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HomeMy WebLinkAbout08-11-97 Council Meeting MinutesREGULAR MEETING AUGUST 11, 1997 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, August 11, 1997, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, Broden, Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the July 28, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly Is/ David Varner Council Member Coleman made a motion that the minutes of the July 28, 1997, meeting be accepted and placed on file, seconded by Council Member Sniadecki. The motion carried. SPECIAL BUSINESS Council President Kelly reported that the Council had reappoint Frank Linerallo to the TRANSPO Board of Directors. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Sniadecki. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:03 p.m. with nine members present. Chairman Coleman presiding. 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 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 Kelly. The motion carried. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable, as amended. Paul Costello, 303 W. Angela, made the presentation for the bill. He indicated this seven foot alley basically ended at his property line, and it would not be developed into a through alley, because it would exit at the curve on W. Angela. He reported the vacation was necessary, as he wanted to put an arbor on the back of this property and without this vacation he would be encroaching on public property. He noted this vacation was only for his two lots, it did not effect the rest of the alley. Anthony Coquillard, 507 W. Angela, spoke against the vacation. Council Member Broden made a motion to recommend this REGULAR MINUTES AUGUST 11, 1997 bill to the Council favorable, as amended, seconded by Council Member Sniadecki. The motion carried. 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 Council Member Hosinski made a motion to continue public hearing on this bill, at the request of the petitioner, to September 22, seconded by Council Member Sniadecki. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Hosinski. The motion carried. Council Member Pfeifer reported that the Public Safety Committee had met on this bill and recommended it to the Council favorable. She reported that a clarification of the food service licensing was necessary for religious, charitable, educational and fraternal organizations. She noted they would no longer require a license, however, they would still be subject to the health requirements. Council Member Varner made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Hosinski. The motion carried. 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 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 Sniadecki. The motion carried. Council Member Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable, as amended. Rick Switalski, assistant fire chief, made the presentation for the bill. He reported that appropriation would be used for start -up expenditures relating to construction of a new Fire Station and the St. Joseph County E.M.S. He reported that the appropriation for the County E.M.S. would be repaid. Council Member Aranowski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Varner. 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 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. Rick Switalski, assistant fire chief, made the presentation for the bill. He reported that appropriation would be used to purchase one ambulance, as well as a thermal 1 1 1 REGULAR MINUTES AUGUST 11, 1997 imaging camera. He noted that the camera will allow firefighters to see through heave smoke to identify trapped victims. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Broden. The motion carried. Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Varner. The motion carried. REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:23 p.m. Council President Kelly presiding, and nine members present. ATTEST: ATTEST: ity 1 Chairman BILLS, THIRD READING ORDINANCE NO. 8814 -97 AN ORDINANCE 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 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. Coleman made a Committee of the The motion carried. the bill, as The bill passed by ORDINANCE NO. 8815 -97 AN ORDINANCE 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 third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Hosinski. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Hosinski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8816 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FIVE HUNDRED TWENTY THOUSAND DOLLARS ($520,000.00) FROM THE GENERAL FUND 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 Varner. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Varner. The bill passed by a REGULAR MINUTES AUGUST 11, 1997 roll call vote of nine ayes. ORDINANCE NO. 8817 -97 AN ORDINANCE 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 third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2493 -97 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 WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14-1.5-5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at: 1945 E. Randolph St., South Bend IN 46613 in order to permit a special exception to allow off -site parking on Residential Lot 5 - Roseland Park, pursuant to Section 21 -112 (a) (6)• Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; REGULAR MINUTES AUGUST 11, 1997 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ls/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Gerald Longerto, president of Slatile Roofing, made the presentation for the resolution. He indicated they were requesting this special exception in order for them to have off - street parking for their vehicles. He reported that as a result of the Ironwood railroad underpass they lost part of their parking area, and this exception will allow them to get approximately twelve vehicles off the street. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2494 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1113 AND 1121 BISSELL STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR NEIGHBORHOOD HOUSING SERVICES 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 1113 and 1121 Bissell, South Bend, Indiana, and which are more particularly described as follows: 1113 Bissell Street Lot 117, Park Place 2nd Addn k Lot 118, Park Place 2nd Addn. 1121 Bissell Street Lot 119, Park Place 2nd Add h Lot 118, Park Place 2nd Addn.. together now known as and having tax key number 18 5084 2969, 18 5084 2970, 28 5084 2971, 18 5084 2970 respectively, as Residentially Distressed Areas; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: REGULAR MINUTES AUGUST 11, 1997 SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the 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 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 the Declaratory Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. / s / Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Jack Bennett, a representative of Neighborhood Housing Services, made the presentation for the resolution. He noted they were requesting tax abatement for two homes which will cost around $68,000 each. He indicated Neighborhood Housing Services is attempting to upgrade this area, and these homes are an important part of their program. Council Member Broden made a motion to REGULAR MINUTES AUGUST 11, 1997 adopt the resolution, seconded by Council Member Coleman. 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. 2495 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., 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 2722 Tucker Dr., 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 (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 REGULAR MINUTES AUGUST 11, 1997 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, 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, REGULAR MINUTES AUGUST 11, 1997 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. 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, REGULAR MINUTES AUGUST 11, 1997 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. with said real estate having the following Key No. 18 -8075 284406, 18 8075 2843, 18 8075 284403, 18 8075 28404, 18 8075 284502, 18 8075, 284503, 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 RESOLUTION NO. 2496 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 TUCKER DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA 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, 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 2722 Tucker Drive, South Bend IN, and which is particularly described as follows: REGULAR MINUTES AUGUST 11, 1997 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 (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 REGULAR MINUTES AUGUST 11, 1997 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 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 D REGULAR MINUTES AUGUST 11, 1997 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 (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. with said real estate having the following Key Nos. 18 -8075 284406, 18 8075 2843, 18 8075 284403, 18 8075 28404, 18 8075 284502, 18 8075, 284503, 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: REGULAR MINUTES AUGUST 11, 1997 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 resolutions at this time. Jamie O'Brien, attorney, made the presentation for the resolutions. He indicated they plan to increase the size of their factory, as well as purchase equipment, in order to maintain a competitive edge in the industry. He noted they will add five additional employees. Council Member Aranowski made a motion to adopt to adopt Resolution No. 2495 -97, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. Council Member Pfeifer made a motion to adopt Resolution No. 2496 -97, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2497 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 204 & 210 NORTH SUMMIT DRIVE AND 5140, 5141 & 5202 WINDFALL DRIVE, RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR DAVE AND LOIS COKER 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 204 and 210 N. Summit, 5140, 5141 and 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 and having tax key number 18- 4129 - 5043.87, 18- 4129 - 5043.86, 18- 4129- 5043.85, 18 -4129- 5043.80, 18- 4129 - 5043.84 respectively, as Residentially Distressed Areas; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; 1 REGULAR MINUTES = AUGUST 11, 1997 and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the 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 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 the Declaratory Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et secs. 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 REGULAR MINUTES AUGUST 11, 1997 A public hearing was held on the resolution at this time. Sue Clarke, a representative of Dave Coker, made the presentation for the resolution. She reported they were requesting tax abatement for these five lots in order that new homes can be built in a distressed area. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Broden. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2498 -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 125, 127, 133, 137, 201, 209, 229, 235, 243 AND 301 EAST BROADWAY STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR AMERICAN HOME DREAMS, INC. 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 127, 133, 137, 201, 209, 229, 235, 243, South Bend, Indiana, and which are more petition for real property filed with the City Clerk of the City of South commonly known as 125, and 301 E. Broadway, particularly described as follows: 125 E. Broadway 127 E. Broadway 133 E. Broadway 137 E. Broadway 201 E. Broadway 209 E. Broadway 229 E. Broadway 235 E. Broadway 243 E. Broadway 301 E. Broadway St. St. St. St. St. St. St. St. St. St. Part of lots 18 Part of lots 19 Part of lots 20 Part of lots 21 Part of lots 63 Part of lots 64 Part of lots 70 Part of lots 71, Lot 73, Haney's Lot 326, Wenger & 19, Haney's Add. & 20, Haney's Add. & 21, Haney's Add. & 22, Haney's Add. & 64, Haney's Add. & 65, Haney's Add. & 71, Haney's Add. 72, & 73, Haney's Add. Add. & Kreighbaum, 1st Add. which has tax key number 18 7026 1033, 18 7026 1032, 18 7026 1031, 18 7026 1030, 18 7025 0998, 18 7025 0997, 18 7026 0996, 18 702.5 0991, 18 7026 0990, 18 7026 0989, 18 7025 0998, 18 7025 0988.01, 18 7013 0496, 18 7013 0496.01, be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the areas qualify as Residentially Distressed Areas under Indiana Code 6- 1.1 -12.1, et @q., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the areas in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the areas qualify as Residentially Distressed Areas. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. 1 n 1 REGULAR MINUTES AUGUST 11. 1997 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 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 REGULAR MINUTES AUGUST 11,_1997 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 met on this resolution and recommended it to the Council favorable. Ricardo Milton, Director of American Home Dreams, made the presentation for the resolution. He reported they were requesting abatement for each of the above locations, in order to build new homes in a residentially distressed area. 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. RESOLUTION NO. 2499 -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 936 AND 938 WEST LASALLE AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION FOR THE BENEFIT OF: GARDEN HOMES, INC. WHEREAS, a Statement of Benefits and a petition for real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as 936 and 938 West LaSalle Ave., South Bend, Indiana, and which are more particularly described as follows: 936 W. LaSalle Lot 59, Cobb's Sub, BOL 30 938 W. LaSalle Lot 58, Cobb's Sub, BOL 30 which has tax key number 18 1027 1193 and 18 1027 1192 be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the areas qualify as Residentially Distressed Areas under Indiana Code 6- 1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the areas in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the areas qualify as Residentially Distressed Areas. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of REGULAR MINUTES AUGUST 11, 1997 Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the areas herein are found to meet state law requirements more particularly set forth in Indiana Code 6 -1.1- 12.1 -2 and the Common Council hereby makes the following additional findings for the areas listed herein: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; OR B. A significant of dwelling units in the areas are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; OR C. The areas have experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits or certificates of occupancy, or the areas are owned by Indiana or the United States. OR D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. C. That the description of the proposed redevelopment meets the applicable standards for such development. D. That the estimate of the value of the redevelopment is reasonable for projects of this nature; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the areas herein described be designated as Residentially Distressed Areas and hereby adopts a Resolution designating these areas as Residentially Distressed Areas for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Areas shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause REGULAR MINUTES AUGUST 11, 1997 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 met on this resolution and recommended it to the Council favorable. Dea Andrews, South Bend Heritage, made the presentation for the resolution. She indicated that South Bend Heritage encourages private investors to build on vacant" lots in residentially distressed areas. She noted that tax abatement is an incentive for people to buy homes in our inner - city. Council Member Hosinski 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. 2500 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF PROPERTY AT 504 N. JOHNSON, SOUTH BEND, INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER IS NECESSARY WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on July 24, 1997, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 504 N. Johnson, South Bend, Indiana, as space for a Neighborhood Partnership center by entering into a lease agreement with St. Stanislaus Parish for a term of one year with a one year option to renew exercisable by the City, with an annual rental not to exceed Four Thousand, Two Hundred Dollars ($4,200.00) in the first year and Four Thousand, Two Hundred Dollars ($4,200.00) in the option year if this option to renew for the second year is exercised by the City; and WHEREAS, the Board received on July 24, 1997, a certificate of the St. Joseph County Auditor certifying that the verifier of the ;Petition and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1 -10 -7 (2) requires, prior t the Board of Public Works entering into a lease agreement for said premises, that the Common Council determine that the premises are needed and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the Common council has conducted a public hearing on this resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this resolution. 2. That the Common council is desirous of establishing a neighborhood center in the proposed location in order to build EGULAR MINUTES AUGUST 11, 1997 stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3. That the Common Council is desirous of establishing a neighborhood center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 4. That on July 24, 1997, a Petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 504 N. Johnson, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with St. Stanislaus Parish for a term of one (1) year with a one (1) year option to renew exercisable by the City, with an annual rental for said premises not to exceed Four Thousand, Two Hundred Dollars ($4,200.00) in the first year, and Four Thousand, Two Hundred Dollars $4,200.00) in the option year if the option to renew for the second year is exercised by the City. 5. That on July 24, 1997, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located within he corporate limits of the City of South Bend. 6. That on July 24, 1997, a proposed lease agreement for the premises was filed with the Board of Public works, a true and complete copy of which is attached hereto and incorporated herein. 7. That having heard all speakers at the presentation and hearing on this Resolution on August 11, 1997, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigation, discussions, and consideration by individual Council members, the Common Council of the City of South Bend hereby finds, pursuant to I.C. 36- 1- 10 -7(2), that the lease of property at 504 N. Johnson as a Neighborhood Partnership Center, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor is needed. 8. 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. Ann Carol Simons, assistant city attorney, made the presentation for the resolution. She reported that this property has served very well as a Partnership Center, and the Center wishes to continue this lease. She indicated the lease is with St. Stanislaus Church, at a rate of $4,200, with a one year renewal option at the same rent. Lorenzo Tate, 2013 W. Kenwood, advised he was a member of the Advisory Board of this Center and they were in favor of the renewal of the lease. Council Member Hosinski reported that he was the attorney for the church, as well as a member of the church, and therefore, would abstain from voting on this resolution. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2501 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING A FORM OF RECEIPT FOR THE SOUTH BEND ORDINANCE VIOLATION BUREAU REGULAR MINUTES AUGUST 11, 1997 WHEREAS, the Ordinance Violation Bureau desires to upgrade their equipment and purchase a new compact receipt printer; and WHEREAS, the Common Council of the City of South Bend is responsible for all forms and systems; and WHEREAS, the State Board of Accounts has approved the use of this form for the town of Fremont; and NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, as follows: Section I. The Common Council hereby approves a receipt form presently used in the Fremont Indiana Town Court since October 1, 1996, and which will be adapted to fit the needs of the South Bend Ordinance Violation Bureau. See Exhibit A attached. Section II. The Common Council, in accordance with the State Board Approval of Accounting Forms and Systems, will notify the State Board of Accounts in writing if the use of this form is discontinued. Section III. This resolution shall be in full force and effect from and after 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. Loretta Duda, City Clerk, made the presentation for the resolution. She reported that the State Board requires a resolution of the Council approving the format of a form to be used by the Ordinance Violation Bureau. She advised the Council that we were down - sizing our counter equipment and this would save us counter space, as well as storage space. 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. BILLS, FIRST READING BILL NO. 75 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF HURON STREET FROM THE WEST RIGHT -OF -WAY OF SOUTH WALNUT STREET TO THE EAST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH WALNUT STREET, A DISTANCE OF APPROXIMATELY 136 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN HARRIS' 2ND SUB. OF PT. BANK OUTLOT 97 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 25, seconded by Council Member Coleman. The motion carried. BILL NO. 76 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES GENERALLY LOCATED AT THE NORTHWEST CORNER OF IRONWOOD DRIVE AND IRELAND ROAD, AND ON EAST SIDE OF IRONWOOD ROAD BETWEEN IRELAND ROAD AND THE ST. JOSEPH VALLEY PARKWAY, CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for public hearing and third reading on August 25, seconded by REGULAR MINUTES AUGUST 11, 1997 Council Member Coleman. The motion carried. BILL NO. 77 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 5, ENTITLED OFF - STREET PARKING AND LOADING FACILITIES, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE This bill had first reading. Council Member Pfeifer made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 78 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY 0 SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (NORTH OLIVE ROAD ANNEXATION) This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for public hearing and third reading on September 8, seconded by Council Member Hosinski. The motion carried. BILL NO. 79 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1710 EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 80 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE MUNICIPAL CODE TO PROVIDE FOR LICENSING OF ADULT CARE HOMES This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Residential Neighborhood and Personnel and Finance committees, and set it for public hearing and third reading on September 8, seconded by Council Member Coleman. The motion carried. BILL NO. 81 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT (711, 713, 719 ST. PETER AND VACANT LOT (18 VAC 32X112 ST. PETER)., IN THE CITY OF SOUTH BEND This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Aranowski. The motion carried. BILL NO. 82 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT (TEN VACANT LOTS ( #225 -234) JUST SOUTH OF CALVERT STREET ALONG THE EAST SIDE OF PHILLIPA IN HIGHLAND PARK, 2ND ADDITION.), IN THE CITY OF SOUTH BEND This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 83 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT (1218, 1220, 1224, 1228, 1230, 1232, 1234 W. COLFAX AND 119, 121, 122, 124, 125 N. SPRUCE.), IN THE CITY OF SOUTH BEND This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Hosinski. The motion carried. REGULAR MINUTES UNFINISHED BUSINESS AUGUST 11, 1997 Council Member Coleman made a motion to set Bill No. 58 -97 for public hearing and third reading on August 25, seconded by Council Member Hosinski. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Kelly adjourned the meeting at 7:55 p.m. ATTEST: ATTEST: President 11 1