Loading...
HomeMy WebLinkAbout02-09-98 Council Meeting MinutesREGULAR MEETING Be it remembered that the Common Bend met in the Council Chambers Monday, February 9, 1998, at 7:00 order and the Pledge to the Flag FEBRUARY 9, 1998 Council of the City of South of the County -City Building on p.m. The meeting was called to was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, Broden, Varner, Ujdak, Coleman, Hosinski Absent: Council Member Sniadecki 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 February 9, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Hosinski made a motion that the minutes of the January 26, 1998, meeting be accepted and placed on file, seconded by Council Member Kelly. The motion carried. SPECIAL BUSINESS Council President Coleman announced the Council has a joint appointment with the Mayor to the Economic Development Commission and Carolyn Anderson has indicated she would like to be reappointed to this Commission. Council Member Pfeifer announced there were six positions on the Commission for African - American Males, and any one interested should submit a bio detailing their background and their interest in serving on this commission by February 23. Council Member Hosinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Aranowski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:04 p.m. with eight members present. Chairman Broden presiding. BILL NO. 12 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY WEST OF FELLOWS STREET FROM THE SOUTH RIGHT -OF -WAY OF EAST SOUTH STREET TO THE NORTH RIGHT -OF- WAY OF THE FIRST EAST -WEST ALLEY SOUTH OF EAST SOUTH STREET FOR A DISTANCE OF APPROXIMATELY 99 FEET AND A WIDTH OF 10 FEET, PART LOCATED IN JODON'S SUB., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Mark Troyer, 416 E. South St., made the presentation for the bill. He advised they were requesting this alley be closed because it separates our property, as they own both sides of the alley. He expressed that there was also a safety issue involved. Hany Adbelshed, 418 REGULAR MEETING FEBRUARY 9, 1998 E. South St., spoke against this vacation indicating it was an easy way to get into this garage. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 122 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1001 AND 1005 HICKORY ROAD IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Jim Voll, Area Plan, made the presentation for the bill. He reported this was an Area Plan initiated petition to zone this property to allow permitted uses in a "PHC" District. He advised that the Area Plan Commission sends this petition to the Council with a favorable recommendation. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 127 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2503 MISHAWAKA AVENUE IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Jim Voll, Area Plan, advised that this petition is a request for a zoning change to allow for a private club and banquet facilities. He reported that the staff of Area Plan had recommend this zoning unfavorable, since the increased activity would significantly impact the nearby residential area. Bill Owen, president of Bosh Design Group, made the presentation for the bill. He advised the American Legion Post 303 was requesting this rezoning for the existing building, as well as the parking lot. Sheldon Maxie, 1721 Hillsdale, reported he was post commander of American Legion Post 303, and they would appreciate a favorable vote from the Council. Terry Gennicks, 802 S. Ironwood, indicated the River Park Neighborhood Association was in favor of this zoning. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 1 -98 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 214 WEST JEFFERSON BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA Council Member Hosinski reported that this property was in litigation, therefore, the Council should not take action on the landmark status at this time. He made a motion to table this bill, *(see next public hearing) seconded by Council Member Broden. The motion carried. BILL NO. 121 -97 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Jim Voll, Area Plan, advised this was a Common Council initiated petition which extends the deadlines for approving or denying certificates of appropriateness. John Oxian, president of the Historic Preservation Commission, made the presentation for the bill. *Council Member Coleman made a REGULAR MEETING FEBRUARY 9, 1998 motion to suspend public hearing on this bill and reconsider Bill No. 1 -98, seconded by Council Member Varner. The motion carried. After discussion, Council Member Hosinski withdrew his motion to table and made a motion to continue Bill No. 1 -98 indefinitely, seconded by Council Member Kelly. The motion carried. Council Member Coleman made a motion to reconsider Bill No. 121 -97, seconded by Council Member Varner. The motion carried. Mr. Oxian reported this bill would extend the time an application for certificate of appropriateness is considered by the Commission from thirty to forty -five days, and extends the approval time from forty -five to sixty days. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion carried. BILL NO. 10 -98 A BILL APPROPRIATING $2,400,000 OF SECTION 108 LOAN FUNDS, PLUS INTEREST EARNED THEREON, FOR USE IN REHABILITATION, CONSTRUCTION AND REDEVELOPMENT ACTIVITIES This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommends it to the Council favorable. Council Member Kelly made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Beth Leonard, Economic Development, made the presentation for the bill. she reported that this $2,400,000 in 108 Loan Funds would be used as follows; $150,000 for the Center for the Homeless, $450,000 for the LaSalle Recreation Center, and $1.8 is for downtown redevelopment, which includes the Studebaker Museum. Ann Kolata, deputy director of Redevelopment, encouraged the Council to vote for this bill. Mayor Luecke spoke in favor of this bill and asked the Council for their support. Council Member Varner asked if each of these appropriations could be bifurcated in to separate bills. He made a motion to separate each of the appropriations, seconded by Council Member Hosinski. The motion failed on ,a roll call vote of three ayes (Council Members Varner, Ujdak and Hosinski.) Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried.. BILL NO. 14 -98 A BILL APPROPRIATING $9,240.00 FROM THE HAZ- MAT FUND FOR THE PURPOSE OF PURCHASING EQUIPMENT FOR THE HAZ -MAT TEAM This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Pfeifer reported that the Health and Public Safety Committee had met on this bill and recommends it to the Council favorable. Rick Switalski, asst. chief, made the presentation for the bill. He reported this appropriation would be used to purchase equipment for the Haz -Mat team. He reported that this equipment will upgrade and /or replace existing equipment. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Pfeifer. The motion carried. BILL NO. 15 -98 A BILL APPROPRIATING $9,172.00 FROM THE INDIANA RIVER RESCUE FUND FOR THE PURPOSE OF PURCHASING EQUIPMENT FOR THE INDIANA RIVER RESCUE TEAM This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Pfeifer reported that the Health and Public Safety Committee had met on this bill and recommends it to the Council favorable. Rick Switalski, asst. chief, made the presentation for the bill. He reported this appropriation would be used to purchase equipment for the River Rescue Team. He REGULAR MEETING FEBRUARY 9, 1998 reported the team conducts two classes per year that generates revenue for the fund. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Coleman. The motion carried. BILL NO. 16 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES, INCLUDING $1,928,343 FROM THE GENERAL FUND, $127,145 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $140,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $1,648,676 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $797,000 FROM THE COUNTY OPTION INCOME TAX FUND, $343,500 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL FUND, $595,300 FROM THE PARKS AND RECREATION FUND, $202,766 FROM THE PARKS NON- REVERTING CAPITAL FUND, $2,356,000 FROM THE LOCAL ROADS AND STREET FUND, $111,300 FROM THE BUILDING DEPARTMENT FUND, $26,765 FROM THE SOLID WASTE DEPRECIATION FUND, $1,631,111 FROM THE WATER WORKS DEPRECIATION FUND, $4,502,050 FROM THE SEWAGE WORKS DEPRECIATION FUND, $39,250 FROM THE CENTURY CENTER FUND This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Broden reported that the Personnel and Finance Committee had met on this bill and recommends it to the Council favorable. Mayor Luecke made the presentation for the bill. He reported the City was continuing to budget capital improvements out of cash on hand, which is fiscally responsible. He advised that moneys from COIT and CEDIT will be used to pay for improvements to buildings, roads, curbs and sidewalks, as well as City neighborhoods. He informed the Council that $1.4 million will be put into neighborhood programs; $250,000 to pay for another tree trimming crew; $200,000 for improvement to key commercial corridors; and an estimated $1.3 is needed to pay for construction of a new fire station. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Kelly. The motion carried. 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 8:00 p.m. Council President Coleman presiding, and eight members present. BILLS, THIRD READING ORDINANCE NO. 8880 -98 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH - SOUTH ALLEY WEST OF FELLOWS STREET FROM THE SOUTH RIGHT -OF -WAY OF EAST SOUTH STREET TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST -WEST ALLEY SOUTH OF EAST SOUTH STREET FOR A DISTANCE OF APPROXIMATELY 99 FEET AND A WIDTH OF 10 FEET, PART LOCATED IN JODON'S SUB., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. to pass this bill, seconded by passed by a roll call vote of Council Member Kelly made a motion Council Member Varner. The bill eight ayes. REGULAR MEETING FEBRUARY 9, 1998 ORDINANCE NO. 8881 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1001 AND 1005 HICKORY ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8882 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2503 MISHAWAKA AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8883 -98 AN ORDINANCE AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Broden made a motion to pass this bill, seconded by Council Member Pfeifer. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8884 -98 AN ORDINANCE APPROPRIATING $2,400,000 OF SECTION 108 LOAN FUNDS, PLUS INTEREST EARNED THEREON, FOR USE IN REHABILITATION, CONSTRUCTION AND REDEVELOPMENT ACTIVITIES This bill had third reading. Council Member Kelly made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Broden. The motion carried. Council Member Kelly made a motion to pass the bill, as amended, seconded by Council Member Aranowski. The bill passed by a roll call vote of five ayes and three nays (Council Members Varner, Ujdak and Hosinski.) ORDINANCE NO. 8885 -98 AN ORDINANCE APPROPRIATING $9,240.00 FROM THE HAZ -MAT FUND FOR THE PURPOSE OF PURCHASING EQUIPMENT FOR THE HAZ -MAT TEAM This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8886 -98 AN ORDINANCE APPROPRIATING $9,172.00 FROM THE INDIANA RIVER RESCUE FUND FOR THE PURPOSE OF PURCHASING EQUIPMENT FOR THE INDIANA RIVER RESCUE TEAM This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8887 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES, INCLUDING $1,928,343 FROM THE GENERAL FUND, $127,145 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $140,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $1,648,676 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $797,000 FROM THE COUNTY OPTION INCOME TAX FUND, $343,500 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL FUND, $595,300 FROM THE PARKS F� 1 1 REGULAR MEETING FEBRUARY 9, 1998 AND - RECREATION FUND, $202,766 FROM THE PARKS NON- REVERTING CAPITAL FUND, $2,356,000 FROM THE LOCAL ROADS AND STREET FUND, $111,300 FROM THE BUILDING DEPARTMENT FUND, $26,765 FROM THE SOLID WASTE DEPRECIATION FUND, $1,631,111 FROM THE WATER WORKS DEPRECIATION FUND, - $4,502,050 FROM THE SEWAGE WORKS DEPRECIATION FUND, $39,250 FROM THE CENTURY CENTER FUND This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2548 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1010 PRAIRIE AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HUCKINS TOOL & DIE COMPANY, INC. Whereas, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and - Whereas, a Declaratory Resolution designated the area commonly known as 1010 Prairie Avenue, and which is more particularly described as follows: Tract of land beg 260.58' swly se cor Sample & Vac Prairie Avenue cont 1.343 ac + -known as Tract 4 with said real estate having the following Key No.18 8021 084903, 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 -25; and Whereas, the Council held a public hearing for the purpose 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 -12.1 et seq. REGULAR MEETING FEBRUARY 9, 1998 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/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Rybicki, president of Huckins Tool and Die Co., made the presentation for the resolution. He reported they were purchasing new equipment in order to be competitive in the current market. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2549 -98 A RESOLUTION CONFIRMING THE ADOPTION OF 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. A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 1 FERNDALE SUBDIVISION, AND LOTS 2, 3, 4, 5, 6, 10, 11, 13, 16, 19, 20, 21, 22, 23, 24, 25 LILAC TRAILS SUBDIVISION RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR ALLIANCE ASSOCIATES (AN INDIANA PARTNERSHIP) 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 commonly known as Lot 1 Ferndale Subdivision, and the area Lots 2, 3, 4, 5, 6, 10, 11, 13, 16, 19, 20, 21, 22, 23, 24, 25 Lilac Trails Subdivision, South Bend, Indiana, and which are more particularly described as follows: 1770 Lilac Trails Ct. Lot 1 Ferndale 25 1014 023804 1802 Lilac Trails Ct. Lot 2 Lilac Trls 25 1014 023807 1810 Lilac Trails Ct. Lot 3 Lilac Trls 25 1014 023809 1818 Lilac Trails Ct. Lot 4 Lilac Trls 25 1014 023810 1826 Lilac Trails Ct. Lot 5 Lilac Trls 25 1014 023811 1904 Lilac Trails Ct. Lot 6 Lilac Trls 25 1014 023812 1937 Lilac Trails Ct. Lot 10 Lilac Trls 25 1014 023816 1945 Lilac Trails Ct. Lot 11 Lilac Trls 25 1014 023817 1961 Lilac Trails Ct. Lot 13 Lilac Trls 25 1014 023819 1942 Lilac Trails Ct. Lot 16 Lilac Trls 25 1014 023822 1811 Lilac Trails Ct. Lot 19 Lilac Trls 25 1014 023825 4239 Ferndale Dr. Lot 20 Lilac Trls 25 1014 023826 4303 Ferndale Dr. Lot 21 Lilac Trls 25 1014 023827 4311 Ferndale Dr. Lot 22 Lilac Trls 25 1014 023828 4310 Ferndale Dr. Lot 23 Lilac Trls 25 1014 023829 4302 Ferndale Dr. Lot 24 Lilac Trls 25 1014 023830 4238 Ferndale Dr. Lot 25 Lilac Trls 25 1014 023831 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. REGULAR MEETING FEBRUARY 9, 1998 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The Area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; C. Parcels of property in the area: I. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subject) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION II. 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 the five (5) calendar years from the date of 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 of the City of South Bend Indiana Code 6 -1.1 -12.1 et seq. REGULAR MEETING FEBRUARY 9, 1998 SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted 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 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 A public hearing was held on the resolution at this time. Laura Smith, a partner Alliance Associates, made the presentation for the resolution. She informed the Council that they believe this tax abatement will encourage development in the City of South Bend. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Broden. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2550 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS 124 & 125 HERMITAGE SOUTH ESTATES, SECTION THREE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR ROJO DEVELOPMENT, 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 Lots 124 & 125 Hermitage South Estates, Section Three, South Bend, Indiana, and which are more particularly described as follows: LOTS 124 & 125 HERMITAGE SOUTH ESTATES, SECTION THREE and which has tax Key Number 23- 1037 -2095, 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 seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: 1 1 i REGULAR MEETING FEBRUARY 9, 1998 A. The Area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: I. the subject of an order issued under IC 36 -7 -9; or - ii. evidencing significant building deficiencies; C. Parcels of property in the area: I. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subject) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION II. 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 the five (5) calendar years from the date of 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 of the City of South Bend Indiana Code 6 -1.1 -12.1 et seq. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted 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 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 REGULAR MEETING FEBRUARY 9, 1998 A public hearing was held on the resolution at this time. Bill McCartney, a representative of ROJO, made the presentation for the resolution. He reported they were requesting abatement for two homes that were being used as model homes for the properties listed in a declaratory resolution which will be heard later in this meeting. Council Member Hosinski made a motion to adopt the resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2551 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS #4, 5, 6, 7, 8, 9, 10, 11, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 AND 54 SANDPIPER COVE SUBDIVISION RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR B L BUILDERS, 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 Lots #4, 5, 6, 7, 8, 9, 10, 11, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 and 54 Sandpiper Cove Subdivision South Bend, Indiana, and which are more particularly described as follows: 9.213 AC TR LYG W h SW 1/4 SEC. 23- 38 -38 -2E and which has tax Key Number 25- 1004- 025497 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 seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The Area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; 7 �u 1 REGULAR MEETING FEBRUARY 9, 1998 C. Parcels of property in the area: I. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subject) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION II. 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 the five (5) calendar years from the date of 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 of the City of South Bend Indiana Code 6 -1.1 -12.1 et seq. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted 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 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 A public hearing was held on the resolution at this time. John Crisman, a representative of BL Builders, made the presentation for the resolution. He indicated this abatement will help senior citizens who are on fixed incomes to better afford these villas. A discussion was held on Emerson Forest, another project of BL Builders that is receiving tax abatement. Council Member Hosinski reported he was very concerned about additional modular homes being set up in Emerson Forest. Council REGULAR MEETING FEBRUARY 9, 1998 Member Hosinski made a motion to defeat this resolution, seconded by Council Member Ujdak. The motion failed on a vote of two ayes (Council Members Hosinski and Ujdak) and six nays. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of six ayes and two nays (Council Members Hosinski and Ujdak.) RESOLUTION NO, 2552 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF LOCAL CONTROL OVER TOBACCO - RELATED ORDINANCES Whereas, the South Bend Common Council has been advised that every 30 seconds a child in Indiana smokes for the first time with one -third of these children eventually dying of tobacco - related diseases and Whereas, in the State of Indiana 10,250 residents die of tobacco - caused diseases, with 420,000 Americans dying each year; and Whereas, the U.S. Environmental Protection Agency has classified second -hand smoke as a "Group A Carcinogen "; and Whereas, second -hand smoke in the third leading cause of preventable death which kills 53,OOO.Americans each year; and the Council has been further advised that the State of Indiana has dubious distinction of having the second highest rate of smoking prevalence in the United States; and Whereas, based on the statistics made available, the Common Council is seriously concerned about the health hazards of tobacco use and second -hand smoke and believes that public education is necessary in this area. Now, therefore, be it ordained 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 urges the Indiana General Assembly to restore the rights of local communities to regulate the sale, distribution and display of tobacco products lost with the passage of Senate Enrolled Act (S.E.A.) 106 in the 1996 Indiana General Assembly. Section II. The South Bend Common Council opposes the principle and practice of local preemption of tobacco - related ordinances and urges the Indiana General Assembly to protect the rights of local communities to enact and enforce tobacco - related ordinances. Section III. The Common Council of the City of South Bend, Indiana, directs the City Clerk to distribute copies of this resolution to Governor Frank O'Bannon and Lieutenant Governor Joseph E. Kernan and to members of the Indiana General Assembly representing the City of South Bend as well as the State Department of Health so that they know the position of the South Bend Common Council of this important Public Health and Safety issue. 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. James Aranowski, First District I David Varner, Fifth District Charlotte Pfeifer, Second District Andrew Ujdak, Sixth District Roland Kelly, Third District Sean Coleman, At Large 1 1 1 REGULAR MEETING FEBRUARY 9. 1998 John Broden, Fourth District John Hosinski, At Large Rod Sniadecki, At Large ATTEST: Loretta Duda, City Clerk Stephen J. Luecke, Mayor Kathleen Cekanski - Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Pfeifer read the resolution. She informed the Council that Indiana Campaign for Tobacco Free Communities is providing a grass roots support effort during the 1998 legislative session. She reported that two of their primary goals include protecting against the tobacco industry's attempt to strip local communities of their right to protect children and adults from second hand smoke; and to restore local communities right to regulate the sale, display and distribution of tobacco products by supporting the repeal of preemption language currently contained in SEA 106. She advised the Council that this resolution sets forth health information resulting from the use of tobacco. Council Member Hosinski made a motion to adopt the resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2553 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE INDIANA STATE LEGISLATURE TO PASS SENATE BILL NO. 120 ADDRESSING PENSIONS FOR THE POLICE AND FIRE DEPARTMENTS Whereas, the South Bend Common Council has been apprised that Senate Bill No. 120 which would amend Title 36 of the Indiana Code addressing police and firefighters' retirements has been introduced for consideration by the 110th General Assembly of the State of Indiana; and Whereas, the Senate Bill provides in part that a member of the 1977 Police Officers' and Firefighters' Pension and Disability Fund would be eligible to retire at the age of 52; and further provides that a police officer or firefighter of said fund would be able to receive reduced benefits if he or she retires at the age of 50; and Whereas, this Senate Bill would also provide that a member of the 1925, 1937 or 1953 fund who converted to the 1977 fund who retires or becomes disabled on or before June 30, 1998 would be treated as a member of the 1977 fund; and Whereas, that since the benefits for converted police officers and firefighters are funded on a pay -as- you -go basis, significant savings to the City of South Bend would result over the next five (5) years if Senate Bill No. 120 is passed. Now, therefore, be it ordained 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 urges the Indiana General Assembly to enact Senate Bill No. 120 addressing police and firefighters' retirement. Section II. Senate Bill No. 120 contains two (2) major and significant parts, namely: 1. It would change the requirement for retirement from age 55 to age 52 so long as the police officer or firefighter has at east twenty (20 years of credited service and permitting an early retirement at age 50 with at least twenty (20) years of credited service with reduced benefits; and 2. It would transfer the liabilities for former converted plan members of the 1977 Plan who become benefit REGULAR MEETING FEBRUARY 9. 1998 recipients on or before June 30, 1998 from the responsibility on the City of South Bend. Section III. The Common Council of the City of South Bend, Indiana, directs the City Clerk to distribute copies of this Resolution to Governor Frank O'Bannon and Lieutenant Governor Joseph E. Kernan and to members of the Indiana General Assembly representing the City of South Bend as well as to the State Department of Health so that they know the position of the South Bend Common Council on this important issue. 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. James Aranowski, First District David Varner, Fifth District Charlotte Pfeifer, Second District Andrew Ujdak, Sixth District Roland Kelly, Third District Sean Coleman, At Large John Broden, Fourth District John Hosinski, At Large ATTEST: Rod Sniadecki, At Large Loretta Duda, City Clerk Stephen J. Luecke, Mayor Kathleen Cekanski - Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Coleman made the presentation for the resolution, along with Rick Switalski from the Fire Department and Paul Niezgodski from the Police Department, who are in charge of the pension funds for their respective departments. Council Member Coleman read the resolution. Both Rick Switalski and Paul Niezgodski spoke in support of the bill. Council Member Varner made a motion to adopt the resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2554 -98 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 511 LINCOLN WAY WEST, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PHOTOCHROME, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 511 Lincoln Way West, South Bend, Indiana, and which is more particularly described as follows: W 141/2 OF LOT 21 EX 40' N END OF 22 & 23' OF 23 HENDRICK & GRANTS and this property has Key Numbers 18 1027 0893, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et seg.; and WHEREAS, the Department of 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 -1, et sea., and South Bend Municipal Code Sections 2- 1 1 I I L� REGULAR MEETING FEBRUARY 9, 1998 76 et sec. 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 Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of 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; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of 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 State 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 Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. 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 to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and REGULAR MEETING FEBRUARY 9, 1998 effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommends it to the Council favorable. Jack St. Pierre, owner of Photocrome and Gene's Camera Shop, made the presentation for the resolution. He advised they were asking for a tax abatement of $265,000 for new equipment which will allow us to be competitive in the field. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2555 -98 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 122 SOUTH MICHIGAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: SBCC DEVELOPMENT CORPORATION 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 122 S. Michigan, South Bend, Indiana, and which is more particularly described as follows: 261/2 Ft. N. Side Lot 43 O.P. South Bend and which has Key Number 18 3001 0013.01 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of 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 -1, et seq., and South Bend Municipal Code Sections 2- 76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources 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 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., 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. 1 �1 1 REGULAR MEETING FEBRUARY 9, 1998 B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation: E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of 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 IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommends it to the Council favorable. Mark Tarner, president of South Bend Chocolate, made the presentation for the resolution. He advised they were requesting abatement for the Center City Associates building. Council Member Kelly made a motion to adopt the resolution, seconded by Council Member Pfeifer. The resolution was adopted by a roll call vote of seven ayes (Council Member Hosinski was not in the Chambers.) REGULAR MEETING FEBRUARY 9. 1998 RESOLUTION NO. 2556 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1313 S. WALNUT STREET, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EXPANDED METAL COMPANY OF INDIANA LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1313 S. Lafayette Blvd., South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, St. Joseph County, Indiana, situated in the Northwest Quarter of Section 14, and the northeast quarter of Section 15, Township 37 north, Range 2 East bounded by the following described line. Beginning at a point in the west line of Walnut Street, 1719.61 feet South of the south line of Sample Street, which point is 1067.8a6 feet south of the south line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428 and Deed Record 121, page 320; thence an assumed bearing of south 00001049" east along said west line of Walnut Street, 107.50 feet; thence South 89053103" West 269.27 feet; thence north 83057102" west, 75 feet to the southeast corner of an existing brick building, thence south 89055103" West 579.48 feet; thence north 0000149" west parallel with said West line of Walnut Street, 83.16 feet; thence north 89023132" east 437.13 feet; thence north 61054'12" east, 42.91 feet; thence north 89054112" East, 725.03 feet to the place of beginning. and this property has Key Numbers 18 8021 084502, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et seq.: and WHEREAS, the Department of 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 -1, et seq., and South Bend Municipal Code Sections 2- 76 et sec 1 . 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 Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of 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; REGULAR MEETING FEBRUARY 9, 1998 (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of 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 State 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 Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. 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 to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on 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 A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommends it to the Council favorable. Phil Faccenda, attorney, made the presentation for the bill. He advised that Steel Warehouse was expanding into a new field, and were moving into a building which has been used for storage. He reported that eighteen new jobs will be created. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2557 -98 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 LOTS 47, 52, 53, 86, 92, 93, 94, 95, 101, 105, 108, 114, 115, 116, 117, 118, 119, 120, 122, 123, 126, 127, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, REGULAR MEETING FEBRUARY 9, 1998 140, 142, 143, 145, 146, 147, 148, & 150 HERMITAGE SOUTH ESTATES, SECTION THREE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT, INC. WHEREAS, a Statement of Benefits and a petition for 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 47, 52, 53, 86, 92, 93, 94, 95, 101, 105, 108, 114, 115, 116, 117, 118, 119, 120, 122, 123, 126, 127, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 142, 143, 145, 146, 147, 148, & 150, Hermitage South Estates, South Bend, Indiana, and which are more particularly described as follows: Lots Numbered 47, 52, 53, 86, 92, 93, 94, 95, 101, 105, 108, 114, 115, 116, 117, 118, 119, 120, 122, 123, 126, 127,128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 142, 143, 145, 146, 147, 148, & 150, Hermitage South Estates, Section Three which has tax key number 23 1037 2095 be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et seg., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the areas qualify as Residentially Distressed Areas under Indiana Code 6- 1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76, et seer., and has further prepared maps and plats showing the boundaries and such other information regarding the areas 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 areas qualify as,Residentially Distressed Areas. 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 of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; 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 1 1 REGULAR MEETING E. A significant number of are: FEBRUARY 9, 1998 dwelling units within the area I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subject) 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 the five (5) calendar years from the date of adoption of this Resolution by the Common Council. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. 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. C. That the description of the proposed redevelopment meets the applicable standards for such development. D. That the estimate of the value of the redevelopment is reasonable for projects of this nature; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; 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 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 areas herein described be designated as Residentially Distressed Areas and hereby adopts a Resolution designating these areas as Residentially Distressed Areas for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Areas REGULAR MEETING FEBRUARY 9, 1998 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 properties be designated as residentially distressed areas. 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 A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommends it to the Council favorable. Bill McCartney, a representative of ROJO, made the presentation for the resolution. He advised the abatement would be used as a selling point for buying a home in the City. He encouraged the Council to continue this program. Council Member Hosinski made a motion to adopt the resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 17 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 210, 220, 310, 316 IRONWOOD ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to Area Plan, seconded by Council Member Kelly. The motion carried. BILL NO. 18 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2211, 2505, AND 2515 EAST JEFFERSON BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Kelly made a motion to refer this bill to Area Plan, seconded by Council Member Pfeifer. The motion carried. BILL NO. 19 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE WEST SIDE OF PORTAGE ROAD, NORTH OF BENDIX DRIVE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Pfeifer made a motion to refer this bill to Area Plan, seconded by Council Member Aranowski. The motion carried. BILL NO. 20 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH HILL STREET FROM THE NORTH RIGHT -OF -WAY OF EAST COLFAX AVENUE TO THE SOUTH RIGHT -OF -WAY OF EAST LA SALLE FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN LOWELL (ORIGINAL TOWN), CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ALSO, THE FIRST EAST -WEST ALLEY NORTH OF EAST COLFAX AVENUE REGULAR MEETING FEBRUARY 9, 1998 FROM THE WEST RIGHT -OF -WAY OF ST. LOUIS AVENUE TO THE EAST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH HILL STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN LOWELL (ORIGINAL TOWN), CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on February 23, seconded by Council Member Pfeifer. The motion carried. BILL NO. 21 -98 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING A NEW "IP" INDUSTRIAL PARK DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS This bill had first reading. Council Member Pfeifer made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 22 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 150 WEST ANGELA, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Pfeifer made a motion to refer this bill to Area Plan, seconded by Council Member Aranowski. The motion carried. BILL NO. 23 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MC KINLEY AVENUE AND BLVD. DE LA PAIX IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to Area Plan, seconded by Council Member Pfeifer. The motion carried. BILL NO. 24-98.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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH: FISKARS PROPERTIES, 5838 WEST BRICK ROAD This bill had first reading. Council Member Varner made a motion to refer this bill to Area Plan, seconded by Council Member Broden. The motion carried. BILL NO. 25 -98 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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH; JAMES & BARBARA KIDDER PETITION - NORTHWEST CORNER OF OLIVE ROAD & CLEVELAND ROAD, SOUTH BEND, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to Area Plan, seconded by Council Member Hosinski. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, gave his analysis of the 1997 end of year report for the College Football Hall of fame. REGULAR MEETING FEBRUARY 9, 1998 There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 9:05 p.m. ATTEST: Cox ATTEST: 4 VA @,I-, . President 1 I 1