HomeMy WebLinkAbout05-11-98 Council Meeting minutesREGULAR MEETING MAY _11.1998
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, May 11, 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 April 27,
meeting of the Council and found them correct.
Therefore, we recommend the same be approved.
/s/ Sean Coleman
ls/ David Varner
Council Member Hosinski made a motion that the minutes of the
April 27, 1998, meeting be accepted and placed on file, seconded
by Council Member Broden. The motion carried.
SPECIAL BUSINESS
Council President Coleman announced that the Council has an
appointment to the TRANSPO Board coming up in July. He advised
that Jeanette Moeller is the Council's appointment at the
present time and has expressed an interest in continuing. He
indicated that this is a bipartisan board, and any one interested
must be a Republican.
RESOLUTION NO. 2616 -98 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,
HONORING ALL POLICE OFFICERS CALLED IN
THE LINE OF DUTY AND DECLARING THE WEEK
OF MAY 10TH AS NATIONAL LAW ENFORCEMENT
MEMORIAL WEEK
WHEREAS, the Common Council of the City of South Bend,
Indiana, notes with sadness that as of today 50 law enforcement
officers have lost their lives in the line of duty in 1998, and
176 law enforcement officers were killed in the line of duty in
1997 throughout our country; and
WHEREAS, COPS President Sharon Felton recently noted that
"Despite a five year downward trend in violence across this
nation, this latest news on police deaths reminds us that the
price for a safer America is being paid for by the blood of our
law enforcement officers "; and
WHEREAS, this afternoon at 3:00 p.m., the City of South Bend
publicly honored officers of the South Bend Police Department who
paid the ultimate sacrifice in a special annual ceremony of
prayer and dedication, and the Common Council hereby publicly
honors each of the memories of these officers again tonight who
served the citizens of South Bend so proudly:
Hans Brandt
Paul R.
Dogwatch
Neil McIntyre
Fred E. Bland
Thomas
J. Derue, Sr.
Delbert Thompson
Oscar Christenson
Charles
E. Farkas, Sr.
Lloyd Thompson
Samuel Cooper
Ronald
St. Germain, Sr.
Howard Wagner
Lewis Keller
REGULAR MEETING MAY 11, 1998
WHEREAS, the National Law Enforcement Officers Memorial was
dedicated in October 15, 1991, and bears the names of over 14,000
peace officers who have been killed in the line of duty since
1794 and also pays tribute to the 700,000 federal, state and
local officers who continue to serve our country as the "thin
blue line" who stand between the lawful and the lawless; and
- WHEREAS, on May 13, 1998, the 10th Annual Candlelight Vigil
will be held at the National Law Enforcement Officers Memorial at
the Judiciary Square in Washington, D.C. where a reading of the
names newly engraved on the Memorial will take place; and
officers from the South Bend Police Department will be present to
hear the name of Corporal Paul Richard Deguch being read along
with the other police officers killed in the line of duty in
1997.
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, the Common Council hereby publicly commemorates and
honors the thirteen (13) members of the South Bend Police
Department who paid the ultimate sacrifice in serving and
protecting the residents of our City.
Section II. The Common Council honors each of these fallen
police heroes, not because of the way they died, but because of
the way they lived and performed their police duties each and
every day, often at great risk to their own personal safety.
Section III. The South Bend Common Council hereby declares
the week of May 10th as National Law Enforcement Week in South
-- Bend, Indiana, and urges all citizens to work toward peace and
harmony in all of our neighborhoods in partnership with our
dedicated police officers.
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
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 read the resolution and presented it to
Chief Gunn. Chief Gunn thanked the Council for the resolution.
Council Member Hosinski made a motion to adopt the resolution,
seconded by Council Member Sniadecki. The resolution was adopted
by a roll call vote of nine ayes.
Council Member Kelly made a motion to move resolution 98 -89 to
this portion of the Agenda, seconded by Council Member Aranowski.
The motion carried.
RESOLUTION NO. 2617 -98 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,
AUTHORIZING THE CITY OF SOUTH BEND TO
REGULAR MEETING MAY 11, 1998
ENTER INTO, ALONG WITH ST. JOSEPH COUNTY
AND THE CITY OF MISHAWAKA, A JOINT
COMMISSION TO BE KNOWN AS THE DISABILITY
RIGHTS COMMISSION
WHEREAS, the City of South Bend is interested in promoting
the full integration of persons with disabilities into all areas
of economic, political and community life; and
WHEREAS, the City of South Bend desires to promote equal
opportunity in employment and access to public accommodations, to
eliminate discriminatory practices in employment and public
accommodations on the basis of disability, and to support the
federal policies of equal opportunity in education and housing;
and
WHEREAS, there exist barriers to full integration and to the
elimination of discriminatory practices; and
WHEREAS, the City of South Bend recognizes that such
barriers and discriminatory practices work to deprive the
community of participation by significant segments of its
population, thereby depriving the community of the talents,
skills and knowledge of that segment; and
WHEREAS, the City of South Bend is committed to utilizing
all appropriate resources at its disposal, and to coordinating
efforts with persons with disabilities toward the goal of
removing barriers to full integration and the elimination of
discriminatory practices; and
WHEREAS, St. Joseph County and the City of Mishawaka have
the same concerns and similar problems, and it would be best to
utilize a united effort to reach these goals through a joint
commission to be known as the Disability Rights Commission.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the
city of South Bend, Indiana:
SECTION I. The City is auth,
Disability Rights Commission with
forth in the document attached to
SECTION II. This Resolution
effect from and after its passage
approval "by the Mayor.
Drized to participate in a
all powers and duties as set
this Resolution.
shall be in full force and
by the Common Council and its
/s/ Sean Coleman
Member of the Common Council
A public hearing was held on the resolution at this time. Marcia
Qualls, 10565 Toledo Ave., made the presentation for the
resolution. She reported that this resolution authorizes the
City to enter into a joint commission with St. Joseph County and
the City of Mishawaka to continue this Commission which was
established in 1985. Council Member Kelly made a motion to adopt
the resolution, seconded by Council Member Varner. The
resolution was adopted by a roll call vote of nine ayes.
Council Member Kelly 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;15 p.m. with nine
members present. Chairman Coleman presiding.
Council Member Coleman made a motion to combine public hearing on
REGULAR MEETING MAY 11, 1998
the next two bills, seconded by Council Member Hosinski. The
motion carried.
BILL NO. 43 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST NORTH /SOUTH ALLEY EAST OF MAIN STREET
FROM THE SOUTH RIGHT -OF -WAY OF WEST NAVARRE STREET
TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST /WEST
ALLEY SOUTH OF WEST NAVARRE STREET FOR A DISTANCE
OF APPROXIMATELY 198 FEET AND A WIDTH OF 14 FEET.
PART LOCATED IN SOUTH BEND (ORIGINAL TOWN), ST.
JOSEPH COUNTY, INDIANA
BILL NO. 44 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
WEST NAVARRE STREET FROM THE WEST RIGHT -OF -WAY OF
NORTH MICHIGAN STREET TO THE EAST RIGHT -OF -WAY OF
NORTH MAIN STREET FOR A DISTANCE OF APPROXIMATELY
344 FEET AND A WIDTH OF 82.5 FEET. PART LOCATED IN
SOUTH BEND (ORIGINAL TOWN), CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA
This being the time heretofore set for public hearing on the
above bills, 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 these bills and
recommended them to the Council favorable. Bruce Bancroft,
attorney representing Memorial Hospital, made the presentation
for the bills. He reported they were requesting these vacations
because the hospital would like to build a large structure which
would be partially located on Navarre and would span the
north /south alley. He reported this would be a four story
parking garage topped with three stories of office space. Bob
-- Snyder, from BSA Design in Indianapolis, distributed drawings he
had prepared of the proposed structure. He explained that
Memorial owns all of the property on both sides of the alley and
also owns all of the property on both sides of Navarre. He also
explained the configuration of the parking garage and the office
building. Mary McClain, general manager of TRANSPO, spoke in
favor of this resolution. She indicated this was the first time
someone had contacted them regarding a construction project, and
they were given ample opportunity to have input into the plan.
Bob King, vice president of South Bend Medical Foundation, spoke
in favor of the vacation indicating they were comfortable with
the hospital's plans. Juanette Hill, 225 W. Hammond Pl.,
questioned how the proposed building would effect the aesthetic
value of her property in the River Bend Historic District, as
well as compliment the neighborhood. A resident of 706 N. St.
Joseph, indicated that the commercial business were informed of
the proposed change to the neighborhood, however, people who live
in the River Bend Historic District were not contacted. Sara
Heitzelman, 706 N. St. Joseph, spoke regarding an increase of
people coming into the neighborhood, and with the closing of
Navarre more parking area will be lost and they will move into
our area to park. Gary Fisk, Cole & Associates, advised that the
this will actually reduce traffic into the historic district.
All other concerns were addressed. Council Member Kelly made a
motion to recommend Bill No. 43 -98 to the Council favorable,
seconded by Council Member Hosinski. The motion carried.
Council Member Kelly made a motion to recommend Bill No. 44 -98 to
the Council favorable, seconded by Council Member Coleman. The
motion carried.
BILL NO. 42 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING $300,000 FROM THE
CITY OF SOUTH BEND GENERAL FUND TO THE COLLEGE
FOOTBALL HALL OF FAME OPERATING FUND
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 Broden reported that the Personnel and
REGULAR MEETING MAY 11, 1998
Finance Committee had met on this bill and recommended it to the
Council favorable. Cathy Roemer, City Controller, made the
presentation for the bill. She reported that was the same
dollars that were discussed when the operating budget was passed
and during the capital equipment appropriation. Jim Cierzniak,
1136 E. Victoria, spoke against this appropriation. Council
Member Kelly made a motion to recommend this bill to the Council
favorable, seconded by Council Member Coleman. The motion
carried.
Council Member Kelly made a motion to resolve into the Committee
of the Whole, seconded by Council Member Coleman. The motion
carried.
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South
Bend reconvened in -the Council Chambers on the fourth floor of
the County -City Building at 8 :07 p.m. Council President Coleman
presiding, and nine members present.
ORDINANCE NO. 8909 -98 AN ORDINANCE TO'#ACATE THE FOLLOWING
DESCRIBED PROPERTY: THE FIRST
NORTH /SOUTH ALLEY EAST OF MAIN STREET
FROM THE SOUTH RIGHT -OF -WAY OF WEST
NAVARRE STREET TO THE NORTH RIGHT -OF -WAY
OF THE FIRST EAST /WEST ALLEY SOUTH OF
WEST NAVARRE STREET FOR A DISTANCE OF
APPROXIMATELY 198 FEET AND A'WIDTH OF 14
FEET. PART LOCATED IN SOUTH BEND
( ORIGINAL TOWN), ST.- JOSEPH COUNTY,
INDIANA.
This bill had third reading. Council Member Kelly made a motion
to pass this bill, seconded by Council 'Member Broden. The bill
passed by a roll call vote of nine ayes.
ORDINANCE NO. 8910 -98
AN ORDINANCE TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: WEST
NAVARRE STREET FROM THE WEST RIGHT -
OF -WAY OF NORTH MICHIGAN STREET TO
THE EAST RIGHT -OF -WAY OF NORTH MAIN
STREET FOR A DISTANCE OF
APPROXI14ATErY 344 FEET AND A WIDTH
OF 82.5 FEET. PART LOCATED IN SOUTH
BEND (ORIGINAL TOWN), CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA
This bill had third reading. Council Member Pfeifer made a
motion to pass this bill, seconded by Council Member Aranowski.
The bill passed by a roll call vote of nine ayes.
ORDINANCE NO. 8911 -98 AN ORDINANCE BILL OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $300,000 FROM THE CITY OF
SOUTH BEND GENERAL FUND TO THE COLLEGE
FOOTBALL HALL OF FAME OPERATING FUND
This bill had third reading. Council Member Kelly made a motion
to pass this bill, seconded by Council Member Broden. The bill
passed by a roll call vote of nine ayes.
RESOLUTIONS
U
REGULAR MEETING
RESOLUTION NO. 2618 -98
MAY 11, 1998
A RESOLUTION OF THE COMMON COUNCIL OF
THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF
THE SOUTH BEND BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 2624 S.
MICHIGAN ST., 101 & 101 h IRVINGTON
AVENUE, SOUTH BEND, INDIANA 46614.
WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the
Common Council to give notice pursuant to Indiana Code Section 5-
14 -1.5 -5 of its intention to consider Petitions from the Board of
Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within thirty
(30) days after the Board of Zoning Appeals makes its
recommendation to the Council; and
WHEREAS, the Common Council is required to make a
determination in writing on such requests pursuant to Indiana
Code Section 36 -7 -4- 918.4;
WHEREAS, the South Bend Board of Zoning Appeals has made a
recommendation, pursuant to applicable state law;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
.Section I. The Common Council has provided notice of the
hearing on the petition from the.Board of Zoning Appeals,
pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a
special exception be granted for the property located at:
2624 s. Michigan Street, Indiana 46614
101 101 h Irvington, South Bend IN 46614
in order to permit a special exception to allow a combined use of
a commercial building for purposes of permitting two (2) multi-
family dwellings at the second floor of the building located at
2624 S. Michigan Street and also a special exception to allow
off -site parking at 101 & 101 � Irvington, South Bend IN 46614
Section II. Following a presentation by the Petitioner, and
after proper public hearing, the Common Council hereby approves
the Petition of the South Bend Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk.
Section III. The Common Council of the City of South Bend,
Indiana hereby finds that:
1. The approval will not be injurious to the public health,
safety, morals and general welfare of the community;
2. The use and value of the area adjacent to the property
included in the special exception will not be affected in a
substantially adverse manner;
3. The need for the special exception arises from specific
conditions peculiar to the property involved;
4. The strict application of the terms of the Zoning
Ordinance will constitute an unnecessary hardship if applied to
the property for which this special exception is sought; and
5. The approval does not interfere substantially with the
Comprehensive Plan adopted by the City of South Bend.
Section IV. Approval is subject to the Petitioner
complyingwith the reasonable conditions established by the Board
of Zoning Appeals which are on file in the office of the City
Clerk.
REGULAR MEETING MAY 11, 1998
Section V. This Resolution shall be in full force and
effect from and after its adoption by the Common Council and
approval by the Mayor.
/s/ Sean Coleman
Member of the Common Council
A public hearing was held on the resolution at this time.
Council Member Hosinski reported that the Zoning and Annexation
Committee had met on this bill and recommended it to the Council
favorable. Randy Rompola, attorney, reported the petitioner was
requesting this special exception for property at the corner of
Michigan and Irvington. He informed the council that Mr. Frick
would like to have two apartments on the second floor of the
building, and pave the alley to improve the so it can be used for
parking. Council Member Hosinski made a motion to adopt this
resolution, seconded by Council Member Aranowski. The resolution
was adopted by a roll call vote of nine ayes.
RESOLUTION NO. 2619 -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 1635 S.
WARREN ST, 2011, 2013 GERTRUDE ST., 2100
INDIANA ST., 1901 1903, 1905, 1907, 1909
WILLIAM ST. A RESIDENTIALLY DISTRESSED
AREA FOR PURPOSES OF A FIVE (5) YEAR
RESIDENTIAL REAL PROPERTY TAX ABATEMENT
FOR BL BUILDERS
WHEREAS, a Statement of Benefits and a petition for residential
real property tax abatement has been submitted to and filed with
the City Clerk for consideration by the Common Council of the
City of South Bend, Indiana requesting that the area commonly
known as 1635 S. Warren St., 2011, 2013 Gertrude St., 2100
Indiana St., 1901 1903, 1905, 1907, 1909 William St. South Bend,
Indiana, and which are more particularly described as follows:
Lot #120 Highland Park Replat, Lot #19 Romig's First Addition,
Lot #20 Romig's First Addition, Lot #5 Highland Park Replat, Lot
#273 D.M. Shivleys 1st Addition, Lot #274 D. M. Shivleys 1st
Addition, Lot #275 D. M. Shivleys 1st Addition, Lot #276 D. M.
Shivleys 1st Addition, Lot #277 D.M. Shivleys 1st Addition,
and which has tax Key Number 18- 8081 -3086, 18- 8081 -3087, 18 -8087-
3358, 18- 8044 -1728, 18- 8044 -1729, 18- 8044 -1730, 18- 8044 -1731, 18-
8044 -1732, be designated as a Residentially Distressed Area under
the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend
Municipal Code Sections 2 -76 et secs., and;
be designated as a Residentially Distressed Area under the
provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend
Municipal Code Sections 2 -76 et seer., and;
WHEREAS, the Department of Community and Economic Development has
concluded an investigation and prepared a report with information
sufficient for the Common Council to determine that the area
qualifies as a Residentially Distressed Area under Indiana Code
6 -1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76,
et sea., and has further prepared maps and plats showing the
boundaries and such other information regarding the area in
question as required by law; and
WHEREAS, the Community and Economic Development Committee of the
Common Council has reviewed said report and recommended to the
Common Council that the area qualifies as a Residentially
Distressed Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of South Bend, Indiana, as follows:
1
1
REGULAR MEETING MAY 11, 1998
SECTION I. The Common Council hereby determines and finds that
the petition for real property tax abatement and the Statement of
Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et
sea., for tax abatement.
SECTION II. The Common Council hereby determines and finds that
the area meets one of the following conditions as formally
established in Ordinance no. 8845 -97, which was passed on
December 8, 1997:
A. The area is comprised of parcels that are either
unimproved or contain only one (1) or two (2) family
dwellings designed for up to four (4) families, including
accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied
and are:
i. the subject of an order issued under IC 36 -7 -9; or
ii.evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6- 1.1 -24
and IC 6- 1.1 -25; or
ii.are owned by a unit of local government; or
D. A significant number of dwelling units within the area
are not permanently occupied or a significant number of
parcels in the area are vacant land; or
E. A significant number of dwelling units within the area
are:
i. the subject of an order issued under IC 36 -7 -9; or
ii.evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of
dwelling units, as documented by census information, local
building and demolition permits, or certificates of
occupancy, or the areas are owned by Indiana or the United
States; or
G. The area (plus any areas previously designated under
this subsection) will not exceed ten percent (10 %) of the
total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds
the following:
A. That the description of the proposed redevelopment meets
the applicable standards for such development.
B. That the estimate of the value of the redevelopment is
reasonable for projects of this nature;
C. That the other benefits about which information was
requested are benefits that can be reasonably expected to
result from the proposed described redevelopment; and
D. That the totality of benefits is sufficient to justify
the requested deduction, all of which satisfy the
requirements of Indiana Code 6- 1.1- 12.1 -3.
E. The deduction will not be allowed unless the dwelling is
rehabilitated to meet local code standards for habitability.
F. The deduction will not be allowed unless the dwelling
rehabilitation is completed within five (5) calendar years
from the date of the adoption of this Resolution by the
Common Council.
SECTION IV. The Common Council hereby determines and finds that
the proposed described redevelopment can be reasonably expected
to yield benefits identified in the Statement of Benefits and the
petition for real property tax abatement consideration and that
the Statement of Benefits form prescribed by the State Board of
Accounts are sufficient to justify the deduction granted under
Indiana Code 6 -1.1- 12.1 -3.
SECTION V. The Common Council hereby accepts the report and
recommendation of the Community and Economic Development
Committee that the area herein described be designated as a
Residentially Distressed Area and hereby adopts a Resolution
REGULAR MEETING
MAY 11, 1998
designating this area as a Residentially Distressed Area for
purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area
shall be limited to five (5) calendar years from the date of the
adoption of this Resolution by the Common Council.
SECTION VII. The Common Council hereby determines that the
property owner is qualified for and is granted property tax
deduction for a period of five (5) years.
SECTION VIII. The Common Council directs the City Clerk to cause
notice of the adoption of this Declaratory Resolution for Real
Property Tax Abatement to be published pursuant to Indiana Code
5 -3 -1 and Indiana Code 6 -1.1- 12,1 -2.5, said publication providing
notice of the public hearing before the Common Council on the
proposed confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6 -1.1- 12,1 -2, the
rehabilitation must meet all local code standards for
habitability as a specific condition of having such property be
designated as a residentially distressed area.
SECTION X. This Resolution shall be in full force and effect
from and after its adoption by the Common Council and approval by
the Mayor.
/s/ Sean Coleman
Member of the Common Council
A public hearing was held on the resolution at this time. John
Chrisman, 54764 Bittersweet, made the presentation for the
resolution. He informed the Council that they are building low -
come homes and hope to use Federal and State dollars to help with
the project. He stated they are not going to put manufactured
housing on these lots. Council Member Broden made a motion to
adopt the resolution, seconded by Council Member Hosinski. The
resolution was adopted by a roll call vote of nine ayes.
RESOLUTION NO. 2620 -98 A RESOLUTION CONFIRMING THE ADOPTION OF
A DECLARATORY RESOLUTION DESIGNATING
CERTAIN AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS LOTS
#1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22,
23, 24, 25, 26, 27, 28, 29, 30, 31, 32,
33, 34, 35, 36, 37, 38, 39, 40, 41
HARVEST POINTE SUBDIVISION RESIDENTIALLY
DISTRESSED AREAS FOR PURPOSES OF A FIVE
(5) YEAR RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR BEELER & BROWN PROPERTIES,
LLC AND DAVEY, LLC
WHEREAS, the Common Council of the City of South Bend, Indiana,
has adopted a Declaratory Resolution designating certain areas
within the City as Residentially Distressed Areas for the purpose
of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the areas commonly
known as Lots #1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 150,
16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31,
32, 33, 34, 35, 36, 37, 38, 39, 40, 41 Harvest Pointe
Subdivision, South Bend, Indiana, and which are more particularly
described as follows:
Street Address
4101 Ashard Drive
020702*
Legal Descri tp ion
Lot #1 Harvest Pointe Subdivision
or 4433 Harvest Pointe Drive **
4109 Ashard Drive Lot #2 Harvest Pointe Subdivision
Key Number
25 -1013-
REGULAR MEETING
4117 Ashard Drive
4201 Ashard Drive
4209 Ashard Drive
4217 Ashard Drive
4218 Ashard Drive
4210 Ashard Drive
4202 Ashard Drive
4118 Ashard Drive
4110 Ashard Drive
4102 Ashard Drive
or 4407 Harvest Pointe Drive **
4101 Cherry Pointe Drive
or 4401 Harvest Pointe Drive **
4109 Cherry Pointe Drive
4117 Cherry Pointe Drive
4201 Cherry Pointe Drive
4209 Cherry Pointe Drive
4217 Cherry Pointe Drive
4218 Cherry Pointe Drive
4210 Cherry Pointe Drive
4202 Cherry Pointe Drive
4118 Cherry Pointe Drive
4033 Cherry Pointe Drive
or 4402 Harvest Pointe Drive **
4410 Harvest Pointe Drive
4418 Harvest Pointe Drive
4426 Harvest Pointe Drive
4434 Harvest Pointe Drive
4433 Whitefeather Drive
4425 Whitefeather Drive
4417 Whitefeather Drive
4409 Whitefeather Drive
4401 Whitefeather Drive
or 4025 Cherry Pointe Drive **
4434 Whitefeather Drive
4426 Whitefeather Drive
4418 Whitefeather Drive
4410 Whitefeather Drive
4402 Whitefeather Drive
or 4001 Cherry Pointe Drive **
4002 Cherry Pointe Drive
4010 Cherry Pointe Drive
4018 Cherry Pointe Drive
4026 Cherry Pointe Drive
MAY 11, 1998
Lot #3 Harvest Pointe Subdivision
Lot #4 Harvest Pointe Subdivision
Lot #5 Harvest Pointe Subdivision
Lot #6 Harvest Pointe Subdivision
Lot #7 Harvest Pointe Subdivision
Lot #8 Harvest Pointe Subdivision
Lot #9 Harvest Pointe Subdivision
Lot #10 Harvest Pointe Subdivision
Lot #11 Harvest Pointe Subdivision
Lot #12 Harvest Pointe Subdivision
Lot #13 Harvest Pointe Subdivision
Lot #14 Harvest Pointe Subdivision
Lot #15 Harvest Pointe Subdivision
Lot #16 Harvest Pointe Subdivision
Lot #17 Harvest Pointe Subdivision
Lot #18 Harvest Pointe Subdivision
Lot #19 Harvest Pointe Subdivision
Lot #20 Harvest Pointe Subdivision
Lot #21 Harvest Pointe Subdivision
Lot #22 Harvest Pointe Subdivision
Lot #23 Harvest Pointe Subdivision
Lot #24 Harvest Pointe Subdivision
Lot #25 Harvest Pointe Subdivision
Lot #26 Harvest Pointe Subdivision
Lot #27 Harvest Pointe Subdivision
Lot #28 Harvest Pointe Subdivision
Lot #29 Harvest Pointe Subdivision
Lot #30 Harvest Pointe Subdivision
Lot #31 Harvest Pointe Subdivision
Lot #32 Harvest Pointe Subdivision
Lot #33 Harvest Pointe Subdivision
Lot #34 Harvest Pointe Subdivision
Lot #35 Harvest Pointe Subdivision
Lot #36 Harvest Pointe Subdivision
Lot #37 Harvest Pointe Subdivision
Lot #38 Harvest Pointe Subdivision
Lot #39 Harvest Pointe Subdivision
Lot 440 Harvest Pointe Subdivision
Lot #41 Harvest Pointe Subdivision
(* - the master key number is currently being split and separate key numbers will be assigned to
each of the above addresses/lots).
( ** - designates corner lots which may have one or the other street address listed).
as a 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.
REGULAR MEETING MAY 11, 1998
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
sec., 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
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 -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) 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 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 sec.
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.
REGULAR MEETING MAY 11, 1998
/s/ Roland Kelly
Member of the Common Council
A public hearing was held on the resolution at this time. Tom
Sexton, 52178 Fieldstone, made the presentation for the
resolution. He reported they are building homes priced between
$135 to 160,000. He indicated the west side of the City has a
lot of room for industrial, commercial and residential
development. Council Member Broden 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. 2621 -98 A RESOLUTION CONFIRMING THE ADOPTION OF
A DECLARATORY RESOLUTION DESIGNATING
CERTAIN AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS 3722
FOUNDATION COURT, BE AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A
FIVE YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR O -T -D 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
Whereas, a Declaratory Resolution designated the area commonly
known as 3722 Foundation Court, and which is more particularly
described as follows:
LOT NUMBERED TWO (2) AS SHOWN ON THE RECORDED PLAT OF METRO -
ALEDO MINOR SUBDIVISION, RECORDED OCTOBER 31, 1994 IN THE
OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, AS
INSTRUMENT NO. 9440809, SITUATED IN ST. JOSEPH COUNTY, STATE
OF INDIANA
with said real estate having the following Key No.25 1010 040018,
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.
REGULAR MEETING MAY 11, 1998
ls/ Sean Coleman
Member of the Common Council
A public hearing was held on the resolution at this time.
William Guinn, 50733 Terryton Way, made the presentation for the
resolution. He reported they have realized significant growth
since 1983, and currently employ fifty -six people. He advised
that the purchase of this new equipment would help them to remain
competitive. Council Member Hosinski made a motion to adopt the
resolution, seconded by Council Member Sniadecki. The resolution
was adopted by a roll call vote of nine ayes.
RESOLUTION NO. 2622 -98 A RESOLUTION CONFIRMING THE ADOPTION OF
A DECLARATORY RESOLUTION DESIGNATING
CERTAIN AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS 2001
WEST WASHINGTON BE AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A
FIVE YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR UNIROYAL TECHNOLOGY
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
Whereas, a Declaratory Resolution designated the area commonly
known as 2001 W. Washington, and which is more particularly
described as follows:
PARCEL I
Lots Numbered 67, 68, 69, 70, 71, 72, 73, 74, 75, 76 and 77 as
shown on the recorded plat of Clement Studebaker's Oak Grove
Subdivision in the City of South Bend, recorded in Plat Book 7,
page 4 in the Office of the Recorder of St. Joseph County,
Indiana.
EXCEPTION TO PARCEL I
A part of Lots Numbered 67 and 68 as shown on the recorded plat
of Clement Studebaker's Oak Grove Subdivision in the City of
South Bend, which part is bounded by a line running as follows:
beginning at a point 35 feet West of the Northeast corner of said
Lot Numbered 67; thence running West 36 feet: thence South to the
South line of said Lot Numbered 68, thence East on said South
line 36 feet; thence North to the place of beginning.
PARCEL II
Lots Numbered 1, 2, 3, 4, and 5 as shown on he recorded plat of
Hosinski's Subdivision of Lot Numbered 43 in College Grove
Addition to the City of South Bend, recorded April 6, 1920 in
plat book 10, page 103 in the Office of the Recorder of St.
Joseph County, Indiana.
PARCEL III
Lots Numbered 28, 29, 30, 31, 32, 33, inclusive and Lots Numbered
44, 45, 46, 47 and 48 and Lots Lettered A as shown on the
recorded plat of College Grove, an addition to the Town Now City
of South Bend.
PARCEL IV
The vacated Grant, Johnson and Brookfield Streets running from
the North line of Washington Avenue and the South line of Orange
Street; also the vacated Colfax Avenue running from the West line
1
1
1
REGULAR MEETING
MAY 11, 1998
of Jackson Street to the West line of Lot 48 in College Grove
Addition extended North; also the vacated alley lying West and
adjacent to Lots 1, 2, 3 and 5 Hosinski's Subdivision.
PARCEL V
An easement from ingress and egress in, upon and over the
following described real estate: beginning at a point 4 h feet
West of the Northeast corner of Lot 30 in College Grove Addition;
thence North on a line parallel to the East line of Lot 30 a
distance of 10.00 feet; thence East on a line parallel with the
North lines of Lot 29 and 30 a distance of 105.00 feet; thence
South on a line parallel to the West lot line of Lot 29 a
distance of 10.00 feet to a point on the North line of Lot 29,
said point being 37.00 feet East of the Northwest corner of Lot
29; thence West on and along the North line of Lot 29, extended
across vacated Johnson Street, and the North line of Lot 30, a
distance of 105.00 feet to the point of beginning.
and which has Key Number 18- 2003 -0032, 18- 2020 -0590, 18 -2020-
0592, 18- 2020 -0596, 18- 2020 -0599, 18- 2020 -0591, 18- 2020 -0602, 18-
2020 -0605, 18- 2020 - 0.608, 18- 2020 -0611, 18- 2020 -0618, 18 -2020-
0619, 18- 2020 -0620, 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. Jim
Elgin, vice president, 2001 W. Washington made the presentation
for the resolution. He reported they currently have 115
employees, and when this two phase project is completed they will
add six new employees. Council Member Hosinski made a motion to
adopt the resolution, seconded by Council Member Sniadecki. The
resolution was adopted by a roll call vote of nine ayes.
RESOLUTION NO. 2623 -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 3603
REGULAR MEETING
MAY 11, 1998
PROGRESS DRIVE AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A
FIVE (5) YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR KEY PLASTICS, INC.
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 1137 S.
Lafayette Blvd., South Bend, Indiana, and which is more
particularly described as follows:
4.73 AC BEG 195' N OF SE COR SW SE 4.73 AC SEC 33 -38 -2E
and this property has Key Numbers 25 1006 0296, 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
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.
REGULAR MEETING MAY 11, 1998
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.
/s/ Sean Coleman
Member of the Common Council
A public hearing was held on the resolution at this time.
Council Member Kelly reported that the Community and Economic
Development Committee had met on this resolution and recommended
it to the Council favorable. John Fiene, a representative of
Value Techn, made the presentation for the resolution. He
reported that they are a custom injection molder for the
automotive industry. He informed the Council that this project
calls for the purchase of new manufacturing equipment which are
necessary in order to increase production and remain competitive
He advised they will continue to maintain the current level of
minorities. Council Member Aranowski made a motion to adopt this
resolution, seconded by Council Member Pfeifer. The resolution
was adopted by a roll call vote of nine ayes.
Council Member Kelly made a motion to combine public hearing on
the next two resolutions, seconded by Council Member Hosinski.
The motion carried.
RESOLUTION NO. 2624 -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 LOT 2
OLIVE ROAD COMMERCE PARK (6879
ENTERPRISE DRIVE) AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A
TEN (10) YEAR REAL PROPERTY TAX
ABATEMENT FOR ENTERPRISE CENTRE PARTNERS
L.P.
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 6879 Enterprise Dr., South Bend, Indiana, and
which is more particularly described as follows:
LOT NUMBERED 2 OF THE OLIVE ROAD COMMERCE PARK, SECTION ONE
and which has Key Number 04 1011 0187 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.
REGULAR MEETING MAY 11. 1998
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:
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
REGULAR MEETING
MAY 11, 1998
shall be limited to two (2) calendar years from the date of the
adoption of this Resolution by the Common Council.
SECTION VI. The Common Council hereby determines that the
property owner is qualified for and is granted property tax
deduction for a period of ten (10) years.
SECTION VII. The Common Council directs the City Clerk to cause
notice of the adoption of this Declaratory Resolution for Real
Property Tax Abatement to be published pursuant to Indiana Code
5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing
notice of the public hearing before the Common Council on the
proposed confirming of said declaration.
SECTION VIII. This Resolution shall be in full force and effect
from and after its adoption by the Common Council and approval by
the Mayor.
/s/ Sean Coleman
Member of the Common Council
RESOLUTION NO. 2625 -98 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND DESIGNATING
CERTAIN AREAS WITHIN THE CITY OF SOUTH
BEND DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS LOT 3 OLIVE ROAD
COMMERCE PARK (6851 ENTERPRISE DRIVE) AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A TEN (10) YEAR REAL
PROPERTY TAX ABATEMENT FOR ENTERPRISE
CENTRE PARTNERS L.P.
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 6851 Enterprise Dr., South Bend, Indiana, and
which is more particularly described as follows:
LOT NUMBERED 3 OF THE OLIVE ROAD COMMERCE PARK, SECTION ONE
and which has Key Number 25 1006 0296 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.
REGULAR MEETING MAY 11, 1998
SECTION II. The Common Council hereby determines and finds the
following:
A. That the description of the proposed redevelopment or
rehabilitation meets the applicable standards for such
development.
B. That the estimate of the value of the redevelopment or
rehabilitation is reasonable for projects of this nature;
C. That the estimate of the number of individuals who will
be employed or whose employment will be retained by the
Petitioner can reasonably be expected to result from the
proposed described redevelopment or rehabilitation;
D. That the estimate of the annual salaries of those
individuals who will be employed or whose employment will be
retained by the Petitioner can be reasonably expected to result
from the proposed redevelopment or rehabilitation:
E. That the other benefits about which information was
requested are benefits that can be reasonably expected to
result from the proposed described redevelopment or
rehabilitation; and
F. That the totality of benefits is sufficient to justify
the requested deduction, all of which satisfy the
requirements of Indiana Code 6 -1.1- 12.1 -3.
SECTION III. The Common Council hereby determines and finds that
the proposed described redevelopment or rehabilitation can be
reasonably expected to yield benefits identified in the Statement
of Benefits 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 ten (10) years.
SECTION VII. The Common Council directs the City Clerk to cause
notice of the adoption of this Declaratory Resolution for Real
Property Tax Abatement to be published pursuant to Indiana Code
5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing
notice of the public hearing before the Common Council on the
proposed confirming of said declaration.
SECTION VIII. This Resolution shall be in full force and effect
from and after its adoption by the Common Council and approval by
the Mayor.
1s/ Sean Coleman
Member of the Common Council
A public hearing was held on the resolution at this time. John
Phair, 220 W. Colfax, made the presentation for the resolutions.
He reported they planned to build two new speculative buildings,
REGULAR MEETING
MAY 11, 1998
containing 80,000 square feet, with the total cost of both
buildings being approximately $5.1 million. He indicated this
was an important step in the growth the Ameriplex Industrial
Park. Council Member Hosinski made a motion to adopt Resolution
No. 2624 -98, seconded by Council Member Broden. The resolution
was adopted by a roll call vote of nine ayes. Council Member
Hosinski made a motion to adopt Resolution No. 2625 -98, seconded
by Council Member Sniadecki. The resolution was adopted by a
roll call vote of nine ayes.
UNFINISHED BUSINESS
Council Member Hosinski made a motion to set Bill Nos. 27, 30,
31 -98, for public hearing and third reading and refer them to the
Zoning and Annexation Committee, on May 26, seconded by Council
Member Sniadecki. The motion carried.
There being no further business to come before the Council
unfinished or new, Council Member Coleman adjourned the meeting
at 8:32 p.m.
ATTEST: ATTEST:
ity, k President