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HomeMy WebLinkAbout06-26-95 Council Meeting MinutesREGULAR MEETING JUNE 26, 1995 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, June 26, 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 June 12, 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 June 12, meeting be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Peter Battistini, from the National Kidney Foundation, presented a plaque to the City for participation in the Foundation's abandoned vehicle program. Council President Ladewski accepted the plaque. REPORTS OF CITY OFFICES Isabel Gonzalez, director of Safety & Risk Management, gave a summary of their 1994 activities. She indicated that with the continued support of labor and management the office of safety /risk management will reach the City mission of being recognized as a model city by the year 2000. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Duda. 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 7:20 p.m. with nine members present. Chairman Washington presiding. BILL NO. 35 -95 A BILL APPROPRIATING $1,104,779.03 WITHIN VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS FUND This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Puzzello reported that the Public Works Committee had met on this bill and recommended it to the Council favorable. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation would be used for various designs and construction projects, i.e. signal modernization; purchase of paving and slurry materials; concrete improvements; and improvements to the intersection of Michigan and Ireland. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. 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: City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:25 p.m. Council President Ladewski presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. F',(' ' -95 A BILL APPROPRIATING $1,104,779.03 WITHIN VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS FUND This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The motion carried and the bill passed on a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2258 -95 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 REGULAR MEETING JUNE SCHOOL CORPORATION CONCERNING THE DISSOLUTION OF THE. SOUTH BEND RECREATION COMMISSION AND RELATED MATTERS Whereas, Indiana Code 36 -1 -7 permits political subdivisions to enter into agreements to permit the provision of services, supplies and equipment by one political subdivision on behalf of another; and Whereas, the Board of School Trustees of the South Bend Community School Corporation and the Common Council of the City of South Bend, Indiana, have determined to terminate the "Agreement of Cooperative Operation of a Public Education and Recreational Program in the City of South Bend and in the South Bend Community School Corporation" entered into by and between the Board of Park Commissioners of the City of South Bend and the Board of School Trustees and dated September 28, 1965, as amended (the Existing Agreement); and Whereas, the South Bend Community School Corporation and the City of South Bend desire to enter into an Agreement, substantially similar in its terms to that attached hereto and incorporated herein, marked as Exhibit "A," pursuant to which the School Corporation and the City agree to provide for (i) the dissolution of the Existing Agreement and the allocation of funds and equipment currently owned, held or used by the Public Recreation Commission to the City and the School Corporation and (ii) the use and scheduling of School Corporation and the City facilities for public recreation programs conducted by the City's Park Department and athletic programs conducted by the School Corporation; and Whereas, the Board of School Trustees of the South Bend Community School Corporation has or will adopt a resolution substantially similar in its terms to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. That the Common Council of the City of South Bend, Indiana, has considered and hereby finds it to be in the best interest of the City of South Bend, its Park Department and its citizens that the "Agreement of Cooperation Operation of a Public Education and Recreational Program in the City of South Bend and in the South Bend Community School Corporation" entered into by and between the Board of Park Commissioners of the City of South Bend and the Board of School Trustees and dated September 28, 1965, as amended, be terminated. 2. That the Common Council of the City of South Bend, Indiana, has considered and hereby finds it to be in the best interest of the City of South Bend, its Park Department and its citizens that the City of South Bend, Indiana, enter into an agreement with the South Bend Community School Corporation substantially similar in its terms to the Agreement attached hereto as Exhibit "A" to provide for (i) the dissolution of the Existing Agreement and the allocation of funds and equipment currently owned, held or used by the Public Recreation Commission to the City and the School Corporation and (ii) the use and scheduling of School Corporation and City facilities for public recreation programs conducted by the City's Park Department and athletic programs conducted by the School Corporation. 3. That the Common Council of the City of South Bend, Indiana, hereby authorizes the Mayor of the City of South Bend, Indiana to enter into an agreement substantially similar in its terms to the Agreement attached hereto as Exhibit "A" to provide for (i) the dissolution of the Existing Agreement and the allocation of funds and equipment currently owned, held or used by the Public Recreation Commission to the City and the School Corporation and (ii) the use and scheduling of School Corporation and City facilities for public recreation programs donated by the City's park Department and athletic programs conducted by the School Corporation. 4. That 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. Phil St. Clair, Park Superintendent, made the presentation. He indicated last year the School Corporation began to dissolve the South Bend Recreation Commission. He indicated this resolution approves the agreement by which that Commission is formally dissolved and its assets distributed. He indicated the agreement establishes the framework within which the City and School Corporation will work cooperatively at each others facilities, as well as establishes a board of City and School Corporation representatives to monitor the program. He indicated the City is going to have to provide $300,000 each year to make up what the School Corporation has been paying to support the recreation program. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION 95 -40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING AND APPROVING A HISTORIC PRESERVATION PLAN Council Member Slavinskas made a motion to continue this resolution until July 10, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2259 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 TUCKER DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., 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 AS, Resolution No. 2151 -94 designated the area commonly known as 2722 Tucker South Bend, Indiana, and which is more particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana. A part of the South 1/2 of the North west 1/4 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said point being 172.0 feet North of the North right of way line of the Indiana Northern Railway Company; thence Westerly parallel with said North right -of -way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. by a deed recorded October 16, 1973 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, Inc. tract, said line being parallel with the East line of said Southwest 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 495.90 feet to the North right -of -way line of the Indiana Northern Railway Company; thence Easterly along said North right -of -way line, 860.23 feet to the West edge of Steel Warehouse Co., Inc.'s building; thence North along said West edge of building 172.0 feet; thence Westerly parallel with the North right -of- way line of the Indiana Northern Railroad Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the Southwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest quarter of the Northwest Quarter, 324.5 feet to a point 172 feet North of the North line of the right -of- way of the Indiana Northern Railway Company; thence East parallel with the East line of said Southwest Quarter of the Northwest Quarter 320.75 feet to the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section fifteen (15), Township thirty seven (37) north, range two (2) east, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the northwest quarter (1/4) of said Section Fifteen (15); thence South along the norther and south center line of said quarter section two hundred twenty (220) feet to the north line of Tucker Drive; thence West along said north line of the west line of said Section Fifteen (15); thence north along said west line one hundred twenty -eight and one tenth (128.1) feet, more or less, to a line two hundred fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to the two hundred fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right -of -way, seven hundred twenty -seven and one hundredths (727.01) feet, more or less, to a point on the east line of the southwest quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence southerly along said East line one hundred ninety -nine and eighty -six hundredths (199.86) feet, more or less, to the south line of the northwest quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence east along said south line six hundred sixty -three and fifty -two hundredths (663.52) feet, more or less, to the place of beginning excepting thirty (30) feet off the east side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest Quarter of Section 15, Township 37 North Range 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, to -wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately south of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15) Township Thirty -seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the southeast quarter (1/4) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South 492.9 to the North line of the right -of -way of the Indiana Northern Railroad; thence East along the said North line of the right -of -way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. Together with a right -of -way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township No. 37 North, Range No. 2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub - division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: The original right -of -way across, the Northwest corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894, and recorded in Deed Record 95 page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right -of -way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less, to a point distant 250 feet by rectangular measurement from the original center line of said right -of -way; thence Northeasterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right -of -way a distance of 733.3 feet, more or less, to a point on the East line of said Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the Northeast corner of said Lot No. 16; thence West along the North line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection with the said Easterly line of said original right -of- way; thence South Westerly with said Easterly line a distance of 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less;excepting third, all that part of said Lot No. 16 which lies South of the North line of the right -of -way of the St. Joseph, South Bend and Southern Railroad Company, excepting fourth a strip of land 70 feet wide North and South lying next north of and adjoining the right -of -way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right -of -way of the New York Central Railroad Company. All of that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right -of -way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance o 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North of the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty -seven (37) North, Range two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the North and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along the north line to the West line of said Section Fifteen (15); thence North along said west line One Hundred Twenty -eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from and parallel to the original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to and Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original Centerline of the New York Central Railroad right -of -way, Seven Hundred Twenty - seven and one - Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty -three and Fifty -two Hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof of purposes of a public highway. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the North line of the right - of -way of the Indiana Northern Railway Company; thence East parallel with said North line of said right -of -way, 540 feet; thence north parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. with said real estate having the following Key Nos. 18 8075 284406, 18 8075 -2843, 18 8075 284404, 18 8075 284502, 18 8075 284503, 18 8075 28501, 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 A public hearing was held on the resolution at this time. Council Member Slavinskas made a motion to accept the substitute page one, as on file with the City Clerk's office, seconded by Council Member Coleman. 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. Ernest Szarwark, attorney, made the presentation for the bill. He indicated Steel Warehouse had a resource recovery system and they were able to exempt 95% of this system for personal property taxes, however, this year the State retroactively eliminated that benefit. He indicated they are petitioning the City for an abatement on this equipment, which would not equal the other benefit but it will phase in some of the loss. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2260 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4550 S. BURNETT DRIVE, SOUTH BEND, INDIANA, 46614, TO BE AN ECONOMIC REVITALIZATION AREAS FOR THE PURPOSES OF A (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR RAELYN ENGINEERING, 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 4550 S. Burnett, South Bend IN, and which is 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 with said real estate having the following Key Nos. 18 8006 0288, 18 8002 0115, 18 8006 0282, 18 8006 028201, 18 8006 0285, 18 8006 028501, 18 8002 0116, 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 A public hearing was held on the resolution at this time. 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. Council Member Puzzello made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The motion carried. Council Member Slavinskas made a motion to combine public hearing on the next two resolutions, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2261 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 700 W. CHIPPEWA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR 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, South Bend IN, 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. 2262 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 700 W. CHIPPEWA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR REAL PROPERTY TAX ABATEMENT FOR STI -K POLYMERS AMERICA, 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, South Bend IN, 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 A public hearing was held on the resolution at this time. 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. 2261 -95, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. Council Member Kelly made a motion to adopt Resolution No. 2262 -95, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2263 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS PARCEL 16, SOUTHEAST CORNER OF GARST STREET AND LAFAYETTE BOULEVARD, TO BE 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, 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 Parcel 16, southeast corner of Garst and Lafayette Blvd., South Bend IN, and which is 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. with said real estate having the following Key Nos. 18 8003 0119, 18 8003 0125, 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 remonstrances and objections from interested persons; and WHEREAS, the Council has determined revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Indiana, as follows: that the qualifications of hearing all for an economic Common Council of the City of South Bend, 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 A public hearing was held on the resolution at this time. 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 Zakrzewski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2264 -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 2811 N. VIRIDIAN DR., SOUTH BEND, IN 46628, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR CONTAINER SERVICE CORPORATION WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 2811 Viridian, South Bend, Indiana, and which is more particularly described as follows: PT SE SEC 28 -38 -2E 1582.51' W NE Cor S 375W 709.63' N 375" E 711.9" TO POB 6.12 and this property has Key Numbers 25 1010 - 0400226, 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 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 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 this bill and recommended it to the Council favorable. David Harrison, president, made the presentation for the resolution. He indicated they planned to purchase new equipment, which will enable them to be a full service manufacturer in the industry. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 226. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3234 F.J. NIMTZ PARKWAY, SOUTH BEND, INDIANA, 46628, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR BUSINESS SYSTEMS, 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 3234 F.J. Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: Being a replat of lots 5A and 6 Bendix Park Minor Subdivision and part of the northeast quarter of Section 28T 38N R2E, German Township, City of South Bend, St. Joseph County Indiana and which has Key Number 25 1010 040501 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1-1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C: That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the 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. 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 ten (10) 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 I•� 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/ 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. Richard Tucker, vice present of Business Systems, made the presentation for the bill. He indicated they plan to build a facility on Nimtz Parkway which will house their corporate offices and warehousing. He indicated they were moving back to South Bend. Council Member Slavinskas made a motion to correct the title of this resolution by adding "designating certain areas within the City of South Bend ", seconded by Council Member Coleman. The motion carried. Council Member Luecke made a motion to adopt the resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. UNFINISHED BUSINESS Council Member Luecke made a motion to refer Bill Nos. 26 and 30 -95 to the Zoning and Annexation Committee, and set it for public hearing and third reading on July 10, seconded by Council Member Washington. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierznieak, 1156 E. Victoria, asked that the Council halt expenditures to place ads in obscure West Coast publications congratulate the City on being "politically correct" regarding minority groups. He indicated the City had spend $1,485 on three ads. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, a seconded by Council Member Duda. The motion carried. The meeting was adjourned at 8:00 p.m. ATTEST: ATTEST: City Clerk