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HomeMy WebLinkAbout09-09-96 Council Meeting MinutesREGULAR MEETING SEPTEMBER 9 , 19 9 6 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, September 9, 1996, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Pfeifer, Kelly, Broden, Varner, Zakrzewski, Coleman Hosinski and Washington 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 August 26, meeting of the Council and found them correct. Therefore, we recommend the same be approved. Js/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the August 26, 1996, meeting be accepted and placed on file, seconded by Council Member Washington. The motion carried. SPECIAL BUSINESS Council Member Luecke made a motion to set the September 30th special meeting at 4:30 p.m., for the purpose of third reading and voting on the budget, seconded by Council Member Washington. The motion carried. RESOLUTION 2399 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CLAY TOWNSHIP WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Clay Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 27.1 acres of land, located in Clay Township, north of State Road No. 23, west of Ironwood Drive, south of Dunn Road (Hepler Street), east of Willis Avenue; contiguous with the City of South Bend twenty -six percent (26%) of its aggregate external boundaries coinciding with the boundaries of the City of South Bend; approximately ninety -six percent (96 %) subdivided; with a resident population density of excess of three (3) persons per acre; and commercially and residentially zoned. The development of the territory proposed to be annexed will require a basic level of municipal public services, which services shall include services of a non - capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a' capital improvement nature, including street construction, street lighting, water facilities, sewer REGULAR MEETING construction, street lighting facilities, and storm water d to the territory to be annexe those services; (3) the plan of those services; (4) that s be provided to the annexed ar effective date of the annexat in a manner equivalent in sta capital services provided to boundaries of the City of Sou topography, patterns of land to that of the territory to b capital improvement nature wi within three (3) years after in the same manner as those s the corporate boundaries of t characteristics of topography population density similar to and in a manner consistent wi procedures, and planning Grit the employees of other govern eliminated by the proposed an WHEREAS, the Board of Pu Bend, the Board of Public Saf the Board of Water Works Comm have approved a written fisca the provision of services to plan and policy, as it relate the Common Council finds to b NOW, THEREFORE, BE IT RE CITY OF SOUTH BEND, INDIANA, SEPTEMBER 9, 1996 , water facilities, sewer rainage facilities to be furnished 1; (2) the method(s) of financing Eor the organization and extension �rvices of a non - capital nature will �a within one (1) year after the Lon, and that they will be provided idard and scope to similar non - ireas within the corporate :h Bend, that have characteristic of ise, and population density similar s annexed; (5) that services of a _1 be provided to the annexed area :he effective date of the annexation =ices are provided to areas within ie City of South Bend that have .patterns of land use and that of the territory to be annexed :h federal, state and local laws, !ria; and (6) the plan for hiring iental entities whose jobs will be iexation; and lic Works of the City of South ty of the City of South Bend, and ssioners of the City of South Bend plan and established a policy for he territory to be annexed which to the territory to be annexed, in the best interests of the City. VED BY THE COMMON COUNCIL OF THE FOLLOWS: Section I. That it is ii the best interest of the City of South Bend and of the area pr posed to be annexed that the real property located in Clay Town hip, St. Joseph County, Indiana, described in Exhibit "A" atta hed hereto and made a part hereof, be annexed to the City of Sou :h Bend. Section II. That it sha established that it is the po furnish to said territory ser as street and road maintenanc within one (1) year of the of manner equivalent in standard by the City to other areas of of typography, patterns of la density similar to said terri territory services of a capit street construction, street 1 facilities, and storm water f effective date of the annexat services are provided to area the City of South Bend that h, patterns of land use and popu . the territory to be annexed a: Federal, State and local laws 1 be and hereby is now declared and icy of the City of South Bend to -ices of a non - capital nature, such , police and fire protection, ective date of the annexation, in a and scope to the services furnished the City which have characteristics d utilization and population ory; and to furnish to said 1 improvement nature, such as ghting, water facilities, sewer cilities, within three (3) of the on, in the same manner as those within the corporate boundaries of ve characteristics of topography, ation density similar to that of d in a manner consistent with procedures, and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This r o u iqn shall b in full force and effect upon its adoption by AtA_X CoMA0n,C �npil and approval by the Ma y or. , Common Cotfncil 1 1 REGULAR MEETING SEPTEMBER 9, 1996 A public hearing was held on the resolution at this time. Larry Magliozzi, Community and Economic Development, made the presentation for the resolution. He indicated that this was passed several weeks ago, however, it was discovered that the legal description was incorrect, since State law allows for all surround right -of -way to be included in the annexation. He indicated that the fiscal plan has the correct legal description the ordinance was incorrect. He reported that in the next three years sewer mains will be installed to this property. Dave Cherrone, 53712 Pinehurst, spoke against the fiscal plan. He indicated no officials of Clay Township were contact regarding the impact it would have on Township employees. Council Member Luecke made a motion to adopt the resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. 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 7:22 p.m. with nine members present. Chairman Washington presiding. BILL NO. 73 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (IRONWOOD NORTH ANNEXATION) 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 Zakrzewski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. A public hearing was held on the resolution at this time. Larry Magliozzi, Community and Economic Development, made the presentation for the bill. He indicated the annexation bill was in conjunction with the fiscal plan that was just passed. He noted the area to be annexed is 28.6 acres, with no single family homes. He indicated the legal description for the public right -of -way is contained in this bill. Dave Cherrone, 53712 Pinehurst and Joyce Boaler, 1606 Hillsdale, spoke against this annexation. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Broden. The motion carried. BILL NO. 58 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1072 -1078 LINCOLN WAY EAST, 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 tc be heard. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Varner. The motion carried. Council Member Zakrzewski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable, as amended. John Byorni, Area Plan, noted that the petitioner was requesting a zoning to "D" Light Industrial, in order to allow for mini - warehouses. He indicated the site to be rezoning is 4.9 acres, of which buildings will occupy 23 percent; parking and drives 45 percent; and 32 percent will remain open space. He indicated a flood hazard area is present, as Bowman Creek runs through the property, therefore, no building can encroach into this right -of- way, and drainage cannot be put into the Creek without a permit. REGULAR MEETING He reported that the Area Pla the Council with a favorable 24747 Grant Road, made the pr indicated he is a partner in Philip Guilford. He reported property is a pawn shop and a the property is vacant. He i this location for more than t warehouses is a business that He reported that they have no allow for drainage in Bowman Hillsdale; and Jim Cierzniak, this zoning due to traffic pr Coleman made a motion to reco favorable, as amended, second motion carried. BILL NO. 60 -96 A BILL ADOPTI CITY OF SOUTH This being the time heretofor above bill, proponents and op be heard. Council Member Lue substitute bill on file with Member Varner. The motion ca reported that the Zoning and bill and recommended it to th John Byorni, Area Plan, made noted this was an Area Plan i zoning maps, which will be co the Area Plan Commission send favorable recommendation. Co to recommend this bill to the seconded by Council Member Va BILL NO. 62 -96 A BILL AMENDINi ESTABLISHING A] LOCATED AT LEE: INDIANA Council Member Zakrzewski mad, hearing on this bill until Sea Member Broden. The motion ca SEPTEMBER 9, 1996 i Commission sends this petition to °ecommendation. Stephen Krupnik, �sentation for the bill. He :his venture with Scott Hoyt and that the current use for this used car lot, and the majority of idicated he has been in business at Jenty years. He noted that mini -, has very little impact on the area. intention of apply for a permit to ;reek. Joyce Boaler, 1606 1156 E. Victoria, spoke against )blems in the area. Council Member ;amend this bill to the Council �d by Council Member Kelly. The A NEW SET OF ZONING MAPS FOR THE ND, INDIANA set for public hearing on the onents were given an opportunity to ke made a motion to accept the he City Clerk, seconded by Council ried. Council Member Zakrzewski nnexation Committee had met on this Council favorable, as amended. he presentation for the bill. He itiated petition to adopt new puter generated. He indicated that this bill to the Council with a ncil Member Coleman made a motion Council favorable, as amended, ner. The motion carried. 3 THE ZONING ORDINANCE AND V HISTORIC LANDMARK FOR THE PROPERTY PER PARK, IN THE CITY OF SOUTH BEND, a motion to continue public otember 23, seconded by Council cried. BILL NO. 90 -93 A BILL AMENDIN CHAPTER 21, ARTICLE 6.5, SECTION 21 -117.2 OF TH MUNICIPAL CODE OF THE CITY OF SOUTH BEND, IN IANA, ENTITLED HISTORIC PRESERVATION C MMISSION Council Member Coleman made a motion to continue public hearing on this bill until September 3, seconded by Council Member Luecke. The motion carried. BILL NO. 74 -96 A BILL TRANSFERRING $33,250.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Council Member Coleman made a motion to strike this bill, at the request of the petitioner, se onded by Council Member Zakrzewski. The motion carried. BILL NO. 51 -96 PUBLIC HEARING THE CITY OF SO SECTIONS WITHI: ABATEMENT PROC: CODE REPEALING ON A BILL OF THE COMMON COUNCIL OF JTH BEND, INDIANA, AMENDING VARIOUS J CHAPTER 2, ARTICLE 6, ENTITLED TAX �DURES OF THE SOUTH BEND MUNICIPAL ORDINANCE NO. 8668 -96 1 1 1 REGULAR MEETING SEPTEMBER 9. 1996 Council Member Coleman made a motion to continue public hearing on this bill until September 23, seconded by Council Member Zakrzewski. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. — ATTEST: ATTEST: ity C k Chairman 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 8:40 p.m. Council President Kelly presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8716 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (IRONWOOD NORTH ANNEXATION) This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8717 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1072 - 1078 LINCOLN WAY EAST, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to amend this bill as amended in the Committee of the Whole, seconded by Council Member Washington. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. BILL NO. 60 -96 A BILL ADOPTING A NEW SET OF ZONING MAPS FOR THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to amend this bill as amended in the Committee of the Whole, seconded by Council Member Washington. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2400 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3333 WEST LATHROP DR., AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR TOTAL ENTERPRISES, LTD. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3333 W. Lathrop Dr., South Bend, Indiana, and which is more particularly REGULAR MEETING described as follows PARCEL I: A tract of land in the Sout (28), Township Thirty -Eight German Township, St. Joseph follows: Commencing at the southeast c (28); thence south 90 degrees along the south line of said being also the center line of Road) a distance of 990.00 fe minutes 55 seconds east a dis line of Lathrop Street (forme of beginning; thence continui 10 minutes 55 seconds east a 90 degrees 00 minutes 00 seco thence south 00 degrees 00 mi 620 feet to the north line of Road); thence South 90 degree along the north line of said Road) a distance of 449.94 fe EXCEPTING THEREFROM a tract o Section Twenty -eight (28) Tow Two (2) east, German Township described as follows: Beginn section twenty -eight (28); th line of said section twenty -e center line of Lathrop Street North 00 degrees 00 minutes 0 feet to the true place of beg existing north right -of -way c degrees 00 minutes 00 seconds thence North 00 degrees 10 mi 20.00 feet; thence north 90 d distance of 449.88 feet; then seconds west a distance of 20 Subject to legal highways. PARCEL II: A part of the southeast quay Township Thirty -eight (38) n Township, St. Joseph County, Commencing at the southeast c 90 degrees 00 minutes 00 sect line of said Section; thence minutes 00 seconds west 640.0 this description; thence sout West 447.97 feet; thence nort east 151.26 feet; thence sout the left having a radius of 4 chord having a bearing of sou east and a length of 34.56 fe minutes 00 seconds east 412.9 minutes 00 seconds west 150.0 Subject to legal highways. PARCEL III: A part of the southeast quay Township Thirty -eight (38) n Township, St. Joseph County, SEPTEMBER 9, 1996 ast Quarter of Section Twenty -eight 38) North, Range Two (2) East, Runty, Indiana, described as Drner of said Section Twenty -Eight 00 minutes 00 seconds west on and Section Twenty -Eight (28), said line Lathrop Street (formerly Douglas Bt; thence north 0 degrees 10 Lance of 20.00 feet to the north rly Douglas Road) and the true place ag on a bearing of north 0 degrees 3istance of 620 feet; thence north ads east a distance of 447.97 feet; autes 00 seconds west a distance of Lathrop Street (formerly Douglas 3 00 minutes 00 seconds west on and Lathrop Street (formerly Douglas at to the place of beginning, E land in the southeast quarter of aship Thirty -eight (38) North, Range , St. Joseph County, Indiana, ing at the southeast corner of said ance westerly on and along the South fight (28); said line also being the , a distance of 540.00 feet; thence D seconds East a distance of 20.00 inning, said point also being on the f Lathrop Street; thence south 90 West a distance of 449.64 feet; nutes 55 seconds east a distance of agrees 00 minutes 00 seconds east a --e south 00 degrees 00 minutes 00 .00 feet to the place of beginning. r of section twenty -eight (28) th, range two (2) east, German ndiana, described as follows: rner of said section; thence north ds west 540.00 feet along the south orth 0 degrees 00 minutes 00 feet to the point of beginning of 90 degrees 00 minutes 00 seconds 0 degrees 10 minutes 55 seconds easterly 34.57 feet along an arc to 0.00 feet and subtended by a long h 87 degrees 58 minutes 20 seconds t; thence south 90 degrees 00 feet; thence south 0 degrees 00 feet to the point of beginning. r of section twenty -eight (28), th, range two (2) east, German ndiana, described as follows: REGULAR MEETING SEPTEMBER 9, 1996 Commencing at the southeast corner of said section; thence north 90 degrees 00 minutes 00 seconds west 540.00 feet along the south line of said section; thence north 00 degrees 00 minutes 00 seconds west 40.00 feet to the point of beginning of this description; thence north 00 degrees 00 minutes 00 seconds west 750.03 feet; thence north 90 degrees 00 minutes 00 seconds east 44.905 feet; thence easterly 25.96 feet along an arc to the right having a radius of 506.47 feet and subtended by a long chard having a bearing of south 88 degrees 31 minutes 54 seconds east and a length of 25.96 feet; thence south 00 degrees 00 minutes 00 seconds west 749.36 feet; thence north 90 degrees 00 minutes 00 seconds west 70.00 feet to the point of beginning. and this property has Key Number 25 1010 0409, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et seq.; 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 seg., 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 REGULAR MEETING being prescribed by the to justify the deduction 4.5. SEPTEMBER 9, 1996 State Board of Accounts, are sufficient gran 4d under Indiana Code 6- 1.1 -12.1- SECTION III. The Common and recommendation of the Dep+ the Human Resources and Econoi favorable recommendation, tha- designated as Economic Revita: personal property tax deductii Council hereby accepts the report artment of Economic Development, and nic Development Committee's t the area herein described be Lization Area for purposes of Dn for a period of five (5) years. SECTION IV. The Common' ouncil determines that such designation is for personal p operty tax abatement only and shall be limited to two (2) calenda years from the date of the adoption of this Resolution b the Common Council. SECTION V. The Common C uncil hereby determines that the property owner is qualified f r and is granted property tax deduction for a period of fiv (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 resol tion 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 Coleman reported that the Com Committee had met on this bil. favorable. Ernest Szarwark, the resolution. He indicated in the automotive and office they now have forty -seven peo] hire six additional employees equipment in order to be comp, Council Member Coleman made a seconded by Council Member Wa adopted by a roll call vote o: the resolution. Council Member nunity and Economic Development L and recommended it to the Council attorney, made the presentation for Total manufactures tooling for use Eurniture industries. He reported ?le employed and they planned to . He indicated they needed the new stitive with others in their field. motion to adopt this resolution, shington. The resolution was E nine ayes. Council Member Coleman made a motion to combine public hearing on the next two resolutions, sec nded by Council Member Washington. The motion carried. RESOLUTION NO. 2401 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2424 NORTH FOUNDATION DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX WHEREAS, a petition for ABATEMENT FOR NIMET INDUSTRIES real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, In liana requesting that the area commonly known as 2424 N. Fou dation Dr., South Bend, Indiana, and which is more particularlF described as follows: A parcel of land in part of tae south half of Section 28, Township 38 north range 2 eas , German township, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of said Section; thence north REGULAR MEETING SEPTEMBER 9. 1996 90 degrees 00 minutes 00 seconds west 2542.71 feet to the southeast corner of the southwest quarter of said section; thence south 89 degrees 00 minutes 47 seconds east 528.56 feet; thence south 89 degrees 59 minutes 13 seconds east 40 feet to the point of beginning of this description; thence north 0 degrees 00 minutes 47 seconds east 375.00 feet; thence south 89 degrees 59 minutes 13, seconds east 450.00 feet; thence south 0 degrees 00 minutes 47 seconds west 375.00 feet; thence north 89 degrees 59 minutes 13 seconds west 450.00 feet to the point of beginning and containing 3.874 acres, more or less. The bearing of the South line of the southeast quarter of section 28 is assumed north 90 degrees 00 minutes 00 seconds west. and which has Key Number 25 1010 040015 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6- 1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2- 76, et seq., and has .further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C: That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; 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 REGULAR MEETING reasonably expected to yield of Benefits set forth as Sect for Real Property Tax Abateme Statement of Benefits form pr Accounts are sufficient to ju Indiana Code 6 -1.1- 12.1 -3. SEPTEMBER 9, 1996 )enefits identified in the Statement _ons I through II of the Petition it Consideration and that the %scribed by the State Board of stify the deduction granted under 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 Counc °1 hereby determines that the property owner is qualified f rand is granted property tax deduction for a period of six (6) 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/ Roland Kelly Member of the Common Council RESOLUTION NO. 2402 -96 A R THE CER REV W OLUTION OF THE COMMON COUNCIL OF ITY OF SOUTH BEND DESIGNATING IN AREAS WITHIN THE CITY OF SOUTH COMMONLY KNOWN AS 2424 NORTH ATION DRIVE, AN ECONOMIC ALIZATION AREA FOR PURPOSES OF NAL PROPERTY TAX ABATEMENT FOR INDUSTRIES, INC. OF SOUTH BEND. 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 2424 North Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in part of he south half of Section 28, Township 38 north range 2 ea t, German township, St. Joseph County, Indiana, described a follows: Commencing at the southeast corner of said Section; thence north 90 degrees 00 minutes 00 seconds west 2542.71 feet to the southeast corner of the southwest quarter of said section; thence south 89 degrees 00 minutes 47 seconds east 528.56 feet; thence south 89 degrees 59 minutes 13 seconds east 40 feet to the point of beginning of this description; thence north 0 degrees 00 minutes 47 seconds east 375.00 feet; thence south 89 degrees 59 minutes 13, seconds east 450.00 feet; thence south 0 degrees 00 minutes 47 seconds west 375.00 feet; thence north 89 degrees 59 minutes 13 seconds west 450.00 feet to the point of beginning and containing 3.874 acres, more or less. The bearing of the South lin� of the southeast quarter of section 28 is assumed north 90 degre s 00 minutes 00 seconds west. REGULAR MEETING and this property has Key Number 25 1010 an Economic Revitalization Area under the Code 6 -1,1- 12.1 -1 et sea., and South Bend 2 -76 et sea.; and SEPTEMBER 9, 1996 040015, be designated as provisions of Indiana Municipal Code Section 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 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 Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1 -12.1- 4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. REGULAR MEETING SECTION V. The Common C property owner is qualified f deduction for a period of fiv SEPTEMBER 9, 1996 ncil hereby determines that the and is granted property tax (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 resol tion shall be in full force and effect from and after its ado tion by the Common Council and approval by the Mayor. A public hearing was held on Council Member Coleman report Development Committee had met recommended them to the Counc attorney, made the presentati company applies various coati enable products to perform a conditions. He reported they their facility, as well as ad Coleman made a motion to adop by Council Member Luecke. Th call vote of nine ayes. Coun adopt Resolution No. 2402 -96, Washington. The resolution w nine ayes. RESOLUTION NO. 2403 -96 A R THE THE AVE A N WHEREAS, the Board of Public Indiana, (Board), on August 2 ( "Petition ") signed by fifty Bend, requesting that the Boa Mishawaka Avenue, South Bend, Neighborhood Partnership cent agreement with Robert J. Fill year option to renew upon agi of the Common Council he resolutions at this time. d that the Community and Economic on these resolutions and 1 favorable. Ernest Szarwark, n for the bill. He indicated this gs to machinery and equipment to igh tolerances in adverse planned to build an addition to new equipment. Council Member Resolution No. 2401 -96, seconded resolution was adopted by a roll it Member Coleman made a motion to seconded by Council Member s adopted by a roll call vote of OLUTION OF THE COMMON COUNCIL OF ITY OF SOUTH BEND, INDIANA, MINING, AFTER INVESTIGATION THAT EASE OF PROPERTY AT 2214 MISHAWAKA E, SOUTH BEND, INDIANA, FOR USE AS GHBORHOOD PARTNERSHIP CENTER IS SARY. Works of the City of South Bend, 2, 1996, received a petition (50) taxpayers of the City of South rd lease the property at 22145 Indiana, as space for a er, by entering into a lease sy for a term of one year with a one Bement of the parties, with an annual rental not to exceed Five Thousand Three Hundred Ten Dollars ($5,310.00) in the first year and Five Thousand Eight Hundred Forty -one Dollars ($5,841.00) in the option year if the option to renew for the second year is exercised by the City; and further is monthly rental amount may be reduced contingent upon Robert J. Filley receiving a artial tax exemption pursuant to I.C. 36- 1- 10 -18; and WHEREAS, the Board received on August 22, 1996, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1- 10 -7(2) Works entering into a lease Common Council, determine t the lease amount is reasona NOW, THEREFORE, BE IT RESOLV OF SOUTH BEND, INDIANA, as f ires, prior to the Board of Public eement for said premises, that the the premises are needed and that BY THE COMMON COUNCIL OF THE CITY ows: 1 1 REGULAR MEETING SEPTEMBER 9, 1996 1. That the Common Council has conducted a public hearing on this resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this resolution. 2. That the Common Council is desirous of establishing a neighborhood center in the proposed location in order to build stronger neighborhoods by brining municipal and community services directly to the neighborhood. 3. That his property at 2214 Mishawaka Avenue, South Bend, Indiana, contains approximately 1,200 square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4. That on the 22nd day of August, 1996, a Petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 2214 Mishawaka Avenue, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with Robert J. Filley for a term of one (1) year with a one (1) year option to renew upon agreement of the parties, with an annual rental for said premises not to exceed Five Thousand Three Hundred Ten Dollars ($5,310.00) in the first year and Five Thousand Eight Hundred forty -one Dollars ($5,841.00) in the option year if the option to renew for the second year is exercised by the City; and further this monthly rental amount may be reduced contingent upon Robert J. Filley receiving a partial tax exemption pursuant to I.C. 36- 1- 10 -18. 5. That on the 22nd day of August, 1996, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend. 6. That on the 22nd day of August, 1996, a proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein. 7. That having heard all speakers at the presentation and hearing on this Resolution on the 22nd day of August, 1996, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigation, discussions, and consideration by individual Council members, the Common Council of the City of South hereby finds, pursuant to I.C. 36- 1- 10 -7(2), that the lease of property at 2214 Mishawaka Avenue as a Neighborhood Partnership Center, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor is needed. 8. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ls/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Ann Carol- Simons, assistant city attorney, made the presentation for the resolution. She indicated that the purpose of the resolution is to enable the River Park Neighborhood Center to relocate. She indicated their current site is in a basement and is not handicapped accessible. She reported that with this new lease there would be a decrease in the rent. Priscilla McCrum, 601 S. 31st Street, spoke in favor of this lease. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. REGULAR MEETING BILLS, FIRST READING BILL NO. 75 -96 A BILL TO VACA. THE SECOND EAS' WEST FROM THE 1 CUSHING STREET THE FIRST NORT] STREET; THE SEI NORTH OF LINCO: WAY LINE OF NO] RIGHT -OF -WAY 01 OF NORTH CUSHI] SOUTH OF WEST OF -WAY LINE OF RIGHT -OF -WAY L: EAST OF NORTH I ALLEY SOUTH OF RIGHT -OF -WAY L: EAST RIGHT -OF -1 ALLEY WEST OF ] WEST ALLEY SOU' WEST RIGHT -OF -1 THE EAST RIGHT - SOUTH ALLEY WE; SEPTEMBER 91996 'E THE FOLLOWING DESCRIBED PROPERTY: ' -WEST ALLEY NORTH OF LINCOLN WAY TEST RIGHT -OF -WAY LINE OF NORTH TO THE EAST RIGHT -OF -WAY LINE OF [ -SOUTH ALLEY WEST OF NORTH CUSHING !OND AND THIRD EAST -WEST ALLEYS iN WAY WEST FROM THE EAST RIGHT -OF- tTH CUSHING STREET TO THE WEST THE FIRST NORTH -SOUTH ALLEY EAST TG STREET; THE FIRST EAST -WEST ALLEY jNDSEY STREET FROM THE EAST RIGHT - NORTH CUSHING STREET TO THE WEST :NE OF THE FIRST NORTH -SOUTH ALLEY .USHING STREET; THE FIRST EAST -WEST WEST LINDSEY STREET FROM THE WEST :NE OF NORTH SCOTT STREET TO THE TAY LINE OF THE FIRST NORTH -SOUTH TORTH SCOTT STREET; THE THIRD EAST - 'H OF WEST LINDSEY STREET FROM THE TAY LINE OF NORTH SCOTT STREET TO -OF-WAY LINE OF THE FIRST NORTH - >T OF NORTH SCOTT STREET This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on September 23, seconded by Council Member Coleman. The motion carried. BILL NO. 76 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4219 LINCOLN WAY WEST, SOUTH BEND, INDIANA - BEACON BOWL ACQUISITION COMPANY, INC. This bill had first reading. motion to refer this bill to Member Washington. The motio: BILL NO. 77 -96 A BILL LEVYING TAXATION FOR 7 MEET THE NECES SOUTH BEND FOR 1997 Council Member Coleman made a rea Plan, seconded by Council carried. TAXES AND FIXING THE RATE OF E PURPOSE OF RAISING REVENUE TO ARY EXPENSES OF THE CIVIL CITY OF THE FISCAL YEAR ENDING DECEMBER 31, This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing on September 23 with third reading on September 30, seconded by Council Member Coleman. The motion carried. BILL NO. 78 -96 A BILL OF THE BEND APPROPRIA DEFRAYING THE ENTERPRISE FUN INDIANA, FOR T 1997, AND ENDI OUTSTANDING CL TIME WHEN THE OMMON COUNCIL OF THE CITY OF SOUTH ING MONIES FOR THE PURPOSE OF XPENSES OF THE DESIGNATED S OF THE CITY OF SOUTH BEND, E FISCAL YEAR BEGINNING JANUARY 1, G DECEMBER 31, 1997, INCLUDING ALL IMS AND OBLIGATIONS, AND FIXING A AME SHALL TAKE EFFECT This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing on September 23 with third reading on September 30, 'seconded by Council Member Coleman. The motion carried. BILL NO. 79 -96 A BILL APPROPR: DEFRAYING THE ] THE CIVIL CITY :ATING MONIES FOR THE PURPOSE OF ' XPENSES OF SEVERAL DEPARTMENTS OF OF SOUTH BEND, INDIANA FOR THE 1 n 1 REGULAR MEETING SEPTEMBER 9, 1996 FISCAL YEAR BEGINNING JANUARY 1, 1997, AND ENDING DECEMBER 31, 1997, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing on September 23 with third reading on September 30, seconded by Council Member Coleman. The motion carried. BILL NO. 80 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1615 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to. -Cefer this bill to Area Plan, seconded by Council Member Washington. The motion carried. PRIVILEGE OF THE FLOOR Fred Beyer, 201 E. Marion, indicated he was at the meeting talk on Leeper Park. He indicated that his uncle was superintendent of parks from 1903 to 1911. There being no further business to come before the Council, unfinished or new, Council President Kelly adjourned the meeting at 8:40 p.m. ATTEST: 1 F0.0offl-11avw m ATTEST: President