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HomeMy WebLinkAbout06-11-01 Council Meeting MinutesREGULAR MEETING JUNE 11, 2001 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of the County -City Building on Monday, June 11, 2001, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: None 1St District Vice - President 2nd District President 3rd District 4th District 5th District 6th District Chairperson, Committee of the Whole At -Large At -Large At -Large REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the May 29, 2001 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s/David Varner Councilmember Coleman made a motion that the minutes of the May 29, 2001 meeting of the Council be accepted and placed on file. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:02 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. BILL NO. 30 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1814 MIAMI STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Brent Bajdek, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Bajdek advised that the Petitioners are requesting a zone change from "C" Commercial, "C" Height and Area to "A" Residential, "E" Height and Area to allow a single family dwelling unit. The property currently contains a residential structure. Located to the north are single family homes REGULAR MEETING JUNE 11, 2001 zoned "C" Commercial, `B" Height and Area, to the east are single family homes zoned "A -1" Residential, "A" Height and Area; to the south is an office building and a single family home zoned "C" Commercial, "E" Height and Area and to the west across Miami Street is a church and an office building zoned "C" Commercial, "E" Height and Area. Mr. Bajdek further advised that access to the site is from both Miami Street and Milton Street. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is four thousand eight hundred (4,800) square feet. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. A site plan is not required for rezonings to "A" Residential. Further, the Area Plan Commission, at its Public Hearing held on May 15, 2001 sends this petition to the Council with a favorable recommendation. The proposed zoning represents a down zoning and will be more compatible with the residential housing areas to the north and east than the commercial uses that could be developed under the existing "C" Commercial zoning. Mr. Jerome P. Ivacic, 2239 Topswood Lane, South Bend, Indiana, Petitioner, made the presentation for this bill. Mr. Ivacic displayed photographs of the property for the Council's review. He noted that this property had been idle for over five (5) years and he acquired it in March of 2001. This rezoning is requested as he intends to rehabilitate the property and lease it to a family. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 41 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 222 SOUTH WILLIAM STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Brent Bajdek, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Bajdek stated that the Petitioners are requesting a zone change from "D" Light Industrial, "F" Height and Area to "A -3" Mixed Use, "F" Height and Area to allow a multi - family dwelling unit. The property currently contains an office building. Located to the north is an office building zoned "D" Light Industrial, "F" Height and Area, to the east is a storage area zoned "D" Light Industrial, "F" Height and Area, to the south is a multi - family dwelling unit and a parking lot zoned "D" Light Industrial, "F" Height and Area and to the west across William Street are multi - family dwelling units zoned "A -3" Mixed Use, "E" Height and Area. Access to the site is from William Street. Water and Sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is six thousand four hundred seventy (6,470) square feet. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. The City Engineer will require a drainage plan at the final site plan stage. REGULAR MEETING JUNE 11, 2001 Mr. Bajdek further noted that the Area Plan Commission, at its meeting held on May 15, 2001, sent this Petition to the Council with a favorable recommendation subject to a final site development plan. The proposed zoning is appropriate for this site located within the CBD fringe area. The zoning represents a down zoning and will be more compatible with the "A -3" zoning and uses located west of the site across William Street as well as the other surrounding areas. Ms. Hope Heritz, 807 West LaSalle, South Bend, Indiana, representing Life Challenges Foundation, made the presentation for this bill. Ms. Heritz noted that Life Challenges Foundation is a not - for - profit organization established in 1999. The organization was started through Aids Ministries to assist individuals and families who suffer from life threatening illnesses. Ms. Heritz further noted that they are requesting this zoning change in order to rehabilitate office space into apartments. At the completion of the project the building will have four (4) two (2) bedroom units. The exterior of the building will remain the same except for some cosmetic changes. The project will serve low income homeless individuals who suffer from life threatening illnesses. The goal of the project is to transition homeless tenants into more permanent housing. Life Challenges Foundation will own the property but Aids Ministries will provide the supportive services and the property management. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 42 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1456 LINCOLNWAY EAST IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Brent Baj dek, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Baj dek advised that the Petitioners are requesting a zone change from `B" Residential, "A" Height and Area to "PHC" Professional/Health Care to allow a medical/dental laboratory facility. The property currently contains an office building. Located to the north across Lincolnway East is vacant land zoned "B" Residential, "A" Height and Area, to the east across Twyckenham Drive is an ATM zoned "C" Commercial, `B" Height, to the south is vacant land and a parking lot zoned `B" Residential, "A" Height and Area and to the west is a single - family home and an office building zoned `B" Residential, "A" Height and Area. Mr. Bajdek noted that access to the site is from Twyckenham Drive. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is eight thousand nine hundred ninety -three (8,993) square feet. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. The City Engineer will require a drainage plan at the final site plan stage. REGULAR MEETING JUNE 11, 2001 Finally, the Area Plan Commission, at its Public Hearing held on May 15, 2001, sent this petition to the Council with a favorable recommendation subject to a final site development plan.: The petition property is bordered by `B" Residential zoning to the south and west, the adjacent use to the west is a medical office and to the south is a parking lot and vacant land. The existing structure has previously been used as a medical office. Therefore, the "PHC" Professional/Health Care zoning for this property is not out of character for this area. Mr. Bernard Feeney, Registered Land Survey, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Feeney advised that he was present on behalf of the Weinlin Partnership, the owners of the petitioned property. He noted that this is a brick one (1) story building similar to the offices occupied by Doctors Offerle and Morton immediately next door and to the west of this property. Currently there is an optometric lab located and operating in the basement of the Offerle/Morton building to the west. This lab is operating under the name of the Laboratory Corporation of America and employees approximately five (5) individuals at the current time. Laboratory Corporation of America will be moving into the petitioned building. It contains twelve hundred fifty (1,250) square feet on the first floor with an additional twelve hundred fifty (1,250) square feet of finished basement. Parking appears to be adequate for all of the employees. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 43-01 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF TUDOR LANE FROM THE EAST RIGHT OF WAY LINE OF WOODMONT AVENUE TO THE END OF THE STREET, FOR A DISTANCE OF 115 FEET. BEING A PART OF TWYCKENHAM HILLS, SECTION H, A SUBDIVISION IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion that this bill be continued until the June 25, 2001 meeting of the Council at the request of the Petitioner. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 22 -01 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 501 WEST WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Ujdak noted that the petitioner has asked that this bill be withdrawn. Therefore, Councilmember Coleman made a motion to strike this bill from consideration. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. 1 1 REGULAR MEETING ATTEST: i orett J. ud , City Clerk JUNE 11, 2001 Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:19 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9228 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1814 MIAMI STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9229 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 222 SOUTH WILLIAM STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9230 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1456 LINCOLNWAY EAST IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of -, nine (9) ayes. Additionally, Councilmember Kelly made a motion to pass this bill as substituted. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS: RESOLUTION NO. 3012 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND IN SUPPORT OF AN URBAN PARK AND RECREATION RECOVERY PROGRAM GRANT APPLICATION REGULAR MEETING JUNE 11, 2001 WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that Congress passed the Urban Park and Recreation Recovery Act ( UPARR) in 1978 which authorized $725 million to provide matching grants and technical assistance to economically distressed urban communities; and WHEREAS, the Council further recognizes that the program authorizes the competitive federal assistance in urban localities for rehabilitation of critically needed recreational facilities; and WHEREAS, such rehabilitation grants provide capital funding to renovate or design existing "close -to- home" facilities with the federal government providing seventy percent (70 %) of the funding and the local community providing thirty percent (30 %) of the funding; and WHEREAS, from 1978 through 2000, UPARR awarded $230 million for 1,295 grants to 400 local jurisdictions in 42 states, the District of Columbia and Puerto Rico, and these awards included over $4.1 million to Indiana cities, but South Bend has never received a UPARR grant; and WHEREAS, the City of South Bend is supportive of the Northeast Neighborhood Revitalization Organization's (NNRO) efforts to improve the overall quality of life and has identified Coquillard Park as a Neighborhood Park which is in need of rehabilitation; and WHEREAS, the NNRO is a partnership of neighborhood residents, the University of Notre Dame, St. Joseph's Regional Medical Center, Memorial Hospital, Madison Center and Hospital, and the City of South Bend, along with the sponsorship and promotion by the WNDU television station whose overall goal is to revitalize and enhance the quality of life by focusing its efforts on Coquillard Park since it serves as an historical "front yard" and green space for nearby residents. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana, hereby supports the City of South Bend's Urban Park and Recreation Recovery Program grant application request in the amount of $500,000 for the Coquillard Park revitalization project and further believes that this park is in critical need of rehabilitation of the park's recreational facilities. Section II. The South Bend Common Council believes that the Coquillard Park project can serve as a model for other neighborhood park rehabilitation projects in the City of South Bend because of its involvement of residents from the neighborhood partnering with other agencies to positively and creatively address the park's deficiencies thereby providing opportunities for neighborhood recreation and development. 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 /Charlotte Pfeifer Member of the Common Council Councilmember Kelly made motion to hear the substitute version of this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman reported that the Parks, Recreation, Cultural Arts and Entertainment Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Mark Bradley, Director of Marketing, South Bend Parks and Recreation Department, made the presentation for this Resolution. Mr. Bradley advised that this Resolution is in support of a grant the Parks Department is seeking through the National Park Service. This action was initiated by the Northeast Neighborhood Revitalization organization with support by organizations such as WNDU Channel 16, the South 1 7 L REGULAR MEETING JUNE 11, 2001 Bend Parks and Recreation Department, the University of Notre Dame as well as Councilmembers Coleman and King. The Department is petitioning the National Park Service for an Urban Park Recreation Recovery Grant in order to revitalize Coquillard Park which is one of the oldest parks in the City. They are looking for federal funding to help with this activity. The grant would provide a seventy /thirty match of funds for the project. The total amount of the project is five hundred thousand dollars ($500,000.00). If approved the Park Department would receive seventy per cent (70 %) of that or three hundred fifty thousand dollars ($350,000.00) from the federal government with one hundred fifty thousand dollars ($150,000.00) matched by community sponsorships and donations. There will be no City or municipal funds used for this project. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution as substituted. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3013 -01 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 3 520 WESTMOOR STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR HONEYWELL, INC., AIRCRAFT LANDING SYSTEMS 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 3520 Westmoor Street, South Bend, Indiana, and which is more particularly described as follows: NESE 4 37 2E Tract 2 Cont 39.32 AC and which has Key Number 18- 2193 -7255, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et se Q., and South Bend Municipal Code Sections 2 -76, et sea., and further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area; and WHEREAS, notwithstanding IC 6 -1.1 -12.1, the city may grant the assessed value deductions described if, before July 1, 2001, both the property owner and the city complete all the procedures required by IC 6 -1.1 -12.1 that would have been necessary to comply with IC 6 -1.1 -12.1 and for the city to grant the deductions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. 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 REGULAR MEETING JUNE 11, 2001 requirements of Indiana Code 6 -1.1 -12.1 et se q., 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 estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner 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 requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Section I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 60 -1.1- 12.1 -3. SECTION IV. Pursuant to applicable state law, the property owner and the city will complete all requirements of IC 6 -1.1 -12.1, which are necessary to be completed by July 1, 2001. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described by designated as 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 VI. The petitioner acknowledges that due to an inadvertent oversight, it did not file a real property tax abatement request simultaneously with its personal property request which was applied for on May 5, 1997 and approved as Resolution No. 2449 -97. The Common Council pursuant to Section 2 -84 of the South Bend Municipal Code finds that ten (10) years is the appropriate and rational time period for this tax abatement in light of the following: A. The company is a long time South Bend business, currently employing 798 people in its Aircraft Landing Systems division with an annual payroll in excess of $50,000,000. B. The company has invested over $7.5 million for the new building addition and has or will be investing another $49 million in equipment. C. The company has already seen employment growth of 18 new positions resulting from the building addition and new equipment purchases. D. The company is an anchor company in the 2nd Councilmanic district, and is a leading corporation in the aircraft industry in the nation. The Common Council hereby determines that the property owner is qualified for and is granted REGULAR MEETING JUNE 11, 2001 property tax deduction for a period of ten (10) years. SECTION VII. 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 VIII. 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 IX. The petitioner and Common Council agree that prior to the hearing of the Confirmatory Resolution, that the petitioner and the Common Council will enter into a Memorandum of Agreement that will specifically identify the terms and conditions of this abatement. SECTION X. 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 XI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor, and shall be retroactive to May 5, 1997. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly made a motion to consider the amended version of this Resolution. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. David Bitter, Chief Financial Officer, Honeywell International's Aircraft Landing Systems Business Unit, 3520 Westmoor Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Bitter informed the Council that this abatement is associated with the real property at 3520 Westmoor Street and is associated with the friction materials and dynamometer testing facilities expansion which was completed in 1997 -1998. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution as amended. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3014 -01 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 733 WEST CHIPPEWA AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ITW REDDI -PAC, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, j requesting that the area commonly known as 733 West Chippewa Avenue, South Bend, Indiana, and which is more particularly described as follows: REGULAR MEETING JUNE 11, 2001 A tract of land in Section 23, Township 37 North, Range 2 East of the Second Principal Meridian in St. Joseph County, Indiana and this property has Key Number 18- 8020 -0837, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as 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 et. seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those 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. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed 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 Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an 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. REGULAR MEETING JUNE 11, 2001 SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of 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 /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Ms. Karen Sandusky, ITW Reddi -Pac., Inc., 3600 West Lake Avenue, Glenview, Illinois, made the presentation for this Resolution. Ms. Sandusky informed the Council that ITW Reddi -Pac is a manufacturer of laminated paperboard known as Reddi- Crate. The product is made from recycled paperboard and is in itself one hundred percent (100 %) recyclable. The project calls for the purchase and installation of anew Reddi -Crate line. This machine will enable ITW Reddi -Pac to increase line speeds and the scope of products offered to their customers. The total cost of the new equipment is estimated at four hundred eighty thousand dollars ($480,000.00). It is estimated that this project will create three (3) new permanent full time jobs with a new annual payroll of sixty thousand dollars ($60,000.00). The project will also maintain the thirty -five (35) existing permanent full time employees which represents an annual payroll of seven hundred fifty thousand dollars ($750,000.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 45-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 2716 VINE STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on June 25, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 46-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4324 S. MAIN STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING JUNE 11, 2001 BILL NO. 47-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1317 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 48-01 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS KALE STREET, A PART OF EDISON ROAD ADDITION AND IS DESCRIBED AS BEGINNING AT THE FIRST NORTH /SOUTH ALLEY WEST OF HICKORY ROAD; THENCE WEST A DISTANCE OF 420 FEET MORE OR LESS, TO THE WEST LINE OF SAID EDISON ROAD ADDITION AND HAVING A WIDTH OF 60 FEET. BEING A PART OF SAID EDISON ROAD ADDITION TO THE CITY OF SOUTH BEND, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on June 25, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 49-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1620 & 1621 CIRCLE AND 1538 LISTON IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 50 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1512 LISTON IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 51 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO APPROPRIATE AND TEMPORARILY TRANSFER $185,000 FROM THE STANLEY COVELESKI CAPITAL FUND ( #401) TO THE PARKS AND RECREATION FUND ( #201) AND TO APPROPRIATE $677,000 FROM FUND #201 FOR CONSTRUCTION COSTS OF AN ANIMAL HOSPITAL FOR THE POTAWATOMI ZOO This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Parks, Recreation, Cultural Arts and Entertainment Committee and set it for Public Hearing and Third 1 1 1 REGULAR MEETING JUNE 11, 2001 Reading on June 25, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 52 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND PROVIDE SEWER SERVICES TO AN AREA WITHIN TEN MILES OUTSIDE THE MUNICIPAL CITY LIMITS, KNOWN AS A PORTION OF POPPY ROAD, IN WARREN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on June 25, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS INVITATION TO PARTICIPATE IN SEVERAL CITY -WIDE ACTIVITIES Council President Pfeifer invited everyone to participate in the upcoming Ethnic Festival, the Firefly festivities and the Juneteenth celebration on June 23`d in LaSalle Park. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 7:35 p.m. ATTEST: Loretta . a, ty erk ATTEST: Charlotte Pfeifer Presid��