Loading...
HomeMy WebLinkAbout07-28-97 Council Meeting MinutesREGULAR MINUTES JULY 28, 1997 WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Centre Township, St. Joseph County, Indiana, be annexed to the City of South Bend. THAT PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 21 WHICH IS S. 000 00' 00" E. (ALL BEARINGS ASSUMED), 660 FT. MORE OR LESS FROM THE NORTH QUARTER POST OF SAID SECTION 21; THENCE S. 000 00' 00" E. ALONG SAID QUARTER LINE, 660 FT. MORE OR LESS TO THE NORTH LINE OF THE RECORDED PLAT OF "SHIVELY'S INDUSTRIAL PARK PHASE ONE" AS RECORDED BY DOCUMENT NO. 9524751 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, RECORDER'S OFFICE; THENCE S. 890 53' 06" W. ALONG THE NORTH LINE OF SAID SUBDIVISION 330 FT. MORE OR LESS; THENCE N. 000 00100" W., 660 FEET MORE OR LESS; THENCE NO. 900 00'00" E., 330 FT. MORE OR LESS TO THE POINT OF BEGINNING. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as REGULAR MINUTES JULY 28, 1997 street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with Federal, State and local laws, procedures, and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This resolution shall be in full force and effect upon its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member, Common Council A public hearing was held on the resolution at this time. Marco Mariani, Planning and Neighborhood Development, made the presentation for the resolution. He noted this was a voluntary annexation for a five acre area, which is currently vacant land, located in the Toll Road Industrial Park. He reported that all municipal services are available to the area. A representative of U.S. Freight Ways and Holland Express indicated they need the additional space for their facility. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Hosinski. 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 7:08 p.m. with nine members present. Chairman Coleman presiding. BILL NO. 59 -97 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; DAN FUERBRINGER This being the time heretofore set for public hearing on the above bill, proponents -and opponents were given an opportunity to be heard. Council Member Hosinski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Aranowski. The motion carried. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Robert Henry, of the Robert Henry Corporation, made the presentation for the bill. He indicated they plan to expand their parking area for tractors and trailers. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Sniadecki. The motion carried. BILL NO. 41 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 311 EAST IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Varner. The motion carried. Council Member Hosinski REGULAR MINUTES JULY 28, 1997 reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, assistant director of Area Plan, indicated that the petitioners were requesting to rezone this property from "C.2" to "C" to allow for an automobile parts and retail service store. He reported that the Area Plan Commission recommends this bill to the Council favorable. Anthony Zappia, attorney, made the presentation for the bill. He reported that this zoning is to remodel an existing facility for Pep Boys, who presently have 690 stores, that handle an assortment of accessories for automobiles. He indicated this renovation would cost from 1.7 to 2 million dollars, and will employ approximately 35 full time employees. Council Member Varner asked about overnight parking of vehicles. Kelly Kilroy, architect for the project, indicated it was not Pep Boys policy to store vehicles overnight. Council Member Borden made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Hosinski. The motion carried. BILL NO. 61 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF WEST ANGELA BOULEVARD FROM THE EAST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY WEST OF NORTH LAFAYETTE BOULEVARD TO THE WEST RIGHT -OF -WAY OF WEST ANGELA BOULEVARD FOR A LENGTH OF APPROXIMATELY 665.2 FEET AND A WIDTH OF 7 FEET. PART LOCATED IN PARKOVASH ADDITION TO NAVARRE PLACE, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Council Member Varner made a motion to continue public hearing on this bill until August 11, at the request of the petitioner, seconded by Council Member Hosinski. The motion carried. BILL NO. 63 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF BARTLETT STREET FROM THE EAST RIGHT -OF -WAY OF NORTH MICHIGAN STREET TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH MICHIGAN STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. THIS ALLEY IS SITUATED IN ROCKSTROH'S SECOND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BETWEEN LOTS 8 AND 9; AND ALSO, THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF EAST BARTLETT STREET FROM THE EAST RIGHT - OF -WAY OF THE FIRST NORTH -SOUTH ALLEY TO THE WEST RIGHT -OF -WAY OF NORTH ST. JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN ROCKSTROH'S 2ND ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. THIS ALLEY IS SITUATED IN ROCKSTROH'S SECOND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BETWEEN LOTS 33 AND 34 This being the 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. Bruce Bancroft, attorney, made the presentation for the resolution. He indicated the alley vacations are for Memorial Health System, who owns the property on both side of the alley on Bartlett, and the second alley has an entrance on St. Joseph and they want it closed in order for them to configure this for parking. He reported that will talk with the Fire Department regarding access to property along St. Joseph Street. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded Council Member Sniadecki. The motion carried. BILL NO. 64 -97 A BILL FIXING THE ANNUAL PAY AND MONETARY FRINGE REGULAR MINUTES JULY 28, 1997 BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 1998, 1999, 2000 AND 2001 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathleen Cekanski- Farrand, attorney for the Council, made the presentation for the bill. She thanked every one who took part in the negotiations. She indicated both the City and the Police negotiation teams were challenged this year. She reported this was the first four year ratification agreement in the history of the Police Department. She indicated that our FOP was ranked fourteen out of sixteen second class cities, and we are making every effort to have competitive salaries. She indicated this agreement includes a fifth shift to provide better officer coverage of the City; there is a new seniority -shift incentive premium pay for afternoon, midnights and the 5th shift; new critical duty day stipends for six days, as there will no longer be holiday pay for every member of the department; there is a new wellness and fitness program; a new zero tolerance drug policy; and a new body armor quartermaster system. Council Member Ujdak made a motion to amend this bill in Section K, last line, delete the word "tuition ", seconded by Council Member Hosinski. The motion carried. Mayor Luecke thanked the negotiating teams for their work in reaching an agreement which will enhance safety for our citizens. He also thanked the FOP for accepting this contract. Police Chief Gunn complemented both negotiating teams. He indicated the fifth shift was important to our community policing and will give us the flexibility to provide better service to our neighborhoods. Police Sergeant Trent, who served on the police wage team, thanked the City wage team for their efforts in obtaining this successful contract. He indicated he felt that both teams did their best, and the Department will be able to get professional officers. The Council Members congratulated both negotiating teams. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Aranowski. The motion carried. BILL NO. 67 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING SEVENTY THOUSAND DOLLARS ($70,000) FROM THE GENERAL FUND This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Council Member Hosinski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Carl Littrell, acting city engineer, made the presentation for the bill. He reported this appropriation would be used for upgrading and adding signalization of three intersections: Lombardy and Western, Western and Scott, Mayflower and Linden. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. BILL NO. 68 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE REQUIREMENTS FOR THE LICENSING OF SCRAP METAL DEALERS, JUNK DEALERS, RECYCLING OPERATIONS, AND TRANSFER STATIONS 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 Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Ann Carol Simons, assistant city attorney, made the presentation for the bill. She noted that the purpose 1 1 REGULAR MINUTES JULY 28, 1997 of this bill is to update our licensing requirements regarding scrap yards. She indicated this bill would change the license requirements that an operation of this type could not be located within 1,000 feet of any lot being lawfully used, entirely or in part, as a single - family, two - family, or multi- family dwelling. She reported that there is an increase in the acreage required to five acres, the fencing requirements have been increased, as well as the license fee has gone up to $400. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Kelly. The motion carried. REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:01 p.m. Council President Kelly presiding, and nine members present. ORDINANCE NO. 8808 -97 Passage of this ordinance is after Ordinance No. 8811 -97. ORDINANCE NO. 8809 -97 AN ORDINANCE 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; DAN FUERBRINGER This bill had third reading. Council Member Coleman made a motion pass this bill, seconded by Council Member Hosinski. The motion carried. ORDINANCE NO. 8810 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 311 EAST IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member motion to amend this bill, as amended in the Whole, seconded by Council Member Hosinski. Council Member Coleman made a motion to pass amended, seconded by Council Member Hosinski a roll call vote of nine ayes. ORDINANCE NO. 8811 -97 Coleman made a Committee of the The motion carried. the bill, as The bill passed by AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF BARTLETT STREET FROM THE EAST RIGHT -OF -WAY OF NORTH MICHIGAN STREET TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH MICHIGAN STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. THIS ALLEY IS SITUATED IN ROCKSTROH'S SECOND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BETWEEN LOTS 8 AND 9; AND ALSO, THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF EAST BARTLETT STREET FROM THE EAST RIGHT -OF -WAY OF THE FIRST NORTH - SOUTH ALLEY TO THE WEST RIGHT -OF -WAY OF NORTH ST. JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN ROCKSTROH'S 2ND ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. THIS ALLEY IS SITUATED REGULAR MINUTES JULY 28, 1997 IN ROCKSTROH'S SECOND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BETWEEN LOTS 33 AND 34 This bill had third reading. Council Member Coleman made a motion pass this bill, seconded by Council Member Hosinski. The motion carried. ORDINANCE NO. 8808 -97 A BILL FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 1998, 1999, 2000 AND 2001 This bill had third reading. Council Member Coleman 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 Coleman 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. (This bill was passed in sequence, however, a number was assigned previous to passage.) ORDINANCE NO. 8812 -97 AN ORDINANCE BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING SEVENTY THOUSAND DOLLARS ($70,000) FROM THE LOCAL ROAD AND STREET FUND This bill had third reading. Council Member motion to amend this bill, as amended in the Whole, seconded by Council Member Aranowski. Council Member Coleman made a motion to pass amended, seconded by Council Member Hosinski a roll call vote of nine ayes. Coleman made a Committee of the The motion carried. the bill, as The bill passed by ORDINANCE NO. 8813 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE REQUIREMENTS FOR THE LICENSING OF SCRAP METAL DEALERS, JUNK DEALERS, RECYCLING OPERATIONS, AND TRANSFER STATIONS This bill had third reading. Council Member Hosinski made a motion pass this bill, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 97 -43 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 445 BROOKFIELD STREET, SOUTH BEND, INDIANA Council Member Coleman made a motion to strike this bill, at the request of the petitioner, seconded by Council Member Hosinski. The motion carried. RESOLUTION NO. 97 -44 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 1945 E. RANDOLPH ST., SOUTH BEND, INDIANA Council Member Coleman made a motion to continue public hearing on this bill until August 11, at the request of the petitioner, seconded by Council Member Aranowski. The motion carried. 1 1 REGULAR MINUTES RESOLUTION NO. 2483 -97 JULY 28, 1997 • RESOLUTION CONFIRMING THE ADOPTION OF • DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 S. MAIN STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GENERAL SHEET METAL, 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 1902 S. Main, and which is more particularly described as follows: PARC OF LAND BEG APPROX 140' E OF CENTERLINE OF CALVERT AND LAFAYETTE ST & BEING PT OF W1 /2SW1 /4 SEC 13 -37 -2E CONT 1.94AC +- 573' ON E SIDE LAFAYETTE ST ETC BEG SE COR CALVERT ST CONT APPX 1.2216 ACRS SEC 13 -37 -2E LOTS 35,36, & N 18' VAC BOWMAN ST & 14' VAC ALLEY W & ADJ & S VAC ALLEY N & AND TO LOT 35 BOWMAN'S 1ST ADDN LOT 10 & VAC ALLEY BET LOTS 1011 LOT 11 & EX 15 FT FOR ST STOVER & WITWER ADD LOT 34 & E1 /2 VAC ALLEY W & ADJ & N1 /2 VAC ALLEY SO. & ADJ BOWMANS 1ST ADD. LOTS 18 THRU 22 & E h VAC ALLEY W & ADJ & E -W VAC ALLEY W & ADJ & E -W VAC ALLEY BET LOTS 18 & 19 STOVER & WITWER ADD with said real estate having the following Key No.18 8012 056701; 18 8012 0567; 18 8011 048901; 18 8010 0453; 18 8010 046601; 18 8010 0451, as an Economic Revitalization Area, and Whereas, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -25; and Whereas, the Council held a public hearing for the purpose of hearing all remonstrances and objections from interested persons; and Whereas, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of FIVE (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by REGULAR MINUTES JULY 28, 1997 the Mayor. Is/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Mike Wojtysiak, CPA, made the presentation for the resolution. He indicated this company provides metal fabricated products, and in order to remain competative and to maintain quality and achieve future growth it is necessary that the purchase additional equipment. Council Member Pfeifer made a motion to adopt the resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2484 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2216, 2222 AND 2230 SOUTH MEADE STREET, RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR G & M PROPERTIES WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as 2216,2222 and 2230 S. Meade, South Bend, Indiana, and which are more particularly described as follows: 2216 S. Meade St. Lot 248A Homeland 2nd Add. 18- 8105 -3976 2222 S. Meade St. Lot 250A Homeland 2nd Add. 18- 8105 -3980 2230 S. Meade St. Lot 252 Homeland 2nd Add. 18- 8105 -3984 as Residentially Distressed Areas; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the area 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 r. REGULAR MINUTES JULY 28, 1997 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 Untied States. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and H. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Co the following: A. The deduction will rehabilitated to meet local B. The deduction will rehabilitation is completed the date of the adoption of Common Council. incil also hereby determines and finds not be allowed unless the dwelling is code standards for habitability. not be allowed unless the dwelling within five (5) calendar years from the Declaratory Resolution by the SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Michael Urbanski, Garden Homes, made the presentation for the resolution. He indicted that with this abatement there will be three new homes located in the southwest area for families that have never owned a home. 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 nine ayes. RESOLUTION NO. 2485 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 6, LANDMARK INDUSTRIAL PARK, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR DENNIS BAMBER, INC. D.B.A. THE WOODWIND AND THE BRASSWIND 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 REGULAR MINUTES JULY 28, 1997 of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Lot 6, Landmark Industrial Park, South Bend IN, and which is particularly described as follows: Lot Numbered Six (6), as shown on the recorded Plat of Landmark Business Park, Section 3, recorded April 18, 1985 as Document Number 8506870 in the Office of the Recorder of St. Joseph County, Indiana. with said real estate having the following Key No. 25- 1017 - 060606 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Dennis Bamber, petitioner, made the presentation for the resolution. He reported they are constructing a facility in order to put the operation of the music business under one roof. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2486 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4085 RALPH JONES DR. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR APOLLO PRECISION MACHINING, 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 REGULAR MINUTES JULY 28, 1997 Whereas, a Declaratory Resolution designated the area commonly known as 4085 Ralph Jones Dr., and which is more particularly described as follows: Toll Road Industrial Park Sec Lot 5, 2.37AC with said real estate having the following Key No.25 1013 -0223, as an Economic Revitalization Area, and Whereas, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -25; and Whereas, the Council held a public hearing for the purpose of hearing all remonstrances and objections from interested persons; and Whereas, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of FIVE (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Mike Wojtysiak, CPA, made the presentation for the resolution. He indicated this company is planning an expansion of their facility, in order to expand into new markets. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to combine public hearing on the next two resolutions, seconded by Council Member Varner. The motion carried. RESOLUTION NO. 2487 -97 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5021 F.J. NIMTZ PARKWAY, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF MIDWEST LAND COMPANY WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as north REGULAR MINUTES JULY 28, 1997 side of Nimtz Parkway, next to 5301 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: Part of the southeast quarter (SE1 /4) of Section 20, Township 38 North, Range 2 East, situate in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Commencing at a one inch iron pipe with a cap stamped "M &B 13" marking the Northwest corner of the Southeast Quarter (SE1 /4) of said Section 20; thence south 00 degrees 19 minutes 53 seconds East along the West line of the Southeast Quarter (SE1 /4) of said Section 20 a distance of 427.00 feet to a drill hole set in concrete, said point being the Southwest corner of land conveyed to the State of Indiana, in Deed Record 538, Page 72; thence continuing south 00 degrees 19 minutes 53 seconds East along the West line of the Southeast Quarter (SE1 /4) of said Section 20 a distance of 44.25 feet to a drill hole set in concrete on the North right -of -way line of the F. Jay Nimtz Parkway; thence North 89 degrees 40 minutes 07 seconds East along the North right - of -way line of said F. Jay Nimtz Parkway (80 foot right -of- way) a distance of 786.63 feet to the place of beginning of this description; thence continuing North 89 degrees 40 minutes 07 seconds East along the North right -of -way line of said F. Jay Nimtz Parkway (80 foot right -of -way) a distance of 477.78 feet to a one inch pipe with a cap stamped "M &B 13" marking the point of curvature of a tangent curve to the right having a radius of 1640.00 feet and a central angle of 21 degrees 47 minutes 52 seconds; thence Eastwardly and Southeastwardly along the North right -of -way line of said F. Jay Nimtz Parkway and along said curve a distance of 623.93 feet; thence North 00 degrees 19 minutes 53 seconds West parallel with the East line of land conveyed to the Board of Aviation Commissioners of St. Joseph County, Indiana in Deed Record 246, Page 274 a distance of 540.72 feet; thence North 89 degrees 47 minutes 15 seconds West parallel with the North line of the Southeast Quarter (SE1 /4) of said Section 20 and the North line of said Commissioners Land a distance of 1082.81 feet; thence South 00 degrees 11 minutes 51 seconds West parallel with the East line of land conveyed to the State of Indiana in Deed Record 538, Page 72 a distance of 433.76 feet to the place of beginning of this description. Containing 11.212 acres of land. and this property has Key Number 25 1018 0628, be designated as an Economic Revitalization Area under the provisions of.Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et sea.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code Sections 2- 76 et sea. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds REGULAR MINUTES JULY 28, 1997 pursuant to Indiana Code-6-1.1-12.1-4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can bereasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1 -12.1- 4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council RESOLUTION NO. 2488 -97 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5021 F.J. NIMTZ PARKWAY, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF MIDWEST LAND COMPANY WHEREAS, a petition for real property tax abatement has been REGULAR MINUTES JULY 28, 1997 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 north side of Nimtz Parkway, next to 5301 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: Part of the southeast quarter (SE1 /4) of Section 20, Township 38 North, Range 2 East, situate in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Commencing at a one inch iron pipe with a cap stamped "M &B 13" marking the Northwest corner of the Southeast Quarter (SE1 /4) of said Section 20; thence south 00 degrees 19 minutes 53 seconds East along the West line of the Southeast Quarter (SE1 /4) of said Section 20 a distance of 427.00 feet to a drill hole set in concrete, said point being the Southwest corner of land conveyed to the State of Indiana, in Deed Record 538, Page 72; thence continuing south 00 degrees 19 minutes 53 seconds East along the West line of the Southeast Quarter (SE1 /4) of said Section 20 a distance of 44.25 feet to a drill hole set in concrete on the North right -of -way line of the F. Jay Nimtz Parkway; thence North 89 degrees 40 minutes 07 seconds East along the North right - of -way line of said F. Jay Nimtz Parkway (80 foot right -of- way) a distance of 786.63 feet to the place of beginning of this description; thence continuing North 89 degrees 40 minutes 07 seconds East along the North right -of -way line of said F. Jay Nimtz Parkway (80 foot right -of -way) a distance of 477.78 feet to a one inch pipe with a cap stamped "M &B 13" marking the point of curvature of a tangent curve to the right having a radius of 1640.00 feet and a central angle of 21 degrees 47 minutes 52 seconds; thence Eastwardly and Southeastwardly along the North right -of -way line of said F. Jay Nimtz Parkway and along said curve a distance of 623.93 feet; thence North 00 degrees 19 minutes 53 seconds West parallel with the East line of land conveyed to the Board of Aviation Commissioners of St. Joseph County, Indiana in Deed Record 246, Page 274 a distance of 540.72 feet; thence North 89 degrees 47 minutes 15 seconds West parallel with the North line of the Southeast Quarter (SE1 /4) of said Section 20 and the North line of said Commissioners Land a distance of 1082.81 feet; thence South 00 degrees 11 minutes 51 seconds West parallel with the East line of land conveyed to the State of Indiana in Deed Record 538, Page 72 a distance of 433.76 feet to the place of beginning of this description. Containing 11.212 acres of land. and which has Key Number 25 1018 0628, 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: REGULAR MINUTES JULY 28, 1997 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. 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 hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) 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 the Mayor. REGULAR MINUTES JULY 28, 1997 /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolutions at this time. Council Member Broden reported that the Community and Economic Development Committee had met on these resolutions and recommended them to the Council favorable. Phillip Faccenda, Jr., attorney, made the presentation for the resolutions. He indicated Midwest was granted a ten year real and a five year personal abatement in June of 1996 for construction of a new facility and installation of related equipment. He reported this company is now requesting an extension of four years on the designation making the total designation six years. He also reported that this company is one of the few, if not the only printing company presently building a facility in the U.S. Council Member Hosinski made a motion to adopt Resolution No. 2487 -97, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Hosinski made a motion to adopt Resolution No. 2488 -97, seconded by Council Member Ujdak. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2489 -97 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 1113 & 1121 BISSELL AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR NEIGHBORHOOD HOUSING SERVICES WHEREAS, a Statement of Benefits and a tax abatement has been submitted to and for consideration by the Common Council Bend, Indiana requesting that the areas 1121, Bissell, South Bend, Indiana, and particularly described as follows: .Detition for real property filed with the City Clerk of the City of South commonly known as 1113 & which are more 1113 Bissell Street Lot 117, Park Place 2nd Addn &!� Lot 118, Park Place 2nd Addn. 1121 Bissell Street Lot 119, Park Place 2nd Add &i� Lot 118, Park Place 2nd Addn. which has tax key number 18- 5084 -2969, 18- 5084 -2970, 18 -5084- 2971, 18- 5084 -2070, be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., 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 seq., 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 fl REGULAR MINUTES JULY 28, 1997 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 (100) of the total area within the designating body's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. C. That the description of the proposed redevelopment meets the applicable standards for such development. D. That the estimate of the value of the redevelopment is reasonable for projects of this nature; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the areas herein described be designated as Residentially Distressed Areas and hereby adopts a Resolution designating these areas as Residentially Distressed Areas for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Areas shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. REGULAR MINUTES JULY 28, 1997 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Broden reported that the Community and Economic Development Committee had met on this resolution and recommended it to the Council favorable. Anne Bockenkemp, executive director of Neighborhood Housing Services, She reported they have been working in this target area to upgrade the homes. She indicated they were requesting tax abatement for two homes which will cost around $68,000 each, tax abatement was an intregal part of the salability of the homes and the Consortium will provide matching grants so the cost will be approximately $55,000. Council Member Broden made a motion to adopt the resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of nine ayes. Council Member Varner made a motion to combine public hearing on the next two resolutions, seconded by Council Member Broden. The motion carried. RESOLUTION NO. 2490 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND.DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2722 TUCKER DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 2722 Tucker, South Bend, Indiana, and which is more particularly described as follows: Beginning at a point on the east line of the southwest 1/4 of the northwest 1/4 of said Section 15, 580.64 feet south of the northeast corner of said southwest 1/4 of the northwest 1/4, said point being 172.0 feet north of the north right of way line of the Indiana Northern Railway Company, thence westerly parallel with said north right -of -way line 565 feet to the southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. By a deed recorded October 16, 1993 in Deed Record 777, page 226; thence north along the west line of said Stanley Enterprises, Inc. tract, said line being parallel with the est line of said southwest 1/4 of the northwest 1/4, 323.0 feet to the south line 1 1 REGULAR MINUTES JULY 28, 1997 of Tucker Drive; thence West along the South line of Tucker Drive 214.93 feet; thence south parallel with said east line of the southwest 1/4 of the northwest 1/4, 495.90 feet to the north right -of -way line of the Indiana Northern Railway Company; thence easterly along said north right -of -way line, 860.23 feet to the west edge of Steel Warehouse Co. Inc.'s building; thence north along said west edge of building, 172.0 feet; thence westerly parallel with the north right -of -way line of the Indiana Northern Railway Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the southwest quarter of the northwest quarter of Section 15, Township 37 north, range 2 east in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet south and 25 feet west of the northeast corner of said southwest quarter of the northwest quarter, thence west 540 feet; thence south parallel with the east line of said southwest quarter of the northwest quarter, 324.25 feet to a point 172 feet north of the north line of the right of way of the Indiana Northern Railway Company; thence east parallel with said north line of said right -of -way, 540 feet; thence north parallel with the east line of said southwest quarter of the northwest quarter, 320.75 feet to the place of beginning. A tract of land in the west half (1/2) of the northwest quarter (1/4) of Section Fifteen (15), Township Thirty -seven (37) north, range two east, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the northwest quarter (1/4) of said Section Fifteen (15) thence south along the north and south center line of said quarter section two hundred twenty feet to the north line of Tucker Drive; thence west along said north line to the west line of said Section Fifteen (15); thence north along the west line One Hundred Twenty -eight and One Tenth (128.1) feet, more or less, to a line Two Hundred fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right -of -way, thence northeasterly parallel to the Two Hundred Fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right -of -way, Seven Hundred Twenty -seven and One - Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence southerly along said east line One Hundred Ninety -nine and Eight - six hundredths (199.86) feet, more or less, to the South line of the northwest quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence east along the south line Six Hundred Sixty -three and Fifty -two hundredths (663.52 feet, more or less, to the place of beginning, excepting Thirty (30) feet off the east side thereof for purposes of a public highway. A lot or parcel of land situated in the northeast quarter of Section 15, Township 37 north, Range 2 east, now within and a part of the City of South Bend, bounded by a line running as follows, to -wit: Beginning at a point on the north line of the southeast quarter of the northwest quarter of said Section 15, 600 feet west of the northeast corner of the southeast quarter of the northwest quarter of said Section 15; thence running west along north line a distance of 725.8 feet to the northwest corner of said southeast quarter of said northwest quarter; thence south a distance of 220 feet, more or less, to the north line of a 40 foot road known as Tucker Drive; thence east along the north line of said roadway to a point due south of the place of beginning; thence north to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately south of the above described real estate known as Tucker Drive, REGULAR MINUTES JULY 28, 1997 and extending eastward to Olive Street. Part of the southeast quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15) Township Thirty -seven (37) north, Range two (2) east, now within and a part of the northwest corner of the southeast quarter (1/4) of the northwest quarter (1/4) of said Section Fifteen (15); thence south 492.9 feet to the north line of the right -of -way of the Indiana Northern Railroad 305 feet; thence north 4902.9 feet; thence west 305 feet; thence north 492.9 feet thence west 305 feet to the place of beginning. Together with a right -of -way over a 40 foot roadway north of and adjoining the aforedescribed tract, and continuing easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The east half of the south east quarter of Section No. 16, Township No. 37 north, range No. 2 east, containing 20 acres, more or less, and being Lot No. 16 in the Sub - Division of said Section NO. 16, and now within a part of the City of South Bend, excepting therefrom the following: The original right -of -way across, the north west corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by warranty deed dated August 21, 1894, and recorded in Deed Record 95, page 553 of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the west line of said Lot Number 16, where the same is intersected by the south easterly line of said original right -of -way, thence running south on the west line of Lot Number 16, 219 feet, more or less, to a point distant 250 feet by rectangular measurement from the original center line of said right -of -way; thence north easterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right -of -way a distance of 733.3 feet, more or less, to a point on the east line of said Section No. 16, thence north on said east line a distance of 105.5 feet, more or less, to the north east corner of said Lot No. 16, thence West along the north line of said Lot No. 16, thence north on said east line a distance of 105.5 feet, more or less, to the north east corner of said Lot No. 16, thence west along the north line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection, with the said easterly line of said original right -of -way; thence south westerly with said easterly line a distance of 454.5 feet, more or less to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said Lot No. 16 which lies south of the north line of the right -of -way of the St. Joseph, South Bend and Southern Railroad Company, excepting forth, a strip of land 70 feet wide north and south lying next north of and adjoining the right -of -way of the St. Joseph, South Bend and Southern Railroad.Company; excepting further that a strip of 40 feet in width, north and south, and being a extension of Tucker Drive, shall be established through the northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right -of -way of the New York Central Railroad Company. All that part of the southwest quarter of the northwest quarter of Section 15, Township 37 north, Range 2 East, described as follows; Beginning at a point 260 feet south and 330 feet west of the northeast corner of said southwest quarter of the northwest quarter; thence west 996.08 feet to the west line of said section; thence south 498.35 feet to the north line of the right - of -way of the Indiana Northern Railway Company; thence easterly along the said northerly line of said Indiana Northern Railway Company a distance of 996.08 feet, more or less, to a point on the northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence north to the place of beginning. 1 J 1 REGULAR MINUTES JULY 28, 1997 A tract of land in the west half (1/2) of the northwest quarter (1/4) of Section Fifteen (15), Township Thirty -seven (37) north, range two (2) east, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the northwest quarter (1/4) of said Section Fifteen (15), thence south along the north and south center line of said quarter section two hundred twenty (220) feet to the north line of Tucker Drive; thence West along said north line of the west line of said Section Fifteen (15); thence north along said west line one hundred twenty -eight and one tenth (128.1) feet, more or less, to a line two hundred fifty (250) feet by rectangular measurement southeasterly from and parallel to the original centerline of the New York Central Railroad right -of -way; thence northeasterly parallel to and two hundred fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right - of -way, seven hundred twenty seven and one - hundredth (727.01) feet, more or less, to a point on the east line of the southwest quarter (1/4) of the northwest quarter (1/4) of the northwest quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence east along said south line six hundred sixty -three and fifty two hundredths (663.52) feet, more or less, to the place of beginning, excepting thirty (30) feet off the east side thereof for purposes of public highway. A part of the southwest quarter of the northwest quarter of Section 15, Township 37 north range 3 east in the city of South Bend, Indiana more particularly described as follows: Beginning at a point 260 feet south and 25 feet west of the northeast corner of said southwest quarter of the northwest quarter; thence west 540 feet; thence south parallel with the east line of said southwest quarter of the northwest quarter, 324.25 feet to a point 172 feet north of the north line of the right -of -way of the Indiana Northern Railway Company; thence east parallel with said north line of said right -of -way, 540 feet; thence north parallel with the east line of said southwest quarter of the northwest quarter, 320.75 feet to the place of beginning. and this property has Key Number 18 -8075 284406, 18 8075 2843, 18 8075 284403, 18 8075 28404, 18 8075 284502, 18 8075, 284503, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et seq.: and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et segue and South Bend Municipal Code Sections 2- 76 et sea. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that REGULAR MINUTES JULY 28, 1997 type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1 -12.1- 4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council RESOLUTION NO. 2491 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2722 TUCKER DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE OF INDIANA, INC., STEEL WAREHOUSE CO., INC., ALLAN LERMAN, FRANCES LERMAN, NATHAN LERMAN AND A & F REALTY CO. WHEREAS, a petition for real property tax abatement has been - __J 1 REGULAR MINUTES JULY 28, 1997 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 2722 Tucker, South Bend, Indiana, and which is more particularly described as follows: Beginning at a point on the east line of the southwest 1/4 of the northwest 1/4 of said Section 15, 580.64 feet south of the northeast corner of said southwest 1/4 of the northwest 1/4, said point being 172.0 feet north of the north right of way line of the Indiana Northern Railway Company, thence westerly parallel with said north right -of -way line 565 feet to the southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. By a deed recorded October 16, 1993 in Deed Record 777, page 226; thence north along the west line of said Stanley Enterprises, Inc. tract, said line being parallel with the est line of said southwest 1/4 of the northwest 1/4, 323.0 feet to the south line of Tucker Drive; thence West along the South line of Tucker Drive 214.93 feet; thence south parallel with said east line of the southwest 1/4 of the northwest 1/4, 495.90 feet to the north right -of -way line of the Indiana Northern Railway Company; thence easterly along said north right -of -way line, 860.23 feet to the west edge of Steel Warehouse Co. Inc.'s building; thence north along said west edge of building, 172.0 feet; thence westerly parallel with the north right -of -way line of the Indiana Northern Railway Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the southwest quarter of the northwest quarter of Section 15, Township 37 north, range 2 east in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet south and 25 feet west of the northeast corner of said southwest quarter of the northwest quarter, thence west 540 feet; thence south parallel with the east line of said southwest quarter of the northwest quarter, 324.25 feet to a point 172 feet north of the north line of the right of way of the Indiana Northern Railway Company; thence east parallel with said north line of said right -of -way, 540 feet; thence north parallel with the east line of said southwest quarter of the northwest quarter, 320.75 feet to the place of beginning. A tract of land in the west half (h) of the northwest quarter (1/4) of Section Fifteen (15), Township Thirty -seven (37) north, range two east, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the northwest quarter (1/4) of said Section Fifteen (15) thence south along the north and south center line of said quarter section two hundred twenty feet to the north line of Tucker Drive; thence west along said north line to the west line of said Section Fifteen (15); thence north along the west line One Hundred Twenty -eight and One Tenth (128.1) feet, more or less, to a line Two Hundred fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right -of -way, thence northeasterly parallel to the Two Hundred Fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right -of -way, Seven Hundred Twenty -seven and One- Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence southerly along said east line One Hundred Ninety -nine and Eight - six hundredths (199.86) feet, more or less, to the South line of the northwest quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence east along the south line Six Hundred Sixty -three and Fifty -two hundredths (663.52 feet, more or less, to the place of beginning, excepting Thirty (30) feet off the east side thereof for purposes of a public highway. REGULAR MINUTES JULY 28, 1997 A lot or parcel of land situated in the northeast quarter of Section 15, Township 37 north, Range 2 east, now within and a part of the City of South Bend, bounded by a line running as follows, to -wit: Beginning at a point on the north line of the southeast quarter of the northwest quarter of said Section 15, 600 feet west of the northeast corner of the southeast quarter of the northwest quarter of said Section 15; thence running west along north line a distance of 725.8 feet to the northwest corner of said southeast quarter of said northwest quarter; thence south a distance of 220 feet, more or less, to the north line of a 40 foot road known as Tucker Drive; thence east along the north line of said roadway to a point due south of the place of beginning; thence north to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately south of the above described real estate known as Tucker Drive, and extending eastward to Olive Street. Part of the southeast quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15) Township Thirty -seven (37) north, Range two (2) east, now within and a part of the northwest corner of the southeast quarter (1/4) of the northwest quarter (1/4) of said Section Fifteen (15); thence south 492.9 feet to the north line of the right -of -way of the Indiana Northern Railroad 305 feet; thence north 4902.9 feet; thence west 305 feet; thence north 492.9 feet thence west 305 feet to the place of beginning. Together with a right -of -way over a 40 foot roadway north of and adjoining the aforedescribed tract, and continuing easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The east half of the south east quarter of Section No. 16, Township No. 37 north, range No. 2 east, containing 20 acres, more or less, and being Lot No. 16 in the Sub - Division of said Section NO. 16, and now within a part of the City of South Bend, excepting therefrom the following: The original right -of -way across, the north west corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by warranty deed dated August 21, 1894, and recorded in Deed Record 95, page 553 of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the west line of said Lot Number 16, where the same is intersected by the south easterly line of said original right -of- way, thence running south on the west line of Lot Number 16, 219 feet, more or less, to a point distant 250 feet by rectangular measurement from the original center line of said right -of -way; thence north easterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right -of -way a distance of 733.3 feet, more or less, to a point on the east line of said Section No. 16, thence north on said east line a distance of 105.5 feet, more or less, to the north east corner of said Lot No. 16, thence West along the north line of said Lot No. 16, thence north on said east line a distance of 105.5 feet, more or less, to the north east corner of said Lot No. 16, thence west along the north line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection, with the said easterly line of said original right -of -way; thence south westerly with said easterly line a distance of 454.5 feet, more or less to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said Lot No. 16 which lies south of the north line of the right -of -way of the St. Joseph, South Bend and Southern Railroad Company, excepting forth, a strip of land 70 feet wide north and south lying next north of and adjoining the right -of -way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, north and south, and being a extension of Tucker Drive, shall be established through the northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right -of -way of the New York REGULAR MINUTES JULY 28, 1997 Central Railroad Company. All that part of the southwest quarter of the northwest quarter of Section 15, Township 37 north, Range 2 East, described as follows; Beginning at a point 260 feet south and 330 feet west of the northeast corner of said southwest quarter of the northwest quarter; thence west 996.08 feet to the west line of said section; thence south 498.35 feet to the north line of the right - of -way of the Indiana Northern Railway Company; thence easterly along the said northerly line of said Indiana Northern Railway Company a distance of 996.08 feet, more or less, to a point on the northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence north to the place of beginning. A tract of land in the west half (h) of the northwest quarter (1/4) of Section Fifteen (15), Township Thirty -seven (37) north, range two (2) east, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the northwest quarter (1/4) of said Section Fifteen (15), thence south along the north and south center line of said quarter section two hundred twenty (220) feet to the north line of Tucker Drive; thence West along said north line of the west line of said Section Fifteen (15); thence north along said west line one hundred twenty -eight and one tenth (128.1) feet, more or less, to a line two hundred fifty (250) feet by rectangular measurement southeasterly from and parallel to the original centerline of the New York Central Railroad right -of -way; thence northeasterly parallel to and two hundred fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right - of -way, seven hundred twenty seven and one - hundredth (727.01) feet, more or less, to a point on the east line of the southwest quarter (1/4) of the northwest quarter (1/4) of the northwest quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence east along said south line six hundred sixty -three and fifty two hundredths (663.52) feet, more or less, to the place of beginning, excepting thirty (30) feet off the east side thereof for purposes of public highway. A part of the southwest quarter of the northwest quarter of Section 15, Township 37 north range 3 east in the city of South Bend, Indiana more particularly described as follows: Beginning at a point 260 feet south and 25 feet west of the northeast corner of said southwest quarter of the northwest quarter; thence west 540 feet; thence south parallel with the east line of said southwest quarter of the northwest quarter, 324.25 feet to a point 172 feet north of the north line of the right -of -way of the Indiana Northern Railway Company; thence east parallel with said north line of said right -of -way, 540 feet; thence north parallel with the east line of said southwest quarter of the northwest quarter, 320.75 feet to the place of beginning. and which has Key Number 18 -8075 284406, 18 8075 2843, 18 8075 284403, 18 8075 28404, 18 8075 284502, 18 8075, 284503, 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 REGULAR MINUTES JULY 28, 1997 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. 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 hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. 1L �J Lam! REGULAR MINUTES JULY 28, 1997 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 the Mayor. lsl Roland Keller Member of the Common Council A public hearing was held on the resolutions at this time. Council Member Broden reported that the Community and Economic Development Committee had met on these resolutions and recommended them to the Council favorable. Jerry Lerman, vice president and general counsel, made the presentations for the resolutions. He reported they presently have 393 employees, making them one of the largest steel service centers in the county. He indicated they plan to enlarge their facility in order to maintain a competitive edge in the industry. He noted they will add five additional employees. Council Member Varner made a motion to adopt Resolution No. 2490 -97, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. Council Member Varner made a motion to adopt Resolution No. 2491 -97, seconded by Council Member Broden. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2492 -97 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 204 & 210 NORTH SUMMIT DRIVE AND 5140, 5141 & 5202 WINDFALL DRIVE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR DAVE AND LOIS COKER 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 204 & 210 North Summit Drive 5140, 5141 & 5202 Windfall Drive, South Bend, Indiana, and which are more particularly described as follows: 204 North Summit Drive Lot 168 Mayflower Add. Sec. 8 210 North Summit Drive Lot 169 Mayflower Add. Sec. 8 5140 Windfall Drive Lot 174 Mayflower Add. Sec. 8 5141 Windfall Drive Lot 2 John Carroll's Minor 5202 Windfall Drive Lot 174 Mayflower Add. Sec. 8 which has tax key number 18- 4129 - 5043.87, 18- 4129 - 5043.86, 18- 4129- 5043.85, 18- 4129 - 5043.80, 18- 4129 - 5043.84, be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et secs., 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 REGULAR MINUTES JULY 28, 1997 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 se q., 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 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 REGULAR MINUTES JULY 28, 1997 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Broden reported that the Community and Economic Development Committee had met on this resolution and recommends it to the Council favorable. Dave Coker, 3526 Sorin, made the presentation he reported they planned to construct single family homes which will be asset to this 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. BILLS, FIRST READING BILL NO. 71 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS KING STREET FROM THE EAST RIGHT -OF -WAY OF MEDORA STREET EAST TO THE WEST LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF MEDORA STREET FOR A DISTANCE OF APPROXIMATELY 116.43 FEET AND A WIDTH OF 60 FEET. PART LOCATED IN AUSTIN PARK ADDITION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on August 11, seconded by Council Member Coleman. The motion carried. BILL NO. 72 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, SECTION 4 -45 OF THE SOUTH BEND MUNICIPAL CODE, TO CLARIFY ITS APPLICATION TO RELIGIOUS, CHARITABLE, EDUCATIONAL AND FRATERNAL ORGANIZATIONS This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Safety Committee, and set it for public hearing and third reading on August 11, seconded by Council Member Broden. The motion carried. REGULAR MINUTES JULY 28, 1997 BILL NO. 73 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FIVE HUNDRED NINETEEN THOUSAND TWO HUNDRED EIGHTY -NINE DOLLARS ($519,289.00) FROM THE GENERAL FUND This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on August 11, seconded by Council Member Sniadecki. The motion carried. BILL NO. 74 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $160,000 FROM EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND (FUND #288) FOR THE FUNDING OF NEW EQUIPMENT This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on August 11, seconded by Council Member Sniadecki. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Kelly adjourned the meeting at 8:37 p.m. ATTEST: y C ATTEST: i 2�Le President 1 I l