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HomeMy WebLinkAbout02-23-98 Council Meeting minutesREGULAR MEETING FEBRUARY 23, 1998 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, February 23, 1998 at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, Broden, Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the February 9, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Kelly made a motion that the minutes of the February 9, 1998, meeting be accepted and placed on file, seconded by Council Member Broden. The motion carried. SPECIAL BUSINESS Council Member Borden reported that the Solid Waste District voted for a curb recycling program to take place approximately August 1. Council President Coleman asked for a moment of silent prayer for former Council Member Zielinski who recently died. RESOLUTION NO. 2558 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF MARCH AS DISABILITY AWARENESS MONTH IN SOUTH BEND, INDIANA WHEREAS, the South Bend Council notes that the Americans with Disabilities Act became law on July 26, 1990 and was designed to "provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities:; and WHEREAS, Congress has found that more than 47 million Americans with disabilities have encountered various forms of discrimination resulting in billions of dollars being spent on unnecessary expenses resulting from dependency and nonproductivity; and WHEREAS, Congress has further found that individuals who bring employment discrimination cases under the ADA act not only "to vindicate his or her personal interests in being made whole, but also act as a private attorney general to enforce the paramount public interest in eradicating invidious discrimination in America against individual with disabilities; and WHEREAS, the Common Council commits itself to the underlying purposes of the Americans with Disabilities Act which are to combat the continuing existence of unfair and unnecessary discrimination which denies people with disabilities the opportunities to compete on an equal basis; and to eradicate the prejudice, stereotypes or unfounded fear which so many persons have with regard to individuals with disabilities; and REGULAR MEETING FEBRUARY 23, 1998 WHEREAS, the Common Council further believes that by annually declaring the month of March as "Disability Awareness Month ", that this heightened awareness will help overcome the fears and misconceptions about disabilities and inform individuals of the positive measures that should and could be taken in areas of employment, public services and transportation, public accommodation and telecommunications under the Americans with Disabilities Act. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of south Bend, Indiana, as follows: Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council hereby publicly declares the month of March as "DISABILITIES AWARENESS MONTH" in South Bend, Indiana. Section II. The Common Council commends the many public and private organizations and agencies who commit themselves and their limited financial resources to the goals of the Americans With Disabilities Act. Section III. The Common council urges all residents of our community to become involved in out -reach programs which assist individuals with disabilities so that such persons will have the opportunities to participate in the many life activities, which those of us without disability, take for granted. Section IV. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. James Aranowski, First District David Varner, Fifth District Charlotte Pfeifer, Second District Andrew Ujdak, Sixth District Roland Kelly, Third District Sean Coleman, At Large John Broden, Fourth District John Hosinski, At Large Rod Sniadecki, At Large ATTEST: Loretta Duda, City Clerk Stephen J. Luecke, Mayor Kathleen Cekanski- Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Pfeifer made the presentation for the resolution. Bill Steinbeck, representing Memorial Hospital's Independent Living Center thanked the Council on behalf of all people who live with disabilities. He advised that the Center commends the City for improvements for the disabled in the downtown area, making our city more accessible. He reported that the Center serves adults and your adults, ranging in age from 11 to 90, who incur disability through strokes, head trauma, spinal cord injuries, and neurological diseases such as MS, brain and spinal cancers, cerebellar ataxia, Lou Gerig's disease and others. He indicated they look forward to increasing their visibility in the community by locating in the new Leighton Healthplex. Loretta Duda, City Clerk, reported that the City Clerk's office supports all efforts to facilitate citizen participation by assuring physical accessability as well as accommodating the special needs of the hearing and speech impaired. She indicated she will ask the Council to explore shared responsibility for published notification and cost of interpreters. Council Member Kelly made a motion to adopt the resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. 1 1 1 REGULAR MEETING s FEBRUARY 23, 1998 Council President Coleman reported that Carolyn Anderson was reappointed to the Economic Development Commission. Council Member Pfeifer made a motion to resolve into the Committee of the Whole, seconded by Council Member Broden. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common.Council of the City of South Bend met in the Committee of the Whole at 7:20 p.m. with nine members present. Chairman Coleman presiding. BILL NO. 20 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH HILL STREET FROM THE NORTH RIGHT -OF -WAY OF EAST COLFAX AVENUE TO THE SOUTH RIGHT -OF -WAY OF EAST LA SALLE FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN LOWELL (ORIGINAL TOWN), CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ALSO, THE FIRST EAST -WEST ALLEY NORTH OF EAST COLFAX AVENUE FROM THE WEST RIGHT - OF -WAY OF ST. LOUIS AVENUE TO THE EAST RIGHT -OF- WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH HILL STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN LOWELL (ORIGINAL TOWN), CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Sandra Parmerlee, vice chair of the St. Joseph Parish Council, made the presentation for the bill. She reported that St. Joseph's Church is the oldest Roman Catholic worshiping community in South Bend. She advised that the Church had a capital improvement drive to build an addition to their school. She informed the Council that they were requesting the vacation of the alley which is known as Church Place, as well as a second alley running between the parish and a home the church owns which is going to be demolished. She indicated they do not plan to build on either of the alleys. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 13 -98 A BILL AMENDING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS OF 1998, 1999, 2000 AND 2001 This being the time heretofore set for public hearing on the above bill, proponents were given an opportunity to be heard. Council Member Pfeifer reported that the Health and Public Safety and the Personnel and Finance committees had met on this bill and recommended to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Pfeifer. The motion carried. Thomas Bodnar, Deputy City Attorney, made the presentation for the bill. He reported that the Board of Public Safety had passed a resolution asking that you consider adopting this bill. He advised that this bill will not give the rank of sergeant to any one who is not at supervisor level. Level two is slightly above corporal pay, and level three is above the present sergeant pay. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. Council Member Coleman made a motion to rise and report to the M REGULAR MEETING FEBRUARY 23, 1998 Council, seconded by Council Member Varner. The motion carried. ATTEST: ity 1 P±X REGU ETING RECONVENED Be it remembered that the Common Council be the Bend reconvened in the Council Chambers on the the County -City Building at 7:30 p.m. Council presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8888 -98 City of South fourth floor of President Coleman AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH- SOUTH ALLEY EAST OF NORTH HILL STREET FROM THE NORTH RIGHT -OF -WAY OF EAST COLFAX AVENUE TO THE SOUTH RIGHT -OF -WAY OF EAST LA SALLE FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN LOWELL (ORIGINAL TOWN), CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ALSO, THE FIRST EAST - WEST ALLEY NORTH OF EAST COLFAX AVENUE FROM THE WEST RIGHT -OF -WAY OF ST. LOUIS AVENUE TO THE EAST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH HILL STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN LOWELL (ORIGINAL TOWN), CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. to pass the bill, seconded by passed by a roll call vote of Council Member Kelly made a motion Council Member Varner. The bill nine ayes. ORDINANCE NO. 8889 -98 AN ORDINANCE AMENDING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS OF 1998, 1999, 2000 AND 2001 This bill had third reading. Council Member Kelly made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Broden. The motion carried. Council Member Kelly made a motion to pass the bill, as amended, seconded by Council Member Aranowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2559 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 511 LINCOLN WAY WEST TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PHOTOCHROME, 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 El 1 1 REGULAR MEETING FEBRUARY 23, 1998 Whereas, a Declaratory Resolution designated the area commonly known as 511 Lincoln Way West, and which is more particularly described as follows: W 14 h OF LOT 21 EX 40' N END OF 22 & 23' OF 23 HENDRICK & GRANT with said real estate having the following Key No. 18 1027 0893, as an Economic Revitalization Area, and Whereas, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -25; and Whereas, the Council held a public hearing for the purpose of hearing all remonstrances and objections from interested persons; and Whereas, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of FIVE (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Jack St. Pierre, owner of Gene's Camera Shop and Photocrome, made the presentation for the resolution. He reported they were requesting tax abatement for equipment valued at $265,000. He advised this would assist them in retaining existing jobs as well as add three new employees to their payroll by the end of the year. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Broden. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2560 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 122 SOUTH MICHIGAN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: SBCC DEVELOPMENT CORPORATION 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 MEETING FEBRUARY 23, 1998 WHEREAS, a Declaratory Resolution designated the area commonly known as 122 S. Michigan Street, South Bend IN, and which is particularly described as follows: 26h FT. N. SIDE LOT 43 O.P. SOUTH BEND with said real estate having the following Key No. 18 3001 0013.01 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12,1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Mark Tarner, president of South Bend Chocolate, made the presentation for the resolution. He reported this was a six year abatement to rehabilitate the building at 122 S. Michigan for a mixed use of office and retail establishment. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2561 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS 47, 52, 53, 86, 92, 93, 94, 95, 101, 105, 108, 114, 115, 116, 117, 118, 119, 120, 122, 123, 126, 127, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 142, 143, 145, 146, 147, 148, & 150 HERMITAGE SOUTH ESTATES, SECTION THREE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR ROJO DEVELOPMENT, INC. 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 1 r 1 REGULAR MEETING FEBRUARY 23, 1998 of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as lots 47, 52, 53, 86, 92, 93, 94, 95, 101, 105, 108, 114, 115, 116, 117, 118, 119, 120, 122, 123, 126, 127, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 142, 143, 145, 146, 147, 148, & 150 Hermitage South Estates, Section Three, South Bend, Indiana, and which are more particularly described as follows: LOTS NUMBERED 47, 52, 53, 86, 92, 93, 94, 95, 101, 105, 108, 114, 115, 116, 117, 118, 119, 120, 122, 123, 126, 127, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 142, 143, 145, 146, 147, 148, & 150 HERMITAGE SOUTH ESTATES, SECTION THREE together now known as and having tax key number 23 1037 2095, respectively, as Residentially Distressed Areas; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12,1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: - SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: I. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and H. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12,1 -3. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. REGULAR MEETING FEBRUARY 23, 1998 B. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of the Declaratory Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Jackie Roelke, a representative of Rojo, made the presentation. She indicted they were asking for tax abatement for these lots in Hermitage. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2562 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF SENATE BILL NO. 260 ADDRESSING SLAP LEGISLATION Whereas, the South Bend Common Council acknowledges that Senator Bill Alexa, a democrat from Valparaiso, Indiana, introduced Senate Bill No. 260, as amended by the sponsor, which would basically provide an individual, who acts to further his or her constitutional rights under the state and federal constitutions, with immunity from civil liability arising out of that person's act; and Whereas, Senate Bill No. 260 would also permit an individual to file a motion to dismiss a claim in a judicial proceeding on the grounds that the claim is an act for which the person is immune from liability; and further provides that if an individual who files a successful motion to dismiss a claim may petition the government to recover: actual or compensatory damages, court costs, punitive damages and attorney fees; and Whereas, since the original introduction of Senate Bill No. 260, the following State Senators have been added as coauthors of the Bill, namely: Senators, Landske, Bowser, Dempsey, Howard, Kenley, Meeks, Simpson, Young, Waterman, Wyss, Breaux , and Zakas; and the following State Representatives have been added as coauthors, namely: Representatives: Kruzan, Ayres, Alevizos, and Lytle; and Whereas, fifteen (15) states currently have legislation effect similar to that proposed in Senate Bill 260, which if passed, would become effective on July 1, 1998; and Whereas, this bipartisan measure was unanimously reported out of the Rules Committee and was passed by the Senate by a vote of 49 to 1. REGULAR MEETING FEBRUARY 23, 1998 Now, Therefore, Be it Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, urges the Indiana General Assembly to pass Senate Bill No. 260 commonly known as the "SLAP" legislation. - Section II. The South Bend Common Council believes that the amended version of Senate Bill No. 260 would help level the playing field for all citizens who wish to exercise their inalienable rights under the Federal and State constitutions. The bill would help protect such individuals from the threat of legal and financial intimidation which currently requires such persons to defend themselves in resulting lawsuits brought against them by governmental agencies and incurring all of the related costs for attorney fees and out -of- pocket expenses of such litigation. Section III. The Common Council of the City of South Bend, Indiana, directs the City Clerk to distribute copies of the resolution to Governor Frank O'Bannon, Lieutenant Governor Joseph E. Kernan and to members of the Indiana General Assembly representing the City of South Bend, so that they know the position of the South Bend Common council on this important constitutional issue. Section IV> This Resolution shall be in full force and effect from and after its adoption by the Common council and approval by the Mayor. James Aranowski, First District David Varner, Fifth District Charlotte Pfeifer, Second District Andrew Ujdak, Sixth District Roland Kelly, Third District Sean Coleman, At Large John Broden, Fourth District John Hosinski, At Large ATTEST: Rod Sniadecki, At Large Loretta Duda, City Clerk Stephen J. Luecke, Mayor Kathleen Cekanski - Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this resolution and recommended it to the Council favorable. He made the presentation for the resolution. He reported that SLAPP is an acronym for Strategic Lawsuits Against Public Participation, and there are a number of incidents throughout the State. He advised that Senate Bill 260 was presented this year. He read the resolution. Roger Voelker, 1713 Franklin, spoke in favor of this resolution indicating that the St. Joe Valley Greens organization also supported this resolution. Joyce Boaler, a City resident, spoke in favor of this bill and commended Council Member Varner for the resolution. She indicated it was appalling that such a law was every made. Jim Cierzniak, 1156 E. Victoria, advised he supported this resolution. He indicated it was nice to see Boy Scouts attending this meeting because they can see we are still fighting for citizen's rights. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2563 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS INTENT TO ISSUE BONDS TO FINANCE CERTAIN IMPROVEMENTS TO THE REGULAR MEETING FEBRUARY 23, 1998 STUDEBAKER NATIONAL MUSEUM WHEREAS, the City of South Bend, Indiana (City), is the owner of a collection of Studebaker vehicles; and WHEREAS, the Studebaker National Museum (Museum), a not - for- profit corporation, manages the collection on behalf of the City; and WHEREAS, pursuant to the terms of a management agreement between the City and the Museum, the City provides the facility in which the collection is housed; and WHEREAS, in 1985 the City acquired the Freeman - Spicer building (a former Studebaker dealership) to be the home for the museum; and WHEREAS, the City values the history of the Studebaker Corporation and the role it has played in this community, the nation, and the world; and WHEREAS, the museum facility needs to be improved (the Project), and a joint committee has been established to oversee the project; and WHEREAS, the City has provided dollars for design of the new facility as compensation for relinquishing space in Discovery Hall, and has appropriated funds for the acquisition of additional land needed to build the Project; and WHEREAS, the Project will be paid for with contributions from the Museum, the Studebaker Drivers Club, and the City; and WHEREAS, the city intends, through this Resolution, to express its commitment to the Project and its willingness to issue a bond to finance its portion of the total cost of the Project, subject to the following terms and conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Common Council hereby establishes its intent to issue bonds pursuant and subject to the appropriate section or sections of the Indiana Code as determined by the Common Council at the time the bonds are issued for the purpose of financing the City's portion of the total cost of this Project, and the Common Council hereby determines that the City's contribution to the Project will not exceed Five Million and 00 /100 Dollars ($5,000,000). 2. The final terms of the issuance of said Bonds shall be determined with the adoption of an ordinance or resolution by or on behalf of the City of South Bend, Indiana. 3. It is anticipated that all or some portion of the bonds shall be issued on a tax - exempt basis. 4. The Bonds shall be payable from a source of funds deemed available by the issuing entity, and this source of funds shall not be limited to C.E.D.I.T. dollars. 5. The Bonds shall be issued when the Museum has received at least One Million Dollars ($1,000,000) in contributions and has an additional Four Million Dollars ($4,000,000) in revenues pledged to the Project, which pledges shall be fulfilled within five (5) years of the date of issuance of the Bonds. 6. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. REGULAR MEETING FEBRUARY 23, 1998 Is/ Sean Coleman Member of the Common council A public hearing was held on the resolution at this time. Council Member Broden reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Mayor Luecke advised the City wants to express their commitment to issue a bond for its portion of the total cost of the project. and we are asking the Council to join in the affirmation that COIT, as well as EDIT will be used to finance the City's portion. He informed the Council that this resolution will be a great tool in obtaining the financing. Council Member Hosinski, read the resolution, and spoke in favor of the bond issue. Ron DeWinter, 602 Lincoln Way East, spoke in favor of a new museum, indicating it was time for this museum to be built. Phil Brown, Studebaker Driver's Club, spoke in favor of the resolution, indicating they were starting the fund drive to support their end. Pat Billey, president of Trustee for the Studebaker Museum, indicated they have worked hard with many financial people in the community, and we are asking the Council to adopt this resolution. Council Member Hosinski indicated that untold hours have been put into the current museum, as well as the proposal for the new museum. Joyce Boaler, a resident, indicated before we had a Football Hall of Fame we should have had a decent place for the Studebaker collection. She indicated the right place for the collection was the former Studebaker Administration Building, which is now occupied by the School Corp. Jim Cierzniak indicated he agreed with Ms. Boaler's comments, but that he was concerned about the larger amount of money being spent on the Hall of Fame. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Varner). RESOLUTION NO. 2564 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3333 WEST LATHROP DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR TOTAL ENTERPRISES, LTD. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3333 W. Lathrop, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the Southeast Quarter of Section Twenty - eight (28) Township Thirty -Eight (38) North, Range Two (2) East, German Township, St. Joseph county, Indiana, as follows: Commencing at the Southeast corner of said Section Twenty - eight (28); thence South 90 degrees 00 minutes 00 seconds West on and along the South line of said Section Twenty - Eight (28), said line being also the center line of Lathrop Street (formerly Douglas Road) a distance of 990.00 feet; thence north 0 degrees 10 minutes 55 seconds seconds East a distance of 20.00 feet to the North line of Lathrop Street (formerly Douglas road) and the true place of beginning; thence continuing on a bearing of north 0 degrees 10 minutes 55 seconds east a distance of 620 feet; thence north 90 degrees 00 minutes 00 seconds east a distance of 447.97 feet; thence south 00 degrees 00 minutes 00 seconds west a distance of 620 feet to the north line of Lathrop Street (formerly Douglas Road) a distance of 449.94 feet to the place of beginning, EXCEPTING THEREFROM a tract of land in the southeast quarter of Section Twenty -eight (28), Township REGULAR MEETING FEBRUARY 23, 1998 Thirty -eight (38) north, Range Two (3) East, German Township, St. Joseph county, Indiana, described as follows: Beginning at the Southeast corner of said Section Twenty - eight (28); thence Westerly on and along the south line of said Section Twenty -eight (28); said line also being the center line of Lathrop St, a distance of 540.00 feet; thence north 00 degrees 00 minutes 00 seconds east a distance of 20.00 feet to the true place of beginning, said point also being on the existing right -of -way of Lathrop Street; thence South 90 degrees 00 minutes 00 seconds west a distance of 449.94 feet; thence north 00 degrees 10 minutes 55 seconds east a distance of 449.88 feet; thence south 00 degrees 00 minutes 00 seconds east a distance of 20.00 feet to the place of beginning. Subject to legal highways. PARCEL II: A part of the southeast Quarter of Section Twenty - eight, township Thirty -eight (38) North, Range Two (2) East, German Township, St. Joseph County, Indiana. Commencing at the Southeast corner of said Section; thence north 90 degrees 00 minutes 00 seconds west 540.00 feet along the south line of said Section; thence north 0 degrees 00 minutes 00 seconds west 640.00 feet to the point of beginning of this description; thence south 90 degrees 00 minutes 00 seconds west 447.97 feet; thence southeasterly 34.57 feet along an arc to the left having a radius of 480.00 feet and subtended by a long chord having a bearing of South 87 degrees 58 minutes 20 seconds east and a length of 34.56 feet; thence south 90 degrees 00 minutes 00 seconds east 412.96 feet; thence South 0 degrees 00 minutes 00 seconds west 150.03 feet tot he point of beginning. Subject to legal highways. A part of the southeast quarter of Section Twenty -eight (28), Township Thirty -eight (38) North, Range Two 92) East, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of said Section; thence north 90 degrees 00 minutes 00 seconds west 540.00 feet along the south line of said Section; thence North 00 degrees 00 minutes 00 seconds west 40.00 feet to the point of beginning of this description; thence north 00 degrees 00 minutes 00 seconds west 750.02 feet; thence north 90 degrees 00 minutes 00 seconds east 44.05 feet; thence easterly 25.96 feet along an arc to the right having a radius of 506.47 feet and subtended by a long chord having a bearing of south 88 degrees 31 minutes 54 seconds east and a length of 25.96 . feet; thence south 00 degrees 00 minutes 00 seconds west 749.36 feet; thence north 90 degrees 00 minutes 00 seconds west 70.00 feet to the point of beginning. Subject to legal highways. and this property has Key Numbers 25 1010 0409, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et sea.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2- 76 et sea. -and has further prepared maps and plats showing the boundaries and such other information regarding the area in 1 REGULAR MEETING „= FEBRUARY 23, 1998 question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate -of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1 -12.1- 4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. REGULAR MEETING FEBRUARY 23, 1998 /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Sniadecki reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Phil Faccenda, attorney,'made the presentation for the resolution. He reported that this company plans to invest $350,000 to $750,000 in new equipment to supply mainly the automobile business. He advised this will allow Total Enterprises to become highly competitive. He informed the Council that two new positions will be created. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2465 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4085 MEGHAN BEELER COURT, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR MICHIANA INDUSTRIAL SUPPLY WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 4085 Meghan Beeler Court, South Bend, Indiana, and which is more particularly described as follows: WEST h OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST and which has Key Number 25 1013 0207.02 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend. Municipal Code Sections 2- 76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. 1 J REGULAR MEETING FEBRUARY 23, 1998 B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation: E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Sniadecki reported that the Community and Economic Development had met on this bill and recommended it to the Council favorable. Stephen Kubsch, president of Michiana Industrial Supply, made the presentation for the bill. He reported that with the growth of their business it was necessary to expand. He advised they will be doing light manufacturing (which is currently done out of state), distribution, sales and servicing at this location. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member REGULAR MEETING FEBRUARY 23, 1998 Aranowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2566 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4073 MEGHAN BEELER COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR KOVAS DOOR COMPANY WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 4073 Meghan Beeler Court, South Bend, Indiana, and which is more particularly described as follows: EAST h OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST and which has Key Number 25 1013 0207.02 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2- 76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. . SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation: REGULAR MEETING FEBRUARY 23, 1998 E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction; all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Sniadecki reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Dan Kovas, owner, made the presentation for the resolution. He reported that during the last eighteen years they have expanded their business to the point where they need to build a facility in order to consolidate principal operations which include sales, distribution, installation, servicing, preparation, alteration, fabrication and repairs of overhead doors. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2567 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1400 RIVERSIDE DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EXPANDED METAL COMPANY OF INDIANA LLC WHEREAS, a petition for personal property tax abatement REGULAR MEETING FEBRUARY 23, 1998 consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1400 Riverside Dr., South Bend, Indiana, and which is more particularly described as follows: Beginning at the southeast corner of the southwest 1/4 of said Section 35; thence South 890 55' 00" west, 116.24 feet; thence north 000 00' 27" west, 12.00 feet to the north line of a 12 foot alley; thence north 890 55' 00" east of the east line of Kessler Boulevard; thence north 000 00' 27" west parallel with said east line of Kessler Boulevard, 128.00 feet to a point on the south line of King Street, 180.00 feet south 890 55' 18" east of the northeast corner of Lot 10 as shown on the Second Plat of Northwest addition to the City of South Bend recorded April 6, 1906 in Plat Book 9, pages 30 and 31; thence south 890 55' 18" east along the south line of King Street, 352.84 feet; thence north 000 00' 27" west, 194.85 feet to a point on the centerline of the east and west 14 foot alley between King Street and McCarney Street produced east; thence North 000 06' 09" east, 128.81 feet to the east line of the southwest 1/4 of said Section 35; thence south 000 00' 30" east along said east line, 27.84 feet; thence North 890 46' 49" east 287.05 feet to the westerly line of Riverside Drive; thence south 160 37' 15" west along a chord subtending said westerly line of Riverside Drive 455.43 feet to the south line of said section 35; thence north 900 00'00" West along said south line, 156.71 feet to the point of beginning. Commencing at the southeast corner of the southwest 1/4 of said Section 35; thence North 000 00' 30" west (bearing assumed) along the east line of said Southwest 1/4 a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing north 000 00' 30" west along said east line 336.00 feet to the south line of Queen Street; thence south 890 56' 09" west along said south line of Queen Street 176.60 feet; thence north 000 02' 36" east 195.00 feet to the centerline of the east and west 14 foot alley between Kinyon Street and Queen Street; thence south 890 56' 09" west along said centerline of alley, 131.37 feet; thence south 00o 06' 09" west along the east line of Lot 145 in the Third Plat of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the office of the St. Joseph County Recorder and its northerly and southerly extensions, 195.00 feet to the south lien of Queen Street; thence South 890.56' 09" west along said south lien of Queen Street, 12.93 feet to the east line of Allen Street; thence south 000 05' 51" west along said east line of Allen Street, 329.87 feet to the south line of McCartney Street; thence south 890 58' 27" east along the south line of McCarney Street, 12.91 feet; thence south 000 06' 09" west 6.11 feet; thence north 890 56' 09" east 308.71 feet to the point of beginning. and this property has Key Numbers 18 2110 4064; 18 2110 4065; 18 2110 4066; 18 2110 4067, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1-1 et sea., and South Bend Municipal Code Section 2 -76 et sea.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et sear and South Bend Municipal Code Sections 2- 76 et sect. 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 Human Resources and Economic Development REGULAR MEETING FEBRUARY 23, 1998 Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment.is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1 -12.1- 4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ls/ Sean Coleman Member of the Common Council REGULAR MEETING FEBRUARY 23, 1998 A public hearing was held on the resolution at this time. Council Member Sniadecki reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Phil Faccenda, attorney, made the presentation for the resolution. He reported this was an identical petition to the one the Council passed two weeks ago, however, the petitioner discovered the Walnut Street location was too small, so they changed to the existing location of Lock Joint Tube. He advised eighteen new employees will be hired. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 26 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND THE AMENDING OF CHAPTER 17, ARTICLE 4, SECTIONS 17 -45 AND 17 -46 OF THE SOUTH BEND MUNICIPAL CODE This bill had first reading. Council Member Varner made a motion to refer this bill to the Utilities Committee and set it for public hearing and third reading on March 9, seconded by Council Member Broden. The motion carried. UNFINISHED BUSINESS Council Member Hosinski made a motion to refer Bill nos. 3, 4, 17, and 21 -98 to the Zoning and Annexation Committee, and set them for public hearing and third reading on March 9, seconded by Council Member Kelly. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke regarding the expenses and operational losses at the Hall of Fame. There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 8:40 p.m. ATTEST: President 1 F�