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HomeMy WebLinkAbout03-27-00 Council Meeting MinutesREGULAR MEETING MARCH 27.2000 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, March 27, 2000, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly David Varner Andrew Uj dak Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: Karl King 1St District Vice - President 2nd District President 3`d District 5th District 6th District Chairperson, Committee of the Whole At -Large At -Large At -Large 4th District 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 March 13, 2000 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Coleman made a motion that the minutes of the March 13, 2000 meeting of the Council be accepted and placed on file. Councilmember Kelly 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 7:03 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Aranowski seconded the motion which carried b a voice vote of eight 8 ) ayes. Chairman Uj dak presiding. BILL NO.24 -00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: TUTT STREET FROM THE WEST RIGHT -OF -WAY OF MAIN STREET TO THE EAST RIGHT -OF -WAY OF LAFAYETTE STREET FOR A DISTANCE OF APPROXIMATELY 338.67 FEET AND A WIDTH OF 50 FEET. PART LOCATED IN THE STUDEBAKER CORRIDOR 1ST & 3RD MINOR SUBDIVISIONS AND THE GARST 1ST ADDITION, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA Councilmember Aranowski made a motion to strike this bill from consideration at the request of the petitioner. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING MARCH 27.2000 BILL 26 -00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS DESCRIBED AS BENDIX DRIVE FROM THE SOUTH RIGHT -OF -WAY OF THE FIRST EAST -WEST ALLEY SOUTH OF CALVERT STREET TO THE SOUTH RIGHT- OF-WAY OF DELAWARE STREET FOR A DISTANCE OF APPROXIMATELY 398 FEET AND A WIDTH OF 60 FEET. THE SECOND STREET TO BE VACATED IS DESCRIBED AS DELAWARE STREET FROM THE WEST RIGHT -OF -WAY OF BENDIX DRIVE TO THE EAST RIGHT -OF -WAY OF VACATED KALEY STREET FOR A DISTANCE OF 250 FEET AND A WIDTH OF 60 FEET. BOTH STREETS ARE LOCATED IN THE RICHLAND 2ND ADDITION, CITY OF SOUTH BEND, SAINT JOSEPH COUNTY, INDIANA 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. He additionally advised that the Council has received a favorable recommendation from the Board of Public Works concerning this petition. Mr. Wayne Blad, 24055 State Road 23, South Bend, Indiana, made the presentation for this bill. Mr. Blad informed the Council that this piece of property has been farmed since the early 1900's as they were not aware that it was public right -of -way. He noted that this land is out in the middle of a muck field. 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 White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 29-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF MCPHERSON STREET FROM THE NORTH RIGHT - OF -WAY OF WESTERN AVENUE TO THE SOUTH RIGHT -OF -WAY OF THE FIRST EAST /WEST ALLEY NORTH OF WESTERN AVENUE FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE WILLETT'S SUB. OF BANK OUTLOT 89, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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. He additionally advised that the Council has received a favorable recommendation from the Board of Public Works concerning this petition. Ms. Dea Andrews, 223 North Scott Street, South Bend, Indiana, representing South Bend Heritage Foundation, 914 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Ms. Andrews informed the Council that South Bend Heritage Foundation has been working with the Pentecostal Church of God in Christ and the Elks LaSalle Landing Lodge to construct a parking lot between the two (2) buildings in the 1000 block of Western Avenue. It is their intention to develop a lot that both businesses can use. She noted that South Bend Heritage will be deeding over two (2) parcels of property to the church and two (2) parcels of property to the lodge. Ms. Andrews noted r 1 1 REGULAR MEETING MARCH 27.2000 that the parking lot will be paved, lighted and landscaped. It is their belief that this action is in keeping with the corridor plan for the area. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Eleanor Chism, 1807 Pershing, South Bend, Indiana, advised the Council that she is in favor of the construction of the parking lot. There was no one present wishing to address the Council in opposition to this petition. Councilmember White informed members of the Council that she is a member of the Pentecostal Church of God in Christ but will not receive any financial benefits from this action. She stated that she supports the petition. Therefore, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 30-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE NORTH SIDE OF MAPLE ROAD LOCATED BETWEEN PORTAGE ROAD ON THE EAST AND SANDWOOD DRIVE ON THE WEST, SOUTH BEND, INDIANA 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. He additionally reported that the Council has received a favorable recommendation from the Board of Public Works concerning this petition. Mr. Mike Danch, President, Danch, Hamer & Associates, Inc., 3231 Sugar Maple Court, South Bend, Indiana, made the presentation for this petition on behalf of the petitioners, Meadow Wood II Partnership. Mr. Danch explained that this petition requests the vacation of a twenty (20) foot portion of Maple Road between Portage Road on the east and Sandwood Drive on the west. This is in conjunction with a new phase of Field Pointe Subdivision Phase III which will add an additional eight (8) lots for single family housing. This vacation will leave Maple Road with a sixty (60) foot width for use as a connector street. He noted that this subdivision was originally in the County but was brought into the City. 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 N0.27 -00 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE LOCATED AT 501 WEST COLFAX, COMMONLY KNOWN AS THE REMEDY BUILDING, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly made a motion to continue this bill until the April 24, 2000 meeting of the REGULAR MEETING MARCH 27, 2000 Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: 2AT C�i Lo ret J. a, C' y Clerk rew Ujd Chairperson Committee o Xhe 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 7:16 p.m. Council President Charlotte Pfeifer presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9101 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS DESCRIBED AS BENDIX DRIVE FROM THE SOUTH RIGHT -OF -WAY OF THE FIRST EAST - WEST ALLEY SOUTH OF CALVERT STREET TO THE SOUTH RIGHT -OF -WAY OF DELAWARE STREET FOR A DISTANCE OF APPROXIMATELY 398 FEET AND A WIDTH OF 60 FEET. THE SECOND STREET TO BE VACATED IS DESCRIBED AS DELAWARE STREET FROM THE WEST RIGHT -OF -WAY OF BENDIX DRIVE TO THE EAST RIGHT -OF -WAY OF VACATED KALEY STREET FOR A DISTANCE OF 250 FEET AND A WIDTH OF 60 FEET. BOTH STREETS ARE LOCATED IN THE RICHLAND 2ND ADDITION, CITY OF SOUTH BEND, SAINT 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. 9102 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF MCPHERSON STREET FROM THE NORTH RIGHT -OF -WAY OF WESTERN AVENUE TO THE SOUTH RIGHT -OF -WAY OF THE FIRST EAST /WEST ALLEY NORTH OF WESTERN AVENUE FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE WILLETT'S SUB. OF BANK OUTLOT 89, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Aranowski made a motion to pass this bill. IJ� 1 1 REGULAR MEETING MARCH 27, 2000 Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9103 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE NORTH SIDE OF MAPLE ROAD LOCATED BETWEEN PORTAGE ROAD ON THE EAST AND SANDWOOD DRIVE ON THE WEST, SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS: RESOLUTION NO. 2851 -00 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 4104, 4110, 4116, 4122, 4121 (OR 1511 JODY COURT) AMANDA LANE; 1517,1523,1529,1603 ,1609,1618,1612,1608,1602,1522, 1516, 1510 (OR 4111 AMANDA LANE) JODY COURT; AND 1511 (OR 4103 AMANDA LANE), 1517, 1523 DARDEN ROAD AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PLACE REALTY, INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 4104, 4110, 4116, 4122, 4121 (or 1511 Jody Court) Amanda Lane; 1517, 1523, 1529, 1603, 1609, 1618, 1612, 1608, 1602, 1522, 1516, 1510 (or 4111 Amanda Lane) Jody Court; and 1511 (or 4103 Amanda Lane), 1517, 1523 Darden Road, South Bend, Indiana, and which is more particularly described as follows: Street 4104 Amanda Lane 4110 Amanda Lane 4116 Amanda Lane 4122 Amanda Lane 4121 Amanda Lane (or 1511 Jody Court) 1517 Jody Court 1523 Jody Court 1529 Jody Court 1603 Jody Court 1609 Jody Court 1618 Jody Court 1612 Jody Court 1608 Jody Court 1602 Jody Court 1522 Jody Court 1516 Jody Court 1510 Jody Court (or 4111 Amanda Lane) 1511 Darden Road Legal Description Lot 1, Darden Crossing Lot 2, Darden Crossing Lot 3, Darden Crossing Lot 4, Darden Crossing Lot 5, Darden Crossing Lot 6, DardenCrossing Lot 7, Darden Crossing Lot 8, Darden Crossing Lot 9, Darden Crossing Lot 10, Darden Crossing Lot 11, Darden Crossing Lot 12, Darden Crossing Lot 13, Darden Crossing Lot 14, Darden Crossing Lot 15, Darden Crossing Lot 16, Darden Crossing Lot 17, Darden Crossing Lot 18, Darden Crossing Key Number 25- 1001 - 000605 25- 1001 - 000606 25- 1001 - 000607 25- 1001 - 000608 25- 1001 - 000609 25- 1001 - 000610 25- 1001 - 000611 25- 1001 - 000612 25- 1001 - 000613 25- 1001 - 000614 25- 1001 - 000615 25- 1001 - 000616 25 -1001- 000617 25- 1001 - 000618 25- 1001 - 000619 25- 1001 - 000620 25- 1001 - 000621 25- 1001 - 000622 REGULAR MEETING MARCH 27.2000 (or 4103 Amanda Lane) 1517 Darden Road Lot 19, Darden Crossing 25- 1001- 000623 1523 Darden Road Lot 20, Darden Crossing 25- 1001 - 000624 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et_ seg., 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 seg., and South Bend Municipal Code Sections 2 -76, et se' 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. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: 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 to 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 to 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 REGULAR MEETING MARCH 27, 2000 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 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 be 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 /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Bernie Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, representing Place Realty, Inc., 2133 Foxboro Court, Mishawaka, Indiana, made the presentation for this petition. Mr. Feeney informed the Council that this tax abatement is requested for property located at the northeast corner of Lilac and Darden Roads. It represents twenty (20) lots which will be offered for sale by Place Realty. He noted that investments have already been made in infrastructure such as streets, sanitary, and storm and drainage which will be turned over to the City. Sewer and water already exist at the site. Mr. Feeney advised that the twenty (20) homes represent an investment of $2.5 million dollars and it is anticipated that these properties will generate $7,300.00 dollars a year in taxes. The property is currently unimproved and generates only one dollar ($1.00) a year in taxes at the present time. Mr. Feeney further advised that there has been no activity in this vicinity since the Cross Creek subdivision with the exception of Sandpiper Cove condominiums. In conclusion, Mr. Feeney informed the Council that Mr. Andy Place was present to answer any questions the Council may have. REGULAR MEETING MARCH 27, 2000 For the record, Counciltember Kelley pointed out that some parcels have a choice of addresses, as noted in the Resolution, because they are comer lots and the addresses will be determined by the property owner depending on the direction the house is built. 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 Kelly 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. 2852 -00 ARESOLUTION CONhIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 702 S. CARROLL STREET & 722 S. CARROLL STREET, SOUTH BEND, INDIANA, TO BEAN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CURTIS PRODUCTS, 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 702 S. Carroll Street and 722 S. Carroll Street, South Bend, Indiana, and which is more particularly described as follows: Lot A Monroe Sample Replat Lot B Monroe Sample Replat Lot G Monroe Sample Replat Lot E Monroe Sample Replat Lot F Monroe Sample Replat and which has Key Numbers 18 -3025 -0910, 18 -3025 -0912, 18- 3021 -0793, 18- 3024 - 090101, 18- 35104- 03004, 18- 3092 -3513, 18- 3025- 090401, 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 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 REGULAR MEETING MARCH 27, 2000 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 /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Jeff McGowan, Kruggel Lawton & Company, 210 South Michigan Street, Suite 200, South Bend, Indiana, made the presentation for this Resolution on behalf of the petitioner. Mr. McGowan noted that this tax abatement is for approximately three hundred ten thousand dollars ($310,000.00) of capital improvements. A tube bending machine and a tube finishing machine will be purchased which will bring Curtis Products, Inc., to a state of the arts level and which will replace machines that have become obsolete. Mr. McGowan also noted that the project will create nine (9) new permanent full time positions for a new annual payroll of one hundred seventy -seven thousand eight hundred forty dollars ($177,840.00) and will maintain two hundred twenty -six (226) existing permanent full time positions with four (4) of those maintained specifically related to the Hautau finishing machine for an annual payroll of four million two hundred twenty -four thousand dollars ($4,224,000.00). 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTIONNO. 2853 -00 ARESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5550 CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR USF HOLLAND, 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 5550 Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A part of the Northwest quarter of Section 20, Township 38 North, range 2 East, German Township, St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of said quarter section; thence S 00'48'35" E. along the East line of said quarter section 1773.14 feet (1758.34 feet deed): thence S 89'34'08" W, 30.00 feet (S 89'11'25" W Deed) to a point on the West right -of- way line of Mayflower road and the point of beginning of this description; thence S 89'32'43" W, 564.69 feet meas. (West 594.00 feet deed) along the right -of -way of the Indiana Toll Road; thence S REGULAR MEETING MARCH 27, 2000 00'11'18" E, 206.53 feet nneas. (South, 206.63 feet deed) along the Indiana Toll Road right-of-way; thence S 89'38'41" W, 1361.44 feet ineas. (West, 1361.3 feet deed) along the Indiana Toll Road right -of- way; thence N 00'43'34" W, 893.34 feet meas. (North, 875 feet deed); thence N 89'33'38" E, 257.96 feet meas. (251.84 feet deed) to the Southerly right -of -way of Cleveland Road by -pass; thence around a 1532.05 foot (1532.39 foot deed) radius curve to the left an arc distance of 528.07 feet (507.71 feet deed) to the end of a chord which bears S 6741'32" E, (S 68'04'30" E deed) having a distance of 525.46 feet (505.39 feet deed) S 77'34'00" E, 1144.87 feet deed S 39'09'52" E, 115.08 feet meas. (116.17 feet deed) to the West right -of -way line of Mayflower Road; thence S 00'48'35" E. 140.60 feet meas. (125.32 feet deed) the point of beginning. Containing 26.312 acres more or less subject to all legal highways, easements and restrictions of record. and which has Key Number 25- 1018 -0618, 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 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 (insert number of years () 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 /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. John Noppenberg, General Manager, 11720 Anderson Road, Granger, Indiana, made the presentation for this Resolution. Mr. Noppenberg informed the Council that the company came to the community in 1972 and employed six (6) individuals. In 1975 they moved and expanded to thirty (30) employees. In 1989 they moved to their Cleveland Road location and employed between sixty (60) and eighty (80) employees. Today, they employ three hundred (300) employees. In conclusion, Mr. Noppenberg informed the Council that he has many more facts about the company that he will share with the Council if they like. r1 REGULAR MEETING MARCH 27.2000 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. 2854 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADDRESSING THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS FOR COLBERT PACKAGING CORPORATION LOCATED AT 3260 WEST MCGILL STREET, SOUTH BEND, INDIANA WHEREAS, the City of South Bend, Indiana (the "Issuer "), is authorized by IC 36 -7 -11.9 and 12 (collectively, the "Act ") to issue revenue bonds for the financing of economic development facilities, the funds from said financing to be used for the acquisition, construction and equipping of said facilities, and said facilities to be either sold or leased to a company or directly owned by a company; and WHEREAS, Colbert Packaging Corporation, an Indiana Corporation, on behalf of itself and/or a to be formed Indiana limited partnership (collectively, the "Applicant "), has advised the Issuer that it proposes that the Issuer lend proceeds of an economic development financing to the Applicant for the acquisition, construction and equipping of a manufacturing facility to be used for the manufacturing of set -up boxes and Valentine heart- shaped boxes, to be located at 3260 West McGill Street, in the City of South Bend, Indiana (the "Project "); and WHEREAS, the diversification of industry and retention of opportunities for gainful employment (approximately 75 retained jobs) to be achieved by the acquisition, construction and equipping of the Project will be of public benefit to the health, safety and general welfare of the Issuer and its citizens; and WHEREAS, it would appear that the financing of the Project would be of public benefit to the health, safety and general welfare of the Issuer and its citizens; and WHEREAS, it is tentatively found that the acquisition, construction and equipping of the Project will not have an adverse competitive effect on any similar facility already constructed or operating in South Bend, Indiana; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, as follows: 1. The Common Council of the City of South Bend finds, determines, ratifies and confirms that the promotion of diversification of economic development and retention of opportunities for gainful employment in and near South Bend, Indiana, is desirable to preserve the health, safety and general welfare of the citizens of the issuer; and that it is in the public interest that the Commission and the Issuer take such action as they lawfully may to encourage economic development, diversification of industry and promotion of job opportunities in and near the Issuer. 2. The Common Council of the City of South Bend approves, determines, ratifies and confirms that the issuance and sale of economic development revenue bonds in an amount not to exceed $1,600,000 of the Issuer under the Act for the lending of the proceeds of the revenue bonds to the Applicant, for the acquisition, construction and equipping of the Project will serve the public purposes referred to above, in accordance with the Act. 3. In order to induce the Applicant to proceed with the acquisition, construction and equipping of the Project, the Common Council of the City of South Bend hereby approves, REGULAR MEETING MARCH 27, 2000 determines, ratifies and confirms that (I) it will take or cause to be taken such actions pursuant to the Act as may be required to implement the aforesaid financing, or as it may deem appropriate in pursuance thereof; and (ii) it will adopt such ordinances and resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be necessary and advisable for the authorization, issuance and sale of said economic development revenue bonds; and that the aforementioned purposes comply with the provisions of the Act; and (iii) it will use its best efforts at the request of Applicant to authorize the issuance of additional bonds for refunding and refinancing the outstanding principal amount of the bonds, for completion of the Project and for additions to the Project, including the costs of issuance (providing that the financing of such addition or additions to the Project is found to have apublic purpose (as defined in I.C. 36- 7 -12 -1) at the time of authorization of such additional bonds), and that the aforementioned purposes comply with the provisions of the Act; provided that all of the foregoing shall be mutually acceptable to the Issuer and the Applicant. 4. All costs of the Project incurred after the date which is 60 days prior to the date of adoption of this inducement resolution, including reimbursement or repayment to the Applicant of monies expended by the Applicant for planning, engineering, a portion of the interest paid during construction and equipping underwriting expenses, attorney and bond counsel fees, acquisition, construction and equipping of the Project will be permitted to be included as part of the bond issue to finance the Project, and the Issuer will lend the proceeds from the sale of the bonds to the Applicant for the same purposes. Also, certain indirect expenses, including but not limited to, planning, architectural work and engineering incurred prior to this inducement resolution will be permitted to be included as part of the bond issue to finance the Project. 5. This resolution shall constitute "official action" for purposes of compliance with federal and state laws requiring governmental action as authorization for future reimbursement from the proceeds of bonds. 6. This resolution shall be in full force and effect from and after its adoption by the common Council and approval of the Mayor. CITY OF SOUTH BEND, INDIANA s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Kenneth P. Fedder, Attorney at Law, Allen, Fedder, Herendeen & Kowals, 205 West Jefferson Boulevard, Suite 606, South Bend, Indiana, advised the Council that he is general counsel for the South Bend Economic Development Commission and he will be making the presentation for this Resolution. Mr. Fedder noted that the Commission has undertaken and accepted an application from Colbert Packaging Corporation who presently operate a facility on Sample Street. Their lease has expired and they now seek the issuance of industrial revenue bonds in the amount of $1.8 million dollars for the purchase of a new facility at 3260 West McGill Street. Mr. Fedder noted that Colbert Packaging is a company that was founded in 1959. They employ seventy -five (75) people in our community and they desire to stay here and retain those jobs. They have an estimated payroll of one and one- half million dollars ($1,500,000.00). Mr. Fedder noted that it is their belief that the bonds will be pre - purchased and if not put on the public market. He further noted that presented today is an Inducement Resolution the purpose of which is to permit the corporate client to make expenditures as the project goes forward looking towards an eventual funding ordinance. With the passage of this Resolution they can reimburse themselves from the bonds without destroying their tax exempt status. In conclusion, Mr. Fedder requested the Council's favorable consideration. A Public Hearing was held on the Resolution at this time. REGULAR MEETING MARCH 27, 2000 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. BILLS - FIRST READING BILL NO. 31 -00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF CALIFORNIA BETWEEN ALLEN ST. AND SHERMAN AVE., THE FIRST EAST /WEST ALLEY SOUTH OF VANBUREN ST. BETWEEN ALLEN ST. AND THE FIRST NORTH/SOUTH ALLEY EAST OF HARRISON AVE., AND THE FIRST EAST /WEST ALLEY SOUTH OF LINDSEY ST. BETWEEN HARRISON AVE. AND THE FIRST NORTH/SOUTH ALLEY EAST OF HARRISON AVE. 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 April 10, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 32 -00 FIRST READING ON A BILL OF VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LINCOLNWAY WEST BETWEEN COTTAGE GROVE AVE. AND THE FIRST NORTH/SOUTH ALLEY EAST OF COTTAGE GROVE AVE., THE FIRST EAST/WEST ALLEY SOUTH OF LINDSEY BETWEEN THE FIRST NORTH/SOUTH ALLEY WEST OF SCOTT ST. AND SCOTT ST., THE FIRST AND THIRD EAST /WEST ALLEYS SOUTH OF LINDSEY ST. BETWEEN SCOTT ST. AND THE FIRST NORTH/SOUTH ALLEY EAST OF SCOTT ST., AND THE FIRST EAST /WEST ALLEY SOUTH OF LINDSEY ST. BETWEEN LELAND AVE. AND THE FIRST NORTH /SOUTH ALLEY EAST OF LELAND AVE. 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 April 10, 2000. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL N0.33 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND PROVIDE UTILITY SERVICES TO AN AREA WITHIN THE MUNICIPAL CITY LIMITS KNOWN AS LOTS 11 THROUGH 23 OF HARTMAN TERRACE SUBDIVISION, LOCATED ON REASOR STREET, CENTRE TOWNSHIP, SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on May 8, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING MARCH 27.2000 UNFINISHED BUSINESS There was no unfinished business to come before the Council. NEW BUSINESS: COUNCIL PRESIDENT PFEIFER URGES CITIZENS TO COMPLETE CENSUS FORMS Council President Pfeifer urged citizens to please complete the Census forms when they receive them. For every person not completing the form this community loses three thousand six hundred dollars ($3,600.00) over the ten (10) year period. She noted that this community could lose a U.S. Representative. PRIVILEGE OF THE FLOOR 1. COMMENTS BY PRESIDENT OF LOCAL 362 - FIREFIGHTERS ASSOCIATION Mr. Leon Stein, President, Local #362, Firefighters Association, 1122 South Main Street, South Bend, Indiana thanked Councilmember Ujdak for giving him an opportunity to make a presentation this afternoon on the GIS study. He noted that he hopes this information will be used well and hopes that they can work to solve some of the problems the City does have. 2 COMMENTS BY VICE - PRESIDENT OF LOCAL 362 - FIREFIGHTERS ASSOCIATION Mr. Fred Jaronik, Vice President of Local 362 - Firefighters Association informed the Council that the firefighters have a long term stake in the future of South Bend and the welfare of the emergency system to provide citizens the best possible services they can. He noted that they are interested in the vitality and direction of the political process and that is evidenced by the show of members present at this evenings meeting. Mr. Jaronik asked fellow firefighters who were present to stand to show their attendance. ADJOURNMENT There being no further business to come before the Council, Council President Pfeifer adj ourned the meeting at 7:35 p.m. ATTEST: Q Lore a LJ.DO,City Jerk ATTEST: Charlotte Pfeifer, Presid t 1 r- 1