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HomeMy WebLinkAbout11-25-96 Council Meeting MinutesREGULAR MEETING NOVEMBER 25, 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, November 25, 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, Broden, Varner, Zakrzewski, Coleman, Hosinski (Council Member Washington resigned as he was elected to the State Senate) Absent: None SPECIAL BUSINESS Council Member Coleman reported that the Community and Economic Development Committee will be taking applications until December 9, 1996, from citizens who are interested in serving on the committee. RESOLUTION NO. 2421 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING CLEOPHUS "CLEO WASHINGTON FOR HIS DEDICATED YEARS OF SERVICE AS A SOUTH BEND COMMON COUNCIL MEMBER WHEREAS, the Common Council of the City of South Bend, Indiana, proudly acknowledges that Cleophus "Cleo" Washington was elected to the Indiana State Senate District 10 seat, and was officially sworn in to take over those duties during a State House ceremony on Tuesday, November 19, 1996, in Indianapolis, Indiana; and WHEREAS, the City of South Bend, Indiana, is indeed fortunate to have had Council Member Washington as its Second District Council Member for four (4) years of dedicated public service; and approximately one (1) year of further public service as a Council Member -at- Large; and WHEREAS, over the course of Council Member Washington's five (5) years of service, he served on many Council committees and chaired the important Health and Public Safety Committee which worked closely with the South Bend Police and Fire Departments; and WHEREAS, Council Member Washington's dedication to ensuring that every person's constitutional rights are protected was especially evident when the Common Council deliberated on the important issue of city redistricting; and WHEREAS, it is sincerely believed that the Common council of the City of South Bend has lost a young, dedicated and hardworking public servant, but the State of Indiana has gained a dedicated State Senator who will proudly and effectively serve our residents. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. On behalf of all of the residents of the City of South Bend, Indiana, the South Bend Common Council thanks and commends Council Member Cleophus "Cleo" Washington for his five (5) years of dedicated service to our city as an elected public official. SECTION II. The City of South Bend believes that Council Member Washington brought a vital voice to the Council deliberations which helped shape a future based on clear vision and learned decision - making. SECTION III. The Common C Co success as he embarks on his new the Indiana State Senate Distr c c his wife, Marissa, good health a a into the future. SECTION IV. This resolut o o effect from and after its adop i i approval by the Mayor. James Aranowski, Member Charlotte Pfeifer, Member Roland Kelly, Member John Broden, Member ATTEST: Loretta Duda, City Clerk Kathleen Cekanski - Farrand, Cou c c A public hearing was held on the Council Member Kelly read the r re Washington. The Council all t a a Council Member Luecke made a mot acclamation, seconded by Counc 1 1 carried. Jack Reed, administr t t presented Mr. Washington a key t t REPORT OF CITY OFFICES Sam Hensley, director of trans o o Releaf. He reported that as o Department had picked up 72,60 reported that due to a coopera i i Services, a heat containment u i i leaf vacuums to operate in fre z z that weather permitting the pr g g pass through this week. Cou c c for this presentation, as well a a development the new heat contain Council Member Coleman made a ino Committee of the Whole, seconded The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Bend met in the Committee of the members present. Chairman pro t t BILL NO. 85 -96 A BILL TO VACATE O'BRIEN STREET 13E STREETS This being the time heretofore s s above bill, proponents and opp n n be heard. Council Member Varn l r and Property Vacation Committe it to the Council favorable. i lo r James Elgin, general manager o to relocate from Mishawaka to ancil wishes Cleo continued career as the State Senator for t 10, and further wishes him and ad happiness many, many years a shall be in full force and 3n by the Common Council and David Varner, Member Andrew Ujdak, Member Sean Coleman, Member John Hosinski, Member Rod Sniadecki, Member Steve Luecke, Mayor it Attorney resolution at this time. solution and presented it to Mr. eked and congratulated him. ion to adopt this resolution by Member Coleman. The motion ive assistant to the Mayor, D the City. rtation, spoke on Operation November 22, the Street --ubic yards of leaves. He also ve effort with Equipment t was developed which enabled ing weather. Mr. Hensley noted ram will continue with its fourth it Members thanked Mr. Hensley s departmental efforts to nent unit. tion to resolve into the by Council Member Zakrzewski. Council of the City of South Whole at 7:25 p.m. with eight am Coleman presiding. PHE FOLLOWING DESCRIBED PROPERTY: rWEEN WASHINGTON AND ORANGE at for public hearing on the ans were given an opportunity to reported that the Public Works net on this bill and recommended 11 Faust, engineering manager and Uniroyal, indicated they planned ath Bend. He reported that the allow the expansion of their across the street. Council acommend this bill to the Council amber Zakrzewski. The motion I 1 1 BILL NO. 62 -96 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT LEEPER PARK, IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing the above bill, proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski reported that the Zoning and Annexation Committee met on this bill and recommended it to the Council with favorable. James Ed Talley, member of the Historic Preservation Commission, made the presentation for the bill. He showed a slide presentation giving the history of Leeper Park. Phil St. Clair, superintendent of parks, made spoke in favor of the bill, indicating it would be a good move for the City. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Broden. The motion carried. BILL NO. 76 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4210 LINCOLN WAY WEST, SOUTH BEND, INDIANA - BEACON BOWL ACQUISITION COMPANY, INC. This being the time heretofore set for public hearing the above bill, proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski reported that the Zoning and Annexation Committee met on this bill and recommended it to the Council with favorable. Council Member Zakrzewski made a motion to accept the substitute bill on bill with the City Clerk, seconded by Council Member Varner. The motion carried. John Byorni, Area Plan, reported that the petitioner is requesting this zone change to correct errors in the original 1977 zoning. John Ford, attorney, for the petition, made the presentation for the bill. He indicated this property has changed hands and it was discovered there was an error in the legal description, which was clearly a mistake. He submitted a letter from the Building Commissioner, that this was a legal non - conforming use of this property. Mr. Ford indicated the rezoning was sought to bring the entire area into conformance. Council Member Luecke made a motion to send the bill to the Council favorable, as amended, seconded by Council Member Hosinski. 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 being the time heretofore set for public hearing the above bill, proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski reported that the Zoning and Annexation Committee met on this bill and recommended it to the Council unfavorably. John Byorni, Area Plan, reported the petitioner was requesting this rezoning to allow for a video rental and sales store. He indicated the property contains a vacant bank building. He reported that the Area Plan Commission sends this bill to the Council with a favorable recommendation. Tom Reynolds, regional manger of Family Video, made the presentation for the bill. He advised that Family Video was founded in 1978, and was a family owned business. He informed the Council that were some landscape and curb cut issues that have been addressed. Elsie Hogan, 1707 Portage, indicated that the building will cheap looking like the one in Niles, and they will sell x -rated videos and pornography. Mr. Reynolds reported that the building in Niles was remodeled by Family Video, and they intend to building anew building at the Portage site. After discussion by the Council, Council Member Luecke made a motion that this bill be sent to the Council with an unfavorable recommendation, seconded by Council Member Broden. The motion failed on a roll call vote of four ayes and four nays. Council Member Hosinski made a motion that this bill be sent to the Council with a favorable recommendation, seconded by Council Member Zakrzewski. The motion failed on a vote of four ayes and four nays. The Council informed Mr. Reynolds that they would have a ninth member by December 23, and he could request a continuance until that time. Ile asked for the continuance. Council Member Hosinski made a motion that this bill be continued to December 23, at the request of the petitioner, seconded by Council Member Kelly. The motion carried. BILL NO, 93 -96 A BILL OF THE BEND, INDIANA, PROJECT RELEAF This being the time heretofore above bill, proponents and opp be heard. Council Member Luec Finance Committee had met on t Council favorable. Sam Hensle the presentation for the bill. appropriates funds for Project Council Member Luecke made a m sent to the Council favorable, Zakrzewski. The motion carrie COUNCIL OF THE CITY OF SOUTH RIATING $109,847 FROM THE set for public hearing on the nents were given an opportunity to e reported that the Personnel and is bill and recommended it to the director of transportation, made He reported this will Releaf to cover 1996 expenses. tion to recommend this bill be seconded by Council Member Council Member Zakrzewski made a motion to rise and report to the Council, seconded by Council M mber Luecke. The motion carried. REGULAR MEETING RECONVENED Be it remembered that the Comm Bend reconvened in the Council the County -city Building at 8: presiding and eight(8) members BILLS, THIRD READING ORDINANCE NO. 8733 -96 AN This bill had third reading. to pass the bill, seconded by passed by a roll call vote of ORDINANCE NO. 8734 -96 AN IND n Council of the City of south Chambers on the fourth floor of 0 p.m. Council President Kelly present. INANCE TO VACATE THE FOLLOWING BED PROPERTY: O'BRIEN STREET N WASHINGTON AND ORANGE STREETS uncil Member Luecke made a motion until member Coleman. The bill ght ayes. INANCE AMENDING THE ZONING NCE AND ESTABLISHING AN HISTORIC RK FOR THE PROPERTY LOCATED AT PARK, IN THE CITY OF SOUTH BEND, This bill had third reading. ouncil Member Luecke made a motion to pass the bill, seconded by ouncil member Coleman. The bill passed by a roll call vote of ight ayes. ORDINANCE NO. 8735 -96 AN L This bill had third reading. motion to amend this bill, as Whole, seconded by Council Me Council Member Pfeifer made a amended, seconded by Council roll call vote of eight ayes. ORDINANCE NO. 8736 -97 AN THE APP This bill had third reading. motion to pass this bill, se bill passed by a roll call v INANCE AMENDING THE ZONING NCE FOR PROPERTY LOCATED AT 4210 N WAY WEST, SOUTH BEND, INDIANA BOWL ACQUISITION COMPANY, INC. ouncil Member Coleman made a mended in the Committee of the er Luecke. The motion carried. otion to pass the bill, as mber Luecke. The bill passed by a INANCE OF THE COMMON COUNCIL OF TY OF SOUTH BEND, INDIANA, RIATING $109,847 FROM THE PROJECT FUND uncil member Zakrzewski made a ed by Council Member Varner. The of eight ayes. 1 1 1 RESOLUTIONS RESOLUTION NO. 2422 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 200 BLOCK OF WEST BLOCK OF WEST CHIPPEWA AVENUE, TO BE AN ECONOMIC REVITALIZATION AREA FOR THE PURPOSE OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR KERASOTES THEATRES COMPLEX 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 200 Block of West Chippewa, South Bend IN, and which is particularly described as follows: A parcel of land being a part of the northwest 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 36, that is 40.00 feet south 01057108" west of the northeast corner of said quarter section; thence south 01057108" west, along said east line a distance of 1273.37 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 02023'27" east, a distance of 898.06 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. with said real estate having the following Key No. 23- 1013 -0753 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 seer. SECTION III. This Resolution hall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of A public hearing was held on t Council Member Varner made a m inserting the word "West" in t found in the title and in the Council Member Zakrzewski. Th attorney, made the presentatio the petitioners propose to bui theater which will house sixte and nine hundred parking space $10,000,000. Council Member C resolution, as amended, second Council Member Luecke announce time for the abatement. The r call vote of seven ayes and on RESOLUTION NO. 2423 -96 A RES A DEC WITHI KNOWN E MCI Common Council e resolution at this time. tion to amend the resolution by e address of the Petitioner as ody of the resolution, seconded by motion carried John Peddycord, for the resolution. He stated d a 62,000 square foot indoor n screens, three thousand seats, at an estimated cost of leman made a motion to adopt the d by Council Member Zakrzewski. he was opposed to the length of solution was adopted by a roll nay (Council Member Luecke). ,LUTION CONFIRMING THE ADOPTION OF ARATORY DESIGNATING CERTAIN AREAS THE CITY OF SOUTH BEND COMMONLY AS 2422 VIRIDIAN DRIVE, TO BE AN [IC REVITALIZATION AREA FOR THE E OF A THREE (3) YEAR REAL VY TAX ABATEMENT FOR JOHN AND LAI- 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 Resolut on designated the area commonly known as 2422 Veridian Drive, outh Bend IN, and which is particularly described as foll ws: That part of the southeas quarter of Section 28, T. 38 N., R.2 E., City of South Ben , St. Joseph County, Indiana which is described as: Beginning at a point whic right -of -way line of Bend Viridian Drive which is N point on the south line o 90000100" W. (assumed bea: monument box marking the thence around a 40.00 rad distance of 72.33 ft. to 51046'11" W. and having a around a 210.00 ft. radiu distance of 77.97 ft. to 65047120" and having a di a 586.97 ft. radius curve 357.00 ft. to the end of and having a distance of 268.26 ft.; thence N. 000, 69o21101" E. 771.91 ft; (' 00002106" E., 152.84 ft.; ft.; thence S. 00002106" E., 125.00 ft.; thence S. point of beginning. Cont with said real estate having an Economic Revitalization A � is the intersection of the west .x Drive and the North line of 00002106" W., 771.89 ft. from a said Section which is N. ing), 40.00 ft. from an iron in a southeast corner of said section; .us curve to the right an arc .he end of a chord which bears S distance of 62.87 ft.; thence curve to the right an arc .he end of a chord which bears N. tance of 77.52 ft.; thence around to the left an Arc distance of chord which bears N. 72034'35" W. 51.52 ft.; thence S. 90000'00" W., 2117" E., 169.87 ft.; Thence N. 71.89 ft., record); thence N. thence S. 90000'00" W., 125.00 ., 264.00 ft.; thence N. 90000100" 0002106" E., 123.38 ft. to the .fining 4.92 acres. e following Key No. 25 -1010- 040804 ; and WHEREAS, notice of the adoptio�ouncil of a Declaratory Resolution and the public hearing before the has been published pursuant 1 1 to Indiana Code 6 -1.1- 12.1= Z.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. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 2215 -95, on January 23, 1995; and WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. 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 and its Confirmatory 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 three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council property owner is qualified for deduction for a period of three that the petition complies with Municipal Code of the City of S, 12.1 et sea. hereby determines that the and is granted Real property tax (3) years, and further determines Chapter 2, Article 6, of the Duth Bend and Indiana Code 6 -1.1- 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 resolution at this time. Council Member Coleman reported that the Community and Economic Development Committee met on the resolution and recommended it to the Council favorable. Council Member Coleman made a motion to accept the substitute resolution on file with the City Clerk, seconded by Council Member Luecke. The motion carried. John Gould, petitioner, made the presentation for the resolution. He indicated they were requesting a one year extension to allow for completion of Phase II of the project. He noted that the project is fifty percent complete. Council Member Coleman made a motion to adopt the resolution, as amended, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2424 -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 1919 S. MICHIGAN, AN ECONOMIC REVITALIZATION AREA FOR THE PURPOSE OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR APS, INC., DBA SERGIO'S POOLS AND SPAS WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 1919 S. Michigan , South Bend, Indiana, and which is more particularly described as follows: Key No. Legal Description 18 -8010- 045501 S h LOT 3& N h VAC ALLEY STOVER & WI 18 -8010 -0456 1 /2V 18- 8010 -0461 30 18- 8010 -0462 30 STO' 18- 8010 -0463 LOT STO with said real estate having Economic and which has Key Number as s Economic Revitalization Area 6 -1.1- 12.1 -1 et. seq. and Sou Et Seq. Whereas, the Department concluded an investigation an sufficient for the Common Cou qualifies as an Economic Revi 6 -1.1- 12.1 -1, et seq., and So 76, et seq., and has further boundaries and such other inf question as required by law; RER ADDITION ALLEY BET LOTS 3& 4 ALL LOT 4 R & WITWER ADDITION N SIDE LOT 5 STOVER & WITWER ADD. . S SIDE LOT 5 10 FT N SIDE LOT 6 R 7 WITWER ADD. EX 10 FT. N SIDE R & WITWER ADD. following Key No. (see above) an ed above be designated as an er the provisions of Indiana Code Bend Municipal Code Sections 2 -76 f Economic Development has prepared a report with information cil to determine that the area alization Area under Indiana Code th Bend Municipal Code Sections 2- repared maps and plats showing the rmation regarding the area in 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 R City of South Bend, Indiana, SECTION I. The Common Counci the Petition for Real Propert Benefits form completed by th of Indiana Code 6- 1.1- 12.1 -1 relevant provisions of South seq., for tax abatement. SECTION II. The Common Counc: following: A. That the description rehabilitation meets the development. VED by the Common Council of the follows: hereby determines and finds that Tax Abatement and the Statement of Petitioner meet the requirements t seq., and qualifies under the end Municipal Code Sections 2 -76 et hereby determines and finds the of the proposed redevelopment or applicable standards for such B. That the estimate ofathe value of the redevelopment or rehabilitation is reason ble 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 Counc the proposed described redeve] reasonably expected to yield t of Benefits set forth as Sect for Real Property Tax Abatemei Statement of Benefits form pr( Accounts are sufficient to ju: Indiana Code 6 -1.1- 12.1 -3. :il hereby determines and finds that .opment or rehabilitation can be )enefits identified in the Statement .ons I through II of the Petition Lt Consideration and that the :scribed by the State Board of otify the deduction granted under 1 1 SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly_ Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Council Member Coleman reported that the Community and Economic Development Committee had met on the resolution and recommended it to the Council favorable. Al Scott, a partner in APS, made the presentation for the resolution. He indicated the purpose of this abatement was to add a 8,000 square foot addition to the existing building and remodel Sergio Pools & Spas and First Response Construction, at a cost of approximately $100,000. Council Member Coleman made a motion to adopt the resolution, as amended, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2425 -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 1137 S. LAFAYETTE BLVD., AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR EXACTO, 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 1137 S. Lafayette Blvd., South Bend, Indiana, and which is more particularly described as follows: Beginning at the SW corner of Lot 7, Stull's Second Edition; Thence N along E right -of -way of an alley a distance of 336.06 feet + or - to a point; said point being the NW corner of the S of Lot 64, South Bend City Edition; thence E along the northern boundary of said h of Lot 64 which is on the western right -of -way of Lafayette Blvd.; thence, S a distance of 275 feet + or - to the SE corner of Lot 6, Stull's Second Edition; Thence, W a distance of 125 feet to a point; thence, S 66 feet to a point; thence, W 40 feet to a point of beginning. All being within the City of South Bend, County of St. Joseph, State of Indiana. and this property has Key Numbers 18 8006 0288, 18 8002 0115, 18 8006 0282, 18 8006 028201, 18 8006 0285, 18 8006 028501, 18 8002 0116, be designated as an Ecoi provisions of Indiana Code 6 -: Municipal Code Section 2 -76 el WHEREAS, the Department concluded an investigation any sufficient for the Common Cou: qualifies as an Economic Revi- 6 -1.1- 12.1 -1, et seq., and So 76 et sea.. and has further pr, boundaries and such other inf, question as required by law; , omic Revitalization Area under the ,1- 12.1 -1 et sea., and South Bend sea.: and f Economic Development has prepared a report with information cil to determine that the area alization Area under Indiana Code th Bend Municipal Code Sections 2- pared maps and plats showing the rmation regarding the area in 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. - 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 car be reasonably expected to result from the proposed i stallation 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 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 III. The Common and recommendation of the Dep� the Human Resources and Econoi favorable recommendation, tha- designated as Economic Revita. personal property tax deducti, ouncil 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- Council hereby accepts the report rtment of Economic Development, and is Development Committee's the area herein described be ization Area for purposes of n 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 Cc property owner is qualified ft deduction for a period of five acil hereby determines that the and is granted property tax (5) years. 1 1 SECTION VI. The Common :-Council,-Airects 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 Coleman reported that the Community and Economic Development Committee had met on this resolution and recommend it to the Council favorable. Gunther Jordan, President of Exacto, and his son Andy, who is on the Board of Directors, made the presentation for the resolution. Gunther Jordan indicated this is a family owned business which has been in the Studebaker Corridor for Twenty -six years. He noted that the worked with the Urban Enterprise Zone and actually employ four (4) zone residents. He explained they manufacture components for diesel injection systems, and in order to stay competitive they need new equipment with an estimated value of $863,000. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2426 -96 A RESOLUTION CONSENTING TO THE TRANSFER OF JURISDICTION TO ST. JOSEPH COUNTY, INDIANA REGARDING ECONOMIC DEVELOPMENT FACILITIES AND THE ISSUANCE OF ST. JOSEPH COUNTY ECONOMIC DEVELOPMENT REVENUE BONDS (WESTERN MANOR COMMUNITY AND COLBY HOMES COMMUNITY) WHEREAS, the City of South Bend, Indiana, (the "City "), is a municipal corporation and political subdivision of he State of Indiana and by virtue of Ind. Code §36- 7 -12 -22 is authorized and empowered to adopt this Resolution; and WHEREAS, Western Manor Community, an Indiana Limited Partnership (Western Manor) and Colby Homes Community, an Indiana Limited Partnership (Colby), with principal offices located in South Bend, Indiana, at 425 N. Michigan Street, presently intends to finance the renovation of affordable residential apartment to finance the renovation of affordable residential apartment facilities which are located in the City of South Bend and to develop Day Care and Computer Learning facilities to serve the residents of such housing at boh Western and Colby which comprise "economic development facilities" within the meaning of IND Code §36 -7- 11.9 -3 through the issuance of economic development revenue bonds pursuant to the provisions of Ind. Code §36 -7 -12 et seq., as amended (the "Act); and WHEREAS, there is a need to preserve affordable rental housing units within St. Joseph County; and WHEREAS, due to the County -wide purposes served by said facilities, the Common Council of the City of South Bend wishes to transfer jurisdiction over said facilities and the financial thereof pursuant to the Act to St. Joseph County. IND. code §36- 7-12-22(b) provides in relevant part that "...economic development facilities that are to be located within the corporate boundaries of a municipality may not be financed by a County without the consent of the fiscal body of the municipality..." NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA THAT: The Common Council consei IND. Code §36- 7- 12 -22(b) to t] residential apartment facilit: and its Economic Development c respect thereto is hereby trai Indiana. This resolution shall be immediately upon its adoption by the Mayor. Dated this 25th day of A public hearing was held on Brooks Brademas, 425 N. Michi resolution. He indicated he for low to moderate income fa years, and these facilities n that HUD has informed us they therefore, filing for an allo enable them to secure these f had similar projects and they in St. Joseph County and have these developments. Council adopt this resolution, second resolution was adopted by a r BILLS. FIRST READING BILL NO. 94 -96 A BILL AM PROPERTY BEND, IND This bill had first reading. motion to refer this bill to Member Luecke. The motion ca BILL NO. 95 -96 A BILL AM PROPERTY THE CITY This bill had first reading. motion to refer this bill to Member Luecke. The motion ca: BILL NO. 96 -96 A BILL AP: THE ECONO] SPECIAL I] ACTIVITIE JANUARY 1 ts, pursuant to the provisions of e financing of said affordable es by St. Joseph County, Indiana, ommission, and jurisdiction with sferred to St. Joseph County, in full force and effect by the Common Council and approval r 1996 of the Common Council he resolution at this time. T. an, made the presentation for the as developed and managed housing ilies for the past twenty -eight ed to be upgraded. He reported do not have the necessary funds, ation of bonding authority would nds. He indicated that Mishawaka would group all three developments the County act as the agent for [ember Zakrzewski made a motion to d by Council Member Coleman. The ,11 call vote of eight ayes. ING THE ZONING ORDINANCE FOR ATED AT 2025 EDISON, E, SOUTH Council Member Coleman made a .rea Plan, seconded by Council ried. ING THE ZONING ORDINANCE FOR ATED AT 1335 EAST IRELAND ROAD IN SOUTH BEND, INDIANA Council Member Coleman made a rea Plan, seconded by Council ried. ROPRIATING $56,000 RECEIVED FROM IC DEVELOPMENT ADMINISTRATION FOR PACT GEOGRAPHIC AREA PLANNING FOR THE PROGRAM YEAR BEGINNING 1997 This bill had first reading. Council Member Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on December 9, seconded by Council Member Luecke. The motion carried. BILL NO. 97 -96 A BILL A THE U.S. PROGRAM This bill had first reading. motion to refer this bill to Development Committee and set reading on December 9, second motion carried. DPRIATING $96,000.00 RECEIVED FROM PARTMENT OF HOUSING AND URBAN 'S EMERGENCY SHELTER GRANTS Council Member Coleman made a :he Community and Economic it for public hearing and third ;d by Council Member Luecke. The BILL NO. 98 -96 A BILL OFITHE COMMON COUNCIL OF THE CITY OF 1 1 1 SOUTH BEND, INDIANA, AUTHORIZING THE PURCHASE OF A BLANKET EMPLOYEE DISHONESTY POLICY OF INSURANCE TO COVER ALL OFFICERS, EMPLOYEES, COMMISSION MEMBERS, AND PERSONS ACTING ON BEHALF OF THE CITY OF SOUTH BEND This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel land Finance Committee and set it for public hearing and third reading on December 9, - -. seconded by Council Member Coleman. The motion carried. BILL NO. 99 -96 A BILL APPROPRIATING $3,954,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1997, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on December 9, seconded by Council Member Luecke. The motion carried. BILL NO. 100 -96 A BILL TRANSFERRING $453,379 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on December 9, seconded by Council Member Luecke. The motion carried. BILL NO. 101 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF INGLEWOOD PLACE FROM THE SOUTH RIGHT -OF- WAY OF ROOSEVELT STREET TO THE NORTH RIGHT - OF -WAY LINE OF THE 1ST EAST -WEST ALLEY SOUTH OF ROOSEVELT STREET FOR A DISTANCE OF APPROXIMATELY 123 FEET AND A WIDTH OF 14 FEET. ALSO INCLUDING THE 5 FOOT ANGLES AT THE POINT OF THE ALLEY INTERSECTION. PART LOCATED IN HOLMAN'S SUB, IN THE CITY OF SOUTH BEND, INDIANA 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 December 9, seconded by Council Member Coleman. The motion carried. BILL NO. 102 -96 A BILL INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE COLLEGE FOOTBALL HALL OF FAME FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1996 This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel land Finance Committee and set it for public hearing and third reading on December 9, seconded by Council Member Coleman. The motion carried. BILL NO. 103 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE COLLEGE FOOTBALL HALL OF FAME OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1997, AND ENDING DECEMBER 31, 1997, INCLUDING ALL OUTSTANDING CLAIMS A WHEN THE OBLIGATIONS, AND FIXING A TIME ME SHALL TAKE EFFECT This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel land Finance Committee and set it for public hearing and third reading on December 23, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS BILL NO. 84 -96 HISTORIC ADJACENT REGISTER The Council took no action on concerning this matter. PRIVILEGE OF THE FLOOR James Cierzniak, 1156 E. Vic Football Hall of Fame's revi would be a $757,000 loss of Julie Mussleman, 2322 Inglew provisions in the animal con pigs as an indoor pet. Lynn Wittey, 1508 Poland, als belly pigs as domestic pets. DMARK - BRICK STREETS IN AND THE CHAPIN PARK NATIONAL TORIC DISTRICT. the Area Plan's recommendation ria, spoke regarding the College d 1996 budget. He indicated there venue based on projections. Ct., asked the Council to make ordinance to include pot belly asked the Council to include pot There being no further busine s to come before the Council, unfinished or new, Council Pr sident Kelly adjourned the meeting at 9:40 p.m. ZC1 rk MD: President 1 [1 1