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HomeMy WebLinkAbout10-11-99 Council Meeting MinutesREGULAR MEETING OCTOBER 11, 1999 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, October 11, 1999, at 7:00 p.m. The meeting was called to order by Council President Sean Coleman and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Rod Sniadecki Sean Coleman John Hosinski Absent: None 1" District 2nd District Chairperson, Committee of the Whole 3rd District 4d' District 5`h District 6`h District At -Large At -Large President At -Large Vice - President 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 September 27, 1999 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Sean Coleman s/David Varner Councilmember Kelly made a motion that the minutes of the September 27, 1999 meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:04 p.m. Councilmember Hosinski made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Pfeifer presiding. BILL NO. 86 -99 (FORMERLY 59 -99) A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEARS 2000, 2001, 2002, AND 2003 Councilmember Pfeifer announced that due to a scriveners error, the number for this bill should be Bill No. 86 -99 and not 59 -99. Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation by a vote of 2 -1. Council President Sean Coleman made the presentation for this bill. REGULAR MEETING OCTOBER 11, 1999 President Coleman advised that this bill sets the salaries for future Councilmembers for the next four (4) years. This process allows the Council to set salaries not for themselves but for people who will occupy those positions in the future. The bill sets salaries below other increases that were given to non -union employees of the City so there will continue to be a reasonable distance between what a Councilmember receives compared to full time employees of the City. Council President Coleman noted that the Council established a precedent four (4) years ago in this regard and it is his hope that this will be a policy the Council will continue. 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, Councilmothber Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilnember Hosinski seconded the motion which carried. BILL NO. 75 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 2000 Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. City Clerk Loretta J. Duda, Room 455, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Duda stated that this ordinance reflects a 3.5% increase in salaries for the Mayor and the City Clerk which is consistent with the salary increase given to non - bargaining employees of the City. She noted that this salary ordinance is for one (1) year with the intention to review the salaries year by year. Should non - bargaining employees receive less than a 3.5% per cent in future years so would the Clerk. Mrs. Duda noted that the salary for the Mayor for 2000 is severity-five thousand one hundred twenty -three dollars ($75,123.00) and forty thousand six hundred ninety -five dollars ($40,695.00) for the City Clerk. 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, Courcilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Council President Coleman seconded the motion which carried. BILL NO. 48 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1710 EDISON ROAD, IN THE CITY OF SOUTH BEND, INDIANA Counclihember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is re u9iing a zone change from "O" Office to "O" Office to allow an office. He noted that access to the site is from Edison Road. the total site to be rezoned is eighteen thousand three hundred fifty -eight (18,358) square feet or twenty -six per cent (26 %) of the site, the parking and drives will occupy thirty -seven per cent (37 %) of the site and thirty -seven per cent (37 %) of the site will remain as open space. Mr. Byorni further noted that at the time this Petition was reviewed, variances from front and 1 1 I- REGULAR MEETING OCTOBER 11, 1999 rear yard setbacks would be required. However, at this time, those variances have been addressed and the front set back variance was approved and the rear setback denied. The site plan reflects those revisions. This site was zoned to "O" office in 1997 for a smaller building with less parking. The City Engineer commented that the rear doors and stoops may not encroach within the sewer easement and the exit drive must be right turns only. Mr. Byorni noted that the revised site plan reflects a revised lay out of the building which does meet the required rear set back requirements and it does not show any rear encroachments. Mr. Byorni informed the Council that based on information available prior to their public hearing, the Area Plan staff recommended that this petition be sent to the Council with an unfavorable recommendation. The current approved final site plan for this lot shows a smaller office building with eleven (11) parking spaces. This rezoning would result in the overutilization of this site in a manner that is neither beneficial to the adjacent neighborhood nor good precedent for future development. Additionally, the Area Plan Commission at its Public Hearing held on August 17, 1999, sents this bill to the Council with an unfavorable recommendation. Mr. Donald Shaum, Jr., Mid - States Construction, 53697 CR 9 North, Elkhart, Indiana, made the presentation for this bill on behalf of the property owner Tiberius Mihalache, 117 South Main Street, Mishawaka, Indiana. Mr. Shaum noted that in working with the neighbors they have worked out the new site plan. They have eliminated the rear door problem and have changed the landscaping. The intention of the rezoning is to transition the neighborhood from commercial and residential so they intend to construct a type of building that will blend in with that environment. 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 Hosinski made a motion for favorable recommendation to full Council concerning this bill subject to the Final Site Plan reflecting an agreement for landscaping between the developer and the immediate adjacent neighbor. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 61 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 515 N. CUSHING STREET IN SOUTH BEND, INDIANA Council President Coleman made a motion that this bill be continued until the October 25, 1999, meeting of the Council at the request of the petitioner. Councilmember Hosinski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 62 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 614, 618, 702, 706 S. PHILLIPA STREET IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly made a motion to accept the substitute version of this bill. Councilmember Hosinski seconded the motion which carried by a voice vote of nine (9) ayes.. Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with an unanimous favorable recommendation as substituted. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, REGULAR MEETING OCTOBER 11, 1999 South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the'petitioner is requesting a zone change from "C" Commercial, "D" Height and Area to "A -1" Residential, "D" Height & Area to allow one and two family homes. Mr. Byorni further advised that the property currently contains single family homes and a commercial building converted for residential use. Access. to the site is from Phillipa Street and the total site to be rezoned is twenty thousand four hundred (20,400) square feet. Further, based on information available prior to the Area Plan Commission public hearing, the staff recommends that this petition be sent to the Council with a favorable recommendation. Although the staff would not normally recommend zoning single family homes to "A -1 ", the surrounding area is zoned for multi - family use and the commercial building will be used as a duplex. The proposed zoning is less intensive than the existing zoning. Additionally, the Area Plan Commission at its Public Hearing held on September 21, 1999, sends this petition to the Council with a favorable recommendation. Ms. Joan Godmilow, 125 West Marion Street, #527, South Bend, Indiana, made the presentation for this Petition on behalf of property owners Mary and Raymond Ball, 706 S. Phillipa; John & Clara Dlugosz, 614 S. Phillipa and Aloysius and Lorraine Petraszewski, 618 S. Phillipa Street, South Bend, Indiana. Ms. Godmilow stated that the property in question is a two (2) story brick building at 702 South Phillipa Street that once was an' eighbothood store. However, the building has not been used for commercial purpose's for fifteen (15) y "ears. It is her intention to rent the top floor and convert the bottom floor to a loft apartment. The residents next door and across the street are also zoned commercial and it was suggested by the Area Plantomni ssion that they join in this bill to bring all the properties into this rezoning to bring them all into 'the "A -1" Residential zoning. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Th&6 being r o one present wishing to speak to the Council either in favor of or in opposition to this bill, Council member Hosinski made a'niotion for favorable recomimeridation to full Council concerning this bill as substituted.. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 63 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON LOTS 1, 6 AND 7 LOCATED ON THE SOUTH SIDE OF THE 900TH BLOCK OF MADISON STREET IN THE CITY OF SOUTH BEND, INDIANA Councilinerriber Kelly made a motion to accept the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes.. Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with an unanimous favorable 'recommendation as substituted. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. - Byorni advised that the petitioner is requesting a zone change from "B" Residential, "B" Height & Area to "C" Con'ffiercial, "C" Height and Area to allow ari ambulance garage, living quarters and parking. Access to the site is from Madison Street. The property is currently vacant. The total site to be rezoned is nineteen thousand six hundred seven (19,607) square feet of which the buildings will occupy fifteen per cent (156/o) Of the site, parking and drives will occupy fifty -five per cent (55 %) of the site and thirty per cent (30 %) of the site will remain as open space. REGULAR MEETING OCTOBER 11, 1999 Mr. Byorni noted that variances will be required before the final site plan is approved. He noted that variances will be required for the front setback from twenty feet (20) to five feet (5'), from fifty -nine (59) required parking spaces to thirty six (36), off -site parking, from six feet (6) screening on the south line to two and a half feet (25). Additionally, based on information available prior to the Area Plan Commission Public Hearing, the staff recommended that this petition be sent to the Council with a favorable recommendation, subject to a final site plan. This lot is located across from Notre Dame Avenue from the hospital. It is the staff's opinion that this use is part of the overall hospital and is in keeping with the medical and office uses in the area. "C" Commercial zoning is necessary to accommodate this use. Also, the Area Plan Commission at its Public Hearing held on September 21, 1999, sends this petition to the Council with a favorable recommendation. Mr. Terry Russell, The Troyer Group, Inc., 550 Union Street, Mishawaka, Indiana, made the presentation on behalf of the Petitioner Mr. Robert L. Beyer, President and CEO, Saint Joseph's Regional Medical Center, Inc., 801 E. LaSalle, South Bend, Indiana. Mr. Russell stated that the facility in question will be located at Notre Dame, Madison and Frances Streets. It will consist of a two (2) story residential structure with thirty -six (36) parking spaces on two (2) lots. The garage will house two (2) ambulances. There will also be living quarters on the second level for two (2) people, four (4) offices and a conference room. Councilmember Varner inquired of Mr. Byorni if the title of the bill should specifically indicate the address as being "East" Madison Street as indicated in the legal description. After discussion it was decided that it would be best to include the word "East" in the title. Therefore, Councilmember Hosinski made a motion to add the word "East" to the title to reflect that the property is located on the south side of the 900th block of East Madison Street. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. 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 Hosinski made a motion for favorable recommendation to full Council concerning this bill as substituted and amended. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 64 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 202 AND 210 EAST CALVERT IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "A" Residential, "A" Height and Area to `B" Residential, "A" Height & Area to allow an apartment building. The property currently contains a commercial/apartment building. Access to the site is from Calvert and St. Joseph Streets. The total site to be rezoned is twelve thousand eight hundred (12,800) square feet. Of that, the buildings will occupy twenty -four per cent (24 %) of the site, parking and drives will occupy twenty -one per cent (21 %) of the site and fifty -five per cent (55 %) of the site will remain as open space. Mr. Byorni further advised that the City Engineer will require a drainage plan at the final site plan stage and the parking lot may need to be redesigned. This lot is surrounded on all sides by single family zoning. Many neighborhoods like this one were zoned to single family in order to REGULAR MEETING OCTOBER 11. 1.999 encourage conversion to single family use and to protect the character of the area. This rezoning would allow new multi - family developinerit in the area and set a negative precedent for the future of the neighborhood. At its Public Hearing held on September 21, 1999, the Area Plan Commission sent this Petition to the Council with no recommendation. Mr. Chuck Austin, 15285 Valentia Drive, Granger, Indiana, made the presentation for this Petition. Mr. Austin stated that this existing building is single family zoned and was at one time a business on the lower level and apartments on the upper floor. He would like to make the lower level into all apartments. 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 Hosinski made a motion for favorable recommendation to full Council concerning this bill. Councilmenber Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Hosinski made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: Lorett*Ji ty Jerk Charlotte Pfeifer, Chairp on Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Char'iibers on the fourth floor of the County -City Building at 7:28 p.m. Council President Sean - Coleman presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9043 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEARS 2000, 2001, 2002, AND 2003 This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilrrieniber Pfeifer seconded the motion which carried. the bill passed by a roll call vote of five (5) aye votes by Councilinembers Aranowski, Pfeifer, Kelly, King and Coleman with four (44) nay votes by Councilmembers Varner, Ujdak, Hosinski and Sniadecki. ORDINANCE NO. 9044 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 2000 1 1 1 REGULAR MEETING OCTOBER 11, 1999 This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9045 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1710 EDISON ROAD, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9046 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 614, 618, 702, 706 S. PHILLIPA STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Hosinski made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9047 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON LOTS 1, 6 AND 7 LOCATED ON THE SOUTH SIDE OF THE 900TH BLOCK OF EAST MADISON STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Hosinski made a motion to consider the substitute version of this bill as amended. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Kelly made a motion to pass this bill as substituted and amended. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9048 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 202 AND 210 EAST CALVERT IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Hosinski made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 99 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1613 AND 1709 WEST EWING AVENUE, 2002 SOUTH REGULAR MEETING OCTOBER 11-1999 PROSPECT STREET, AND 1801 AND 1805 NORTH ELMER STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES As the petitioner was not present, Councilmember Ujdak made a motion to continue this bill until the October 25, 1999 meeting of the Council. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. NOTE: As Mr Urbanski arrived at the meeting, the motion to continue this Resolution was withdrawn and the matter was considered. This Resolution was considered after all other Resolutions on the agenda and is now referred to as Resolution No. 2803 -99. RESOLUTION NO. 2195 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND', INDIANA, COMMONLY KNOWN AS 3102 WEST SAMPLE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MAVERICK PACKAGING, 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 3102 West Sample Street and which is more particularly described as follows: That part of the Northeast quarter of Section 16, T. 37 N., R. 2E., City of South Bend, St. Joseph County, which is described as: From the Northwest Corner of the East half of the Northeast quarter of said Section measure South 90 deg. 00 min. 00 sec. West along the North line of said Section 630 ft. and South 00 deg. 02 min. 31 sec. E., 40.00 ft. and north 90 deg. 00 min., 00 sec. East 300.02 ft. (300.00 ft. Record) and South 00 deg. 04 min. 00 sec. West, 579.33 ft. (S. 00 deg. 01 min. 52 sec. W., 579.125 ft., Record) and north '89 deg. 25 min. 13 sec. East 13.64 ft. (North 89 deg. 59 min. 13 sec. East 13.745 ft., Record) and South 00 deg. 00 min. 38 sec. east 280.27 ft to the Point of Beginning of this description; thence South 89 deg. 55 min. 49 sec. West along the North line of Industrial Ave. (now vacated), 159.99 ft.; thence South 00 deg. '03 min. 24 sec. West 400.60 ft.; thence South 89 deg. 55 min. 41 sec. East along the Northerly line of the New Jersey, Indiana and Illinois Railroad, 289.00 ft., thence North 00 deg. 03 min., 24 sec. East, 363.03 ft. (N.00 deg. 01 min. 48 sec. E. 364.55 ft., Record); thence North 89 deg. 56 min. 24 sec. West, 128.96 ft. (N. 89 deg. 55 min. 00 sec. 128.885 ft., record) thence North 00 deg. 00 min. 38 Sec. West, 36.00 ft. (n. 00 deg. 02 min. 16 sec. W Record) to the Point of Beginning. Containing 2.5472 acres. and which has Key Number 18- 35198- 09194, 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 1 1 1 REGULAR MEETING OCTOBER 11, 1999 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 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 /Sean Coleman Member of the Common Council Mr. Bill McGlone, 4516 Hickory Road, Mishawaka, Indiana, made the presentation for this Resolution. Mr. McGlone informed the Council that Maverick Packaging manufactures and packages hair and body care products for the hotel amenities industry. The tax abatement is requested for new equipment which will help them keep up with demand and which they hope will add more employees to the company. A Public Hearing was held on this Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Therefore, Councilmember Hosinski made a motion to adopt this Resolution. Councilmember Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2796-99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 515 WEST IRELAND ROAD, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, INC./KEYCORP. CAPITAL LEASING /STEEL WAREHOUSE CO., INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and REGULAR MEE`I'1NG OCTOBER 11. 1999 WHEREAS, a beclaratory Resolution designated the area commonly known as 515 West Ireland Road, South Bend, Indiana, and which is more particularly described as follows: A parcel of land located in the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of section Twenty -Six (26), Township Thirty -Seven (37) North, Range Two (02) East of the Second (2nd) Principal Meridian and all being in Center Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the southeast corner of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26); thence South 901- 00' -00" West (Bearing derived from description shown in Title Commitment 9501843 ) as issued by St. Joseph Title Corp.), along the south line of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26) and also being along the centerline of a public road now known as Ireland Road, a distance of 400.00 feet; thence North 01 °- 30' -47" East, parallel with and 400.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of said Section Twenty -Six (26), a distance of 40.01 feet to the Point of Beginning of this description, said point of beginning being on the north right of way line of said Ireland Road and also being the southwest corner of a parcel conveyed to Roger R. Atwell and Eleanor Atwell as described in Quit Claim Deed No. 9416618; thence South 90 °- 00' -00" West, along said north right of way line of Ireland Road and being parallel with and 40.00 feet north of the south line of the Southeast Quafter (S.E. 1/4) of the Northeast Quarter N.E. 1/4) of said Section Twenty -Six (26), a distance of 891.36 feet to a point of the west line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26) and also being the southeast corner of a parcel conveyed to Louanne Osborne as described in Warranty Deed 9326881; thence North 00 °- 58' -55" East, along the west line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26) and also being along the east line of said parcel conveyed to Louanne Osborne and also along the east line of a parcel conveyed to Transit Mix, Inc. as described in Warranty Deed 9018257, a distance of 955.26 feet to a point which is South 00 58' -55" West -- A. 314.00 feet from a stone found at the northwest corner of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twehty -Six (26); thbfide North 89 °- 42' -44" East, along the south line of two (02) parcels conveyed to Miles Laboratories, Inc. as described in Warranty Deed 7903212 and Warranty Deed 8501215, a distance of 1270.41 feet to a point on the west right of way line of a public street now known as Lafayette Street; thence South 01 °- 30'-47" West, along said west right of way line of Lafayette Street and being parallel with and 30.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26), a distance of 602.05 feet to the northeast corner of a parcel conveyed to Arthur Fontonelli and as describ "ed in Warranty Deed 9335926; thence South 900- 00' -00" West, along the north line of said parcel conveyed to Arthur Fontonelli and also being along the north line of a parcel conveyed to Arthur Fontonelli as described in Corporate Warranty Deed 9335926, a distance of 370.00 feet to the northwest cotter of said parcel conveyed to Arthur Fontonelli ; thence South 01 °- 30' -47" West, along the west line of said parcel conveyed to Arthur Fontonelli, a distance of 360.00 feet to the Point of Beginning of this description and containing 24.793 Acres, more or less. and which has Key Number 23 -1013 -0758, 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 C6inmon Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution 1 1 REGULAR MEETING OCTOBER 11, 1999 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 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 /Sean Coleman Member of the Common Council Mr. Philip J. Faccenda, Jr., Barnes & Thornburg, 600 ls` Source Center, 100 North Michigan Street, South Bend, Indiana, made the presentation for this Resolution on behalf of the Petitioners, Lock Joint Tube, Inc.. Mr. Faccenda noted that this is a five (5) year personal property tax abatement for the facility at Ireland Road which manufactures steel tubing for the automobile industry. It is anticipated that they will purchase a new high -speed mill. Mr. Faccenda further noted that it is anticipated that two (2) to five (5) new employees will be added for an estimated payroll of forty -one thousand six hundred dollars ($41,600) a year to one hundred twenty -four thousand eight hundred dollars ($124,800) a year. A Public Hearing was held on this 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 Hosinski made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2797 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A (BILL NO. 99 -99) DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1215 SOUTH WALNUT STREET, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, INC./KEYCORP. CAPITAL LEASING /STEEL WAREHOUSE CO., INC. RESOLUTION NO. 2798 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A (BILL NO. 99 -100) DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1215 SOUTH WALNUT STREET, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., INC. C/O LOCK JOINT TUBE, INC. Councilmember Kelly made a motion to combine Bill Nos. 99 -99 and 99 -100 for purposes of REGULAR MEETING OCTOBER 11, 1999 Public Hearing. Councilnmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 2797 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1215 SOUTH WALNUT STREET, SOUTH FEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, INC./KEI'CORP. CAPITAL LEASING /STEEL WAREHOUSE CO., INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1215 South Walnut Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest 1/4 of Section 14, and the Northeast 1/4 of Section 15, Township 37 North, Range 2 East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 682.75 feet south of the South line of Sample Street, which point is 31 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, Page 428 and Deed record 121, Page 320; thence on an assumed bearing of South 0 °00'49" East along said West line of Walnut Street, 556.95 feet; thence South 89 055'05 "' West, 1200 feet; thence North 0 °00'49" West parallel with said West line of Walnut Street, 589.19 feet to a point 651.75 feet south of the south line of Sample Street or the produced South line of the tract conveyed to F. C. Raff, recorded in Deed Record 172 Page 641; thence South 89 °57'10" East along the South line above described tract produced East, 295 feet; thence South 0 °00'49" East parallel with the West line of Walnut Street, 31 feet; thence North 89 °57 16" East, 905 feet to the place of beginning. and which has Key Number 18- 8021 - 084504, 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 1. The Common Council hereby cor`ifirns 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 g'r'anted 'Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, A"r"ticle 6, of the Municipal Code of C 1 REGULAR MEETING the City of South Bend and Indiana Code 6- 1.1 -12 et sea. OCTOBER 11, 1999 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 /Sean Coleman Member of the Common Council RESOLUTION NO. 2798 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1215 SOUTH WALNUT STREET, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., INC. C/O LOCK JOINT TUBE, 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 1215 South Walnut Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest 1/4 of Section 14, and the Northeast 1/4 of Section 15, Township 37 North, Range 2 East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 682.75 feet south of the South line of Sample Street, which point is 31 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, Page 428 and Deed record 121, Page 320; thence on an assumed bearing of South 0 °00'49" East along said West line of Walnut Street, 556.95 feet; thence South 89 °55'05 "' West, 1200 feet; thence North 0 °00'49" West parallel with said West line of Walnut Street, 589.19 feet to a point 651.75 feet south of the south line of Sample Street or the produced South line of the tract conveyed to F. C. Raff, recorded in Deed Record 172 Page 641; thence South 89 °57'10" East along the South line above described tract produced East, 295 feet; thence South 0 °00'49" East parallel with the West line of Walnut Street, 31 feet; thence North 89 °57'16" East, 905 feet to the place of beginning. and which has Key Number 18- 8021 - 084504, 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 REGULAR MEETING OCTOBER 11, 1999 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. se g. 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 /Sean Coleman Member of the Common Council Mr. Philip J. Faccenda, Jr., Barnes & Thornburg, 600 1St Source Center, 100 North Michigan Street, South Bend, Indiana, made the presentation for these Resolutions on behalf of the Petitioners, Lock Joint Tube, Inc.. Mr. Faccenda noted that this personal property tax abatement is for finishing equipment for manufacturing of steel tubing. The equipment will cost approximately $1.5 to $2.5 million dollars. The real property tax abatement is for the expansion of the facility on Walnut Street by thirty thousand (30,000) square feet at a cost of approximately eight hundred thousand dollars ($800,000.00). It is anticipated that four (4) to seven (7) new jobs will be created for an annual payroll increase of between eighty three thousand dollars ($83,000.00) to one hundred seventy - five thousand ($175,000.00) a year. A Public Hearing was held on these Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Hosinski made a motion to adopt Resolution No. 2797 -99. Councilmember Varner seconded the motion which cai`ried and the Resolution was adopted by a roll call vote of nine (9) ayes. Additionally, Councilmember Hosinski made a motion to adopt Resolution No. 2798 -99. Councilmember" Arariowski seconded the motion Which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2799 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A (BILL NO. 99 -101) DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4401 WEST CLEVELAND ROAD EXTENSION TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ADAPTO- INDIANA, INC. RESOLUTION NO. 2800 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A (BILL NO. 99 -102) DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4401 WEST CLEVELAND ROAD EXTENSION TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR CLEVELAND PARTNERS, L.P. Councilmember Hosinski made a motion to combine Bills Nos. 99 -101 and 99 -102 for purposes f 1 REGULAR MEETING OCTOBER 11, 1999 of Public Hearing. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. -RESOLUTION NO. 2799 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4401 WEST CLEVELAND ROAD EXTENSION TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ADAPTO- INDIANA, 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 4401 West Cleveland Road Extension, South Bend, Indiana, and which is more particularly described as follows: A part of the Northwest Quarter of Section 21, Township 38 North, Range 2 East described as follows: Commencing at an iron pipe marking the North Quarter Section corner of said Section 21; thence West, on the North line of said Section and the centerline of Brick Road, 1322.04 feet; thence South 530 feet; thence West, parallel with the North line of said Section, 138.98 feet; thence South 445 feet, more or less to the place of beginning; thence continuing South 1218 feet more or less to a point on the Northerly right of way line on the new Cleveland Road; thence Westerly along said Northerly right of way 550.29 feet to the Southeast corner of Trans Tech Properties Minor Subdivision, recorded as Document Number 8614287; thence North 795.17 feet to the Northeast corner of said Subdivision; thence West along the North line of said Plat 561.72 feet to the Northwest corner of said Subdivision; thence North 260 feet, more or less; thence East to the place of beginning. and which has Key Number 25 -1013- 020704, 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 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 gt sea• REGULAR MEETING OCTOBER 11. 1999 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 /Sean Coleman Member of the Common Council RESOLUTION NO. 2800 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4401 WEST CLEVELAND ROAD EXTENSION TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR CLEVELAND PARTNERS, L.P. 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 4401 West Cleveland road Extension, South Bend, Indiana, and which is more particularly described as follows: A part of the Northwest Quarter of Section 21, Township 38 North, Range 2 East described as follows: Commencing at an iron pipe marking the North Quarter Section corner of said Section 21; thence West, on the North line of said Section and the centerline of Brick Road, 1322.04 feet; thence South 530 feet; thence West, parallel with the North line of said Section, 138.98 feet; thence South 445 feet, more or less to the place of beginning; thence continuing South 1218 feet more or less to a point on the Northerly right of way line on the new Cleveland Road; thence Westerly along said Northerly right of way 550.29 feet to the Southeast corner of Trans Tech Properties Minor Subdivision, recorded as Document Number 8614287; thence North 795.17 feet to the Northeast corner of said Subdivision; thence West along the North line of said Plat 561.72 feet to the Northwest corner of said Subdivision; thence North 260 feet, more or less; thence East to the place of beginning. and which has Key Number 25- 1013 - 020704, 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 confit is 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 year's from'tho 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 1 1 REGULAR MEETING OCTOBER 11, 1999 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 /Sean Coleman Member of the Common Council Mr. Frank Perri, Holladay Group, 227 South Main Street, South Bend, Indiana, made the presentation on behalf of the petitioners. Mr. Perri advised the Council that Mr. Thomas Dockery of Adapto- Indiana, Inc., was also present today to answer any questions. Mr. Perri stated that Adapto- Indiana intends to spend approximately five hundred thousand dollars ($500,000) for new equipment as well as construction of a fifty thousand square foot facility on West Cleveland Road. This will enable Adapto to stay in the business of providing precision machine parts for the trucking industry. 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 Hosinski made a motion to adopt Resolution No. 2799 -99. Councilmember Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Additionally, Councilmember Hosinski made a motion to adopt Resolution No. 2800 -99. Councilmember Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2801 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT #8 WEST CLEVELAND ROAD INDUSTRIAL PARK (4101 WILLIAM RICHARDSON COURT) TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR BEELER & BROWN PROPERTIES, L.L.C. AND DAVEY, L.L.C. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution, Resolution Number 2576 -98 adopted on March 12, 1998, 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 Lot #8 West Cleveland Road Industrial Park (4101 William Richardson Court), South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Eight (8) as shown on the recorded Plat of West Cleveland Road Industrial Park, Section One, recorded November 6, 1997 as Document Number 9746182 in the Office of the Recorder of St. Joseph County, Indiana and which has Key Number 25- 1013 - 020702, as an Economic Revitalization Area; and REGULAR MEETING OCTOBER 11, 1999 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- 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 1. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et se g. 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 /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Jim Brown, 16632 Lynhfield Court, Granger, Indiana, made the presentation for this tax abatement. Mr. Brown informed the Council that The New Carbon Company, Inc. will be relocating from Buchanan, Michigan to this facility. They currently have approximately twenty -six (26) employees for an annual payroll of six hundred eighty -three thousand dollars ($683,000). The New Carbon Company, Inc. manufactures waffle irons, pancake and waffle flour. A Public Hearing was held on this 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 Hosinski made a motion to adopt this Resolution. Councilmember Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 99-104 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3735 WILLIAM RICHARDSON DRIVE TO BE AN ECONOMIC REVITALIZATION ARA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR COBRA DEVELOPMENT, LLC FOR THE BENEFIT OF: MICHIANA MIDGET MOTORS, INC. Councilmember Kelly made a motion to continue this tax abatement until the October 25, 1999 C U REGULAR MEETING OCTOBER 11, 1999 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 99 -105 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 3030 NORTHSIDE BOULEVARD AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR LARRY & BEVERLY STEELE Councilmember Kelly made a motion to strike this tax abatement from consideration by the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 2802 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION THAT THE LEASE OF PROPERTY AT 609 W. INDIANA AVENUE, SOUTH BEND, INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER IS NECESSARY WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on October 1, 1999, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 609 W. Indiana Street, South Bend, Indiana, as space for a Neighborhood Partnership Center, by entering into a lease agreement with Paul M. Dillon and Phyllis M. Dillon for a term of six months with an option to lease on a month to month basis with a rental not to exceed Two Thousand Nine Hundred and Seventy Dollars ($2,970.00) in the lease term and at the same monthly rate if the option is exercised; and WHEREAS, the Board received on October 1, 1999, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1- 10 -7(2) requires, prior to the Board of Public Works entering into a lease agreement for said premises, that the Common Council determine that the premises are needed and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. That the Common Council is desirous of establishing a neighborhood center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3. That the property at 609 W. Indiana Avenue, South Bend, Indiana contains approximately two thousand five hundred ten (2,510) square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4. That on October 1, 1999, a Petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 609 W. Indiana Street, South Bend, Indiana, as REGULAR MEETING OCTOBER 11, 1999 space for a Neighborhood Partnership Center by entering into a lease with Paul M. Dillon and Phyllis M. Dillon for a term of six months with an option to lease on a month to month basis thereafter, with a rental for the lease term not to exceed Two Thousand Nine Hundred and Seventy Dollars ($2,970.00) in the lease term, and at the same monthly rate if the option is exercised. 5. That on October 1, 1999, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located with the corporate limits of the City of South Bend. 6. That on October 1, 1999, a proposed lease agreement for the premises was filed with the Board of Public Works, a true 'and complete copy of which is attached hereto and incorporated herein. 7. That having heard all speakers at the presentation and hearing on this Resolution on October 11, 1999, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigation, discussions, and consideration by individual Council members, the Common Council of the City of South Bend hereby finds, pursuant to I.C. 36- 1- 10 -7(2), that the lease of property at 609 W. Indiana Avenue as a Neighborhood Partnership Center, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor is needed. 8. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member, South Bend Common Council Ms. Jennifer Mielke, Neighborhood Planner, Planning & Neighborhood Development, Community and Economic Development, 205 West Jefferson Boulevard, Suite 416, South Bend, Indiana, made the presentation for this Resolution. Ms. Mielke stated that before the Council this evening is a Lease Agreement between the City and Mr. Paul M. Dillon for property at 609 West Indiana Avenue to be used as a Neighborhood Partnership Center. The term of the Lease is six (6) months from November 1, 1999 to April 30, 2000 with an option to renew on a month to month basis. The rate of Pa, dht will be four hundred ninety -five dollars ($495.00) per month. A Public Hearing was Yield on the Resolution at this time. Ms. Shirley Fulton, 1628 South Carlisle Street, South Bend, Indiana spoke in favor of this Resolution. Ms. Fulton informed the Council that she is on the Board of the Ruin Village Neighborhood Association and is currently its recording secretary. She is also a member of the Partnership Center Advisory Committee. Ms. Fulton urged the Council to pass this Resolution. She stated that the neighbors have a great deal of interest in the Center remaining at this location for the next six (6) months as the Center provides a great many services. There was no one present wishing to speak in opposition to this bill. Therefore, Councilmember Ujdak made a motion to adopt this Resolution. Councilmember Hosinski seconded the motion. At this time it was noted that the Resolution refers to the address as Indiana Street instead of Indiana Avenue in the title and in numerical paragraphs three (3) and seven (7). Therefore, Councilmember Ujdak made a motion to withdraw his motion. Councilmember Hosinski seconded the motion which carried. Councilmember Ujdak then made a motion to amend the Resolution in the title and in numerical REGULAR MEETING OCTOBER 11. 1999 paragraphs three (3) and seven (7) to indicate that the address is Indiana Avenue and not Indiana Street. Councilmember Aranowski seconded the motion to amend which carried. Additionally, Councilmember Ujdak made a motion to adopt this Resolution, as amended. Councilmember Sniadecki seconded the motion which carried by a roll call vote of nine (9) ayes. BILL NO. 99 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1613 AND 1709 WEST EWING AVENUE, 2002 SOUTH PROSPECT STREET, AND 1801 AND 1805 NORTH ELMER STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES Councilmember King made a motion to reconsider Bill No. 99 -96 which was earlier continued until October 25, 1999 for lack of a petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes and the following Resolution was considered: RESOLUTION NO. 2803 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1613 AND 1709 WEST EWING AVENUE, 2002 SOUTH PROSPECT STREET, AND 1801 AND 1805 NORTH ELMER STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1613 AND 1709 West Ewing Avenue, 2002 South Prospect, and 1801 and 1805 North Elmer Street, South Bend, Indiana, and which are more particularly described as follows: STREET ADDRESS LEGAL DESCRIPTION KEY NUMBER 1613 W. Ewing Ave. Lot 1 & 2 Roming 1" Add. 18- 8081 -3102 1709 W. Ewing Ave. Lot 39, Prairie Ave. Heights Add. 18- 8082 -3141 2002 S. Prospect St. Lot 291 Homeland 3rd Add. 18- 8106 -4022 1801 N. Elmer St. Lot 436 Marquette Heights 18- 2117 -4332 1805 N. Elmer St. Lot 437 Marquette Heights 18 -2117 -4328 as a Residentially Distressed 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 a residentially distressed area have been met. REGULAR MEETING OCTOBER 11, 1999 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby' determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se g., 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 redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for "the purposes of tax is 1 1 REGULAR MEETING OCTOBER 11. 1999 abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et_ sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Mr. Michael E. Urbanski, Garden Homes, 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution. Mr. Urbanski informed the Council that this tax abatement is one of many tax abatements that he has brought before the Council in the past two (2) years. A Public Hearing was held on this Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Therefore, Councilmember King 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 nine (9) ayes. BILLS - FIRST READING BILL NO. 82 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 530 NORTH LAFAYETTE BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 83 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 407 -409 LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 84 -99 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 6188 PARKLAND DRIVE, SOUTH BEND, INDIANA LOCATED AT THE SOUTHEAST CORNER OF AMERITECH DRIVE AND PARKLAND DRIVE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Hosinski made a motion to refer this bill to the Area REGULAR MEETING OCTOBER 11, 1999 Plan Commission. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 85 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING THREE POLICE GRANT FUNDS IN THE SOUTH BEND POLICE DEPARTMENT This bill had first reading. Councilmember Hosinski made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on October 25, 1999. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember Hosinski, on behalf of the Zoning and Annexation Committee, asked Mr. Mike Urbanski of Garden Homes to look into the City block immediately northwest of the corner of Kaley and Keller north of LaSalle High School as a recommended location for continued urban infill housing of the type Garden Homes does so well. Mr. Urbanski informed Mr. Hosinski that he is already in contact with the owners. NEW BUSINESS Members of the Council congratulated Councilmember Ujdak on the recent birth of his son. PRIVILEGE OF THE FLOOR Ms. Alice Christian, no address given, asked the Council what is the function of the Department of Code Enforcement. Council President Coleman explained that the Department of Code Enforcement enforces the laws contained in the City's Code Book. Ms Christian then asked why they have not adhered to her complaints. Ms. Christian sited multiple sections of the code book of which her property is in non - compliance but the landlord has not been contacted. She noted that her complaints have been ignored for four (4) years. Council President Coleman informed Ms. Christian that he along with any other member of the Council would be happy to sit down with her one -on -one to discuss her concerns. Ms. Christian answered that she did not want to meet privately but wanted everyone to hear the concerns. ADJOURNMENT There being no further business to come before the Council, Council President Coleman adjourned the meeting at 8:05 p.m. ATTEST: A C �4 Loretta . Du a, ity �rk ATTEST: Sean Coleman, President 1 I I