Loading...
HomeMy WebLinkAbout10-28-96 Council Meeting MinutesREGULAR MEETING OCTOBER 28,1996 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, October 28, 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 October 14, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the October 14, 1996, meetings be accepted and placed on file, seconded by Council Member Varner. The motion carried. SPECIAL BUSINESS Council President Kelly announced that due to November 11 being a holiday, the next Council meeting will be held on November 25. REPORT OF CITY OFFICES Ann Kolata, Redevelopment Director, reported that James Riggs will be giving an update on the Blackthorn Development Area. James Riggs, project manager, discussed the goals that have been established for the corporate park, as well as the fact that 1,789 jobs have been created, with an assessment value increase of $13,500,000. Council Member Luecke made a motion to resolve into the Committee of the Whole, seconded by Council Member Hosinski. 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 Washington presiding. BILL NO. 83 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE 1ST NORTH -SOUTH ALLEY WEST OF WABASH STREET FROM THE NORTH RIGHT -OF -WAY OF WEST EWING AVENUE TO THE SOUTH RIGHT -OF -WAY OF THE 1ST EAST -WEST ALLEY NORTH OF WEST EWING AVENUE RUNNING BETWEEN MEADE AND WABASH STREETS, FOR A DISTANCE OF APPROXIMATELY 120 FEET IN LENGTH AND A WIDTH OF 14 FEET, PART LOCATED IN HOMELAND 2ND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. ALSO, THE 1ST EAST- WEST ALLEY NORTH OF WEST EWING AVENUE FROM THE WEST RIGHT -OF -WAY OF WABASH STREET TO THE EAST RIGHT -OF -WAY OF THE 1ST NORTH -SOUTH ALLEY WEST OF WABASH STREET FOR A DISTANCE OF APPROXIMATELY 129 FEET IN LENGTH AND A WIDTH OF 14 FEET, PART LOCATED IN HOMELAND 2ND ADDITION TO THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING This being the time heretofor, above bill, proponents and op] be heard. Council Member Vari and Property Vacation Committ, due to a lack of a quorum the: Ciao, the petitioner, made th4 indicated he was requesting t] improve the property. Counci: recommend this bill to the Coi Member Hosinski. The motion < OCTOBER 28. 1996 set for public hearing on the ,onents were given an opportunity to ,er announced that the Public Works e had met on this bill, however, e was no recommendation. Angelo presentation for the bill. He is vacation in order to clean and Member Coleman made a motion to ncil favorable, seconded by Council arried. BILL NO. 85 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: O'BRIEN STREET BETWEEN WASHINGTON AND ORANGE STREETS Council Member Coleman made a motion to continue this bill until the November 25 meeting of th Council, at the request of the petitioner, seconded by Counc'1 Member Luecke. The motion carried. BILL NO. 86 -96 A BILL TO VACA THE ALLEY TO B NORTH -SOUTH AL THE SOUTH RIGH THE NORTH RIGH ALLEY SOUTH OF OF APPROXIMATE 14 FEET. PART CITY OF SOUTH This being the time heretofore above bill, proponents and opp be heard. Council Member Varn and Property Vacation Committe recommended it to the Council managing member of Western Ave presentation for the bill. He this vacation for the Bankrupt, reasons. Ann Kolata, Redevelo- this bill. Council Member Broi bill to the Council favorable, Zakrzewski. The motion carries BILL NO. 90 -96 A BILL TO VACAT THE STREET TO B STREET RUNNING LINE OF EAST IR APPROXIMATELY 6 PART LOCATED IN SECTION 30, TOW OF SOUTH BEND, This being the time heretofore above bill, proponents and opp be heard. Council Member Varn committee had met on this bill favorable. Bernard Feeney, la for the bill. He indicated St requesting this vacation in or design to the property. Terry the Krauses, spoke regarding Council Member Hosinski made a the Council favorable, seconder motion carried. BILL NO. 82 -96 A BILL OF THE BEND, INDIANA, MAYOR AND FOR 1997 THE FOLLOWING DESCRIBED PROPERTY: VACATED IS DESCRIBED AS THE FIRST Y WEST OF ST. JOSEPH STREET FROM OF -WAY OF WEST WESTERN AVENUE TO OF -WAY OF THE FIRST EAST -WEST EST WESTERN AVENUE FOR A DISTANCE 198 FEET IN LENGTH AND WIDTH OF CATED IN MARTIN'S ADDITION IN THE ND, INDIANA set for public hearing on the nents were given an opportunity to r reported that the Public Works had met on this bill and avorable. William Panzica, ue Properties, made the indicated they were requesting y Court Building for security ment director, spoke in favor of en made a motion to recommend this seconded by Council Member THE FOLLOWING DESCRIBED PROPERTY: VACATED IS DESCRIBED AS SAMPSON 'ORTH FROM THE NORTH RIGHT -OF -WAY LAND ROAD FOR A DISTANCE OF 7 FEET AND A WIDTH OF 50 FEET. THE WEST HALF, NORTHEAST QUARTER, SHIP 37 NORTH, RANGE 3 EAST, CITY T. JOSEPH COUNTY, INDIANA set for public hearing on the onents were given an opportunity to x reported that the Public Works and recommended it to the Council .d surveyor, made the presentation Joseph Funeral Home was er to allow for a more fluid Wozniak, attorney, representing n agreement for a new driveway. motion to recommend this bill to by Council Member Coleman. The MON COUNCIL OF THE CITY OF SOUTH TTING THE ANNUAL SALARIES FOR THE CITY CLERK FOR CALENDAR YEAR 1 1 1 REGULAR MEETING OCTOBER 28. 1996 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 Luecke reported there was no recommendation from the Personnel and Finance Committee on this bill. Kevin Horton, City Controller, made the presentation for the bill. He indicated by law it was necessary to establish salaries for the mayor and city clerk before the end of the year. At the request of both officials we are asking that there be no change in their salary. Council Member Kelly made a motion to recommend this bill go the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 87 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY 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 Parks and Recreation Committee had met on this bill and recommended it to the Council favorable. Bill Carlton, fiscal officer, for the Park Department, made the presentation for the bill. He indicated that the land in question belongs to the Studebaker Golf Course and it will be sold to the School Corporation for private development. He indicated the Park Board had already approved this sale. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 88 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA The being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke reported that there was no presentation for the bill at the Personnel and Finance Committee meeting so there was no recommendation. Kevin Horton, City Controller, made the presentation for the bill. He indicated this bill lowers the rate for parking on the roof of the parking garages. He indicated the roof parking has been empty for quite a while. He indicated this also lowers the daily rate, in order to get more people parking in the garages. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 89 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING FUNDS BETWEEN CERTAIN ACCOUNTS WITHIN THE PARK DEPARTMENT GENERAL FUND FOR THE OPERATION OF THE POTAWATOMI ZOO GIFT SHOP 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 Parks and Recreation Committee had met on this bill and recommended it to the Council favorable. Bill Carleton, fiscal officer for the Park Department, made the presentation for the bill. He indicated this bill transfers the budget of the Potawatomi Zoo Gift Shop from the Concession division to the Potawatomi Zoo division. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 92 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -7.1 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING THE DESIGNATION OF THE DEVELOPMENT DESIGN ADMINISTRATOR OF THE CITY OF SOUTH BEND This being the time heretofore set for public hearing on the REGULAR MEETING above bill, proponents and op] be heard. Council Member Colo Economic Development Committee recommended it to the Council department, made the presental this position, which was form Economic Development, has bees commissioner's position. Ann Development, spoke in favor o: made a motion to recommend the seconded by Council Member Lu( OCTOBER 28, 1996 )onents were given an opportunity to Oman reported that the Community and had met on this bill and favorable. Jim Markle, building :ion for the bill. He indicated !rly under the Community and t merged with the assistant building Kolata, deputy director of Economic this bill. Council Member Coleman .s bill to the Council favorable, :cke. The motion carried. BILL NO. 51 -96 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 REPEALING ORDINANCE NO. 8668 -96 This being the time heretofor above bill, proponents and op be heard. Council Member Col Economic Development- Committe recommended it to the Council made the presentation for the repealed Ordinance No. 8668 -9 abatement, so there will be n State statutes. Council atto indicated Kathy Dempsey, code Economic Development, have de designated this evening meet Member Luecke made a motion t favorable, seconded by Counci carried. set for public hearing on the onents were given an opportunity to man reported that the Community and had met on this bill and favorable. Council Member Coleman bill. He indicated this bill regarding residential tax question of our compliance with ney, Kathleen Cekanski - Farrand enforcement and Larry Magliozzi, ermined that the twelve areas he necessary criteria. Council recommend this bill to the Council Member Hosinski. The motion Council Member Coleman made aMmotion to rise and report to the Council, seconded by Council ember Varner. The motion carried. Be it remembered that the Comp Bend reconvened in the Counci. the County -City Building at 8 presiding, and nine members p: BILLS, THIRD READING ORDINANCE NO. 8724 -96 AN VACA THE r AVENL 1ST E AVENL STREE 120 E FEET, ADDIS INDIP. RIGH EAST ALLE DIST. ATTEST: Chairman ion Council of the City of South Chambers on the fourth floor of 00 p.m. Council President Kelly 'esent. DINANCE TO VACATE THE FOLLOWING IBED PROPERTY: THE ALLEYS TO BE ED ARE DESCRIBED AS THE 1ST NORTH - ALLEY WEST OF WABASH STREET FROM ORTH RIGHT -OF -WAY OF WEST EWING E TO THE SOUTH RIGHT -OF -WAY OF THE AST -WEST ALLEY NORTH OF WEST EWING E RUNNING BETWEEN MEADE AND WABASH TS, FOR A DISTANCE OF APPROXIMATELY EET IN LENGTH AND A WIDTH OF 14 PART LOCATED IN HOMELAND 2ND ION TO THE CITY OF SOUTH BEND, NA. ALSO, THE 1ST EAST -WEST ALLEY OF WEST EWING AVENUE FROM THE WEST -OF -WAY OF WABASH STREET TO THE RIGHT -OF -WAY OF THE 1ST NORTH -SOUTH WEST OF WABASH STREET FOR _A NCE OF APPROXIMATELY 129 FEET IN H AND A WIDTH OF 14 FEET, PART I [J 1 REGULAR MEETING OCTOBER 28, 1996 LOCATED IN HOMELAND 2ND ADDITION TO THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8725 -96 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH - SOUTH ALLEY WEST OF ST. JOSEPH STREET FROM THE SOUTH RIGHT -OF -WAY OF WEST WESTERN AVENUE TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST -WEST ALLEY SOUTH OF WEST WESTERN AVENUE FOR A DISTANCE OF APPROXIMATELY 198 FEET IN LENGTH AND WIDTH OF 14 FEET. PART LOCATED IN MARTIN'S ADDITION IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8726 -96 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS DESCRIBED AS SAMPSON STREET RUNNING NORTH FROM THE NORTH RIGHT -OF- WAY LINE OF EAST IRELAND ROAD FOR A DISTANCE OF APPROXIMATELY 617 FEET AND A WIDTH OF 50 FEET. PART LOCATED IN THE WEST HALF, NORTHEAST QUARTER, SECTION 30, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Washington made a motion to pass the bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8727 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 1997 This bill had third reading. Council Member Washington made a motion to pass the bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8728 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY This bill had third reading. Council Member Washington made a motion to pass the bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8729 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Washington made a motion to pass the bill, seconded by Council Member Broden. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8730 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGULAR MEETING OCTOBER 28, 1996 TRAN FERRING FUNDS BETWEEN CERTAIN ACCO TS WITHIN THE PARK DEPARTMENT GENE FUND FOR THE OPERATION OF THE POTA ATOMI ZOO GIFT SHOP This bill had third reading. motion to pass the bill, seco: The bill passed by a roll cal. ORDINANCE NO. 8731 -96 AN O: THE i AMEN: MUN I, DESI, ADMI: Council Member Pfeifer made a ded by Council Member Washington. vote of nine ayes. DINANCE OF THE COMMON COUNCIL OF ITY OF SOUTH BEND, INDIANA, ING SECTION 6 -7.1 OF THE SOUTH BEND IPAL CODE CONCERNING THE NATION OF THE DEVELOPMENT DESIGN ISTRATOR OF THE CITY OF SOUTH BEND This bill had third reading. Council Member Luecke made a motion to pass the bill, seconded by Council Member Pfeifer. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8732 -96 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 REPEALING ORDINANCE NO. 8668 -96 This bill had third reading. Council Member Coleman made a motion to pass the bill, seco ded by Council Member Hosinski. The bill passed by a roll cal vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2418 -96 A RE THE BEND AN E PURP INC. OLUTION OF THE COMMON COUNCIL OF ITY OF SOUTH BEND DESIGNATING IN AREAS WITHIN THE CITY OF SOUTH COMMONLY KNOWN AS 1702 WEST NGTON STREET, SOUTH BEND, INDIANA, ONOMIC REVITALIZATION AREA FOR SES OF PERSONAL PROPERTY TAX MENT FOR MANUFACTURING TECHNOLOGY, WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting thaf the area commonly known as 1702 W. Washington, South Bend, Indiana, and which is more particularly described as follows PARCEL 1: A lot or parcel of located in the East Half of t Number Ten (10), Township Num Number Two (2) East, bounded Beginning at a point in the S 78.58 feet West from a point Street extended South would i Washington Avenue thence sout thence North 208 feet to the thence East along the south 1 of 395.87 feet to the place o PARCEL 11: Also beginning at Washington Avenue 7.58 feet W of College Street extended so of Washington Avenue and bein above described tract; thence above described tract 293.6 f 19.69 feet, more or less, to land conveyed to the South Be land in the City of South Bend, e Northeast Quarter of Section er Thirty -seven (37) North, Range y a line running as follows, viz: uth Line of West Washington Avenue here the West line of College tersect the South line of said West 208 feet•, thence West 395.87 feet; outh line of Washington Avenue, ne of Washington Avenue a distance beginning. a point in the South line of West st from a point where the West line th would intersect the South line at the Northeast corner of the South along the East line of the et to an iron stake; thence East he Southwest corner of a tract of d Wholesale Drug Company by deed 1 �I REGULAR MEETING OCTOBER 28, 1996 recorded in Deed Record 333 page 336; thence north 293.6 feet, more or less, to a point in the south line of West Washington Avenue 20 feet East of the place of beginning; thence West 20 feet to the place of beginning, subject, however, to a perpetual easement of right of way in common with the Grantees at all times and for all purposes over the following real estate for the use and benefit of the South Bend Drug Co., Inc.: A part of the East Half (h) of the Northeast Quarter (1/4) of Section Ten (10), Township Thirty -seven (37) North, Range Two (2) East, described as follows: Beginning at a point on the south line of Washington Avenue which is 389.87 feet West of a point which is 7.58 feet West from the West line of College Street extended South to the South line of Washington Avenue; thence due south 133.5 feet; thence Easterly 321.3 feet to a point 130.3 feet due South from the South line of Washington Avenue; thence in a Southeasterly direction 102 feet to an iron stake, which iron state is 208 feet due South from Washington Avenue; thence North 46.2 feet; thence in a northwesterly direction 80.3 feet to a point 100.3 feet due South from the South line of Washington Avenue; thence Westerly 305.6 feet to a point due south 103.5 feet from the South line of Washington Avenue which is 30 feet East of the place of beginning, thence West 30 feet to the place of beginning. and which has Key Numbers 25- 020020002 and 18- 020010005 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 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 that the Petition for Personal 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) 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; REGULAR MEETING (d) any other benefits requested are benef. to result from the manufacturing equips OCTOBER 28, 1996 bout which information was is that can be reasonably expected roposed installation of new ent; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION III. The Common that the proposed new manufac expected to yield the benefit Benefits as set forth in Sect Personal Property Tax Abateme Statement of Benefits form co: being prescribed by the State to justify the deduction gran 4.5. SECTION IV. The Common 1 and recommendation of the Dep the Human Resources and Econoi favorable recommendation, tha- designated as Economic Revita, personal property tax deducti, Council hereby determines and finds uring equipment can be reasonably identified in the State of on 1 through 3 of the Petition for t Consideration and that the pleted by the Petitioner, said form Board of Accounts, are sufficient ed under Indiana Code 6 -1.1 -12.1- 2ouncil 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 V. 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 VI. 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 VII. 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 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 A public hearing was held on Faccenda, Jr., attorney, made resolution. He indicated thi friction welder which will al worldwide basis, as they curr United States, Europe, China Washington made a motion to a Council Member Council Member adopted by a roll call vote o RESOLUTION NO. 2419 -96 A RE THE CERT. BEND TEN WHEREAS, a petition for filed with the City Clerk for of the City of South Bend, In commonly known as 200 block o which is more particularly de he resolution at this time. Phil the presentation for the company is purchasing a new ow them to remain competitive on a ntly sell products throughout the nd South America. Council Member opt the resolution, seconded by Coleman. The resolution was nine ayes. OLUTION OF THE COMMON COUNCIL OF ITY OF SOUTH BEND DESIGNATION IN AREAS WITHIN THE CITY OF SOUTH INDIANA, COMMONLY KNOWN AS THE 200 CHIPPEWA AVENUE AN ECONOMIC ALIZATION AREA FOR PURPOSES OF A 10) YEAR REAL PROPERTY TAX MENT FOR KERASOTES THEATRES COMPLEX eal property tax abatement has been consideration by the'Common Council iana requesting that the area Chippewa, South Bend, Indiana, and cribed as follows: 1 1 1 REGULAR MEETING OCTOBER 28. 1996 A parcel of land being a part of the Northeast Quarter of the Northeast Quarter of Section 26, Township 37 north Range 2 East, Centre Township, St. Joseph County, Indiana, and being more particularly described as follows: Beginning at a point on the East line of said Northeast Quarter of Said Section 26, that is 40.00 feet South 010 57'08" West of the northeast corner of said Quarter Section; thence south 010 57'08" west, along said east line, a distance of 1273.73 feet to the southeast corner of the northeast quarter of said northeast quarter; thence north 89059'38" west, along the south line of said quarter section, a distance of 889.51 feet; thence north 02023127" east, a distance of 898.0 feet; thence north 01004'58" east, a distance of 375.32 feet to a point on the south right -of- way line of Chippewa Avenue; thence south 90000100 east, parallel with the north line of said northeast quarter and along said south right -of -way line, a distance of 888.34 feet to the place of beginning containing 25.88 acres more or less. and which has Key Number 23 1013 0753 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 REGULAR MEETING OCTOBER 28, 1996 requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Coun the proposed described redeve 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. SECTION IV. The Common Counc. recommendation of the Human Ri Committee that the area hereii Economic Revitalization Area , designating this area as an Ei purposes of real property tax it hereby determines and finds that opment or rehabilitation can be enefits identified in the Statement ons I through II of the Petition t Consideration and that the scribed by the State Board of tify the deduction granted under it hereby accepts the report and Bsources and Economic Development a described be designated an and hereby adopts a Resolution ,-onomic Revitalization Area for 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 r and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Coun notice of the adoption of thi Property Tax Abatement to be 5 -3 -1 and Indiana Code 6-1.1 - notice of the public hearing proposed confirming of said d SECTION VIII. This Resoluti from and after its adoption the Mayor. A public hearing was held on Council Member Coleman report Development Committee had met the _Council favorable. John presentation for the resoluti requesting this abatement in movie theater at a cost of $1 constructed on the former Chi Gallivan, director of.real es would be ten to twelve perman fifteen part -time jobs. Coun Farrand, indicated this resol IV., page 2, by adding a new that the proposed project on special exception provisions South Bend Municipal Code. S a considerable period of time meets the obsolescence criter Zakrzewski made a motion to a Council Member Coleman. The Zakrzewski made a motion to a Council Member Coleman. The call vote of eight ayes and o RESOLUTION NO. 2420 -96 A IN SP SO NECE --il directs the City Clerk to cause s Declaratory Resolution for Real Dublished pursuant to Indiana Code 12.1 -2.5, said publication providing before the Common Council on the aclaration. shall be in full force and effect the Common Council and approval by /s/ Roland Kelly Member of the Common Council he resolution at this time. d that the Community and Economic on this bill and recommended it to eddycord, attorney, made the n. He indicated they were rder to build a sixteen (16) screen ,000,000. He reported this will be pewa outdoor theater property. Bob ate for Kerasotes, indicated there nt jobs created and one hundred and it attorney, Kathleen Cekanski- tion should be amended in Section entence "The Council further finds he subject real estate meets the et forth in Section 2 -84 of the id real estate has been vacant for is undeveloped, underutilized, and a of State law." Council Member cept the amendment, seconded by potion carried. Council Member .opt the resolution, seconded by esolution was adopted by a roll .e nay (Council Member Luecke.) OLUTION OF THE SOUTH BEND COMMON IL DETERMINING, AFTER TIGATION, THAT THE LEASE OF OFFICE FOR THE OFFICES OF THE CITY OF BEND DEPARTMENT OF ECONOMIC OPMENT, DIVISION OF PLANNING IS SARY 1 Ll 1 REGULAR MEETING OCTOBER 28, 1996 WHEREAS, the Board of Public Works of the City of South Bend, Indiana ( "Board "), on October 28, 1996, received a Petition signed by fifty (50) owners of real property of the City of South Bend, requesting that the Board provide office space for the offices of the City of South Bend, Department of Economic Development, Division of Planning, by entering into a Lease Agreement with the 1st Source Bank of South Bend, Indiana, for approximately 2498 square feet within the building known as the First Bank Building, 205 W. Jefferson, South Bend, Indiana, for A term of one (1) year, with an annual rental of Twenty -seven Thousand Four Hundred Seventy -eight Dollars ($27,478) with an option to renew for two (2) additional one -year (1) periods years at this same rental; and WHEREAS, the Board also received, on October 28, 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, pursuant to IC 36- 1 -10 -7 (2) requires, prior to the Board of Public Works entering into such a lease agreement, that the Common Council, after investigation, determine that the same is needed. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND COMMON COUNCIL, AS FOLLOWS: 1. That the Common Council has conducted a public hearing on this resolution, and has heard persons desiring to speak in favor and opposed to the adoption of this resolution. 2. That the Common Council finds that the City of South Bend does not have adequate space available in the County -City Building located at 227 West Jefferson Boulevard, South Bend, Indiana, to house and staff and operations of the Department of Economic Development, Division of Planning ( "Department "). 3. That the most efficient and cost effective allocation of resources warrants the continued lease of office space outside the County -City Building. 4. That approximately 2498 square feet of office space is available within the building known as the First Bank Building, 205 West Jefferson Boulevard, South Bend, Indiana, and is proposed to be leased to the City of South Bend for the use of the Department. 5. That on October 28, 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 it provide office space for the offices of the City of South Bend department of Economic Development, division of Planning, by entering into a lease agreement with the 1st Source Bank of south Bend, Indiana, for approximately 2498 square feet within the building known as the First Bank Building, 205 West Jefferson Boulevard, South Bend, Indiana, for an annual rental of Twenty -seven Thousand Four Hundred Seventy -eight Dollars ($27,458.00). 6. That on October 28, 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. 7. That on October 28, 1996, a proposed Lease Agreement was filed within the Board of Public Works. 8. That having heard all speakers at the presentation and REGULAR MEETING hearing on this resolution o having taken into considerat in documents and presentatio investigations, discussions Council members, the South B pursuant to I.C. 36- 1 -10 -7 ( space for the offices of the Economic Development, Divisi petitioned by the fifty (50) as certified by the St. Jose 9. This resolution s and after its adoption by Mayor. A public hearing was held on Larry Magliozzi, assistant di presentation for the resolutj will soon expire for their of renegotiate the lease and acc Member Pfeifer made a motion by Council Member Coleman. call vote-of nine ayes. BILLS, FIRST READING OCTOBER 28, 1996 the 28th day of October, 1996, and Dn facts adduced at this hearing and s, as well as all personal ad consideration by individual ad Common Council hereby finds ), that the provision of office Zity of South Bend, Department of a of Planning by lease, as taxpayers of the City of South Bend, h County Auditor, is needed. be in full force and effect from Common Council and approval by the fs/ Roland Kelly Member, South Bend Common Council the resolution at this time. rector of Planning, made the on. He indicated the current lease fices, and it was necessary to uire additional space. Council to adopt this resolution, seconded he resolution was adopted by a roll BILL NO.93 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $109,847 FROM THE PROJECT RELEAV FUND 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 and third reading on November 25, seconded by Council Member Coleman. UNFINISHED BUSINESS Council Member Coleman made motion to set Bill No. 76 -90 for public hearing and third rea ing on November 25, and refer it to the Zoning and Annexation Co ittee, seconded by Council Member Luecke. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victo ia, discussed the referendum to remove the South Bend Water orks from the authority of the Regulatory Commission. 7 Wayne Leszczynski, 714 S. 28th, thanked the for the cleanup of Lincoln Way West. There being no unfinished or at 8:55 p.m. ATTEST: City Cl �7 further busin ss to come before the Council new, Council P esident Kelly adjourned the meeting ATTEST: President 1 !1 1