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HomeMy WebLinkAbout04-27-98 Council Meeting minutesREGULAR MEETING APRIL 27,1998 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 27G, 1998, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, Broden, Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the April 13, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Kelly made a motion that the minutes of the April 13, 1998, meeting be accepted and placed on file, seconded by Council Member Aranowski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2607 -98 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 Whereas, the Common Council of the City of south Bend, Indiana, proudly acknowledges that on Tuesday, March 17, 1998, the Bethel Pilots defeated Oregon Tech by a score of 89 to 87 in the championship game of the Idaho Center in Nampa, Idaho; and Whereas, the Bethel Pilots benchmark for the season was "the heart of a champion should never be underestimated" as this championship team captured its second consecutive title and third championship in the past four (4) years; and Whereas, Coach Mike Lightfoot has been at the helm of the Pilots Mens Basketball team for eleven (11) years, and has won 342 games for an 82.8% winning percentage, the best percentage among NAIA coaches with ten years of experience; and Whereas, Coach Lightfoot has surrounded himself with Coaching Assistants Scott LaPlace for 11 seasons, Todd Gongwer for 6 seasons and Chris Hess for 4 seasons; and Whereas, the 1998 Bethel Pilots 37 -3 record was earned by the team efforts of: Jamie Bales Ryan Bales Eric Brand Barak Coolman Michael Edison Brenton Fish Andy Ganger Adam Goad J.D. Hershberger Jeff Hobson Danny Randolph Matt Spivey Rico Swanson Ryan Thomas Ryan Watson Eli Watson James Williams Student Managers 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 REGULAR MINUTES APRIL 27,1998 Bend, Indiana, the Common Council hereby publicly commends the Bethel College Mens Basketball Team for winning the 1998 NAIA Division II National Championship. Section II. The South Bend Common Council THANKS the Bethel College administration, faculty, staff, and student body; and especially Coach Lightfoot, his staff, players parents and fans of the championship Pilots for creating a winning combination of maximizing the talents and abilities of our youth and providing a touchstone for others to emulate. 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 Kelly made the presentation. He read the resolution and presented a copy to Coach Lightfoot and members of the team. Council Member Varner Made a motion to adopt this resolution unanimously, seconded by Council Member Broden. The resolution was adopted. Coach Lightfoot presented a basketball signed by all Bethel players to the Council. Council Member Ujdak announced there would be a Residential Neighborhood Committee meeting Wednesday, at 6:30 p.m., for a presentation on the River Park Neighborhood Plan. Council Member Kelly reported that Karen Copley, would be the Council's business representative on the Urban Enterprise Board; Conrad Damian has reappointed as the residential member; and the Council is still seeking a republican member for the Board. Council Member Hosinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Sniadecki. 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 nine members present. Chairman Coleman presiding. 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 REGULAR MINUTES APRIL 27,1998 OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council unfavorable. David Thorla, 548 W. Angela, made the presentation for the bill. He reported they would like to close this alley for the safety of the children. He advised that his backdoor opened out on the alley and the traffic on the alley makes it a dangerous situation. Jim Donnelly, 545 W. Ostemo, indicated that his property is adjacent to the alley and drivers come through the alley at excessive speed. Manford Douglas, 601 W. Ostemo, spoke in favor of the vacation. Robert Howlands, 548 Angela, indicated three cars have ended up in his front yard this year, and he was concerned about safety. James Crance, 608 W. Angela, indicated he was the spokesperson for twenty -seven people who signed a petition opposing this vacation. Council Member Kelly made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Varner. 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 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Randy Rompola, attorney, made the presentation for the bill. He reported that his client, James Frick, purchased a building on Michigan Street and is currently in the process of renovating it. He advised that they were requesting the vacation of this portion of the alley to allow for a more efficient utilization of his property. He indicated the alley presently divides the building and the parking lot. Council Member Hosinski made a motion to recommend this bill to the Council favorable, 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. John Kaser, indicated he was in the process of purchasing the property at 1630 S. Olive, and he was asking for this vacation of a paper alley and in order to extend this property line. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Varner. The motion carried. REGULAR MINUTES REGULAR MEETING RECONVENED APRIL 27,1998 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: ATTEST y C1 r Ch rman BILLS, THIRD READING NO. a t g g: AN ORDINANCE 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 third reading. Council Member Varner made a motion to defeat this bill, seconded by Council Member Ujdak. The motion carried. ORDINANCE NO. 8907 -98 AN ORDINANCE 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 This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 890 -98 AN ORDINANCE 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 third reading. Council Member Kellyt made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. RESOLUTIONS REGULAR MINUTES APRIL 27,1998 RESOLUTION NO. 2608 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1933 N. MEADE ST., 1934 N. FREMONT ST., 2613, 2607, 2603, 2522, 2526, 2530, 2513, 2509, 2505, 2432, 2422, W. LINDEN ST., 1238 KINYON ST., 2013 W. HAMILTON, 1226 EAST CEDAR ST., 1230 SOUTH BEND AVENUE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES 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 1933 N. Meade St., 1934 N. Fremont St., 2613, 2607, 2603, 2522, 2526, 2530, 2513, 2509, 2505, 2432, 2422, W. Linden St., 1238 Kinyon St., 2013 W. Hamilton, 1226 East Cedar St., 1230 South Bend Avenue, South Bend, Indiana, and which are more particularly described as follows: 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 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 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 secr., for tax abatement. 1 1 REGULAR MINUTES APRIL 27,1998 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. 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 -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) years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the 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 State Road 23, made the presentation for the resolution. He informed the Council that, as in the past, the REGULAR MINUTES granting of tax abatement is a definite purchase a home in the City. He asked for Council Member Hosinski made a motion t o seconded by Council Member Aranowski. Th e by a roll call vote of nine ayes. APRIL 27,1998 plus for the people to favorable consideration. adopt the resolution, resolution was adopted RESOLUTION NO. 2609 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TOPSFIELD ROAD DEVELOPM13NT CORP. 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 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 Descri tp ion Key Number 3432 Topsfield Road Lot # 1 Sec 2 Deer Run @ Topsfield 261001000149 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 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 REGULAR MINUTES APRIL 27,1998 x 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 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 -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) years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the 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 REGULAR MINUTES APRIL 27,1998 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. Jim Rans, president of Topsfield Road Development Corp., made the presentation for the resolution. He reported that thirteen houses have been built in this development and they are paying approximately $11,000 in taxes, opposed to the empty lots that are bring in $47.00 a year. He indicated the City needs to broaden their tax base and residential abatement is a aid. Mike Urbanski, 17874 State Road 23, spoke in favor of this abatement indicating that the Southfield Subdivision was practically dead before the abatement and we have commitments on five lots in that subdivision since the abatement was passed. Tom Burzycki, 2716 Twixwood, indicated he attempted to get two friends to purchase lots in Deer Run, however, they moved to the County because of the taxes, so these abatements will help. Joyce Boaler, South bend, spoke against this abatement. Rita Kopola, 66559 Ivy Road, Lakeville, spoke against the abatement. Greg Bock, 16490 Ronnie Dr., Penn Township Assessor, indicated this abatement will create a huge inequity in assess value. He indicated that from his standpoint the Council was leaving itself wide open for every developer to ask for some kind of abatement. Jim Cierzniak, 1156 E. Victoria, questioned the amount of taxes that will be paid. There was discussion by the Council, and an explanation that this is the only way the City can grow, due to the ban on annexation. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Broden. The motion'carried. RESOLUTION NO. 2610 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1746, 1742, 174§,'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 RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY 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 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. Bissel 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 D 1 i REGULAR MINUTES APRIL 27,1998 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 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 1845 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 as a 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 seer., 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; REGULAR MINUTES APRIL 27,1998 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 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 -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) years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the 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 State Road 23, made the presentation for the resolution. He advised he was a member of the Board of Directors of Habitat, and this is definitely going to help them. He indicated the Council's support was appreciated. Council Member Broden made a motion to adopt the resolution, seconded by Council Member Pfeifer. The resolution was adopted by a roll call vote of eight ayes (Council Member Hosinski was absent from the Chambers). Council Member Broden moved to reconsider the vote, upon Council Member Hosinski return, however, the motion was withdrawn and the vote remains eight ayes. E 1 1 REGULAR MINUTES APRIL 27,1998 RESOLUTION NO. 2611 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES 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 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 Legal Description 5101 West Colfax Lot 172 Portage Gdn 125 Kaley Street Lot 1024 & So %2 vac alley N & adj Summit PI 3rd addn 129 Kaley Street Lot 1025 Summit PI Addn 133 Kaley Street Lot 1026 Summit P1 Addn 137 Kaley Street Lot 1027 Summit PI Addn 2645 West Holland Lot 705 & E' /z vac alley W & adj Summit PI 3rd Addn 2651 West Holland Lot 703 & E 18.98' Lot 704 Summit Place 3rd Addn 2655 West Holland Lot 700 Summit PI 3rd 1708 South Taylor N %z Lot 38 So Bend & Gary Land Company 1712 South Taylor S' /z Lot 38 So Bend & Gary Land Company 2131 Morris Street Lot 23 Sumption Prairie Avenue Addition as Residentially Distressed Areas; and Key Number 18- 2224 -8405 18 -4032 -1153 18- 4032 -1154 184032 -1155 18 -4032 -1156 184029 -1044 184029- 104601 18 -4029 -1049 18- 8029 -1171 18- 8029 -1172 18- 8061 -2434 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 REGULAR MINUTES APRIL 27,1998 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 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 -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) years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the 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 State Road 23, made the presentation for the resolution. He asked for the Council support in continuing to pass residential tax abatements. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Ujdak. The resolution was adopted by a roll call vote of eight ayes (Council Mmber Sniadecki was absent from the Chambers). RESOLUTION NO. 2612 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2230 N. 1 1 REGULAR MINUTES APRIL 27,1998 HUEY STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR LEE D. ROSS AND STARLA A. ROSS 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 purposes of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2230 N. Huey Street, South Bend, Indiana, and which are 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 and which has tax Key Number 18 2114 4183, as a residentially distressed area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed 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 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: REGULAR MINUTES APRIL 27,1998 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 -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) years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council further exercises its authority to waive certain compliance requirements of Indiana Code 6 -1.1- 12,1 -1 et seq., 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 From 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 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. Lee Ross, petitioner, made the presentation for the bill. He indicated they were asking for tax abatement for their property, as he was told by the builder to apply for the abatement after the house was built and that was not true. He asked for the Council's favorable consideration. 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 (Council Member Sniadecki was absent from the Chambers.) RESOLUTION NO. 2613 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS #1, 2, 3, 4,5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 HARVEST POINTE SUBDIVISION AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BEELER & BROWN PROPERTIES, LLC AND DAVEY, LLC 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 REGULAR MINUTES APRIL 27,1998 of South Bend, Indiana requesting that the area commonly known as Lots #1, 2, 3, 4, 5, 61 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 Harvest Pointe Subdivision, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 4101 Ashard Drive Lot #1 Harvest Pointe Subdivision 2 5 - 1 0 1 3 - 020702* or 4433 Harvest Pointe Drive ** 4109 Ashard Drive Lot #2 Harvest Pointe Subdivision 4117 Ashard Drive Lot #3 Harvest Pointe Subdivision 4201 Ashard Drive Lot #4 Harvest Pointe Subdivision 4209 Ashard Drive Lot #5 Harvest Pointe Subdivision 4217 Ashard Drive Lot #6 Harvest Pointe Subdivision 4218 Ashard Drive Lot #7 Harvest Pointe Subdivision 4210 Ashard Drive Lot #8 Harvest Pointe Subdivision 4202 Ashard Drive . Lot #9 Harvest Pointe Subdivision 4118 Ashard Drive Lot #10 Harvest Pointe Subdivision 4110 Ashard Drive Lot #I I Harvest Pointe Subdivision 4102 Ashard Drive Lot #12 Harvest Pointe Subdivision or 4407 Harvest Pointe Drive ** 4101 Cherry Pointe Drive Lot #13 Harvest Pointe Subdivision or 4401 Harvest Pointe Drive ** 4109 Cherry Pointe Drive Lot #14 Harvest Pointe Subdivision 4117 Cherry Pointe Drive Lot #15 Harvest Pointe Subdivision 4201 Cherry Pointe Drive Lot #16 Harvest Pointe Subdivision 4209 Cherry Pointe Drive Lot #17 Harvest Pointe Subdivision 4217 Cherry Pointe Drive Lot #18 Harvest Pointe Subdivision 4218 Cherry Pointe Drive Lot #19 Harvest Pointe Subdivision 4210 Cherry Pointe Drive Lot #20 Harvest Pointe Subdivision 4202 Cherry Pointe Drive Lot #21 Harvest Pointe Subdivision 4118 Cherry Pointe Drive Lot #22 Harvest Pointe Subdivision 4033 Cherry Pointe Drive Lot #23 Harvest Pointe Subdivision or 4402 Harvest Pointe Drive ** 4410 Harvest Pointe Drive Lot #24 Harvest Pointe Subdivision 4418 Harvest Pointe Drive Lot #25 Harvest Pointe Subdivision 4426 Harvest Pointe Drive Lot #26 Harvest Pointe Subdivision 4434 Harvest Pointe Drive Lot #27 Harvest Pointe Subdivision 4433 Whitefeather Drive Lot #28 Harvest Pointe Subdivision 4425 Whitefeather Drive Lot #29 Harvest Pointe Subdivision 4417 Whitefeather Drive Lot #30 Harvest Pointe Subdivision 4409 Whitefeather Drive Lot #31 Harvest Pointe Subdivision 4401 Whitefeather Drive Lot #32 Harvest Pointe Subdivision or 4025 Cherry Pointe Drive ** 4434 Whitefeather Drive Lot #33 Harvest Pointe Subdivision 4426 Whitefeather Drive Lot #34 Harvest Pointe Subdivision 4418 Whitefeather Drive Lot #35 Harvest Pointe Subdivision 4410 Whitefeather Drive Lot #36 Harvest Pointe Subdivision 4402 Whitefeather Drive Lot #37 Harvest Pointe Subdivision or 4001 Cherry Pointe Drive ** 4002 Cherry Pointe Drive Lot #38 Harvest Pointe Subdivision 4010 Cherry Pointe Drive Lot #39 Harvest Pointe Subdivision 4018 Cherry Pointe Drive Lot #40 Harvest Pointe Subdivision 4026 Cherry Pointe Drive Lot #41 Harvest Pointe Subdivision (* - the master key number is currently being split and separate key numbers will be assigned to each of the above addresses/lots). ( ** - designates corner lots which may have one or the other street address listed). REGULAR MINUTES APRIL 27.1998 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 seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as 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 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 REGULAR MINUTES APRIL 27,1998 Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5- 3-1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Christian Davey, 15630 Hearthstone, made the presentation for the resolution. He indicated they are planning to build $165,000 to $200,000 homes, which will aid the City in recouping the investment made in Blackthorn. Jim Cierzniak, 1156 E. Victoria, asked why the City just did not pass a bill that gave any one who built a home tax abatement. It was explained there are State laws that govern tax abatement and only a certain percentage of homes will qualify. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2614 -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 3722 FOUNDATION DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX REGULAR MINUTES APRIL 27,1998 ABATEMENT FOR O -T -D CORPORATION WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3722 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: LOT NUMBERED TWO (2) AS SHOWN ON THE RECORDED PLAT OF METRO - ALEDO MINOR SUBDIVISION, RECORDED OCTOBER 31, 1994 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, AS INSTRUMENT NO. 9440809, SITUATED IN ST. JOSEPH COUNTY, STATE OF INDIANA and this property has Key Number 25 1010 040018, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2- 76 et sea.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2 -76 et sea. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code-6-1.1-12.1-4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as I_- 1 I- REGULAR MINUTES APRIL 27,1998 Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common.Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. William Guinn, chief operating officer, made the presentation for the resolution. He reported they have had significant growth since 1983, and now have 54 full -time employees. We advised they are spending $200,000 on new equipment and will add two full time jobs. Council Member Kelly made a motion to pass this bill, seconded by Council Member Broden. The resolution passed by a roll call vote of nine ayes. RESOLUTION NO. 98 -79 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 1635 S. WARREN ST, 2011, 2013 GERTRUDE ST., 2100 INDIANA ST., 1901 1903, 1905, 1907, 1909 WILLIAM ST. A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BL BUILDERS A public hearing was held on the resolution at this time. Ron Nicodemus, 315 Oak St., Osceola, made the presentation for the resolution. He reported that they anticipated nine new homes. He advised they will be stick home constructed on site. Council Member Ujdak questioned Mr. Nicodemus regarding a house being constructed by BL Builders on Indiana, that has no building permit. Council Member Ujdak made a motion to continue this resolution until May 11, and that sketches and drawings for the type of homes they plan to construct be brought to the Council through the Clerk's office by that date, seconded by Council Member Varner. The motion carried. RESOLUTION NO. 2615 -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 2001 WEST WASHINGTON STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR UNIROYAL TECHNOLOGY CORPORATION WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of REGULAR MINUTES South Bend, Washington, described as PARCEL I requesting South Bend follows: APRIL 27,1998 that the-.area commonly known as 2001 West Indiana, and which is more particularly Lots Numbered 67, 68, 69, 70, 71, 72, 73, 74, 75, 76 and 77 as shown on the recorded plat of Clement Studebaker's Oak Grove Subdivision in the City of South Bend, recorded in Plat Book 7, page 4 in the Office of the Recorder of St. Joseph County, Indiana. EXCEPTION TO PARCEL I A part of Lots Numbered 67 and 68 as shown on the recorded plat of Clements Studebaker's Oak Grove Subdivision in the City of South Bend, which part is bounded by a line running as follows: beginning at a point 35 feet West of the Northeast corner of said Lot Numbered 67; thence running West 36 feet: thence South to the South line of said Lot Numbered 68, thence East on said South line 36 feet; thence North to the place of beginning. PARCEL II Lots Numbered 1, 2, 3, 4, and 5 as shown on he recorded plat of Hosinski's Subdivision of Lot Numbered 43 in College Grove Addition to the City of South Bend, recorded April 6, 1920 in plat book 10, page 103 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III Lots Numbered 28, 29, 30, 31, 32, 33, inclusive and Lots Numbered 44, 45, 46, 47 and 48 and Lots Lettered A as shown on the recorded plat of College Grove, an addition to the Town Now City of South Bend. - PARCEL IV The vacated Grant, Johnson and Brookfield Streets running from the North line of Washington Avenue and the South line of Orange Street; also the vacated Colfax Avenue running from the West line of Jackson Street to the West line of Lot 48 in College Grove Addition extended North; also the vacated alley lying West and adjacent to Lots 1, 2, 3 and 5 Hosinski's Subdivision. PARCEL V An easement from ingress and egress in, upon and over the following described real estate: beginning at a point 4 h feet West of the Northeast corner of Lot 30 in College Grove Addition; thence North on a line parallel to the East line of Lot 30 a distance of 10.00 feet; thence East on a line parallel with the North lines of Lot 29 and 30 a distance of 105.00 feet; thence South on a line parallel to the West lot line of Lot 29 a distance of 10.00 feet to a point on the North line of Lot 29, said point being 37.00 feet East of the Northwest corner of Lot 29; thence West on and along the North line of Lot 29, extended across vacated Johnson Street, and the North line of Lot 30, a distance of 105.00 feet to the point of beginning. and which has Key Number 18- 2003 -0032, 18 -2020 -0590, 18- 2020 -0592, 18- 2020 -0596, 18- 2020 -0599, 18 -2020 -0591, 18- 2020 -0602, 18 -2020- 0605, 18- 2020 -0608, 18- 2020 -0611, 18- 2020 -0618, 18- 2020 -0619, 18- 2020 -0620, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an REGULAR MINUTES APRIL 27,1998 Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq." and South Bend Municipal Code Sections 2 -76 et sea. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. ECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman REGULAR MINUTES APRIL 27,1998 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. Jim Elgin, General manager, made the presentation for the resolution. He reported they moved into their facility in March of 1997 and have invested $8,000,000 in renovation and environmental cleanup. He advised that new equipment, at an estimated cost of $1,068,000, is being added to present lines to increase the capacity of their production. He indicated six new jobs will be created. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 41 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR THE PROPERTIES LOCATED BETWEEN SAMPLE AND TUFT STREETS AND FROM MAIN STREET WEST TO THE FIRST NORTH -SOUTH ALLEY WEST OF MAIN STREET 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. 42 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $300,000 FROM THE CITY OF SOUTH BEND GENERAL FUND TO THE COLLEGE FOOTBALL HALL OF FAME OPERATING FUND This bill had first reading. Council Member Broden made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on May 11, seconded by Council Member Aranowski. The motion carried. BILL NO. 43 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF MAIN STREET FROM THE SOUTH RIGHT -OF -WAY OF WEST NAVARRE STREET TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST /WEST ALLEY SOUTH OF WEST NAVARRE STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN SOUTH BEND (ORIGINAL TOWN), ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Broden 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 May 11, seconded by Council Member Aranowski. The motion carried. BILL NO. 44 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: WEST NAVARRE STREET FROM THE WEST RIGHT -OF -WAY OF NORTH MICHIGAN STREET TO THE EAST RIGHT -OF -WAY OF NORTH MAIN STREET FOR A DISTANCE OF APPROXIMATELY 344 FEET AND A WIDTH OF 82.5 FEET. PART LOCATED IN SOUTH BEND (ORIGINAL TOWN), CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Broden 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 May 11, seconded buy Council Member Aranowski. The motion carried. REGULAR MINUTES APRIL 27,1998 PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke about the lack of revenue for the Hall of Fame. Mike Urbanski, 17874 State Road 23, spoke about the benefits of residential tax abatement. There being unfinished or 9:17 p.m. ATTEST: 4 Cit C rk no further business to come before the Council new, Council Member Coleman adjourned the meeting at ATTEST: President