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HomeMy WebLinkAbout04-13-98 Council Meeting minutesREGULAR MEETING APRIL 13,1998 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, April 13, 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, and Sniadecki Absent: Council Member Hosinski 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 23, meeting of the Council and found them correct. Therefore, we recommend the same be approved. ls/ Sean Coleman /s/ David Varner Council Member Kelly made a motion that the minutes of the March 23, 1998, meeting be accepted and placed on file, seconded by Council Member Broden. The motion carried. SPECIAL BUSINESS Council Member Kelly announced there were three Council appointments to the board of the Urban Enterprise Association. He reported that this was a bipartisan board and any one interested in serving should send a letter or contact the City Clerk's office by this Friday. Council Member Aranowski made a motion that the second meeting in May be held on Tuesday, May 26, seconded by Council Member Sniadecki. The motion carried. RESOLUTION NO. 2591 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING PAULA N. AUBURN FOR HER MORE THAN NINETEEN YEARS OF DEDICATED PUBLIC SERVICE AS A MEMBER OF THE SOUTH BEND REDEVELOPMENT COMMISSION Whereas, the Common Council of the City of south Bend, Indiana, acknowledges with regret, that Paula N. Auburn resigned as a member of the South Bend Redevelopment Commission effective February 28, 1998; and Whereas, Paul N. Auburn was first appointed to the South Bend Redevelopment Commission by Mayor Peter J. Nemetn in January 1979, and received annual reappointments thereafter during the terms of Mayor Roger 0. Parent, Mayor Joseph E. Kernan and Mayor Stephen J. Luecke; and Whereas, during her more than nineteen (19) years of dedicated public service on the South,Bend Redevelopment Commission, Paula N. Auburn helped positively change the city landscape by fostering new approaches to maximize the "opportunity for rehabilitation or redevelopment of areas by private enterprise:; and Whereas, as an instrumental member of the Commission, some of the many duties Paula N. Auburn diligently and meticulously carried out included; investigation, studying and determining how to combat the causes of blighted areas; promoting new and improved uses for land; cooperating with departments and agencies REGULAR MEETING APRIL 13, 1998 for innovative ways to create growth and development purposes; and promoting new architectural concepts such as a pedestrian skyway in downtown South Bend; and Whereas, in addition to working with neighborhood groups in the Rum Village, Monroe Park and West Washington- Chapin areas, Commissioner Auburn provided guidance and leadership in promoting partnerships with the private sector which resulted in many projects becoming realities some of which include: "The Cove:, 1st Source Center, the East Race, Central High School Apartments, Blackthorn Golf Course and Corporate park, Robertson's Apartments, Stephenson Mill Apartments, the College Football Hall of Fame, and assisted countless other business with tax abatements which were used as incentives for new and ongoing enterprises. Now, therefore, be it ordained by the Common council of the City of South Bend, Indiana, as follows: Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common council hereby publicly commends PAULA N. AUBURN for her more than nineteen (19) years of dedicated and capable leadership as a mayoral appointment to the South Bend Redevelopment Commission. Section II. The South Bend Common Council THANKS PAULA N. AUBURN for her many years of dedicated public service and wishes her and her husband Keith, continued years of happiness as they pursue new challenges in the years ahead. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common council and approval by the Mayor. 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 Coleman made the presentation for the resolution. He read the resolution and presented it to Paula Auburn. Council Member Broden made a motion to adopt the resolution, by acclamation, seconded by Council Member Varner. The motion carried. Paul Auburn thanked the Council for the resolution and indicated it was an honor and privilege to serve this community. RESOLUTION NO. 98 -57 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE BETHEL COLLEGE MENS BASKETBALL TEAM FOR WINNING THE 1998 NAIA DIVISION II NATIONAL CHAMPIONSHIP Council Member Kelly made a motion to continue public hearing on this bill to April 27, seconded by Council Member Varner. The motion carried. Council Member Kelly made a motion to resolve into the Committee REGULAR MEETING APRIL 13, 1998 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 7:15 p.m. with eight members present. Chairman Coleman presiding. 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 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 Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Oxian, president of the Historic Preservation Commission made the presentation for the bill. He reported that this cement block house is one of three such houses in the City, and the second one they have recommended for landmark designation. He advised that the Commission has maintenance standards above the standards used by Code Enforcement. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 126 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4001 BLOCK OF BRICK ROAD IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Jim Voll, Area Plan, advised that this property is 5.1 acres of vacant land. He described the surrounding area, which is basically "D" Light Industrial. He reported that the Area Plan Commission recommends this to the Council favorable. Mike Danch, Peirce and Associates, made the presentation for the bill. He indicated he was representing the owner and the contingent purchaser they are requesting this zoning in order that this property can be added to the Industrial Park. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried. BILL NO. 2 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 125, 127, 137, 201, 209, 229, 235, 243, 301 AND 315 E. BROADWAY STREET, IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Jim Voll, Area Plan, advised that the petitioners are requesting a change to "residential to allow for single family homes. He reported that this zoning is in accordance with the Southeast Action Plan, and this zoning received a favorable recommendation from the Area Plan Commission. Recardo Milton, a representative of American Home Dreams, made the presentation or the bill. He advised they were requesting this change in zoning for the eight new homes they are constructing on Broadway. Council Member Varner made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 19 -98 A BILL AMENDING THE ZONING ORDINANCE FOR 1 1 REGULAR MEETING APRIL 13, 1998 PROPERTY LOCATED ON THE WEST SIDE OF PORTAGE ROAD,'NORTH OF BENDIX DRIVE, IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member 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 Varner reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Jim Voll, Area Plan, advised that the petitioners were requesting a change to "C" Commercial to allow for commercial retailing, offices and a restaurant. He reported that the total site is 23 acres for phase one, and the Area Plan Commission sends this to Council with a favorable recommendation. Dean Carlson, Carlson Consulting Engineers, made the presentation for the bill. He indicated he was representing petitioners who plan to construct a Wal -Mart, offices, restaurants and a financial institution. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, as amended, seconded by Council member Aranowski. The motion carried. BILL NO. 22 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 150 WEST ANGELA, IN THE CITY OF SOUTH BEND, INDIANA This 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 Varner reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Jim Voll, Area Plan, advised that the petitioners were requesting a change from "B" residential to 110" office to allow for a professional office. He advised that the total site to be zoned is 16,000 square feet, and the Commission sends this to Council with a favorable recommendation. Jim Serwatka, 63480 Ironwood Road, made the presentation for the bill. He advised that this building has been vacant for several months, and it was not likely if would ever be used as a physician's office or a residence again, therefore, it was necessary to change the zoning to "O" office. Bob Case, 1308 Otsego, indicated the screening was inadequate, to block the illumination of the lighted sign. Jim Voll indicated the site plan shows screening and it should be adequate to block the light. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Aranowski. The motion carried. BILL NO. 23 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MC KINLEY AVENUE AND BLVD. DE LA PAIX IN THE CITY OF SOUTH BEND, INDIANA This 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 Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Jim Voll, Area Plan, advised that the petitioners were requesting a change from "A" residential to "B" to allow for a philanthropic building, as well as a ball park to be used by the Jewish Federation. He reported that the site to be rezoned is 13.2 acres, and Area Plan Commission sends this zoning to the Council for a favorable recommendation. Kevin Butler, attorney for the Jewish Federation, made the presentation for the bill. He advised that the they plan to build on 1.4 acres leaving a balance of 11.5 acres. He informed the Council there will be a 75' setback, 50' being treed. Ann Schmiedeler, 205 Devonshire, president of the Bercliff Estates Home Owners REGULAR MEETING APRIL 13, 1998 Association, indicated they have known for many years that the Federation could develop this land. She reported that they had sent out a survey to all of the neighborhood had had only ten responses and most were in favor of the project. She indicated they did have some complaints about the softball field, but the Federation met with the neighborhood and explained the softball field would only be used by their members during the daytime. Robert Parker, attorney, indicated he thought most of the people living in Bercliff supported this project. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were giving an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Community and Economic Development, made the presentation for the bill. She reported this bill will appropriate additional entitlement funds received by the City for the Center of the Homeless, Youth Service Bureau, and YWCA. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 33 -98 PUBLIC HEARING ON A BILL APPROPRIATING $90,000 FROM THE URBAN DEVELOPMENT ACTION GRANT FUND FOR THE PURPOSE OF FUNDING PREDEVELOPMENT COSTS This being the time heretofore set for public hearing on the above bill, proponents and opponents were giving an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee had wet on this bill and recommended it to the Council favorable. Beth Leonard, Community and Economic Development, made the presentation for the bill. She reported this bill will appropriate $90,000 from the repayments to the Urban Development Actions Grants program as the City's contribution to a Predevelopment Fund. John Oxian, 742 Sancome, spoke in favor of this bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Pfeifer. The motion carried. BILL NO. 34 -98 A BILL TRANSFERRING $813,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This being the time heretofore set for public hearing on the above bill, proponents and opponents were giving 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 Aranowski. The motion carried. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Community and Economic Development, made the presentation for the bill. She reported this bill will transfer moneys in Block Grant funds remaining at program end. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Aranowski. The motion carried. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Kelly. The motion carried. REGULAR MEETING RECONVENED REGULAR MEETING APRIL 13, 1998 Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:05 p.m. Council President Coleman presiding, and eight members present. ATTEST: ity 1 r BILLS, THIRD READING ATTEST: ORDINANCE NO. 8898 -98 AN ORDINANCE 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 This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8899 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4001 BLOCK OF BRICK ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Broden. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8900 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 125, 127, 137, 201, 209, 229, 235, 243, 301 AND 315 E. BROADWAY STREET, IN THE CITY OF.SOUTH BEND, INDIANA This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8901 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE WEST SIDE OF PORTAGE ROAD, NORTH OF BENDIX DRIVE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Kelly made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Broden. The motion carried. Council Member Broden made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8902 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 150 WEST ANGELA, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Kelly made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Pfeifer. The motion carried. Council Member Aranowski made a motion to pass this bill, seconded by REGULAR MEETING APRIL 13, 1998 Council Member Kelly. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8903 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MC KINLEY AVENUE AND BLVD. DE LA PAIX IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8904 -98 AN ORDINANCE APPROPRIATING $42,000 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8905 -98 AN ORDINANCE APPROPRIATING $90,000 FROM THE URBAN DEVELOPMENT ACTION GRANT FUND FOR THE PURPOSE OF FUNDING PREDEVELOPMENT COSTS This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Broden. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8906 -98 AN ORDINANCE TRANSFERRING $813,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Council Member Broden made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Varner. The motion carried. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of eight ayes. RESOLUTIONS Council Member Varner made a motion to accepted substitute resolution 98 -50, seconded by Council Member Aranowski. The motion carried. RESOLUTION NO. 2592 -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 1933 N. MEADE STREET, 1934 N. FREMONT STREET, 2613, 2607, 2603, 2522, 2526, 2530, 2513, 2509, 2505, 2432, 2422 W. LINDEN ST., 1238 KINYON ST., 2013 W. HAMILTON, 1226 EAST CEDAR ST., 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 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 1933 N. Meade St., 1934 N. Fremont St., 2613, 2607, 2603, 2522, 2526, 2530, 2513, 2509,2505, 2432, 2422, W. Linden 1 1 1 REGULAR MEETING St., 1238 Kinyon St.2013 South Bend Avenue, South particularly described as Street Address 1933 N. Meade St. 1934 N. Fremont St. 2613 W. Linden St. 2607 W. Linden St. 2603 W. Linden St. 2522 W. Linden St. 2526 W. Linden St. 2530 W. Linden St. 2513 W. Linden St. 2509 W. Linden St. 2505 W. Linden St. 2432 W. Linden St. 2422 W. Linden St. 1238 Kinyon Street 2013 W. Hamilton 1226 East Cedar street 1230 South Bend Avenue APRIL 13, 1998 W. Hamilton, 1226 East Cedar St., 1230 Bend, Indiana, and which is more follows: Legal Description Key Number Lot 527 Vernon Heights 18- 2095 -3587 Lot 538 Vernon Heights 18- 2096 -3632 Lot 33 Kaley,s 1st Add 18- 2066 -2456 Lot 35 Kaley-s 1st Add 18- 2066 -2458 Lot 36 Kaley,s 1st Add 18- 2066 -2459 Lot 14 Kaley's 1st Add 18- 2069 -2539 Lot 15 Kaley's 1st Add 18- 2069 -2538 Lot 16 Kaley,s 1st Add 18- 2069 -2537 Lot 41 Kaley,s 1st Add 18- 2068 -2503 Lot 42 Kaley's 1st Add 18- 2068 -2505 Lot 43 Kaley,s 1st Add 18- 2068 -2507 Lot 8 Kaley,s 1st Add 18- 2069 -2546 Lot 6 Kaley *s 1st Add 18- 2069 -2548 Lot 176 North West Add 18- 2164 -5992 3rd Replete Ex E 100.5' & Ex W 50* 18- 2113 -4155 Lot 56 Jackson Sub Prop Lot 38 Happ & Taggarts 18- 5080 -2800 1st Replete Lot 16 Talbots Plat 18- 5095 -3346 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 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, at 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 REGULAR MEETING APRIL 13, 1998 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; 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. REGULAR MEETING APRIL 13, 1998 SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this resolution and recommended it to the Council favorable. Mike Urbanski, 17874 SR 23, made the presentation for the resolution. He reported this abatement is one of many that have been before you and there will be more to come. He asked for Council consideration of this abatement. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2593 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2811 N. VIRIDIAN DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR HARRISON MANAGEMENT COMPANY 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 2811 N. Viridian, South Bend IN, and which is particularly described as follows: PT SE SEC 28 -38 -2e BEG 1582.51' W. NE COR S. 375 W 709.63' N. 375' E 711.9' TO POB 6.12 ACS with said real estate having the following Key No. 25 -1010 040022 -an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the REGULAR MEETING APRIL 13, 1998 Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et sea. 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. f s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. David Hartman, president of Hartman Management Company, made the presentation for the resolution. He reported that they are doubling the size of the building that houses Container Services, in order the install needed manufacturing equipment. Council Member Aranowski 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. 2594 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2811 N. VIRIDIAN DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CONTAINER SERVICE CORP. 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 2811 Viridian, and which is more particularly described as follows: PT SE SEC 28 -38 -2E BEG 1582.51' W NE COR S 375w 09.63' N 375' E 711.9' TO POB 6.12 ACS with said real estate having the following Key No.25 1010 040022, 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, 1 1 REGULAR MEETING APRIL 13, 1998 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 resolution at this time. David Hartman, president of Hartman Management Company, made the presentation for the resolution. He reported that they are purchasing new equipment to go into the new building. He advised that they anticipate creating eleven new jobs. 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. Council Member Varner made a motion to combine public hearing on resolution nos. 98 -60, 61, and 62, seconded by Council Member Kelly. The motion carried. RESOLUTION NO. 2595 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SFI /LDI PARTNERSHIP WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as Lots #8, 9, 10, 16, 17,31 AND 32 - Southfield Subdivision Section 1 ,South Bend, Indiana, and-which are more particularly described as follows: Street Address Legal Description Key Number Stone Court* Lot #8 Southfield Subdivision section 1 23- 1058 -3391 Stone Court* Lot #9 Southfield Subdivision section 1 23- 1058 -3392 Stone Court* Lot #10 Southfield Subdivision section 1 23- 1058 -3393 Stone Trail* Lot #16 Southfield Subdivision section 1 23- 1058 -3399 Stone Trail* Lot #17 Southfield subdivision section 1 23- 1058 -3400 stone Trail* Lot #31 Southfield subdivision section 1 23- 1058 -3414 Stone Trail* Lot #32 Southfield subdivision section 1 23 -1058 -3413 (* - street addresses are currently being determined for the above lots) as Residentially Distressed Areas; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: REGULAR MEETING APRIL 13, 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 the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new 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. D. The areas (plus any areas previously designated) do not exceed ten percent'(10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and H. 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 also hereby determines and finds the following: A. The deduction will rehabilitated to meet local B. The deduction will rehabilitation is completed the date of the adoption of Common Council. not be allowed unless the dwelling is code standards for habitability. not be allowed unless the dwelling within five (5) calendar years from the Declaratory Resolution by the SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council RESOLUTION NO. 2596 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS #4, 5, 5a, 11, 12, 12a, 13, 13a, 14, 15 AND 16 - SOUTHFIELD SUBDIVISION SECTION la RESIDENTIALLY DISTRESSED AREAS FOR REGULAR MEETING APRIL 13, 1998 PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SFI /LDI PARTNERSHIP WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as Lots #4, 5, 5a, 11, 12, 12a, 13, 13a, 14, 15 AND 16 - Southfield Subdivision Section 1A, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Kev Number 6304 Cedar court Lot #4 Southfield Subdivision Section la 23 -1037- 2073* 6303 Cedar Court Lot #5 Southfield Subdivision Section la 301 Cedar Court Lot #5a Southfield Subdivision Section la 6306 Maple Court Lot #11 Southfield Subdivision section la 6304 Maple Court Lot #12 Southfield Subdivision section la 6302 Maple Court Lot #12a Southfield Subdivision section la 6301 Maple court Lot #13 Southfield Subdivision 'Section la 6303 Maple Court Lot #13a Southfield Subdivision section la 6305 Maple Court Lot #14 Southfield Subdivision Section la 6307 Maple Court Lot #15 Southfield Subdivision Section la 6309 Maple Court Lot #16 Southfield Subdivision Section la (* - the master key number s currently being split and separate key numbers will be assigned to each of the above lots) as Residentially Distressed Areas; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new 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. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment REGULAR MEETING APRIL 13, 1998 is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and H. 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 also hereby determines and finds the following: A. The deduction will rehabilitated to meet local B. The deduction will rehabilitation is completed the date of the adoption of Common Council. not be allowed unless the dwelling is code standards for habitability. not be allowed unless the dwelling within five (5) calendar years from the Declaratory Resolution by the SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council RESOLUTION NO. 2597 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SFI /LDI PARTNERSHIP WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as lot 103, 104, 106, 107, 108, 110, 111, 112, 113, 114, 115, South Bend, Indiana, and which are more particularly described as follows: 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 1 F-J 1 REGULAR MEETING APRIL 13. 1998 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) as Residentially Distressed Areas; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new 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. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and H. 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 also hereby determines and finds the following: A. The deduction will rehabilitated to meet local B. The deduction will rehabilitation is completed the date of the adoption of Common Council. not be allowed unless the dwelling is code standards for habitability. not be allowed unless the dwelling within five (5) calendar years from the Declaratory Resolution by the SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. REGULAR MEETING APRIL 13, 1998 SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolutions at this time. Mike Urbanski, 17874 SR 23, made the presentations for the resolutions. He reported this was an area where there is middle to upper - priced homes will be built. He asked for the Council's consideration. Council Member Kelly made a motion to adopt Resolution No. 2595 -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. 2596- 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. 2597 -98, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2598 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN A 202, 206, 210, 214, 218, 222, 226, 230 ASHBURY COURT RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES BY E.L., INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as 202, 206, 210, 214, 218, 222, 226, 230 Ashbury Court, South Bend, Indiana, and which are 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). WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that REGULAR MEETING APRIL 13, 1998 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 the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new 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. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and H. 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 Coi the following: A. The deduction will rehabilitated to meet local B. The deduction will rehabilitation is completed the date of the adoption of Common Council. zncil also hereby determines and finds not be allowed unless the dwelling is code standards for habitability. not be allowed unless the dwelling within five (5) calendar years from the Declaratory Resolution by the SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Mike Urbanski, 17874 SR 23, made the presentation for the resolution. He reported this area is comprised of $150,000 to $225,000 homes. He asked for the Council's consideration. Council Member Pfeifer made a motion to adopt this resolution, seconded by council Member Aranowski. The resolution was adopted by a roll call vote of eight ayes. REGULAR MEETING APRIL 13, 1998 RESOLUTION NO. 2599 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WOODFIELD DOWN, INC. D.B.A. OAKWOOD VILLAGE WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as 2204, 2208, 2212, 2220, 2310, 2314, 2207, 2211, 2215, AND 2301 Oakwood Park Drive, South Bend, Indiana, and which are 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; as Residentially Distressed Areas; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12,1 -2..5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se_,{e . , for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new 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. D REGULAR MEETING APRIL 13, 1998 D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and H. 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 Co the following: A. The deduction will rehabilitated to meet local B. The deduction will rehabilitation is completed the date of the adoption of Common Council. ancil also hereby determines and finds not be allowed unless the dwelling is code standards for habitability. not be allowed unless the dwelling within five (5) calendar years from the Declaratory Resolution by the SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Tim Murray 51716 Darthmore, advised they anticipated selling the lots faster with this abatement. Council Member Pfeifer 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. 2600 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CROSS CREEK, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly REGULAR MEETING APRIL 13, 1998 known as 1725 Eagle Point Drive, 4140 Spring Hill Ct., 4131, 4132 Green Glade Ct., 4206, 4308, 4335, 4347 Cross Creel Drive, and 2206, 4335, 4343, 4349, 4357,43691 4373, 4346,4316, 4347, 4370, 4360 Foxfire Drive, South Bend, Indiana, and which are more particularly described as follows: Cross Creek Lot 3, Cross Creek Sec Three Part One Lot 72, Cross 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 1010- 036887, 25- 1010 - 036893, 1010 - 036511, 25- 1010 - 036517, 1010 - 036542, 25- 1010 - 036544, 1010 - 036578, 25- 1010 - 036549, 1010 - 036580, 25- 1010 - 036585, Distressed Area; and 25- 1010 - 036903, 25 -1010- 036849, 25- 1010 - 036602, 25- 1010 - 036558, 25 -1010- 036557, be designated a 25- 1010 - 036882, 25- 25- 1010 - 036855, 25- 25- 1010 - 036531, 25- 25 -1010- 036564, 25- 25- 1010 - 036579, 25- 2 a Residentially WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12,1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new 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. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and 1 1 1 REGULAR MEETING APRIL 13, 1998 H. 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 Coi the following: A. The deduction will rehabilitated to meet local B. The deduction will rehabilitation is completed the date of the adoption of Common Council. ancil also hereby determines and finds not be allowed unless the dwelling is code standards for habitability. not be allowed unless the dwelling within five (5) calendar years from the Declaratory Resolution by the SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Tim Murray 51716 Darthmore, indicated the homes built on these lots will be middle - priced. He advised they anticipate a faster sell with the passage of this resolution. 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. 2601 -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 3432, 3431, 3423, 3415, 3409, 3359, 3343, 3335, 3230, 3352, 3344, 3336, 3424 TOPSFIELD ROAD, 3410, 3418, 3426, 3434, 3440, 3433, 3425, 3417, 3409 MEADOW HILL DR., 3334, 3342, 3350, 3366, 3373, 3374 DEER LAKE DR., AND 2602 TWIXWOOD AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TOPSFIELD ROAD DEVELOPMENT CORP WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 3432, 3431, 3423, 3415, 3409, 3359, 3343, 3335, 3230, 3352 3344, 3336, 3424 Topsfield Road, 3410, 3418, 3426, 3434, 3440, 3433, 3425, 3417, 3409 Meadow Hill Dr., 3334, 3342, 3350, 3366, 3373, 3374 Deer Lake Dr., and 2602 Twixwood, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 3432 Topsfield Road Lot # 1 Sec 2 Deer Run @ Topsfield 261001000149 REGULAR MEETING APRIL 13, 1998 3431 Topsfield Road Lot # 2 Sec 2 Deer Run @ Topsfield 261001000150 3423 Topsfield Road Lot # 3 Sec 2 Deer Run @ Topsfield 261001000151 3415 Topsfield Road Lot # 4 Sec 2 Deer Run @ Topsfield 261001000152 . 3409 Topsfield Road Lot # 5 Sec 2 Deer Run @ Topsfield 261001000153 3359 Topsfield Road Lot # 6 Sec 2 Deer Run @ Topsfield 261001000154 3343 Topsfield Road Lot # 8 Sec 2 Deer Run @ Topsfield 261001000156 3335 Topsfield Road Lot # 9 Sec 2 Deer Run @ Topsfield 261001000157 3230 Topsfield Road Lot # 13 Sec 1 Deer Run @ Topsfield 261001000135 3352 Topsfield Road Lot # 35 Sec 2 Deer Run @ Topsfield 261001000172 3344 Topsfield Road Lot # 36 Sec 2 Deer Run @ Topsfield 261001000173 3336 Topsfield Road Lot # 37A Sec 2 Deer Run @ Topsfield 261001000143 3424 Topsfield Road Lot # 49 Sec 2 Deer Run @ Topsfield 261001000180 3334 Deer Lake Drive Lot # 21 Sec 2 Deer Run @ Topsfield 261001000158 3342 Deer Lake Drive Lot # 22 Sec 2 Deer Run @ Topsfield 261001000159 3350 Deer Lake Drive Lot # 23 Sec 2 Deer Run @ Topsfield 261001000160 3366 Deer Lake Drive Lot # 33 Sec 2 Deer Run @ Topsfield 261001000170 3373 Deer Lake Drive Lot # 34 Sec 2 Deer Run @ Topsfield 261001000171 3374 Deer Lake Drive Lot # 48 Sec 2 Deer Run @ Topsfield 261001000179 3410 Meadow Hill Drive Lot # 24 Sec 2 Deer Run @ Topsfield 261001000161 3418 Meadow Hill Drive Lot # 25 Sec 2 Deer Run @ Topsfield 261001000162 3426 Meadow Hill Drive Lot # 26 Sec 2 Deer Run @ Topsfield 261001000163 3434 Meadow Hill Drive Lot # 27 Sec 2 Deer Run @ Topsfield 261001000164 3440 Meadow Hill Drive Lot # 28 Sec 2 Deer Run @ Topsfield 261001000165 3433 Meadow Hill Drive Lot # 29 Sec 2 Deer Run @ Topsfield 261001000166 3425 Meadow Hill Drive Lot # 30 Sec 2 Deer Run @ Topsfield 261001000167 3417 Meadow Hill Drive Lot # 31 Sec 2 Deer Run @ Topsfield 261001000168 3409 Meadow Hill Drive Lot # 32 Sec 2 Deer Run @ Topsfield 261001000169 2602 Twixwood Lot # 38 Sec 1 Deer Run @ Topsfield 261001000144 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 secl., 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 I REGULAR MEETING APRIL 13, 1998 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; 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. REGULAR MEETING APRIL 13. 1998 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. Council Member Kelly reported that Community and Economic Development Committee had met on this resolution and recommends it to the Council favorable. Jim Rans, 17690 St. Patrick's Ct., made the presentation for the resolution. He reported that the City needs homes built in the higher priced areas, however, without abatement taxes run approximately $8,000 on up. He indicated this abatement will be a tool in selling the lots. 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. RESOLUTION NO. 2602 -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 1746, 1742, 1738, 1734, 1730, 1726, 1722, 1737, 1741, 1745, 1753, 1757, 1913, 1909, 1902, 1908, 1914, NORTH FREMONT ST., 1758, 1754, 1750, 1801, 1813, 1819, 1823, 1821, 1833, 1837, 1841, 1845, 1849, 1853, 1857, 1865, 1861, 1910, NORTH MEADE ST., 1202 E. BISSELL ST., AND 1142 E. SORIN STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY 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 1746, 1742, 1738, 1734, 1730, 1726, 1722, 1737,1741, 1745, 1753, 1757, 1913, 1909, 1902, 1908, 1914, North Fremont St., 1758, 1754, 1750, 1801, 1813, 1819, 1823, 1827, 1833, 1837, 1841, 1845, 1849, 1853, 1857, 1865, 1861, 1910, North Meade St., 1202 E. Bissell St., and 1142 E. Sorin Street, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 1746 N. Fremont St. Lot 289 Vernon Heights 18- 2104 -3894 1742 N. Fremont St. Lot 290 Vernon Heights 18- 2104 -3896 1738 N. Fremont St. Lot 291 Vernon Heights 18- 2104 -3898 1734 N. Fremont St. Lot 292 Vernon Heights 18- 2104 -3900 1730 N. Fremont St. Lot 293 Vernon Heights 18- 2104 -3902 1726 N. Fremont St. Lot 294 Vernon Heights 18- 2104 -3904 1722 N. Fremont St. Lot 295 Vernon Heights 18- 2104 -3906 1737 N. Fremont St. Lot 310 Vernon Heights 18- 2103 -3869 1741 N. Fremont St. Lot 311 Vernon Heights 18- 2103 -3867 1745 N. Fremont St. Lot 312 Vernon Heights 18- 2103 -3865 1753 N. Fremont St. Lot 314 Vernon Heights 18- 2103 -3861 1757 N. Fremont St. Lot 315 Vernon Heights 18- 2103 -3859 1758 N. Meade St. Lot 346 Vernon Heights 18- 2103 -3858 1754 N. Meade St. Lot 347 Vernon Heights 18 -2103 -3860 1 D L' REGULAR MEETING APRIL 13, 1998 1750 N. Meade St. Lot 348 Vernon Heights 18- 2103 -3862 1801 N. Meade St. Lot 376 Vernon Heights 18- 2098 -3725 1813 N. Meade St. Lot 379 Vernon Heights 18- 2098 -3719 1819 N. Meade St. Lot 380 Vernon Heights 18- 2098 -3717 1823 N. Meade St. Lot 381 Vernon Heights 18- 2098 -3715 1827 N. Meade St. Lot 382 Vernon Heights 18- 2098 -3713 1833 N. Meade St. Lot 384 Vernon Heights 18- 2098 -3709 1837 N. Meade St. Lot 385 Vernon Heights 18- 2098 -3707 1841 N. Meade St. Lot 386 Vernon Heights 18- 2098 -3705 1 845 N. Meade St. Lot 387 Vernon Heights 18- 2098 -3703 1849 N. Meade St. Lot 388 Vernon Heights 18- 2098 -3701 1853 N. Meade St. Lot 389 Vernon Heights 18- 2098 -3699 1857 N. Meade St. Lot 390 Vernon Heights 18- 2098 -3697 1865 N. Meade St. Lot 533 Vernon Heights 18- 2098 -3693 1861 N. Meade St. Lot 534 Vernon Heights 18- 2098 -3695 1910 N. Meade St. Lot 539 Vernon Heights 18- 2096 -3645 1913 N. Fremont St. Lot 560 Vernon Heights 18- 2096 -3600 1909 N. Fremont St. Lot 561 Vernon Heights 18- 2096 -3646 1902 N. Fremont St. Lot 569 Vernon Heights 18- 2096 -3600 1908 N. Fremont St. Lot 570 Vernon Heights 18- 2096 -3647 1914 N. Fremont St. Lot 571 Vernon Heights 18- 2096 -3695 1202 E. Bissell St. Lot 101 Park Place 2nd Add 18 -5085 -3015 1142 Sorin Street Lot 12 Park Place 1 st Add 18 -5082 -2862 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 REGULAR MEETING and IC 6- 1.1 -25; or APRIL 13, 1998 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; and D. That the totality of benefits is sufficient to justify the requested deduction', all of'which satisfy the requirements of Indiana Code 6 -11- 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 C T. 17 �111-1177 REGULAR MEETING APRIL 1.3, 1998 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. Isl 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 17874 SR 23, made the presentation for the resolution. He reported he was chairman of the site selection for Habitat and they are hoping to build , twelve to fifteen houses. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Ujdak. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2603 -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 5101 WEST COLFAX, 125, 129, 133, 137 KALEY .STREET, 2645, 2651, 2655 WEST HOLLAND STREET, 1708, 1712 SOUTH TAYLOR STREET, AND 2131 MORRIS STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES 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 5101 West Colfax, 125, 129, 133, 137 Kaley Street, 2645, 2651, 2655 West Holland Street, 1708, 1712 South Taylor Street, and 2131 Morris Street, South Bend, Indiana, and which are more particularly described as follows: Street Address 5101 West Colfax 125 Kaley Street 129 Kaley Street 133 Kaley Street 137 Kaley Street 2645 West Holland 2651 West Holland 2655 West Holland 1708 South Taylor 1712 South Taylor 2131 Morris Street be designated provisions of Municipal Cod e Legal Description Key Number Lot 172 Portage Gdn 18- 2224 -8405 Lot 1024 & So %2 vac alley N 18 -4032 -1153 & adj Summit PI 3rd addn Lot 1025 Summit P1 Addn 18 -4032 -1154 Lot 1026 Summit P1 Addn 18 -4032 -1155 Lot 1027 Summit PI Addn 18 -4032 -1156 Lot 705 & E % vac alley 18 -4029 -1044 W & adj Summit PI 3rd Addn Lot 703 & E 18.98' Lot 704 18 -4029- 104601 Summit Place 3rd Addn Lot 700 Summit PI 3rd 18 -4029 -1049 N' /z Lot 38 So Bend & 18- 8029 -1171 Gary Land Company S % Lot 38 So Bend & 18- 8029 -1172 Gary Land Company Lot 23 Sumption Prairie 18- 8061 -2434 Avenue Addition as a Residentially Distressed Area under the Indiana Code 6 -1.1 -12.1 et sea., and South Bend 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, Avenue Addition as a Residentially Distressed Area under the Indiana Code 6 -1.1 -12.1 et sea., and South Bend 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, REGULAR MEETING APRIL 13, 1998 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 sec'., 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; 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. 1 1 REGULAR MEETING APRIL 13, 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. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Mike Urbanski, 17874 SR 23, made the presentation for the resolution. He asked for the Council's consideration of the resolution. Council Member Broden made a motion to adopt the resolution, seconded by Council Member Ujdak. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2604 -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 2230 N. HUEY STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR LEE D. ROSS AND STARLA A. ROSS 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 2230 N. Huey Street, South Bend, Indiana, and which is more particularly described as follows: A lot or parcel of land in the West Half of the Northeast Quarter Section Number Thirty -four (34), Township Thirty -eight (38) North Range Two (2) East. REGULAR MEETING APRIL 13, 1998 and which has tax Key Number 18- 2114 -4183, 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 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 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 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 REGULAR MEETING APRIL 13, 1998 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 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 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 2230 N. Huey Street is declared a residentially distressed 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 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. Council Member reported that the Community and Economic Development Committee had met on this resolution and recommends it to the Council favorable. Lee Ross, 2230 N. Huey, made the presentation or the resolution. He advised the Council that when they purchased their home they were told they would get a tax REGULAR MEETING APRIL 13, 1998 abatement, however, we were misinformed. He indicated they were asking for an exception in order that they could get the abatement at this time. Council Member Varner made a motion to adopt the resolution, seconded by Council Member Ujdak. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2605 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /RECYCLING OPERATIONS AND TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 1998. WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk /scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk /and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk /and recycling dealers; WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk/ and recycling operations have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on March 30, 1998, recommended the issuance of licenses for the below listed applicants in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, - as follows: SECTION I. That the license applications for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made in March, 1998, and subsequent favorable recommendation by the Board of Public Works: A -1 Auto Parts Boliden Metech, Inc. Hurwich Iron Company, Inc. Hurwich Iron Company, Inc. Hurwich Iron Company, Inc. Hurwich Iron Company, Inc. Western Avenue Iron & Metal Co. South Bend Baling & Iron Company South Bend Iron & Metal Company South Bend Scrap South Bend Scrap & Processing Div. South Bend Waste paper Company Steve & Gene's Auto Truck Salvage Super Auto Salvage Corporation Weaver Truck & Equipment' Company Northside Iron & Metal Company 2014 S. Lafayette Blvd. 445 N. Sheridan 2016 W. Washington 1610 Circle Ave. 1700 S. Lafayette Blvd. 1602 S. Lafayette Blvd. 3123 S. Gertrude St. 1420 S. Walnut St. 429 W. Indiana Ave. 1305 Prairie 3114 S. Gertrude St. 1529 S. Franklin St. 3109 S. Gertrude St. 3300 S. Main 3100 S. Gertrude St. 3123 S. Gertrude St. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council REGULAR MEETING <..:;; APRIL 13, 1998 A public hearing was held on the resolution at this time. Kathy Dempsey, director of Code Enforcement, made the presentation for the resolution. She indicated this was an annual resolution renewing the licenses for all of the junk yards in South Bend. Council Member Ujdak 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. 2606 -98 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM VARIOUS FUNDS TO THE VARIOUS FUNDS WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA It is necessary to provide funds for the General Fund, Park Maintenance Fund, and Cumulative Capital Improvement Fund prior to the receipt of taxes in the year 1997 in order to meet the current operating expenses of the City, provided for in the budget adopted for the year 1997. There are monies on deposit to the credit of various funds of the City, to -wit: The Liability Insurance Premium and Reserve Fund, the Sewage works Depreciation Fund, the Sewage Works Operation and Maintenance Reserve Fund, which can be temporarily advanced or transferred to the various funds already mentioned. Indiana Code 36 -1 -8 -4 authorizes the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such a period of time as may be prescribed in the Resolution. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: Section I. The City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $8,200,000 to various funds from various funds as listed below. The aggregate amount of $8,200,000 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid by December 31, 1997. FROM: MAXIMUM TO: MAXIMUM Liability Insurance $1,000,000 General Fund $7,000,000 Premium & Reserve Park Maintenance 1,000,000 Fund Sewage Works 41100,000 Cumulative Capital 200,000 Depreciation Improvement Fund Sewage Works 3,100,000 Operation and Main - tence Reserve TOTAL 8,200,000 8,200,000 Section II. Such transfer shall be made for a period of time not to extend beyond December 31, 1998, and such funds t o be transferred shall be returned and repaid to the original funds from which they were transferred. Section III. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Seam Coleman REGULAR MEETING APRIL 13, 1998 Member of the Common Council A public hearing was held on the resolution at this time. Kay Pola, Administration and Finance, made the presentation for the resolution. She reported this was an annual transfer idle funds prior to the tax distribution. She informed the Council that this transfer would not extend beyond December 31, 1998. 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. BILLS, FIRST READING BILL NO. 35 -98 A BILL AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A TAYLOR'S FIELD HISTORIC PRESERVATION DISTRICT This bill had first reading. Council Member Varner made a motion to refer this bill to Area Plan, seconded by Council Member Broden. The motion carried. BILL NO. 36 -98 A BILL AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A NORTH ST. JOSEPH STREET HISTORIC PRESERVATION DISTRICT This bill had first reading. Council Member Varner made a motion to refer this bill to Area Plan, seconded by Council Member Broden. The motion carried. BILL NO. 37 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1735 CALVERT, 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 Kelly. The motion carried. BILL NO. 38 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF IROQUOIS STREET FROM THE SOUTH RIGHT -OF -WAY OF WEST ANGELA BOULEVARD FOR A DISTANCE OF APPROXIMATELY 110 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN NORTH SHORE TERRACE, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ALSO, THE FIRST NORTH -SOUTH ALLEY WEST OF IROQUOIS STREET FROM THE NORTH RIGHT - OF -WAY OF OSTEMO AVENUE TO THE SOUTH RIGHT - OF -WAY OF THE FIRST EAST -WEST ALLEY NORTH OF OSTEMO AVENUE FOR A DISTANCE OF APPROXIMATELY 120 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN NORTH SHORE TERRACE, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property vacation Committee and set it for public hearing and third reading on April 27, seconded by Council Member Aranowski. The motion carried. BILL NO. 39 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF SOUTH MICHIGAN FROM THE NORTH RIGHT -OF -WAY OF EAST IRVINGTON STREET TO THE SOUTH ANGLE OF THE FIRST EAST /WEST ALLEY NORTH OF EAST IRVINGTON STREET FOR A DISTANCE OF APPROXIMATELY 117 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN IRVINGTON SUBDIVISION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 1 1 REGULAR MEETING APRIL 13, 1998 This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property vacation Committee and set it for public hearing and third reading on April 27, seconded by Council Member Aranowski. The motion carried. BILL NO. 40 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED .PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH /SOUTH ALLEY EAST OF SOUTH OLIVE STREET FROM THE NORTH RIGHT- OF -WAY OF WEST DUBAIL STREET TO THE SOUTH RIGHT -OF -WAY OF THE VACATED PORTION OF THE ALLEY IN LINE EAST AND WEST OF THE SOUTH PROPERTY LINES OF LOTS 131 AND 88, FOR A DISTANCE OF APPROXIMATELY 240 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN SOUTH BEND INDUSTRIAL ADD., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Public Works and Property vacation Committee and set it for public hearing and third reading on April 27, seconded by Council Member Broden. The motion carried. Council Member Coleman announced that TRANSPO wanted to make a report to the Council, on April 27. However, details have not been worked out. He will let the Council know when final plans have been made. There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 8:48 p.m. ATTEST: J ty ATTEST: President