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HomeMy WebLinkAbout06-22-98 Council Meeting MinutesREGULAR MEETING JUNE 22,1998 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, June 22, 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 Hosinski Absent: Council Member Sniadecki REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the June 8, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Hosinski made a motion that the minutes of the June 8, 1998, meeting be accepted and placed on file, seconded by Council Member Broden. The motion carried. SPECIAL BUSINESS BILL NO. 98 -104 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE HONORABLE JEANNE M. JOURDAN, ST. JOSEPH COUNTY SUPERIOR COURT JUDGE Council Member Hosinski made a motion to continue public hearing on this bill until July 13, seconded by Council Member Broden. The motion carried. Council Member Kelly made a motion to resolve into the Committee of the Whole, seconded by Council Member Aranowski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:05 p.m. with eight members present. Chairman Broden presiding. BILL NO. 45 -98 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY COMMONLY KNOWN AS THE JMS BUILDING LOCATED AT 108 NORTH MAIN 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 Hosinski 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 to the Council that the Commission recommends this building be declared an historic landmark. He advised it is one of the largest buildings the Commission has recommended for landmark status. He indicated it was architecturally, as well as historically, significant. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 47 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: REGULAR MEETING JUNE 22, 1998 MAYFLOWER COURT FROM THE WEST TERMINUS, RUNNING EAST FOR A DISTANCE OF APPROXIMATELY 550 FEET 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. Jim Lietzan, Cole Associates, made the presentation for the bill. He advised they were requesting the vacation of Mayflower Court, which is in the Blackthorn Office Park. He advised the road is being relocated and the original Court was never continued and no right -of -way was ever dedicated to the public. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 49 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE 1ST EAST /WEST ALLEY NORTH OF EAST WAYNE STREET FROM THE WEST RIGHT -OF- WAY OF SOUTH NOTRE DAME AVENUE TO THE EAST RIGHT - OF -WAY OF THE 1ST NORTH /SOUTH ALLEY WEST OF SOUTH NOTRE DAME AVENUE FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN COTTRELL'S ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity tc 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. Steve Rudisell, Abonmarche Consultants, representing Weiss Homes, Inc., made the presentation for the bill. He reported they were requesting this vacation in order to provide land for a private drive and parking area for an historic house, used as an office, can be moved to Lot 332. He advised that Weiss Homes would continue to own the home, but would lease it. Alan Neighbor, 216 S.St. Peter, reported he lives directly behind this alley and the north /south alley is a raceway and he was concerned about the closing of this alley since his garage sits right on the alley. He also advised that there are neighborhood children who play adjacent to the alley. Mr. Rudisell reported they are creating secondary exit to Notre Dame Avenue which should alleviate traffic problems. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion carried. BILL NO. 50 -98 A BILL TO TRANSFER $68,291.00 FROM THE EMERGENCY MEDICAL SERVICE CAPITAL IMPROVEMENT FUND This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Pfeifer reported that the Health and Public Safety Committee had met on this bill and recommended it to the Council favorable. Luther Taylor, Fire Chief, made the presentation for the bill. He advised this transfer would be used for rescue equipment upgrade, computers and a lease purchase payment for a a new fire truck. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 51 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN 1 REGULAR MEETING JUNE 22, 1998 IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS 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 Ujdak reported that the Utilities Committee had met on this bill and recommended it to the Council favorable. Jack Dillon, Director of Environmental Services, made the presentation for the bill. He indicated the bonds wwould be used to construct improvements to the City's Sewage Works Treatment Plant, and the improvements will meet the City's wastewater collection and treatment plant requirements for the next twenty years. He advised that the City will participate in the State Wastewater Revolving Fund Loan Program which avoids payment of interest on the bonds for the two years following their issuance. He reported that the anticipated interest is 2.9 %. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Aranowski. The motion carried. REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:32 p.m. Council President Coleman presiding, and eight members present. BILLS. THIRD READING ORDINANCE NO. 8915 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY COMMONLY KNOWN AS THE JMS BUILDING LOCATED AT 108 NORTH MAIN STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Hosinski recused himself from voting on this bill, since he was one of the owners of the building. Council Member Kelly made a motion to pass the bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 8916 -98 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MAYFLOWER COURT FROM THE WEST TERMINUS, RUNNING EAST FOR A DISTANCE OF APPROXIMATELY 550 FEET 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. 8917 -98 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, REGULAR MEETING JUNE 22, 1998 ST. JOSEPH COUNTY, INDIANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE 1ST EAST /WEST ALLEY NORTH OF EAST WAYNE STREET FROM THE WEST RIGHT -OF -WAY OF SOUTH NOTRE DAME AVENUE TO THE EAST RIGHT -OF -WAY OF THE 1ST NORTH /SOUTH ALLEY WEST OF SOUTH NOTRE DAME AVENUE FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN COTTRELL'S ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, 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. 8918 -98 AN ORDINANCE TO TRANSFER $68,291.00 FROM THE EMERGENCY MEDICAL SERVICE CAPITAL IMPROVEMENT FUND This bill had third reading. Council Member Pfeifer 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. 8919 -98 AN ORDINANCE ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2633 -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 600 BLOCK OF PENNSYLVANIA AVENUE, 1200 BLOCK OF MARIETTA STREET, 600 BLOCK OF WENGER STREET AND 1200 BLOCK OF RUSH STREET (LOTS #108 THROUGH 117 AND 122 THROUGH 131 OF WENGER'S FIFTH ADDITION TO THE CITY OF SOUTH BEND) AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION, CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AND AMERICAN HOME DREAMS, INC WHEREAS, a Statement of Benefits and a petition for real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as 600 Block of Pennsylvania Ave., 1200 block of Marietta Street, 600 Block of Wenger and 1200 block of Rush Street (Lots #108 Through 117 and 122 Through 131 of Wenger's Fifth Addition), South Bend, Indiana, and which are more particularly described as follows: Legal Description Key Number 1 1 REGULAR MEETING • part of Lot 108 and 109 Wenger's Fifth Addition • part of Lot 108 and 109 Wenger's Fifth Addition • part of Lot 109 Wenger's Fifth Addition Lot 110 Wenger's Fifth Addition Lot 111 Wenger's Fifth Addition Lot 112 Wenger's Fifth Addition Lot 113 avenger's Fifth Addition Lot 114 Wenger's Fifth Addition • part of Lot 115 avenger's Fifth Addition • part of Lot 115 Wenger's Fifth Addition • part of Lot 116 Wenger's Fifth Addition • part of Lot 116 and 123 Wenger's Fifth Addition • part of Lot 116 Wenger's Fifth Addition • part of Lot 117 Wenger's Fifth Addition • part of Lot 117 Wenger's Fifth Addition • part of Lot 122 Wenger's Fifth Addition • part of Lot 122 Wenger's Fifth Addition • part of Lot 122 Wenger's Fifth Addition • part of Lot 123 Wenger's Fifth Addition • part of Lot 123 Wenger's Fifth Addition Lot 124 Wenger's Fifth Addition Lot 125 Wenger's Fifth Addition Lot 126 Wenger's Fifth Addition Lot 127 Wenger's Fifth Addition • part of Lot 128 Wenger's Fifth Addition • part of Lot 129 Wenger's Fifth Addition • part of Lot 129 and 130 Wenger's Fifth Addition • part of Lot 130 Wenger's Fifth Addition • part of Lot 131 Wenger's Fifth Addition • part of Lot 131 wenger's Fifth Addition JUNE 22, 1998 18- 7023 -0886 18- 7023 - 088601 18- 7023 -0885 18- 7023 -0884 18- 7023 -0878 18- 7023 -0882 18- 7023 -0881 18- 7023 -0880 18- 7023 -0879 18- 7023 -0878 18- 7023 -0900 18- 7023 -0898 18- 7023 -0897 18- 7023 -0903 18- 7023 -0902 18- 7023 -0906 18 -7023 -0905 18- 7023 - 090401 18- 7023 -0901 18- 7023 -0899 18- 7023 -0911 18- 7023 -0912 18- 7023 -0913 18- 7023 -0914 18- 7023 -0915 18- 7023 -0917 18- 7023 -0918 18- 7023 -0919 18- 7023 -0920 18- 7023 -0921 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 areas qualify as Residentially Distressed Areas 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 areas in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the areas qualify as Residentially Distressed Areas. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the areas herein are found to meet state law requirements more particularly set forth in Indiana Code 6 -1.1- 12.1 -2 and the Common Council hereby makes the following additional findings for the areas listed herein: 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; OR B. A significant of dwelling units in the areas are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; REGULAR MEETING JUNE 22, 1998 OR C. The areas have 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 D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. C. That the description of the proposed redevelopment meets the applicable standards for such development. D. That the estimate of the value of the redevelopment is reasonable for projects of this nature; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION IV: The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the areas herein described be designated as Residentially Distressed Areas and hereby adopts a Resolution designating these areas as Residentially Distressed Areas for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Areas shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such properties be designated as residentially distressed areas. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council REGULAR MEETING JUNE 22. 1998 A public hearing was held on the resolution at this time. Marco Mariani, Planning and Neighborhood Development, made the presentation for the resolution on behalf of the Redevelopment Commission. He reported that with the passage of this resolution there will be twenty new homes in the southeast neighborhood. Ricardo Milton, executive director of American Dream Homes, asked for the Council approval of this resolution. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2634 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5681 CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR REW, L.L.C. D.B.A. CORPORATE SERVICES, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3681 Cleveland Road, South Bend IN, and which is particularly described as follows: Lot numbered two (2) as shown on the recorded plat of Kitkowski's Brick Road Minor Subdivision, recorded February 16, 1996, as document number 9605962 in the office of the recorder of St. Joseph County, Indiana. with said real estate having the following Key No. 25- 1018 - 061601 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 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. REGULAR MEETING JUNE 22, 1998 /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Bob Wozny, 51500 Straton Ct., made the presentation for the resolution. He advised they planned to construct a new building in order to expand their business. He reported that the cost of this project will exceed $1,000,000. Council Member Aranowski made motion to adopt this resolution, seconded by Council Member Pfeifer. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2635 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1108 S. HIGH STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SYSCON INTERNATIONAL, INC. Whereas, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and Whereas, a Declaratory Resolution designated the area commonly known as 1108 S. High, and which is more particularly described as follows: PARCEL I: A part of the Northeast Quarter of Section 13, Township 37 North, Range 2 East, in the City of South Bend, Indiana, which part is bounded by a line running as follows, viz: Beginning at a point where the East line of High Street in Martin L. Wenger's Third Addition to the City of South Bend intersects the South boundary line of the right -of -way of the New York Central Railway Company (formerly the Lake Shore and Michigan Southern Railway Company); thence running due South on the East line of High Street (312.36) feet; thence North (89) degrees (38) minutes East (96.75) feet; thence North parallel to the East line of High Street (7) feet (3 -1/2) inches; thence North (89) degrees (38) minutes East a distance of (110.16) feet to the Westerly line of a wall; thence North (42) feet along the Westerly line of said wall; thence West (0.9) feet along the South line of a wall; thence North (83.3) feet along the West line of a wall; thence East (0.9) feet along the North line of a wall; thence North along West line of a wall and its projection to the Northeasterly boundary (25.37) feet and which point is (209.35) feet due East of the East line of High Street; thence Northwesterly (158.92) feet to a point on the South boundary line of the New York Central Railroad Company; thence Northwesterly along said South Boundary (99.86) feet, more or less, to the place of beginning. Also, a permanent nonexclusive easement for egress and ingress described as follows: Beginning at a point on the East line of High Street which is (312.36) feet South of the intersection of the East line of High Street and the Southerly right -of -way line of the New York Central Railroad in the City of South Bend, Indiana; thence North (89) degrees and (38) minutes East, a distance of (96.75) feet; thence South (16) feet; thence South (89) degrees and (38) minutes West, a distance of (96.75) feet, to the East line of High Street; thence North along the East line of High Street (16) feet to the place of beginning. with said real estate having the following Key No.18 7017 0724, 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 1 711 REGULAR MEETING JUNE 22, 1998 Whereas, the Council held a public hearing for the purpose of hearing all remonstrances and objections from interested persons; and Whereas, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of FIVE (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Steve Thomas, president, made the presentation for the resolution. He reported this abatement was for a laser and associated equipment to be used in special tooling projects. He advised that with this new equipment they will add fifteen new jobs. 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 nine ayes. RESOLUTION NO. 2636 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NO. 10 AND NO. 11 OF THE H.G. BAUS INDUSTRIAL CENTRE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SGW REALTY LLC /EXCEL INDUSTRIES, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Lots 10 and 11 of the H.G. Baus Industrial Centre, South Bend IN, and which is particularly described as follows: A part of the Southeast Quarter (SE 1/4) of Section 20 and part of the Southwest Quarter (SW 1/4) of Section 21, Township 38 North, Range 2 East, situate in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Lots numbered ten (10) and eleven (11) as shown on the recorded plat of H.G. Baus Centre - Phase One, recorded March 16, 1995, as document Numbered 9507104 in the Office of the Recorder of St. Joseph County, Indiana. REGULAR MEETING JUNE 22, 1998 with said real estate having the following Key No. 25- 1010 - 036101 and 25 1010 036101 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 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. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time Stan Blenke, vice president of Schafer Gear, made the presentation for the resolution. He reported they were requesting a ten year abatement to construct a new facility in the Blackthorn Development Area. He advised this construction will cost at least 4.2 million. He indicated they planned to add ten new jobs the first year. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2637 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS NORTHWEST CORNER OF NIMTZ PARKWAY AND CRESCENT CIRCLE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF CRESCENT MICHIANA PROPERTIES LLC 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 the northwest corner of Nimtz Parkway and Crescent Circle, South Bend IN, and which is particularly described as follows: Lot #3 of Blackthorn Corporate Office Park minor subdivision REGULAR MEETING JUNE 22, 1998 V. A part of NE 1/4 & SE 1/4 of sec. 19- T38N -R23 & a part of NW 1/4 & SW 1/4 of section 20- T38N -R2E, German Township, City of South Bend. with said real estate having the following Key No. 18- 1018 -0622 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 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. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. William Panzica, 422 E. Monroe, made the presentation for the resolution. He indicated they plan to construct an office facility for Associates. He reported that this construction will maintain ninety -five full time jobs. Council Member Hosinski 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. 2638 -98 A RESOLUTION OF THE CITY OF SOUTH BEND COMMON COUNCIL, PROVIDING PRELIMINARY APPROVAL OF THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS TO FINANCE CERTAIN ECONOMIC DEVELOPMENT FACILITIES - SGW REALTY, LLC (BLACKTHORN DEVELOPMENT AREA) SGW Realty LLC, an Indiana limited liability company (the "Applicant ") desires to finance the acquisition, construction and equipping of an approximate 100,000 square foot manufacturing facility locate din the Blackthorn Development Area on Nimtz Parkway, for lease to Schafer Gear Works, Inc. To induce Applicant to proceed with such project, the Common Council desires to adopt this resolution. NOW, THEREFORE, BE IT RESOLVED.BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: REGULAR MEETING JUNE 224 1998 1. It is apparent that said project will increase job opportunities and industrial diversification in and near the City of South Bend, resulting in a benefit to the welfare of the public in the City. 2. In order to encourage and induce Applicant to undertake such project, the City shall cooperate with and take such action as may be necessary to finance the cost of such project from the proceeds of economic development revenue bonds issued by the City in an aggregate principal amount of approximately $4,200,000, including reimbursements of cots of the project paid prior to the issuance of the bonds. 3. The City shall proceed to cooperate with and take such action as may be necessary in drafting documents or in the performance of such other acts as will facilitate the issuance of such bonds to provide funds for such purpose. 4. The Applicant may proceed with such project in reliance upon this resolution. 5. The liability and obligation of the South Bend Economic Development Commission, the Common Council, and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such bonds, and such entities and their officers and agents shall not incur any liability if for any reason the proposed issuance of such bonds is not consummated; and the bonds shall be special, limited obligations of the City, payable solely from the funds provided therefor as described in the documents authorizing the issuance of the bonds, and shall not constitute an indebtedness of the City or a loan of the credit thereof. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the resolution. He reported they were requesting primary approval of an inducement resolution for Economic Development Revenue Bonds to finance a facility in the Blackthorn Development Area for lease to Schafer Gear Works, Inc. He reported that this is a non - obligatory bond for the City of South Bend. Council Member Hosinski 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. 2639 -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 5123 AND 5127 WEST,REO STREET AND 2018 AND 2024 SOUTH PROSPECT 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 real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as 5123 and 5127 West Reo Street and 2018 and 2024 South Prospect Street, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 5123 West Reo Street Lot 227 Portage Gardens 18- 2226 -8478 5127 West Reo Street Lot 226 Portage Gardens 18- 2226 -8477 1 1 REGULAR MEETING JUNE 22, 1998 2018 South Prospect Street Lot 295 Homeland 3rd Add 18- 8106 -4026 2024 South Prospect Street Lot 296 Homeland 3rd Add 18- 8106 -4027 be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et 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 areas qualify as Residentially Distressed Areas under Indiana Code 6- 1.1-12.1, et g@ q., 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 areas in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the areas qualify as Residentially Distressed Areas. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the areas herein are found to meet state law requirements more particularly set forth in Indiana Code 6 -1.1- 12.1 -2 and the Common Council hereby makes the following additional findings for the areas listed herein: 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; OR B. A significant of dwelling units in the areas are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; OR C. The areas have 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 D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. C. That the description of the proposed redevelopment meets the applicable standards for such development. D. That the estimate of the value of the redevelopment is reasonable for projects of this nature; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and F. That the totality of benefits is sufficient to justify REGULAR MEETING JUNE 22, 1998 the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the areas herein described be designated as Residentially Distressed Areas and hereby adopts a Resolution designating these areas as Residentially Distressed Areas for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Areas shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such properties be designated as residentially distressed areas. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this resolution and recommended it to the Council favorable. Mike Urbanski 17874 State Road 23, made the presentation for the resolution. He indicated that if tax abatement was granted for these four lots, they would build additional homes within the City limits. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO, 2640 -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 #18, 19, 20, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35, 92, 93, 94, 95, 96, 161, 162, 164, 166, 167 KENSINGTON FARM SECTION 6, PART II AND LOTS 24 AND 25 KENSINGTON FARMS ESTATES SECTION 4, PART II AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT, INC. WHEREAS, a Statement of Benefits and a petition for real property I- ir REGULAR MEETING JUNE 22, 1998 tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as Lots' #18, 19, 20, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35, 92, 93, 94, 95, 96, 161, 162, 164, 166, 167 Kensington Farms Estates Section 6, Part II and Lots 24 AND 25 Kensington Farms Estates Section 4, Part II South Bend, Indiana, and which are more particularly described as follows: Address Legal Description Key Number Lot #18 Kensington Farms Estates, Sec.6, Part II 25 -1050 -3201 Lot #19 Kensington Farms Estates, Sec.6, Part II " Lot #20 Kensington Farms Estates, Sec.6, Part II " Lot #22 Kensington Farms Estates, Sec.6, Part II " Lot #27 Kensington Farms Estates, Sec.6, Part II " Lot #28 Kensington Farms Estates, Sec.6, Part II " Lot #29 Kensington Farms Estates, Sec.6, Part II " Lot #30 Kensington Farms Estates, Sec.6, Part II " Lot #31 Kensington Farms Estates, Sec.6, Part II " Lot #32 Kensington Farms Estates, Sec.6, Part II " Lot #33 Kensington Farms Estates, Sec.6, Part II " Lot #34 Kensington Farms Estates, Sec.6, Part II " Lot #35 Kensington Farms Estates, Sec.6, Part II " Lot #92 Kensington Farms Estates, Sec.6, Part II " Lot #93 Kensington Farms Estates, Sec.6, Part II " Lot #94 Kensington Farms Estates, Sec.6, Part II " Lot #95 Kensington Farms Estates, Sec.6, Part II " Lot #96 Kensington Farms Estates, Sec.6, Part II " Lot #161 Kensington Farms Estates, Sec.6, Part II " Lot #162 Kensington Farms Estates, Sec.6, Part II " Lot #164 Kensington Farms Estates, Sec.6, Part II " Lot #166 Kensington Farms Estates, Sec.6, Part II " Lot #167 Kensington Farms Estates, Sec.6, Part II " Lot #24 Kensington Farms Estates, Sec.4, Part II 23- 1051 -3273 Lot #25 Kensington Farms Estates, Sec.4, Part II 23- 1051 -3278 (* - the master key number is currently being split and separate key numbers will be assigned to each of the above lots, except for lots #24 and #25). be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et 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 areas qualify as Residentially Distressed Areas 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 areas in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the areas qualify as Residentially Distressed Areas. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. REGULAR MEETING JUNE 22, 1998 SECTION II. The Common Council hereby determines and finds that the areas herein are found to meet state law requirements more particularly set forth in Indiana Code 6 -1.1- 12.1 -2 and the Common Council hereby makes the following additional findings for the areas listed herein: 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; OR B. A significant of dwelling units in the areas are: I. the subject of an order issued under IC 36 -7 -9; or OR ii. evidencing significant building deficiencies; C. The areas have 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 D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. C. That the description of the proposed redevelopment meets the applicable standards for such development. D. That the estimate of the value of the redevelopment is reasonable for projects of this nature; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the areas herein described be designated as Residentially Distressed Areas and hereby adopts a Resolution designating these areas as Residentially Distressed Areas for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Areas 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 1 I- REGULAR MEETING JUNE 22, 1998 notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such properties be designated as residentially distressed areas. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development committee had met on this bill and recommended it to the Council favorable. Jackie Roelke, 60588 Woodstock St., made the presentation for the resolution. She reported they planned to construction homes that will cost $150,000 to $275,000. She asked the Council to grant the abatement, in order for them to be able to sell the homes. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Broden. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2641 -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 TO #73 FIELD POINTE SUBDIVISION PHASE 2 AND LOTS #1, 38, 42, 56, 65, AND 67 FIELD POINTE SUBDIVISION PHASE I AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MEADOW WOOD II LIMITED PARTNERSHIP WHEREAS, a Statement of Benefits and a petition for real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as Lots #1 to #73 Field Pointe Subdivision Phase 2 and Lots #1, 38, 42, 56, 65, and 67 Field Pointe Subdivision Phase I, South Bend, Indiana, and which are more particularly described as follows: Address Legal Description Key Number Lot #1 Phase 1 Field Pointe Sub., Sec. 1 25- 1013 -0212* Lot #38 Phase 1 Field Pointe Sub., Sec. 3 " Lot #42 Phase 1 Field Pointe Sub., Sec. 4 " Lot # 56 Phase 1 Field Pointe Sub., Sec. 5 " Lot #65 Phase 1 Field Pointe Sub., Sec. 5 " Lot #67 Phase 1 Field Pointe Sub., Sec. 5 " Lot #1 Phase 2 Field Point Sub., Sec. 3 " Lot #2 Phase 2 Field Point Sub., Sec. 3 " Lot #3 Phase 2 Field Point Sub., Sec. 3 " Lot #4 Phase 2 Field Point Sub., Sec. 3 " Lot #5 Phase 2 Field Point Sub., Sec. 3 " Lot #6 Phase 2 Field Point Sub., Sec. 3 " Lot #7 Phase 2 Field Point Sub., Sec. 3 " Lot #8 Phase 2 Field Point Sub., Sec. 3 " Lot #9 Phase 2 Field Point Sub., Sec. 3 " Lot #10 Phase 2 Field Point Sub., Sec. 3 " Lot #11 Phase 2 Field Point Sub., Sec. 3 " Lot #12 Phase 2 Field Point Sub., Sec. 3 66 REGULAR MEETING Lot #13 Lot #14 Lot #15 Lot #16 Lot #17 Lot #18 Lot #19 Lot #20 Lot #21 Lot #22 Lot #23 Lot #24 Lot #25 Lot #26 Lot #27 Lot #28 Lot #29 Lot #30 Lot #31 Lot #32 Lot #33 Lot #34 Lot #35 Lot #36 Lot #37 Lot #3 8 Lot #39 Lot #40 Lot #41 Lot #42 Lot #43 Lot #44 Lot #45 Lot #46 Lot #47 Lot #48 Lot #49 Lot #50 Lot #51 Lot #52 Lot #53 Lot #54 Lot #55 Lot #56 Lot #57 Lot #58 Lot #59 Lot #60 Lot #61 Lot #62 Lot #63 Lot #64 Lot #65 Lot #66 Lot #67 Lot #68 Lot #69 Lot #70 Lot #71 Phase 2 Field Point Sub., See. 3 Phase 2 Field Point Sub., Sec. 3 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Seca 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point. Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 2 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Seca 1 JUNE 22, 1998 cG cc cc cc C4 cc cc cc cc cc [c cc cc cc Gc LG CG GG cG cc cG cc cG LL cc cc cc cc cc cc cc cc cc cc cc cc LG cc cc cc C6 [c cc Cc cc cc cc 1 It- REGULAR MEETING Lot #72 Lot #73 Phase 2 Field Point Sub., Sec. 1 Phase 2 Field Point Sub., Sec. 1 JUNE 22, 1998 M LG (* - the master key number is currently being split and separate key numbers will be assigned to each of the above lots). be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et 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 areas qualify as Residentially Distressed Areas under Indiana Code 6- 1.1 -12.1, et seg., 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 areas in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the areas qualify as Residentially Distressed Areas. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the areas herein are found to meet state law requirements more particularly set forth in Indiana Code 6 -1.1- 12.1 -2 and the Common Council hereby makes the following additional findings for the areas listed herein: 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; OR B. A significant of dwelling units in the areas are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; OR C. The areas have 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 D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. C. That the description of the proposed redevelopment meets the applicable standards for such development. D. That the estimate of the value of the redevelopment is reasonable for projects'of this nature; E. That the other benefits about which information was REGULAR MEETING JUNE 22, 1998 requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the areas herein described be designated as Residentially Distressed Areas and hereby adopts a Resolution designating these areas as Residentially Distressed Areas for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Areas 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 -245, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such properties be designated as residentially distressed areas. SECTION X. This Resolution shall be in full force and effect from and,after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Michelle Scott, a representative of Meadow Wood, made the presentation for the resolution. She reported they planned to build 1,000 to 1,500 square foot homes. She advised that these homes will target first time buyers. 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. RESOLUTION NO. 2642 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WASTEWATER TREATMENT PLANT FACILITIES PLAN AND SUBMITTING PLAN TO THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT WHEREAS, the City of South Bend, St. Joseph County, Indiana, has caused a facilities plan (the Plan) dated May 1998, to be prepared by the consulting firm of Greeley and Hansen; and WHEREAS, the Plan has been presented to the public at a REGULAR MEETING JUNE 22, 1998 public hearing held June 4, 1998, for their comments; and WHEREAS, the Common Council of the City of South Bend, Indiana, finds that the Plan would be in the best interests of the City of South Bend and the residents of the City of South Bend and there was not sufficient evidence presented in objection to the recommended project in the facilities plan. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: Section I. The South Bend, Indiana Wastewater Treatment Plant Facilities Plan dated May 1998, is hereby approved and adopted by the Common Council of the City of South Bend; and Section II. The Plan shall be submitted to the Indiana Department of Environmental Management for its review and approval. Section III. This Resolution shall be in full force and effect from and after the adoption by the Common Council and approval by the Mayor. ls/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Jack Dillon, director of Environmental Services, made the presentation for the resolution. He reported that this resolution, approving and adopting the twenty year plan for the Wastewater Treatment Plant. He advised that this resolution and the bond ordinance are required by IDEM as part of the application for State Revolving Loan monies. Council Member Broden made a motion to strike Section 4 of the resolution as it a replicate of Section 3, seconded by Council Member Hosinski. The motion carried. Council Member Hosinski made a motion to adopt this resolution, as amended, seconded by Council Member Ujdak. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 52 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF S. PRAIRIE AVENUE FROM THE WEST RIGHT -OF -WAY LINE OF S. SWYGART AVENUE TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH- SOUTH ALLEY WEST OF S. SWYGART AVENUE FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF APPROXIMATELY 13.2 FEET. PART SITUATED IN PERKIN'S SUBDIVISION (UNRECORDED) IN THE 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 July 13, seconded by Council Member Kelly. The motion carried. BILL NO. 53 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $17,646.30 FROM SEWER REPAIR INSURANCE FUND (FUND 640) This bill had first reading. Council Member Hosinski made a motion to refer this bill to the Utilities Committee, and set it for public hearing and third reading on July 13, seconded by Council Member Varner. The motion carried. UNFINISHED BUSINESS Council Member Pfeifer made a motion to set Bill No. 132 -97 for public hearing and third reading on July 13, seconded by Council REGULAR MEETING JUNE 22, 1998 Member Varner. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 8:06 p.m. ATTEST: e�_e��CO&W� -1 President 1 1