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HomeMy WebLinkAbout07-13-98 Council Meeting MinutesREGULAR MEETING July 13.1998 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, July 13, 1998, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, Broden, Varner, Ujdak, Coleman, and Sniadecki - Absent: Council Member Hosinski REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the June 22, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Broden made a motion that the minutes of the June 22, 1998, meeting be accepted and placed on file, seconded by Council Member Varner. The motion carried. SPECIAL BUSINESS BILL NO. 2643 -98 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 Whereas, Judge Jeanne M. Jourdan's legal career began by volunteering her services to the Legal Aid Clinic under the auspices of the University of Notre Dame Law School, while raising five (5) young daughters with her husband, Tom, at their home in the 1st District of our city; and Whereas, following her graduation from the University of Notre Dame Law School, she founded the first all woman law firm in the State of Indiana, on July 14, 1975, as Cekanski and Swartz, with that firm being hired the following year by the South Bend Common Council to provide legal services to the City Council; and Whereas, Judge Jourdan's legal career included not only the private sector but also serving as a St. Joseph County Public Defender and a hard - working St. Joseph County Deputy Prosecutor, who has always known for putting in long hours in all of her endeavors; and Whereas, Judge Jourdan quickly became a role model both on and off the bench, especially for her fairness in the application and interpretation of the law, with many persons remarking how grateful we are to have our own "Dr. Laura" as a judge, who applies not only the law, but is courageous enough to apply common sense to given situations; and Whereas, one example of Judge Jourdan's sincere concern over the growing problems of guns and violence in our neighborhoods lead her to initiate in 1993 the "This is My Neighborhood: No Shooting Allowed" in South Bend; and many recall her moving remarks before the South Bend Common Council in conjunction with many volunteers and members of the South Bend Police Department who made this a viable neighborhood initiative. REGULAR MEETING JULY 13, 1998 Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council publicly commends and congratulates the Honorable Jeanne M. Jourdan for her more than seventeen and one -half years of selfless contributions to public service as a hard - working and dedicated Judge of the St. Joseph Superior Court, and for personifying the highest standards of public service in our community. Section II. Judge Jourdan's influence and guidance through her teaching at the University of Notre Dame Law School and her continued service as an instruction for attorneys through the National Institute of Trial Advocacy, will enable her to continue to challenge individuals in the classroom, so that they are better prepared to serve as lawyers in their respective communities throughout the United States. Section III. Judge Jeanne M. Jourdan, a true and genuine lady, with a quick wit, a learned intellect, and a kind heart, has truly set an extremely high bench mark and standard for all future individuals who are called to serve as a judge in our community, to try to emulate. Section IV. The South Bend Common Council hereby declares the week of July 13, 1998, as "Judge Jeanne M. Jourdan Week" and sends its heartfelt wishes to Judge Jourdan, her family, and especially her daughters, grandchildren and husband Tom, as she embarks on new paths which we sincerely hope will be filled with "simple abundance ". Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. James Aranowski, First District David Varner, Fifth District Charlotte Pfeifer, Second District Andrew Ujdak, Sixth District Roland Kelly, Third District Sean Coleman, At Large John Broden, Fourth District John Hosinski, At Large ATTEST: Rod Sniadecki, At Large Loretta Duda, City Clerk Stephen J. Luecke, Mayor Kathleen Cekanski- Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Pfeifer read the resolution. Council Member Kelly made a motion to adopt the resolution by acclamation. The motion carried. Judge Jourdan thanked the Council, indicating that serving this community was a great joy. Richard Nussbaum, City attorney, advised he was representing the mayor, in presenting a key to the City to Judge Jourdan. REPORT OF CITY OFFICES Susan O'Connor, recreation director for the Parks and Recreation Department introduced Rick Kring who has chaired the Ethnic Festival Parade for many years, and Paula Garis. special events coordinator, who gave an overview of the festival. Rick Kring informed the Council that the committee works all year preparing for the next parade. Paula Garis reported they had over one hundred and fifty vendors - crafts, food and displays. She r I- I REGULAR MEETING JULY 13. 1998 advised that the new site was very well received and they had approximately 100,000 people attend the festival. Council Member Varner 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 7:40 p.m. with eight members present. Chairman Broden presiding. 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 Council Member Varner made a motion to continue public hearing on this bill until July 27, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 18 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2211, 2505, AND 2515 EAST JEFFERSON BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing proponents and opponents were given an opportunity to be heard. Council Member Broden reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Kelly. The motion carried. John Byorni, assistant director of Area Plan, made the presentation for the bill. He advised that this bill only involved 2211 E. Jefferson. He informed the Council that this was an Area Plan initiated petition to allow for professional use in the Health Care District. He advised that this bill was sent to the Council with a favorable recommendation from Area Plan. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. 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 TUTT STREETS AND FROM MAIN STREET WEST TO THE FIRST NORTH -SOUTH ALLEY WEST OF MAIN STREET Council Member Coleman made a motion to continue public hearing on this bill, at the request of the petitioner, until July 27, seconded by Council Member Aranowski. The motion carried. BILL NO. 132 -97 A BILL CREATING ARTICLE 5 OF CHAPTER 9 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED HAZARDOUS MATERIAL AND TACTICAL RESCUE TEAMS 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 REGULAR MEETING JULY 13. 1998 to the Council favorable. Fire Chief, Luther Taylor, made the presentation for the bill. He indicated this bill creates a user fee for the hazardous material and tactical rescue teams. He advised that the base cost is $2,400 for the first four hours and $660 per hour after the first four hours. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member 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 advised that the purpose of this appropriation is to reimburse Fund 642, for a pick -up truck that was paid from Fund 640 by mistake. Council Member Aranowski made a motion to recommend this bill tot he Council favorable, seconded by Council Member Varner. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Varner. The motion carried. ity e t 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 7:56 p.m. Council President Coleman presiding, and eight members present. BILLS, THIRD READING ORDINANCE NO. 8920 -98 AN ORDINANCE 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 third reading. Council Member Aranowski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Sniadecki. The motion carried. Council Member Broden made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8921 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2211, 2505, AND 2515 EAST JEFFERSON BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Aranowski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Sniadecki. The motion carried. fl I- 7 L_1 REGULAR MEETING JULY 13, 1998 Council Member Broden made a motion to pass this bill, seconded by Council Member Pfeifer. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8922 -98 AN ORDINANCE CREATING ARTICLE 5 OF CHAPTER 9 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED HAZARDOUS MATERIAL AND TACTICAL RESCUE TEAMS This bill had third reading. Council Member Kelly made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Aranowski. The motion carried. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Pfeifer. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8923 -98 AN ORDINANCE 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 third reading. Council Member Broden made a motion to pass this bill, seconded by Council Member Pfeifer. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2644 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 323 SOUTH SHERIDAN STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14-1.5-5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4; WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at: 323 South Sheridan, South Bend, Indiana 46619 in order to permit on -site parking in an "A" residential zone. Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: REGULAR MEETING JULY 13, 1998 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will.not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Broden reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Blake Unger, Majority Builders, made the presentation for the resolution. He reported Z. B. Falcons was requesting this special exception for on -site parking in a residential area to the north of the building. He indicated they will provide screening for the parking area. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 98 -110 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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) RESIDENTIALLY DISTRESSED AREAS 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. Due to lack of a presenter, Council Member Coleman made a motion to continue public hearing on this bill until July 27, 1998, seconded by Council Member Sniadecki.' The motion carried. _ RESOLUTION NO. 2645 -98 • RESOLUTION CONFIRMING THE ADOPTION OF • DECLARATORY RESOLUTION 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 RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT'FOR G & M PROPERTIES REGULAR MEETING JULY 13. 1998 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 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 2018 South Prospect Street Lot 295 Homeland 3rd Add 18 -8106 -4026 2024 South Prospect Street Lot 296 Homeland 3rd Add 18 -8106 -4027 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 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 IC 36 -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. REGULAR MEETING JULY 13, 1998 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's support in continuing the residential abatements. Council Member Aranowski 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. 2645 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as 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 61 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 C D REGULAR MEETING JULY 13, 1998 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 11 " 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). 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 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 IC 36 -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. REGULAR MEETING JULY 13, 1998 D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. . F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and 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. Is /Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Jackie Roelke, 60588 Woodstock St., made the presentation for the resolution. She requested the Council's support in adopting this resolution. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2646 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 1 RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MEADOW WOOD II,LIMITED PARTNERSHIP WHEREAS, the Common Council of the City of South Bend, Indiana, J REGULAR MEETING JULY 13, 1998 has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as Lots #1 to 73 Field Pointe subdivision Phase 2 and Lots #1, 38, 42, 56, 65, and 67 Field Pointe Subdivision Phase 1, 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 " Lot #13 Phase 2 Field Point Sub., Sec. 3 " Lot #14 Phase 2 Field Point Sub., Sec. 3 " Lot #15 Phase 2 Field Point Sub., Sec. 2 " Lot #16 Phase 2 Field Point Sub., Sec. 2 " Lot #17 Phase 2 Field Point Sub., Sec. 2 " Lot #18 Phase 2 Field Point Sub., Sec. 2 " Lot #19 Phase 2 Field Point Sub., Sec. 2 " Lot #20 Phase 2 Field Point Sub., Sec. 2 " Lot #21 Phase 2 Field Point Sub., Sec. 2 " Lot #22 Phase 2 Field Point Sub., Sec. 1 " Lot #23 Phase 2 Field Point Sub., Sec. 1 " Lot #24 Phase 2 Field Point Sub., Sec. 1 " Lot #25 Phase 2 Field Point Sub., Sec. 1 " Lot #26 Phase 2 Field Point Sub., Sec. 1 " Lot #27 Phase 2 Field Point Sub., Sec. 1 " Lot #28 Phase 2 Field Point Sub., Sec. 1 " Lot #29 Phase 2 Field Point Sub., Sec. 1 " Lot #30 Phase 2 Field Point Sub., Sec. 1 " Lot #31 Phase 2 Field Point Sub., Sec. 1 " Lot #32 Phase 2 Field Point Sub., Sec. l " Lot #33 Phase 2 Field Point Sub., Sec. 1 " Lot #34 Phase 2 Field Point Sub., Sec. 1 " Lot #35 Phase 2 Field Point Sub., Sec. 1 " Lot #36 Phase 2 Field Point Sub., Sec. 1 " Lot #37 Phase 2 Field Point Sub., Sec. 1 " Lot #38 Phase 2 Field Point Sub., Sec. 1 " Lot #39 Phase 2 Field Point Sub., Sec. 1 " Lot #40 Phase 2 Field Point Sub., Sec. 1 " Lot #41 Phase 2 Field Point Sub., Sec. 1 " Lot #42 Phase 2 Field Point Sub., Sec. 1 " Lot #43 Phase 2 Field Point Sub., Sec. 1 " REGULAR MEETING JULY 13, 1998 Lot #44 Phase 2 Field Point Sub., Sec. 1 " Lot #45 Phase 2 Field Point Sub., Sec. 1 " Lot #46 Phase 2 Field Point Sub., Sec. 2 " Lot #47 Phase 2 Field Point Sub., Sec. 2 " Lot #48 Phase 2 Field Point Sub., Sec. 2 " Lot #49 Phase 2 Field Point Sub., Sec. 2 " Lot #50 Phase 2 Field Point Sub., Sec. 2 " Lot #51 Phase 2 Field Point Sub., Sec. 2 " Lot #52 Phase 2 Field Point Sub., Sec. 2 " Lot #53 Phase 2 Field Point Sub., Sec. 2 " Lot #54 Phase 2 Field Point Sub., Sec. 2 " Lot #55 Phase 2 Field Point Sub., Sec. 2 " Lot #56 Phase 2 Field Point Sub., Sec. 2 Lot #57 Phase 2 Field Point Sub., Sec. 2 " Lot #58 Phase 2 Field Point Sub., Sec. 2 " Lot #59 Phase 2 Field Point Sub., Sec. 2 " Lot #60 Phase 2 Field Point Sub., Sec. 2 " Lot #61 Phase 2 Field Point Sub., Sec. 2 " Lot #62 Phase 2 Field Point Sub., Sec. 2 " Lot #63 Phase 2 Field Point Sub., Sec. 2 " Lot #64 Phase 2 Field Point Sub., Sec. 2 " Lot #65 Phase 2 Field Point Sub., Sec. 2 " Lot #66 Phase 2 Field Point Sub., Sec. 1 " Lot #67 Phase 2 Field Point Sub., Sec. 1 " Lot #68 Phase 2 Field Point Sub., Sec. 1 " Lot #69 Phase 2 Field Point Sub., Sec. 1 " Lot #70 Phase 2 Field Point Sub., Sec. 1 " Lot #71 Phase 2 Field Point Sub., Sec. 1 Lot #72 Phase 2 Field Point Sub., Sec. 1 " Lot #73 Phase 2 Field Point Sub., Sec. 1 " (* - the master key number is currently being split and separate key numbers will be assigned to each of the above lots). 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 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 IC 36 -7 -9; or 1 I-- 1 REGULAR MEETING JULY 13, 1998 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 seg. 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. Andy Place, a representative of Meadowview, made the presentation for the resolution. He asked that the consideration be given in grating this tax abatement. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2647 -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 CORNER OF WEST WASHINGTON /STUDEBAKER, 1331, 1327, 1323, 1321, 1315, 1311, 1305, 1303, 1301, 1302 -1304, 1308, 1306, 1316, REGULAR MEETING JULY 13, 1998 1402 AND 1408 WEST WASHINGTON, 113 -111 SOUTH WALNUT AND 101, 111, AND VACANT LOT ADJACENT TO 111 CHESTNUT AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION 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 corner of West Washington /Studebaker, 1331, 1327, 1323, 1321, 1315, 1311, 1305, 1303, 1301, 1302 -1304, 1308, 1306, 1316, 1402 and 1408 West Washington, 113 -111 South Walnut AND 101, 111, and vacant lot adjacent to 111 Chestnut, South Bend, Indiana, and which are more particularly described as follows: Street Address * Legal Description Key Number Corner of West Ex. 21 '/2 Ft. E Side Lot 8 18- 1045 -1953 Washington/Studebaker Studebaker & Hines Bol 80 of /block 84 1331 West Washington E. 21 '/217t. Lot 8 & W 11 '/2 Ft 18- 1045 -1954 18- 3075 -2990 Lot 7 Studebaker & Hines bo180 RR Knoblocks Sub of Bol 1327 West Washington 38 Ft. E. Side Lot 7 3 1/4 ft. W. 18- 1045 -1955 3075- 2990.01 Side Lot 6 Studebaker & Hines Corner Knoblocks Sub of Bol 84 Bol 80 Lot 3 Bol Knoblocks Sub 1323 West Washington 46'/2 Ft. E. Side lot 6 Studebaker 18- 1045 -1956 111 S. Chestnut & Hines Bol 80 18- 3075- 2967.01 1321 West Washington Lot 5 Studebaker & Hine Bol 80 18- 1045 -1957 1315 West Washington Lot 4 Studebaker & Hine 18- 1045 -1958 1311 West Washington West 33.75' Lot 2 & all of Lot 3 18- 1045- 1960.01 1402 West Washington Studebaker and Hines Addn. 18- 3075 -2965 1305 West Washington 8.8 Ft. W. Side Lot 1 15.75 Ft. E. 18 -1045 -1961 Side Lot 2 Studebaker & Hines Bol 80 1303 West Washington 22.2 RAU Pt. Lot 1 Studebaker 18- 1045 -1962 & Hines Bol 80 1301 West Washington Lot 1 18.5 Ft. E. Side Studebaker 18- 1045 -1963 & Hines Bol 80 113 -111 S. Walnut Lot 6 John C. Knoblock Sub of 18- 3075 -2993 Bol 84 N. of RR 1302 -1304 West Washington Lot 1 John C. Knoblock Sub div 18- 3075 -2991 of /block 84 1308 West Washington Lot 2 W 33.5'x 100.5'84'N. of 18- 3075 -2990 RR Knoblocks Sub of Bol 1306 West Washington Lot 2 except 33.5'x100.5' 84' NW 18- 3075- 2990.01 Corner Knoblocks Sub of Bol 84 1316 West Washington Lot 3 Bol Knoblocks Sub 18- 3075 -2989 102 S. Chestnut Lot 4 Bol 84 Knoblocks Sub 18- 3075 -2988 111 S. Chestnut W 40' of Lot 8 John R Kirbys Sub 18- 3075- 2967.01 Bol 83 V/L Adj 111 Chestnut E 80 Ft of Lot 8 John F Kirbys 18- 3075 -2967 Sub of Bol 83 1402 West Washington Lot 1 Kirbys Sub of Bol 83 18- 3075 -2965 1408 West Washington Lot 2 Kirbys Sub of Bol 83 18- 3075 -2964 *(Addresses for above lots are subject to change due to replat of land) 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 _sect., and; 1 REGULAR MEETING JULY 13, 1998 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; 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 REGULAR MEETING JULY 13, 1998 Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the 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 bill and recommends it to the Council favorable. Suzanne Koehler, development specialist, made the presentation for the resolution. She indicated they would be pleased to have a favorable recommendation for these nineteen parcels of land, in order that they could build seventeen new homes. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2649 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 100 NAVARRE PLACE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR MEMORIAL HEALTH SYSTEM, INC. /MEMORIAL HOSPITAL OF SOUTH BEND, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 100 Navarre Place, South Bend, Indiana, and which is more particularly described as follows: PARCEL I. The west 25 feet of Lot Numbered One Hundred Forty - five (145) as shown on the original plat of the town, now City of South Bend, St. Joseph County, Indiana. PARCEL I: Lot Numbered One Hundred Forty -five (145) as shown on the Original Plat of the Town, now City of South Bend, excepting 1 1 REGULAR MEETING JULY 13, 1998 therefrom 25 feet taken off of and from the entire West side of said Lot Numbered 145. PARCEL III: The North half of Lot Numbered One Hundred Forty -six (146) as shown on the Original Plat of the Town, now City of South Bend.. PARCEL IV: The South Half of Lot Numbered (146) as shown on the Original Plat of the South Bend. PARCEL V: Lot Numbered One Hundred Forty -; the Original Plat of the town, now city of with the vacated 14 foot alley lying South 147. One Hundred Forty -six Town, now City of seven (147) as shown on South Bend, together and adjacent to Lot PARCEL VI: Lot Numbered One Hundred Forty -eight (148), One Hundred Forty -nine (149) and One Hundred fifty (150) as shown on the Original Plat of the Town, now City of South Bend, together with the vacated 14 -foot alley lying North and adjacent to Lot 148. PARCEL VII: The vacated alley lying between Lots 145 and 156, Lots 146 and 155 and Lots 147 and 154, as shown on the Original Plat of the Town, now city of South Bend. PARCEL VIII: Lots Numbered One Hundred Fifty -four (154), One Hundred Fifty -five (155) and One Hundred Fifty -six (156) as shown on the Original Plat of the Town, now City of South Bend. PARCEL IX: The South One -Half (1/2) of vacated Navarre Street lying North of and adjacent to Lots 145 and 156 as shown on the Original Plat of the Town, now City of South Bend. and which has Key Number 18 1009 036001, 18 1009 0360, 18, 1009 36101, 18 1009 036102, 18 1009 0362, 18 1009 036401, 18 1009 0355 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2- 76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. REGULAR MEETING JULY 13, 1998 B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation: E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council pursuant to Section 2 -84 of the South Bend Municipal Code finds that six (6) years is the appropriate and rational time period for this tax abatement in light of the following: 1. The enormous risk the Petitioner takes associated with this type of development. 2. The additional costs associated with this particular development to be incurred by the Petitioner. 3. The large overall costs of the development, which is expected to exceed $33 Million. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by 1 1 REGULAR MEETING the Mayor. JULY 13, 1998 1s/ 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. Phil Faccenda, attorney, made the presentation for the bill. He reported that Memorial Health Systems will build a six floor building, three will be parking garage and three offices that will house fifteen to twenty physicians. He informed the Council that it would also house the outpatient surgery center, women's center, oncology center, nephrology and eye center. He advised this project will cost $48,000,000, and that cost does not include road changes and signalization which will be another $3,000,000. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2650 -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 2918, 2922, 2926, 2923, 2919 CORPUS CHRISTI DRIVE, 2320, 2317, 2321, 2325, 2329, 2401, 2405, 2404, OAKBROOK DRIVE, AND 2921, 2917, 2918, 2922, 2926, 2930 BENT OAK LANE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WOODFIELD DOWNS, 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 2918, 2922, 2926, 2923, 2919 Corpus Christy Dr., 2320, 2317, 2321, 2325, 2329, 2401, 2405, 2404, Oakbrook DR., and 2921, 2917, 2918, 2922, 2926, 2930 Bent Oak Lane, South Bend, Indiana, and which are more particularly described as follows: Street Address 2918 Corpus Christi Drive 2922 Corpus Christi Drive 2926 Corpus Christi Drive or 2324 Oakbrook Drive ** 2320 Oakbrook Drive 2921 Bent Oak Lane 2917 Bent Oak Lane 2918 Bent Oak Lane 2922 Bent Oak Lane 2926 Bent Oak Lane 2930 Bent Oak Lane 2317 Oakbrook Drive 2321 Oakbrook Drive 2325 Oakbrook Drive 2329 Oakbrook Drive 2401 Oakbrook Drive 2405 Oakbrook Drive 2404 Oakbrook Drive Legal Description Key Number Oakwood Villas Sec Two Lot 16 *see below Oakwood Villas Sec Two Lot 17 Oakwood Villas Sec Two Lot 18 Oakwood Villas Sec Two Lot 19 Oakwood Villas Sec Two Lot 20 Oakwood Villas Sec Two Lot 21 Oakwood Villas Sec Two Lot 29 Oakwood Villas Sec Two Lot 30 Oakwood Villas Sec Two Lot 31 Oakwood Villas Sec Two Lot 32 Oakwood Villas Sec Two Lot 33 Oakwood Villas Sec Two Lot 34 Oakwood Villas Sec Two Lot 35 Oakwood Villas Sec Two Lot 36 Oakwood Villas Sec Two Lot 37 Oakwood Villas Sec Two Lot 38 Oakwood Villas Sec Two Lot 39 or 2927 Corpus Christi Drive ** 2923 Corpus Christi Drive Oakwood Villas Sec Two Lot 40 2919 Corpus Christi Drive Oakwood Villas Sec Two Lot 41 REGULAR MEETING JULY 13, 1998 (* Tax key # for entire parcel 25- 1004 - 025603. Individual tax key numbers in process of being assigned.) ( ** - designates corner lots which may have one or the other street address listed). 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. 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 1 REGULAR MEETING JULY 13, 1998 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 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. Tom Murray, president of Woodfield Downs, made the presentation for the resolution. He indicated it would be very beneficial to pass this residential abatement as opposed to having people move outside the city limits. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Pfeifer. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 98 -117 A RESOLUTION THE CITY OF DETERMINING, THE LEASE OF HURON, SOUTH NEIGHBORHOOD NECESSARY OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AFTER INVESTIGATION THAT PROPERTY AT 2202 WEST BEND, INDIANA, FOR USE AS A PARTNERSHIP CENTER IS Council Member Broden made a motion to strike this resolution from the agenda, at the request of the petitioner, seconded by Council Member Varner. The motion carried. RESOLUTION NO. 2651 -98 A RESOLUTION OF THE COMMON COUNCIL OF REGULAR MEETING JULY 13, 1998 SOUTH BEND, INDIANA, AUTHORIZING THE URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INDIANA, INC. TO SUBMIT AN APPLICATION FOR AN ENTERPRISE ZONE BOUNDARY MODIFICATION TO THE INDIANA URBAN ENTERPRISE ZONE BOARD WHEREAS, the State of Indiana has enacted I.C. 4 -4 -6.1 allowing certain areas within Indiana to be designated as "Enterprise Zone" areas and entitling property owners therein to certain benefits (as provided by law), from time to time; and WHEREAS, a certain area within the City of South Bend, Indiana, has been so designated as an Enterprise Zone effective as of January, 1984, said area modified effective as July, 1987; May, 1989, and October, 1993; the boundaries of which are those identified at Exhibit "A ", hereto; and WHEREAS, the Indiana Enterprise Zone Board has adopted a policy dated October 14, 1998, revised as of July 1993 and March, 1998, stating, in part, that modification of an Enterprise Zone will not be considered without approval of such request by the Urban Enterprise Association, Mayor and City Council of the City within whose borders the Enterprise Zone is located; and WHEREAS, application has been made to modify the Enterprise Zone located within the City of South Bend, Indiana (hereinafter, the "ZONE "), to include within the ZONE certain parcels of real estate and to delete from the ZONE certain other parcels of real estate, all as described as Exhibit "B" attached hereto and incorporated herein; and WHEREAS, the parcels of real estate described as Exhibit "B" comprise property that is suitable for the redevelopment of commercial, industrial and residential activities and that is compatible with the goals and objectives of the five year strategic plan of the Urban Enterprise Association of South Bend, Indiana, Inc., and that the inclusion of said properties is an appropriate modification of the boundary of the Enterprise Zone located within the City of South Bend, Indiana; and WHEREAS, the specific parcels to be deleted from the ZONE, as described at Exhibit "B ", and the justification for such deletions are specified in the five -year strategic plan of the Urban Enterprise Association of South Bend, Indiana, Inc; and WHEREAS, the proposed boundary modification will impact the ZONE demographically and economically, as set forth in the boundary modification application attached hereto as Exhibit "B"; and WHEREAS, the Urban Enterprise Association of south Bend, Indiana, Inc., has approved the request for this boundary modification at a public meeting held on June 24, 1998. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the request for modification of the Enterprise Zone located within the City of South Bend, Indiana, which modification would modify the existing Enterprise Zone to include certain parcels of real property as described at Exhibit "B" hereto, and to delete certain other parcels of real estate described at Exhibit "B ", hereto, thereby modifying the boundaries of the Enterprise Zone located within South Bend, Indiana, to those defined at Exhibit "C ", hereto, shall be and hereby is approved. Section II. That the demographic and economic impacts of the proposed boundary modification, as detailed in the boundary modification application, attached hereto as Exhibit "B" shall be 1 I- REGULAR MEETING JULY 13. 1998 and hereby are accepted. Section III. That the boundary modification application, attached hereto as Exhibit "C ", shall be and hereby is approved and accepted. Section IV. That this Resolution constitutes the approval of the request for modification of the Urban Enterprise Zone by the Council and Mayor to the City within which the zone in question is located, as required by the policy guidelines established by the Indiana Enterprise Zone Board, and hereby authorizes the Urban Enterprise Association of South Bend, Indiana, Inc., to submit an application recommended an enterprise zone boundary modification to the Indiana Enterprise Zone Board. Section V. That 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. Pam Meyers, director of Planning and Neighborhood Development, made the presentation for the resolution. She informed the Council that this resolution will approve a boundary modification for the Urban Enterprise Association. She reported that Council's approval will authorize the submittal of the boundary proposal as part of the renewal application to the State Enterprise Zone Board. She advised that certain areas are to be deleted and certain areas to be added to the Zone, however, the final proposal includes 2.98 square miles just under the 3 mile maximum. Council Member Kelly made a motion to adopt the resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2652 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A FIVE YEAR STRATEGIC PLAN, IDENTIFYING THOSE COMMUNITY AND ECONOMIC DEVELOPMENT INCENTIVES AVAILABLE IN THE ENTERPRISE ZONE LOCATED IN SOUTH BEND, INDIANA, AND AUTHORIZING THE SUBMISSION TO THE INDIANA URBAN ENTERPRISE ZONE BOARD AND STATE BUDGET COMMITTEE OF AN APPLICATION FOR THE RENEWAL OF THE ENTERPRISE ZONE LOCATED IN SOUTH BEND, INDIANA WHEREAS, the State of Indiana has enacted I.C. 4- 4 -6.1, allowing certain areas within Indiana to be designated as "Enterprise Zone: areas and entitling property owners therein to certain benefits (as provided by law), from time to time; and WHEREAS, a certain area within the City of South Bend, Indiana has been so designated as an Enterprise Zone effective as of January 1, 1984, said area modified effective as of July, 1987; May, 1989; and October 1993; and WHEREAS, said designation terminates effective December 31, 1998; and WHEREAS, the State of Indiana has provided a mechanism to allow for the renewal of areas designated as Enterprise Zones; and WHEREAS, the Urban Enterprise Association of South Bend, Indiana, Inc., throughout its existence has been engaged in and undertaken a number of programs and operations in and serving businesses and residents located within the Enterprise Zone located within South Bend, Indiana (hereinafter, the "ZONE "),and continues to operate, REGULAR MEETING JULY 13, 1998 supervise and conduct various such programs and operations; and WHEREAS, the Board of Directors of the Urban Enterprise Association of South Bend, Indiana, Inc. (hereinafter, the BOARD) has expressed its continued commitment to its mission of increasing the number of jobs in the ZONE by the retention and expansion of existing businesses and the attraction and development of new businesses and improving the quality of life of ZONE residents, improving ZONE residents' employability, and filling ZONE jobs with ZONE residents; and WHEREAS, the BOARD has caused the development and creation of a five year strategic plan reviewing the history of the Enterprise Association of South Bend, Indiana, Inc. and its past and ongoing activities in the ZONE and to guide its activities within the ZONE over the next five years; and WHEREAS, the BOARD by resolution dated June 24, 1998 approved a proposed modification of the boundaries of the ZONE and authorized the filing of a resolution with the Common Council of the City of South bend, Indiana, seeking the approval of the Common Council and Mayor of the City of South Bend to such boundary modification; and WHEREAS, the BOARD by resolution dated June 24, 1998 approved a proposed modification of the boundaries of the ZONE and authorized the filing of a resolution with the Common Council of the City of South Bend, Indiana, seeking the approval of the Common Council and Mayor of the City of South Bend to such boundary modifications; and whereas, the Board has caused the completion of an application for renewal of the ZONE with said boundary modification; and WHEREAS, after proper adverting of the same pursuant to I.C. 5 -3- 1 -2(b) the BOARD conducted a public hearing on May 27, 1998 to discuss the history of the urban Enterprise Association of south Bend, Inc., its progress, and said five year strategic plan and the proposed boundary modification described herein; and WHEREAS, having considered the same and the comments of the public received at said public hearing, the BOARD determined that said five year strategic plan provides a clear and proper perspective of the past work of the Urban Enterprise Association of South Bend, Indiana, Inc., within the ZONE and sets forth appropriate strategy and gives appropriate guidance to the BOARD concerning its activities in the ZONE over the next five years and that it is in the best interests of the ZONE, the City of South Bend, Indiana, and the businesses and residents in the ZONE, and approved and adopted said five year strategic plan; and WHEREAS, having considered the same and the comments of the public received at said public hearing, the BOARD determined that it is in the best interest of the ZONE, the City of South Bend, Indiana, and the businesses and residents in the ZONE, and approved the application or renewal of the Enterprise Zone designation, with such boundary modification as was approved by the BOARD by resolution dated June 24, 1998; and WHEREAS, the BOARD by resolution dated June 24, 1998 authorized its Executive Director to submit to the Indiana Urban Enterprise Zone Board for its evaluation and review the application for renewal approved hereby, as well as the five year strategic plan approved hereby, and any and all supporting documentation, documents, publication proofs, resolutions, and the like; and WHEREAS, the Common Council of the City of South Bend, Indiana, has reviewed said five year strategic plan, a true and complete copy of which is attached hereto, and has determined that certain community and economic development incentives are available 1 REGULAR MEETING JULY 13, 1998 within the ZONE, with such boundary modification as was approved by the BOARD and that it is in the best interests of the City of South Bend, the ZONE and the residents and businesses within the ZONE, that the application for renewal, as approved by the BOARD, and all supporting documentation, be submitted to the Indiana Urban Enterprise Association for its review and evaluation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. That the following community and economic development incentives are among those available within the ZONE: A. Loans to businesses through the City of South Bend's Industrial Revolving Loan Fund, Corporation for entrepreneurial Development Loan Fund and the Neighborhood Business Development Corporation Loan Fund. B. The availability of tax increment to the City of South Bend Department of Redevelopment for use throughout the Sample -Ewing Development Area, a redevelopment area within the boundaries of which the ZONE is located, for financing local public improvements in or serving the Sample -Ewing Development Area. C. The availability of real and personal property tax abatement for residential, industrial, institutional and warehousing development in the ZONE. D. The targeting of Civil City Good Neighbors Funds by the City of South Bend to assist in funding the operations of the Southeast, Rum Village and Westside Partnership Centers serving the ZONE. E. The targeting of Community Development Block Grant Funds by the City of South Bend to assist in the funding of public improvements, housing, commercial development, organizational support and service provision that affect the ZONE. F Cooperative efforts of the City of South Bend and affected neighbor hood organizations to provide a focus for neighborhood planning and improvement activities. G. The provision of staff services by the City of South Bend to the Neighborhood Resources and Technical Services Corporation, an Indiana non - profit Corporation targeting urban neighborhoods, including the Southeast, Rum Village, Near Westside and Westside neighborhoods and neighborhood associations located within the ZONE for grants, technical support and resource development. 2. That the five year strategic plan, a true and complete copy of which is attached hereto and incorporate herein, dated as of June 24, 1998 shall be and hereby is approved. 3. That the application for renewal of the ZONE, with such boundary modifications as were approved by the BOARD dated June 24, 1998, shall be and is hereby approved. 4. The Executive Director of the BOARD is hereby authorized and directed to cause to be submitted to the Indiana Urban Enterprise zone Board for its evaluation and review the application for renewal approved hereby, as well as the five ear strategic plan approved hereby, and any and all supporting documentation, documents, publication proofs, resolutions, and the like. 5. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. REGULAR MEETING JULY 13. 1998 /s/ Sean Coleman Member of the Common council A public hearing was held on the resolution at this time. Pam Meyers, director of Planning and Neighborhood Development, made the presentation for the resolution. She informed the Council that this resolution will confirm the Urban Enterprise Association's decision to apply for a redesignation for the period of 1999 -2003. She reported that this application requests favorable consideration of the five year plan which includes the UEA's continued support of its successful Sample Street Business Complex incubator and the Zone Resident Employment Program, as well as the implementation of a neighborhood grant program for Zone neighborhoods. Conrad Damian, 719 E. Broadway, indicated that in 1984 the City of South Bend received one of the first Urban Zone designations. He advised that our program has been successful, but it is not completed. He informed the Council that they hope to complete the Sample Street project, and will be giving grants that will help the residential areas of the neighborhoods. Council Member Kelly made a motion to adopt the resolution, seconded by Council Member Ujdak. The resolution was adopted by a roll call vote of eight ayes. BILLS FIRST READING BILL NO. 54 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VARIOUS STREETS AND ALLEYS BOUNDED AS FOLLOWS: HIGH STREET ON THE EAST, THE CONRAIL ROAD ON THE NORTH, RUSH STREET ON THE WEST, AND PENNSYLVANIA AVENUE ON THE SOUTH This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on July 27, seconded by Council Member Varner. The motion carried. BILL NO. 55 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED FIRE PREVENTION This bill had first reading. Council Member Aranowski made a motion to refer this bill to the Heath and Public Safety Committee and set it for public hearing and third reading on July 27, seconded by Council Member Kelly. The motion carried. BILL NO. 56 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (PARK ANNEXATION) This bill had first reading. Council Member Kelly made a motion to refer this bill the Zoning and Annexation Committee and set it for public hearing and third reading on August 10, seconded by Council Member Pfeifer. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Altgeld, spoke regarding the losses at the Hall of Fame. There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 8:40 p.m. ATTEST: City 1 ` President 1 1