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HomeMy WebLinkAbout10-25-99 Council Meeting MinutesREGULAR MEETING OCTOBER 25, 1999 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, October 25, 1999, at 7:00 p.m. The meeting was called to order by Council President Sean Coleman 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 Rod Sniadecki Sean Coleman John Hosinski Absent: None 1st District 2nd District Chairperson, Committee of the Whole 3rd District 4t'' District 5th District 6th District At -Large At -Large President At -Large Vice - President 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 October 11, 1999 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Sean Coleman s/David Varner Councilmember Hosinski made a motion that the minutes of the October 11, 1999 meeting of the Council be accepted and placed on file. Councilmember Sniadecki 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 Kelly 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. Chairperson Pfeifer presiding. BILL NO. 61 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 515 N. CUSHING STREET IN SOUTH BEND, INDIANA Councilmember Hosinski reported that the Zoning and Annexation Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "A" Residential, "B" Height & Area to "C" Commercial, "E" Height & Area to allow a parking lot. REGULAR MEETING OCTOBER 25, 1999 Mr. Byorni noted that the property is currently vacant and access to the site is from Cushing Street. The total site to be rezoned is five thousand one hundred twenty (5,120) square feet. Of that, the parking and drives will occupy eighty per cent (80 %) of the site and twenty per cent (20 %) of the site will remain as open space. Mr. Byorni further noted that the City Engineer has required that the north/south alley be paved as far as the parking lot entrance. Based on information available prior to the Area Plan Commission Public Hearing, the staff recommended that this petition be sent to the Council with a favorable recommendation subject to a final site plan. This rezoning is being done in conjunction with a replat that will make this lot part of the lot to the south. Approval of this petition will bring the lot into conformance with the remainder of the South Bend Heritage property to allow the unified development of the entire property. Additionally, at its Public Hearing held on September 21, 1999, the Area Plan Commission sends this bill to the Council with a favorable recommendation. Ms. Dea Andrews, 223 North Scott Street, South Bend, Indiana, made the presentation for this petition on behalf of the South Bend Heritage Foundation, 914 Lincolnway West, South Bend, Indiana. Ms. Andrews informed the Council that the rezoning is requested in order that all the property owned by South Bend Heritage at this location will have the same zoning. Ms. Andrews asked for the Council's favorable recommendation on this rezoning. 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 Hosinski made a motion for favorable recommendation to full Council concerning this bill. Council President Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 85 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING THREE POLICE GRANT FUNDS IN THE SOUTH BEND POLICE DEPARTMENT Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Police Department Assistant Division Chief Richard Kilgore made the presentation for this bill, on behalf of the South Bend Police Department, 701 West Sample Street, South Bend, Indiana. Chief Kilgore noted that the Police Department has several federal and state grant funds at this time and in order to be in compliance with federal audit guidelines they must avoid commingling of the funds. Therefore, the Department would like to establish three (3) new police grant funds which will enable the Department to identify the amount of interest on each fund as well as being able to better track the grants. 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, Council President Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Hosinski seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING OCTOBER 25, 1999 RISE AND REPORT Council President Coleman made motion to rise and report to the full Council. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: orett J. Du Cit Clerk Charlotte Pfei�fer, Chai e , n 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 7:09 p.m. Council President Sean Coleman presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9049 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 515 N. CUSHING STREET IN SOUTH BEND, INDIANA This bill had third reading. Councilmember Hosinski made a motion to pass this bill. Councilmember Varner seconded the motion which carried by a roll call vote of nine (9) ayes. ORDINANCE NO. 9050 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING THREE POLICE GRANT FUNDS IN THE SOUTH BEND POLICE DEPARTMENT This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Kelly seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 2804 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3735 WILLIAM RICHARDSON DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR COBRA DEVELOPMENT, LLC FOR THE BENEFIT OF: MICHIANA MIDGET MOTORS, INC. REGULAR MEETING OCTOBER 25. 1999 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution, Resolution Number 2590 -98 adopted on March 23, 1998, 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 3735 William Richardson Drive, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Eight A (8A) as shown on the recorded Plat of Toll Road Industrial Park Second Minor Subdivision, recorded December 1, 1991 as Document 9540654 in the Office of the Recorder of St. Joseph County, Indiana and which has Key Number 25- 1013 - 021112, 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 1. 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 pursuant to Section 2 -84 of the South Bend Municipal Code finds that three (3) years is a proper designation in light of the following: 1. Michiana Midget Motors needs the reduced taxes in order to ease the financial burden associated with moving the company and allow the company to remain competitive in an industry with increasing foreign competition; 2. The abatement will provide the additional cash flow necessary to develop new products and to purchase the necessary tooling to have these products made; 3. The abatement will help support the pursuit of expanded domestic sales and increased foreign sales. 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 III. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) 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 et sea. SECTION IV. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approved by the Mayor. s /Sean Coleman Member of the Common Council REGULAR MEETING OCTOBER 25. 1999 Councilmember Kelly made a motion to consider the substitute version of this Resolution. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Norman DeBoever, 53232 Holly Fern Court, Granger, Indiana, President, Target Distributing, 3735 William Richardson Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. DeBoever informed the Council that they just purchased the building at 3735 William Richardson Drive and they intend to move their business into that building. He further informed the Council that they have identified the proper Standard Industrial Classification codes that would qualify them for this abatement and have provided to the Council the positives and the negatives of the approval of this abatement. Mr. DeBoever asked for the Council's consideration of their request. 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 Varner made a motion to adopt this Resolution as substituted. Councilmember Ujdak seconded the motion. Council President Sean Coleman indicated that he cannot support this Resolution as he believes it does not meet the standards for how the Council has provided for special exceptions in the past when considering these types of abatements. The motion carried and the Resolution was adopted by a roll call vote of eight (8) ayes with Council President Coleman voting nay RESOLUTION NO. 2805-99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT #3 WEST CLEVELAND ROAD INDUSTRIAL PARK (4167 MEGHAN BEELER COURT) TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR BEELER & BROWN PROPERTIES, L.L.C. AND DAVEY, L.L.C. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution, Resolution Number 2575 -98 adopted on March 12, 1998, 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 Lot #3 West Cleveland Road Industrial Park (4167 Meghan Beeler Court), South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Three (3) as shown on the recorded Plat of West Cleveland Road Industrial Park, Section One, recorded November 6, 1997 as Document Number 9746182 in the Office of the Recorder of St. Joseph County, Indiana and which has Key Number 25- 1013 - 020702, as an Economic Revitalization Area; and REGULAR MEETING OCTOBER 25. 1999 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- 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 three (3) 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 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly made a motion to consider the substitute version of this Resolution. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Jim Sappenfield , no address given, made the presentation for this Resolution. Mr. Sappenfield noted that they currently occupy 4167 Meghan Beeler Court and they are a transportation provider both with warehousing and transportation services. They are a new company having started just four (4) months ago but they have grown considerably in that time. The tax abatement would mean a great deal to them from a cost savings standpoint and would allow the company to reinvest in more equipment and manpower very quickly. 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 Varner made a motion to adopt this Resolution as substituted. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2806-99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1808, 1809, 1810, 1812, AND 1813 CHALET COURT, 1808, 1809, 1810, 1812, 1813, AND 1814 DUTCH COURT, 1808, 1809, 1810, 1812, 1813, AND 1814 ELIZABETHAN COURT AND 1808, 1809, 1810, 1812, 1 �l 1 REGULAR MEETING OCTOBER 25, 1999 1813, AND 1814 PROVINCIAL COURT RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR F & G DEVELOPMENT CORP. WHEREAS, the Common Council of the City of South Bend, adopted Resolution No. 2764 -99 designating certain areas within the City as Residentially Distressed Areas for the purposes of a five (5) year real property tax abatement on July 12, 1999; and WHEREAS, the Common Council of the City of South Bend, adopted Resolution No. 2768 -99 confirming the adoption of the declaratory resolution for these properties on July 26, 1999; and WHEREAS, due to a replat, some of the street addresses have changed and/or do not match with the corresponding legal descriptions and key numbers. The correct street addresses with the corresponding legal descriptions and key numbers are as follows: Street Address Legal Description Key Number 1808 Chalet Ct Lot 85 of Southeast Estates Sec.7 23- 1024 - 1298.02 1809 Chalet Ct Lot 89 of Southeast Estates Sec.7 23- 1024 - 1298.06 1812 Chalet Ct Lot 86 of Southeast Estates Sec.7 23- 1024 - 1298.03 1813 Chalet Ct Lot 88 of Southeast Estates Sec.7 23- 1024 - 1298.05 1815 Chalet Ct Lot 87 of Southeast Estates Sec.7 23- 1024 - 1298.04 1808 Dutch Ct Lot 90 of Southeast Estates Sec.7 23- 1024 - 1298.12 1809 Dutch Ct Lot 97 of Southeast Estates Sec.7 23- 1024 - 1298.11 1810 Dutch Ct Lot 93 of Southeast Estates Sec.7 23- 1024 - 1298.07 1812 Dutch Ct Lot 94 of Southeast Estates Sec.7 23- 1024 - 1298.08 1813 Dutch Ct Lot 96 of Southeast Estates Sec.7 23- 1024 - 1298.10 1815 Dutch Ct Lot 95 of Southeast Estates Sec.7 23- 1024 - 1298.09 1808 Elizabethan Ct Lot 98 of Southeast Estates Sec.7 23- 1024 - 1298.18 1809 Elizabethan Ct Lot 105 of Southeast Estates Sec.7 23- 1024 - 1298.17 1810 Elizabethan Ct Lot 101 of Southeast Estates Sec.7 23 -1024- 1298.13 1812 Elizabethan Ct Lot 102 of Southeast Estates Sec.7 23- 1024 - 1298.14 1813 Elizabethan Ct Lot 104 of Southeast Estates Sec.7 23- 1024 - 1298.16 1815 Elizabethan Ct Lot 103 of Southeast Estates Sec.7 23- 1024 - 1298.15 1808 Provincial Ct Lot 106 of Southeast Estates Sec. 7 23- 1024 - 1298.24 1810 Provincial Ct Lot 109 of Southeast Estates Sec. 7 23- 1024 - 1298.19 1812 Provincial Ct Lot 110 of Southeast Estates Sec. 7 23- 1024 - 1298.20 1813 Provincial Ct Lot 113 of Southeast Estates Sec. 7 23- 1024 - 1298.23 1814 Provincial Ct Lot 111 of Southeast Estates Sec. 7 23- 1024 - 1298.21 1815 Provincial Ct Lot 112 of Southeast Estates Sec. 7 23- 1024 - 1298.22 WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council was published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met regardless of the changes contained herein; and WHEREAS, it is the desire of the Common Council to correct the legal description. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: REGULAR MEETING OCTOBER 25. 1999 SECTION I. The Common Council hereby rescinds the Confirmatory Resolution, No. 2768 -99. SECTION II. The Common Council hereby reaffirms that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION III. The Common Council hereby reaffirms that the areas meet one of the following conditions as formally established in Ordinance no. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION IV. The Common Council also hereby reaffirms the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION VI. The Common Council hereby reaffirms that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further reaffirms 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 sea. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by REGULAR MEETING OCTOBER 25, 1999 the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Jim Fershin, Vice - President, F & G Development Corporation, 2628 Woodwinds Court, Mishawaka, Indiana, made the presentation for this Resolution. Mr. Fershin informed the Council that this Resolution corrects an earlier Resolution which contained incorrect addresses and key numbers. He noted that F &G Development plans on developing twenty -three (23) properties located in the Southeast Estates Subdivision. 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 Aranowski made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. ORDINANCE NO. 2807 -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 3820 WILLIAM RICHARDSON DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FDC GRAPHIC FILMS, 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, requesting that the area commonly known as 3820 William Richardson Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the Northeast quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and described as being Lot 6 of the Toll Road Industrial Park - Section Four, as recorded under instrument number 8822752, dated August 18, 1988, at the office of the recorder, St. Joseph County, Indiana, and containing 9.1421 acres, more or less, and is subject to all easements, restrictions and/or covenants of record. and which has Key Number 25- 1013 - 0211.19, Area under the provisions of Indiana Code 6 -1 Sections 2 -76 et sea., and; be designated as an Economic Revitalization 1 -12.1 et sea., and South Bend Municipal Code 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 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 Community and Economic Development Committee of the Common REGULAR MEETING OCTOBER 25, 1999 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. 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 /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met REGULAR MEETING OCTOBER 25, 1999 on this Resolution and sends it to the Council with a favorable recommendation. Mr. Dallas Hogan, 1605 East Madison, South Bend, Indiana, made the presentation on behalf of FDC Graphic Films, Inc., 3820 William Richardson Drive, South Bend, Indiana. Mr. Hogan informed the Council that he is an independent consultant and has worked for FDC Graphic Films, Inc. for the past year and a half. They are requesting a personal property tax abatement to be used for growth of the business. This company has been in business for the past twelve (12) years. The business moved to South Bend in 1995 and received benefits from the City of South Bend at that time.. This abatement will provide for the purchase of new equipment for expected business which is coming from the 3M Corporation. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 87 -99 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1040 W. WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 8, 1999. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS 1. REPORTS FROM THE AREA PLAN COMMISSION Councilmember Kelly made a motion that the following Bill Nos. 77 -99, 78 -99, 79- 99 AND 81 -99 be referred to the Zoning and Annexation Committee and be set for Public Hearing and Third Reading on November 8, 1999. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 77 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON CALVERT STREET BETWEEN KALEY AND NEW ENERGY DRIVE BILL NO. 78 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2313 W. EWING IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 79 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MC KINLEY AVENUE AND BLVD. DE LA PAIX IN THE CITY OF SOUTH BEND, IN REGULAR MEETING OCTOBER 25, 1999 BILL NO. 81 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 705 LINCOLNWAY EAST IN THE CITY OF SOUTH BEND, INDIANA 2. COLLEGE FOOTBALL HALL OF FAME UPDATE Council President Coleman advised that the Council will receive the next update from the College Football Hall of Fame on November 22, 1999. 3. MAKIELSKI FAMILY RECEPTION Council President Coleman announced that the Makielski Family will be host of a reception to be held on November 5, 1999 at the Northern Indiana Center for History. 4. HAPPY BIRTHDAY TO COUNCILMEMBER ROLAND KELLY Members of the Council wished Councilmember Roland Kelly a happy birthday. NEW BUSINESS There was no new business to come before the Council at this time. 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, Council President Coleman adjourned the meeting at 7:22 p.m. ATTEST: oretta J Dud , C ty Cle ATTEST: Sean Coleman, President 1 1