HomeMy WebLinkAbout03-23-98 Council Meeting minutesREGULAR MEETING MARCH 23,1998
Be it remembered that the Common Council of the City of South
Bend met in the Council Chambers of the County -City Building on
Monday, March 23, 1998, at 7:00 p.m. The meeting was called to
order and the Pledge to the Flag 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 March 12,
meeting of the Council and found them correct.
Therefore, we recommend the same be approved.
/s/ Sean Coleman
/s/ David Varner
Council Member Broden made a motion that the minutes of the March
12, 1998, meeting be accepted and placed on file, seconded by
Council Member Kelly. The motion carried.
SPECIAL BUSINESS
RESOLUTION NO. 2577 -98 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,
COMMEMORATING THE LIFE OF SENIOR U.S.
DISTRICT JUDGE ROBERT ALLEN GRANT
Whereas, the Common Council or the City of South Bend,
Indiana, notes that Robert A. Grant was born on July 31, 1905,
and moved to South Bend in 1922, graduating from the South Bend
High School in 1923; and
Whereas, Robert A. Grant graduated from the university of
Notre Dame cum laude in 1928 and from the Notre Dame Law School
cum laude in 1930; and
Whereas, on September 17, 1933, Robert A. Grant married
Margaret A. McClaren and during their more than 64 years of
marriage raised two children Margaret A. "Peggy" Soderberg of
South Bend, and Robert A. Grant, Jr., of Idyllwild, California;
and
Whereas, Judge Grant's distinguished legal career began in
1930 with the Pyle & Voor law firm, and included service as a
Deputy Prosecuting Attorney and serving the citizens of the 32rd
District of Indiana from 1939 through 1949 as a member of the
United States Congress; and
Whereas, on August 26, 1957, Robert A. Grant was appointed
by President Dwight D. Eisenhower to the United States District
Court Northern District of Indiana, where he served as Chief
Judge from 1961 to 1972; and Senior Judge from 1972 until his
passing on March 2, 1998 at the age of ninety -two (92) years
young; and
Whereas, the Council proudly notes that on September 25,
1992, the Federal Court House was rededicated as the Robert A.
Grant Federal Building and United States Courthouse.
Section I. On behalf of all the citizens of the City of
South Bend, Indiana, the Common Council publicly commemorates the
REGULAR MEETING MARCH 23, 1998
life of Senior U.S. District Judge Robert A. Grant for his more
than sixty (60) years of selfless contributions to public service
in all three (3) branches of government, and for personifying the
highest standards of public service in our community.
Section II. Judge Grant revolutionized the legal system by
taking naturalization ceremonies into the public schools so that
students could see and appreciate them, and spearheaded the
process of holding court in the Indiana State Prisons on inmates'
rights cases.
Section III. Judge Robert A. Grant was a true gentleman,
with a keen sense of humor, a person who emulated his high moral
values and was a true jurist in the finest sense of the word who
counseled popes, presidents, kings, heads of state, and fellow
judges and lawyers, yet always took time for family and friends.
Section IV. The South Bend Common Council hereby declares
the month of May, 1998, as "Judge Robert SA. Grant Month" to be
celebrated with the many activities related to Law Day; and sends
its heartfelt wishes to Judge Grant's widow, Margaret A. Grant,
and their children, Peggy Soderberg and Robert A. Grant, Jr., and
hope that their lives will continue to be enriched by the
memories of Judge Grant's vision, warmth, compassion and
dedication.
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.
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 Kelly made the presentation for the resolution.
He read the resolution and presented it to Peggy Soderberg, Judge
Grant's daughter. Council Member Hosinski made a motion to adopt
this resolution, seconded by Council Member Varner. The
resolution was adopted by a roll call vote of eight ayes. Peggy
Soderberg thank the Council on behalf of her mother and brother.
RESOLUTION NO. 2578 -98 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,
COMMENDING ISABEL G. GONZALEZ FOR HER
SIX (6) YEARS OF DEDICATED PUBLIC
SERVICE TO THE CITY OF SOUTH BEND AS ITS
DIRECTOR OF SAFETY AND RISK MANAGEMENT
Whereas, the Common Council of the City of South Bend,
Indiana, is proud to acknowledge that Isabel G. Gonzalez has been
the Director of Safety and Risk Management since 1992; and
Whereas, in this position, Ms. Gonzalez implemented policies
and procedures in accordance with the Americans With Disabilities
Act, the Family and Medical Leave Act, and Workers Compensation;
as well as with the Department<of Transportation's drug testing
�1
REGULAR MEETING MARCH 23f 1998
and physical fitness regulations and the Occupational Safety
Health and Administration's rules; and
Whereas, some of Ms. Gonzalez many
helping to develop cost - effective resole
and rates, preparing bid specifications
care providers; creating return to work
and development and conducting training
with regulatory standards; and
achievements include
ition of medical claims
for occupations health
policies and procedures;
programs in accordance
Whereas, some of the other comprehensive safety policies and
procedures developed in accordance with OSHA guidelines include:
Lock Out /Tag Out, Hazard Communication, Confined Space, Hearing
Conservation, Drug Detection & Deterrence, and Bloodborne
pathogens; while developing industrial hygiene surveys for
asbestos containing material, lead exposure and noise; and most
recently fostered conversational Spanish Classes for the Police
Department and EMS; and
Whereas, as a member of the Hoosier Safety Council Board of
Directors and the Hoosier Safety Council Conference Planning
Committee, and as the Immediate Past President of this
organization, Ms. Gonzalez helped develop with the Fire
Department, local union representatives and medical directors, a
nationally recognized program on respirator clearance for fire
fighters.
Section I. On behalf of all the citizens of the City of
South Bend, Indiana, the Common Council hereby publicly commends
Isabel G. Gonzalez for her six (6) yearns of dedicated and capable
leadership as the City's Director of Safety and Risk Management.
Section II. The Common Council recognizes that Ms. Gonzalez
has provided thoughtful guidance, learned suggestions and
recommendations in the area of safety risk management, many of
which have resulted in state -wide and nationally- recognized
procedures.
Section III. The South Bend Common Council THANKS Isabel G.
Gonzalez for her many years of dedicated public service, and
concurs with the Muskegon Community College who recently publicly
acknowledged that Isabel G. Gonzalez is an adult role model whose
many qualities should be emulated. We wish you continued good
fortune in the years ahead.
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
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 made the presentation. She read the
resolution and presented it to Isabelle. Chico Rodriguez, a City
Firefighter, spoke in favor of this resolution. Bernard Redman,
REGULAR MEETING MARCH 23, 1998
1519 Evergreen P1., Elkhart) spoke in favor of this resolution
indicating the Isabel helped him by giving him on the job
training. Council Member Kelly made a motion to adopt the
resolution, seconded by Council Member Ujdak. The resolution was
adopted by a roll call vote of eight ayes. Isabel thanked the
Council for the resolution.
RESOLUTION NO. 2579 -98 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND ADOPTING A
WRITTEN FISCAL PLAN AND ESTABLISHING A
POLICY FOR THE PROVISION OF SERVICES TO
AN ANNEXED AREA IN GERMAN TOWNSHIP
(FISKARS ANNEXATION)
WHEREAS, there has been submitted to the Common Council of
the City of South Bend, Indiana, an ordinance which proposes the
annexation of the real estate described hereinafter as Exhibit
"A ", located in German Township, St. Joseph County, Indiana; and
WHEREAS, the territory proposed to be Voluntarily annexed by
more than 51% of the owners, consists of approximately 1.8 acres
currently vacant, but proposed to be developed into a small
office complex. It is generally located on the south side of
Brick Road approximately 250' east of the New Cleveland Road
Extension, with approximately 57% of its aggregate external
boundaries coinciding with the boundaries of the City of South
Bend. The development of the territory proposed to be annexed
will require a basic level of municipal public services,
including fire and police protection, street and road
maintenance, water and sewer service, and services of a capital
improvement nature, including street lighting; potential street
widening and traffic light installation; and
WHEREAS, the Common Council of the City of South Bend,
Indiana desires to
now establish and adopt a fiscal plan and
establish a definite policy showing (1) the cost estimates of
services of a non - capital nature, including street and road
maintenance, police and fire protection and other non - capital
services normally provided within the corporate boundaries, and
services of a capital improvement nature, including street
construction, street lighting, water facilities, sewer
facilities, and storm water drainage facilities to be furnished
to the territory to be annexed; (2) the method(s) of financing
those services; (3) the plan for the organization and extension
of those services; (4) that services of a non - capital nature will
be provided to the annexed area within one (1) year after the
effective date of the annexation, and that they will be provided
in a manner equivalent in standard and scope to similar non -
capital services provided to areas within the corporate
boundaries of the City of South Bend, that have characteristic of
topography, patterns of land use, and population density similar
to that of the territory to be annexed; (5) that services of a
capital improvement nature will be provided to the annexed area
within four (4) years after the effective date of the annexation
in the same manner as those services are provided to areas within
the corporate boundaries of the City of South Bend, regardless of
similar topography, patterns of land use or population density,
and in a manner consistent with federal, state and local laws,
and (6) the plan for hiring the employees of other governmental
entities whose jobs will be eliminated by the proposed
annexation; and
WHEREAS, the Board of Public Works of the City of South
Bend, the Board of Public Safety of the City of South Bend, and
the Board of Water Works Commissioners of the City of South Bend
have approved a written fiscal plan and established a policy for
the provision of services to the territory to be annexed which
plan and policy, as it relates to the territory to be annexed,
the Common Council finds to be in the best interests of the City.
REGULAR MEETING MARCH 23, 1998
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. That it is in the best interest of the City of
South Bend and of the area proposed to be annexed that the real
property located in German Township, St. Joseph County, Indiana,
described in Exhibit "A" attached hereto and made a part hereof,
be annexed to the City of South Bend.
Section II. That it shall be and hereby is now declared and
established that it is the policy of the City of South Bend to
furnish to said territory services of a non - capital nature, such
as street and road maintenance, police and fire protection,
within one (1) year of the effective date of the annexation, in a
manner equivalent in standard and scope to the services furnished
by the City to other areas of the City which have characteristics
of typography, patterns of land utilization and population
density similar to said territory; and to furnish to said
territory services of a capital improvement nature, such as
street construction, street lighting, water facilities, sewer
facilities, and storm water facilities, within four (4) years of
the effective date of the annexation, in the same manner as those
services are provided to areas within the corporate boundaries of
the City of South Bend that have characteristics of topography,
patterns of land use and population density similar to that of
the territory to be annexed and in a manner consistent with
Federal, State and local laws, procedures, and planning criteria.
Section III. That the Common Council of the City of South
Bend shall and does hereby now establish and adopt the fiscal
plan, described in Exhibit "B" attached hereto and made a part
hereof, for the furnishing of said services to the territory to
be annexed.
Section IV. This resolution shall be in full force and
effect upon its adoption by the Common Council and approval by
the Mayor.
/s/ Sean Coleman
Member, Common Council
A public hearing was held on the resolution at this time. Larry
Magliozzi, Planning & Neighborhood Development, made the
presentation for the resolution. He advised the Council that
this was a voluntary annexation of vacant property on the south
side of Brick Road. He reported that the petitioners were
proposing to construct an office facility on this site, and that
all City services can be provided to the area. Council Member
Aranowski 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. 2580 -98 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND ADOPTING A
WRITTEN FISCAL PLAN AND ESTABLISHING A
POLICY FOR THE PROVISION OF SERVICES TO
AN ANNEXED AREA IN GERMAN TOWNSHIP
KIDDER ANNEXATION)
WHEREAS, there has been submitted to the Common Council of
the City of South Bend, Indiana, an ordinance which proposes the
annexation of the real estate described hereinafter as Exhibit
"A ", located in German Township, St. Joseph County, Indiana; and
WHEREAS, the territory proposed to be Voluntarily annexed by
more than 51% of the owners, consists of approximately 21.86 +/-
acres currently vacant, but proposed to be developed for two
offices /warehousing facilities. It is located at the northeast
corner of Olive Road and Cleveland Road, with more than 1/8 of
its aggregate external boundaries i.e., roughly 22% contiguous.
REGULAR MEETING MARCH 23, 1998
The development of the territory proposed to be annexed will
require a basic level of municipal public services, including
fire and police protection, street and road maintenance, water
and sewer service, and services of a capital improvement nature,
including street lighting; potential street widening and traffic
light installation; and
WHEREAS, the Common Council of the City of South Bend,
Indiana now desires to establish and adopt a fiscal plan and
establish a definite policy showing (1) the cost estimates of
services of a non - capital nature, including street and road
maintenance, police and fire protection and other non - capital
services normally provided within the corporate boundaries, and
services of a capital improvement nature, including street
construction, street lighting, water facilities, sewer
facilities, and storm water drainage facilities to be furnished
to the territory to be annexed; (2) the method(s) of financing
those services; (3) the plan for the organization and extension
of those services; (4) that services of a non - capital nature will
be provided to the annexed area within one (1) year after the
effective date of the annexation, and that they will be provided
in a manner equivalent in standard and scope to similar non -
capital services provided to areas within the corporate
boundaries of the City of South Bend, that have characteristic of
topography, patterns of land use, and population density similar
to that of the territory to be annexed; (5) that services of a
capital improvement nature will be provided to the annexed area
within four (4) years after the effective date of the annexation
in the same manner as those services are provided to areas within
the corporate boundaries of the City of South Bend, regardless of
similar topography, patterns of land use or population density,
and in a manner consistent with federal, state and local laws,
and (6) the plan for hiring the employees of other governmental
entities whose jobs will be eliminated by the proposed
annexation; and
WHEREAS, the Board of Public Works of the City of South
Bend, the Board of Public Safety of the City of South Bend, and
the Board of Water Works Commissioners of the City of South Bend
have approved a written fiscal plan and established a policy for
the provision of services to the territory to be annexed which
plan and policy, as it relates to the territory to be annexed,
the Common Council finds to be in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. That it is in the best interest of the City of
South Bend and of the area proposed to,be annexed that the real
property located in German Township, St. Joseph County, Indiana,
described in Exhibit "A" attached hereto and made a part hereof,
be annexed to the City of South Bend.
Section II. That it shall be and hereby is now declared and
established that it is the policy of the City of South Bend to
furnish to said territory services of a non - capital nature, such
as street and road maintenance, police and fire protection,
within one (1) year of the effective date of the annexation, in a
manner equivalent in standard and scope to the services furnished
by the City to other areas of the City which have characteristics
of typography, patterns of land utilization and population
density similar to said territory; and to furnish to said
territory services of a capital improvement nature, such as
street construction, street lighting, water facilities, sewer
facilities, and storm water facilities, within four (4) years of
the effective date of the annexation, in the same manner as those
services are provided to areas within the corporate boundaries of
the City of South Bend that have characteristics of topography,
patterns of land use and population density similar to that of
the territory to be annexed and in a manner consistent with
•gam t
REGULAR MEETING m MARCH 23, 1998
Federal, State and local laws, procedures, and planning criteria.
Section III. That the Common Council of the City of South
Bend shall and does hereby now establish and adopt the fiscal
plan, described in Exhibit "B" attached hereto and made a part
hereof, for the furnishing of said services to the territory to
be annexed.
Section IV. This resolution shall be in full force and
effect upon its adoption by the Common Council and approval by
the Mayor.
1s/ Sean Coleman
Member, Common Council
A public hearing was held on the resolution at this time. Larry
Magliozzi, Planning & Neighborhood Development, made the
presentation for the resolution. He advised the Council that
this was another voluntary annexation at Olive and Old Cleveland
Rd. which will come into the City as light industrial. He
reported that petitioner was planning to build two
office /warehouse buildings, and all City services can be extended
to this area. 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.
Council Member Kelly made a motion to resolve into the Committee
of the Whole, seconded by Council Member Broden. 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 7:32 p.m. with nine
members present. Chairman Broden presiding.
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 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 made a motion to accept the
substitute bill on file with the City Clerk, seconded by Council
Member Coleman. The motion carried. 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, gave the staff report. He informed the Council that the
petitioner was requesting a zone change from residential to light
industrial to allow for an office building. He advised the total
site to be rezoned is 1.7 acres. He reported that the Area Plan
Commission recommends this bill to the Council favorable. Robert
Palmiter, a representative of Genesis Architects & Engineers,
Inc., made the presentation for the bill. He advised that they
were requesting this voluntary annexation and zoning to build an
office facility in the City, and Genesis will be the primary
tenant. Council Member Hosinski made a motion to recommend this
bill to the Council favorable, as amended, seconded by Council
Member Aranowski. 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
REGULAR MEETING MARCH 23, 1998
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 Coleman made a motion to accept the
substitute bill on file with the City Clerk, seconded by Council
Member Hosinski. The motion carried. Council Member Hosinski
reported that the Zoning and Vacation Committee had met on this
bill and recommended it to the Council favorable. Jim Voll, Area
Plan, reported that this petition is a request to zone this
property to light industrial. He advised the Area Plan
Commission recommends this bill to the Council favorable. Mike
Danch, Peirce & Associates, made the presentation for the bill.
He reported the petitioners were requesting annexation and
rezoning to light industrial in order to build a distribution
center that will employ approximately 100 employees. He
indicated there would be screening along Old Cleveland Road and
the west side of the property. Council Member Aranowski made a
motion to recommend this bill to the Council favorable, seconded
by council Member Coleman. the motion carried.
BILL NO. 28 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST EAST WEST ALLEY SOUTH OF FAIRVIEW AVENUE
FROM THE WEST RIGHT -OF -WAY OF GERTRUDE STREET WEST
APPROXIMATELY 147 FEET TO THE DEAD -END HAVING A
WIDTH OF 16 FEET. PART LOCATED IN RUM VILLAGE
HEIGHTS 2ND ADDITION, 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. Eileen King, 2636
Gertrude, made the presentation for the bill. She advised that
this alley was overgrown with vegetation and is not used as an
alley, therefore, they are requesting it be vacated. Council
Member Coleman made a motion to recommend this bill to the
Council favorable, seconded by Council Member Varner. The motion
carried.
BILL NO.133 -97 A BILL AMENDING THE ZONING ORDINANCE, AND
ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY
LOCATED AT 1631 LINCOLN WAY WEST, IN THE CITY OF
SOUTH BEND, INDIANA
Council Member Kelly made a motion to continue public hearing on
this bill until April 13, at the request of the petitioner,
seconded by Council Member Hosinski. The motion carried.
Council Member Coleman made a motion to resolve into the
Committee of the Whole, seconded by Council Member Varner. 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 7:32 p.m. Council President Coleman
presiding, and eight members present.
ATTEST:
fit Cle c
BILLS, THIRD READING
ATTE
rman
ORDINANCE NO. 8895 -98 AN ORDINANCE OF 'THE COMMON COUNCIL
THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO AND BRINGING WITHIN THE
OF
CITY
1
1
REGULAR MEETING
MARCH 23, 1998
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 third reading. Council Member Hosinski 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 Pfeifer made a motion to pass the bill, as
amended, seconded by Council Member Aranowski. The bill passed
by a roll call.vote of eight ayes.
ORDINANCE NO. 8896 -98 AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO AND BRINGING WITHIN THE CITY
LIMITS OF SOUTH BEND, INDIANA, AND
AMENDING THE ZONING ORDINANCE FOR
CERTAIN LAND IN GERMAN TOWNSHIP
CONTIGUOUS THEREWITH; JAMES & BARBARA
KIDDER PETITION - NORTHWEST CORNER OF
OLIVE ROAD & CLEVELAND ROAD, SOUTH BEND,
INDIANA
This bill had third reading. Council Member Hosinski 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 Pfeifer made a motion to pass the bill, as
amended, seconded by Council Member Aranowski. The bill passed
by a roll call vote of eight ayes.
ORDINANCE NO. 8897 -98 AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE FIRST EAST WEST
ALLEY SOUTH OF FAIRVIEW AVENUE FROM THE
WEST RIGHT -OF -WAY OF GERTRUDE STREET
WEST APPROXIMATELY 147 FEET TO THE DEAD -
END HAVING A WIDTH OF 16 FEET. PART
LOCATED IN RUM VILLAGE HEIGHTS 2ND
ADDITION, CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA
This bill had third reading. Council Member Varner made a motion
to pass this bill, seconded by Council Member Hosinski. The bill
passed by a roll call vote of eight ayes.
RESOLUTIONS
RESOLUTION NO. 2581 -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 2811 N.
VIRIDIAN DRIVE, AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A
TEN (10) YEAR REAL PROPERTY TAX
ABATEMENT FOR HARRISON MANAGEMENT
COMPANY
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 2811 N. Viridian, South Bend, Indiana, and
which is more particularly described as follows:
PT SE SE 28 -38 -2E BEG
1852.51' W NE COR S 375 W
709.63' N 375' E 711.9'
TO POB 6.12 ACS
and which has Key Number 25 1010 040022 be designated as an
Economic Revitalization Area under the provisions of Indiana Code
REGULAR MEETING MARCH 23, 1998
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.
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
1
1
REGULAR MEETING MARCH 23, 1998
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
RESOLUTION NO. 2582 -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 2811 N.
VIRIDIAN DRIVE, AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A
FIVE (5) YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR CONTAINER SERVICE CORP.
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 2811 N.
Viridian Drive, South Bend, Indiana, and which is more
particularly described as follows:
PT SE SE 28 -38 -2E BEG
1852.51' W NE COR S 375 W
709.63' N 375' E 711.9'
TO POB 6.12 ACS
and this property has Key Numbers 25 1010 040022, 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 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 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:
REGULAR MEETING
MARCH 23, 1998
(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
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 resolutions at this time.
Council Member Varner made a motion to combine public hearing on
both resolutions, seconded by Council Member Kelly. The motion
carried. Council Member Kelly reported that the Community and
Economic Development Committee had met on these bills and
recommended them to the Council favorable. Mike Harrison, 2811
N. Viridian, made the presentation for the resolutions. He
reported they manufacture corrugated containers, and need to
build an addition to their facility, and purchase machinery in
REGULAR MEETING
MARCH 23, 1998
order to remain competitive. He advised they will be creating
eleven new jobs. Council Member Broden made a motion to adopt
Resolution No. 2582 -98, seconded by Council Member Kelly. The
resolution was adopted by a roll call vote of eight ayes.
Council Member Broden made a motion to adopt Resolution No. 2583-
98, seconded by Council Member Aranowski. The resolution was
adopted by a roll call vote of eight ayes.
RESOLUTION NO. 2583 -98 A RESOLUTION CONFIRMING THE ADOPTION OF
A DECLARATORY RESOLUTION DESIGNATING
CERTAIN AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS 3702 W.
SAMPLE STREET, SUITE 1125, TO BE AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A.FIVE YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR TRIANGLE
MACHINE, 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 3702 W. Sample, Suite 1125, and which is more
particularly described as follows:
Parcel of land, North West of North East Section 1637 2E.
Containing 5.4021 2E acre or les
with said real estate having the following Key No., 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.
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 resolutions at this time. Xuan
REGULAR MEETING MARCH 23, 1998
Mai Tran, a representative of Triangle, made the presentation for
the resolution. She advised they were requesting this abatement
in order to purchase machinery which will enable them to remain
competitive. She informed the Council that the estimated cost of
the equipment was approximately $80,000. Council Member Hosinski
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. 2584 -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
#8, 9, 10, 16, 17, 31 AND 32 -
SOUTHFIELD SUBDIVISION SECTION 1 AS A
RESIDENTIALLY DISTRESSED AREA FOR
PURPOSES OF A FIVE (5) YEAR RESIDENTIAL
REAL PROPERTY TAX ABATEMENT FOR SC. /L.I.
PARTNERSHIP
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 Lots #8, 9, 10, 16, 17, 31 and 32 - Southfield
Subdivision Section 1, South Bend, Indiana, and which is more
particularly described as follows:
Street Address
Stone Court*
Stone Court*
Stone Court*
Stone Trail*
Stone Trail*
Stone Trail*
Stone Trail*
(* - street
Legal Description
Lot #8 Southfield Subdivision section 1
Lot #9 Southfield Subdivision section 1
Lot #10 Southfield Subdivision Section 1
Lot #16 Southfield Subdivision section 1
Lot #17 Southfield Subdivision Section 1
Lot #31 Southfield Subdivision Section 1
Lot #32 Southfield Subdivision section 1
Key Number
23- 1058 -3391
23- 1058 -3392
23- 1058 -3393
23- 1058 -3399
23- 1058 -3400
23- 1058 -3414
23- 1058 -3413
addresses are currently being determined for the above lots)
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 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
1
1
REGULAR MEETING MARCH 23, 1998
dwellings designed for up to four (4) families, including
accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied
and are:
i. the subject of an order issued under IC 36 -7 -9; or
ii.evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6- 1.1 -24
and IC 6- 1.1 -25; or
ii.are owned by a unit of local government; or
D. A significant number of dwelling units within the area
are not permanently occupied or a significant number of
parcels in the area are vacant land; or
E. A significant number of dwelling units within the area
are:
i. the subject of an order issued under IC 36 -7 -9; or
ii.evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of
dwelling units, as documented by census information, local
building and demolition permits, or certificates of
occupancy, or the areas are owned by Indiana or the United
States; or
G. The area (plus any areas previously designated under
this subsection) will not exceed ten percent (10%) of the
total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds
the following:
A. That the description of the proposed redevelopment meets
the applicable standards for such development;
B. That the estimate of the value of the redevelopment is
reasonable for projects of this nature;
C. That the other benefits about which information was
requested are benefits that can be reasonably expected to
result from the proposed described redevelopment;
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;
and
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
REGULAR MEETING MARCH 23, 1998
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
RESOLUTION NO, 2585 -85 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
#4, 5, 5a, 11, 12, 12a, 13, 13a, 14, 15,
16 - SOUTHFIELD SUBDIVISION SECTION 1a
AS A RESIDENTIALLY DISTRESSED AREA FOR
PURPOSES OF A FIVE (5) YEAR RESIDENTIAL
REAL PROPERTY TAX ABATEMENT FOR SFI /LDI
PARTNERSHIP
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 Lots #4, 5, 5a, 11, 12, 12a, 13, 13a, 14, 15 and 16 -
Southfield Subdivision Section la, South Bend, Indiana, and which
is more particularly described as follows:
Street Address Legal DescriRtion Key Number
6304 Cedar Court Lot #4 Southfield Subdivision section la 23- 1037 -2073*
6303 Cedar Court Lot
301 Cedar Court Lot
6306 Maple Court Lot
6304 Maple Court Lot
6302 Maple Court Lot
6301 Maple Court Lot
6303 Maple Court Lot
6305 Maple Court Lot
6307 Maple Court Lot
6309 Maple Court Lot
(* - the master key number s can
#5 Southfield Subdivision Section la
#5a Southfield Subdivision section la
#11 Southfield subdivision Section la
#12 Southfield Subdivision Section la
#12a Southfield Subdivision Section la
#13 Southfield Subdivision Section la
#13a Southfield Subdivision section la
#14 Southfield Subdivision Section la
#15 Southfield Subdivision Section la
#16 Southfield Subdivision Section la
•ently being split and separate key numbers will be assigned to each of the above lots)
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:
r--
■
E
REGULAR MEETING MARCH 23, 1998
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; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6- 1.1 -24
and IC 6- 1.1 -25; or
ii.are owned by a unit of local government; or
D. A significant number of dwelling units within the area
are not permanently occupied or a significant number of
parcels in the area are vacant land; or
E. A significant number of dwelling units within the area
are:
i. the subject of an order issued under IC 36 -7 -9; or
ii.evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of
dwelling units, as documented by census information, local
building and demolition permits, or certificates of
occupancy, or the areas are owned by Indiana or the United
States; or
G. The area (plus any areas previously designated under
this subsection) will not exceed ten percent (10 %) of the
total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds
the following:
A. That the description of the proposed redevelopment meets
the applicable standards for such development;
B. That the estimate of the value of the redevelopment is
reasonable for projects of this nature;
C. That the other benefits about which information was
requested are benefits that can be reasonably expected to
result from the proposed described redevelopment;
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;
and
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
REGULAR MEETING
MARCH 23. 1998
designating this area as a Residentially Distressed Area for
purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area
shall be limited to five (5) calendar years from the date of the
adoption of this Resolution by the Common Council.
SECTION VII. The Common Council hereby determines that the
property owner is qualified for and is granted property tax
deduction for a period of five (5) years.
SECTION VIII. The Common Council directs the City Clerk to cause
notice of the adoption of this Declaratory Resolution for Real
Property Tax Abatement to be published pursuant to Indiana Code
5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing
notice of the public hearing before the Common Council on the
proposed confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the
rehabilitation must meet all local code standards for
habitability as a specific condition of having such property be
designated as a residentially distressed area.
SECTION X. This Resolution shall be in full force and effect
from and after its adoption by the Common Council and approval by
the Mayor.
Is/ Sean Coleman
Member of the Common Council
RESOLUTION NO. 2586 -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
#103, 104, 106, 107, 108, 110, 111, 112,
113, 114 AND 115 SOUTHFIELD SUBDIVISION
SECTION 2 AS A RESIDENTIALLY DISTRESSED
AREA FOR PURPOSES OF A FIVE (5) YEAR
RESIDENTIAL REAL PROPERTY TAX
PARTNERSHIP
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 Lots #103, 104, 106, 107, 108, 110, 111, 112, 113, 114,
and 115, - Southfield Subdivision Section 1, South Bend, Indiana,
and which is more particularly described as follows:
1
u
Street Address
Legal
Description
Key Number
6410
cedar
Trail
Lot
#103
Southfield
Subdivision
Section
2 23- 1037 -2073
6412
Cedar
TraiL
Lot
#104
Southfield
Subdivision
Section
2
6423
Cedar
Trail
Lot
#106
Southfield
Subdivision
section
2
6422
cedar
Trail
Lot
#107
Southfield
Subdivision
Section
2
6420
Cedar
Trail
Lot
#108
Southfield
Subdivision
section
2
6415
Cedar
Trail
Lot
#110
Southfield
Subdivision
Section
2
6413
cedar
Trail
Lot
#111
Southfield
Subdivision
section
2
6411
cedar
Trail
Lot
@112
Southfield
Subdivision
section
2
6409
Cedar
Trail
Lot
#113
Southfield
Subdivision
Section
2
6407
cedar
Trail
Lot
#114
Southfield
Subdivision
Section
2
6405
Cedar
Trail
Lot
#115
Southfield
Subdivision
Section
2
( *- master key number is currently being split and separate Key Numbers will be
assigned to each of the above addresses /lots)
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
REGULAR MEETING
MARCH 23, 1998
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
sere., for tax abatement.
SECTION II. The Common Council hereby determines and finds that
the area meets one of the following conditions as formally
established in Ordinance no. 8845 -97, which was passed on
December 8, 1997:
A. The area is comprised of parcels that are either
unimproved or contain only one. (1) or two (2) family
dwellings designed for up to four (4) families, including
accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied
and are:
i. the subject of an order issued under IC 36 -7 -9; or
ii.evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6- 1.1 -24
and IC 6- 1.1 -25; or
ii.are owned by a unit of local government; or
D. A significant number of dwelling units within the area
are not permanently occupied or a significant number of
parcels in the area are vacant land; or
E. A significant number of dwelling units within the area
are:
i. the subject of an order issued under IC 36 -7 -9; or
ii.evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of
dwelling units, as documented by census information, local
building and demolition permits, or certificates of
occupancy, or the areas are owned by Indiana or the United
States; or
G. The area (plus any areas previously designated under
this subsection) will not exceed ten percent (10 %) of the
total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds
the following:
A. That the description of the proposed redevelopment meets
the applicable standards for such development;
B. That the estimate of the value of the redevelopment is
reasonable for projects of this nature;
C. That the other benefits about which information was
requested are benefits that can be reasonably expected to
result from the proposed described redevelopment;
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;
and
F. The deduction will not be allowed unless the dwelling
rehabilitation is completed within five (5) calendar years
from the date of the adoption of this Resolution by the
Common Council.
REGULAR MEETING MARCH 230 1998
SECTION IV. The Common Council hereby determines and finds that
the proposed described redevelopment can be reasonably expected
to yield benefits identified in the Statement of Benefits and the
petition for real property tax abatement consideration and that
the Statement of Benefits form prescribed by the State Board of
Accounts are sufficient to justify the deduction granted under
Indiana Code 6- 1.1- 12.1 -3.
SECTION V. The Common Council hereby accepts the report and
recommendation of the Community and Economic Development
Committee that the area herein described be designated as a
Residentially Distressed Area and hereby adopts a Resolution
designating this area as a Residentially Distressed Area for
purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area
shall be limited to five (5) calendar years from the date of the
adoption of this Resolution by the Common Council.
SECTION VII. The Common Council hereby determines that the
property owner is qualified for and is granted property tax
deduction for a period of five (5) years.
SECTION VIII. The Common Council directs the City Clerk to cause
notice of the adoption of this Declaratory Resolution for Real
Property Tax Abatement to be published pursuant to Indiana Code
5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing
notice of the public hearing before the Common Council on the
proposed confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the
rehabilitation must meet all local code standards for
habitability as a specific condition of having such property be
designated as a residentially distressed area.
SECTION X. This Resolution shall be in full force and effect
from and after its adoption by the Common Council and approval by
the Mayor.
Sean Coleman
Member of the Common Council
A public hearing was held on the these resolutions at this time.
Council Member Varner made a motion to combine public hearing on
Resolutions No. 98 -46, 47, 48, seconded by Council Member Kelly.
The motion carried. Council Member Kelly reported that the
Community and Economic Development Committee met on these
resolutions and recommended them to the Council favorable. Mike
Urbanski, a representative of SFI /LDI, made the presentations for
the resolutions. He advised that the growth of the City was very
important, and these residential abatements will help in
attaining this growth. Council Member Kelly made a motion to
adopt Resolution No. 2585 -98, seconded by Council Member Broden.
The resolution was adopted by a roll call vote of eight ayes.
Council Member Kelly made a motion to adopt Resolution No. 2586-
98, seconded by Council Member Varner. The resolution was
adopted by a roll call vote of eight ayes. Council Member Kelly
made a motion to adopt Resolution No. 2587 -98, seconded by
Council Member Varner. The resolution was adopted by a roll call
vote of eight ayes.
RESOLUTION NO. 2587 -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 202,
206, 210, 214, 218, 222, 226, 230
ASHBURY COURT AS A RESIDENTIALLY
DISTRESSED AREA FOR PURPOSES OF A FIVE
(5) YEAR RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR GARDEN HOMES BY E.L., INC.
REGULAR MEETING
MARCH 23, 1998
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 202, 206, 210, 214, 218, 222, 226, 230 Ashbury Court,
South Bend, Indiana, and which is more particularly described as
follows:
Lot 1 Ashbury Park, Lot 2 Ashbury Park, Lot 3 Ashbury Park, Lot 4
Ashbury Park, Lot 5 Ashbury Park, Lot 6 Ashbury Park, Lot 7
Ashbury Park, and Lot 8 Ashbury Park,
and which has tax Key Number 18- 5057 - 1993 *, (* - the master key
number is currently being split and separate key numbers will be
assigned to each of the above addresses /lots) 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 II. The Common Council hereby determines and finds that
the area meets one of the following conditions as formally
established in Ordinance no. 8845 -97, which was passed on
December 8, 1997:
A. The area is comprised of parcels that are either
unimproved or contain only one (1) or two (2) family
dwellings designed for up to four (4) families, including
accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied
and are:
i. the subject of an order issued under IC 36 -7 -9; or
ii.evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6- 1.1 -24
and IC 6- 1.1 -25; or
ii.are owned by a unit of local government; or
D. A significant number of dwelling units within the area
are not permanently occupied or a significant number of
parcels in the area are vacant land; or
E. A significant number of dwelling units within the area
are:
i. the subject of an order issued under IC 36 -7 -9; or
ii.evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of
dwelling units, as documented by census information, local
building and demolition permits, or certificates of
occupancy, or the areas are owned by Indiana or the United
States; or
REGULAR MEETING
MARCH 23, 1998
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 he reasonably expected
to yield benefits identified in the Statement of Benefits and the
petition for real property tax abatement consideration and that
the Statement of Benefits form prescribed by the State Board of
Accounts are sufficient to justify the deduction granted under
Indiana Code 6 -1.1- 12.1 -3.
SECTION V. The Common Council hereby accepts the report and
recommendation of the Community and Economic Development
Committee that the area herein described be designated as a
Residentially Distressed Area and hereby adopts a Resolution
designating this area as a Residentially Distressed Area for
purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area
shall be limited to five (5) calendar years from the date of the
adoption of this Resolution by the Common Council.
SECTION VII. The Common Council hereby determines that the
property owner is qualified for and is granted property tax
deduction for a period of five (5) years.
SECTION VIII. The Common Council directs the City Clerk to cause
notice of the adoption of this Declaratory Resolution for Real
Property Tax Abatement to be published pursuant to Indiana Code
5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing
notice of the public hearing before the Common Council on the
proposed confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the
rehabilitation must meet all local code standards for
habitability as a specific condition of having such property be
designated as a residentially distressed area.
SECTION X. This Resolution shall be in full force and effect
from and after its adoption by the Common Council and approval by
the Mayor.
Is/ 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 resolution and recommended
it to the Council favorable. Mike Urbanski, 17844 State Road 23,
a representative of Garden Homes, made the presentation for the
REGULAR MEETING MARCH 23, 1998
resolution. He reported these homes will add growth for the City
of South Bend. Council Member Varner 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. 98 -50 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 1933 N.
MEADE STREET, 1934 N. FREMONT STREET, 3
@ 2600 BLOCK W. LINDEN STREET, 6@ 2500
BLOCK W. LINDEN STREET, 2 @ 2400 BLOCK
W. LINDEN STREET, 1 @ 1900 BLOCK KINYON
STREET, 1 @ BLOCK W. HAMILTON STREET,
1226 EAST CEDAR STREET, AND 1230 SOUTH
BEND AVENUE AS A RESIDENTIALLY
DISTRESSED AREA FOR PURPOSES OF A FIVE
(5) YEAR RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR G & M PROPERTIES
Council Member Kelly made a motion to continue public hearing on
this bill until April 13, at the request of the petitioner,
seconded by Council Member Borden. The motion carried.
RESOLUTION NO. 2588 -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 2204,
2208, 2212, 2220, 2310, 2314, 2207,
2211, 2215, AND 2301 OAKWOOD PARK DRIVE
AS A RESIDENTIALLY DISTRESSED AREA FOR
PURPOSES OF A FIVE (5) YEAR RESIDENTIAL
REAL PROPERTY TAX ABATEMENT FOR
WOODFIELD DOWN, INC. D.B.A. OAKWOOD
VILLAGE
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 2204, 2208, 2212, 2220, 2310, 2314, 2207, 2211, 2215, and
2301 Oakwood Park Drive, South Bend, Indiana, and which is more
particularly described as follows:
Oakwood Villas Sec One Lot 1, Oakwood Villas Section One Lot 2,
Oakwood Villas Section One Lot 3, Oakwood Villas Sec One Lot 5,
Oakwood Villas Section One Lot 8, Oakwood Villas Sect One Lot 9,
Oakwood Villas Sec One Lot 23, Oakwood Villas Sec One Lot 24,
Oakwood Villas Sec One Lot 25, and Oakwood Villas Sec One Lot 27
and which has tax Key Number 25 -1004- 025604, 25- 1004 - 025605, 25-
1004- 025606, 25- 1004 - 025608, 25 -1004- 025611, 25- 1004 - 025612, 25-
1004- 025619, 26- 1004 - 02620, 25- 1004 - 025621, and 25- 1004 - 025623
be designated as a Residentially Distressed Area under the
provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend
Municipal Code Sections 2 -76 et seq., and;
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 seg., and has further prepared maps and plats showing the
bwnddries and Ouch other informdtim regarding the area in
question as required by law; and
REGULAR MEETING
MARCH 23, 1998
WHEREAS, the Community and Economic
e
Common Council has reviewed said report andmrecommendedetoothehe
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
sue., for tax abatement. —
SECTION II The Common Council hereby determines and finds that
the area meets one of the following conditions as formally
established in Ordinance no. 8845 -97, which was passed on
December 8, 1997:
A. The area is comprised of parcels that are either
unimproved or contain only one (1) or two (2) family
dwellings designed for up to four (4) families, including
accessory buildings for'those dwellings; or
B. Any dwellings in the area are not permanently occupied
and are:
i. the subject of an order issued under IC 36 -7 -9; or
ii.evidencing significant building deficiencies; or
C. Parcels of property i'n the
and IC 6- 1.1 -25; or area:
i. have been sold and not redeemed under IC 6- 1.1 -24
ii.are owned by a unit of local government; or
D. A significant number of dwelling units within the area
are not permanently occupied or a significant number of
parcels in the area are vacant land; or
E. A significant number of dwelling units within the area
are:
i. the subject of an order issued under IC 36 -7 -9; or
ii.evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of
dwelling units, as documented by census information, local
building and demolition permits, or certificates of
occupancy, or the areas are owned by Indiana or the United
States; or
G. The area (plus any areas previously designated under
this subsection) will not exceed ten percent (10 %) of the
total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds
the following:
A. That the description of the proposed redevelopment meets
the applicable standards for such development;
B. That the estimate of the value of the redevelopment is
reasonable for projects of this nature;
C. That the other benefits about which information was
requested are benefits that can be reasonably expected to
result from the proposed described redevelopment;
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;
and
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
REGULAR MEETING MARCH 23, 1998
Accounts are sufficient to justify the deduction granted under
Indiana Code 6- 1.1- 12,1 -3.
SECTION V. The Common Council hereby accepts the report and
recommendation of the Community and Economic Development
Committee that the area herein described be designated as a
Residentially Distressed Area and hereby adopts a Resolution
designating this area as a Residentially Distressed Area for
purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area
shall be limited to five (5) calendar years from the date of the
adoption of this Resolution by the Common Council.
SECTION VII. The Common Council hereby determines that the
property owner is qualified for and is granted property tax
deduction for a period of five (5) years.
SECTION VIII. The Common Council directs the City Clerk to cause
notice of the adoption of this Declaratory Resolution for Real
Property Tax Abatement to be published pursuant to Indiana Code
5 -3 -1 and Indiana Code 6 -1.1- 12,1 -2.5, said publication providing
notice of the public hearing before the Common Council on the
proposed confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6- 1.1- 12,1 -2, the
rehabilitation must meet all local code standards for
habitability as a specific condition of having such property be
designated as a residentially distressed area.
SECTION X. This Resolution shall be in full force and effect
from and after its adoption by the Common Council and approval by
the Mayor.
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 recommended it to
the Council favorable. Tim Murray, 51716 Darthmore, indicated
they were looking forward to selling these lots, and the tax
abatement should help. Council Member Aranowski made a motion to
adopt this resolution, seconded by Council Member Kelly. The
resolution was adopted by a roll call vote of eight ayes.
RESOLUTION NO. 2589 -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 1725
EAGLE POINT DRIVE, 4140 SPRING HILL CT.,
4131, 4132 GREEN GLADE CT., 4206, 4308,
4335, 4347 CROSS CREEK DRIVE, AND 2206,
4335, 4343, 4349, 4357, 4369, 4373,
4346, 4316, 4347, 4370, 4360 FOXFIRE
DRIVE AS A RESIDENTIALLY DISTRESSED AREA
FOR PURPOSES OF A FIVE (5) YEAR
RESIDENTIAL REAL PROPERTY TAX ABATEMENT
FOR CROSS CREEK, INC.
WHEREAS, a Statement of Benefits and a petition for residential
real property tax abatement has been submitted to and filed with
the City Clerk for consideration by the Common Council of the
City of South Bend, Indiana requesting that the area commonly
known as 1725 Eagle Point Drive, 4140 Spring Hill Ct., 4131,4132
Green Glade Ct., 4206,4308,4335,4347 Cross Creek Drive, and 2206,
4335, 4343, 4349, 4357, 4369, 4373, 4346, 4316, 4347, 4370, 4360
Foxfire Drive, South Bend, Indiana, and which is more
particularly described as follows:
Cross Creek Lot 3, Cross Creek Sec Three Part One Lot 72, Cross
REGULAR MEETING MARCH 23, 1998
Creek Sec Three Part One Lot 77, Cross.Creek Sec Three Part One
Lot 83, Cross Creek Sec Two Lot 124, Cross Creek Sec Two Lot 130,
Cross Creek Sec Four Lot 223, Cross Creek Sec Four Lot 229, Lot
137 Cross Creek Section Three Part Two, Second Replat of Cross
Creek Sec Five Lot 159A, Cross Creek 'Sec Five Lot 170, Cross
Creek Sec Five Lot 172, First Replat Cross Creek Phase Three Lot
176A, First Replat Cross Creek Phase Three Lot 182G, Cross Creek
Phase Three Lot 196, First ''Replat'of Cross Creek Sec Five Lot
243A, Cross Creek Sec Five Lot 251, Cross Creek Phase Three Lot
264, Cross Creek Phase Three Lot 265, and Cross Creek Phase Three
Lot 270
and which has tax Key Number 25- 1010 - 036903, 25- 1010 - 036882, 25-
1010- 036887, 25- 1010 - 036893, 25- 1010 - 036849, 25- 1010 - 036855, 25-
1010- 036511, 25- 1010 - 036517, 25- 1010 - .036602, 25 -1010- 036531, 25-
1010- 036542, 25- 1010 - 036544, 25- 1010 - 036558, 25- 1010 - 036564, 25-
1010- 036578, 25- 1010 - 036549, 25- 1010 - .036557, 25- 1010 - 036579, 25-
1010- 036580, 25- 1010 - 036585, 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 sec., 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
seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that
the area meets one of the following conditions as formally
established in Ordinance no. 8845 -97, which was passed on
December 8, 1997:
A. The area is comprised of parcels-that are either
unimproved or contain only one (1) or two (2) family
dwellings designed for up to four (4) families, including
accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied
and are:
i. the subject of an order issued under IC 36 -7 -9; or
ii.evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6- 1,1 -24
and IC 6- 1,1 -25; or
ii.are owned by a unit of local government; or
D. A significant number of dwelling units within the area
are not permanently occupied or a` significant number of
parcels in the area are vacant land; or
E. A significant number of dwelling units within the area
are:
i. the subject of an order issued under IC 36 -7 -9; or
ii.evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of
dwelling units, as documented by census information, local
fi
1
REGULAR MEETING _ MARCH 23. 1998
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.
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
A public hearing was held on the resolution at this time.
REGULAR MEETING MARCH 23, 1998
Council Member Kelly reported that the Community and Economic
Development Committee had met on this bill and recommended it to
the Council favorable. Tim Murray, 51716 Darthmore, indicated
they could appreciated the.Council's consideration of this
resolution. Council Member Broden made a motion to adopt this
resolution, seconded by Council Member Pfeifer. The resolution
was adopted by a roll call vote of eight ayes.
RESOLUTION NO. 2590 -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 3735
WILLIAM RICHARDSON DRIVE, AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A
THREE (3) YEAR REAL PROPERTY TAX
ABATEMENT FOR COBRA DEVELOPMENT, LLC
WHEREAS, a petition for real property tax abatement has been
filed with the City Clerk for consideration by the Common Council
of the City of South Bend, Indiana requesting that the area
commonly known as 3735 William Richardson Drive, South Bend,
Indiana, and which is more particularly described as follows:
Lot Numbered Eight A (8A) as shown on the recorded Plat of Toll
Road Industrial Park Second Minor Subdivision, recorded December
1, 1995 as Document 9540654 in the Office of the Recorder of St.
Joseph County, Indiana
and which has Key Number 25- 1013 - 021112, be designated as an Economic
Revitalization Area under the provisions of Indiana Code 6 -1.1-
12.1 et sea., and South Bend Municipal Code Sections 2 -76 et
sea., 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, 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., and qualifies under the
relevant provisions of South Bend Municipal Code Sections 2 -76 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
F7
L
1
REGULAR MEETING
MARCH 23, 1998
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 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 fight of the following:
1. The enormous risk the petitioner takes associated with
this type of development.
2. The developer has already committed a large sum to this
development and expects to continue to commit large
sums to future developments of the same kind.
3. There is a demonstrated need for this particular type
of development.
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 further exercises its authority
to waive certain compliance requirements of Indiana Code 6 -1.1-
12.1-1 et sea., as permitted by Indiana Code 6 -1.1- 12.1- 11.3(c),
to the extent necessary to give effect to this Resolution, with
such waiver taking place after public hearing. Without limiting
the general scope of this waiver, the Common Council hereby
approves Form SB -1 Statement of Benefits and specifically waives
the Petitioner's failure to submit said Statement of Benefits to
the Common Council before initiating the redevelopment project,
in accordance with Indiana Code 6 -1.1- 12.1- 11.3(a)(2). The Common
Council further finds that each of the additional findings
required pursuant to Indiana Code 6 -1.1- 12.1 -2 have been met, and
that the property located at Lot #8A Toll Road Industrial Park
( 3735 William Richardson Drive) is declared an Economic Revitalization
Area.
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
REGULAR MEETING
MARCH 23, 1998
notice of the public hearing before the Common Council on the
proposed confirming of said declaration.
SECTION IX. 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. Brian
Montgomery, a representative of Cobra, made the presentation for
the bill. He reported they were planning to expand their
operation in order to remain competitive. Council Member Kelly
made a motion to adopt this resolution, seconded by Council
Member Aranowski. The resolution was adopted by a roll call vote
of eight ayes.
BILLS, FIRST READING
BILL NO. 30 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT THE NORTHEAST CORNER OF THE ST. JOSEPH
VALLEY PARKWAY AND BRICK ROAD IN THE CITY OF SOUTH
BEND, INDIANA
This bill had first reading. Council Member Broden made a motion
to refer this bill to Area Plan, seconded by Council Member
Pfeifer. The motion carried.
BILL NO. 31 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF THE ST. JOSEPH
VALLEY PARKWAY AND INTERSTATE 80/90 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 Varner. The motion carried.
BILL NO. 32 -98 A BILL APPROPRIATING $42,000 RECEIVED FROM THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S
EMERGENCY SHELTER GRANT PROGRAM
This bill had first reading. Council Member Kelly made a motion
to refer this bill to the Community and Economic development
Committee and set it for public hearing and third reading on
April 13, seconded by Council Member Pfeifer. The motion
carried.
BILL NO. 33 -98 A BILL APPROPRIATING $90,000 FROM THE URBAN
DEVELOPMENT ACTION GRANT FUND FOR THE PURPOSE OF
FUNDING PREDEVELOPMENT COSTS
This bill had first reading. Council Member Kelly made a motion
to refer this bill to the Community and Economic development
Committee and set it for public hearing and third reading on
April 13, seconded by Council Member Aranowski. The motion
carried.
BILL NO. 34 -98 A BILL TRANSFERRING $813,000 AMONG VARIOUS
ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT
This bill had first reading. Council Member Kelly made a motion
to refer this bill to the Community and Economic development
Committee and set it for public hearing and third reading on
April 13, seconded by Council Member Pfeifer. The motion
carried.
UNFINISHED BUSINESS
1
1-1
REGULAR MEETING MARCH 23. 1998
Council Member Varner made a motion to set Bill No. 126 -97, 2 -98,
19 -98, 22 -98, 23 -98, for public hearing and third reading on
April 13, and refer it to the Zoning and Annexation Committee,
seconded by Council Member Pfeifer. The motion carried.
PRIVILEGE OF THE FLOOR
Jim Cierzniak, 1156 E. Victoria, spoke regarding the Hall of
Fame.
There being no further business to come before the Council
unfinished or new, Council Member Coleman adjourned the meeting
at 8:22 p.m.
ATTEST:
ty e k
ATTEST:
President