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HomeMy WebLinkAbout01-11-99 Council Meeting MinutesREGULAR MEETING JANUARY 11, 1999 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, January 11, 1999, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, King, Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the December 14, 1998 and January 4, 1999, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Hosinski made a motion that the minutes of the December 14, 1998 and January 4, 1999, meetings be accepted and placed on file, seconded by Council Member Aranowski. The motion carried. SPECIAL BUSINESS Council President Coleman announced that since Anthony Douglas and Ken Herceg were the only ones to express an interest in being appointed to the Century Center Board of Managers, the Council has reappointed them to that Board. CITY REPORTS Sam Hensley, Street Commission, reported on the City's efforts to clear the snow from the recent blizzard. He advised that the City is divided into quadrants and snow routes are cleaned first, then the residential streets and cul -de -sacs. He reported they have 52 to 55 pieces of equipment working to clear the snow. He described how the other City departments helped with snow removal. Council Member Kelly made a motion to resolve into the Committee of the Whole, seconded by Council Member Varner. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:22 p.m. with nine members present. Chairman Pfeifer presiding. BILL NO. 91 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1575 NORTH BENDIX DRIVE IN THE CITY OF SOUTH BEND, INDIANA 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 Aranowski. The motion carried. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Jim Voll, Area Plan, advised that the petitioners are requesting a zoning change REGULAR MINUTES JANUARY 11, 1999 to "C" commercial "A" height and area. He described the surrounding properties. He reported that the Area Plan Commission sends this bill to the Council with a favorable recommendation. Anthony Zappia, attorney, made the presentation for the bill. He advised that the petitioner was requesting this zoning change in order to construct a 13,000 square foot building, at a cost of $750,000, which will be used as a automobile service center. He informed the council and that petitioner anticipated increasing his employees from three to nine. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Kelly. The motion carried. BILL NO. 105 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2374 AND 2330 SOUTH BEND AVENUE IN THE CITY OF SOUTH BEND, INDIANA 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 Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Jim Voll, Area Plan, reported that the petitioner was requesting a change to "C" commercial to allow for a laundry pickup building. He reported that this comes to the Council with no recommendation from the Area Plan Commission. David Mirkin, attorney, made the presentation for the bill. He advised that Mr. Ziker was acquiring this property for his dry cleaning business in order to establish a pickup service. He reported that will be a day time operation only and there will be no processing of chemicals. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. BILL NO. 107 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING AND ADOPTING AMENDMENTS TO THE RULES AND REGULATIONS OF SOUTH BEND WATER WORKS Council Member Coleman made a motion to continue this bill indefinitely, at the request of the petitioner, seconded by Council Member Varner. The motion carried. BILL NO. 95 -98 A BILL APPROPRIATING $60,000 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE FINANCING OF THE SOUTH BEND BREWERY IN THE EAST RACE AREA OF SOUTH BEND This being the time heretofore set for public hearing on above bill, proponent 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 Aranowski. The motion carried. Beth Leonard, director of Financial and Program Management, made the presentation for the bill. She advised that this appropriation is a grant to the Business Development Corporation which will be loaned to the South Bend Brewing Company to rehab the vacant Wharf Restaurant. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. Council Member Hosinski abstained from voting since he is a principal in the South Bend Brewery. The motion carried. Council Member Kelly made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: CC t Clerk ATTEST: J. L16--JO Chairman REGULAR MINUTES JANUARY 11, 1999 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 7:35 p.m. Council President Coleman presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8975 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1575 NORTH BENDIX DRIVE IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Hosinski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Varner. The motion carried. Council Member Aranowski made a motion to pass the bill, as amended, seconded by Council Member Hosinski. The motion carried. ORDINANCE NO. 8976 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2374 AND 2330 SOUTH BEND AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member King made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8977 -98 AN ORDINANCE APPROPRIATING $60,000 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE FINANCING OF THE SOUTH BEND BREWERY IN THE EAST RACE AREA OF SOUTH BEND This bill had third reading. Council Member Pfeifer made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Aranowski. The motion carried. Council Member Pfeifer made a motion to pass the bill, as amended, seconded by Council Member Hosinski. The bill passed by a roll call vote of eight ayes (Council Member Hosinski abstained). RESOLUTIONS RESOLUTION NO. 2700 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION THAT THE LEASE OF PROPERTY AT 205 W. JEFFERSON BLVD., SOUTH BEND, INDIANA, FOR USE AS GENERAL OFFICE SPACE IS NECESSARY WHEREAS, the Board of Public Works of the City of South Bend, Indiana, on November 23, 1998, received a petition signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board lease office space at 205 W. Jefferson Blvd., Suite 100, by entering into a Lease Agreement with the 1st Source Bank of South Bend, Indiana, for a term of one year, with an annual rental with an annual rental not to exceed Forty -five Thousand, Two Hundred Twenty one Dollars and Four cents ($45,221.04), with a one year option to renew at the same annual rent, exercisable by the City, without notice or demand, each installment to be paid in advance upon the first day of each installment period to the Lessor or at such other place as the Lessor may designate in writing; and WHEREAS, the Board also received, on November 23, 1998, a 1 f 1 REGULAR MINUTES JANUARY 11, 1999 certificate of the St. Joseph County Auditor certifying that the verifier of the petition and the signatories of the petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, pursuant to IC 36- 1 -10 -7 (2) requires, prior to the Board of Public Works entering into such a lease agreement, that the Common Council determines that the premises are needed and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND COMMON COUNCIL, AS FOLLOWS: 1. That the Common Council has conducted a public hearing on this resolution, and has heard persons desiring to speak in favor and opposed to the adoption of this resolution. 2. The Common Council seeks to provide general office space for the City of South Bend /St. Joseph County Building Department. 3. The property at 305 W. Jefferson Blvd., Suite 100, South Bend, Indiana, contains approximately 4,111 square feet of space, an area sufficient to accommodate the needs of the City of South Bend /St. Joseph County Building Department. 4. On November 23, 1998, a petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana requesting that the Board lease the property at 205 W. Jefferson, Suite 100, South Bend, Indiana, as general office space by entering into a lease with the 1st Source Bank with annual rental not to exceed Forty -five Thousand, Two Hundred Twenty -One Dollars and Four Cents, with a one year option to renew at the same annual rent, exercisable by the City. 5. On November 23, 1998, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the petition are taxpayers of property located within the corporate limits of the City of South Bend. 6. On November 23, 1998, a proposed Lease Agreement was filed within the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein.. 8. Having held a hearing on this resolution on December 14, 1998, the Common Council of the City of South Bend finds, pursuant to I.C. 36- 1- 10 -7(2), that the lease of property at 205 W. Jefferson Blvd., as general office space, as petitioned by the fifty taxpayers of the City of South Bend, is needed. 9. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 1s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Aranowski reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Don Fozo, Building Commissioner, made the presentation for the resolution. He reported that this resolution would extend this lease for one year, with an option for another year. He advised they have been at this location since 1993, and for the past two years they have not raised the rent. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. REGULAR MINUTES JANUARY 11, 1999 RESOLUTION NO. 2701 -99 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 NW CORNER OF OLIVE ROAD AND OLD CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A REAL PROPERTY TAX ABATEMENT FOR OLIVE SOUTH BEND, L.L.C. 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 NW corner Olive Road and Old Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: Lot 5A as shown in the recorded plat of West Cleveland Road Industrial Park, Section 1, second replat, recorded September 16, 1998, . as Document Number 9848694 in the Office of the Recorder of St. Joseph County, Indiana and which has Key Number 25- 1011 -0186, 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 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 Citv of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 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 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 C Ll REGULAR MINUTES JANUARY 11, 1999 result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. In light of the risks to be taken by the petitioner without guarantees for this Nine Million Dollar project, the Common Council hereby determines that the project meets the standards for a special exception tax abatement consideration under Section 2 -84 of the South Bend Municipal Code. The petitioner accordingly must identify the end use(s) prior to final action on the confirmatory resolution which shall specify the duration of the tax abatement. SECTION VII. 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 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 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 IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Is/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Kathleen Cekanski - Farrand, Council attorney, the resolution should be amended, as follows; Delete ten (10) years from the title, and add: In light of the risks to be taken by the petitioner without guarantees for this Nine Million Dollar project, the Common Council hereby determines that the project meets the standards for a special exception tax abatement consideration under Section 2 -84 of the South Bend Municipal Code. The petitioner accordingly must identify the end use(s) prior to final action on the confirmatory resolution which shall specify the duration of the tax abatement. Council Member Kelly made a motion to accept the amendment, seconded by Council Member Butler. The motion carried. Kevin Butler, attorney, made the presentation for the resolution. He advised that the petitioner was proposing to build two industrial warehouse REGULAR MINUTES JANUARY 11 1999 distribution and /or light manufacturing facilities on a speculative basis. He reported that this will be done in two phases, the first will cost $3,000,000, and the second will be $6,000,000. He advised that this petition was for phase one only. Council Member Pfeifer made a motion to adopt this resolution, as amended, seconded by Council Member Kelly. The motion carried. RESOLUTION NO. 2702 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 4335 MEGHAN BEELER DR., N., AN ECONOMIC REVITALIZATION AREA FOR THE PURPOSE OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR JABCO LIMITED LIABILITY COMPANY (BLUDOT, INC.) WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 4335 Meghan Beeler Dr.,N., South Bend, Indiana, and which is more particularly described as follows: Lot 5A as shown in the recorded plat of West Cleveland Road Industrial Park, Section 1, second replat, recorded September 16, 1998, as Document Number 9848694 in the Office of the Recorder of St. Joseph County, Indiana and which has Key Number 25- 1013- 020 -702 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 Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2- 76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., 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; 1 1 1 REGULAR MINUTES JANUARY 11, 1999 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 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 three (3) 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/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this resolution and recommends it to the Council favorable. Chip Lewis, attorney, made the presentation for the resolution. He advised that this project will include the construction of a building and a parking lot which will be located on West Cleveland Road. The building will be leased to Bludot, Inc., who manufactures brake lines for trailers. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2703 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2930 FOUNDATION DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR EATON, CORPORATION REGULAR MINUTES JANUARY 11, 1999 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 2930 Foundation Dr., South Bend, Indiana, and which is more particularly described as follows: PARCEL I: A description of 8.2895 acres of land in the North half of Section 28, Township 38 north, range 2 east, St. Joseph County, Indiana, said 8.2895 acre tract being part of a certain 12.00 acre tract described in Deed Book 593, page 47 of the deed records of said St. Joseph County. Commencing at a PK nail with disc set at the north quarter corner of said Section 28; thence along the northerly line of said north half of Section 28, being also the north line of said 12.00 acre tract, north 89058'54" west a distance of 165.00 feet to a PK nail set for the northwest corner of said 12.00 acre tract; thence along the westerly line of said 12.00 acre tract, south 00014/02? west a distance of 785.23 feet to an iron bar set at the point of beginning of the 8.2895 acre tract herein described; thence continuing along the said westerly line, south 00014102" west a distance of 973.25 feet to a 1 1/4" iron pipe found for the southwest corner of said 12.00 acre tract being also the southwest corner of the said 8.2895 tract herein described; thence along the southerly line of said 12.00 acre tract, south 89053127" East a distance of 371.17 feet to a 3/4" iron pipe found at the southeast corner of said 12.00 acre tract being also the southeast corner of the 8.2895 acre tract herein described; thence along the easterly line of said 12.0 acre tract, north 00o12122" east a distance of 973.60 feet to a " iron pipe found at a corner of said 12.00 acre tract, being also the southeast corner of a certain tract of land described in recorded Document No. 9016462; thence along a line of said 12.00 acre tract, being also the southerly line of said recorded Document No. 9016462, North 89055150" west a distance of 370.70 feet to the point of beginning. PARCEL II: A description of a portion of the north half of Section 28, Township 38 north, range 2 east, St. Joseph County, Indiana, said portion being more particularly described as follows: Commencing at the North Quarter corner of said Section 28, being a PK nail and disc marked "S0307 "; thence along the north line of said Section 28, north 89058154" west a distance of 165.00 feet to a PK nail and disc set marked "S0307" thence along the westerly line of a certain 12.00 acre tract of land described in Deed Book 593, page 47 on file and record in the office of the Recorder of St. Joseph County, Indiana, South 00014102" west, a distance of 1758.58 feet to a 1 1/4" iron pipe found for the southwest corner of said 12.00 acre tract of land and the point of beginning of said portion herein described: thence continuing along the southerly extension of said westerly line, south 00014102" west a distance of 20.64 feet to an iron bar set, marked "S0307 ", in the northerly right of -way line of proposed Foundation Drive extension as shown on the plat of Airport Industrial Park, Phase III and IV and recorded as Document No. 7806496; thence along said northerly right -of -way line, north 89044158" East a distance of 35.92 feet to a 1/2" iron bar found for the northwesterly corner of a certain tract of land described in recorded Document No. 8822679; thence along the north 89057'43" east a distance of 335.26 feet to an iron bar set; thence along the southerly extension of the easterly line of said 12.00 acre tract of land, north 00o12'22" east, a distance of 19.56 feet to a 2/4" iron pipe found at the southeast corner of said 12.00 acre tract of land; thence along the southerly line of said 12.00 acre tract of land, being also the northerly line of said portion herein described north 89052127" west, 371.17 feet to the point of beginning. and this property has Key Numbers 25- 1010 - 038401, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et seq.; and 1 1 REGULAR MINUTES JANUARY 11, 1999 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 seams, and South Bend Municipal Code Sections 2- 76 et sea. 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 REGULAR MINUTES JANUARY 11, 1999 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/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this resolution and recommends it to the Council favorable. Jim Siever, plant environmental engineer, made the presentation for the bill. He reported that this project calls for the purchase and installation of a new forge press and equipment. He advised that this will increase the forging capacity. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 1 -99 A BILL APPROPRIATING $55,000 FROM THE URBAN DEVELOPMENT ACTION GRANT FUND FOR THE PURPOSE OF FUNDING PREDEVELOPMENT COSTS This bill had first reading. Council Member Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on January 25, seconded by Council Member Pfeifer. The motion carried. BILL NO. 2 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 6.3 ACRE SITE NORTH OF LOT 20 IN THE US 31 INDUSTRIAL PARK, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Pfeifer made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. UNFINISHED BUSINESS Council Member Hosinski made a motion to set Bill No. 94 -98 for public hearing and third reading on January 25, and refer it to the Zoning and Annexation Committee, seconded by Council Member Sniadecki. The motion carried. Council Member Aranowski made a motion to reappoint Kathleen Cekanski - Farrand as Council's attorney for 1999, seconded by Council Member Hosinski. The motion carried. NEW BUSINESS Council President Coleman announced that the Council has two bipartisan appointments to the Historic Preservation Commission and January 25 will be the deadline for anyone interested in serving on this Commission. There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 7:55 p.m. ATTEST: ATTEST: s City ler President