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HomeMy WebLinkAbout10-23-95 Council Meeting MinutesREGULAR MEETING OCTOBER 23 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, October 23, 1995, at 5:00 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, Zakrzewski, Duda, Coleman and Ladewski Absent: Council Member Slavinskas 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 September 25 and October 9, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Eugene Ladewski Council Member Coleman made a motion that the minutes of the September 25 and October 9, meetings be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2289 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING AND HONORING THREE REPRESENTATIVES FROM OUR SISTER CITY OF CZESTOCHOWA, POLAND WHEREAS, the Common Council of the City of South Bend, Indiana, note that our City will host three (3) representatives from our Sister City of Czestochowa, Poland, October 25th through November 1st; and WHEREAS, our visitors are: Vice Mayor Bogumil Sobus; Vice Chairman of the City Council Jerzy Zajac; and the Director of the Department of Organization, Pawel Klimek; and WHEREAS, the purpose of this visit is the continued development and enhancement of the Sister city relationship between the cities of Czestochowa and South Bend; and WHEREAS, during this visit, discussions will focus on the operations of city government and the Common Council, economic development and marketing, Chamber of Commerce activities, public health and the environment, small business development, and business to business opportunities; and WHEREAS, the Common Council and the City Administration encourage all members of our community who have the opportunity to meet Mr. Sobus, Mr. Zajac, and Mr. Klimek to assist the City in welcoming the representatives from Czestochowa and providing information and assistance to further develop the cooperative exchange between our two (2) cities. NOW, THEREFORE, be it ordained 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, publicly thanks and commends Bogumil Sobus, Jerry Zajac and Pawl Klimek for undertaking this visit and for their efforts in exchanging ideas for the betterment of our City and their community. SECTION II. The Common Council also publicly thanks members of our community who are hosting our visitors including: St. Hedwig Parish, St. Adalbert's parish, the Chamber of Commerce of St. Joseph County, Indiana University at South Bend the South Bend Symphony, the sister Cities Advisory Committee, the Rotary Club of South Bend, the Center of History, various City Departments, Father Len Chrobot, Malgorrzata Bak, Elizabeth Szmuc, Paul Trost, Dr. Gabriella Robinson, Dr. Willilam Hojnacki, Ewa Baliaskiewicz, and all other volunteers and businesses assisting the City with this project. SECTION III. The Common Council notes that such international programs are an example of positive interaction between countries which enhance both the practical and educational opportunities from which we can all benefit. 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 Cleo Washington, 2nd District Roland Kelly, 3rd District Ann Puzzello, 4th District Linas Slavinskas, 5th District Thomas Zakrzewski, 6th District Sean Coleman, At Large Loretta Duda, At Large ATTEST: Irene K. Gammon, City Clerk Eugene Ladewski, At Large Joseph E. kernan, Mayor Kathleen Cekanski - Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Ladewski read the resolution. He indicated the Polish delegation was delayed and could not make this meeting, therefore, it would be presented to them at a later date. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of eight ayes. Council Member Luecke made a motion to have only one meeting in December, on December 18, seconded by Council Member Zakrzewski. The motion carried. 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 Committee of the presiding. BILL NO. 63 -95 that the Common Council of the City of South Bend met in the Whole at 5:17 p.m. with eight present. Chairman Washington A BILL APPROPRIATING $29,255.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR THE PURPOSE OF PERFORMING VARIOUS REPAIRS AT THE MORRIS CIVIC AUDITORIUM This being the time heretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Council Member Luecke reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Cleo Hickey, Interim Director, made the presentation for the bill. She indicated this appropriation would be used to fund improvements to the auditorium. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Luecke. The motion carried. ATTEST: 'C. %,' City Clerk REGULAR MEETING RECONVENED ATTEST: 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 7:26 p.m. Council President Ladewski presiding, and eight members present. ORDINANCE NO. 8629 -95 AN ORDINANCE APPROPRIATING $29,255.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR THE PURPOSE OF PERFORMING VARIOUS REPAIRS AT THE MORRIS CIVIC AUDITORIUM This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of eight aye. RESOLUTION NO. 2290 -95 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2208 WEST INDIANA AVENUE, 1616, 1802 AND 1819 SOUTH PHILLIPA STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR HABITAT FOR HUMANITY WHEREAS, a petition for real property tax abatement has been file with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 2208 West Indiana Avenue 1616, 1802 and 1819 South Phillipa, South.Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 2208 W. Indiana Lot A So. Bend Inds. 1st replat 18 8093 3570 1616 S. Phillipa Lot B So. Bend Inds. 1st replat 18 8093 3577 1802 S. Phillipa Lot C So. Bend Inds. 1st replat 18 8095 3635 1819 S. Phillipa Lot D So. Bend inds. 1st Replat 18 8095 3637 be designated as a Residentially Distressed 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., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed 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 Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed 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 Indian a Code 6 -1.1- 12.1 -1, et seq., for tax abatement. A. That the description of the proposed redevelopment meets the applicable standards for such development; B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. 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 can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Section 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 Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION V. The designation as a Residentially Distressed 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 five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ 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 resolution and referred it to the Council with a favorable recommendation. Mike Urbanski, 14299 Pine Road, indicated it would be a great help for Habitat to get the taxes abated. Council Member Washington made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION 95 -81 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2517 AND 2525 WEST EWING AVENUE, 2502 2510, 2602 AND 2612 WEST CALVERT STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR G & M PROPERTIES Council Member Coleman made a motion to delay action on this resolution until later in the meeting, 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 Duda. The motion carried. RESOLUTION 2292 -95 A DECLARATORY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1545 SOUTH OLIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR INTERPLASTIC CORPORATION MOLDING PRODUCTS DIVISION. 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 1545 South Olive, South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter of the Northwest Quarter and a part of the Northeast Quarter of the Southwest Quarter all in Section 15, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana more particularly described as follows: Commencing at the center of said Section 15, thence South along the North -South centerline of said Section 15, 85.69 feet; thence South 89 52'00" West, 30.00 feet to the West line of Olive Street, said point being the true place of beginning; thence continuing South 89 52100" West, 370.00 feet; thence north 00 00'00" East, 77.56 feet to a point which is 25 feet Southeasterly, by radial measurement from the centerline of the New Jersey, Indiana & Illinois Railroad Company's "Studebaker Spur" and known also as ICC Tract No. 77; thence Northeasterly on a curve to the left having a radius of 844.02 feet and parallel to and 25 feet Southeasterly by radial measurement from the centerline of said track, through a central angle of 17 2110011, a chord distance of 254.61 feet which bears North 64 20'57" East, an arc distance of 255.58 feet to the point of said curve; thence North 55 45'48" East, parallel and 25 feet South of the centerline of said ICC Track No. 77,42.66 feet; thence North 89 52'00" East, 105.64 feet to a point on the West line of Olive Street; thence South 00 00100" West along said West line 210.00 feet to the place of beginning. and this property has Key Number 18 552 46644, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et seg., and South Bend Municipal Code Section 2 -76 et seg.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1-1, et seg., and South Bend Municipal Code Sections 2 -76 et 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- 1271 -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. RESOLUTION NO. 2293 -95 /s/ Eugene Ladewski Member of the Common Council A RESOLUTION OF THE COMMON COUNCIL OF BEND, DESIGNATING CERTAIN AREAS WITHIN BEND COMMONLY KNOWN AS 1545 SOUTH O INDIANA, AN ECONOMIC REVITALIZATION AREA TEN YEAR REAL PROPERTY TAX ABATEMENT CORPORATION, MOLDING PRODUCTS DIVISION THE CITY OF SOUTH THE CITY OF SOUTH DIVE, SOUTH BEND, FOR PURPOSES OF A FOR INTERPLASTIC 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 1545 Olive, South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter of the Northwest Quarter and a part of the Northeast Quarter of the Southwest Quarter all in Section 15, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana more particularly described as follows: Commencing at the center of said Section 15, thence South along the North -South centerline of said Section 15, 85.69 feet; thence South 89 52'00" West, 30.00 feet to the West line of Olive Street, said point being the true place of beginning; thence continuing Sotuh 89 52'00" West, 370.00 feet; thence north 00 00'00" East, 77.56 feet to a point which is 25 feet Southeasterly, by radial measurement from the centerline of the New Jersey, Indiana & Illinois Railroad Company's "Studebaker Spur" and known also as ICC Tract No. 77; thence Northeasterly on a curve to the left having a radius of 844.02 feet and parallel to and 25 feet Southeasterly by radial measurement from the centerline of said track, through a central angle of 17 2110011, a chord distance of 254.61 feet which bears North 64 20'57" East, an arc distance of 255.58 feet to the point of said curve; thence North 55 45148" East, parallel and 25 feet South of the centerline of said ICC Track No. 77,42.66 feet; thence North 89 52'00" East, 105.64 feet to a point on the West line of Olive Street; thence South 00 00100" West along said West line 210.00 feet to the place of beginning. and which has Key Number 18 8075 285101 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 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 resolutions at this time. Council Member Kelly reported that the Community and Economic Development Committee have met on this bill and recommended it to the Council favorable. Jack Alexander, 53260 Juday Creek, president of Molding Products Division, made the presentation. He indicated they were expanding their facility and purchasing new equipment in order to be competitive in the sheet molding compound business. He indicated they will employ 23 additional employees. Council Member Washington made a motion to adopt Resolution No. 2292 -95, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. Council Member Washington made a motion to adopt Resolution No. 2293- 95, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2294 -95 A RESOLUTION AMENDING RESOLUTIONS NO. 2251 -95 AND NO. 2247- 95 TO REPLACE THE SOUTH BEND REDEVELOPMENT COMMISSION ON BEHALF OF ABSORBTECH, LLC WITH THE SOUTH BEND REDEVELOPMENT COMMISSION ON BEHALF OF AT OF INDIANA, LLC AS THE NAMED PROPERTY OWNER FOR REAL PROPERTY TAX ABATEMENT PURPOSES. WHEREAS, the Common Council of the City of South Bend, Indiana, has duly adopted a Declaratory Resolution No. 2247 -95, designating as an Economic Revitalization Area for the purpose of real property tax abatement, the area commonly known as 3900 West William Richardson Drive, South Bend, indiana (as more particularly described therein, the "Property "); and WHEREAS, the Council thereafter duly adopted Confirming Resolution No. 2251 -95 granting a six year real property tax abatement for the Property in the name of Absorbtech, LLC; and WHEREAS, at the time of its application for real property tax abatement, the applicant had made only a preliminary choice of entity and applicant has submitted documentation evidencing that it has organized as and hold title to the Property as AT of Indiana, LLC; and WHEREAS, it is the desire of the Common Council to correct Declaratory Resolution and the Confirming Resolution to reflect the correct name of the Property owner; SECTION I. The Common Council hereby confirms that AT of Indiana, LLC shall receive the real property tax deduction with respect to the Property for a period of six (6) years. SECTION II. The Common Council hereby amends Resolutions No. 2247 -95 and No. 2251 -95 by striking the words Absorbtech, LLC wherever they appear therein and substituting in lieu thereof the words "AT of Indiana LLC". 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 Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Peter Trybula, attorney, made the presentation for the resolution. He indicated Resolution No. 2251 -95 was passed in July of 1995, and since then Absortech has formed a holding company, L.L.C. and this would amend the resolution to reflect this change. 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 eight ayes. RESOLUTION NO. 2295 -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 3900 WEST WILLIAM RICHARDSON DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND ABSORBTECH, LLC 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 3900 West Richardson Drive, South Bend, Indiana, and which is more 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 6754" East and a length of 547.92 feet to the point of beginning. and this property has Key Number 25 1012 0198 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. Peter Trybula, attorney, made the presentation for the resolution. He indicated this is a companion abatement resolution for equipment to be used at this facility. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2296 -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 401 SOUTH MICHIGAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF WESTERN AVENUE PARTNERS, LLC 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 401 S. Michigan Street, South Bend, Indiana, and which is more particularly described as follows: A parcel of land being a part of the Southwest Quarter of Section Twelve (12) Township Thirty -seven (37) North, Range Two (2) East, also known as part of Lots Numbered thirteen (13), Fourteen (14), Fifteen (15) and part of Lot Sixteen (16) and the adjacent vacated 14 foot alley in Martin's Addition all in the City of South Bend, Indiana and more particularly described as: Beginning at the Northeast corner of said Lot 13; thence north 89 45'35" West along the South right -of -way line of Western Avenue, a measured distance of 165.05 feet; thence South 0 00'00" East along the West line of said lots 13, 14, 15, and 16, a measured distance of 251.77 feet; thence South 89 52' 37" East, a distance of 165.05 feet to the West right -of -way line of Michigan Street; thence North 0 00100" East (bearing assumed) along said West right -of -way line, also being the East line of said Lots 13, 14, 15 and 16, a distance of 251.48 feet to the place of beginning. and which has Key Number 18 3016 0593 through 18 3016 0597 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 qualified for and is granted property tax di SECTION VII. The Common Council directs adoption of this Declaratory Resolution published pursuant to Indiana Code 5 -3 -1 publication providing notice of the public proposed confirming of said declaration. determines that the property owner is eduction for a period of six (6) years. the City Clerk to cause notice of the for Real Property Tax Abatement to be and Indiana Code 6 -1.1- 12.1 -2.5, said hearing before the Common Council on the 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 resolution and recommended it to the Council favorable. William Panzica, managing member of the partnership, made the presentation for the resolution. He indicated they were building a new facility that will house the US Federal Bankruptcy Court. He indicated this property would be put back on the tax roles. 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 eight ayes. RESOLUTION NO. 2297 -95 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF ADDITIONAL OFFICE SPACE FOR THE OFFICE OF THE SOUTH BEND DEPARTMENT OF ECONOMIC DEVELOPMENT IS NEEDED. WHEREAS, the Board of Public Works of the City on October 16, 1995, received a petition signed by of South Bend, requesting that the Board provide offices of the City of South Bend Department of Econi a lease agreement with the 1st Source Bank of South known as the First Bank Building, 205 West Jefferson for a term of one (1) year, with a monthly rental of Two and 50 /100 Dollars with an option to renew for this same monthly rental; and of South Bend, Indiana (Board), fifty (50) taxpayers of the City additional office space for the Dmic Development by entering into Bend, Indiana, for the building Boulevard, South Bend, Indiana, One Thousand Six Hundred Twenty - an additional two (2) years at WHEREAS, the Board also received, on October 16, 1995, a certificate of the St. Joseph County Auditor, certifying that the verifier of the petition and the signatories of the petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1- 10 -7(2) requires, prior to the Board of Public Works entering into such a lease agreement, that the Common Council, after investigation, determine that the same is needed. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND COMMON COUNCIL, AS FOLLOWS: 1. That the Common Council has conducted a public hearing on this resolution, and has heard persons desiring to speak in favor and opposed to the adoption of this resolution. 2. That the Common Council finds that the current offices of the City of South Bend Department of Economic Development (the "Department ") located at 1200 County - City Building, in the City of South Bend, are not large enough to house the entire staff of said Department and it otherwise inadequate to serve to serve the needs of the Department. 3. That the most efficient and cost effective allocation of resources warrants the relocation of a portion of the staff of the Department from said offices to new offices that are adequately sized to house said staff members. 4. That approximately 1770 square feet of office space is available on the 4th floor of the building known as the First Bank Building 205 W. Jefferson Boulevard, South Bend, Indiana, and can be renovated by the 1st Source Bank to accommodate said staff members. 5. That on the 16th day of October, 1995, a petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana requesting that it provide additional office space for the offices of the City of South Bend Department of Economic Development by entering into a lease agreement with the 1st Source Bank of South Bend, Indiana, for approximately 1770 square feet and being situated on the 4th floor of the building known as the First Bank Building, 205 West Jefferson Boulevard, South Bend, Indiana, for a monthly rental of One Thousand Six Hundred Twenty -Two and 50/100 Dollars ($1,622.50). 6. That on the 16th day of October, 1995, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the petition are taxpayers of property located within the corporate limits of the City of South Bend. 7. That on the 16th day of October, 1995, a proposed Lease Agreement was filed with the Board of Public Works. 8. That having heard all speakers at the presentation and hearing on this resolution on this 23rd day of October 1995, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigations, discussions and consideration by the individual Council members, the South Bend Council hereby finds, pursuant to I.C. 36- 1- 1 -10 -7 (2), that the provision of additional office space for the office of the City of South Bend Department of Economic Development by lease, as petitioned by the Fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor, is needed. 9. 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 resolution and recommended it to the Council favorable. Pam Meyer, director of planning, indicated this lease would renew their present lease for two years with a renewal option. She indicated the rent remains the same. 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 eight ayes. RESOLUTION NO. 2298 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNTIED STATES GOVERNMENT DEPARTMENT OF COMMERCE (ECONOMIC DEVELOPMENT ADMINISTRATION) AN APPLICATION FOR A PLANNING ASSISTANCE GRANT UNDER SECTION 302 (a) OF THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965, AS AMENDED. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for a Planning Assistance Grant under Section 301 (a) of the Public Works and Economic Development Act of 1965, as amended; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a grant application to the United States Department of Commerce (Economic Development Act of 1965, as amended. SECTION II. That the Common Council of the City of South Bend, Indiana has hereby received from the Mayor the 302 (a) Planning Assistance Grant Application and has reviewed and hereby approves the same. SECTION III. That for every activity, project, or program to be funded under this resolution, the mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Economic Development Administration grant funds received upon approval of this application. SECTION IV. That the Mayor shall be authorized to accept and affirm the grant award should one be made. SECTION V. That the City's Department of Community and economic Development be designated as the City of South Bend's administrating agency and office. SECTION VI. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. SECTION VII. That every action of the Mayor and /or his agents occurring prior to the effective date of this resolution, but consist with and in furtherance of the approvals contained herein, including, but not limited to the submission of the Planning Assistance Grant Application to the Economic Development Administration are hereby ratified. /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 resolution and recommended it to the Council favorable. Pam Meyer, director of planning, indicated this resolution would allow them to apply for a $90,000 grant which would be a continuation of the initial grant received in 1995 for allows for approval of a Special Impact Area. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of eight ayes. Council Member Luecke made a motion to return to Resolution No. 95 -81, seconded by Council Member Duda. The motion carried. RESOLUTION NO. 2291 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2517 AND 2525 WEST EWING AVENUE, 2502 2510, 2602 AND 2612 WEST CALVERT STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR G & M PROPERTIES WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as a Residentially distressed Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2517 and 2525 W. Ewing and 2502, 2510, 2602, 2612 W. Calvert Street, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Kev Number 2517 W. Ewing Lot 253A HomeLand 2nd Add. 18 8105 3988 2525 W. Ewing Lot 255A HomeLand 2nd Add. 18 8105 3986 2502 W. Calvert Lot 224A Homeland 2nd Add. 18 8103 3890 2510 W. Calvert Lot 226A Homeland 3rd Add. 28 8103 3888 2602 W. Calvert Lot 282A Homeland 3rd Add. 18 8106 4030 2612 W. Calvert Lot 284A Homeland 3rd add. 18 8106 4028 as a Residentially Distressed 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 a residentially distressed 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 a Residentially Distressed 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 tx 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 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. Council Member Zakrzewski made the presentation for the resolution. He indicated this was a confirming resolution, and the two homes on Ewing were nearly completed, and the other four homes have not been started. He indicated these homes were being built in distressed neighborhoods. Council Member Puzzello made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILLS NO. 64 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $141,972.00 FROM PROJECT RELEAF This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing and third reading on November 13, and refer it to the Public Works and Property Vacation Committee, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill No. 61 -95 for public hearing and third reading on November 13, and refer it to the Zoning and Annexation Committee, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to set Bill No. 52 -95 for public hearing and third reading on November 13, and refer it to the Zoning and Annexation Committee, seconded by Council Member Duda. The motion carried. 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 Washington. The motion carried. The meeting was adjourned at 5:55 p.m. ATTEST: Y 111.1 11� City Clerk ATTEST: