehicle Program" which among other items permits an off -duty officer to operate a take -home vehicle while having a blood alcohol count below the state law limit; and WHEREAS, § 2 -123 of the South Bend Municipal Code entitled "Regulation of City -Owner Vehicles" initially passed by the Council in 1982 was last amended with the passage of Ord. No. 8855 -87, and is in need of review, updating and appropriate amendments; and WHEREAS, the commitment of public dollars to the various City take -home vehicle programs must be properly weighed and must reflect the economic impact of such programs with the positive impact of having more policy vehicles throughout our neighborhoods, the ability to have other city employees respond more quickly in their city take -home vehicle to emergencies requiring their presence and expertise, as well as to enable such City employees to properly and effectively carry out their duties and responsibilities addressed in their respective job descriptions; WHEREAS, appropriate changes to the regulations addressing city -owned and city- leased vehicles should incorporate the latest research, study and discussions with all entities so that the best interests of the public are balanced with the rights and responsibilities of each and every City REGULAR MEETING JULY 12, 1999 employee assigned a city -owned or city - leased take -home vehicle. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council and the City Administration of the City of South Bend, Indiana, commit to work together to review all city take -home vehicle policies and procedures so that all such policies are fair, responsible, enforceable and in the best interest of the City. Section II. The Health and Public Safety Committee and Personnel and Finance Committees of the South Bend Common Council shall receive information addressing all take -home vehicle programs implemented by the City. Section III. These two (2) Council Committees shall receive no later than September 20, 1999 from each affected City Department relevant information which shall include but not be limited to the following: current take -home vehicle policies; current research addressing the particular policies needing updating, as well as proposed changes which will be sent to the appropriate Boards and Committees for review, recommendation and approval. Section IV. Joint meetings of the Health and Public Safety Committee and the Personnel and Finance Committee shall be held during the month of October, so that a proposed ordinance amending § 2 -123 of the South Bend Municipal Code may be filed for first reading on November 9d', with 2nd and 3rd readings and public hearing to be scheduled for November 22, 1999. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Members of the Common Council s /Andrew Uj dak s/David Varner Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Kelly made a motion to amend the Resolution as follows: Section II. Delete the words "serve as the clearinghouse for" and replace with "receive information addressing." Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes and the amendment was passed. Councilmember Ujdak made the presentation for this Resolution. Councilmember Ujdak stated that as the chairperson of the Health and Public Safety Committee, he along with Councilmember Varner, chairperson of the Public Works and Property Vacation Committee submit for consideration to the Council this Resolution. This Resolution is the result of recent events and a decision by the Board of Public Safety. It was felt that the Council should enter into a joint review with the City administration of City policies concerning take -home cars. Councilmember Ujdak stated that the Resolution notes the different units of government including Police, Fire and Teamsters. He also noted that the Police and Fire Department are guided by Duty Manuals as well. This Resolution commits the Council and the City administration to work together to review all policies in a fair manner. Councilmember Ujdak further noted that the Resolution sets out a time line for review of data and facts in not only the duty manuals, but contract language to make sure all language is in sync and in uniformity with the Municipal Code Section 2 -123. The goal of this action is uniformity in procedure. Councilmember Varner noted that the Board ofPublic Safety has jurisdiction over the duty manuals 1 1 1 REGULAR MEETING JULY 12, 1999 of the Police and Fire Departments and they are not the responsibility of the Council. However, the City does have a fiduciary responsibility when it comes to the welfare of the City including liability and it is well within the bounds of the Council to review and recommend that something may or may not be done or changed. The Council has a responsibility and it must do so in an informed manner. Therefore, it is hoped that some guidelines can be provided. A Public Hearing was held on the Resolution at this time. Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, indicated that he believes it is very important for the Council to review this matter and inquired if this review included all leased vehicles. Mr. Cierzniak was advised that this review did include leased vehicles. There being no one present wishing to speak to the Council in opposition to this Resolution, Councilmember Varner made a motion to adopt the amended version of this Resolution. Councilmember Uj dak seconded the motion which carried and this Resolution was adopted by a roll call vote of nine (9 ayes. RESOLUTION NO. 2758-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1406- 1408 -1410 LINCOLN WAY WEST SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at in order to permit 1406 - 1408 -1410 LINCOLNWAY WEST SOUTH BEND, INDIANA COMBINED USE IN "C" COMMERCIAL SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: The approval will not be injurious to the public health, safety, morals, and general welfare of the community; REGULAR MEETING JULY 12, 1999 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. Ms. Catherine Brucker, Assistant Zoning Administrator, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, informed the Council that based on the Public Hearing held on June 17, 1999, the Board of Zoning Appeals sends this petition to the Council with a favorable recommendation. Ms. Brucker noted that this property is zoned properly for this combined use and allowing the owner to reside on the property with a commercial use will prevent any detriments to the public health, safety, morals, comfort and welfare. Further, this property contains a home at the present time in commercial zoning. The bottom floor will be remodeled to an office keeping the same character of the building. The auto sales lot is a permitted use in this zoning district. Again, this property and surrounding properties are zoned commercial. The home will remain with some remodeling. Having the owners living on the site will allow more security for the area. Mr. Russell Sanford, Attorney at Law, 237 North Michigan Street, South Bend, Indiana, made the presentation for this Resolution on behalf of Ali and Rebecca Al- shawi, 1408 -1410 Lincolnway West, South Bend, Indiana. Mr. Sanford stated that the petitioners wish to open and operate a car lot which is a permitted use in "C" Commercial. They have owned the property for over one and one half (1 %2) years and have improved the property. The house at this address has been used as a duplex. It is proposed that the petitioners will reside on the second floor with the first floor used as the office for the business. They also intend to build a new garage. It is their desire to be able to reside in the same building as they have their business. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REGULAR MEETING JULY 12. 1999 RESOLUTION NO. 2759 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1129 SORIN STREET AND 1130 SORIN STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR NEIGHBORHOOD HOUSING SERVICES OF SOUTH BEND, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1129 Sorin St. and l l30 Sorin St., South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 1130 Sorin Street Lot 8 Park Place 1" Addition 18 -5082 -2858 1129 Sorin Street Lot 49 Park Place 2nd Addition 18 -5084 -2998 as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or REGULAR MEETING JULY 12, 1999 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. 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 q. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Ms. Anne Bockenkamp, Executive Director, Neighborhood Housing Services of South Bend, Inc., 803 North Notre Dame Avenue, South Bend, Indiana, made the presentation for this Resolution. Ms. Bockenkamp informed the Council that NHS would appreciate tax abatement of these two (2) lots located in what they call Perley Park. She noted that home ownership is important and the tax abatement will help accomplish this. A Public Hearing was held on the Resolution at this time. REGULAR MEETING JULY 12, 1999 There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember King made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2760 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1137 S. LAFAYETTE BLVD. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EXACTO, INC. OF SOUTH BEND 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 1137 S. Lafayette Blvd. and which is more particularly described as follows: BEGINNING AT THE SW CORNER OF LOT 7, STULL'S EDITION; THENCE, N ALONG THE E RIGHT -OF -WAY OF AN ALLEY A DISTANCE OF 336.06 FEET + OR - TO A POINT; SAID POINT BEING THE NW CORNER OF THE S %2 OF LOT 64, SOUTH BEND CITY EDITION; THENCE, E ALONG THE NORTHERN BOUNDARY OF SAID %2 OF LOT 64 WHICH IS ON THE WESTERN RIGHT -OF -WAY OF LAFAYETTE BLVD.; THENCE, S A DISTANCE OF 275 FEET + OR - TO THE SE CORNER OF LOT 6, STULL'S SECOND EDITION; THENCE, W A DISTANCE OF 125 FEET TO A POINT; THENCE, S 66 FEET TO A POINT; THENCE, W 40 FEET TO A POINT OF BEGINNING. ALL BEING WITHIN THE CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH, STATE OF INDIANA and which has Key Number 18- 8006 -0288, 18- 8002 -0115, 18- 8006 -0282, 18- 8006 - 028201, 18- 8006 -0285, 18- 8006 - 028501, 18- 8002 -0116, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. REGULAR MEETING JULY 12, 1999 SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Sean Coleman Member of the Common Council Mr. Gunther W. Jordan, 1137 South Lafayette Boulevard, South Bend, Indiana, made the presentation for this Resolution. Mr. Gunther informed the Council that EXACTO, Inc. is a one hundred per cent (100 %) privately owned company that has been in business for thirty (30) years, is located in the Sample -Ewing Development Area and is part of the Urban Enterprise Zone. He noted that Exacto is a precision machine shop that makes parts for diesel engine fuel injector systems, turbo chargers and air compressors for trucks. He further noted that they will be getting a new customer in the near future and need to be able to replace older equipment in order to stay competitive. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2761-99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4245 MEGHAN BEELER COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR ROBERT M. WILCOX 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 4245 Meghan Beeler Court, South Bend, Indiana, and which is more particularly described as follows: THAT PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT 4A AS SHOWN ON THE PLAT OF "WEST CLEVELAND ROAD INDUSTRIAL PARK, SECTION ONE, SECOND REPLAT" AS RECORDED BY DOCUMENT 9848694 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. and which has Key Number 25- 1013 - 020708, as an Economic Revitalization Area 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. REGULAR MEETING JULY 12, 1999 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 three (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Sean Coleman Member of the Common Council Mr. Bob Wilcox, President and CEO, Michiana Micro, Inc., dba Connecting Point, South Bend, Indiana, made the presentation for this Resolution. Mr. Wilcox stated that Connecting Point is in need of a new facility to house employees in this rapidly growing business of systems integration and made to order personal computer manufacturing. He noted that this tax abatement will allow them to hedge out on their investment and take advantage of this growth opportunity. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2762-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 638, 709, 713, 716, 717, 724, 725, AND 728 PENNSYLVANIA AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CITY OF SOUTH BEND BOARD OF PUBLIC WORKS, AND AMERICAN HOME DREAMS, INC. WHEREAS, a Statement ofBenefits and apetition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 638, 709, 713, 716, 717, 724, 725, and 728 Pennsylvania, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Deg_ scription Key Number 638 Pennsylvania Southeast Neighborhood Redevelopment 18- 7016 -0626 Phase One, Section Two Subdivision Lot 33 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision REGULAR MEETING JULY 12, 1999 709 Pennsylvania Southeast Neighborhood Redevelopment, 18- 7020 -0813 Phase One, Section Two Subdivision Lot 22 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision 713 Pennsylvania Southeast Neighborhood Redevelopment, 18- 7020 -0814 Phase One, Section Two Subdivision Lot 23 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision 716 Pennsylvania Southeast Neighborhood Redevelopment 18- 7016 -0623 Phase One, Section Two Subdivision Lot 30 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision 717 Pennsylvania Southeast Neighborhood Redevelopment, 18- 7020 -0815 Phase One, Section Two Subdivision Lot 24 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision 724 Pennsylvania Southeast Neighborhood Redevelopment, 18- 7020 -0820 Phase One, Section Two Subdivision Lot 29 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision 725 Pennsylvania Southeast Neighborhood Redevelopment, 18- 7020 -0816 Phase One, Section Two Subdivision Lot 25 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision 728 Pennsylvania Southeast Neighborhood Redevelopment, 18- 7020 -0817 Phase One, Section Two Subdivision Lot 26 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION H. 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: REGULAR MEETING JULY 12, 1999 i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. 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. REGULAR MEETING JULY 12. 1999 SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Marco J. Mariani, Neighborhood Planner, Planning & Neighborhood Development, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, was present and made the presentation on this Resolution on behalf of the City of South Bend Board of Public Works. Mr. Mariani noted that this tax abatement request is part of the City's continued partnership with American Home Dreams to revitalize the southeast neighborhood and is part of the long range plan for the neighborhood. Mr. Rick Milton, Executive Director, American Home Dreams, 316 South Eddy Street, South Bend, Indiana, advised that in the first phase of the project nine (9) homes were completed. In the second phase of twenty -three (23) homes, nine (9) have been moved in to already, with another eight (8) to be completed in August. The remaining homes will be completed in September. He noted that an additional eighteen (18) units will be transferred to American Home Dreams this month and he has homeowners waiting to move into new homes. He stated that tax abatement has increased single family ownership in this development. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Pfeifer made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2763 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2442 JACLYN COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR JTG DEVELOPMENT INC. 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 2442 Jaclyn Court, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND LOCATED IN THE WEST %2 OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH REGULAR MEETING JULY 12. 1999 BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A PKNAIL MARKING THE NORTHWEST CORNER OF SAID SECTION 22; THENCE NORTH 89 027'04" EAST, ALONG THE NORTH LINE OF SECTION 22, A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 °22'57" EAST, A DISTANCE OF 40.00 FEET TO A CAPPED 5/8" IRON REBAR ON THE EAST LINE OF NEW ENERGY DRIVE (FORMERLY KNOWN AS MAPLE ROAD); THENCE NORTH 89 027'04" EAST, ALONG A LINE 40.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 22, A DISTANCE OF 1247.65 FEET; THENCE SOUTH 00 °11'31" EAST, A DISTANCE OF 366.27 FEET TO THE "POINT OF BEGINNING" OF SAID PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 00 011'31" EAST, A DISTANCE OF 278.88 FEET; THENCE SOUTH 89 °27'02" WEST, A DISTANCE OF 337.65 FEET; THENCE ALONG A CURVE, CONCAVE WESTERLY, WHOSE ELEMENTS ARE: CENTRAL ANGLE OF 34 °22'37 ", RADIUS OF 330.00 FEET, ARC LENGTH OF 198.00 FEET AND A CHORD THAT BEARS NORTH 16 059'47" EAST, 195.04 FEET; THENCE NORTH 000 11'31" WEST, A DISTANCE OF 92.91 FEET; THENCE NORTH 89 °27'02" EAST, A DISTANCE OF 280.01 FEET TO THE "POINT OF BEGINNING ". CONTAINING 1.871 ACRES, MORE OR LESS. and which has Key Number 18- 1013 - 0325.13, 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. sea., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; REGULAR MEETING JULY 12. 1999 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 ofbenefits 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 three (3) years is a proper designation in light of the following: 1. Initial project going into Premier Industrial Park an incentive for others. 2. Established business in same quadrant of City, the company doesn't want to leave the quadrant or City but will if it makes more sense economically. 3. Return on dollars to City will spur further development in area and add more dollars to tax base. 4. Land currently idle providing low to no income to area. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) 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 /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Ms. Patti L. O'Brien, JTG Development/Ideal Interiors, 310 West Ewing, P.O. Box 2498, South Bend, Indiana, made the presentation for this Resolution. Ms. O'Brien stated that Ideal Interiors needs a new building as they have outgrown their current building at 310 West Ewing where they have been for four (4) years. Ideal Interiors is an interior commercial contractor doing primarily walls and ceilings. JTG Development, Inc., is the real estate holding company that will be building them a new building in the commerce park located by the ethanol plant. The new building will have four thousand (4,000) square feet of office space and ten thousand (10,000) square feet of warehouse space which will be their showroom. Ms. O'Brien stated that they acknowledge that this request is a special exception and are requesting tax abatement REGULAR MEETING JULY 12. 1999 to build this new building in the new commerce park of which they will be the first. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Uj dak made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2764-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1808, 1809, 1810, 1812, AND 1813 CHALET COURT, 1808, 1809, 1810, 1812,1813, AND 1814 DUTCH COURT, 1808,1809,18 10, 1812, 1813, AND 1814 ELIZABETHAN COURT AND 1808, 1809, 1810, 1812, 1813, AND 1814 PROVINCIAL COURT AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR F & G DEVELOPMENT CORP. 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 1808, 1809, 1810, 1812, and 1813 Chalet Court, 1808, 1809, 1810, 1812, 1813 and 1814 Dutch Court, 1808, 1809, 1810, 1812, 1813, and 1814 Elizabethan Court and 1808, 1809, 1810, 1812, 1813, and 1814 Provincial Court, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 1808 Chalet Ct. Lot 85 of Southeast Estates Sec.7 23- 1024 - 1298.02 1809 Chalet Ct. Lot 89 of Southeast Estates Sec.7 23- 1024 - 1298.06 1810 Chalet Ct. Lot 86 of Southeast Estates Sec.7 23- 1024 - 1298.03 1812 Chalet Ct. Lot 87 of Southeast Estates Sec.7 23- 1024 - 1298.04 1813 Chalet Ct. Lot 88 of Southeast Estates Sec.7 23- 1024 - 1298.05 1808 Dutch Ct. Lot 93 of Southeast Estates Sec.7 23 -1024- 1298.07 1809 Dutch Ct. Lot 98 of Southeast Estates Sec.7 23 -1024- 1298.12 1810 Dutch Ct. Lot 94 of Southeast Estates Sec.7 23- 1024 - 1298.08 1812 Dutch Ct. Lot 95 of Southeast Estates Sec.7 23- 1024 - 1298.09 1813 Dutch Ct. Lot 97 of Southeast Estates Sec.7 23- 1024 - 1298.11 1814 Dutch Ct. Lot 96 of Southeast Estates Sec.7 23 -1024- 1298.10 1808 Elizabethan Ct. Lot 101 of Southeast Estates Sec.7 23- 1024 - 1298.13 1809 Elizabethan Ct. Lot 106 of Southeast Estates Sec.7 23- 1024 - 1298.18 1810 Elizabethan Ct. Lot 102 of Southeast Estates Sec.7 23- 1024 - 1298.14 1812 Elizabethan Ct. Lot 103 of Southeast Estates Sec.7 23- 1024 - 1298.15 1813 Elizabethan Ct. Lot 105 of Southeast Estates Sec.7 23 -1024- 1298.17 1814 Elizabethan Ct. Lot 104 of Southeast Estates Sec.7 23- 1024 - 1298.16 1808 Provincial Ct. Lot 109 of Southeast Estates Sec. 7 23- 1024 - 1298.19 1809 Provincial Ct. Lot 114 of Southeast Estates Sec. 7 23 -1024- 1298.24 1810 Provincial Ct. Lot 110 of Southeast Estates Sec. 7 23- 1024 - 1298.20 1812 Provincial Ct. Lot 111 of Southeast Estates Sec. 7 23 -1024- 1298.21 1813 Provincial Ct. Lot 113 of Southeast Estates Sec. 7 23- 1024 - 1298.23 1814 Provincial Ct. Lot 112 of Southeast Estates Sec. 7 23- 1024 - 1298.22 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et 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 sea., and has further prepared maps and plats showing REGULAR MEETING JULY 12. 1999 the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et 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 1 i 1 REGULAR MEETING JULY 12, 1999 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 ofthe adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Joe Goossens, President, F & G Development Corporation, 2628 Woodwinds Court, Mishawaka, Indiana, made the presentation for this Resolution. Mr. Goossens urged the Council to support this tax abatement in order to continue the building of the Southeast Estates. This is the last phase of the proj ect and will consist of twenty -three (23) lots. He noted that these houses will maintain the integrity of the neighborhood. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Pfeifer made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REGULAR MEETING JULY 12. 1999 RESOLUTION NO. 2765-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4747 AND 4775 AMERITECH DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR DYNAMIC INDUSTRIES, INC. RESOLUTION NO. 2766-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4747 AND 4775 AMERITECH DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION ON BEHALF OF DYNAMIC R.E.H.C., INC. Councilmember Kelly made a motion that these two (2) Resolutions be combined for purposes of Public Hearing. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 2765 -99 WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 4747 and 4775 Ameritech Drive, South Bend, Indiana, and which is more particularly described as follows: ADDRESS LEGAL DESCRIPTION 4747 Ameritech Dr. LOT 7 OF U.S. 31 INDUSTRIAL PARK SECTION ONE RECORDED AS INSTRUMENT 9743763 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, INDIANA 4775 Ameritech Dr. LOT 8 OF U.S. 31 INDUSTRIAL PARK SECTION TWO RECORDED AS INSTRUMENT 9846535 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, INDIANA KEY NUMBER 25- 1016 - 0600.10 25- 1016 - 0600.11 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 sea., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1 I 1 REGULAR MEETING JULY 12, 1999 SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et. sea., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council RESOLUTION NO. 2766 -99 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 4747 and 4775 Ameritech Drive, South Bend, Indiana, and which is more particularly described as follows: REGULAR MEETING JULY 12, 1999 ADDRESS LEGAL DESCRIPTION KEY NUMBER 4747 Ameritech Dr. LOT 7 OF U.S. 31 INDUSTRIAL 25 -1016- 0600.10 PARK SECTION ONE RECORDED AS INSTRUMENT 9743763 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, INDIANA 4775 Ameritech Dr. LOT 8 OF U.S. 31 INDUSTRIAL 25 -1016- 0600.11 PARK SECTION TWO RECORDED AS INSTRUMENT 9846535 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, INDIANA 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. sea., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in REGULAR MEETING JULY 12, 1999 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 /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. David R. Yarborough, Vice - President, Dynamic Industries, Inc., 3611 Woodburn Avenue, Cincinnati, Ohio, made the presentation for these Resolutions. Mr. Yarborogh stated that Dynamic Industries provides contract machining services for a variety of capital goods industries. They have outgrown their existing facility and propose to build a new fifty thousand (50,000) square foot facility on seven (7) acres in the US31 Industrial Park. They also propose to spend $1.5 million dollars for new equipment that will not fit in the existing building. A Public Hearing was held on the Resolution at this time. There was no one present wishing to address the Council either in favor of or in opposition to this Resolution. Councilmember Hosinski informed members that he will recuse himself from voting on these two (2) Resolutions. Therefore, Councilmember Aranowski made a motion to adopt Resolution No. 2765 -99. Councilmember Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes with Councilmember Hosinski recusing himself. Additionally, Councilmember Aranowski made a motion to adopt Resolution No. 2766 -99. Councilmember Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes with Councilmember Hosinski recusing himself. REGULAR MEETING BILLS - FIRST READING JULY 12, 1999 BILL NO. 52 -99 A BILL APPROPRIATING $26,374 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF BUSINESS ASSISTANCE'S ADMINISTRATIVE BUDGET This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community & Economic Development Committee and set it for Public Hearing and Third Reading on July 26,1999. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 53 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF LASALLE AVE. AND NOTRE DAME AVE. IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 54 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3626 EAST KELLER STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 55 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 630 E. COLFAX AVE. IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS: GROUNDBREAKING - KENNEDY WATER PLAYGROUND Councilmember Pfeifer advised that there will be a groundbreaking at 3:00 p.m. on Wednesday, July 14, 1999 at the new Kennedy water playground which will be open next spring. 2. REINVENTING LAW ENFORCEMENT & LOITERING CONFERENCE Councilmember Pfeifer reminded everyone that on Friday, August 6, 1999, the Loitering Conference - Part II - Solutions, will take place at IUSB. NEW BUSINESS There was no new business to come before the Council at this time. F1 1 REGULAR MEETING JULY 12, 1999 PRIVILEGE OF THE FLOOR Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, submitted to the Council the Eleven - Year Summary for the Coveleski Regional Stadium and reviewed some of the figures with the Council. Mr. Cierzniak also submitted the May Report for the College Football Hall of Fame and reviewed some of those figures with the Council. ADJOURNMENT There being no further business to come before the Council, Council President Coleman adjourned the meeting at 8:40 p.m. ATTEST: o+'r J�a� tD , CX y Clerk ATTEST: Sean Coleman, President