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HomeMy WebLinkAbout03-12-98 Council Meeting minutesREGULAR MEETING MARCH 12.1998 Due to inclement weather it was necessary to postpone the March 9, meeting of the Council until March 121 1998. Be it remembered that the Common Council of the City of South Bend met in the Council meeting room of the County -City Building on Thursday, March 12, 1998, 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, Broden, Varner, Coleman, Hosinski and Sniadecki Absent: Council Member Ujdak 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 February 23, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Kelly made a motion that the minutes of the February 23, 1998, meeting be accepted and placed on file, seconded by Council Member Broden. The motion carried. 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 7:03 p.m. with eight members present. Chairman Broden presiding. BILL NO. 3 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1329 WEST INDIANA 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, gave their report. He advised the petitioner wanted to zone this property to "C" Commercial to allow for an office and storage for a plumbing company. He described the surrounding area, which is basically "A" residential. He advised the Council that Area Plan sends this petition to the Council with an unfavorable recommendation. Tom Uzelac, the petitioner, 2008 S. William, indicated he was there to answer any questions. Council Member Hosinski explained that the Zoning and Annexation Committee felt since this was an existing empty structure that is a potential detriment to the area. He indicated there will be no adverse impact by rezoning this property, and all requirements for screening will be met. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 4 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4500 SO. MAIN ST. IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING MARCH 12,1998 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. Council Member Kelly made a motion to accept the substitute on file with the City Clerks office, 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, gave their report. He advised the petitioner was requesting this zoning to "C" Commercial to allow for an electrical repair shop. He reported that the Area Plan Commission sends this rezoning to the Council with a favorable recommendation. John Butler, 1614 Cass, Niles, indicated he was representing the petitioner, and was there to answer questions. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. BILL NO. 17 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 210, 220, 310, 316 IRONWOOD ROAD 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, made the presentation for the bill. He reported this was an Area Plan initiated petition to zone this property to P.H.C., which will zone the buildings as permitted use and allow the buildings to be rebuilt or expanded. He advised that the Commission recommends this zoning to the Council favorable. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 21 -98 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING A NEW "IP" INDUSTRIAL PARK DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS 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 Hosinski. 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, as amended. Jim Voll, Area Plan, made the presentation for the bill. He reported this was an Area Plan initiated petition which adds a new IP Industrial Park District. The advised the new district will more closely match the development standards of the Blackthorn Development Area and provide a greater level of protection for the investments already in place. Ann Kolata, Redevelopment Director, indicated that several departments worked with Area Plan to come up with the IP category. She urged the Council pass this bill. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Pfeifer. The motion carried. BILL NO. 26 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND THE AMENDING OF CHAPTER 17, ARTICLE 4, SECTIONS 17 -45 AND 17 -46 OF THE SOUTH BEND MUNICIPAL CODE This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to L F - 1 REGULAR MEETING MARCH 12,1998 be heard. Council Member Sniadecki reported that the Utilities Committee had met on this bill and recommended it to the Council favorable. John Stancati, Director of the Water Work, made the presentation for the bill. He reported that the Council had passed an ordinance on June 23, 1997 to increase water rates, contingent upon approval by the Indiana Utility Regulatory Commission. He advised that the Commission's order differed slightly from the increase approved by the Council and as a result it is necessary to pass this bill that is identical to the schedule of rates and charges approved by the Commission. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion carried. Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Sniadecki. The motion carried. ATTEST: v ity 1 REGULAR MEETING RECONVENED Be it remembered that the Common Counci Bend reconvened in the Council Chambers the County -City Building at 7:22 p.m. presiding, and eight members present. BILLS, THIRD READING ATTEST: rman r'of the City of South on the fourth floor of Council President Coleman ORDINANCE NO. 8890 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1329 WEST INDIANA IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Hosinski made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8891 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4500 SO. MAIN ST. IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Hosinski made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8892 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 210, 220, 310, 316 IRONWOOD ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council to amend this bill, as amended in the seconded by Council Member Aranowski. Council Member Hosinski made a motion amended, seconded by Council Member Si by a roll call vote of eight ayes. Member Kelly made a motion Committee of the Whole, The motion carried. to pass this bill, as aiadecki. The bill passed ORDINANCE NO. 8893 -98 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING A NEW "IP" INDUSTRIAL PARK DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS REGULAR MEETING This bill had third reading. Council to amend this bill, as amended in the seconded by Council Member Sniadecki. Council Member Hosinski made a motion by Council Member Sniadecki. The bill of eight ayes. MARCH 12,1998 Member Kelly made a motion Committee of the Whole, The motion carried. to pass this bill, seconded passed by a roll call vote ORDINANCE NO. 8894 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH SEND ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND THE AMENDING OF CHAPTER 17, ARTICLE 4, SECTIONS 17 -45 AND 17 -46 OF THE SOUTH BEND MUNICIPAL CODE This bill had third reading. to pass this bill, seconded by passed by a roll call vote of RESOLUTIONS Council Member Kelly made a motion Council Member Broden. The bill eight ayes. RESOLUTION NO. 2568 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3333 WEST LATHROP BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TOTAL ENTERPRISES, LTD. Whereas, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and Whereas, a Declaratory Resolution designated the area commonly known as 3333 W. Lathrop, and which is more particularly described as follows: A tract of land in the Southeast Quarter of Section Twenty -eight (28) Township Thirty -Eight (38) North, Range Two (2) East, German Township, St. Joseph county, Indiana, as follows: Commencing at the Southeast corner of said Section Twenty - eight (28); thence South 90 degrees 00 minutes 00 seconds West on and along the South line of said Section Twenty - Eight (28), said line being also the center line of Lathrop Street (formerly Douglas Road) a distance of 990.00 feet; thence north 0 degrees 10 minutes 55 seconds seconds East a distance of 20.00 feet to the North line of Lathrop Street (formerly Douglas road) and the true place of beginning; thence continuing on a bearing of north 0 degrees 10 minutes 55 seconds east a distance of 620 feet; thence north 90 degrees 00 minutes 00 seconds east a distance of 447.97 feet; thence south 00 degrees 00 minutes 00 seconds west a distance of 620 feet to the north line of Lathrop Street (formerly Douglas Road) a distance of 449.94 feet to the place of beginning, EXCEPTING THEREFROM a tract of land in the southeast quarter of Section Twenty -eight (28), Township Thirty -eight (38) north, Range Two (3) East, German Township, St. Joseph county, Indiana, described as follows: Beginning at the Southeast corner of said Section Twenty - eight (28); thence Westerly on and along the south line of said Section Twenty -eight (28); said line also being the center line of Lathrop St, a distance of 540.00 feet; thence north 00 degrees 00 minutes 00 seconds east a distance of 20.00 feet to the true place of beginning, said point also being on the existing right -of -way of Lathrop Street; thence South 90 degrees 00 minutes 00 seconds west a distance of REGULAR MEETING MARCH 12,1998 449.94 feet; thence north 00 degrees 10 minutes 55 seconds east a distance of 449.88 feet; thence south 00 degrees 00 minutes 00 seconds east a distance of 20.00 feet to the place of beginning. Subject to legal highways. PARCEL II: A part of the southeast Quarter of Section Twenty- eight, township Thirty -eight (38) North, Range Two (2) East, German Township, St. Joseph County, Indiana. Commencing at the Southeast corner of said Section; thence north 90 degrees 00 minutes 00 seconds west 540.00 feet along the south line of said Section; thence north 0 degrees 00 minutes 00 seconds west 640.00 feet to the point of beginning of this description; thence south 90 degrees 00 minutes 00 seconds west 447.97 feet; thence southeasterly 34.57 feet along an arc to the left having a radius of 480.00 feet and subtended by a long chord having a bearing of South 87 degrees 58 minutes 20 seconds east and a length of 34.56 feet; thence south 90 degrees 00 minutes 00 seconds east 412.96 feet; thence South 0 degrees 00 minutes 00 seconds west 150.03 feet tot he point of beginning. Subject to legal highways. A part of the southeast.quarter of Section Twenty -eight (28), Township Thirty -eight (38) North, Range Two 92) East, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of said Section; thence north 90 degrees 00 minutes 00 seconds west 540.00 feet along the south line of said Section; thence North 00 degrees 00 minutes 00 seconds west 40.00 feet to the point of beginning of this description; thence north 00 degrees 00 minutes 00 seconds west 750.02 feet; thence north 90 degrees 00 minutes 00 seconds east 44.05 feet; thence easterly 25.96 feet along an arc to the right having a radius of 506.47 feet and subtended by a long chord having a bearing of south 88 degrees 31 minutes 54 seconds east and a length of 25.96 feet; thence south 00 degrees 00 minutes 00 seconds west 749.36 feet; thence north 90 degrees 00 minutes 00 seconds west 70.00 feet to the point of beginning. Subject to legal highways. with said real estate having the following Key No. 25- 1010 -0409, 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 -25; and Whereas, the Council held a public hearing for the purpose of hearing all remonstrances and objections from interested persons; and Whereas, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of REGULAR MEETING MARCH 12,1998 the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of FIVE (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Phil Faccenda, attorney, made the presentation for the resolution. He reported that this company plans to invest between $350,000 to $750,000 in new equipment to supply mainly the automobile business. He advised this will help them to become more competitive in their field. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2569 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4085 MEGHAM BEELER COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR MICHIANA INDUSTRIAL SUPPLY WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4085 Meghan Beeler, South Bend IN, and which is particularly described as follows: . WEST h OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST and which has Key Number 25 1013 0207.02 with said real estate having the following Key No. 25 -1013- 0207.02 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of f' 1 1 REGULAR MEETING MARCH 12,1998 the Declaratory Resolution by the Common Council. SECTION II. The Common Council property owner is qualified for deduction for a period of three that the petition complies with Municipal Code of the City of S, 12.1 et seams hereby determines that the and is granted Real property tax (3) years, and further determines Chapter 2, Article 6, of the Duth Bend and Indiana Code 6 -1.1- 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/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Stephen Kubach, president of Michiana, made the presentation for the resolution. He advised they were expanding their business, in order to do light manufacturing (which is currently done out of state) distribution, sales and services at this location. Council Member Hosinski made a motion to to adopt the resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2570 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4073 MEGHAN BEELER COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR KOVAS DOOR COMPANY WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4073 Meghan Beeler Court, South Bend IN, and which is particularly described as follows: EAST h OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST and which has Key Number 25 1013 0207.02 be designated as an with said real estate having the following Key No. 25- 1013 -0218 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. REGULAR MEETING MARCH 12,1998 SECTION II. The Common Council property owner is qualified for deduction for a period of three that the petition complies with Municipal Code of the City of S, 12.1 et sea. hereby determines that the and is granted Real property tax (3) years, and further determines Chapter 2, Article 6, of the Duth Bend and Indiana Code 6 -1.1- 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 /Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Dan Kovas, petitioner, made the presentation for the resolution. He reported they were consolidating increasing their facility in order that all their operations, which include sales, distribution, installation, servicing, prepartion, altration, fabrication and repairs of overhead doors, would be in one facility. 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 eight ayes. RESOLUTION NO. 2571-97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 RIVERSIDE DRIVE BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EXPANDED METAL COMPANY OF INDIANA LLC Whereas, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and Whereas, a Declaratory Resolution designated the area commonly known as 1400 Riverside Drive, and which is more particularly described as follows: Beginning at the southeast corner of the southwest 1/4 of said Section 35; thence South 890 55' 00" west, 116.24 feet; thence north 00o 00' 27" west, 12.00 feet to the north line of a 12 foot alley; thence north 890 55' 00" east of the east line of Kessler Boulevard; thence north 000 00' 27" west parallel with said east line of Kessler Boulevard, 128.00 feet to a point on the south line of King Street, 180.00 feet south 890 55' 18" east of the northeast corner of Lot 10 as shown on the Second Plat of Northwest addition to the City of South Bend recorded April 6, 1906 in Plat Book 9, pages 30 and 31; thence south 890 55' 18" east along the south line of King Street, 352.84 feet; thence north 000 00' 27" west, 194.85 feet to a point on the centerline of the east and west 14 foot alley between King Street and McCarney Street produced east; thence North 000 06' 09" east, 128.81 feet to the east line of the southwest 1/4 of said Section 35; thence south 000 00' 30" east along said east line, 27.84 feet; thence North 890 46' 49" east 287.05 feet to the westerly line of Riverside Drive; thence south 160 37' 15" west along a chord subtending said westerly line of Riverside Drive 455.43 feet to the south line of said section 35; thence north 900 00' 00" West along said south line, 156.71 feet to the point of beginning. Commencing at the southeast corner of the southwest 1/4 of said Section 35; thence North 000 00' 30" west (bearing assumed) along the east line of said Southwest 1/4 a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing north 000 00' 1 1 1 REGULAR MEETING MARCH 12,1998 30" west along said east line 336.00 feet to the south line of Queen Street; thence south 890 56' 09" west along said south line of Queen Street 176.60 feet; thence north 000 02' 36" east 195.00 feet to the centerline of the east and west 14 foot alley between Kinyon Street and Queen Street; thence south 890 56' 09" west along said centerline of alley, 131.37 feet; thence south 000 06' 09" west along the east line of Lot 145 in the Third Plat of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the office of the St. Joseph County Recorder and its northerly and southerly extensions, 195.00 feet to the south lien of Queen Street; thence South 890 56' 09" west along said south lien of Queen Street, 12.93 feet to the east line of Allen Street; thence south 000 05' 51" west along said east line of Allen Street, 329.87 feet to the south line of McCartney Street; thence south 890 58' 27" east along the south line of McCarney Street, 12.91 feet; thence south 000 06' 09" west 6.11 feet; thence north 890 56' 09" east 308.71 feet to the point of beginning. with said real estate having the following Key No.18 2110 4064; 18 2110 4065; 18 2110 4066; 18 2110 4067, 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 -25; and Whereas, the Council held a public hearing for the purpose of hearing all remonstrances and objections from interested persons; and Whereas, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of FIVE (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Phil Faccenda, attorney, made the presentation for the resolution. He reported that company is a subsidiary of Steel Warehouse and will be locating in the Lock Joint Tube facility since Lock Joint is moving to Ireland Road. He advised eighteen people will be employed by this new business. 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 eight ayes. RESOLUTION NO. 2572 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING REGULAR MEETING MARCH 12,1998 CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 W. SAMPLE STREET, SUITE 1125, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TRIANGLE MACHINE, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with'the Common Council of the City of South Bend, requesting that the area commonly known as 1137 S. Lafayette Blvd., South Bend, India*�a, and which is more particularly described as follows;'` Parcel of land, North West of North East Section 1637 2E. Containing 5.4021 2E acre or les and this property has Key Numbers 18 8112 421507, 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 sea.: and' WHEREAS, the Department of Economic Development has concluded an investigation and pre^ared 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 segz and South Fiend 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 lLnd Economic Development Committee of the Common Council ha.s 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 Fiend, Indiana, as follows: SECTION I. The Common hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.3 -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 REGULAR MEETING MARCH 12,1998 to justify the deduction.granted under Indiana Code 6- 1.1 -12.1- 4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five.(5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code-5 -3 -11 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. ls/ 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. Xuan Mai Tran, a representative of Triangle, made the presentation for the resolution. She reported they have had to turn away business due to lack of proper machinery, therefore, they were requesting this abatement in order to remain competitive. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 98 -37 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 2811 N. VIRIDIAN DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR HARRISON MANAGEMENT COMPANY RESOLUTION NO. 98 -38 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 2811 N. VIRIDIAN DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CONTAINER SERVICE CORP. Council Member Kelly ma above resolutions until petitioner, seconded by carried. RESOLUTION NO. 2573 -98 3e a motion to continue public hearing on March 23, at the request of the Council Member Broden. The motion A RESOLUTION OF THE - COMMON COUNCIL OF THE CITY OF SOUTH-BEND, INDIANA, REGULAR MEETING MARCH 12,1998 APPOINTING A CITY NEGOTIATING TEAM FOR TEAMSTER NEGOTIATIONS Whereas, the South Bend Common Council acknowledges that Mr. Robert R. Warnock, Jr., President of the Teamster Local Union No. 364, sent a letter dated January 23, 1998, to Mayor Stephen J. Luecke giving official notice that the Teamster Union desires to negotiate changes and modifications to their agreement which expires on December 31, 1998; and Whereas, the City of South Bend has used a joint negotiating team in the past which has represented the City Administration and the South Bend Common Council when addressing, through the negotiation process, such items as wages, fringe benefits and working conditions; and Whereas, the Board of Public Works, which is the appropriate Board to approve a contract between the City and Teamster Local Union No. 364, will act upon a similar Resolution which will appoint a City Negotiating Team; and Whereas, the South Bend Common Council has the authority to approve wages and budgetary items addressed in the Collective Bargaining Agreement; and Whereas, the Common Council and City Administration jointly agrees that a unified effort through a City Negotiating Team for the Teamster, negotiations is in the best interest of our City, with such team not being considered a "public agency" as defined in Indiana Code S 5- 14- 1.5 -2. Now, Therefore, Be it Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council and the City Administration of the City of South Bend, Indiana, jointly agree that a unified effort through a City Negotiating Team for upcoming Teamster negotiations is in the best interest of the City. Section II. The South Bend Common Council hereby appoints the following individuals to the City Negotiating Team to represent the City of South Bend, Indiana, which shall not be considered a public agency: Michelle Engel Catherine Hubbard -Shead Jeffrey M. Jankowski Carl P. Littrell Mr. Catherine Roemer Phil St. Clair Council Member James Aranowski, Alternate Council Member John Broden Council Member Rod Sniadecki Council Member David A. Varner Kathleen Cekanski - Farrand 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/ Sean Coleman Member of the Common Council ATTEST: City Clerk Stephen J. Luecke, Mayor A public hearing was held on the resolution at this time. Council Member Coleman made the presentation for the resolution. He advised the Council who would serve on the negotiating team. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted 1 1 REGULAR MEETING MARCH 12,1998 by a roll call vote of eight ayes. RESOLUTION NO. 2574 -35 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 2811 N. VIRIDIAN DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR HARRISON MANAGEMENT J COMPANY 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 4135 Meghan Beeler Court, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Two (2) as shown on the recorded Plat of West 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 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2- 76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, 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., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the 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 REGULAR MEETING MARCH 12,1998 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 pursuant South Bend Municipal Code finds that six designation in light of the following: 1. The enormous risk the petitioner this type of development. 2. The additional costs associated development. to Section 2 -84 of the (6) years is a proper takes associated with with this particular 3. The huge overall cost of the development, which is expected to exceed $10 million. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6) years. 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 bill and recommended it to the Council favorable. Christopher Davey, a real estate broker, made the presentation for the resolution. He advised they were interested in development of three "spec" buildings in the industrial park. He informed the Council that this venture will represent an investment of approximately $9 million, and create 450 to 500 new jobs. He explained that there is not an abundance of space available in this area. He indicated they were asking for a special exception in order to construction buildings on "spec ". Roger Voelker, 1713 Franklin indicated there were concerns because they were constructing buildings and giving 1 1 REGULAR MEETING MARCH 12,1998 ababements for an unknown use. Joyce Boaler, South Bend, indicated this would be a blanket tax abatement. She indicated that tax abatements are automatically passed by the Council, and this gives an okay ahead of time that would remove any power of the people. Mr. Davey indicated they were not going to bring any unsavory type of business into the industrial park, since the developers of the park will have an investment in excess of $9 million. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2575 -98 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 LOT #3 WEST CLEVELAND ROAD INDUSTRIAL PARK (4167 MEGHAN BEELER COURT) AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR BEELER & BROWN PROPERTIES, L.L.C. AND DAVEY, 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 4167 Meghan Beeler Court, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Two (2) as shown on the recorded Plat of West 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, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6- 1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2- 76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, 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., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or REGULAR MEETING MARCH 12,1998 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 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 pursuant to Section 2 -84 of the South Bend Municipal Code finds that six (6) years is a proper designation in light of the following: 1. The enormous risk the petitioner takes associated with this type of development. 2. The additional costs associated with this particular development. 3. The huge overall cost of the development, which is expected to exceed $10 million. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six ( 6 ) years. 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 i 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 REGULAR MEETING MARCH 121998 Development Committee had met on this bill and recommended it to the Council favorable. Christopher Davey, a real estate broker, made the presentation for the resolution. He informed the Council that they have been working on this project since last fall, as it is a long process. He indicated 'spec" building was new in South Bend, but it is not new in other pars of the State. 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 eight ayes. RESOLUTION NO. 2576 -98 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 LOT #8 WEST CLEVELAND ROAD INDUSTRIAL PARK (4101 WILLIAM RICHARDSON COURT) AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR BEELER & BROWN PROPERTIES, L.L.C. AND DAVEY, 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 4101 William Richardson Court, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Eight (8) as shown on the recorded Plat of West 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 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2- 76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, 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., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or REGULAR MEETING MARCH 12,1998 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 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 pursuant South Bend Municipal Code finds that six designation in light of the following: 1. The enormous risk the petitioner this type of development. 2. The additional costs associated development. to Section 2 -84 of the (6) years is a proper takes associated with with this particular 3. The huge overall cost of the development, which is expected to exceed $10 million. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council further exercises its authority to waive certain compliance requirements of Indian Code 6 -1.1- 12.1-1 et seq., as permitted by Indiana Code 6 -1.1- 12.1- 11.3(c), to the extent necessary to give effect to this Resolution, with such waiver taking place after public hearing. Without limiting the general scope of this waiver, the Common Council hereby approves Form SB -1 Statement of Benefits and specifically waives the Petitioner's failure to submit said Statement of Benefits to the Common Council before initiating the redevelopment project, in accordance with Indiana Code 6 -1.1- 12.1- 11.3(a)(2). The Common Council further funds that each of the additional findings required pursuant to Indiana Code 6 -1.1- 12.1 -2 have been met, and that the property located at Lot #8 West Cleveland Road Industrial Park (4101 William Richardson Drive) is declared an Economic Revitalization Area. 1 1 REGULAR MEETING MARCH 1281998 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 made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Broden. The motion carried. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable, as amended. Christopher Davey, a real estate broker, made the presentation for the resolution. He reported that this building would be 36,000 square feet and cost $1,100,000. 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 eight ayes. BILLS, FIRST READING BILL NO. 27 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1101 CAMPEAU, SOUTH BEND, INDIANA, 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 Broden. The motion carried. BILL NO. 28 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST WEST ALLEY SOUTH OF FAIRVIEW AVENUE FROM THE WEST RIGHT -OF -WAY OF GERTRUDE STREET WEST APPROXIMATELY 147 FEET TO THE DEAD -END HAVING A WIDTH OF 16 FEET. PART LOCATED IN RUM VILLAGE HEIGHTS 2ND ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to Area Plan, seconded by Council Member Hosinski. The motion carried. BILL NO. 29 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4215 SOUTH MICHIGAN, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Broden made a motion to refer this bill to Area Plan, seconded by Council Member Hosinski . The motion carried. UNFINISHED BUSINESS Council Member Broden made a motion to set Bill No. 133 -97 for public hearing and third reading on March 25, seconded by Council Member Varner. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, gave his monthly Hall of Fame report. He asked if we really should build a another museum, indicating that perhaps the Studebaker collection should be moved into the Hall of Fame. REGULAR MEETING MARCH 12,1998 There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 8:30 p.m. ATTEST: ity r ATTEST: Qj-', CO& �1 President 1 1