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HomeMy WebLinkAbout04-22-02 Council Meeting MinutesREGULAR MEETING APRIL 22, 2002 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, April 22, 2002, at 7:00 p.m. The meeting was called to order by Council Vice President Karen White and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Karl King David Varner Andrew Ujdak Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: Roland Kelly 151 District 2nd District 4" District Chairperson, Committee of the Whole 5th District 6th District At -Large At -Large At -Large Vice - President 31 District President MOMENT OF SILENCE FOR PRESIDENT ROLAND KELLY Vice President Karen White asked for a moment of silence and prayer for Council President Roland Kelly who is recovering from open heart surgery. 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 April 8, 2002 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/David Varner Councilmember Coleman made a motion that the minutes of the April 8, 2002 meeting of the Council be accepted and placed on file. Councilmember Ujdak seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. Chairman King presiding. BILL NO. 54 -95 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF STATE ROAD 23 FROM THE EAST RIGHT -OF -WAY LINE OF N. BURNS STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. BURNS STREET FOR A DISTANCE OF APPROXIMATELY 118 -1- REGULAR MEETING APRIL 22, 2002 FEET AND A WIDTH OF APPROXIMATELY 10 FEET. PART SITUATED IN HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA Councilmember King advised that there has been a request by the petitioner to postpone consideration of this ordinance until May 13, 2002. Therefore, Councilmember Coleman made a motion to continue this bill until the May 13, 2002 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 22 -02 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS SCHULMAN DRIVE (FORMERLY DAVIS DRIVE) FROM OLIVE STREET TO GRANT STREET FOR A DISTANCE OF 1,067.6 FEET AND A WIDTH OF 60 FEET. THE SECOND STREET TO BE VACATED IS GRANT STREET FROM SAMPLE STREET TO THE NORTH LINE OF THE INDIANA NORTHERN RAILWAY COMPANY RIGHT OF WAY Councilmember Varner reported that the Public Works and Property Vacation Committee conducted a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. He noted that the Board of Public Works also sends a favorable recommendation on this bill. Mr. Michael J. Danch, Danch, Hamer & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill representing the petitioners, Riatt Corporation, as well as the other petitioners listed on the application form including the City of South Bend. Mr. Danch noted that the Petitioners propose to vacate Grant Street from Sample on the north to the Northern Indiana Railway Company right of way on the south and Schulman Drive from Olive Street on the west to Grant Street on the east. The vacation of these streets is in conjunction with a project which will encompass approximately eighty (80) acres which will be reconfigured into three (3) buildable lots along with two (2) outlots. One of the lots will contain the proposed TJX Distribution Center, one will continue to house the facilities for the AEP substations and the third will continue to be owned by the South Bend Community School Corporation. The two (2) outlots will house the retention area to handle the drainage for this entire project site. This vacation is necessary in order to continue through the subdivision procedure. Mr. Danch further noted that over the last several weeks they have been in contact with several of the utility companies to request their specific releases of the existing utilities that are within these right of ways. They are finishing up that particular project and have already submitted a subdivision plat to the Area Plan Commission for approval. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Martin Kruszewski, no address given, stated that he is in favor of this vacation but has a concern because he owns property across from the project. He advised that he has noticed that they are going to take (3) three properties to the east and three (3) properties to the west which will isolate two (2) houses, one of which he owns. He noted that it seems to him that when they take the properties to the west they should take all the properties to the west which would just leave a small business area. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. -2- REGULAR MEETING APRIL 22, 2002 In rebuttal, Mr. Danch advised that he is not sure which two (2) properties Mr. Kruszewski is referring to but it is his understanding that the project is taking at least thirteen (13) to fourteen (14) properties that encompass eighty (80) plus acres all of which he believes are owned by the school corporation. If there are two (2) adjacent houses it could be the existing subdivision to the east which are not part of this project. Councilmember Ujdak stated that the houses referred to by Mr. Kruszewski are on the north side of Sample Street and east of the Aroma building. Mr. Danch advised that these are outside the project site which goes from the center line of Sample Street south. He stated that he believes Mr. Kruszewski is referring to the radius map shown on the application form which is required and is used for notification of property owners within one hundred fifty (150) feet of the proposed vacation. This map is not the actual project site. Councilmember King explained that this map does not indicate that those houses are being taken for the project but means that these particular property owners would be affected by the vacation and therefore notice has to be given. Mr. Kruszewski stated that he has no problem with that. Therefore, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 24 -02 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF BARTLETT STREET FROM THE EAST RIGHT -OF -WAY LINE OF LAFAYETTE BOULEVARD EAST TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH/SOUTH ALLEY EAST OF LAFAYETTE BOULEVARD FOR A DISTANCE OF 179 FEET AND A WIDTH OF 13 FEET. BEING A PART OF VINSON'S SUBDIVISION IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee conducted a Public Hearing on this bill and sends it to the full Council with a favorable recommendation. He noted that the Board of Public Works has also submitted a favorable recommendation concerning this bill. Ms. Anne Bruneel, Baker & Daniels, 205 West Jefferson Boulevard, Suite 250, South Bend, Indiana, made the presentation for this bill on behalf of the South Bend Community School Corporation. Ms. Bruneel advised that the school corporation is seeking to vacate the alley that runs to the south of the existing Madison School and immediately to the north of the YWCA facility. The purpose of the vacation is to continue with the expansion and renovation of Madison School. Specifically, this vacation will allow the construction of a handicap entrance on the south side of the building and provide a space and buffer to screen the emergency exit from the existing YWCA parking lot and alley in the event that that entrance is needed to evacuate the building. In regards to access to the YWCA building, they do have an existing drive to Lafayette and the alley that currently runs along the east side of their building. This alley is not being sought for vacation at this time as it is a one way alley that carries traffic from the parking lot of the YWCA south onto Bartlett Street. Access as well as ingress and egress to the YWCA should not be affected by this vacation. -3- REGULAR MEETING APRIL 22, 2002 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 Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 25 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 6, SECTION 17 -49 OF THE SOUTH BEND MUNICIPAL CODE TO DELETE SHUTOFF VALVE REPAIR Councilmember Al "Buddy" Kirsits reported that the Utilities Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Stancati, Director, South Bend Water Works, 207 North Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Stancati advised that this bill resolves the problem they have had with the leak insurance fund for the last few years. The original 1976 ordinance did not include the curb valve replacement which came into play in the early 80's when the number of repairs no longer could be handled in -house and they were added to the leak insurance fund. This ordinance would remove the current valve leak insurance repair fund and allow only the service line leak insurance fund. The Water Works would do as many repairs in -house as possible with the balance to be paid out of revenue. This ordinance will also save the fund a sufficient amount of money in order to keep it in the black. Mr. Stancati noted that they will be making a number of changes in the utility in order to have the funds available to cover the shortfall of the insurance fund. Councilmember Varner asked for a clarification on the worksheet which was submitted to the Council this afternoon which lists curb valve repairs at four hundred fifty (450 ) over the next five (5) years. He asked if that figure is four hundred fifty ( 450) a year that they anticipate doing or whether it is four hundred fifty (450) total for the five (5) year period. Mr. Stancati advised that four hundred fifty (450) is the number that he used as an average over the five (5) year period. 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 Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Coleman made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: Lorett a, C y Jerk N REGULAR MEETING APRIL 22, 2002 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 7:20 p.m. Council Vice President Karen White presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9320 -02 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS SCHULMAN DRIVE (FORMERLY DAVIS DRIVE) FROM OLIVE STREET TO GRANT STREET FOR A DISTANCE OF 1,067.6 FEET AND A WIDTH OF 60 FEET. THE SECOND STREET TO BE VACATED IS GRANT STREET FROM SAMPLE STREET TO THE NORTH LINE OF THE INDIANA NORTHERN RAILWAY COMPANY RIGHT OF WAY This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9321 -02 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF BARTLETT STREET FROM THE EAST RIGHT -OF -WAY LINE OF LAFAYETTE BOULEVARD EAST TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH /SOUTH ALLEY EAST OF LAFAYETTE BOULEVARD FOR A DISTANCE OF 179 FEET AND A WIDTH OF 13 FEET. BEING A PART OF VINSON'S SUBDIVISION IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9322 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 6, SECTION 17 -49 OF THE SOUTH BEND MUNICIPAL CODE TO DELETE SHUTOFF VALVE REPAIR This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3083 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING -5- REGULAR MEETING APRIL 22, 2002 CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN A 1915 N. BENDIX DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR APPLETREE ASSOCIATES (PEI GENESIS, INC.) WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1915 N. Bendix Drive, South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter (1/4) of the Northeast Quarter (1/4) of Section Thirty -Three (33), Township Thirty -Eight (38) North, Range Two (2) East, Portage Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at a found Three - Quarter (3/4) inch iron pipe at the West right -of -way line of Bendix Drive which is North 00 degrees 00 minutes 25 seconds East, 232.03 Feet (North 00 Degrees 07 Minutes 29 Seconds East, 232.38 Feet record) and North 89 degrees 44 minutes 04 seconds West, 40.00 Feet (North 89 degrees 40 minutes 09 seconds West, 40.00 Feet record) from the East Quarter (1 /4) post of said Section Thirty -Three (33); thence North 89 degrees 44 minutes 04 seconds West (North 89 degrees 40 minutes 09 seconds West record) a distance of 661.80 feet (661.97 feet record) to a found Three Quarter (3/4) inch iron pipe; thence North 00 degrees 00 minutes 25 seconds East (North 00 degrees 07 minutes 29 seconds East record) a distance of 290.69 feet (290.79 feet record) to a found three- quarter (3/4) inch iron pipe; thence North 89 degrees 52 minutes 20 seconds East (North 89 degrees 56 minutes 16 seconds East record) a distance of 661.79 feet (661.94 feet record) to a found five - eights (5/8) inch rebar at the West right -of -way line of Bendix Drive; thence South 00 degrees 00 minutes 25 seconds West (South 00 degrees 07 minutes 02 seconds West record) along said right -of -way line a distance of 295.24 feet (295.33 feet record) to the point of beginning, containing 4.45 acres, more or less, subject to all public highways and any easements of record, if any. and which has Key Number 25- 1006 - 0301.01, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: -6- REGULAR MEETING APRIL 22, 2002 SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of six (6) 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 et. se q. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Karen White Member of the Common Council Mr. John Peddycord, 300 North Michigan Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Peddycord stated that he does not have anything to add to his presentation other than to request that the Council adopt this confirming Resolution. 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 Coleman made a motion to adopt this Resolution. Councilmember Ujdak seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3084 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 735 LINCOLN WAY WEST TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION (TEACHERS CREDIT UNION) WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 735 Lincoln Way West, South Bend, Indiana, and which is more particularly described as follows: Parcel #I Lot Number One (1) as shown on the recorded Plat of Kent and Garrison's Subdivision of Out Lot One (1) of Hendrick's and Grant Addition to the town. Parcel #2 Lots Numbered Eighteen (18) and Twenty -three (23) as shown on the recorded Plat of James D. Kent's Subdivision of Bank Out Lot Numbered One Hundred Fourteen (114), taken off of and from the South Side of Bank Out Lot Numbered One Hundred -7- REGULAR MEETING APRIL 22, 2002 Thirteen (113), of the Third Plat of Out Lots of the town. Parcel #3 The Section of the Old Kankakee Mill Race Bounded on the South by Lots One (1) and Two (2) of Kent and Garrison's Subdivision, on the East by the West edge of the North/South alley between Cushing and Scott Street, on the North by Lot Twenty -three (23) of Kent's Subdivision of Bank Outlot One Hundred Fourteen (114) and Part of Bank Outlot One Hundred Thirteen (113) and on the West by the East edge of Cushing Street. Parcel #4 Lot Numbered Two (2) in Kent and Garrison's Subdivision of Out lot One (1) of Henrick's and Grant's Addition to the Town. and which has Key Numbers 18- 1055 -2345, 18- 1055 -2331, and 18- 1055 -2346 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.2 et se q., and South Bend Municipal Code Sections 2 -76 et se ., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council pursuant to Section 2 -84 of the South Bend Municipal Code finds the ten 10 years is the appropriate and rational time period for this tax abatement in light of the following: The building is being built in a location that has a history of disinvestment, blighted structures and debilitating social activity. 2. The building is within The City of South Bend and SBHF's targeted area for development. SBHF's goal is to clear substandard properties and undesirable businesses between the Center City and the 900 block of LWW. This project will enhance the millions of dollars that the City of South Bend has spent on infrastructure improvements along LWW. SECTION II. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION III. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten 10 years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. se g. REGULAR MEETING APRIL 22, 2002 SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Karen White Member of the Common Council Ms. Dea Andrews, 223 North Scott Street, South Bend, Indiana, representing the South Bend Heritage Foundation and Mr. Mark Noeldner, Teachers Credit Union, 110 South Main Street, South Bend, Indiana, made the presentation for this Resolution. Ms. Andrews requested that the Council approve the confirming Resolution designating this area for a ten (10) year tax abatement for the purpose of building a new credit union along Lincolnway. Mr. Noeldner had no comments. 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 Aranowski made a motion to adopt this Resolution. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3085 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A (BILL NO. 02 -33) DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL POWERTRAIN, INC. RESOLUTION NO. 3086 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A (BILL NO. 02 -34) DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL POWERTRAIN, INC. Councilmember Coleman made a motion to combine Bill Numbers 02 -33 and 02 -34 for purposes of Public Hearing. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3085 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL POWERTRAIN, INC. 0 REGULAR MEETING APRIL 22, 2002 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3605 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, 2nd P.M. St. Joseph County, Indiana and which has Key Number 25- 1013 -0218, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) 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 et. sea SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Karen White Member of the Common Council RESOLUTION NO. 3086 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL POWERTRAIN, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and -10- U 1 REGULAR MEETING APRIL 22, 2002 WHEREAS, a Declaratory Resolution designated the area commonly known as 3605 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, 2nd P.M. St. Joseph County, Indiana and which has Key Number 25 -1013 -0218, as an Economic Revitalization Area; and WHEREAS, notice ofthe adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. -- SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Karen White Member of the Common Council Mr. Ed Fain, Plant Manager, 3605 West Cleveland Road, South Bend, Indiana, made the presentation for these Resolutions. Mr. Fain requested the Council's confirmation of these Resolutions so that they might move forward with their project which will allow them to further grow their business and bring additional jobs to the South Bend area. A Public Hearing was held on these Resolutions at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions, Councilmember Varner made a motion to adopt Bill No. 02 -33. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. Additionally, Councilmember Pfeifer made a motion to adopt Bill No. 02 -34. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. -11- REGULAR MEETING APRIL 22, 2002 RESOLUTION NO. 3087 -02 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 212 E. LASALLE STREET, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR SBL BUILDING CO., LLC WHEREAS, SBL Building Co., LLC, an Indiana limited liability company (the "Petitioner ") filed a petition for real property tax abatement (the "Petition ") and a Form SB -1 statement ofbenefits with the South Bend City Clerk on February 5, 2002 (the Petition was refiled by the South Bend Department of Community and Economic Development on February 19, 2002) for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council "), requesting that the area commonly known as 212 E. LaSalle Street, South Bend, Indiana, and which has the parcel key number 18 -5003 -0041 (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 se g.; and WHEREAS, the Petitioner's contractor began preliminary demolition of the interior of the Property on February 4, 2002 in preparation for the rehabilitation of the Property; and WHEREAS, the Petitioner's contractor obtained a building permit on February 8, 2002, and began rehabilitation (as defined by Indiana Code section 6- 1.1- 12.1 -1(6)) of the Property on or about February 13, 2002; and WHEREAS, the Common Council has adopted a policy requiring that petitioners for tax abatement wait until after the Common Council has adopted a declaratory resolution in accordance with Indiana Code section 6 -1.1- 12.2- 2.5(b), before obtaining abuilding permit and before initiating redevelopment or rehabilitation of real property, absent circumstances that compel a petitioner to initiate such activities before such declaratory resolution has been adopted; and WHEREAS, the Petitioner has presented substantial evidence to the Common Council that exigent circumstances existed requiring the Petitioner to obtain a building permit and to initiate rehabilitation of the Property before the Common Council has adopted a declaratory resolution, 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. The tenants of the Property and the owners of the Petitioner are two law firms, Tuesley & Hall and Konopa, Reagan & Kenyon, that have made a long -term commitment to maintaining offices in downtown South Bend, and whose partners have made significant contributions for many years to the improvement of the economic and cultural vitality of the City of South Bend. B. The Property stood vacant and in an increasing state of disrepair for approximately two years, before the Petitioner stepped forward with a plan to purchase, rehabilitate and occupy the Property at enormous cost to the Petitioner. -12- REGULAR MEETING APRIL 22, 2002 C. The Petitioner made inquiry into the availability of tax abatement on the increase in assessed value of the Property that will result from its rehabilitation, as early as November of 2001, but was informed erroneously that the Property was not in an area that would qualify for tax abatement or that would be given favorable consideration for tax abatement. D. The Property is in fact located within the East Bank Development Area, an area within the City of South Bend that has been targeted by the Common Council for favorable consideration of tax abatement for redevelopment and rehabilitation of office space, under section 2- 78.1(c)(6) of the South Bend Municipal Code. E. The fact that the Property is located within the East Bank Development Area was not made known to the Petitioner until late January of 2002. The Petitioner contacted the South Bend Department of Community and Economic Development and initiated the completion of the tax abatement petition and statement of benefits promptly upon learning of this status. F. The Petitioner gave express instructions to its contractor not to allow demolition of the interior of the Property to begin until such time as the statement of benefits had been filed with the South Bend City Clerk, as filing agent for the Common Council. G. Notwithstanding these instructions, the contractor began such demolition on February 4, 2002. The statement of benefits and tax abatement petition were first filed with the City Clerk the next day, February 5, 2002. The tax abatement petition was filed again by the South Bend Department of Community and Economic Development on February 19, 2002, as noted in the first prefatory recital of this Resolution. H. Although demolition was initiated on February 4, 2002, without the Petitioner's knowledge or consent, before the statement of benefits was filed, there was no remodeling, repair, betterment, enlargement or extension of the Property (collectively, "Rehabilitation" as defined in section 6 -1.1- 12.1 -1(6) of the Indiana Code) that would have given rise to an increase in assessed valuation of the Property until after February 5, 2002, the date on which the statement of benefits was filed in accordance with the requirements of section 6 -1.1- 12.1 -3 of the Indiana Code. I. The Petitioner acknowledges and respects the long- standing policy of the Common Council to require that the economic revitalization area declaratory resolution be adopted by the Common Council before a building permit is obtained and before rehabilitation begins. J. The Petitioner's contractor obtained a building permit on or about February 8, 2002, and initiated rehabilitation activities soon after demolition of the interior of the Property was completed. The building permit and the initiation of rehabilitation activities took place before the Common Council had adopted a declaratory resolution, in violation of the Common Council's policy. K. If the Petitioner had received correct information concerning the location of the Property within the East Bank Development Area when it first made inquiry in November or December of 2001, there would have been more than adequate time for the Petitioner to have completed the tax abatement petition process, and for the Common Council to have heard the petition and to have acted on the declaratory resolution, well before a building permit had to be obtained and well before any rehabilitation had begun. -13- REGULAR MEETING APRIL 22, 2002 L. By the time the Petitioner learned that the Property was located within the East Bank Development Area and that the rehabilitation of the Property qualified for tax abatement, in late January of 2002, the rehabilitation of the Property nevertheless had to be expedited to assure that the second floor tenant, Konopa, Reagan& Kenyon, would have office space available no later than April 30, 2002, when its existing lease for other office space located within the City of South Bend will expire; M. At all times throughout these proceedings, the Petitioner has acted in good faith, has promptly cooperated with all requests of the Common Council and the South Bend Department of Community and Economic Development, and has made every effort to comply, to the best of its ability, with the requirements of law and the policies of the Common Council. N. Because of the unusual and adverse circumstances described herein, the Petitioner was forced by the exigencies of the situation to proceed with rehabilitation of the Property without first receiving adoption of a declaratory resolution 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. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Karen White Member of the Common Council Councilmember Coleman made motion to consider the substitute version of this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember King reported that the Community and Economic Development Committee conducted a Public Hearing on this bill and sends it to the full Council with a unanimous favorable recommendation. Mr. Thomas J. Hall, 1323 Fairfax Drive, South Bend, Indiana, in his dual capacity as a partner of Tuesley & Hall, a law firm currently at 340 Columbia Place, and as a Manager of SBL Building Co., LLC and Ms. Sean Kenyon, 4113 2A Irish Hills Drive, as a shareholder of the law firm of Konopa, Reagan & Kenyon and as a member of SBL Building Company, made the presentation for this Resolution. Mr. Hall stated that they request support of this Resolution waiving conditions precedent that arose as a result of some misunderstandings concerning the timing of the filings. He noted that they have both been long term central business district tenants and wish to remain so. The time frame involved was somewhat exigent and the product of the expiration of some leases. Ms. Kenyon stated that the lease for Konopa, Reagan and Kenyon, at its current location at 221 West Wayne Street, was due to expire at the end of February. They were able to get an extension through the end of April and that dictated the schedule for the architect and renovators. It has created a problem in terms of what they are able to get done in time for them to move to assure that they have office space available on May 1 st. -14- REGULAR MEETING A Public Hearing was held on the Resolution at this time. APRIL 22, 2002 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 Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3088 -02 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 212 E. LA SALLE STREET, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR SBL BUILDING CO., 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 212 E. LaSalle Street, South Bend, Indiana, and which is more particularly described as follows: Lots Numbered Four (4) through Six (6), inclusive as shown on the Original Plat of the Town of Lowell, now a part of the City of South Bend, EXCEPTING THEREFROM a lot or parcel of land 16 rods in length taken off of and from the entire width of the East ends of said lots. ALSO, Lots Numbered Two (2) through Four (4), inclusive as shown on the recorded Plat of Esther Miller's Subdivision of a part of Lots 4, 5, and 6 in the Original plat of the Town of Lowell, now a part of the City of South Bend. and which has Key Number 18 -5003 -0041, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et. sea.,and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the 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 seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the 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. seq.• for tax abatement. -15- REGULAR MEETING APRIL 22, 2002 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 of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the 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 six (6) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Karen White Member of the Common Council -16- REGULAR MEETING APRIL 22, 2002 Councilmember King reported that the Community and Economic Development Committee held a Public Hearing on this bill this afternoon and voted unanimously to send it to the full Council with a favorable recommendation. Mr. Thomas J. Hall, 1323 Fairfax Drive, 340 Columbia Place, South Bend, Indiana, as a partner of the law firm of Tuesley & Hall and manager of SBL, made the presentation for this Resolution. Mr. Hall requested the Council's favorable consideration. He noted that they are converting the former South Bend Orthopedics building from a single user medical facility to a multiple tenant professional office building with the renovation costs in the range of seven hundred thousand dollars ($700,000.00) which involves a significant increase in the occupancy costs of both firms. 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 Coleman made a motion to adopt this Resolution. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3089 -02 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 1902 WEST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: AJW SOUTH BEND REALTY CORP. 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 1902 West Sample Street, South Bend, Indiana, and which is more particularly described as follows: That Part of the Northeast Quarter of Section 15, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at a Point which is S. 000- 05'51" E. (All Bearings Assumed), 50.00 ft. more or less and S. 89 °- 52' -12" E., 1,076.95 ft. more or less from the North Quarter Post of Said Section 15; thence continuing S. 00°- 05'- 51 "E., 395.00 ft. more or less; thence S. 89 °- 56' -51" W., 492.00 ft. more or less; thence N. 51 °- 31' -38" W., 141.28 ft. more or less to the Proposed Southerly Line of Sample Street; thence along said Proposed Line, S. 37 °- 45' -40" W., 697.66 ft. more or less to the Proposed Easterly Line of Olive Street; thence along said East Line, S. 000- 08' -02" W., 1106.17 ft. more or Less; thence N. 89°- 54' -19" E., 557.45 ft. more or less; thence N. 79 °- 32' -32" E., 592.72 ft. more or less; thence N. 000- 07' -40" W., 370.29 ft. more or less; thence N. 890- 54' -19" E., 922.75 ft. more or less; thence N. 00 °- 01'-16" W., 1482.61 ft. more or less to the Proposed South Line of Sample Street; thence N. 89'-52'-12"W. along said Proposed South Line, 1029.96 ft. to the Point of Beginning. Containing 70.95 acres more or less. -17- REGULAR MEETING APRIL 22, 2002 and which has Key Number 18- 80752841, 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. se . 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. se g., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the 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. seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as REGULAR MEETING APRIL 22, 2002 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 five (5) calendar years from the date of the adoption of this Resolution by the Common Council. The Common Council pursuant to section 2 -84 of the South Bend Municipal Code finds the five (5) year designation is appropriate and rational period for this abatement in light of the following: The project far exceeds the minimum requirement of 100,000 sft. for tax abatement eligibility. B. The project has an enormous cost associated with it of over $46 million, including land, building and equipment. C. The project site is located in an area which otherwise would not see normal growth or development, and the project is expected to be a catalyst for future development in the area. D. The project will result in a significant number of new jobs, the total number of which is projected to reach 874 by the time the project is completed. E. The project is supported by and is receiving financial assistance from the Indiana Department of Commerce, the City of South Bend, and the Urban Enterprise Association. - F. The project site falls within all of the designated areas including, the Tax Abatement Impact Area, the Economic Development Target Area, the Sample -Ewing Development Area and the Urban Enterprise Zone. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen White Member of the Common Council Councilmember King reported that the Community and Economic Development Committee held a Public Hearing on this bill this afternoon and voted unanimously to send it to the full Council with a favorable recommendation. Mr. Lou Julian, Director of Communication Services for TJX Companies, no address given, representing AJ Wright, made the presentation for this Resolution. Mr. Julian noted that he represents AJ Wright stores and distribution centers and requests favorable action. A Public Hearing was held on the Resolution at this time. -19- REGULAR MEETING APRIL 22, 2002 Mr. Patrick McMahon, Executive Director, Project Future, 401 East Colfax Avenue, South Bend, Indiana, spoke in favor of this project and congratulated the City Council and the City of South Bend on what is a huge redevelopment of a massive area in the Studebaker Corridor and the Urban Enterprise Zone. He noted that this project will have tremendous benefits for the neighborhood and the community as a whole. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Pfeifer thanked Mr. McMahon. She noted that many times individuals think that Project Future only brings businesses to the outskirts and she thanked him for bringing this project to the inter City. Therefore, Councilmember Pfeifer made a motion to adopt this Resolution. Councilmember Coleman seconded the motion. Councilmember Varner commented that the importance of this project is not the tax abatement granted but the fact that over the next ten (10) years there will be $2.5 million dollars in property taxes paid on a piece of land that is essentially producing much smaller amounts at this point in time. Councilmember Varner stated that the City is always looking for development like this and if the petitioner has the opportunity to spread the good word it would be appreciated. The motion carried by a roll call vote of eight (8) ayes. RESOLUTION NO. 3090 -02 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 237 NORTH MICHIGAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR LASALLE PROPERTY MANAGEMENT CO., 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 237 N. Michigan Street, South Bend, Indiana, and which is more particularly described as follows: All of Lots Numbered One (1), Two (2); also, Lot Numbered Three (3) all as shown on the Original Plat of the Town, now City of South Bend EXCEPTING THEREFROM the following described real estate: commencing at a point 7 feet South of the Southeast corner of Lot Numbered Three (3); thence North 39.55 feet to a point on the East line of said Lot Numbered Three (3); thence West 172.88 feet, more or less, to the center line of a 14 foot public alley; thence South along the center line of said alley, 39.3 feet, more or less, to the center line of a public alley; thence East along the center line of said public alley to the point of beginning. and which has Key Numbers 18- 1002 -0041 and 18- 1002 -0042, 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. se . and; -20- REGULAR MEETING APRIL 22, 2002 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. se q., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the 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. sea •, for tax abatement, and qualified under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seci., 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 of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the 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. -21- REGULAR MEETING APRIL 22, 2002 SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Karen White Member of the Common Council Councilmember King reported that the Community and Economic Development Committee conducted a Public Hearing this afternoon on this bill and voted unanimously to send this bill to the full Council with a favorable recommendation. Mr. Joe Grabill, Member, LaSalle Property Management Company, LLC, 807 East Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Grabill advised that he is present along with Mr. Christopher Kirby also a member of LaSalle Property Management Company LLC. He noted that they are proposing to redevelop the existing site presently known as the LaSalle Hotel into a mixed use retail, commercial and residential use and look for the Council's favorable consideration. 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 Coleman 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 eight (8) ayes. RESOLUTION NO. 3091 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO ESTABLISH THE EFFECTIVE DATE OF THE VACATION OF PUBLIC REAL PROPERTY, LOCATED ON A PORTION OF GREENLAWN AVENUE, PURSUANT TO ORDINANCE #9205 -01 WHEREAS, on March 26, 2001, the South Bend Common Council passed substituted and amended Ordinance #9205 -01 which at Section V specifically provided the following: This ordinance shall be passed by the Common Council and be in full force and effect, upon a Resolution being filed for Council consideration by the Administration which addresses the progress of the proposed construction related to the redevelopment project. Such Resolution shall further set forth a date certain for the effective date of the vacation of real property addressed in this ordinance, all of which shall be subject to the approval of the Common Council and the Mayor; and -22- [1 1 REGULAR MEETING APRIL 22, 2002 WHEREAS, pursuant to Section V of Ordinance #9205 -01 it is necessary to establish the effective date of the vacation of that public real property described more fully in Ordinance #9205- 01; and WHEREAS, the City Administration has advised the South Bend Common Council that construction of the Additions and Renovation of John Adams High School adjacent to Potawatomi Park in the City of South Bend is proceeding on a timely and steady basis according to construction plans; and WHEREAS, the South Bend Common Council has been advised further that an effective date of June 3, 2002 for vacation of the public real property described in Ordinance #9205 -01 is necessary in order for the project to progress on a timely basis per its construction plans. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend as follows: Section I. The effective date of the vacation of the public real property described more specifically in South Bend Common Council Ordinance #9205 -01 shall be June 3, 2002 pursuant to the terms of Section V of that Ordinance. Section II. Ordinance #9205 -01 shall be deemed fully effective as of June 3, 2002. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen White Member, South Bend Common Council Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Carl Littrell, Room 1316, County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Littrell advised that on March 26, 2001, the Council adopted Ordinance No. 9205 -01 authorizing the vacation of Greenlawn Avenue from Mishawaka Avenue to Wall Street in connection with the development of the new Adams High School campus. At the time of consideration of that ordinance the Council asked that the City administration report back in the future to set a date for making that vacation effective. At that time planning was incomplete for Adams High School and no construction schedule had been set because bids had not been taken. Mr. Littrell noted that he is back today to report that the Adams High School project is well underway and in the coming construction season the land currently occupied by Greenlawn Avenue will be incorporated fully into that campus. The plans are set to construct the features discussed at the public hearing on the vacation resolution a year ago and will be incorporated into the construction plans. Those include a walkway through the park and continuation of a pedestrian signal at the Mishawaka Avenue / Greenlawn intersection. 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 Coleman made a motion to adopt this Resolution. Councilmember King seconded the motion which carried by a roll call vote of six (6) ayes and two (2) nays by Councilmembers Pfeifer and White. -23- REGULAR MEETING APRIL 22, 2002 RESOLUTION NO. 3092 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNTIED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR SECTION 108 LOAN FUNDS WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for Section 108 funds available through the U.S. Department of Housing and Urban Development (HUD). NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit to HUD, the 2001 Section 108 Loan application in the maximum amount of $3,405,000 under Title I of the Housing and Community Development Act of 1974, as amended; and to take all other necessary actions to secure these funds. SECTION II. That for every activity, project, or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Section 108 loan funds received upon approval of this application. SECTION III. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Karen White Member of the Common Council Councilmember King reported that the Community and Economic Development Committee conducted a Public Hearing this afternoon on this bill and voted unanimously to send this bill to the full Council with a favorable recommendation. Ms. Beth Leonard, Department of Community and Economic Development, 12th Floor, County - City Building, South Bend, Indiana, made the presentation for this Resolution. Ms. Leonard advised that this Resolution will allow the Mayor to enter into documents to secure the Section 108 loan that was part of the October 2000 Public Hearing process of which the Council appropriated funds last year. Ms. Leonard apologized and noted that due to an oversight on her part this Resolution was not submitted earlier. 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 Coleman made a motion to adopt this Resolution. Councilmember King seconded the motion which carried by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 26 -02 FIRST READING ON A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 17, ARTICLE SEVEN, SECTION 17 -56 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE SEWER SERVICE FUND AND CHARGES -24- REGULAR MEETING APRIL 22, 2002 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on May 13, 2002. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 27 -02 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF NAPOLEON STREET FROM THE WEST RIGHT OF WAY LINE OF FRANCES STREET WEST TO A POINT FOR A DISTANCE OF 129.71 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S 2ND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman 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 May 13, 2002. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 28 -02 FIRST READING ON A BILL APPROPRIATING $60,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING - PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on May 13, 2002. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on April 16, 2002: BILL NO. 15 -02 A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 103 NORTH ST. LOUIS STREET & 619 EAST WASHINGTON STREET IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on May 13, 2002. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. -25- REGULAR MEETING NEW BUSINESS APRIL 22, 2002 PROPOSED RESCHEDULING-OF MAY 27, 2002 MEETING Councilmember Aranowski noted that in the month of May the second meeting of the Council is scheduled for Monday, May 27th which is Memorial Day. He asked that it be considered that this meeting be rescheduled to Tuesday, May 28th. Council Attorney Kathleen Cekanski - Farrand advised that the availability of the Council Chambers must be checked and therefore suggested that this matter be addressed at the next meeting of the Council. PRIVILEGE OF THE FLOOR REQUEST FOR INFORMATION FROM THE COLLEGE FOOTBALL HALL OF FAME Mr. Jim Cierzniak, 1156 East Victoria Street, South Bend, Indiana, informed the Council that earlier today he submitted to each of them a letter which he has written to Mr. Rick Walls, Director of Operations, National Football Foundation, and would like to read it into the record this evening: 1156 E. Victoria St. South Bend, IN 46614 April 20, 2002 Mr. Rick Walls, Director of Operations National Football Foundation 22 Maple Ave. Morristown, NJ 07960 Dear Mr. Walls: I recently wrote to Bernie Kish, asking him to reveal the salaries of the three top administrators of the College Football Hall of Fame, including himself. I also asked him for the names and titles of the other two officers — and whether either or both had a leased car, courtesy of the CFHF. Mr. Kish answered (4/15/02): "The members of the Hall of Fame Staff, including myself, are employees of the National Football Foundation. The NFF does not release specific salaries of its employees, but general information regarding expenditures for salaries and benefits of the Hall of Fame Staff is provided to the City of South Bend in the Hall's Quarterly Financial Reports." While I understand the answer as it relates to NFF officials at the New Jersey office, it is self - serving and too - clever -by -half when applied to the CFHF. The Hall is heavily subsidized by South Bend taxpayers, to wit, an annual $1.4 million bond payment for the building and exhibits plus over $700,000 (Hotel -Motel tax and Professional Sports Development Fund) in an annual subsidy for the operation of the Hall (That $700,000 represents 45% of all operating revenue for 2001). Given the onerous $2.1 million annual burden of the Hall on South Bend taxpayers, our citizens have a right to know where all that money is being spent - in detail. Certainly the salaries of the leading staff members are not sacrosanct. -26- 1 1 �1 REGULAR MEETING APRIL 22, 2002 I would appreciate your timely answer to my request for the names, titles, and annual salaries of the three top administrators of the CFHF, including Bernie Kish. Also indicate whether either or both of the officers (apart from Mr. Kish) have a leased car, courtesy of the CFHF. Thank you for your attention to my request. An envelope is enclosed for your response. Sincerely, s /Jim Cierzniak cc: Bernie Kish, Mayor Steve Luecke, Common Council members Mr. Cierzniak stated that taxpayers have a right to know these salaries. He also stated that he believes Mr. Walls will send this information to him but in case he does not he will appear before the Council again and ask for their assistance in getting this information. INTRODUCTION OF BOY SCOUT FROM TROOP #325 Council Vice - President White introduced Boy Scout TROOP #325, People of Praise Church. Scout Evan DeClercq informed the Council that he is present because he is working toward a badge on citizenship in the community and one of the requirements is to attend a City Council meeting. Scout DeClercq stated that he was happy to be present and to listen to different debates on laws and bills which he found to be very interesting. CELEBRITY VOLUNTEER OF THE YEAR AWARD TO COUNCILMEMBER PFEIFER Vice - President White announced that this morning the Community Association of Volunteer Coordinators recognized their volunteers and Councilmember Charlotte Pfeifer received the Celebrity Volunteer of the Year Award. Vice President White asked members of the Council to join her in officially congratulating Councilmember Pfeifer on this honor. CHRISTMAS IN APRIL Councilmember Coleman noted that over the weekend several events took place in the City of South Bend including the Christmas in April project which takes place on an annual basis. He thanked all those who participated in this event and especially noted the work of Councilmember Uj dak who has been at the forefront of this effort for the past couple of years. COMMENTS CONCERNING COLLEGE FOOTBALL HALL OF FAME Councilmember Varner advised that during Mr. Cierzniak's comments concerning the College Football Hall of Fame during the Privilege of the Floor portion of this evenings meeting, it was mentioned that quarterly financial reports were provided to the City. Councilmember Varner noted that he was under the impression that these reports were provided monthly and asked that Council Attorney Kathleen Cekanski - Farrand look into this matter. He noted that the original agreement required monthly reports but to the best of his knowledge the subsequent agreement made no reference to quarterly reports thereby anything not addressed specifically in the subsequent agreement would refer to the original agreement for understanding or clarification. He further noted that if that is the case, he believes it is a good idea to return to a monthly report which is much more advisable to let the Council know on a monthly basis the financial status of the Hall of Fame. -27- REGULAR MEETING APRIL 22, 2002 ADJOURNMENT There being no further business to come before the Council, Councilmember Coleman made a motion to adjourn. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes and the meeting was adjourned at 7:55 p.m. ATTEST: A A C,,jx6, ';oretta *J.a, erk go White, Vick-President 1 1