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HomeMy WebLinkAbout09-27-93 Counicl Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, September 27, 1993, 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 the Council and found them correct. Therefore, we recommend the same be approved. /s/ Stephn Leuecke /S/ Loretta Duda of the September 13, 1993, meetings of Council Member Coleman made a motion that the minutes of the September 13, 1993, meetings of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Council President Luecke announced that Jon Hunt had received the Ivan H. Brineger Municipal Management Award at the IAC &T in Evansville. He indicated this award recognizes an appointed municipal official with at least 10 years of dedicated service. Council Member Ladewski announced that a delegation from Czestochowa, Poland, our sister city, will be in South Bend the week of October 7. Council Member Kelly made a motion to resolve into the Committee of the Whole, seconded by Council Member Washington. 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 on September 27, 1993 at 7:05 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 66 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING ", AS IT RELATES TO THE FRONT YARD SETBACK FOR FREESTANDING SIGNS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, made the presentation for the bill. He indicated this bill was initiated in Area Plan to correct an error in Ordinance No. 8335 -92 which omitted the setback requirements for signs in "C" Height and Area District. He indicated that currently the "C" District requires a 20 foot front setback for signs, which is 15 feet greater than any other District. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 70-93.A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, RELATIVE TO FLOODPLAIN REGULATIONS, BY DELETING ARTICLE 12 IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE 12. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Washington. The motion carried. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, made the presentation for the bill. He indicated there had been changes made to the Flood Control Act of 1945, and this bill would bring the Municipal Code into compliance with Federal standards. Council Member Slavinskas made a motion to recommend this bill Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 81 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8318 -92 ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS, ADDITIONS AND IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO PROVIDE FOR THE COSTS THEREOF, AND AUTHORIZING THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH WATERWORKS AND OTHER RELATED MATTERS ". 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 Zakrzewski reported that the Utilities and Personnel and Finance Committees had met on this bill and recommended it to the Council favorable. John Stancati, Director of the Water Works, made the presentation for the bill. He indicated this bill amends Section 2, to include a list of the projects to be funded; Section 4 is amended to include the interest rate of 8 %; Section 7 is amended to permit optional redemption on January 1, 2003, and to permit the successful bidder for the Bonds to aggregate all or some of the bonds into Term Bonds which require less bond certificates. Council Member Luecke 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. FATTEST; ty (REGULAR MEETING RECONVENED Ammvom_ 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 7:13 p.m. Council President Luecke presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8413 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING ", AS IT RELATES TO THE FRONT YARD SETBACK FOR FREESTANDING SIGNS. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8414 -93 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, RELATIVE TO FLOODPLAIN REGULATIONS, BY DELETING ARTICLE 12 IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE 12. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8415 -93 AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1994. This bill had third reading. Council Member Washington made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8416 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1994, AND ENDING DECEMBER 31, 1994, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Washington. The motion carried. Council Member Zakrzewski made a motion to pass the bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8417 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1994, AND ENDING DECEMBER 31, 1994, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8415 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8318 -92 ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS, ADDITIONS AND IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO PROVIDE FOR THE COSTS THEREOF, AND AUTHORIZING THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH WATERWORKS AND OTHER RELATED MATTERS ". This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2067 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 400 WEST SAMPLE STREET, SOUTH BEND, INDIANA 46634 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR TURNMASTER CORP. d /b /a SOUTH BEND LATHE CORP. 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 400 W. Sample, South Bend IN, and which is particularly described as follows: Parcel No. 6 in the Inner Belt Industrial Park, a Subdivision in the Southeast and Southwest Quarters of Section Eleven (11) and the Northeast Quarter (1/4) of Section Fourteen (14) all in Township Thirty -seven (37) Range Two (22) east of the Second Principal Meridian, City of South Bend, Indiana, the Plat of which is recorded in the office of the Recorder of St. Joseph County, Indiana, in Plat Book 21, page I, EXCEPTING therefrom the West 30 feet of the East 40 feet of vacated Prairie Avenue. Also, EXCEPTING therefrom a part of Parcel No. 6 Inner Belt Industrial Park described as follows, viz: Beginning at the Southwest corner of Parcel No. 6 Inner Belt Industrial Park; thence North zero degrees 10 minutes 32 second West 73.55 feet along Easterly line of Chapin Street; thence Northeasterly to the right on the arc of a curve 60.52 feet with a radius of 565 feet and limited to in length by a long chord of 60.49 feet along the East line of Chapin street; thence North 5 degrees 57 minutes 39 seconds East 52.92 feet along said East line of Chapin Street; thence South 61 degrees 39 minutes 41 seconds East 81.15 feet to the Southeasterly line of said Parcel No. 6; thence Southwesterly 167.68 feet along said Southeasterly line to place of beginning. with said real estate having the following Key No. 18- 8021 - 084906 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et 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 /Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated this facility was in need of renovation. He indicated they planned to insulate the walls, install heating units, install a skylight, and reroof a portion of the building, in order to have better working conditions for their employees. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILL NO. 93 -71 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3515 BOLAND DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOCIETY LEASING (f /b /o AMERICAN TOOL & DIE, INC.) The petitioner was not in the Chambers, therefore, Council Member Slavinskas made a motion to continue this bill until October 11, seconded by Council Member Coleman. The motion carried. ORDINANCE NO.2068 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS: 1827 N. BENDIX DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: SOLVAY AUTOMOTIVE, 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 1827 N. Bendix Dr., South Bend IN, and which is particularly described as follows: A parcel of land being part of the Northeast Quarter of the south east quarter of Section 33, Township 38 North, Range 2 East, in the City of South Bend, Portage Township, St. Joseph County, Indiana. with said real estate having the following Key Nos. 182184693802, 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 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 /Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Mark Witucki, a representative of the petitioner, made the presentation for the resolution. He indicated they were installing equipment to produce plastic fuel tanks and parts, which is anticipated to generate $42 million in additional sales. 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 NO. 2069 -93 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 322 EAST COLFAX AVENUE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION ON BEHALF OF RKE, INC. (DBA: STEPHENSON MILL) 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 322 E. Colfax, South Bend, Indiana, and which is more particularly described as follows: parr-al A- That part of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the intersection of the South right -of -way line of Colfax Avenue and the West right -of -way line of Gintz Avenue which point is West 256.3 ft. from an iron set for the Southwest corner of Niles Avenue and Colfax Avenue; thence south )5°53122" East along said West right -of -way line 274.37 ft. (Record, South 05 °31' West, 274.4 ft.); thence North 898814811 West, 167.91 ft. (Record, West 167.9 ft.); thence North 15°07145" West, 87.70 Ft. (Record, North 15 16' West); thence North 8'F52106" East, 47.34 ft. (Record N. 89 °47'East 47.25 ft.); thence North 0C'56'55" West (Record North 00'56'West 188.2 ft.) to the South right -of -way line, (Record, East 118.48 Ft.), 118.42 Ft. to the point of beginning. Containing 0.8877 acres. Subject to all legal highways, easements and restrictions of record. Parcel B• That part of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at a point on the West right -of -way line of Gintz Avenue right -of -way line and its extension (Record South 0592714411 East), 152.28 ft.; thence North 8 P 58'48" West, 149.14 ft.; thence North 24 037129" West, 166.65 ft.; thence South 89P 58'48" East, 202.95 ft. to the point of beginning. Containing 0.6121 acres. Subject to all legal highways, easements and restrictions of record. and which has Key Number 18 5001 0007, 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, Indian, 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. 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. G. That the area is located in an Economic Development Target Area designated as such under Indiana Code 6 -1.1- 12.1 -7. 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/ Stephen J. Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Ann Kolata, Deputy Director of Community and Economic Development, made the presentation for the resolution. She indicated RKE, Inc. was in the business of developing, constructing and managing multi - family housing. She indicted they planned to renovate the Opelika Building which will now be called the Stephenson Mill Building. She indicated a total of 39 one or two bedroom apartments will be created. Richard Arnesen, a representative of RKE, indicated they anticipated starting the renovation in November. He indicated this building will be designated a national historic landmark. Council Member Kelly 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 NO. 2070 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 701 WEST CHIPPEWA AVENUE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR PLASTIC SOLUTIONS, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 701 W. Chippewa, South Bend, Indiana, and which is more particularly described as follows: PARCEL I- A tract of land in Section 23, Township 37 North, Range 2 East of the Second Principal Meridian in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Southwest corner of Section 23, Township 37 North, Range 2 East; thence along the South line of said Section 23 South 89 degrees 37 05" East (the bearing of this course being assumed and all other bearings being derived therefrom) 2,649.08 feet to the Southwest corner of the Southwest Quarter of said Section 23; thence continuing along the South line of said Southeast Quarter South 90 degrees 00' 00" East 178.42 feet to the Point of beginning of this tract of land; thence North 0 degrees 27' 07" East 752.87 feet thence South 89 degrees 32' 53" east 576.63 feet; thence North 00 degrees 37107" East 1885.37 feet to the North line of the Southeast Quarter of said Section 23; thence South 89 degrees 36' 39 "D East 150.00 feet along the North line of said Southeast Quarter; thence North 0 degrees 23' 21" East 40/.00 feet; thence South 89 degrees 36' 39" parallel to the North line of said Southeast Quarter 80.00 feet; thence South 0 degrees 23' 21" West 40.00 feet to the North line of said Southeast Quarter; thence south 89 degrees 36' 39" East along said North line 1656.99 feet to the Northeast corner of said southeast quarter; thence south 0 degrees 23' 54" West 163.00 feet along the East line of Section 23; thence South 89 degrees 36' 06" East 17.10 feet to the Westerly right -of -way of the Conrail Railroad; thence along said right -of -way of line 805.63 feet along a curve to the right having a radius of 5680.15 feet and subtended by a long chord having a bearing of South 25 degrees 20' 34" West and a length of 804.95 feet; thence continuing on said right -of- way line South 29 degrees 17' 52" West 1983.97 feet to the South line of Section 23 and the centerline of Chippewa Avenue; thence South 90 degrees 00'00" West along said South line 1184.94 feet to the Point of Beginning. Containing 89.675 acres more or less. IIA"1601MMF A non - exclusive right -of -way and easement for the use, inspection, construction, installation, repair, maintenance, and replacement, of a 48 inch storm sewer for surface water run -off as it flows from the Main Plant (Parcel 1), across, through, over and under "Plant 8" and the "Remaining Property" (as defined in the Declaration of Easements, Covenants, and Conditions made as of September 20, 1984 by Amland Corporation and recorded in the Office of the Recorder of St. Joseph County, Indiana as Document No. 8419846 into Bowman Creek. Said easement to be described as follows: A parcel of land in the Northeast Quarter of Section 23, Township 37 North, Range 2 East, being a strip of land thirty (30) feet wide, fifteen (15) feet on each side of the following described line. Beginning at a point on the south line of said Northeast Quarter 680 feet West of the Southeast corner of said Quarter Section; thence North 0 degrees 25' East 43 feet; thence North 49 degrees West along the approximate centerline of the existing storm sewer 148 feet to the North line of Plant 8 parcel. 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/ Stephen J. Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Robert Tennyson, a president of Plastic Solutions, made the presentation for the resolution. He indicated they were purchasing eight new injection molding machines, which will double their original size in capacity, size and employment. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to reverse the order of the next two resolutions and have 93 -76 precede 93 -75, seconded by Council Member Washington. The motion carried. Council Member Puzzello made a motion to combine public hearing, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2071 -93 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AUTHORIZING THE URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INDIANA, INC. TO SUBMIT AN APPLICATION FOR AN ENTERPRISE ZONE BOUNDARY MODIFICATION TO THE INDIANA URBAN ENTERPRISE ZONE BOARD. WHEREAS, the State of Indiana has enacted I.C. 4- 4 -6.1, allowing certain areas within Indiana to be designated as "Enterprise Zone" areas and entitling property owners therein to certain benefits (as provided by law), from time to time; and WHEREAS, a certain area within the City of South Bend, Indiana, has been so designated as an Enterprise zone effective as of January 1, 1984, modified effective May, 1989, the boundaries of which are those identified at Exhibit "A," hereto; and WHEREAS, the Indiana Enterprise Zone Board has adopted a policy dated October 14, 1986, revised as of July 16, 1993, stating, in part, that modification of an Enterprise zone will not be considered without approval of such request by the Urban Enterprise Association, Mayor and City Council of the City within whose borders the Enterprise Zone is located; and WHEREAS, application has been made to modify the Enterprise Zone located within the City of South Bend, Indiana (hereinafter, the "Zone "), to include within the Zone certain parcels of real estate and to delete from the Zone certain other parcels of real estate, all as described at Exhibit "B" attached hereto and incorporated herein; and WHEREAS, the parcels of real estate described at Exhibit "B" comprise property that is suitable for the redevelopment of commercial, industrial and residential activities and that is compatible with the goals and objectives of the five -year strategic plan of the Urban Enterprise Association of South Bend, Indiana, Inc., and that the inclusion of said properties is an appropriate modification of the boundary of the Enterprise Zone located within the City of South Bend, Indiana; and WHEREAS, the specific parcels to be deleted from the Zone, as described at Exhibit "B ", and the justification for such deletions are specified in the five -year strategic plan of the Urban Enterprise Association of South Bend, Indiana, Inc; and WHEREAS, the Urban Enterprise Association of South Bend, Indiana, Inc., has approved the request for this boundary modification at a public meeting held on September 15, 1993. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. That the request for modification of the Enterprise Zone located within the City of South Bend, Indiana, which modification would modify the existing Enterprise Zone to include certain parcels of real property as described at Exhibit "B" hereto, and to delete certain other parcels of real estate described at Exhibit "B ", hereto, thereby modifying the boundaries of the Enterprise Zone located within South Bend, Indiana, to those defined at Exhibit "D ", hereto, shall be and hereby is approved. Section II. That the demographic and economic impacts of the proposed boundary modification, as detailed in the boundary modification justification application, attached hereto as Exhibit "C," shall be and hereby are accepted. Section III. That the boundary modification justification application attached hereto as Exhibit "C," shall be and hereby is approved and accepted. Section IV. That this Resolution Constitutes the approval of the request for modification of the urban Enterprise Zone by the Council and Mayor of the City within which the zone in question is located, as required by the policy guidelines established by the Indiana Enterprise Association of South Bend, Indiana, Inc., to submit an application recommending an enterprise zone boundary modification to the Indiana Enterprise Zone Board. Section V. That 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. 2072 -93 /s/ Stephen Luecke Member of the Common Council A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A FIVE YEAR STRATEGIC PLAN, IDENTIFYING THOSE COMMUNITY AND ECONOMIC DEVELOPMENT INCENTIVES AVAILABLE IN THE ENTERPRISE ZONE LOCATED IN SOUTH BEND, INDIANA, AND AUTHORIZING THE SUBMISSION TO THE INDIANA URBAN ENTERPRISE ZONE BOARD AND STATE BUDGET COMMITTEE OF AN APPLICATION FOR THE RENEWAL OF THE ENTERPRISE ZONE LOCATED IN SOUTH BEND, INDIANA. WHEREAS, the State of Indiana has enacted I.C. 4- 4 -6.1, allowing certain areas within Indiana to be designated as "Enterprise Zone" areas and entitling property owners therein to certain benefits (as provided by law), from time to time; and] WHEREAS, a certain area within the City of South Bend, Indiana has been so designated as an Enterprise Zone, effective as of January 1, 1984, said area modified effective as of May, 1989; and WHEREAS, said designation terminates effective December 31, 1993; and WHEREAS, the State of Indiana has provided a mechanism to allow for the renewal of areas designated as Enterprise Zones; and WHEREAS, the Urban Enterprise Association of South Bend, Indiana, Inc. throughout its existence has been engaged in and has undertaken a number of programs and operations in and serving businesses and residents located within the Enterprise Zone located within South Bend, Indiana (hereinafter, the "ZONE "), and continues to operate, supervise and conduct various such programs and operations; and WHEREAS, the Board of Directors of the Urban Enterprise Association of South Bend, Indiana, Inc. (hereinafter, the BOARD) has expressed its continued commitment to its mission of increasing the number of jobs in the ZONE by the retention and expansion of existing businesses and the attraction and development of new businesses and improving the quality of life of ZONE residents, improving ZONE residents employability, and filling ZONE jobs with ZONE residents; and WHEREAS, the BOARD has caused the development and creation of a five year strategic plan reviewing the history of the Enterprise Association of South Bend, Indiana, Inc. and its past and ongoing activities in the ZONE and to guide its activities within the ZONE over the next five years; and WHEREAS, the BOARD by resolution dated September 15, 1993, approved a proposed modification of the boundaries of the ZONE and authorized the filing of a resolution with the Common Council of the City of South Bend, Indiana, seeking the approval of the Common Council and Mayor of the City of South Bend to such boundary modification; and WHEREAS, the BOARD has caused this completion of an application for renewal of the ZONE with said boundary modification; and WHEREAS, after proper advertising of the same pursuant to I.C. 5- 3- 1 -2(b) the BOARD conducted a public hearing on September 15, 1993 to discuss the history of the urban Enterprise Association of South Bend, Indiana, Inc., its progress, and said five year strategic plan and the proposed boundary modification described herein; and WHEREAS, having considered the same and the comments of the public received at said public hearing, the BOARD determined that said five year strategic plan provides a clear and proper perspective of the past work of the Urban Enterprise Association of South Bend, Indiana, Inc. within the ZONE and sets forth appropriate strategy and gives appropriate guidance to the BOARD concerning its activities in the ZONE over the next five years and that it is in the best interest of the ZONE, the City of South Bend, Indiana, and the businesses and residents in the ZONE, and approved and adopted said five year strategic plan; and WHEREAS, considered the same and the comments of the public received at said public hearing, the BOARD determined that it is in the best interest of the ZONE, the City of South Bend, Indiana, and the businesses and residents in the ZONE, and approved the application for renewal of the Enterprise Zone designation, with such boundary modification as was approved by the BOARD by resolution dated September 15, 1993; and WHEREAS, having considered the same and the comments of the public received at said public hearing, the BOARD determined that it is in the best interest of the ZONE, the City of South Bend, Indiana, and the businesses and residents in the ZONE, and approved the application for renewal of the Enterprise Zone designation, with such boundary modification as was approved by the BOARD by resolution dated September 15, 1993; and WHEREAS, the Common Council of the City of South Bend, Indiana, has reviewed said five year strategic plan, a true and complete copy of which is attached hereto, and has determined that certain community and economic development incentives are available within the ZONE, with such boundary modification as was approved by the BOARD, and that it is in the best interests of the City of South Bend, the ZONE and the residents and businesses within the ZONE, that the application for renewal, as approved by the BOARD, and all supporting documentation, be submitted to the Indiana Urban Enterprise Association or its review and evaluation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. That the following community and economic development incentives are among those available within the ZONE. A. Loans to businesses through the City of South Bend's Industrial Revolving Loan Fund. B. The availability of tax increment to the City of South Bend Department of Redevelopment for use throughout the Sample -Ewing Development Area, a redevelopment area within the boundaries of which the ZONE IS located, for financing local public improvements in or serving the Sample -Ewing Development Area. C. The availability of real and personal property tax abatement for industrial, institutional and warehousing development within the ZONE. D. The targeting of Community Development Block Grant funds by the City of South Bend to assist in funding the operations of the Southeast and Rum Village Partnership centers, cooperative efforts of the City of South Bend and affected neighborhood organizations to provide a focus for neighborhood planning and improvement activities. E. The provision of staff services by the City of South Bend to the Neighborhood Resource and Technical Services Corporation, an Indiana not -for- profit corporation targeting urban neighborhoods, including the South East and Rum Village neighborhoods and neighborhood associations located within the ZONE for technical and other support. 2. That the five year strategic plan, a true and complete copy of which is attached hereto and incorporated herein, dated as of September 15, 1993, shall be and hereby is approved. 3. That the application for renewal of the ZONE, with such boundary modification as were approved by the BOARD by separate resolution of the BOARD dated September 15, 1993, shall be and hereby is approved. 4. The Executive Director of the BOARD is hereby authorized and directed to cause to be submitted to the Indiana Urban Enterprise Zone Board for its evaluation and review the application for renewal approved hereby, as well as the five year strategic plan approved hereby, and any and all supporting documentation, documents, publication proofs, resolutions, and the like. 5. This resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. /s/ Stephen Luecke Member, Common Council A public hearing was held on the resolutions at this time. Pamela Meyer, Director of Urban Enterprise Association, made the presentation for the resolutions. She indicated these resolutions authorize the UEA to submit an application to modify the boundaries and have the Council approve the five year strategic plan of the Urban Enterprise Zone. She indicated the boundary modification is being sought in conjunction with the UEA's application to renew the designation of the Enterprise Zone. She indicated the UEA identifies the community and economic development incentives available in the enterprise zone and authorizes the Board to submit an application for renewal. Council Member Coleman made a motion to adopt Resolution No. 2071 -93, seconded by "Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. Council Member Puzzello made a motion to adopt Resolution No. 2072 -93, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Washington made a motion to rescind the motion to continue public hearing on resolution 93 -71, seconded by Council Member Puzzello. The motion carried. RESOLUTION NO. 2073 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3515 BOLAND DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOCIETY LEASING (f /b /o AMERICAN TOOL & DIE, 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 3515 Boland Dr., South Bend IN, and which is particularly described as follows: A part of the Northeast Quarter of Section 28, Township 38, North, Range 2 East, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of said quarter section; thence South 89 degrees 58 minutes 56 seconds West 1200.00 feet; thence North 0 degrees 00 minutes 23 seconds East 120 feet to the point of beginning of this description: thence South 89 degrees 58 minutes 56 seconds West 329.55 feet along the north line of Boland Drive; thence North 89 degrees 58 minutes 56 seconds West 375.00 feet along the West line of Kenmore Street; thence South 375.00 feet along the West line of Kenmore Street; thence South 44 degrees 59 minutes 40 seconds West 14.15 feet to the point of beginning, containing 3,000 acres, more or less. The bearing of the south line of the Southeast Quarter of Section 28 is assumed North 90 degrees 00 minutes 00 seconds West. with said real estate having the following Key Nos. 25 1010 038601 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 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 /Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. James Knepp, attorney, made the presentation for the resolution. He indicated this company has increased its workforce in 15 years to 33 employees. He indicated they were purchasing state - of- the -art equipment in order to be retain their present business and generate new business. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 82 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED EAST OF MAYFLOWER ROAD, BETWEEN BRICK AND CLEVELAND ROADS IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (SHIVELY /DEMAEGT ANNEXATION). This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on October 11, seconded by Council Member Coleman. The motion carried. BILL NO. 8393 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 4 -60 OF THE SOUTH BEND MUNICIPAL CODE REGARDING TRANSIENT MERCHANT LICENSES. This bill had first reading. Council Member Coleman made a motion to refer this bill to Personnel and Finance Committee and set it for public hearing and third reading on October 11, seconded by Council Member Washington. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Washington. The motion carried and the meeting was adjourned at 7:50 p.m. ATTEST: Liz 'r✓ City Clerk ATTEST: