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HomeMy WebLinkAbout07-27-98 Council Meeting MinutesREGULAR MEETING July 27,1998 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, July 27, 1998, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, Broden, Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the July 13, 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 July 13, 1998, meeting be accepted and placed on file, seconded by Council Member Kelly. The motion carried. SPECIAL BUSINESS Council Member Kelly made a motion to have a special meeting of the Council on August 31, at 5:15 p.m., for the purpose of having first reading on the three budget bills, seconded by Council Member Broden. The motion carried. A discussion was held on the Council's appointment to TRANSPO. This Board is bipartisan, and a Republican appointment needs to be made, The current appointee is Jeanette Moeller. Council Member Varner reported that Jeanette Moeller has faithfully served on this Board, as well as several other boards, and she wishes to continue. He advised that the local Republican leaders are submitting her name for reconsideration. Council Member Hosinski indicated that he questioned whether the Council has complete discrimination in the bipartisan appointment. He made a motion to continue this matter until August 24, to determine the Council's actual duties, seconded by Council Member Sniadecki. The motion carried. Council Member Aranowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Kelly. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:15 p.m. with nine members present. Chairman 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 REGULAR MEETING JULY 27, 1998 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Dennis Brennan, attorney, made the presentation for the bill. He indicated he was appearing on behalf of Ralph and Rita Lane the petitioners requesting this vacation. He advised that this alley has basically been abandoned by the City for forty years. He reported there was a question of ingress for a neighbor's garage, but that has been resolved. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. 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 RAILROAD ON THE NORTH, RUSH STREET ON THE WEST, AND PENNSYLVANIA AVENUE ON THE SOUTH 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 made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Steve Rudisell, Abonmarche Consultants, made the presentation for the bill. He advised they were requesting the vacation of twelve alleys and three streets within the southeast neighborhood, to allow for a twelve acre park and thirty -three home sites. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Varner. 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 Hosinski made a motion to continue this bill indefinitely, seconded by Council Member Coleman. 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 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, as amended. Bert Prawat, chief of Fire Protection, made the presentation for the bill. He reported that this bill would adopt the 1998 Indiana Fire Code, as well as eliminate the Board of Fire Appeals. Kathleen Cekanski - Farrand, advised that this bill was to be amended in Section 9 -2, line 7, by deleting the word two (2) and replacing it with the word three (3), and in the 9th line add a comma after Department delete the word and, and add a comma after Enforcement in the 10th line, and add "and also in the City Clerk's Office, ". Council Member Coleman made a motion to accept the amendment, seconded by Council Member Aranowski. The motion carried. Council Member Aranowski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. REGULAR MEETING Council Council, carried. JULY 27. 1998 Member Coleman made a motion to rise and report to the seconded by Council Member Aranowski. The motion ATTEST: lty 1 -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 7:30 p.m. Council President Coleman presiding, and nine members present. BILLS THIRD READING BILL NO. 8923 -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 third reading. Council Member Hosinski made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of six ayes and three nays (Council Members Pfeifer, Varner and Ujdak). BILL NO. 8924 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VARIOUS STREETS AND ALLEYS BOUNDED AS FOLLOWS: HIGH STREET ON THE EAST, THE CONRAIL RAILROAD ON THE NORTH, RUSH STREET ON THE WEST, AND PENNSYLVANIA AVENUE ON THE SOUTH This bill had third reading. Council Member Ujdak made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Broden. The motion carried. Council Member Aranowski made a motion to pass the bill, as amended, seconded by Council Member Broden. The bill passed by a roll call vote of nine ayes. BILL NO. 8925 -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 third reading. Council Member Hosinski 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 Hosinski made a motion to pass the bill, as amended, seconded by Council Member Aranowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2653 -98 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 REGULAR MEETING JULY 27, 1998 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. 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 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, South Bend, Indiana, and which are more particularly described as follows: A part of Lot 108 and 109 Wenger's Fifth Addition A 18 -7023 -0886 part of Lot 108 and 109 Wenger's Fifth Addition A 18-7023- 088601 part of Lot 109 Wenger's Fifth Addition 18-7023 -0885 Lot 110 Wenger's Fifth Addition Lot 111 Wenger's Fifth Addition 18- 7023 -0884 Lot 112 Wenger's Fifth Addition 18- 7023 -0878 Lot 113 Wenger's Fifth Addition 18- 7023 -0882 Lot 114 Wenger's Fifth Addition 18- 7023 -0881 A part of Lot 115 Wenger's Fifth Addition 18-7023 -0880 A part of Lot 115 Wenger's Fifth Addition 18-7023 -0879 A part of Lot 116 Wenger's Fifth Addition 18-7023 -0878 A part of Lot 116 and 123 Wenger's Fifth Addition 18 -7023 -0900 A part of Lot 116 Wenger's Fifth Addition 18-7023 -0898 A part of Lot 117 Wenger's Fifth Addition 18-7023 -0897 A part of Lot 117 Wenger's Fifth Addition 18-7023 -0903 A part of Lot 122 Wenger's Fifth Addition 18-7023 -0902 A part of Lot 122 Wenger's Fifth Addition 18-7023 -090 A part of Lot 122 Wenger's Fifth Addition 18-7023 -0905 5 A part of Lot 123 Wenger's Fifth Addition 18-7023- 090401 A part of Lot 123 Wenger's Fifth Addition 18-7023 -0901 Lot 124 Wenger's Fifth Addition 18- 7023 -0899 Lot 125 Wenger's Fifth Addition 18- 7023 -0911 Lot 126 Wenger's Fifth Addition 18-7023 -0912 Lot 127 Wenger's Fifth Addition 18- 7023 -0913 A part of Lot 128 Wenger's Fifth Addition 18-7023 -0914 A part of Lot 129 Wenger's Fifth Addition 18- 7023 -0915 A part of Lot 129 and 130 Wenger's Fifth Addition 18- 7023 -0917 18- 7023 -0918 A part of Lot 130 Wenger's Fifth Addition 18- 7023 -0919 A part of Lot 131 Wenger's Fifth Addition 18- 7023 -0920 A part of Lot 131 Wenger's Fifth Addition 18- 7023 -0921 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 I- I REGULAR MEETING JULY 27. 1998 the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and 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 from and after its adoption by the the Mayor. A public hearing was held on this Kolata, director of Redevelopment, be in full force and effect Common Council and approval by /s/ Sean Coleman Member of the Common Council resolution at this time. Ann made the presentation for the REGULAR MEETING JULY 27, 1998 resolution. She reported that Redevelopment is the petitioner for this abatement. She advised they are working closely with the City's Board of Public Works and American Home Dreams, in order to provide land for a new housing development on the southeast side. 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 nine ayes. RESOLUTION NO. 2654 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING FORM SB -1 AND FORM CF -1 ALLOWING ADDITIONAL EQUIPMENT TO BE DEDUCTED FROM THE ASSESSED VALUATION OF APOLLO PRECISION MACHINING, INC. Whereas, the Common Council of the City of South Bend, Indiana, previously approved a five (5) year personal property tax abatement for Apollo Precision Machining, Inc., on August 8, 1994, through Resolution Number 2162 -94 for personal property to be located at 4075 Ralph Jones Drive, South Bend, Indiana, and Whereas, the Equipment in question belonging to Apollo Precision Machining, Inc., was purchased and installed at 4075 Ralph Jones Drive, South Bend, Indiana, and is operated at this site for manufacturing purposes, and Whereas, Apollo Precision Machining, Inc. has met or exceeded all promises for new capital investment, jobs retained, new jobs created and related salaries, and Whereas, the City of South Bend desires to approve the correcting procedural problems as allowed under Rule 4, Miscellaneous Provisions, 50 IAC 10 -4 -1 Correcting Procedural Problems, Sections 1 through 4, allowing Apollo Precision Machining, Inc. to capture any remaining years of abatement granted in Resolution Number 2162 -94. Therefore, the Common Council of the City of South Bend, Indiana, wishes to approve the Form SB -1 and accompanying Form CF -1 dated July 14, 1998 and allow said equipment to be deducted from the assessed valuation of Apollo Precision Machining, Inc. 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. Bob Price, a representative of Apollo, made the presentation for the resolution. He reported that in 1994 they applied for a personal and real tax abatement for expansion of our operation. He advised they requested an abatement of $250,000 for equipment, however, they spent $540,000. He also advised they had projected eighteen new jobs would be created and they have twenty -six new employees. He indicated they did not know they could include the $326,000 in their 1994 abatement, therefore, nothing was filed. He informed the Council that through this resolutions, they were requesting relief for the $326,000 for the next couple of years left on their abatement. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2655 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 27, 1998 1402, AND 1408 WEST WASHINGTON, 113 -111 SOUTH WALNUT, AND 102, 111, AND VACANT LOT ADJACENT TO 111 CHESTNUT RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION 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 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,, South Bend, Indiana, and which are more particularly described as follows: Street Address * Legal Description Key Number Corner of West Ex. 21 1/2 Ft. E Side Lot 8 18- 1045 -1953 Washington/Studebaker Studebaker &Hines Bol 80 1331 West Washington E. 21 '/2 Ft. Lot 8 & W 11 '/2 Ft 18- 1045 -1954 Lot 2 W 33.5'x 100.5'84'N. of Lot 7 Studebaker & Hines bol 80 1327 West Washington 38 Ft. E. Side Lot 7 3 1/4 ft. W. 18- 1045 -1955 Lot 2 except 33.5'x100.5' 84' NW 18- 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 Ft.Mid 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) REGULAR MEETING JULY 27. 1998 together now known as and having tax key number , respectively, as Residentially Distressed Areas; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. — SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; are: B. A significant number of dwelling units in the areas i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1 -12 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. REGULAR MEETING Such designation limited to five the Declaratory JULY 27. 1998 is for Real property tax abatement only and is (5) calendar years from the date of adoption of 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. Suzanne Koehler, development specialist for South Bend Heritage, made the presentation for the resolution. She indicated they were seeking abatement in order to stimulate development in the West Washington neighborhood. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2656 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 100 NAVARRE PLACE, SOUTH BEND, INDIANA TO BE 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, 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 100 Navarre Place, South Bend IN, and which is 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 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 REGULAR MEETING JULY 27, 1998 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. with said real estate having the following Key Number 18 1009 036001, 18 1009 0360, 18, 1009 36101, 18 1009 036102, 18 1009 0362, 18 1009 036401, 18 1009 0355, 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. 1s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Phil Faccenda, Jr., attorney, made the presentation for the resolution. He reported that Memorial proposes to build a six story building which will be office space and a parking garage, at a total cost, including signalization and road changes, of $41,000,000. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2657 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2918, REGULAR MEETING JULY 27, 1998 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 RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WOODFIELD DOWNS, 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 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 or 2927 Corpus Christi Drive ** 2923 Corpus Christi Drive 2919 Corpus Christi 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 Oakwood Villas Sec Two Lot 40 Oakwood Villas Sec Two Lot 41 (* 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). as Residentially Distressed Areas; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12,1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that REGULAR MEETING JULY 27, 1998 the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1 -12 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Tim REGULAR MEETING JULY 274 1998 Murray, 51715 Darthmore, made the presentation for the resolution. He advised this was phase three of their development, and tax abatements would help them sell these homes. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2658 -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 5125, 5133, 5209, 5217, 5225 CANTON ST.; 2252, 2259, 2260, 2267, 2268, 2309, 2310, 2318 HARWOOD ST.; 2250, 2251, 2258, 2259, 2266, 2267, 2308, 2309, 2316, 2317, 2324 CRANSTON ST.; AND 2260, 2268, 2309, 2310, 2318 CHESIRE DR., AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GIBRALTAR HOME BUILDERS 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 5125, 5133, 5209, 5217, 5225 Canton St.; 2252, 2259, 2260, 2267, 2268, 2309, 2310, 2318 Harwood St.; 2250, 2251, 2258, 2259, 2266, 2267, 2308, 2309, 2316, 2317, 2324 Cranston St.; and 2260, 2268, 2309, 2310, 2318 Chesire Dr., Street, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 5125 Canton Street Lot 3, Staffordshire 26 -1035- 058905 5133 Canton Street Lot 2, Staffordshire 26- 1035- 058904 5209 Canton Street Lot 38, Staffordshire 26- 1035- 058920 5217 Canton Street Lot 37, Staffordshire 26- 1035- 058919 5225 Canton Street Lot 36, Staffordshire 26- 1035- 058918 2252 Harwood Street Lot 86, Staffordshire 26- 1035- 058941 2259 Harwwod Street Lot 5, Staffordshire 26- 1035- 058907 2260 Harwood Street Lot 85, Staffordshire 26- 1035- 058940 2267 Harwood Street Lot 6, Staffordshire 26- 1035- 058908 2268 Harwood Street Lot 84, Staffordshire 26- 1035- 058939 2309 Harwood Street Lot 7, Staffordshire 26 -1035- 058909 2310 Harwood Street Lot 83, Staffordshire 26- 1035- 058938 2318 Harwood Street Lot 82, Staffordshire 26- 1035- 058937 2250 Cranston Street Lot 34, Staffordshire 26- 1035- 058916 2251 Cranston Street Lot 40, Staffordshire 26 -1035- 058922 2258 Cranston Street Lot 33, Staffordshire 26- 1035- 058915 2259 Cranston Street Lot 41, Staffordshire 26- 1035- 058923 2266 Cranston Street Lot 32, Staffordshire 26- 1035- 058914 2267 Cranston Street Lot 42, Staffordshire 26- 1035- 058924 2308 Cranston Street Lot 31, Staffordshire 26- 1035- 058913 2309 Cranston Street Lot 43, Staffordshire 26 -1035- 058925 2316 Cranston Street Lot 30, Staffordshire 26- 1035- 058912 2317 Cranston Street Lot 44, Staffordshire 26- 1035- 058926 2324 Cranston Street Lot 29, Staffordshire 26- 1035- 058911 2260 Chesire Drive Lot 62, Staffordshire 26- 1035- 058931 2268 Chesire Drive Lot 61, Staffordshire 26- 1035- 058930 2309 Chesire Drive Lot 66, Staffordshire 26- 1035- 058935 2310 Chesire Drive Lot 60, Staffordshire 26- 1035- 058929 2318 Chesire Drive Lot 59, Staffordshire 26 -1035- 058928 REGULAR MEETING as Residentially Distressed Areas Code 6 -1.1 -12.1 et sea., and South 2 -76 et sea., and; JULY 27, 1998 under the provisions of Indiana Bend Municipal Code Sections 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 sea., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the 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 sec'., 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. 1 1 REGULAR MEETING JULY 27,1998 SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the 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. Peter Barberino, 20200 Jewell, made the presentation for the resolution. He reported there are eight -six lots in this development, and twenty -nine are eligible for tax abatement. He reported that this project will help to keep people in the City. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2659 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE SOLID WASTE MANAGEMENT DISTRICT OF ST. JOSEPH COUNTY'S DECISION TO PROVIDE TOTAL DISTRICT -WIDE CURBSIDE COLLECTION OF RECYCLABLE MATERIALS IN THE CITY OF SOUTH BEND, INDIANA Whereas, the South Bend Common Council acknowledges that on March 10, 1997, the Solid Waste Management District of St. Joseph County adopted Resolution No. 5 -97 which called for mandatory curbside recycling by means of competitively bid contracts; and Whereas, the South Bend Common Council acknowledges that on March 10, 1997, the Solid Waste Management District of St. Joseph County adopted Resolution No. 5 -97 which called for mandatory curbside recycling by means of competitively bid contracts; and REGULAR MEETING JULY 27, 1998 Whereas, pursuant to Indiana Code 9 13- 21 -3 -12 (17), the City of South Bend is required to adopt a concurring Resolution in order for mandatory curbside recycling services can be provided within the city limits. Now, therefore, be it ordained by the Common Council of the City of south Bend, Indiana, as follows: Section I. The Common Council and the City Administration of the City of South Bend, St. Joseph County, Indiana, acknowledge the mandatory curbside recycling program developed by the Solid Waste Management District of St. Joseph County. Section II. The City of South Bend acknowledges that the Solid Waste Management District of St. Joseph County has determined that the mandatory curbside recycling will be provided by the District at a reasonable cost and that such service will benefit the public health, welfare and safety of the residents of the District. Section III. The Common Council and the City Administration hereby resolve to support and authorize implementation of the mandatory curbside recycling service within the municipal boundaries of South Bend requiring participation by all single family residences and rental complexes with fewer than five (5) units. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Larry McHugh, president of the Solid Waste District Board made, the presentation for the resolution. He advised that a bid for a county -wide recycling program was accepted. He advised the cost would be $1.60 per household for the city and $1.76 for bin replacement. He reported it was necessary for the municipality to approve a resolution for this to be effective in the city. Jack Dillon, director of Environmental Services, spoke in favor of this resolution. Council Member Ujdak made a motion to amend this resolution in Section 3 after the five units; add "and do hereby urge the Solid Waste Management District of St. Joseph County to develop and adopt a mandatory recycling program for residential complexes in excess of four (4) units., seconded by Council Member Hosinski. The motion carried. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Pfeifer. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2660 -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 AND 2924 ELWOOD, 2516 BERGAN STREET, 2005 AND 2045 MEADE STREET, AND 1350 BISSELL AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT IN FOR VALUE PLUS CONSTRUCTION, 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 as 2918 and 2924 Elwood, 2516 Bergan Street, 2005 and 2045 Meade Street, and 1350 Bissell Street, South Bend, Indiana, and which are more particularly described as follows: REGULAR MEETING Street Address 2918 Elwood* 2924 Elwood* 2516 Bergan Street 2005 Meade Street 2045 Meade Street 1350 Bissell* JULY 27, 1998 Legal Description Key Number Lot 149 Lincoln Terrace Plat 18- 2041 -1412 Lot 150 Lincoln Terrace Plat 18- 2041 -1411 Lot 151 Lincoln Terrace Plat 18- 2041 -1410 Lot 152 Lincoln Terrace Plat 18- 2041 -1409 Lot 549 Vernon Heights Add. 18- 2096 -3601 Lot 525 Vernon Heights Add. 18- 2095 -3579 Lot 520 Vernon Heights Add. 18- 2095 -3562 Lot 78 Park Place Second Plat 18 -5086 -3063 Lot 23 No. Sunnyside 2nd Add. 18 -5086 -3076 (* Two lots will be combined into one build able lot) 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 sea., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the 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 REGULAR MEETING JULY 27, 1998 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. Is/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this resolution and recommended it to Council favorable. Tom Ford, president of Value Plus made the presentation for the resolution. He urged the Council to approve these abatements for inner -city affordable housing. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Pfeifer. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2661 -98 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF REGULAR MEETING JULY 27, 1998 SOUTH BEND, INDIANA, FROM VARIOUS FUNDS TO THE VARIOUS FUNDS WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA It is necessary to provide funds for the Water Works Operating Fund No. 620, in order to meet the current operating expenses. There are monies on deposit to the credit of the Wastewater Fund No. 642, which can be temporarily advanced or transferred to the aforementioned fund. Indiana Code 36 -1 -8 -4 authorizes the Common Council of the City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such a period of time as may be prescribed in the Resolution. Now, Therefore, be it Ordained by the Common Council of the City of South Bend, Indiana as follows: Section I. The City Controller of the City of South Bend is authorized not to exceed $700,000.00 from the Wastewater Fund No. 642 to the Water Works Operation Fund No. 620. Any such transfers must be repaid by December 31, 1998. FROM: MAXIMUM TO: Wastewater $700,000.00 Water Works Fund No. 642 Operating Fund No. 620 Section II. Such transfer shall be made for a period of time not to extend beyond December 31, 1998, and any funds so transferred shall be returned and repaid to the Wastewater Fund No. 642. Section III. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. John Stancati, director of the Water Works, made the presentation for the resolution. He reported they have a cash flow problem, and are asking that these funds be transferred. He advised they will be repaid by December 31. He informed the Council that water pumpage is down, due to the weather. He indicated. that they are curbing expenses and this transfer will give them the cash flow necessary to operate. Jim Cierzniak, 1156 E. Victoria, inquired as to the amount of money involved in the transfer. It was explained that the transfer was $700,000. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Pfeifer. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO.-57-98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; MATTEO ANNEXATION This bill had first reading. Council Member Broden made a motion to refer this bill to the Zoning and Annexation Committee and set it for public hearing and third reading on August 10, seconded by Council Member Kelly. The motion carried. BILL NO. 58 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE REGULAR MEETING JULY 27, 19 9 8 MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED REGULATIONS ADDRESSING TATTOO, BODY PIERCING, SCARIFYING AND BRANDING ESTABLISHMENTS AND PERSONNEL This bill had first reading. Council Member Pfeifer made a motion to set this bill for public hearing and third reading on August 24, and refer it to the Health and Public Safety Committee, seconded by Council Member Aranowski. The motion carried. -1 .; UNFINISHED BUSINESS Council Member Broden made a motion to set Bill No. 48 -98 for public hearing and third reading on August 10, 1998, and refer it to the Zoning and Vacation Committee, seconded by Council Member Varner. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzinak, 1155 E. Altgeld, spoke regarding the expenses 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 8:30 p.m. ATTEST: ea' - G-0��� President 1 1