Loading...
HomeMy WebLinkAbout08/13/07 Council Meeting MinutesREGULAR MEETING AUGUST 13, 2007 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, August 13, 2007 at 7:00 p.m. The meeting was called to order by Council President Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS Present: Derek D. Dieter 1st District Charlotte Pfeifer 2nd District Roland "Randy" Kelly 3rd District Ann Puzzello 4th District Vice-President David Varner 5th District Ervin Kuspa 6th District Al "Buddy" Kirsits At-Large Timothy Rouse At-Large President Karen L. White At-Large Chairperson Committee of the Whole OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney 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 16, 2007 and July 23, 2007 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember White made a motion that the minutes of the July 16, 2007 and July 23 meetings of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Council President Rouse announced that there will be a Special Meeting of the Council on August 20, 2007 at 7:00 p.m., in the Council Chambers for the sole purpose of hearing Bill No. 44-07. Councilmember Puzzello made a motion to that effect. Councilmember Dieter seconded the motion which carried by a voice vote of nine ayes. Councilmember Kelly announced that the Council is accepting applications for the Architectural Review Board. He stated that applications can be obtained in the Office of the City Clerk and the deadline for applying is August 31, 2007. Council President Rouse announced that the Council is accepting applications for the TRANSPO Board. He stated that applications can be obtained in the Office of the City Clerk and the deadline for applying is August 31, 2007. REGULAR MEETING AUGUST 13, 2007 Councilmember White announced that the Council is accepting applications for the Animal Control Commission. She stated that applications can be obtained in the Office of the City Clerk and the deadline for applying is August 31, 2007. Councilmember Pfeifer announced that she and Council Attorney Kathleen Cekanski- Farrand and Mr. Jeff Vitton, Community & Economic Development have been meeting regarding Vacant Housing. Councilmember Pfeifer stated that they would be glad to meet any interested group or organization that may have questions or concerns regarding Vacant Housing. RESOLUTION NO. 3768-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING NASCAR DRIVER AND SOUTH BEND NATIVE DAVID STREMME FOR HIS "COACHES VS. CANCER" WORK WHEREAS, the Common Council of the City of South Bend is proud to publicly recognize that David Stremme, a graduate of South Bend's Clay High School has achieved national recognition for his efforts and success as a NASCAR driver competing and winning at several levels of competition throughout the United States; and WHEREAS, the Council notes that on August 21, 2007 David Stremme will be welcomed at the "Stremme Comes Home" celebration at Century Center, where he will help raise funds for cancer research through Coaches vs. Cancer and where he will make a special presentation to St. Jude's Children's Research Hospital; and WHEREAS, David Stremme is a fine example for area youth, showing that through hard work and determination one can not only achieve success, but can also continue to give back to family and community; and WHEREAS, Stremme has generously given his time and personal resources to the fight against cancer. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section 1. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates and honors David Stremme for his 13 years of successful racing, winning several Rookie of the Year titles as he advanced through the racing circuit to reach the prestigious NASCAR NEXTEL Cup Series. Section 2. The Common Council wishes David Stremme and "Coaches vs. Cancer" continued success in raising awareness and funding for cancer research and for inspiring youth with his professional achievements and generosity. Section 3. The Common Council proclaims August 21, 2007 as David Stremme Day and invites the entire community to join in this homecoming event and effort to raise needed funds in the fight against cancer. Section 4. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, 1st District s/Charlotte D. Pfeifer, 2nd District s/Randy Kelly, 3rd District s/Ann Puzzello, 4th District s/Dr. David Varner 5th District s/Ervin Kuspa, 6th District s/Al "Buddy" Kirsits, At Large s/Timothy A. Rouse, At Large s/Karen L. White, At Large 2 REGULAR MEETING AUGUST 13, 2007 s/Kathleen Cekanski-Farrand, Council Attorney Attest: Adopted this 13th day of August, 2007 John Voorde, City Clerk Stephen J. Luecke, Mayor of South Bend Councilmember Al "Buddy" Kirsits, 722 Marquette Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Cindy Stremme. A Public Hearing was held on the Resolution at this time. Cindy Stremme thanked the Council for this honor on behalf of her son, David. She noted that as the Resolution states through hard work and determination one can not only achieve success, but one can also continue to give back. She stated that David is living his dream of driving in the NASCAR circuit and is honored to give back to the community who has supported him over the years. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. MAYOR STEPHEN LUECKE UPDATE ON FUND FOR POTAWATOMI ZOO Mayor Luecke stated that he will be bringing an ordinance to the Council at its next meeting to request a $1 million allocation to take care of the immediate repair needs at the zoo. Mayor Luecke stated that the zoo is in desperate need of repairs in order to pass the Association of Zoos and Aquariums accreditation in 2009. Without accreditation the zoo could lose 70 percent of its animal collection. Mayor Luecke stated that the $1 million would come from money returned to the city from the Business Development Corporation. He advised that Urban Development Action Grant dollars were given to the city, then given to the Business Development Corp. to develop One Michiana Square. Mayor Luecke stated that as the money was paid back to the City, it was used through the BDC for loan programs. Mayor Luecke advised that they have an agreement with the BDC that they are returning some of that money to the City. Mayor Luecke noted that the 2008 Budget Hearings will begin this week and with the upcoming Park and Recreation Department Budget will include $400,000 request for immediate repairs, which would bring the total to $1.4 million. Mayor Luecke stated that this will cover the repairs needed for the zoo to pass its accreditation. Mayor Luecke stated that during the Council's PARC Committee Meeting that was held on August 1, 2007, Councilmember Ann Puzzello, Chairperson, PARC Committee, asked if a task force could be created to address the zoo issues. Mayor Luecke stated that a bipartisan task force of city representatives, state legislators, zoo leaders and residents could be part of this group. He stated that he will present a more definitive list of the make up of the task force at the Council's next meeting. Mayor Luecke noted that "The taxpayers of the City of South Bend can no longer by themselves carry the zoo forward at the level that we would like to see it as an asset for this region." "One of the charges to this committee will be to look at other sources of funding. Whether it is a regional tax funding base for the zoo, whether it be additional grants, the involvement of the business community as well as involving the community in deciding what do we want the zoo to be and that we want to have for our community and our children." Mayor Luecke commended the staff at Potawatomi Zoo for doing a great job over the years and for being committed to maintaining and advancing the future of the zoo. Mayor Luecke urged the Council to support the funding request. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:19 p.m. Councilmember Kuspa made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. 3 REGULAR MEETING AUGUST 13, 2007 Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-ll of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 31-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 218 CHAPIN STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA Mr. Robert Nemeth, Staff Planner, Area Plan Commission, 11th Floor County-City Building, South Bend, Indiana, presented the report from the Commission. Mr. Nemeth advised that the petitioner is request a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow a residential use. On site is a single family house zoned MU Mixed Use District. To the north across Hoose Court are single family houses zoned SF2 Single Family and Two Family District. To the east is a single family house zoned MU Mixed Use District and a single family house zoned SF2 Single Family and Two Family District. To the south across Wayne Street is a multi-tenant commercial building zoned LB Local Business District. To the west across Chapin Street is an existing building that will be used for the Studebaker Archive Building zoned MU Mixed Use District. The "SF2" Single Family Residential District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. A site plan is not required for residential rezoning. Chapin Street has two lanes and on street parking on the west side. Wayne Street has two lanes and space for on street parking. Hoose Court has one lane. The property is served by municipal utilities. The rezoning is consistent with the Comprehensive Plans Housing Policy. The future land use map identifies this area as Mixed Use. City Plan defines mixed use as "an area where a combination of residential, commercial, office and industrial uses can co-locate." The rezoning is consistent with the Future Land Use Map. The site is currently residential. The character of the area is a mixture of residential and commercial. The most desirable use for this is residential or mixed use. The surrounding property values will be unaffected by the rezoning. It is responsible development and growth to allow the rezoning of residentially used property to a corresponding zoning district. Based on information available prior to the pubic hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The house was moved from the property now occupied by the Studebaker National Museum to its current location in May of 2004. The property was zoned MU Mixed Use District at the time the house was relocated. The property has been used a single family residential since that time. The rezoning of the site will grant a comparable zoning classification for the single family home. Mr. Jeffrey J. Hodes, 218 Chapin Street, South Bend, Indiana stated that he is requesting the rezoning of his property at 218 Chapin Street from MU Mixed Use District to SF2 Single Family and Two Family District. Mr. Hodes stated that he owns this home with his wife Janine. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kuspa made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 4 REGULAR MEETING AUGUST 13, 2007 BILL NO. 43-07 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF NORTHSIDE BOULEVARD, FROM 21sT STREET, WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF DUNK' S 1sT ADDITION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY Councilmember Puzzello made a motion to accept the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to continue this bill until the August 27, 2007 meeting of the Council. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 44-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 9 ENTITLED "REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS" AND AMENDING OTHER SECTIONS OF CHAPTER 14 RELATED THERETO Councilmember Puzzello made a motion to continue this bill until the August 20, 2007 Special Meeting of the Council and refer back to the Community Relations Committee. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 45-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE SOUTH BEND COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2008 Councilmember Pfeifer made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Council President Timothy Rouse made the presentation for this bill. He stated that the substitute version of this bill requests that the 2008 salary for the South Bend Common Council will remain at $16,898.00. He urged the Council's favorable recommendation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT REGULAR MEETING AUGUST 13, 2007 Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:30 p.m. Council President Timothy Rouse presided with nine (9) members present. BILLS, THIRD READING ORDINANCE NO. 9774-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 218 CHAPIN STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9775-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE SOUTH BEND COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2008 This bill had third reading. Councilmember Dieter made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Dieter made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3769-07 A RESOLUTION CONFIRMING TE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 624 NORTH NOTRE DAME AVENUE AS A RESIDENTIALLY 6 REGULAR MEETING AUGUST 13, 2007 DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR NOTRE DAME, LLC 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 area commonly known 624 North Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: Parcel I: The south 43.00 feet of the west half of lot numbered thirteen (13) as shown on the recorded plat of Sorin's first addition to the Town of Lowell, now within and a part of the City of South Bend, recorded in deed record V, Page 308 and Plat Book 1, Page 53 in the Office of the Recorder of St. Joseph County, Indiana. Parcel II: The south half of the west half of lot numbered sixteen (16) as shown on the recorded plat of Sorin's first addition to the Town of Lowell, now within and a part of the City of South Bend, recorded in deed record V, page 308 and Plat Book 1, page 53 in the Office of the Recorder of St. Joseph County, Indiana. Parcel III: Part of lot numbered sixteen (16) as shown on the recorded plat of Sorin's first addition to the Town of Lowell, now within and a part of the City of South Bend, recorded in deed record V, page 308 and Plat Book 1, page 53 in the Office of the Recorder of St. Joseph County, Indiana. Described as beginning at the northwest corner of said lot sixteen (16), running thence east along the north line thereof 151.40 feet to the west line of an alley; thence south along the west line of said alley 68.64 feet to the south line of the north half of said lot sixteen (16); thence west along said south line of said north half of said lot sixteen 151.4 feet, more or less, to the west line of said lot sixteen (16); thence north along the west line of said lot sixteen (16), 68.64 feet to the place of the beginning. and this property has Tax Key Number 18-5029-1064, be designated as a Residentially Distressed Area 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, 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 remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed 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 determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: 7 REGULAR MEETING or AUGUST 13, 2007 A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has 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 G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area 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 seq. 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/Timothy A. Rouse Member of the Common Council 8 REGULAR MEETING AUGUST 13, 2007 Mr. Andrew Nemeth, 922 E. Jefferson Boulevard., South Bend, Indiana, made the presentation for this bill. Mr. Nemeth advised that Notre Dame Avenue, LLC intends to construct eight single family town homes on the site. Each town home will be two stories with a brick and hardie board exterior. They will have full basements, 3.5 baths, and 2 to 4 bedrooms, attached garages and contain approximately 1,800 to 2,200 square feet. The prices of the homes will range between $325,000 and $385,000 for a total project cost of $2,600,000 to $3,080,000 depending on final pricing. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3770-07 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2629 FOUNDATION DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF EXTENDING THEIR FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR VALUE PRODUCTION INC. AND ITS AFFILIATES WHEREAS, on October 5, 2006, Value Production, Inc .filed a SB-1 Statement of Benefits in connection with its application for a personal property tax abatement on proposed new equipment at its industrial location at 2629 Foundation Drive in South Bend. WHEREAS, the Common Council of the City of South Bend approved the Statement of Benefits and designated the areas commonly known as 2629 Foundation Drive as an Economic Revitalization Area, all in accordance and as more particularly described in Resolution No. 3669-06; and WHEREAS, the Economic Revitalization Areas continue in existence and will be designated as such under that Resolution until October 18, 2008; and WHEREAS, Value Production Inc. has met and exceeded the estimates for employment and wages as set forth in that original Statements of Benefits, and is interested in making additional investments in new manufacturing equipment, as more particularly described in the Amended Statement of Benefits which have been filed with and submitted to the Common Council for its consideration of a five-year personal property tax abatement on the new investments described therein. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. In compliance with IND. CODE §§ 6-1.1-12.1-3(b) and 6-1.1-12.1-4.5(c), the Common Council hereby finds that: a. The estimate of the cost of the proposed installation of new manufacturing equipment is reasonable for property of this type. 9 REGULAR MEETING AUGUST 13, 2007 b. The estimate of the number of individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new manufacturing equipment. c. The estimate of the annual salaries of the individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from proposed installation of new manufacturing equipment. e. The totality of the benefits is sufficient to justify the granting of the requested deduction. SECTION II. The Amended Statement of Benefits is hereby approved and the installation of new manufacturing equipment and redevelopment of real property as described therein are eligible for deductions from assessed value of the property as per LC. § 6-1.1-12.1-1 et seq. for a period of five (5) years. SECTION III. Except to the extent amended as set forth herein, Resolution 3669- 06 shall continue in full force and effect. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Nevin J. Siqueira, President, Value Production, Inc., 2629 Foundation Drive, South Bend, Indiana, made the presentation for this bill. Mr. Siqueira advised that Value Production is a modern production machining facility. They provide one-stop shopping for design, prototypes, and production, and is an ISO 9001:2000 certified company. Value Production was established in October of 2000. The company manufactures tooling for use in the aerospace, automotive, medical, and commercial markets. The company will purchase a new, high-end mill and lathe for their custom aerospace manufacturing needs. The project will invest $500,000 in this new equipment. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 07-99 A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING 10 REGULAR MEETING AUGUST 13, 2007 CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5855 CARBONMILL DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GWSB PROPERTIES, LLC (LESSEE: CORPORATE SERVICES, INC.) BILL NO. 07-90 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 5855 CARBONMILL DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GWSB PROPERTIES, LLC Councilmember Puzzello made a motion to combine these bills for purposes of Public Hearing. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3771-07 A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5855 CARBONMILL DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GWSB PROPERTIES, LLC (LESSEE: CORPORATE SERVICES, INC.) WHEREAS, GWSB Properties, LLC, an Indiana limited liability company (the "Petitioner") filed a petition for real property tax abatement (the "Petition") and a Form SB-1 Statement of Benefits with the South Bend City Clerk on June 22, 2007, for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council"), requesting that the area commonly known as 5855 Carbonmill Drive, South Bend, Indiana, and which has the parcel key number 25-1009-015210 (the "Property"), be designated as an economic revitalization area under the provisions of Indiana Code sections 6-1.1-12.1-1 et seq., and South Bend Municipal Code sections 2-76 et seq.; and WHEREAS, the Petitioner promptly submitted their petition on June 22, 2007, in anticipation of the petition being considered at the Redevelopment Commission's regularly scheduled meeting set for July 6, 2007; and WHEREAS, the Redevelopment Commission's regularly scheduled meeting of July 6, 2007, was unexpectedly canceled; and WHEREAS, the Petitioner waited for the Redevelopment Commission's next regularly scheduled meeting set for July 20, 2007; and WHEREAS, the Petitioner has a tenant, Corporate Services, Inc., leasing the Property; and 11 REGULAR MEETING AUGUST 13, 2007 WHEREAS, Corporate Services, Inc. provides services and products to clients which require environmentally controlled facilities for the production of those products and the provision of those services; and WHEREAS, Corporate Services, Inc. in anticipation of timely consideration of Petitioner's tax abatement petition committed to completion of a new heating and air conditioning system (HVAC) completely installed on the Property and ready for inspection by a client by a date specific time; and WHEREAS, the client intends to begin utilizing Corporate Services' products and services to be provided on the Property; and WHEREAS, the Redevelopment Commission did not come to a final resolution regarding the Petitioner's tax abatement petition at its July 20, 2007 meeting, Petitioner and Petitioner's tenant, Corporate Services, Inc. encountered significant time constraints to complete the installation of the HVAC system; and WHEREAS, the date specific time Corporate Services committed to was prior to the next available scheduled Common Council meeting date of August 13, 2007; and WHEREAS, the Petitioner's tenant, Corporate Services, Inc., with prior notification to the Common Council, requested Petitioner to commence work on the installation of the HVAC system before the Common Council could consider the petition; and WHEREAS, Petitioner commenced such work; and WHEREAS, the Common Council has adopted a policy requiring that petitioners for tax abatement wait until after the Common Council has adopted declaratory and confirming resolutions in accordance with Indiana Code section 6-1.1-12.1-2.5 (b) and (c), before obtaining a building permit and before initiating redevelopment or rehabilitation of real property, absent circumstances that compel a petitioner to initiate such activities before such resolutions have been adopted; and WHEREAS, the Petitioner has presented substantial evidence to the Common Council that urgent circumstances existed requiring the Petitioner's tenant, Corporate Services, Inc., to request that installation of the HVAC system be initiated before the Common Council had adopted declaratory and confirming resolutions, and the Common Council has concluded that such circumstances present a compelling reason to waive the Common Council's policy: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Petitioner has presented testimonial and documentary evidence of the following facts and the Common Council hereby makes the following findings of fact in support of this resolution: A. Petitioner submitted their petition for tax abatement well in advance of the planned work. B. The tenant of the Property is Corporate Services, Inc. whose business is the provision of services and products to clients which require environmentally controlled facilities for the production of such products and the provision of such services. C. The work was requested by Petitioner's tenant, Corporate Services, Inc. 12 REGULAR MEETING AUGUST 13, 2007 D. Full consideration of the Petitioner's tax abatement petition was delayed through no fault of the Petitioner or Corporate Services, Inc. E. As a result of the timely submission of the petition, Corporate Services, Inc. had committed to providing a finished, environmentally controlled production and storage facility for a client. F. The building Corporate Services, Inc. is occupying was vacated several months ago by a firm that closed its operations in South Bend. By moving quickly Corporate Services, Inc. created an opportunity to back fill a building that was in danger of remaining unoccupied for sometime. G. The property is located within the Airport Development Area, an area within the city that has been targeted by the Common Council for consideration of tax abatement for redevelopment and rehabilitation of industrial space, Section 2-82 of the South Bend Municipal Code. H. The Petitioner and Corporate Services, Inc. acknowledge and respect the long-standing policy of the Common Council to require that the economic revitalization area declaratory and confirming resolutions be adopted by the Common Council before a building permit is obtained and before rehabilitation begins. I. At all times throughout these proceedings, the Petitioner and Corporate Services, Inc. have acted in good faith, have promptly cooperated with all requests of the Common Council and the South Bend Department of Community and Economic Development, and have made every effort to comply, to the best of their ability, with the requirements of law and the policies of the Common Council. J. Because of the unusual and adverse circumstances described herein, the Petitioner and Corporate Services, Inc. were forced by the exigencies of the situation to proceed with rehabilitation of the Property without first receiving adoption of declaratory and confirming resolutions by the Common Council. SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive noncompliance by the Petitioner with certain conditions precedent to rehabilitation of the Property, in accordance with Indiana Code section 6-1.1-12.1-11.3. SECTION III. The Common Council hereby waives such noncompliance, for the purpose of permitting the Council to proceed with consideration of the Petition on its merits. SECTION IV. The waiver granted in this Resolution is unique to Petitioner, and it shall not be construed as a relaxation of the Common Council's general rules requiring adoption of declaratory and confirming resolutions before obtaining a building permit. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council RESOLUTION NO. 3772-07 A RESOLUTION OF THE COMMON COUNCIL 13 REGULAR MEETING AUGUST 13, 2007 OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5855 CARBONMILL DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GWSB PROPERTIES, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 5855 Carbonmill Drive, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered One (1) as shown on the recorded Plat of U. S. 31 Industrial Park, Phase II, recorded October 9, 2001 as Document Number 0150153 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Number 25-1009-015210, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., 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 area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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 Community 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 et sec ., 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; 14 REGULAR MEETING AUGUST 13, 2007 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 as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, 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- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as 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 (6) six 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. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on these bills this afternoon and voted to send them to the full Council with a favorable recommendation. Mr. Michael K. Conn, Authorized Representative for GWSB Properties, LLC, made the presentation for these bills. Mr. Conn advised that the petitioner's tenant, Corporate Services, Inc., in anticipation of timely consideration of the tax abatement, committed to completion of a new heating and air conditioning system (HVAC) completely installed on the Property and ready for inspection by the client by a date specific time. Corporate Services, Inc, notified the Council prior to commencing work on the HVAC system. The date specific time was before the next scheduled Common Council meeting of August 13, 2007. Mr. Conn further advised that Corporate Services, Inc., the lessee, performs marketing services including printing, packaging, assembly, warehousing and distribution. The owners of the project, GWSB Properties, LLC intend to add mechanical equipment to provide temperature and humidity control to the entire operation. Due to the types of materials which Corporate Services, Inc. stores and handles for their current and a prospective 15 REGULAR MEETING AUGUST 13, 2007 client, humidity control is a contractual requirement to obtaining and keeping their business. Without it, they cannot operate in that facility. The estimated dollar value of the project is $300,000 to $500,000. The redevelopment and rehabilitation project will create eighteen full-time permanent jobs within the first year, representing a new annual payroll of $465,000 and will maintain six existing permanent full-time jobs with an annual payroll of $156,000. Of the existing jobs, five full time positions are held by minorities. The payroll numbers do not include benefits, for which all employees have eligibility. A Public Hearing was held on these Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Dieter made a motion to adopt Bill No. 07-99. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Puzzello made a motion to adopt Bill No. 07-90. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3773-07 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 840 UNITED DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR NELSON DEE, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 5 acres adjacent to 840 United Drive, South Bend, Indiana, and which is more particularly described as follows: That part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as Lot No. 2 of the plat of "United Major Subdivision" as recorded by Document No. 0522221 in the Records of St. Joseph County Recorder's Office. and which has Key Number 18-3046-1772 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., 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 area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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 Community 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: 16 REGULAR MEETING AUGUST 13, 2007 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 et sec ., 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 as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, 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- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as 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 (9) nine 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. The Common Council hereby determines that should the Company receive the Enterprise Zone Investment Deduction under LC. 6-1.1-45 for the same property, this Tax Abatement designation shall become null and void. The Company 17 REGULAR MEETING AUGUST 13, 2007 may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under LC. 6-1.1-45 for the same property. SECTION IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Varner made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this substitute bill and voted to send it to the full Council with a favorable recommendation. Mr. Jeff McGowan, CPA, Kruggel, Lawton & Company, LLC, CPAs, and Mr. Steve Infalt, United Beverage Company of South Bend, 840 United Drive, South Bend, Indiana, made the presentation for this bill. Mr. McGowan stated that United Beverage has been a beer wholesaler for 75 years. They have been at their current location for 40 years and they have put on several additions. Mr. Infalt stated that the beer business has been transition from cans to bottles which has created the need for more warehouse space. He stated they intend to purchase five acres which are contiguous to their site. This will allow them to move their parking lot area and also to construct an additional 15,000 square feet of warehouse space. They also intend to remodel their current warehouse. These efficiencies will allow them to compete more effectively. United Beverage receives beer on a daily basis, and it must be stored in a temperature controlled environment until it is delivered to their accounts. They currently distribute Anheuser Busch, Corona, and Heineken as their main product lines. Mr. Infalt stated that they supply beer to over 750 accounts in St. Joseph, Elkhart, and LaPorte counties. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kirsits made a motion to adopt this substitute Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3774-07 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 220 WEST COLFAX AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COLFAX PLACE ASSOCIATES WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by 18 REGULAR MEETING AUGUST 13, 2007 the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 220 West Colfax Avenue, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: Lots Numbered One (1), Two (2), Seven (7), Eight (8) and the East one- third (1/3) of Lot Numbered Four (4) as shown on the recorded Plat of J.C. Knoblock's Subdivision of Lots Numbered Two Hundred Forty-five (245) and Two Hundred Forty-six (246) in the Original Plat of the Town, now City of South Bend, Indiana, recorded February 26, 1901 in the Office of the Recorder of St. Joseph County, Indiana. EXCEPTING from said Lot Numbered Two (2) the following: A strip of land bounded by a line described as beginning at the Northwest corner of Lot Two (2) in Knoblock's Subdivision of Lots Two Hundred Forty-five (245) and Two Hundred Forty-six (246) in the Original Plat of South Bend, Indiana; thence running Easterly on the North line of said Lot Two (2) a distance of 31.65 feet to a point that is 0.50 feet East of the East end of the existing Party Wall; thence South a distance of 1.25 feet; thence Westerly parallel with the North line of said Lot Two (2) to a point on the West line thereof. said point being 1.25 feet South of the point of beginning; thence North on the West line of Lot Two (2) along the West end of said Party Wall to the place of beginning; said exception being the real estate described in that certain Quit-Claim Deed dated March 21, 1986, and recorded as Instrument 8606081 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL II: Also, Lot Numbered Two Hundred Forty-four (244) and the East 60 feet of Lots Numbered Two Hundred Forty-five (245) and Two Hundred Forty-six (246) as shown on the Original Plat of the Town, now City of South Bend, Indiana. PARCEL III: (Designated as a Private Alley) Lot Lettered "A" as shown on the recorded Plat of J.C. Knoblock's Subdivision of Lots Two Hundred Forty-five (245) and Two Hundred Forty-six (246) in. the Original Plat of the Town, now City of South Bend, recorded February 26, 1901 in Plat Book 8, page 15 in the Office of the Recorder of St. Joseph County, Indiana, said alley being Ten (10) feet in width, East and West, and Fifty (50) feet in length, North and South, being adjacent to and East of Lots One (1), Two (2) and the South Nine (9.00) feet of Lot Three (3) in said J.C. Knoblock's Subdivision of said Lots Numbered Two Hundred Forty-five (245) and Two Hundred Forty-six. (246). and this property has Tax Key Numbers 18-1012-0471; 0473; 0474 and 0475 be designated as a Residentially Distressed Area 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 area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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 Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. 19 REGULAR MEETING AUGUST 13, 2007 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has 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 G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. 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 area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating 20 REGULAR MEETING AUGUST 13, 2007 this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area 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 property designated as a residentially distressed area. 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/Timothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Manette Tepe, 227 S. Main Street, Suite 300, South Bend, Indiana, made the presentation for this bill. Ms. Tepe advised that Colfax Place Associates intends to convert a 28,059 sq. ft. office building to condominiums. 24,783 sq. ft. will be used for the condominiums (2"d through the 7th floors.) A maximum of twelve (12) units will be constructed. 3,276 sq. ft. will be used for commercial space. The condos will range in size from 1544 sq. ft. to 3800 sq. ft. They will contain from two to three or more bedrooms, depending on buyer's preference, and two to three bathrooms with a living room and kitchen. On site parking will be provided. The price of the condos will range from $259,000 fora 1544 sq. ft. unit on the second floor to $850,000 fora 3800 sq. ft. unit on the top floor of the building. The total cost of the project is estimated at $4,100,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this substitute Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 07-96 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 2722 TUCKER DRIVE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC 21 REGULAR MEETING AUGUST 13, 2007 BILL NO. 07-97 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 1400 W. RIVERSIDE DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC BILL NO. 07-98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 AND 1215 SOUTH WALNUT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC Councilmember Puzzello made a motion to combine these bills for purposes of Public Hearing. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3775-07 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 2722 TUCKER DRIVE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 2722 Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana: Apart of the South'/z of the Northwest'/4 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the East line of the Southwest'/4 of the Northwest'/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest'/4 of the Northwest'/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 Enterprise, 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 East line of said Southwest'/4 of the Northwest'/4, 323.0 feet to the 22 REGULAR MEETING AUGUST 13, 2007 South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest'/4 of the Northwest'/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. 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.. Apart 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 (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 to 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 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 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 Section Fifteen (15); thence Southerly along said East line One Hundred Ninety-nine and Eighty-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 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 a public highway. A lot or parcel of land situated in the Northwest 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 said North line a distance 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance 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 City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said 23 REGULAR MEETING AUGUST 13, 2007 Section fifteen (15); thence South 492.9 feet to the North line of the right-of--way of the Indiana Northern Railroad; thence East along the said North line of the right-of--way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. Together with aright-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 the North 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 there from 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 Numbered 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 Numbered 16, 219 feet, more or less, to a point distance 250 feet by rectangular measurement from the original center line of said right-of--way; thence North Easterly parallel with and 205 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 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 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 fourth, 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 the 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. Beginning in the center line of Olive Street in said City at a point Seven Hundred Eighteen and twenty-five hundredths (718.25) feet South of the North line of said Section No. 15, said point of beginning being on the Southerly line of a strip of land fifty(50) feet wide reserved for the right of way of the Indiana Northern Railroad Company thence running South on the center line of Olive Street, a distance of Six Hundred Eight and fifteen-hundredths (608.15) feet to the South east corner of said North East quarter of the North West quarter of Section No. 15; thence running West on said South line, a distance of Thirteen Hundred twenty-seven (1327) feet to the West line of said quarter Section, thence North on said West line, a distance of Four Hundred Ninety-three and four hundredths (493.04) feet to the Southerly line of said parcel deeded by said Grantors to the New York Central Railway Company; thence North Easterly along the Southerly line 24 REGULAR MEETING AUGUST 13, 2007 of said last named parcel to a point on the South line or the right of way of the Indiana Northern Railroad Company due West of the place of beginning: thence East ten hundred Fifty-seven and Thirteen-hundredths (1057.13) feet, more or less, to the place of beginning and containing Seventeen and seven hundred Sixty-one thousandths (17.761) acres, exclusive of Olive Street. All that part of the East Half of the North West Quarter of the North West Quarter of Section No. 15, Township No. 37 North, Range No. 2 East, that lies South of the right- of-way of the Indiana, Illinois, and Iowa Railroad Company (now New York Central Railroad), now within and a part of the City of South Bend; excepting there from a lot or parcel of land bounded as follows: Beginning at the intersection of the South Easterly line of said right-of--way and the East line of the East Half of the Northwest Quarter of the North West Quarter of said Section No. 15, thence running South Westerly along the South Easterly line of said right-of--way to the West line of the East Half of the North West Quarter of the North West Quarter of said Section; thence running South 219 feet, more or less, to a point; thence North Easterly parallel with and 219 feet South of the Southerly line of said right- of-way to the East line of the East Half of the North West Quarter of the North West Quarter of said Section No. 15; thence North 219 feet, more or less, to the place of beginning. and which have Key Numbers 18-8075-2838, 18-8075-2839, 18-8075-2843, 18-8075- 2844.03, 18-8075-2844.04, 18-8075-2844.06, 18-8075-2845.01, 18-8075-2845.02, 18- 8075-2845.03, be designated as an Economic Revitalization Area 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 and 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, et seq., and South Bend Municipal Code Sections 2-76, et sec ., 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 Community 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 et seq., 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 by the petitioner 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 new manufacturing equipment; and 25 REGULAR MEETING AUGUST 13, 2007 (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 Statement of Benefits as set forth in Sections 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 Community and Economic Development, and the Community and Economic Development Committee=s favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. 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 if 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 for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of 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/Timothy A. Rouse Member of the Common Council RESOLUTION NO. 3776-07 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 1400 W. RIVERSIDE DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1400 W. Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana: Beginning at the Southeast corner of the Southwest'/4 of said, section 35; thence South 89 49'52" West (bearing assumed) along the South line of said section, 308.97 feet; thence North 89 55'00" West, 116.24 feet; thence North 00 00'27" West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55'00" West along said North line of alley, the East line of Kessler Boulevard, 128.00 feet South 89 55' 18" East of the Northeast addition to the City of South Bend recorded Apri16, 1906 in Plat Book 0, pages 30 and 31; thence South 89 55' 18" East along the South line of King Street, 352.84 26 REGULAR MEETING AUGUST 13, 2007 feet; thence North 00 00'27" West, 194.85 feet to a point the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06'09" East, 128.81 feet; thence North 89 46'49" East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37' 15" West along a chord subtending said Westerly line of Riverside Drive, 455.43 feet to the South line said section 35; thence North 90 00'00" West along said South line, 156.71 feet to the point of the beginning. Commencing at the Southeast corner of the'/4 of said section 35; thence North 00 00'30" West (bearing assumed) along the East line of said Southwest 1/4 a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00'30" West along said East line 336.00 feet to the South line of Queen Street; thence south 89 56'09" West along said South line of Queen Street 176.60 feet, thence North 00 02'36" East 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56'09" West along said centerline of alley, 131.27 feet; thence South 00 06'09" West along the East line of Lot 145 in the Third Plot of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street; thence South 89 56'09" West along Allen Street; thence South 00 05'51" West along said East line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58'27" East along said South line of McCartney Street, 12.91 feet; thence South 00 06'09" West 6.11 feet; thence North 89 56'09" East 308.71 feet to the Point of beginning. and which has Key Numbers 18-2110-4065 and 18-2110-4067, be designated as an Economic Revitalization Area 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 and 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, et seq., and South Bend Municipal Code Sections 2-76, et sec ., 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 Community 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 et seq., 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 by the Petitioner can be reasonably expected to result from the proposed installation of new equipment; 27 REGULAR MEETING AUGUST 13, 2007 (d) Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed 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 Statement of Benefits as set forth in Sections 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 Community and Economic Development, and the Community and Economic Development Committees favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. 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 if 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 for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of 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/Timothy A. Rouse Member of the Common Council RESOLUTION NO. 3777-07 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 1217 AND 1215 SOUTH WALNUT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1217 and 1215 South Walnut Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest Quarter of Section 14, and the Northeast Quarter of Section 15, Township 37 North, Range 2 East, bounded by the following described line: 28 REGULAR MEETING AUGUST 13, 2007 Beginning at a point in the West line of Walnut Street, 1239.70 feet South of the South line of Sample Street, which point is 587.95 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428 and Deed Record 121, page 320; thence on an assumed bearing of South 0 00'49" East along said West line of Walnut Street, 479.91 feet; thence South 89 54' 12" West, 725.03 feet; thence South 61 54' 12" West, 42.91 feet; thence South 89 23'32" West 437.13 feet; thence North 0 00'49" West parallel with said West line of Walnut Street, 504.26 feet; thence North 89 55'05" East, 1200 feet to the place of beginning. A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest'/4 of Section 14, and the Northeast'/4 of Section 15, Township 37 North, Range 2 East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 682.75 feet south of the South line of Sample Street, which point is 31 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428 and Deed Record 121, page 320; thence on an assumed bearing of South 0 00'49" East along said West line of Walnut Street, 556.95 feet; thence South 89 55'05" West, 1200 feet; thence North 0 00'49" West parallel with said West line of Walnut Street, 589.19 feet to a point 651.75 feet South of the South line of Sample Street or the produced South line of the tract conveyed of F.C. Raff, recorded in Deed Record 172 page 641; thence South 89 57' 10" East along the South line above described tract produced East, 295 feet; thence South 0 00'49" East parallel with the West line of Walnut Street, 31 feet; thence North 89 57' 16" East, 905 feet to the place of beginning, containing 15.565 acres, more or less. and which have Key Numbers 18-8021-0845.03 and 18-8021-0845.04, be designated as an Economic Revitalization Area 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 and 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, et seq., and South Bend Municipal Code Sections 2-76, et sec ., 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 Community 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 et seq., 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 by the Petitioner can be reasonably expected to result from the proposed installation of new equipment; 29 REGULAR MEETING AUGUST 13, 2007 (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed 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 Statement of Benefits as set forth in Sections 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 Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. 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 if 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 for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of 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/Timothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on these bills this afternoon and voted to send them to the full Council with a favorable recommendation. Mr. Gerald Lerman, Vice President/Treasurer, Steel Warehouse Company LLC and Affiliates and Equipment Lessors, 2722 Tucker Drive, South Bend, Indiana, made the presentation for these bills. Mt. Lerman advised that Steel Warehouse Company LLC is a steel service center with a primary focus on flat rolled, low carbon steel with operations involving slitting, leveling, pickling, shearing, temper rolling, and cold reducing. The petitioner also supplies profiling parts through its plasma and laser cutting operations. In connection with its operations, the company takes substantial positions in steel and steel products for the future sale and marketing of the same to is customers. The first abatement request for personal property at 2722 W. Tucker involves the acquisition of equipment for manufacturing, servicing, processing and material handling of steel and steel products, having a total cost expected to be from $2,500,000 to $5,000,000. The acquisition will enable the company to add capacity to and to modernize its existing manufacturing equipment and facilities at this location. The second abatement request for personal property at 1400 W. Riverside is for the acquisition of equipment for manufacturing, servicing and processing equipment having a total cost between $1,500,000 and 30 REGULAR MEETING AUGUST 13, 2007 $3,500,000. The acquisition will enable the company to add capacity to plasma and laser cutting manufacturing equipment at the Riverside location. The third abatement request for personal property at 1217 and 1215 S. Walnut involves the acquisition of manufacturing equipment having a total cost expected to be from $00,000 to $2,500,000. The acquisition will permit the company to add capacity to its tool steel operations. The total investment for the three projects is estimated to be between $4,400,000 and $11,000,000. The amount of the final investment will depend on a number of factors including trends in the demand for Steel Warehouse's products and the cost and availability of needed equipment to be acquired between approval of the abatement requests and the expiration of their approved Economic Revitalization Area (ERA) designations in July/August 2009. It is estimated that the projects will create up to five (5) new permanent full time jobs at the Tucker location, four (4) to twelve (12) at the Riverside location and from five (5) to twenty-five (25) jobs at the Walnut location representing new annual payrolls of $156,000, $130,400 to $391,200 and $156,000 to $780,000 respectively at the three facilities. The project is also expected to retain a total of four hundred and eight-one (481) full-time jobs, representing an annual payroll of $22,707,500 at the facilities. A Public Hearing was held on these Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Puzzello made a motion to adopt Bill No. 07-96. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Dieter made a motion to adopt Bill No. 07-97. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Kelly made a motion to adopt Bill No. 07-98. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 07-101 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING AN INTEREST IN, AND AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT 738 LELAND AVENUE Councilmember Puzzello made a motion to continue this bill indefinitely at the request of the petitioner. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILLS -FIRST READING BILL NO. 48-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: AMENDING ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS, TO ADD RELIGIOUS USES AND PUBLIC LIBRARIES IN ALL DISTRICTS, TO ALLOW MINI (SELF STORAGE) WAREHOUSES WITHOUT OUTDOOR STORAGE AS A PERMITTED USE AND WITH OUTDOOR 31 REGULAR MEETING AUGUST 13, 2007 STORAGE AS A SPECIAL EXCEPTION USE IN THE GB GENERAL BUSINESS DISTRICT; AMENDING ARTICLE 4 INDUSTRIAL DISTRICTS TO ADD CERTAIN FOOD SALES AND SERVICE USES, MINI (SELF STORAGE) WAREHOUSES AND RELIGIOUS USES TO THE LI LIGHT INDUSTRIAL DISTRICT, TO ADD MINI (SELF STORAGE) WAREHOUSES AND RELIGIOUS USES TO THE GI GENERAL INDUSTRIAL DISTRICT; AMENDING ARTICLE 7 GENERAL REGULATIONS TO REVISE THE HEIGHT OF MONUMENT SIGNS, TO PROVIDE FOR A MAXIMUM HEIGHT TO PARKING AREA SCREENING, TO REVISE THE REQUIRED N UMBER OF PARKING SPACES FOR TWO-FAMILY AND MULTI- FAMILY RESIDENCES AND RESTAURANTS; AMENDING ARTICLE 11 DEFINITIONS TO ADD A DEFINITION FOR MINI (SELF STORAGE) WAREHOUSE, TO REVISE THE DEFINITION FOR WAREHOUSE, AND TO DELETE THE DEFINITION FOR STORAGE AND TRANSFER ESTABLISHMENT This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 49-07 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF BRICK ROAD RIGHT OF WAY LOCATED IN THE NORTH'/z OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Puzzello 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 27, 2007. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 50-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND VARIOUS SECTIONS OF CHAPTER 6, ARTICLE 1, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PERMIT FEES AND THE DEFINITION OF PLUMBING CONTRACTOR This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on August 27, 2007. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 32 REGULAR MEETING AUGUST 13, 2007 BILL NO. 51-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF THE CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on August 27, 2007. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 52-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 827 EAST WAYNE STREET; 219, 222, 224, 228, 230 AND 231 SOUTH NOTRE DAME AVENUE; AND VACANT PROPERTY LYING EAST OF 222 AND 224 SOUTH NOTRE DAME AVENUE AND VACANT PROPERTY LYING SOUTH OF 219 SOUTH NOTRE DAME AVENUE; COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM THE BOARD OF ZONING APPEALS (BZA) BILL NO. 07-93 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 (3520 WESTERN AVENUE, SOUTH BEND, INDIANA) Councilmember Pfeifer made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on August 27, 2007. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no on present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:02 p.m. 33 REGULAR MEETING ATTEST: John Voorde, City Clerk AUGUST 13, 2007 ATTEST: Timothy A. Rouse, President 34