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HomeMy WebLinkAbout12-08-97 Council Meeting MinutesREGULAR MEETING DECEMBER 8. 1997 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, December 8, 1997, 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, Broden, Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: Council Member Kelly 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 November 24, meeting of the Council and found them correct. Therefore, we recommend the same be approved. ls/ David Varner Council Member Coleman made a motion that the minutes of the November 24, 1997, meeting be accepted and placed on file, seconded by Council Member Hosinski. The motion carried. SPECIAL BUSINESS Brother Sage, Verge Gillam, director of the Urban League, reported this project, The Near Westside Action Survey, was developed as a strategy for developing capacity through youth leadership, and has evolved into a multi - faceted endeavor to involve the youth in our community in city planning and neighborhood development. Three members of the action research team; Jessica McManus, Montoan Butler and Alex Adams discussed their participation in this program. They presented each Council Member with a copy of their report. Council vice president Pfeifer reported there are two vacancies on the Development Commission and if any one was interested in serving on that commission, they were to write a letter to that effect and mail it to the City Clerk by December 15. Council Member Coleman 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 7:17 p.m. with nine members present. Chairman Coleman presiding. BILL NO. 95 -97 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 1002 SOUTH TWYCKENHAM DRIVE /1506 RUSKIN STREET, IN THE CITY OF SOUTH BEND, 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 Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, assistant director of Area Plan, reported that the petitioners were requesting a change to Al residential to remodel the structure into a duplex. He advised that the property has been used as an office and residence. He also advised the Council that the Area Plan Commission sends this with a favorable recommendation. Bruce Metzker, 141 Sylvan Glen, made the presentation for the bill. He reported that the REGULAR MEETING DECEMBER 8, 1997 structure was originally built as a duplex and they are asking that it be rezoned for that use. Council Member Varner made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 113 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 6, ENTITLED TAX ABATEMENT PROCEDURES OF THE SOUTH BEND MUNICIPAL CODE 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 Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Mike Beitzinger, economic development specialist, made the presentation for the bill. He reported there is a new State law passed on July 1, that permits the City to declare a residentially distressed area based on only one of seven criteria. He advised this bill amends the Municipal Code in order to take advantage of the new law. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. BILL NO. 114 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE 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 Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Kathy Hubbard- Shead, human resources director, made the presentation for the resolution. She reported this bill amends the Municipal Code in regard to mileage reimbursement. She advised that the new reimbursement will be in accordance with the Internal Revenue Service. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried. BILL NO. 116 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND REGARDING USE OF SURPLUS BOND PROCEEDS AND /OR EARNINGS FROM THE CITY OF SOUTH BEND PARK DISTRICT BONDS OF 1982 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 Coleman reported that the Personnel and Finance Committee and Parks and Recreation Committee had met on this bill and recommended it to the Council favorable. Kay Pola, director of City Finance, made the presentation for the bill. She reported this bill would transfer surplus funds into the Park Maintenance Fund, since the purpose for which the bonds were issued has been accomplished and the bonds have been paid in full. She advised that this was suggested by the State Board of Accounts. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion carried. BILL NO. 117 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING VARIOUS FUNDS OF THE CITY OF SOUTH BEND AND TRANSFERRING THE BALANCES THEREIN TO THE GENERAL FUND OF THE CITY OF SOUTH BEND 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 Coleman reported that the Personnel and REGULAR MEETING DECEMBER 8, 1997 Finance Committee had met on this bill and recommended it to the Council favorable. Kay Pola, director of City Finance, made the presentation for the bill. She reported this bill would close Ovarious funds and transfer the balances into the General Fund, as suggested by State Board of Accounts. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 118 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING THE CITY OF SOUTH BEND BARRETT LAW ACCOUNT 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 Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Kay Pola, director of City Finance, made the presentation for the bill. She reported this bill would close the Barrett Law account, and this closing was also recommended by the State Board of Accounts. Council Member Broden made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried. BILL NO. 119 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CERTAIN MONETARY FRINGE BENEFITS FOR FIREFIGHTERS OF THE CITY OF SOUTH BEND DURING THE CALENDAR YEARS OF 1998, 1999 AND 2000 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 Pfeifer reported that the Health and Public Safety and Personnel and Finance committees had met on this bill and recommended it to the Council favorable. Council Member Pfeifer made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Varner. The motion carried. Luther Taylor, fire chief, made the presentation for the bill. He reported this bill would establish a pay classification for an eight hour instructor and firefighter recruit pay. He advised that the instructor will be a new position, and the recruit pay would allow us to hire applicants at that level and when they complete the recruit school, they can be sworn in as a firefighter. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Broden. The motion carried. BILL NO. 120 -97 A BILL AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED AMBULANCE /MEDICAL USER FEE AND DEDICATED 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 Coleman reported that the Personnel and Finance committees had met on this bill and recommended it to the Council favorable. Council Member Pfeifer made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Varner. The motion carried. Luther Taylor, fire chief, made the presentation for the bill. He reported this bill would increase fees for emergency medical services. He advised the basic fee would be increased to $200, mileage to $5 a mile,.advance life support to $300, non - resident fee to $60 and non - transport would be $75. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Varner. The motion carried. Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Aranowski. The motion carried. REGULAR MEETING RECONVENED REGULAR MEETING DECEMBER 8. 1997 Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:45 p.m. Council Vice President Pfeifer presiding, and eight members present. t ity C1 r c BILLS THIRD READING Chairman ORDINANCE NO. 8853 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 1002 SOUTH TWYCKENHAM DRIVE /1506 RUSKIN STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8854 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 6, ENTITLED TAX ABATEMENT PROCEDURES OF THE SOUTH BEND MUNICIPAL CODE This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8855 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8856 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND REGARDING USE OF SURPLUS BOND PROCEEDS AND /OR EARNINGS FROM THE CITY OF SOUTH BEND PARK DISTRICT BONDS OF 1982 This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8857 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING VARIOUS FUNDS OF THE CITY OF SOUTH BEND AND TRANSFERRING THE BALANCES THEREIN TO THE GENERAL FUND OF THE CITY OF SOUTH BEND This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8858 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING THE CITY OF SOUTH BEND BARRETT LAW ACCOUNT This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Hosinski. REGULAR MEETING DECEMBER 8, 1997 The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8859 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CERTAIN MONETARY FRINGE BENEFITS FOR FIREFIGHTERS OF THE CITY OF SOUTH BEND DURING THE CALENDAR YEARS OF 1998, 1999 AND 2000 This bill had third reading. Council Member motion to amend this bill, as amended in the Whole, seconded by Council Member Hosinski. Council Member Coleman made a motion to pass amended, seconded by Council Member Hosinski a roll call vote of eight ayes. Coleman made a Committee of the The motion carried. this bill, as The bill passed by ORDINANCE NO. 8860 -97 AN ORDINANCE AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED AMBULANCE /MEDICAL USER FEE AND DEDICATED FUND This bill had third reading. Council Member Broden made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to pass this bill, as amended, seconded by Council Member Varner. The bill passed by a roll call vote of eight ayes. RESOLUTION Council Member Hosinski made a motion to combine public hearing on the next two resolutions, seconded by Council Member Sniadecki. The motion carried. RESOLUTION NO. 2530 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 515 WEST IRELAND ROAD, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE INC. 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 515 W. Ireland Rd., and which is more particularly described as follows: A parcel of land located in the Southeast Quarter of the Northeast Quarter of Section 26, Township 37 North, Range 2 East, more particularly described as follows: Beginning at a point on the East -West centerline of said Section 26, a distance of 400.00 feet South 90000'00" West (bearing assumed for this survey) of the southeast corner of said Northeast Quarter of Section 26; thence South 90058107" East, along the West line of said Southeast Quarter of the Northeast Quarter, a distance of 996.17 feet to an iron found this survey 314.00 feet South 0058107" West of a stone found this survey which marks the Northwest corner of said Quarter, Quarter Section; thence North 89044'16" East a distance of 1300.60 feet to a point to the East line of said Northeast Quarter 314.00 feet south 10 30'29" West of a stone found this survey which marks the Northeast corner of said Quarter, Quarter Section thence South 1030129" West along the east line of said Northeast Quarter a distance of 602.31 feet; thence South 90000100" West parallel with said East -West 1 i REGULAR MEETING DECEMBER 8. 1997 centerline a distance of 400.00 feet to an iron found this survey; thence South 1030129" West, parallel with said East line of the Northeast Quarter, a distance of 400.00 feet to the place of beginning. with said real estate having the following Key No. 23 1013 0758, as an Economic Revitalization Area, and Whereas, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -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. Is/ Roland Kelly Member of the Common Council RESOLUTION NO. 2531 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 515 WEST IRELAND ROAD, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 515 W. Ireland Rd, South Bend IN, and which is particularly described as follows: A parcel of land located in the Southeast Quarter of the Northeast Quarter of Section 26, Township 37 North, Range 2 East, more particularly described as follows: Beginning at a point on the East -West centerline of said Section 26, a distance of 400.00 feet South 90000'00" West (bearing assumed for this survey) of the southeast corner of said Northeast Quarter of Section 26; thence South 90058107" East, along the West line of said Southeast Quarter of the Northeast Quarter, a distance of 996.17 REGULAR MEETING DECEMBER 8, 1997 feet to an iron found this survey 314.00 feet South 0058107" West of a stone found this survey which marks the Northwest corner of said Quarter, Quarter Section; thence North 89044116" East a distance of 1300.60 feet to a point to the East line of said Northeast Quarter 314.00 feet south 10 30'29" West of a stone found this survey which marks the Northeast corner of said Quarter, Quarter Section thence South 1030129" West along the east line of said Northeast Quarter a distance of 602.31 feet; thence South 90000'00" West parallel with said East -West centerline a distance of 400.00 feet to an iron found this survey; thence South 1030'29" West, parallel with said East line of the Northeast Quarter, a distance of 400.00 feet to the place of beginning. with said real estate having the following Key No. 25- 1013 -0758 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 /Roland Kelly Member of the Common Council A public hearing was held on the these resolutions. Mike Kaser, vice president of finance, made the presentation for the resolutions. He reported that they have acquired the Wheel Horse Plant from Toro and will spend approximately $1,600,000 to renovate the building and $1,500,000 for new equipment. He advised that the overall objective is to move all our their operation to this new site. Council Member Coleman made a motion to adopt Resolution No. 2530 -97, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of eight ayes. Council Member Coleman made a motion to adopt Resolution No. 2531 -97, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2532 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2520 WEST CALVERT STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE REGULAR MEETING DECEMBER 8, 1997 (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR VALUE PLUS CONSTRUCTION, INC., FOR THE BENEFIT OF: BEVERLY J. KING 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 2530 W. Calvert, South Bend, Indiana, and which are more particularly described as follows: 2520 W. Calvert St. Lots 228 & 229 Homeland, 2nd addition together now known as and having tax key number 18 8103 3877, 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 se-q., 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 REGULAR MEETING DECEMBER 8, 1997 rehabilitated to meet local code standards for habitability. 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. C. That the description of the proposed redevelopment meets the applicable standards for such development. D. That the estimate of the value of the redevelopment is reasonable for projects of this nature. E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; 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 IV. The Common Council further exercises its authority to waive certain compliance requirements of Indian Code 6 -1.1- 12.1 -1 et seq., as permitted by Indiana Code 6 -1.1- 12.1- 11.3(c) to the extent necessary to give effect to this Resolution, with such waiver taking place after public hearing. Without limiting the general scope of this waiver, the Common Council hereby approves Form SB -1 Statement of Benefits and specifically waives the Petitioner's failure to submit said Statement of Benefits to the Common Council before initiating the redevelopment project, in accordance with Indiana Code 6 -1.1- 12.1 -11.3 (a)(2). The Common Council further finds that each of the additional findings required pursuant to Indiana Code 6 -1.1- 12.1 -2 have been met, and that the property located at 2520 W. Calvert Street is declared a residentially distressed area. SECTION V. 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. 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. Tom Ford president of Value Plus Construction, made the presentation for the resolution. He reported that the purchaser was qualified and entitled to this abatement. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Broden. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2533 -97 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 2930 FOUNDATION DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR EATON CORPORATION 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 2930 I 1 REGULAR MEETING DECEMBER 8, 1997 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: A description of 8.2895 acres of land in the North half of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, said 8.2895 acre tract being part of a certain 12.00 acre tract described in Deed Book 593, page 47 of the deed records of said St. Joseph County, said 8.2895 acre tract being more particularly described as follows: Commencing at a PK nail with disc set at the North Quarter corner of said Section 28, thence along the northerly line of said orth half of Section 28, being also the north line of said 12.00 acre tract, north 89059'54" West a distance of 165.00 feet to a PK nail set for the Northwest corner of said 12.00 acre tract; thence along the Westerly line of said 12.00 acre tract, South 00014'02 west a distance of 973.35 feet to a 1 1/4" iron pipe found for the southwest corner of said 12.00 acre tract being also the Southwest corner of the said 8.2895 tract herein described; thence along the southerly line of said 12.00 acre tract, south 89053127" east a distance of 371.17 feet to a 2/4" iron pipe found at the southeast corner of said 12.00 acre tract, being also the southeast corner of the 8.2895 acre tract herein described; thence along the Easterly line of said 12.00 acre tract, north 00o12133" east a distance of 973.60 feet to a 1" iron pipe found at the corner of said 12.00 acre tract, being also the southeast corner of a certain tract of land described in recorded Document No. 9016462; thence along a line of said 12.00 acre tract, being also the southerly line of said recorded Document No. 9016462, north 89055150" West a distance of 370.70 feet to the point of beginning. PARCEL II: A description of a portion of the north half of Section 28, Township 38 north, Range 2 East, St. Joseph County, Indiana, said portion being more particularly described as follows: Commencing at the north quarter, corner of said Section 28, being a PK nail and disc marked "S0307 "; thence along the north line of said Section 28, north 89059154" West, a distance of 165.00 feet to a PK nail and disc set marked "S030711, thence along the westerly line of a certain 12.00 acre tract of land described in Deed Book 593, page 47 on file and of record in the office of the Recorder of St. Joseph County, Indiana, South 00014'02" west, a distance of 1758.58 feet to a 1/ 1/4" iron pipe found for the southwest corner of said 12.00 acre tract of land and the point of beginning of said portion herein describe; thence continuing along the southerly extension of said westerly line, south 00o14102" west, a distance of 20.64 feet to an iron bar set, market "S030711, in the northerly right of way line of proposed foundation drive extension as shown on the plat of Airport Industrial Park, Phase III and IV and recorded as Document No. 7806496; thence along said northerly right of way line, north 89044'58" east a distance of 35.92 feet to a h" iron bar found for the northwesterly corner of a certain tract of land described in recorded Document No. 8822679; thence along the north 89057'43" east a distance of 335.26 feet to an iron bar set; thence along the southerly extension of the easterly line of said 12.00 acre tract of land, north 00012'22" east, a distance of 19.56 feet to a 3/4 iron pipe found at the Southeast corner of said 12.00 acre tract of land; thence along the southerly line of said 12.00 acre tract of land, being also the northerly line of said portion herein described, north 89053127" west, 371.77 feet to the point of beginning. and this property has Key Numbers 18 8006 0288, 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 REGULAR MEETING 2 -76 et sea.: and DECEMBER 8, 1997 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 Citv 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. REGULAR MEETING DECEMBER 8, 1997 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Borden reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Jim Seaver, 2930 Foundation Dr., made the presentation for the resolution. He reported this project is for the purchase and installation of new manufacturing equipment, at an estimate cost of $3,800,000, which will increase the forging capacity and provide the equipment necessary to manufacture truck transmission parts using new technology. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 122 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1001 AND 1005 HICKORY ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Varner made a motion to refer the bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 123 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH: WAL -MART PORTAGE This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set this bill for public hearing and third reading on January 12, seconded by Council Member Broden. The motion carried. BILL NO. 124 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; WARREN & ALETHA ASHLEY PETITION This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set this bill for public hearing and third reading on January 12, seconded by Council Member Sniadecki. The motion carried. BILL NO. 125 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; MEADOW WOOD LIMITED PARTNERSHIP II PETITION This bill had first reading. Council Member Coleman made a motion to the Zoning and Annexation Committee and set this bill for public hearing and third reading on January 12, seconded by Council Member Sniadecki. The motion carried. REGULAR MEETING DECEMBER 8, 1997 BILL NO. 126 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4001 BLOCK OF BRICK ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer the bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 127 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2503 MISHAWAKA AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer the bill to Area Plan, seconded by Council Member Broden. The motion carried. BILL NO. 128-97 A BILL INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1997 This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on December 22, seconded by Council Member Sniadecki. The motion carried. BILL NO. 129 -97 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1997 This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on December 22, seconded by Council Member Sniadecki. The motion carried. BILL NO. 130 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1998, AND ENDING DECEMBER 31, 1998, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Council Member Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on December 22, seconded by Council Member Sniadecki. The motion carried. BILL NO. 131 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 8623 -95 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ADDRESSING SALARIES OF EMPLOYEES OF THE CITY OF SOUTH BEND This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on December 22, seconded by Council Member Sniadecki. The motion carried. BILL NO. 132 -97 A BILL CREATING ARTICLE 5 OF CHAPTER 9 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED HAZARDOUS MATERIAL AND TACTICAL RESCUE TEAMS This bill had first reading. Council Member Varner made a motion to refer this bill to the Health and Public Safety and Personnel 1 C REGULAR MEETING DECEMBER 8, 1997 and Finance committees and set it for public hearing and third reading on January 12, seconded by Council Member Broden. The motion carried. UNFINISHED_ BUSINESS The Council requested the City Clerk to direct a letter to the Morris Civic auditorium and Ampco regarding the fact that the City garage was closed recently when the symphony played at the Morris Civic and there was a major parking problem. The Council indicated they did not want this to happen again. There being no further business to come before the Council unfinished or new, Council vice president Pfeifer adjourned the meeting at 9:12 p.m. ATTEST: it C c ATTEST: President