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HomeMy WebLinkAbout06-12-95 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, June 12, 1995, 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, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, and Ladewski 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 May 8, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Eugene Ladewski /s/ Lee Slavinskas Council Member Coleman made a motion that the minutes of the May 8, meeting be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION 2249 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND COMMENDING MARY ANN RETSECK, PRINCIPAL, ST. MATTHEW'S GRADE SCHOOL Whereas, the Common Council, the City of South Bend, Indiana, notes that the very fabric of our community is woven by dedicated educators who touch the youth of our community; and Whereas, through the efforts of community school systems, both public and private, dedicated men and women working as teachers, school administrators, and principals chart a course by establishing educational standards for excellence; and Whereas, the Common Council is proud to acknowledge that Mary Anne Retseck received her Bachelor of Arts Degree from St. Mary's College, Her Masters Degree from Valparaiso University and her Administration License from Indiana University -South Bend and has taught for over twenty -eight years; and Whereas, Miss Retseck has taught English and Social Studies at St. Matthews School for ten years and has been the principal for the past eight years; and Whereas, the Council is proud to acknowledge that Mary Anne Retseck was awarded the "Light of Learning" Award and has been designated the Principal of the Year. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all the citizens of the City of South Bend, Indiana, the South Bend Common Council publicly commends Mary Anne Retseck for her years of dedicated service as an educator in our community. SECTION II. The Common Council notes with extreme pride that Mary Anne Retseck was nominated Principal of the Year by the St. Matthew School Board for the Diocesan "Light of Learning" award which was awarded to her on May 8, 1995. SECTION III. The Common Council commends and thanks Mary Anne Retseck for her caring attitude, excellence in teaching and for touching the lives of our youth as she prepares them for the challenges of tomorrow. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke, 1st District Linas Slavinskas, 5th District Cleo Washington, 2nd District Thomas Zakrzewski, 6th District Roland Kelly, 3rd District Sean Coleman, At Large Ann Puzzello, 4th District Loretta Duda, At Large Eugene Ladewski, At Large ATEST: Irene K. Gammon, City Clerk Joseph E. Kernan, Mayor REGULAR MEETING JUNE 12, 1995 Richard Nussbaum, City Attorney, indicated that City helps to support the Homeless Shelter, so they felt a report from that facility was in order. He introduced Kathryn Dick, she indicated the shelter served 2,500 people in 1994. She said the average age was middle twenties, and they are children of people who fell through the cracks twenty or thirty years ago. She said the Center opened in 1988 when the Morningside Hotel burned. She said in 1992 the orientation process was started; in 1993 we began a "Start Over" program and in 1994 we started a job training program. We have placed 28 people since November of 1994. They will move into supportive housing, some will qualify for permanent housing and the possibility of home ownership, which will complete the continuum. Council Member Luecke made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. 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 7:30 p.m., with nine members present. Chairman Washington presiding. BILL NO. 20 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH - SOUTH ALLEY WEST OF SOUTH FRANKLIN STREET ON WEST INDIANA, AND A PORTION OF THE EAST -WEST ALLEY PARALLEL TO WEST INDIANA AVENUE CONTINUING WEST THEREFROM Council Member Luecke made a motion to continue public hearing on this bill until July 12, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 23 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3402 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND,INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Andy Nevin, staff planner -Area Plan, reported that the petition was requesting a zoning change from B to Cl commercial. He indicated the property contains a funeral home which is no longer in operation. He indicated that the Commission sends this to the Council with a favorable recommendation. John Ford, attorney, made the presentation for the bill. He indicated Kuert Concrete plans to purchase this property to use as office space, and they do not plan to make any changes to the exterior of the building. He indicated that office use was less intense than the funeral home. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 27 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING TAX ABATEMENT PROCEDURES This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman made a motion to accept a substitute to this bill, seconded by Council Member Zakrzewski. The motion carried. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Larry Magliozzi, assistant director of planning, made the presentation for the bill. He indicated that based on State law, at least ten percent of the City area(3.8 square miles) can be designated for residential tax abatement; and they have targeted the far northwest neighborhood and the Rum Village- Locust Road area, which totals 1.5 square miles. He indicated that this designation will be given only to new single family homes, and they must be owner occupied. Mary Booth, 817 E. Donmoyer, spoke in favor of this bill. Mike Urbanski, Garden Homes, spoke in favor, indicating this tax break would be about $974.00 a year on a $60,000 home. Council Member Luecke indicated that he and Council Member Coleman were going to request that the Indiana General Assembly increase the size of an area in the city eligible for residential abatements, due to State legislation which does not allow the City of annex. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 28 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 3, SECTION 19 -53 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING BOATING AND LIMITED WATERSKIING ACTIVITIES Council Member Coleman reported that the Parks and Recreation Committee had recommended this bill unfavorable, and as sponsor of the bill he made a motion to strike the bill, seconded by Council Member Luecke. The motion carried. BILL NO. 29 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES WITHIN THE ZOO ENDOWMENT FUND TO BE USED FOR CAPITAL PROJECTS AND /OR IMPROVEMENTS AT THE POTAWATOMI ZOO, CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1995 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 Coleman reported that the Parks and Recreation Committee had met on this bill and recommended it to the Council favorable. Ron O'Conner, fiscal officer for the Park Department, made the presentation for the bill. He indicated this bill appropriated moneys from the Dorothy Shanafelt Douglas Trust. He indicated the funds will be used to construct a green house at the Potowatomi Zoo. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 31 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $240,000.00 FROM THE PARK MAINTENANCE FUND (FUND NO. 201) 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 Coleman reported that the Parks and Recreation Committee had met on this bill and recommended it to the Council favorable. Ron O'Conner, fiscal officer for the Park Department, made the presentation for the bill. He indicated this bill appropriated moneys from the Park Maintenance Fund to be used to extend the Northside Boulevard Walkway \Bikeway an additional mile. He indicated this extension will be from the Sample Street bridge to the Memorial Park boat launch. He indicated this appropriation will be supplemented by the Federal grant awarded to the City. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 32 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $10,500 FROM HAZ /MAT FUND (FUND #289) FOR THE PURCHASE OF EQUIPMENT 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 Zakrzewski reported that the Health and Public Safety Committee had met on this bill and recommended it to the Council favorable. Luther Taylor, Fire Chief, made the presentation for the bill. He indicated this bill appropriated moneys from the Haz /Mat Fund equipment for the Haz Mat and Confined Space Rescue Operations. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas. The motion carried. BILL NO. 33 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $235,000 FROM EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND (FUND #288) FOR THE REHABILITATION OF EQUIPMENT AND INSTALLATION OF EXHAUST SYSTEMS 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 Zakrzewski reported that the Health and Public Safety Committee had met on this bill and recommended it to the Council favorable. Luther Taylor, Fire Chief, made the presentation for the bill. He indicated this bill appropriated moneys from the Medical Services Capital Improvement Fund for repairs to Snorkel #1, Quint 3, Quint 7, and Engine 9, as well as exhaust systems in all fire stations. Mark Catanzarite, South Bend firefighter, spoke in favor of repairs to the exhaust systems in the fire stations. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council member Coleman. 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: City Clerk 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 8:15 p.m. Council President Ladewski presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8559` -95 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3402 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. :1. ORDINANCE NO. E�60D -95 AN ORDINANCE A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING TAX ABATEMENT PROCEDURES This bill had third reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Duda. The motion carried. Council Member Kelly made a motion to pass this bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 86'61 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES WITHIN THE ZOO ENDOWMENT FUND TO BE USED FOR CAPITAL PROJECTS AND /OR IMPROVEMENTS AT THE POTAWATOMI ZOO, CITY OF SOUTH BEND, INDIANA FOR THE YEAR REGULAR MEETING 1995 JUNE 12, 1995 This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8602 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $240,000.00 FROM THE PARK MAINTENANCE FUND (FUND NO. 201) This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8603 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $10,500 FROM HAZ /MAT FUND (FUND #289) FOR THE PURCHASE OF EQUIPMENT This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8604 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $235,000 FROM EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND (FUND #288) FOR THE REHABILITATION OF EQUIPMENT AND INSTALLATION OF EXHAUST SYSTEMS This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION 95 -39 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND THE SOUTH BEND COMMUNITY SCHOOL CORPORATION CONCERNING THE DISSOLUTION OF THE SOUTH BEND RECREATION COMMISSION AND RELATED MATTERS Council Member Luecke made a motion to continue public hearing on this resolution until June 26, seconded by Council Member Coleman. The motion carried. RESOLUTION 95 -40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING AND APPROVING A HISTORIC PRESERVATION PLAN Council Member Luecke made a motion to continue public hearing on this resolution until June 26, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2250 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE SOUTH BEND HOUSING AUTHORITY TO SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR SECTION 8 CERTIFICATES AND VOUCHERS WHEREAS, the South Bend Housing Authority is the applicant for a grant from the United States Department of Housing and Urban Development; and WHEREAS, the receipt of Section 8 Existing Certificates and Vouchers will enable the South Bend Housing Authority to provide housing assistance to eligible families; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA; SECTION I. The Common Council hereby establishes the authority of the South Bend Housing Authority to submit a grant application to the United States Department of Housing and Urban Development for funding for Section 8 Existing Certificates and Vouchers to be used to house eligible families. SECTION II. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Puzzello made a motion to amend this bill in Section 2, by striking the period after mayor, and replace it with "and made retroactive to May 22, 1995. Harold Reidler, Manager of Operations, .made the presentation for the resolution. He indicated they were applying for a set -aside allocation which will provide permanent housing to homeless families who are ready for permanent housing and who live in transitional or emergency shelters. Council Member Kelly made a motion to adopt this resolution, as amended, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 2251 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3900 WEST WILLIAM RICHARDSON DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR ABSORBTECT LLC REGULAR MEETING JUNE 12, 1995 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 3900 West William Richardson Drive, and which is particularly described as follows: 20 acres of land off the East end of the South Half of the Northwest Quarter of Section 21, Township 38 North, Range 2 East excepting therefrom the following: A part of the South Half of the Northwest Quarter of Section 21, Township 38 North, Range 2 East, St. Joseph County, Indiana, described as follows: Beginning on the South line of said quarter Section South 88 57' 48" West 160.62 feet from the Southwest corner of said Quarter Section; thence south 88 57' 48" West 501.97 feet along said South line to the Southwest corner of the owner's land; thence North 0 52' 00" West 221.16 feet along the West line of the owner's land; thence Southeasterly, 548.23 feet along an arc to the right having a radius of 4.718.66 feet and subtended by a long chord having a bearing of South 67 13' 54" East and a length of 547.92 feet to the point of beginning. with said real estate having the following Key No. 25- 1012 -0198 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 six (6) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Mike Peterson, a representative of Absorbtech, made the presentation for the bill. He indicated they were requesting a six year tax abatement. He indicated this was an industrial laundering facility that uses a process of capturing fluids that can be disposed of safety and not in a landfill. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2252 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 4550 S. BURNETT DRIVE, SOUTH BEND, INDIANA, 46614, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR RAELYN ENGINEERING, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 4550 S. Burnett Dr., and which is more particularly described as follows: Lot Numbered Nine (9) as shown on the recorded Plat of Burnett Industrial Park, Centre Township, recorded November 14, 1974 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 278, Page B and this property has Key Numbers 23 1043 3012, 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 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 seq., and South Bend Municipal Code Sections 2 -76 et seg. 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; the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3- 1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Dennis Vance, president of Raelyn, made the presentation for the resolution. He indicated they wanted to purchase computerized lathe equipment in order to do work for Curtis Products. He said the Curtis Products currently buys these parts outside of the South Bend area. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to combine public hearing on the next two resolutions, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2253 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 700 W. CHIPPEWA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR BAKER RUBBER, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 700 W. Chippewa, and which is particularly described as follows: SE PT NW NE SO 7 E OF RR EX 1.59 AC OFF NW OF NE 4.91 AC SEC. 26 37 2E with said real estate having the following Key Nos. 23 1013 0755 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -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 Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seg. 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 /Eugene Ladewski Member of the Common Council RESOLUTION NO. 2254 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 700 W. CHIPPEWA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR STI -K POLYMERS AMERICA, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 700 W. Chippewa, and which is more particularly described as follows: SE PT NW NE SO 7 E OF RR EX 1.59 AC OFF NW OF NE 4.91 AC SEC. 26 37 2E and this property has Key Numbers 23 1013 0755 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 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 seq., and South Bend Municipal Code Sections 2 -76 et seg. 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. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3- 1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on these bills and recommended it to the Council favorable. Mark Baker, 803 Park Ave., made the presentation for the resolutions. He indicated they were requesting these abatements in order to purchase additional equipment. Council Member Coleman made a motion to adopt Resolution No. 2253 -95, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. Council Member Puzzello made a motion to adopt Resolution No. 2254 -95, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2255 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS PARCEL 16, SOUTHEAST CORNER OF GARST STREET AND LAFAYETTE BOULEVARD, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR DENNIS R. REINER (DBA: MIDWEST MACHINE PRODUCTS, INC.) 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 Parcel 16, southeast corner of Garst and Lafayette, South Bend, Indiana, and which is more particularly described as follows: That part of the northwest quarter of Section 13, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots 41, 42, 43, 44 as shown on the recorded Plat of "South Bend City ", as platted by Samuel Morrison now within and a part of the City of South Bend, In St. Joseph County, Indiana, in the records of the St. Joseph County, Indiana, Recorders Office; thence N. 89 52' 08" W. along the north line of said Lot and the south right -of -way line of Garst Street, 164.86 ft (Record 165.0 ft.) to the northeast corner of said Lot and the west right -of -way line of a 14 ft. public alley; thence S 00 51' 51" W. along said Lot line and right -of -way line, 165.07 ft. (Record 165 ft.) to the southwest corner of said Lot and the east right -of -way line of Lafayette Blvd.; thence N. 00 18' 06" W. along said east right -of -way line, 264.55 ft (Record 264.0 ft.) to the point of beginning. Containing 1.0019 acres or 43,641 square feet. and which has Key Number 18 8003 0119 through 18 8003 0125 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; „367 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 that can be reasonably expected to redevelopment or rehabilitation; and information was requested are benefits result from the proposed described 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. CTION III. The Common Council hereby determines and finds that the proposed scribed redevelopment or rehabilitation can be reasonably expected to yield nefits identified in the Statement of Benefits set forth as Sections I through II the Petition for Real Property Tax Abatement Consideration and that the Statement Benefits form prescribed by the State Board of Accounts are sufficient to justify e deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. N V. The designation as an Economic Revitalization Area shall be limited to calendar years from the date of the adoption of this Resolution by the Common 1. I. The Common Council hereby determines that the property owner is for and 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. This Resolution shall be in full force and effect from and after its Common Council and approval by the Mayor. /s/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on these bills and recommended it to the Council favorable. Dennis Reiner, president of Midwest, made the presentation for the resolution. He indicated Midwest is a precision machine shop they planned to build a new facility in the Studebaker Corridor. He indicated this project will allow them to expand their product base. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. R SOLUTION NO. 2256 -95 A RESOLUTION RECOGNIZING THE NEED FOR A NEW FEDE INCOME TAX CREDIT TO ENCOURAGE THE REHABILITATION HISTORIC BUILDINGS FOR HOMEOWNERS IN THE CITY OF SOUT BEND, INDIANA AND URGING ENACTMENT BY CONGRESS OF THE "HISTORIC HOMEOWNERSHIP ASSISTANCE ACT ". Whereas, the abandonment and destruction of older d historic buildings presents a gro 'ng threat to the public safety and the soc' 1 and fiscal well being of the citizens South Bend, Indiana; and Whereas, more an 235 houses have been caused be demolished due to lack of maintenance investmen in the City of South Bend Indiana during the period from January 1, 1990 and Dece er 31, 1994; and Whereas, there are not present homeowners to rehabilitate olde buildin and threatened neighborhoods as st W Historic Districts; Riverside Drive, R' Local Historic Districts; other eli St. Casimir Parish, Monroe Park Rum landmark buildings in other neig orhood of cient financial incentives to attract n such struggling, distressed, declining, ington and Chapin Park National Register Bend, Edgewater Place, and Lincolnway East neighborhoods such as St. Adalbert Parish, illage, and Howard Park, and at isolated Whereas, a strong base 9,f homeowners is essential to the civic and economic health of this community an its tax base; and Whereas, there has en introduced into the Con ess the "Historic Homeownership Assistance Act" which uld provide homeownership inc tives for the rehabilitation of older buildings i historic districts through a Fede 1 Historic Preservation Tax Credit for homeowne s; and Whereas, TV City of South Bend, Indiana has established Historic Preservation Commission wi the capability of promoting and enabling the rtification of such tax credits or the purpose of historic preservation; and Where s, the "Historic Homeownership Assistance Act” would stimulate the revival of decaying neighborhoods and the preservation of historic buildings and districts in the City of South Bend, Indiana through homeownership. 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 \F.That can be reasonably expected to result from the proposed described lopment or rehabilitation; and the totality of benefits is sufficient to Justify the requested ion, all of which satisfy the requirements of In ana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines d finds that the proposed described re velopment or rehabilitation can be easonably expected to yield benefits identi Jed in the Statement of Benefits se forth as Sections I through II of the Petition or Real Property Tax /and t C sideration and that the Statement of Benefits form p scribed by the Sto Accounts are sufficient to justify the deduction grante under Indiana Co.1 -3. SECTION IV. The Commo Council herebthe report and recommendation of the Human Resources and Econo is Developmetee that the area herein described be designated an Economic Rev talization ereby adopts a Resolution designating this area as an Economic evitalizafor purposes of real property tax abatement. SECTION V. The designation as�Economic Revitalization Area shall be limited to two (2) calendar years from the d e of the adoption of this Resolution by the Common Council. SECTION VI. The Common uncil he eby determines that the property owner is qualified for and is grante property to deduction for a period of six (6) years. SECTION VII. The Comm Council directs adoption of this Dec ratory Resolution published pursuant t Indiana Code 5 -3 -1 publication providin notice of the public proposed confirming of said declaration. SECTION VIII. is Resolution shall be in adoption by the Common Council and approval e City Clerk to for al Property and Udiana Code hearing fore the full force an effl by the Mayor. /s/ Eugene Ladewski Member of the Common Council cause notice of the Tax Abatement to be 6 -1.1- 12.1 -2.5, said Common Council on the --ct from and after its A public earing was held on the resolution at this time. Cou cil Member Kelly reported that the Community and Economic Development Committee had me tN on these bills and rec mmended it to the Council favorable. Dennis Reiner, preside of Midwest, made he presentation for the resolution. He indicated Midwest is precision mach' a shop they planned to build a new facility in the Studebaker Corridor. He indicated this project will allow them to expand their product base. Counci Member Lu cke made a motion to adopt this resolution, seconded by Council Member C eman. T e resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2256 -95 A RESOLUTION RECOGNIZING THE NEED FOR A NEW FEDERAL INCOME TAX CREDIT TO ENCOURAGE THE REHABILITATION OF HISTORIC BUILDINGS FOR HOMEOWNERS IN THE CITY OF SOUTH BEND, INDIANA AND URGING ENACTMENT BY CONGRESS OF THE "HISTORIC HOMEOWNERSHIP ASSISTANCE ACT ". Whereas, the abandonment and destruction of older and historic buildings presents a growing threat to the public safety and the social and fiscal well being of the citizens of South Bend, Indiana; and Whereas, more than 235 houses have been caused to be demolished due to lack of maintenance investment in the City of South Bend, Indiana during the period from January 1, 1990 and December 31, 1994; and Whereas, there are not at present sufficient financial incentives to attract homeowners to rehabilitate older buildings in such struggling, distressed, declining, and threatened neighborhoods as West Washington and Chapin Park National Register Historic Districts; Riverside Drive, River Bend, Edgewater Place, and Lincolnway East Local Historic Districts; other eligible neighborhoods such as St. Adalbert Parish, St. Casimir Parish, Monroe Park, Rum Village, and Howard Park, and at isolated landmark buildings in other neighborhoods; and Whereas, a strong base of homeowners is essential to the civic and economic health of this community and its tax base; and Whereas, there has been introduced into the Congress the "Historic Homeownership Assistance Act" which would provide homeownership incentives for the rehabilitation of older buildings in historic districts through a Federal Historic Preservation Tax Credit for homeowners; and Whereas, The City of South Bend, Indiana has established a Historic Preservation Commission with the capability of promoting and enabling the certification of such tax credits for the purpose of historic preservation; and Whereas, the "Historic Homeownership Assistance Act" would stimulate the revival of decaying neighborhoods and the preservation of historic buildings and districts in the City of South Bend, Indiana through homeownership. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana supports endorses, and encourages the prompt enactment of the "Historic Homeownership Assistance Act" by Congress. SECTION II. The Common Council requests the City Clerk to send a copy of this Resolution to the entire Congressional Delegation of the State of Indiana. 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/ Eugene Ladewski Member of the Common Council (Attest: (Irene K. Gammon, City Clerk Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Luecke made the presentation for the resolution. He indicated this resolution urges Congress to enact the Historic Homeownership Assistance Act, which would permit a 20% investment tax credit to be available to owners of qualified historic properties who undertake certifiable rehabilitation. He indicated the owner must live in the residence for five years after the rehab to be entitled to the full tax benefit. He indicated this Act may be another tool which can be effectively used to bring back many of our older neighborhoods. He asked the City Clerk to send a copy of the resolution to the entire Indiana congressional delegation. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. (RESOLUTION NO. 2257 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONCERNING THE PREPARATION AND PRESENTATION OF THE ANNUAL BUDGET OF THE CITY OF SOUTH BEND, INDIANA Whereas, the City of South Bend has been developing broad goals and objectives that translate into goals for its various administrative divisions that focus on improving customer service, efficiency and financial stability; and Whereas, the Common Council has determined that performance measurements should be established to measure progress toward these divisional and City -wide goals and objectives; and Whereas, the Common Council has determined that the annual budget of the City of South Bend should be a work plan and should allocate the City's resources in a manner that reflects clearly these divisional and City -wise goals and objectives and the attainment of such performance measures; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 1. That in addition to a traditional line item budget prepared for submission and presentation to the Common Council and all supporting content and information as required by Indiana law, it is hereby required that the annual budget of the City of South Bend, Indiana that is prepared for submission and presentation to the Common Council be prepared and presented in such a manner as to reflect clearly the various divisional and City -wise goals and objectives and the establishment and attainment of related performance measures. 2. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Eugene Ladewski Member, Common Council A public hearing was held on the resolution at this time. Kevin Horton, Controller, made the presentation for the resolution. He indicated this resolution will kick off the first performance based budget. He said they will still have the traditional line item budget that will be available, along with work sheets that show how the line item format is converted to the program format. He said this new format will be easier for the public to understand. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 34 -95 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 511 WEST COLFAX AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 35 -95 A BILL APPROPRIATING $1,104,779.03 WITHIN VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS FUND Phis bill had first reading. Council Member Coleman made a motion to refer this bill 370 to the Public Works Committee and set it for public hearing and third reading on June 26, seconded by Council Member Duda. The motion carried. BILL NO. 36 -95 A BILL TRANSFERRING $360,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on July 24, seconded by Council Member Luecke. The motion carried. BILL NO. 37 -95 A BILL APPROPRIATING $62,000 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, 1995, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Luecke made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on July 24, seconded by Council Member Washington. The motion carried. NEW BUSINESS Council Member Luecke announced that the Solid Waste Management Board survey showed an interest in curbside recycling. He indicated people felt this was a valuable program, however, the supported dropped off as the price increased. He said the data would be passed on to the County Council and the County Commissioners. PRIVILEGE OF THE FLOOR A resident of 516 River Avenue said that thanks to the recent rain we again have curb water problems. He said water has accumulated and it takes two weeks before it goes away. He said they have called since last September trying to get this problem solved. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Duda. The motion carried and the meeting was adjourned at 9:00 p.m. ATTEST: 134 v✓ City Clerk ATTEST: