HomeMy WebLinkAbout02-28-94 Council Meeting MinutesREGULAR MEETING
FEBRUARY 28, 1994
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 14, 1994, 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, Washington, Kelly,
Puzzello, Slavinskas, Zakrzewski, Coleman, Duda
and Ladewski
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 February 21, 1994 meeting of the
Council and found them correct.
Therefore, we recommend the same be approved.
/s/ Ann Puzzello
/s/ Gene Ladewski
Council Member Coleman made a motion that the minutes of the February 21, 1994,
meeting of the Council be accepted and placed on file, seconded by Council
Washington. The motion carried.
SPECIAL BUSINESS
Council President Puzzello reported that the Howard Goodhew will be the Council's
appointment to the Urban Enterprise Association.
RESOLUTION NO. 2099 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A
POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA
IN GERMAN TOWNSHIP (RESERVOIR ANNEXATION)
WHEREAS, there has been submitted to the Common Council of the City of South
Bend, Indiana, an ordinance which proposes the annexation of the hereinafter
described real estate located in Centre Township, St. Joseph County, Indiana; and
WHEREAS, the territory proposed to be annexed is encompasses an operating City
reservoir, residential properties, a church, and commercial and mixed -use property
located in centre Township, St. Joseph County, contiguous therewith and generally
located west of Ironwood Road, and south of Ireland Road. The development of the
territory proposed to be annexed will require a basic level of municipal public
services, which services shall include services of a non - capital nature, including
street and road maintenance, and services of a capital improvement nature, including
street construction, street lighting, sewer facilities, and storm water facilities;
and
WHEREAS, the Common Council of the City of South Bend, Indiana now desires to
establish and adopt a fiscal plan and establish a definite policy showing (1) the
cost estimates of services of a non - capital nature, including street and road
maintenance, police and fire protection and other non - capital services normally
provided within the corporate boundaries, and services of a capital improvement
nature, including street construction, street lighting, water facilities, sewer
facilities, and storm water drainage facilities to be furnished to the territory to
be annexed; (2) the method(s) of financing those services; (3) the plan for the
organization and extension of those services; (4) that services of a non - capital
nature will be provided to the annexed area within one (1) year year after the
effective date of the annexation, and that they will be provided in a manner
equivalent in standard and scope to similar non - capital services provided to areas
within the corporate boundaries of the City of South Bend, that have characteristic
of topography, patterns of land use, and population density similar to that of the
territory to be annexed; (5) that services of a capital improvement nature will be
provided to the annexed area within three (3) years after the effective date of the
annexation in the same manner as those services are provided to areas within the
corporate boundaries of the City of South Bend that have characteristics of
topography, patterns of land use and population density similar to that of the
territory to be annexed and in a manner consistent with federal, state and local
laws, procedures, and planning criteria; and (6) the plan for hiring the employees of
other governmental entities whose jobs will be eliminated by the proposed annexation;
and
WHEREAS, the Board of Public Works of
Public Safety of the City of South Bend, and
of the City of South Bend have approved a
policy for the provision of services to the
policy, as it relates to the territory to be
in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CO]
INDIANA, AS FOLLOWS:
the City of South
the Board of Water
written fiscal plan
territory to be ann
annexed, the Common
4MON COUNCIL OF THE
Bend, the Board of
Works Commissioners
and established a
axed which plan and
Council finds to be
CITY OF SOUTH BEND,
Section I. That it is in the best interest of the City of South Bend and of the
area proposed to be annexed that the real property located in Centre Township, St.
Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part
REGULAR MEETING
Joseph County, Indiana, described in Exhibit "A"
thereof, be annexed to the City of South Bend.
FEBRUARY 28. 1994
attached hereto and made a part
Section II. That it shall be and hereby is now declared and established that it
is the policy of the City of South Bend to furnish to said territory services of a
non - capital nature, such as street and road maintenance, police and fire protection,
within one (1) year of the effective date of the annexation, in a manner equivalent
in standard and scope to the services furnished by the City to other areas of the
City which have characteristics of typography, patterns of land utilization and
population density similar to said territory; and to furnish to said territory
services of a capital improvement nature, such as street construction, street
lighting, water facilities, sewer facilities, and storm water facilities, within
three (3) of the effective date of the annexation, in the same manner as those
services are provided to areas within the corporate boundaries of the City of South
Bend that have characteristics of topography, patterns of land use and population
density similar to that of the territory to be annexed and in a manner consistent
with Federal, State and local laws, procedures, and planning criteria.
Section III. That the Common Council of the City of South Bend shall and does
hereby now establish and adopt the fiscal plan, attached hereto and made a part
hereof, for the furnishing of said services to the territory to be annexed.
Section IV. This resolution shall be in full force and effect upon its adoption
by the Common Council and approval by the Mayor.
/s/ Ann Puzzello
Member, Common Council
EXHIBIT A
Parcels of land located in the Southwest quarter of Section 30, Township 37 North,
range 3 East, Centre Township, St. Joseph County, Indiana; more particularly
described as follows:
Commencing at the northeast corner of the southeast quarter of Section 30; thence due
west 1320 feet to the point of beginning; thence south 1320 feet along the section
line; thence east 1320 feet to the east section line, of section 30; thence north 960
feet, more or less, along the east section line; thence west 392.46 feet; thence
south 12.2 feet; thence west 549.17 feet; thence north 380.9 feet, more or less to
the center line of Ireland Road; thence west 376 feet, to the point of beginning, and
containing 37.02 acres, more or less.
A public hearing was held on the resolution at this time. Council Member Slavinskas
reported that the Zoning and Annexation Committee had met on this bill and
recommended it to the Council favorable. Larry Magliozzi, Economic Development, made
the presentation. He indicated the proposed annexation has a church, pastor's
residence, three additional single - family housing units, one single family
residential commercial mixed use structure and one medical office. He indicated that
a number of properties in the are already serviced by sewage and water lines run
directly in front of the property. He indicated the police can effectively patrol
this area. Thomas Walz, attorney, spoke against this plan. 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.
REPORTS OF CITY OFFICES
Kevin Horton, Controller, gave the 1994 financial report.
Council Member Coleman made a motion to resolve into the Committee of the Whole,
seconded by Council Member Zakrzewski. 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 on February 14, at 7:26 p.m., with nine members present.
Chairman Kelly presiding.
BILL NO. 116 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4400
W. WESTERN AVENUE, IN THE CITY OF SOUTH BEND, INDIANA.
This being the time heretofore set for public hearing on the above bill, proponents
and opponents were given an opportunity to be heard. Council Member Slavinskas
reported that the Zoning and Annexation Committee had met on this bill and
recommended it to the Council favorable. John Byorni, Area Plan, described the
surrounding property. He indicated this was 11.5 acre parcel of land that contains a
grocery store, retail stores, two restaurants, and a vacant building that they plan
to remove. He indicated this zoning received a favorable recommendation from Area
Plan. John Peddycord, attorney, made the presentation for the bill. He indicated
that Martins is planning to renovate and expand this property. He indicated that 35
new jobs will be created. Council Member Zakrzewski made a motion to recommend this
bill to the Council favorable, seconded by Council Member Duda. The motion carried.
BILL NO. 119 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS
THEREWITH AND GENERALLY LOCATED WEST OF IRONWOOD ROAD AND SOUTH
OF IRELAND ROAD IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, IN
(RESERVOIR ANNEXATION.)
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 Slavinskas
reported that the Zoning and Annexation Committee had met on this bill and
recommended it to the Council favorable. Larry Magliozzi, Economic Development, made
the the presentation for the bill. He indicated this annexation is scheduled to be
effective on May 15, 1994. The presentation for this bill was the same as the fiscal
plan adopted earlier. Thomas Walz, attorney, indicated he represented five out of
nine property owners in the area. He indicated that the petition as filed creates a
situation that allows the property owners to file a remonstrance that could test this
annexation. He indicated a large tax burden would be placed on the property owners
in this area, as well as create two non- conforming uses in the area. Eugene
Paczkowski, 59601 S. Ironwood, and Dave Varner, 18132 Ireland, spoke against this
annexation, citing the fact that they will have a 62% increase in taxes. Council
Member Luecke made a motion to recommend this bill to the Council favorable, seconded
by Council Member Coleman. The motion carried.
BILL NO. 14 -94
A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING OF THE ISSUANCE OF LEASE RENTAL REVENUE BONDS BY THE
SOUTH BEND REDEVELOPMENT AUTHORITY.
Council Member Coleman made a motion to continue public hearing on the bill until
March 14, seconded by Council Member Zakrzewski. The motion carried.
Council Member Coleman made a motion to rise and report to the Council, seconded by
Council Member Ladewski. The motion carried.
ATTEST: ATTEST:
70��� _1 ;L
City Clerk Chairman
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South Bend reconvened in the
Council Chambers on the fourth floor of the County -City Building at 8:40 p.m.
Council President Puzzello presiding, and nine members present.
BILLS, THIRD READING
ORDINANCE NO. 8469 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 4400 W. WESTERN AVENUE, IN THE CITY OF SOUTH
BEND, INDIANA.
This bill had third reading. Council Member Coleman made a motion to pas this bill,
seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes.
ORDINANCE NO. 8470 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN
TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED WEST OF
IRONWOOD ROAD AND SOUTH OF IRELAND ROAD IN CENTRE TOWNSHIP,
ST. JOSEPH COUNTY, INDIANA (RESERVOIR ANNEXATION.)
This bill had third reading. Council Member Coleman made a motion to pas this bill,
seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes.
RESOLUTIONS
RESOLUTION NO. 21ob-94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3603 PROGRESS TO BE
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR
PERSONAL PROPERTY TAX ABATEMENT FOR AUTOMATIC TECHNOLOGIES,
INC
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 3603
Progress, South Bend IN, and which is particularly described as follows:
A tract or parcel of land located in the Southwest Quarter of the Northeast
Quarter of Section 33, Township 38 North, Range 2 East, more particularly
described as follows: Beginning at a point which is One Hundred Ninety -five and
Eighteen Hundredths (195.18) feet North and Eight Hundred Fifty -five and Fifty -
four Hundredths (855.54) feet Easterly of the center of said Section 33, said
point being on the Northline of Progress Drive; thence North 0 °19' 51" East a
distance of Four Hundred Sixty -eight and Seventy -three Hundredths (468.73) feet
to the South line of the St. Joseph County Airport; thence South 890 59' 38"
east on and along the South line of said St. Joseph County Airport a distance of
Four Hundred Thirty -nine and Ten Hundredths (439.10) feet;t thence South 00 18'
51" West a distance of Four Hundred Seventy and Sixty -five Hundredths (470.65)
feet to the North line of Progress Drive; thence North 8P 40' 09" West a
distance of Four Hundred Thirty -nine and Seventy -one Hundredths (439.71) feet to
the point of beginning.
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
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 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 /Ann Puzzello
Member of the Common Council
A public hearing was held on the resolution at this time. Paul Frushour, Assistant
Controller, made the presentation for the resolution. He indicated the company
planned to purchase manufacturing equipment in the amount of $2,900,000 which is
needed to keep them competitive with their customer base. He indicated this will
allow them to maintain their current employment, and in the future increase their
employment. Tom Burnette, 1216 King St., spoke against the abatement. Council
Member Coleman made a motion to adopt this resolution, seconded by Council Member
Zakrzewski. The resolution was adopted by a roll call vote of nine ayes.
RESOLUTION NO. 2101 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS 210 S. MICHIGAN TO BE
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10)
YEAR REAL PROPERTY TAX ABATEMENT FOR ONE PLAZA PLACE
ASSOCIATES.
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 210 South
Michigan, South Bend IN, and which is particularly described as follows:
Part of Lots 57 and 58, original plat of South Bend, St. Joseph County, Indiana,
described as follows:
Commencing at the Northwest corner of Lot 58; thence South 00 °31' 55" East on
the West line of said Lot 58, a distance of 44.98 feet to the point of
beginning; thence North 8P 38' 45" East parallel to the Northline of said Lot
58, a distance of 32.43 feet; thence North 000 31' 55" West parallel to the West
line of Lots 57 and 58, a distance of 6.98 feet; thence North 890 38' 45" East
parallel to the North line of said Lot 58, a distance of 2.00 feet; thence North
45° 19' 29" East, a distance of 21.735 feet; thence South 460 01' 59" East, a
distance of 21.735 feet; thence North 890 38' 45" East parallel to the North
line of said Lot 58, a distance of 2.00 feet; thence South 00° 31' 55" East
parallel to the West line of said lots 56 and 58, a distance of 6.98 feet;
thence North 890 38' 45" East parallel to the North line of said Lot 58, a
distance of 36.10 feet; thence South 00 °31' 55" East parallel to the West line
of said Lots 57 and 58, a distance of 47.35 feet; thence South 890 38' 45" West
parallel to the North line of said Lot 58, a distance of 4.32 feet; thence South
O(P 31' 55" East parallel to the West line of said lots 57 and 58, a distance of
6.695 feet;t hence South 89P 37' 35" West parallel to the South line of said Lot
57, a distance of 6.31 feet;thence South 00c)311 55" East parallel to the West
line of said Lots 57 and 58, a distance of 0.755 feet; thence South 890 37' 35"
West parallel to the South line of said Lot 57, a distance of 93.00 feet to the
West line of said lot 57; thence North 000 31' 55" West on the West line of said
Lots 57 and 58, a distance of 54.83 feet to the point of beginning.
and which has Key Number 18 3003 0046 be designated as an Economic
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
�+��*rr ro nrtrrmTrar_ FEBRUARY 28, 1994
to two (2) calendar years from the date of adoption of the Declaratory Resolution by
the Common Council.
SECTION II. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of ten (10)
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 /Ann Puzzello
Member of the Common Council
A public hearing was held on the resolution at this time. Charles Rice, attorney,
made the presentation for the bill. He indicated they planned to extensively
renovate this building for rental to tenants. Thomas Burnette, 1206 King, spoke
against this abatement. Council Member Zakrzewski made a motion to adopt this
resolution, seconded by Council Member Ladewski. The motion carried on a roll call
vote of nine ayes.
RESOLUTION NO. 2002 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 34 CROSSROADS
INDUSTRIAL COMPLEX TO BE AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR
M/W PARTNERSHIP.
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 Lot *4
Crossroads Industrial Complex, South Bend IN, and which is particularly described as
follows:
Lot Numbered Four (4) as shown on the recorded Plat of Crossroads Industrial Complex
Phase II, Section One, recorded in the Office of the Recorder of St. Joseph County,
Indiana, as Instrument No. 9201847.
with said real estate having the following Key No. 25- 1018 - 061610 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
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 designatinc
The area described herein as an Economic Revitalization Area for the purposes of ta),
abatement. Such designation is for Real property tax abatement only and is limiter
to two (2) calendar years from the date of adoption of the Declaratory Resolution bl
the Common Council.
SECTION II. The Common Council hereby determines that the property owner i;
qualified for and is granted Real property tax deduction for a period of six (6;
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 it:
adoption by the Common Council and approval by the Mayor.
/s /Ann Puzzello
Member of the Common Qouncil
A public hearing was held on the resolution at this time. Bob Wozny, President, mad
the presentation for the resolution. He indicated they proposed to construct
building, that would allow the company growth in the sales and employee base
allowing them to be more competitive in their market. Thomas Burnette, 1216 King
spoke against this tax abatement. Council Member Kelly made a motion to adopt thi
resolution, seconded by Council Member Washington. The resolution was adopted by
roll call vote of nine ayes.
RESOLUTION NO. 2004-94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH ]
DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH
COMMONLY KNOWN AS 3600 MCGILL AN ECONOMIC REVITALIZN
AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT
MIDWEST EMBROIDERY, INC.
WHEREAS, a petition for personal property tax abatement consideration has
filed with the Common Council of the City of South Bend, requesting that the
commonly known as 3600 McGill, South Bend, Indiana, and which is more particularly
described as follows:
A part of the northeast quarter (NE 1/4) of Section 28, Township 38 North, Range
2 East, City of South Bend, St. Joseph County, Indiana, described as follows:
Commencing at the Northeast corner of said Section 28, thence South 89P 48105"
West (the bearing of the South line of the Southeast Quarter (SE 1/4) of Section
28 is assumed North 9Q' 00' 00" West) a distance of 1305.00 feet along the North
boundary of said Northeast Quarter (NE 1/4) to the centerline intersection of
Cleveland Road and Kenmore Street; thence South 000 00' 23" West a distance of
363.70 feet to a cross cut in the pavement: thence South 09P 59' 37" East a
distance of 531.87 feet to a cross cut in the centerline of Kenmore Street;
thence South 800 00' 23" West a distance of 40.00 feet to a 1/2 inch iron rebar;
thence North 54° 59' 34" West a distance of 14.14 feet; thence South 800 20'
03 "West and a length of 90.15 feet to the point of beginning; thence South 000
00' 23" West a distance of 382.35 feet; thence North 89 °59' 37" West 352.17
feet; thence Northeasterly a distance of 43.47 feet along a segment of a curve
to the left, having a radius of 50.00 feet, subtended by a chord, having a
bearing of North 58' 12' 33" East and a length of 42.11 feet; thence
Northeasterly a distance of 26.65 feet along a segment of a curve to the right,
having a radius of 67.50 feet, subtended by a chord, having a bearing of North
4e 41' 25" East a length of 26.65 feet, thence South 890 59' 37" East a
distance of 49.04 feet; thence northeasterly a distance of 249.28 feet along a
curve to the left, having a radius of 1944.86 feet, subtended by a chord, having
a bearing of North 860 20' 07 East and a length of 249.11 feet to the point of
beginning.
and this property has Key Number 25 1010 038510 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 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 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 pursuant to Indiana
Code 6 -1.1- 1271 -4.5, that:
(a) the estimate of the cost of the new manufacturing equipment is reasonable
for equipment of that type;
(b) the estimate of the number of individuals that will be employed or whose
employment will be retained by the Petitioner can be reasonably expected to
result from the proposed installation of new manufacturing equipment;
(c) the estimate of the annual salaries of those individuals who will be
employed or whose employment will be retained can be reasonably expected to
result from the proposed installation of new equipment;
(d) any other benefits about which information was requested are benefits that
can be reasonably expected to result from the proposed installation of new
manufacturing equipment; and
(e) the totality of benefits is sufficient to justify the deduction requested.
SECTION II. The Common Council hereby determines and finds that the proposed
new manufacturing equipment can be reasonably expected to yield the benefits
identified in the State of Benefits as set forth in Section 1 through 3 of the
Petition for Personal Property Tax Abatement Consideration and that the Statement of
Benefits form completed by the Petitioner, said form being prescribed by the State
Board of Accounts, are sufficient to justify the deduction granted under Indiana Code
6 -1.1- 12.1 -4.5.
SECTION III. The Common Council hereby accepts the report and recommendation of
the Department of Economic Development, and the Human Resources and Economic
Development Committee's favorable recommendation, that the area herein described be
designated as Economic Revitalization Area for purposes of personal property tax
deduction for a period of five (5) years.
SECTION IV. The Common Council determines that such designation is for personal
property tax abatement only and shall be limited to two (2) calendar years from the
date of the adoption of this Resolution by the Common Council.
SECTION V. The Common Council hereby determines that the property owner is
qualified for and is granted property tax deduction for a period of five (5) years.
SECTION VI. The Common Council directs the City Clerk to cause notice of the
adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3-
MJ
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/ Ann Puzzello
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. David St. Clair, Vice President, made
the presentation for the resolution. He indicated they planned to purchase new
machinery in order to be competitive in their field. He indicated they will be able
to add 21 employees, to their existing 92. Council Member Zakrzewski made a motion
to adopt this resolution, seconded by Council Member Washington. The motion carried
on a roll call vote of nine ayes.
BILLS, FIRST READING
BILL NO. 15 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING THE SALE OF PARK PROPERTY.
This bill had first reading. Council Member Luecke made a motion to set this bill
for public hearing and third reading on March 14, and refer it to the Parks and
Recreation Department, seconded by Council Member Coleman. The motion carried.
BILL NO. 16 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 6, ARTICLE 8, SECTION 6 -37 OF THE SOUTH BEND
MUNICIPAL CODE ADOPTING BY REFERENCE THE BOCA NATIONAL PROPERTY
MAINTENANCE CODE /1993, THE MINIMUM MAINTENANCE STANDARDS, AND THE
PRESERVATION STANDARDS FOR HISTORIC LANDMARKS IN SOUTH BEND AND ST.
JOSEPH COUNTY.
This bill had first reading. Council Member Coleman made a motion to set this bill
for public hearing and third reading on March 14, and refer it to the Public Works
and Vacation Committee, seconded by Council Member Ladewski. The motion carried.
UNFINISHED BUSINESS
Council Member Coleman made a motion to set Bill No. 1 -94 for public hearing and
third reading on February 28, and refer it to the Zoning and Annexation Committee,
seconded by Council Member Luecke. The motion carried.
PRIVILEGE OF THE FLOOR
Joyce Boaler, 1606 Hillsdale, indicated that the bonds will be passed, and it does
not count that it will be a financial disaster.
Mike Waite, 1319 Randolph, complimented the Street Department for snow removal, and
spoke against the Hall of Fame.
Jim Cierzniak, 1156 Victoria, spoke against the Hall of fame.
Dave Varner, 18132 Ireland, spoke against annexation. He indicated people should be
offered a good reason to become a part of the City.
Thomas Burnette, 1216 King St., spoke against the way the City is being operated.
There being no further business to come before the Council unfinished or new, Council
Member Ladewski made a motion to adjourn, seconded by Council Member Coleman. The
motion carried and the meeting was adjourned at 9:28 p.m.
ATTEST:
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City Clerk