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HomeMy WebLinkAbout02-12-96 Council Meeting MinutesREGULAR MEETING FEBRUARY 12, 1996 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, February 12, 1996, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Pfeifer, Kelly, Broden, Varner, Zakrzewski, Coleman Hosinski and Washington 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 January 22, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the January 22, 1996, meeting be accepted and placed on file, seconded by Council Member Luecke. The motion carried. SPECIAL BUSINESS Council President Kelly announced the appointment of Anthony Douglas, and reappointment of Ken Herceg to the Century Center Board of Managers. President Kelly presented Eugene Ladewski with a gavel honoring him for this work as president of the South Bend Common Council. Mayor Kernan presented him with a key to the City. The Mayor gave his State of the City address. Council Member Coleman made a motion to recess, seconded by Council Member Washington. The motion carried and the meeting was recessed at 8:05 and reconvened at 8:17 p.m. Council Member Coleman made a motion to resolve into the Committee of the Whole, and recess, seconded by Council Member Luecke. 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 8:17 p.m. with nine members present. Chairman Washington presiding. BILL NO. 75 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 828 JEFFERSON BOULEVARD, 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 Luecke. The motion carried. Council Member Zakrzewski reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable, as amended. John Byorni, Area Plan, indicated the petitioners wanted to contract a professional office building on this location. He said the Area Plan Commission sends this petition to the Council with a favorable recommendation. Steve Rudisell, a representative of REGULAR MEETING FEBRUARY 12, 1996 Abonmarche Consultants, made the presentation for the bill. He indicated the proposed building will be three floors, one floor will be half in the ground. He indicated there will be 20 parking spaces provided, which exceeds the variance that requires 17 parking spaces. He indicated the building will conform with the existing buildings in the neighborhood. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Luecke. The motion carried. BILL NO. 86 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 323 SOUTH MAIN STREET, IN THE CITY OF SOUTH BEND, INDIANA Council Member Luecke made a motion to continue this bill until February 26, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Luecke. The motion carried. ATTEST: City erk REGULAR MEETING RECONVENED Be it remembered that the Common Council reconvened in the Council Chambers on County -City Building at 8:02 p.m. presiding, and nine members present. BILLS, THIRD READING ATTEST: Chairman of the City of South Bend the fourth floor of the Council President Kelly ORDINANCE NO. 8657 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 828 JEFFERSON BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Luecke. The motion carried. Council Member Washington made a motion to pass the bill, as amended, seconded by Council Member Coleman. The motion carried. RESOLUTIONS RESOLUTION NO. 2334 -96 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 5820 WEST F. JAY NIMTZ PARKWAY AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: THE MANAGEMENT CONSORTIUM, 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 5820 West F. Jay Nimtz Parkway, and which is more particularly described as follows: Lot #3 of the Blackthorn Corporate Office Park and which has Key Number 28 1018 0624.03 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 1 1 1 REGULAR MEETING FEBRUARY 12, 1996 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; 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. REGULAR MEETING FEBRUARY 12, 1996 SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman reported that the Community and Economic Development Commission had met on this bill and recommended it to the Council favorable. Willliam Hurst, President of Management Consortium, made the presentation for the resolution. He indicated they propose to build a four story, 150 room, full service hotel on approximately 4.5 acres of land. He said each unit will feature a parlor and bedroom with 2 TV's, VCR, stocked min -bar, refrigerator and microwave. He indicated the hotel will overlook the 18th hole of the golf course and will have a restaurant, cocktail bar, full room service, indoor pool, fitness center with computer data ports, conference facilities, spa suites and courtesy vans. Ann Kolata, Redevelopment spoke in favor of this resolution. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2335 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3702 W. SAMPLE STREET, SOUTH BEND, INDIANA, 46619, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR CHERRY ROLLER, 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 3702 W. Sample, South Bend, Indiana, and which is more particularly described as follows: That part of the northeast quarter of 16,T. 37 N, R 2E, City of South Bend, St. Joseph County, which is described as: From the Northwest Corner of the East half of the Northeast quarter of said Section measure South 90 deg. 00 min. 00 sec. West along the North line of said Section 630 ft. and South 00 deg. 02 min. 31 sec. West along the North line of said Section 630 ft. and South 00 deg. 02 min. 31 sec. E 40.00 ft. and north 90 deg. 00 min. 00 sec. East 300.02 ft (300.00 ft. Record) and South 00 deg. 04 min. 00 sec. West 579.33 ft. (S. 00 deg. 01 min 52 sec. W., 59 min, 13 sec. East 13.745 Ft. Record) and South 00 deg. 00 min 38 sec. east 280.27 ft. to the Point of Beginning of this description, thence South 89 deg. 55 min. 49 sec. West along the North line of Industrial Ave. (now Vacated). 159.99 ft. thence South 00 deg. 03 min. 24 sec. West 400.60 ft,; thence south 89 deg. 55 min 41 sec. East along the northerly line of the New Jersey, Indiana and Illinois Railroad 289.00 ft., thence north 00 deg. 03 min. 24 sec. East 363.03 ft (N 00 deg. 01 min 48 sec. E. 364.55 ft. Record); thence North 89 deg. 56 min. 24 sec. west 128.96 ft. (N 89 fl REGULAR MEETING FEBRUARY 12, 1996 deg. 55 min 00 sec. 128.885 ft., Record). thence North 00 deg. 00 min 38 sec. West 36.00 ft. (N 00 deg. 02 min 16 sec. W. Record) to the point of beginning. Containing 2.5472 acres. and this property has Key Number 180 811 242 1503 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 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 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. REGULAR MEETING FEBRUARY 12, 1996 SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman reported that the Community and Economic Development Commission had met on this bill and recommended it to the Council favorable. Charles Leone, attorney, made the presentation for the resolution. He indicated Cherry Roller is a new company that will be locating in the Sample Street Business Complex. He indicated this will be a micro - manufacturing concern which produces hi -tech elastomeric rollers used in printing, textile, furniture, plastics, or steel industries. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The motion carried. RESOLUTION NO, 2336 -96 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 208 EAST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: CHARLES AND HATTIE P. PRYOR 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 208 East Sample, South Bend, Indiana, and which is more particularly described as follows: THAT PART OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAMPLE STREET WITH THE EAST LINE OF THE RECORDED PLAT OF "BAKER'S" FIRST ADDITION ", AS RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, THENCE ALONG THE SOUTH LINE OF SAMPLE STREET S. 890 44' 10" E., 194.37 FT. (EAST, 194.00 FT.) THENCE S 000 44 42 W. 146.68 FT. TO A POINT ON THE NORTH LINE OF LOT 4 OF SAID RECORDED PLAT; THENCE N. 890 34' 53" W. ALONG SAID NORTH LINE 6.91 FT.; THENCE S. 000 32' 18 " W . , 96.41 FT. THE NORTH RIGHT -OF -WAY LINE OF OHIO STREET; THENCE ALONG SAID NORTH LINE N. 890 39' 20" W., 177.44 FT. TO A POINT WHICH IS S 890 39' 20" E. 38.50 FT. FROM THE SOUTHWEST CORNER OF LOT 1 IN SAID SUBDIVISION; THENCE N. 00o 27' 47" E. 96.64 FT. TO THE NORTH LINE OF SAID LOT 1; THENCE ALONG SAID NORTH LINE N. 890 34' 53" W., 9.46 FT.; THENCE N. 00o 34' 34" E., 146.15 FT. (NORTH, 145.0 FT., RECORD) TO THE POINT OF BEGINNING. and which has Key Number 18 7001 0008 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 1 F� REGULAR MEETING FEBRUARY 12, 1996 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; 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. REGULAR MEETING FEBRUARY 12, 1996 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman reported that the Community and Economic Development Commission had met on this bill and recommended it to the Council favorable. Charles Pryor, president of Champion Soft Water, made the presentation for the resolution. He indicated they planned to construct a 5,000 sq. foot building to house all operations of the business, which includes water treatment systems, repair service, parts, salt, bottled water and delivery service. Council Member Washington made a motion to adopt the resolution, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2337 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 325 S. WALNUT, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR MASTERBILT, 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 325 S. Walnut, South Bend, Indiana, and which is more particularly described as follows: Lot 41 Ex Pt NE Cor Lot 42 Knoblocks Sub Bol 84 N of RR and this property has Key Number 18 3076 3060, 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 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 seg., 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; REGULAR MEETING FEBRUARY 12, 1996 (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 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman reported that the Community and Economic Development Commission had met on this bill and recommended it to the Council favorable. Mike Wojtysiak, CPA, made the presentation for the resolution. He indicated this company produces components for fuel controls for Allied Signal and other aerospace manufacturers. He indicated they were purchased new equipment necessary to maintain quality and productivity. Council Member Washington made a motion to adopt this resolution, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2338 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH REGULAR MEETING FEBRUARY 12, 1996 BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MIDWEST EMBROIDERY, INC. (DESIGNATING A NEW ADDRESS OF 3431 WILLIAM RICHARDSON DRIVE) WHEREAS, the Common Council of the City of South Bend, indiana, adopted a Declaratory Resolution No. 2103 -94, designating areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, the Common Council of the City of South Bend, Indiana, adopted a Confirmatory Resolution No. 2105 -94, confirming the designation that certain areas within the City be an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, the petitioner has now installed the equipment at 3431 William Richardson Drive (as opposed to the original address of 3600 McGill Street); and .WHEREAS, the Common Council of the City of South Bend, Indiana, now wishes to amend the Declaratory and Confirmatory Resolutions, Nos 2103 -94 and 2105 -94 respectively, striking the address of 3600 McGill Street, wherever it appears, and replacing it with 3431 William Richardson Drive, and which is more particularly described as follows: Toll Road Industrial Park, Section 6, Lot 15 and which has Key Number 25 -1013- 0212.02, to be an Economic Revitalization Area; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met in resolutions 2103 -94 and 2105 -94, and further determines that the petitioner has met all such qualifications of the new address. 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 and hereby ratified its Declaratory and Confirmatory Resolutions, as amended, designating the area described as 3431 William Richardson Drive 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 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 III. The Council further exercises its authority pursuant to Indiana Code 6 -1.1- 12.1- 11.3(c) and waives certain compliance requirements with such waiver, taking place after the public hearing. The Council further finds that each of the additional findings required pursuant to Indiana Code 6 -1.2- 12.1 -4 -5 have been met, and the Midwest Embroidery's property located at 3431 William Richardson Drive is declared an Economic Revitalization Area. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common council and approved by the Mayor. /s/ Roland Kelly Member of the Common Council REGULAR MEETING FEBRUARY 12, 1996 A public hearing was held on the resolution at this time. Council Member Coleman reported that the Community and Economic Development Commission had met on this bill and recommended it to the Council favorable. Mike Beitzinger made the presentation for the resolution. He indicated that due to procedural errors the wrong address was used on their previous abatements. He indicated State Board has agreed to accept a resolution from the Council amending the address. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 3 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING OHIO STREET FROM FELLOWS STREET TO MARIETTA STREET AND RUSH STREET FROM KEASEY STREET TO THE PENN CENTRAL RAILROAD AND CERTAIN NORTH /SOUTH AND EAST /WEST ALLEYS SITUATED BETWEEN FELLOWS STREET AND MARIETTA STREET, AND SAMPLE STREET AND KEASEY STREET This bill had first reading. Council Member Varner made a notion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on February 26, seconded by Council Member Coleman. The motion carried. BILL N0. 4 -96 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY - THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY WEST OF NORTH MAIN STREET FROM THE NORTH RIGHT -OF- WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF WEST MADISON STREET TO THE SOUTH RIGHT -OF -WAY LINE OF WEST MADISON FOR A DISTANCE OF APPROXIMATELY 198 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN ORIGINAL TOWN OF SOUTH BEND, SAINT JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Luecke made a notion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on February 26, seconded by Council Member Washington. The motion carried. BILL NO. 5 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1524 LISTON STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Washington. The motion carried. BILL NO. 6 -96 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SECOND EAST -WEST ALLEY SOUTH OF EAST WAYNE STREET FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH SAINT PETER STREET TO THE WEST RIGHT -OF -WAY LINE OF SOUTH NOTRE DAME AVENUE FOR A DISTANCE OF APPROXIMATELY 344 FEET AND A WIDTH OF 14 FEET; AND THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH SAINT PETER STREET FROM THE SOUTH LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF EAST WAYNE STREET TO THE NORTH LINE OF THE SECOND EAST -WEST ALLEY SOUTH OF EAST WAYNE FOR A DISTANCE OF APPROXIMATELY 66 FEET AND A WIDTH OF 14 FEET. PART SITUATED IN COTTRELL'S FIRST ADDITION TO THE CITY OF SOUTH BEND, SAINT JOSEPH COUNTY, INDIANA REGULAR MEETING FEBRUARY 12. 1996 This bill had first reading. Council Member Luecke made a notion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on February 26, seconded by Council Member Washington. The motion carried. BILL NO. 7 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 115 SOUTH EDDY STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Washington. The motion carried. BILL NO. 8 -96 AN ORDINANCE THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN PORTAGE TOWNSHIP CONTIGUOUS THEREWITH; KLINK ANNEXATION AREA This bill had first reading. Council Member Zakrzewski made a motion to refer to this bill the Zoning and Vacation Committee and set it for public hearing and third reading on February 26, seconded by Council Member Coleman. The motion carried. BILL NO. 9 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT NORTHEAST CORNER OF NEW ENERGY DRIVE & SR. 23 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Washington. The motion carried. BILL NO. 10 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 208 EAST SAMPLE STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 11 -96 AN ORDINANCE THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES, INCLUDING $1,338,618 FROM THE GENERAL FUND, $1,400,000 FROM THE PARKS AND RECREATION FUND, $692,240 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $150,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $ 187,500 FROM THE EMERGENCY MEDICAL SERVICES FUND, $27,000 FROM THE BUILDING DEPARTMENT FUND, $291,500 FROM THE SOLID WASTE DEPRECIATION FUND, $903,000 FROM THE WATER WORKS DEPRECIATION FUND, $5,944,500 FROM THE SEWAGE WORKS DEPRECIATION FUND, $1,445,000 FROM THE LOCAL ROAD AND STREET FUND, $719,000 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND This bill had first reading. . Member Washington made a motion to refer this bill to he Personnel and Finance Committee and set it for public hearing and third reading on February 26, seconded by Council Member Coleman. The motion carried. BILL NO. 12 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 -18 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING OVERTIME PARKING FINES This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set REGULAR MEETING FEBRUARY 12. 1996 it for public hearing and third reading on February 26, seconded by Council Member Luecke. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, a seconded by Council Member Washington. The motion carried. The - meeting was adjourned at 8:54 p.m. ATTEST: ATTEST: CLity/lIlerk President