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HomeMy WebLinkAbout06-28-93 Council Meeting MinutesREGULAR MEETING JUNE 28, 1993 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, June 28, 1993, at 7:00 The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Kelly, Puzzello, Slavinskas, Zakrzewski, and Ladewski Absent: Council Members Washington and Coleman REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: 559 The sub - committee has inspected the minutes of the June 14, 1993, meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Stephen J. Luecke s /Loretta J. Duda Council Member Duda made a motion that the minutes of the June 14 meeting of the Council be accepted and placed on file, seconded by Council Member Kelly. The motion carried. REPORTS OF CITY OFFICES John Leszczynski, Director of Public Works, gave a departmental report. SPECIAL BUSINESS Council Member Slavinskas made a motion to reappoint Frank Linarello to the TRANSPO Board, seconded by Council Member Ladewski. The motion carried. Due to the resignation of Cynthia Brubaker from the Historic Preservation Commission, Council Member Kelly made a motion to appoint Jerome Wiener to finish her term, seconded by Council Member Ladewski. The motion carried. Council Member Duda made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. 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 June 28, 1993, at 7:30 p.m., with seven members present. Chairman Zakrzewski presided. BILL NO. 43 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE WEST 116 FEET OF THE FIRST EAST -WEST ALLEY NORTH OF LASALLE STREET, RUNNING BETWEEN NOTRE DAME AVENUE AND FRANCES STREET. 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. Council Member Puzzello made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Slavinskas. The motion carried. John Ford, attorney for the petitioner, made the presentation for the bill. He indicated St. Joseph's Medical Center was asking for this vacation in order to maximize the number of parking spaces to fit on the property. He indicated they will maintain all alleys abutting the parking lot. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Duda. The motion carried. BILL NO. 51 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF N. BENDIX DR. FROM THE NORTH RIGHT -OF -WAY LINE OF W. GREENE ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING EAST -WEST ALLEY NORTH OF W. GREENE ST. FOR THE DISTANCE OF APPROXIMATELY 114 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; ALSO, A PORTION OF SAID EAST -WEST ALLEY FROM THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF N. BENDIX DR. TO THE EAST LINE OF LOT 36, WESTCHESTER FIRST UNIT. PART LOCATED IN WESTCHESTER FIRST UNIT IN THE CITY OF SOUTH BEND, INDIANA. Council Member Luecke made a motion to continue this bill until July 12, seconded by Council Member Puzzello. The motion carried. BILL NO. 52 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 6, SECTION 18 -57 OF THE SOUTH BEND 560 REGULAR MEETING JUNE 28, 1993 MUNICIPAL CODE BY AMENDING SAID SECTION ADDRESSING THE PENALTY FOR FAILURE TO DISPLAY ADDRESS STREET NUMBERS, AND ADDING THE PENALTY TO SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS. 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 Ladewski reported that the Public Safety Committee had met on this bill and recommended it to the Council favorable. Council Member Ladewski made the presentation for the bill. He indicated this bill was requested by taxicab drivers, and the Police Department also felt there was a need for such an ordinance. Police Chief Marciniak indicated that in emergency situations, seconds, were important in locating a residence, and with the house numbers visible police and medical persons could respond faster. Fire Chief Taylor spoke in favor of this bill. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 53 -93 A BILL OF THE SOUTH BEND CHAPTER 13 OF THE SOUTH B ORDINANCE PROHIBITING THE OF PATRONIZING, PROMOTING This being the time heretofore set for public and opponents were given an opportunity to be indicated that the Public Safety Committee had the Council favorable. Jim Caldwell, Administ. made the presentation for the bill. He indica plagued by prostitutes in motor vehicles, and bus stops. He indicated this bill will assist Captain Tom Fautz, Member of the Nest Team, in, prostitutes were arrested, as well as 200 peop prostitute. Police Chief Marciniak indicated the Police Department. Bruce Collier, 318 E. the money collected should be used to help reh Mitchem, 1520 S. Carroll; Mike Mather, 122 E. spoke in favor of the bill. Rev. Miles, 1237 St., spoke against this bill. Council Member bill by changing the word owner to owners of r Puzzello. The motion carried. Council Member bill to the Council favorable, as amended, sec motion carried. rise and carried. Council Member Luecke made a motion to Council Member Washington. The motion ATTEST: City Clerk REGULAR MEETING RECONVENED ON COUNCIL AMENDING ARTICLE 4 OF MUNICIPAL CODE ESTABLISHING AN OF MOTOR VEHICLES FOR THE PURPOSES /OR THE COMMISSION OF PROSTITUTION. earing on the above bill, proponents eard. Council Member Ladewski met on the bill and recommended it. to ative Assistant for Neighborhoods, ed that some neighborhoods were being hey were even bothering children at the Police in combating crime. icated that in 1992 over 100 e were arrested for patronizing a his bill would be a tool in assisting aney, indicated he felt that part of bilitate the prostitutes. Greg aney; Harry Marsh, 1520 S. Carroll, . Meade; Ernest Dickson, 2706 Wall. lavinskas made a motion to amend the cord, seconded by Council Member Kelly made a motion to recommend this nded by Council Member Puzzello. The report to the Council, seconded by ATTEST: Be it remembered that the Common Council of the City of South`send reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:23 p.m. Council President Luecke presiding, and seven members were present. BILLS. THIRD READING ORDINANCE NO. 8385 -93 AN ORDINANCE TO VACATEITHE FOLLOWING DESCRIBED PROPERTY: THE WEST 116 FEET OF THE FIRST EAST -WEST ALLEY NORTH OF LASALLE STREET, RUNNING BETWEEN NOTRE DAME AVENUE AND FRANCES STREET. This bill had third reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole; seconded by Council Member Duda. The motion carried. Council Member Puzzello made a motion to pass the bill, as amended, seconded by Council Member Kelly. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 8386 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 6, SECTION 18 -57 OF THE SOUTH BEND MUNICIPAL CODE BY AMENDING SAID SECTION ADDRESSING THE PENALTY,FOR FAILURE TO DISPLAY ADDRESS STREET NUMBERS, AND ADDING THE PENALTY TO SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS. This bill had third reading. Council Member Za bill, seconded by Council Member Ladewski. Th seven ayes. ORDINANCE NO. 8387 -93 AN ORDINANCE ON A BILL AMENDING ARTICLE 4 OF CODE ESTABLISHING AN O VEHICLES FOR THE PURPO rzewski made a motion to pass this bill passed by a roll call vote of OF THE SOUTH BEND COMMON COUNCIL HAPTER 13 OF THE SOUTH BEND MUNICIPAL DINANCE PROHIBITING THE USE OF MOTOR ES OF PATRONIZING, PROMOTING AND /OR REGULAR MEETING JUNE 14, 1993 THE COMMISSION OF PROSTITUTION. This bill had third reading. Council Member Zakrzewski 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 Zakrzewski made a motion to pass the bill, as amended, seconded by Council Member Kelly. The bill passed by a roll call vote of seven ayes. RESOLUTION NO. 2049 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN PROPERTY WITHIN THE CITY COMMONLY KNOWN AS THE NORTHEAST CORNER OF HAMILTON AND HUEY STREETS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR GREATER SOUTH BEND DEVELOPMENT COMPANY. Whereas, a petition for real property Common Council of the City of South Bend, known as the northeast corner of Hamilton particularly described as follows: tax abatement has been filed with the Indiana, requesting that the area commonly and Huey Streets, and which is more A lot or parcel of land in the West Half (1/2) of the Northeast Quarter of Section Thirty -four (34), Township Thirty -eight (39) North, Range Two (2) East, described as beginning at the intersection of the East line of Huey Street with the North line of Hamilton Street in the City of South Bend, which point is 164.26 feet North and 686 feet East of the Southwest corner of the said Northeast Quarter (1/4) of Section 34; thence running North on the East line of Huey Street, 132 feet; thence East 127 feet, thence South 132 feet to the North line of Hamilton Street; thence West on said line 127 feet to the place of beginning, and being known as the parcel of land 127 feet in width, East and West, taken off of and from the entire width of the West end of Lot Numbered Eighty -seven (87) as shown on a proposed plat of Jackson's subdivision, in the City of South Bend, St. Joseph County, Indiana. and which has Key Number 18- 2112 -4148 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. and; WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report dated May 24, 1993, after having reviewed the petition for tax abatement dated May 11, 1993, along with maps showing the boundaries of the of the petitioned area 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 petition and report at its meeting of June 14, 1993, and has made its recommendation to the Common Council. 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 I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 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: D. 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 E. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code Sec. 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 Section 6 -1.1- 12.1 -3. REGULAR MEETING JUNE 28, 1993 Section IV. Pursuant to Section 2 -84 of the South Bend Municipal Code, the Common Council accepts the recommendations of the Council's Human Resources and Economic Development Committee represented in this Substitute Resolution. The Common Council hereby makes the following specific findings which support its conclusions that the Petitioner, Greater South Bend Development Company, qualifies for a six (6) year real property tax abatement, and that the area described herein should be declared an economic revitalization area, with said conclusion being based on a project by project basis: (1) The current use of the petitioned property is vacant land, which has been platted for single family development, yet has remained undeveloped for forty years, and may remain vacant unless developed as a new single - family home affordably priced. (2) A significant number of parcels in the area are vacant land. (3) The proposed project will provide affordable new housing for moderate income families, with any tax credits afforded by the abatement being passed on to the buyers of the real estate. (4) The proposed project is the first attempt to build new affordable single - family housing in the central city for approximately forty (40) years. (5) Although the proposed project does not quality under the residentially distressed area criteria set forth in Indiana Code, Section 6 -1.1- 12.1 -4.1, nor the applicable regulations for residentially distressed areas of the South Bend Municipal Code due to its proposed location, it is believed that when weighing the totality of the circumstances, that the proposed project sends a positive message for such development and warrants the minimal real property tax abatement of six (6) years. Section V. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated as Economic Revitalization Area and hereby adopts this Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. Section VI. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of the Resolution by the Common Council. Section VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6) years and requests annual updates. Section VIII. 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, Section 5 -3 -1, and Indiana Code, Section 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 IX. 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. Council Member Kelly reported that the Human Resources Committee had met on this resolution and recommended it to the Council favorable, as amended. He indicated the years should be amended to six, also in section IV the committee added some additional language to clarify further the basis for the special exception, so in subsection 1 the current use of the of the petitioned property is vacant land, "which has been platted for single family development, yet has remained undeveloped for forty years, and may remain vacant unless developed as a new single - family home affordably priced." and a new subsection 2 "A significant number of parcels in the area are vacant land. ", and the remaining subsections will be renumbered, seconded by Council Member Puzzello. The motion carried. Barry Adams, Developer, indicated the abatement was part of a package put together through the Home Program and local banks to assist in moderate income home ownership. He indicated he felt without the abatement the program would not work. He indicated the home would be built on a slab, be approximately 1200 square feet with an attached garage, which will cost between $50 to $60,000 to build, and will sell for $45 to $50,000 due to the subsidy from the Home Program. Council Member Puzzello made a motion to adopt this resolution, as amended, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of seven ayes. RESOLUTION NO. 2050 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3511 AND 3615 WEST VOORDE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX YEAR REAL PROPERTY TAX ABATEMENT FOR CAPITOL TECHNOLOGIES, INC. r) 68 REGULAR MEETING JUNE 28, 1993 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 3511 and 3615 W. Voorde and which is more particularly described as follows: 3615 W. Voorde Dr., 2.664 AC BEG. 814 FT. SO & 727.2 E CENTER SEC 33 -38 -2E with said real estate having the following Key No. 18- 92184693816; and 3511 W. Voorde Dr., and which is more particularly described as follows: Beg. 815.52's & 1348.23' W NE Cor Sec 33 -38 -2E 2.61 acres with said real estate having the following Key No. 18- 02184693805, 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. and; with said real estate having the following Key No. 18 02184693805, 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 Real Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of six (6) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Robert Kasteals, treasurer of Capitol, made the presentation. He indicated they planned to construct a new building, in order to be able to install automated equipment. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of seven ayes. Council Member Slavinskas made a motion to combine public hearing on the next two resolutions, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2051 -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 3605 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR AE PISTON PRODUCTS, INC. BUILDING EXPANSION. 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 3605 W. Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East 2nd P.M. St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the East -West half section line of said East Half North 88 degrees 53 minutes 36 seconds East 915.58 feet from the center of said Section 21; thence North 0 degrees 56 minutes 97 seconds West 338.50 feet; thence North 88 degrees 53 minutes 36 secons East, parallel with the East -West half section line of said Section 800.00 feet; thence South 0 degrees 56 minutes 57 seconds East 1726.13 feet; thence northwesterly 550.14 feet along an arc to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of North 54 degrees 36 minutes 59 seconds West and a distance of 549.80 feet; thence North 51 degrees 05 minutes 08 seconds West 465.22 feet; thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East -West half section line of said East half the point of beginning and containing 26.203 acres, more or less. r)64. REGULAR MEETING JUNE 28, 1993 and which has Key Number (see above), 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. 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 that the petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 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 of rehabilitation: D. That 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 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 deduction, all of which satisfy the requirements of I.C. 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 Section 6 -1.1- 12.1 -3 of the Indiana Code. 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 purposed 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. Conditioned on the restriction that a 3 -way liquor license (carry -out) not be allowed on site, and that in the event that said license is approved that the tax abatement would terminate immediately, at that time. 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, 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 Luecke Member of the Common Council RESOLUTION NO. 2052 -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 3605 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL r)6C F � REGULAR MEETING JUNE 28, 1993 PROPERTY TAX ABATEMENT FOR AE PISTON PRODUCTS, INC. PISTON PROTOTYPE AND SKIRT COATING EQUIPMENT. 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 3605 W. Cleveland Rd., South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East 2nd P.M. St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the East -West half section line of said East Half North 88 degrees 53 minutes 36 seconds East 915.58 feet from the center of said Section 21; thence North 0 degrees 56 minutes 97 seconds West 338.50 feet; thence North 88 degrees 53 minutes 36 secons East, parallel with the East -West half section line of said Section 800.00 feet; thence South 0 degrees 56 minutes 57 seconds East 1726.13 feet; thence northwesterly 550.14 feet along an arc to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of North 54 degrees 36 minutes 59 seconds West and a distance of 549.80 feet; thence North 51 degrees 05 minutes 08 seconds West 465.22 feet; thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East -West half section line of said East half the point of beginning and containing 26.203 acres, more or less. and this property has Key Number 25 1013 0218, 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.; 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 expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will 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 Statement 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 abatement and hereby makes such a designation. 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 '566 REGULAR MEETING Council on said declaration. JUNE 28, 1993 SECTION IX. 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 Member of the Common Council A public hearing was held on the resolutions at this time. Council Member Kelly reported that the Human Resources Committee had met on these resolutions and recommended them to the Council favorable. Earl Hoff, Controller, for AE Pistons, made the presentation. He indicated they planned to construct an extension to their facility that will house foundry equipment, as well as three machine lines. He indicated they also planned to purchase a prototype machine line and piston skirt coating line in order to increase their sales. Council Member Slavinskas made a motion to adopt Resolution No. 2051 -93, seconded by Council Member Duda. The resolution was adopted by a roll call vote of seven ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 2052 -93, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of seven ayes. RESOLUTION NO. 2053 -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 814 S. MAIN ST., SOUTH BEND, IN, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, 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 3605 W. Cleveland Rd., South Bend, Indiana, and which is more particularly described as follows: PARCEL I: All of Lots Numbered One Hundred nine (109) and One Hundred Ten (110) as shown on the recorded Plat of Daniel Garst's 1st addition to South Bend City, now within and a part of the City of South Bend. PARCEL II: All of Lots Numbered Two Hundred Fifty -seven (257) and Two Hundred Fifty -eight (258) as shown on the recorded Plat of Daniel Garst's Subdivision of a part of his 1st addition to South Bend City, now a part of the City of South Bend. PARCEL III: All of Lots Numbered Two Hundred Eleven (211) and Two Hundred Twelve (212) as shown on the recorded Plat of Daniel Garst's 1st Addition to the South Bed City, now within a part of the City of South Bend. PARCEL IV: Beginning at the Northwest corner of Lot Two Hundred Twenty (220) in Garst's First addition to South Bend City now within and a part of the City of South Bend, Indiana, as recorded in Plat Book 3, page 41 in the Office of the Recorder of St. Joseph County, Indiana, said beginning point being the intersection of the South line of said vacated 14 foot alley with the east right -of -way line of Main Street as now exist: thence north 0 degrees 00'00" East (bearing assumed) along said east right of -way line of Main Street, a measured distance of 52.13 feet to the South line of the North 300.00 feet of said Lot Two Hundred Sixty (260); thence North 89 degrees 57140" East along said South line and parallel with the North line of said Lot 260, a measured distance of 200.37 feet to the East line of Lot Two Hundred Twelve (212) in Garst's First Addition: thence south 0 degrees 10121" West along the East line of said Lot 212, a measured distance of 51.93 feet to the Northeast corner of Lot Two Hundred Thirteen (213) in said Garst's First addition being the Southeast corner of a 14 South 89 foot alley vacated by Vacation Resolution 3444; thence South 89 degrees 56120" West along the South line of said vacated 14 foot alley, a measured distance of 200.25 feet to the place of beginning. PARCEL V: All of Lots Numbered Two Hundred (213), Two Hundred Fourteen (214) Two Hundred Fifteen (215), Two Hundred Sixteen (216), and the East 10 feet of Lot Numbered Two Hundred Seventeen (217) all as shown on the recorded Plat of Daniel Garst's lst addition of South Bend City, now within and a part of the City of South Bend, excepting therefrom the South 25 feet thereof. PARCEL VI: All of Lots Numbered Two Hundred Eighteen (218), Two Hundred Nineteen (219), and Two Hundred (220), and the West 15 feet of Lot Numbered Two Hundred Seventeen (217) all as shown on the recorded Plat of Daniel Garst's 1st addition to South Bend City, now within and a part of the City of South Bend, excepting therefrom the South 24.5 feet thereof. and this property has Key Number 18 3042 1621, 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.; 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 E 6 0 REGULAR MEETING JUNE 28, 1993 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 expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will 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 Statement 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 abatement and hereby makes such a designation. 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 IX. 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 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. Stan Blenke, Vice President of Schafer, made the presentation. He indicated they planned to purchase lathes to manufacture ball and socket parts, which is a new contract for Schafer. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of seven ayes. Council Member Duda made a motion to continue public hearing on resolutions 93 -56 and 57, seconded by Council Member Slavinskas. The motion carried. RESOLUTION 93 -56 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 251 EAST SAMPLE STREET, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR ZIKER CLEANERS, INC. RESOLUTION 93 -57 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 251 EAST SAMPLE STREET, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ZIKER CLEANERS, INC. BILLS, FIRST READING BILL NO. 54 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 568 REGULAR MEETING JUNE 28, 1993 NORTH -SOUTH ALLEY BETWEEN MAIN AND MICHIGAN STREETS, BEGINNING AT THE NORTH LINE OF STULL STREET AND RUNNING NORTH TO THE INTERSECTION OF THE EAST -WEST ALLEY. (THE ALLEY LIES BETWEEN THE NEW POLICEMEN'S FEDERAL CREDIT UNION BUILDING AND THE NEW REAL SERVICES BUILDING). This bill had first reading. Council Member Duda made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on July 12, 1993, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 55 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING CHARGES FOR NONRECURRING SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND AMENDING CHAPTER 17, ARTICLE 4, SECTION 17 -47 OF THE SOUTH BEND MUNICIPAL CODE. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Utilities Committee and set it for public hearing and third reading on July 12, 1993, seconded by Council Member Duda. The motion carried. BILL NO. 56 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2 -13 OF ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ESTABLISHING DEPARTMENTS TO PERFORM ADMINISTRATIVE FUNCTIONS OF THE CITY OF SOUTH BEND. This bill had first reading. Council Member Duda made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing and third reading on July 12, 1993, seconded by Council Member Puzzello. The motion carried. BILL NO. 57 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 7994 -89 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING THE NEXT DOOR NEIGHBOR PROGRAM FUND (FUND 207), APPROPRIATING THE BALANCE REMAINING THEREIN, AND CLOSING SAID FUND. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing and third reading on July 12, 1993, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Council Member Slavinskas made a motion to refer Bill No. 38 -93 to the Zoning and. Vacation Committee and set it for public hearing and third reading on July 26, seconded by Council Member Duda. The motion carried. Council Member Duda made a, motion to refer Bill nos. 39, 41 and 42 -93 to the Zoning and Vacation Committee and set them for public hearing and third reading on July 12, seconded by Council Member Slavinskas. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Duda made a motion to adjourn, seconded by Council Member Puzzello. The motion carried and the meeting adjourned at 8:45 p.m. ATTEST: City Clerk ATTEST: C_�u:_'fit President