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HomeMy WebLinkAbout06-13-94 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, June 13, 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 Washington, Luecke, 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 May 23 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Ann Puzzello /s/ Eugene Ladewski Council Member Coleman made a motion that the minutes of the May 23, 1994, meeting be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Since our last meeting, Charles Martin, a community leader, passed away. He will be greatly missed in South Bend as well as the entire Michiana area. Council President Puzzello reported there was an opening for a republican appointment to the TRANSPO Board. She indicated anyone interested should send a letter to her, and they will be contacted regarding an interview. REPORTS OF CITY OFFICES Jon Williams, Events Supervisor for Community Affairs, made a report on the Ethnic Festival. He indicated that since 1974 the Festival has been a highlight of the 4th of July weekend. Jon extended his sincere thanks to the various City departments involved in this event. Council Member Luecke made a motion to resolve into the Committee of the Whole, seconded by Council Member Washington. 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 June 13, at 7:12 p.m., with nine members present. Council Member Kelly presiding. BILL NO. 49 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF E. PLEASANT ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. TWENTY- SEVENTH ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING NORTH -SOUTH ALLEY EAST OF S. TWENTY - SEVENTH ST. FOR A DISTANCE OF APPROXIMATELY 155 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART LOCATED IN TWIN CITY REALTY SUBDIVISION OF LOT C 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 Luecke reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable, if the neighborhood dispute had been resolved. Larry Prout, the petitioner, indicated the dispute had been resolved. Juanita Muhammed, daughter of Maria Vega, 1214 S. 27th, indicated they had agreed to split the alley east - west instead of north - south. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas made a motion to continue Bill nos. 90 -93, 42 -93, 43 -94, 46- 94, 57 -94, 58 -94 until June 27, seconded by Council Member Coleman. The motion carried. BILL NO. 90 -93 A BILL AMENDING CHAPTER 21, ARTICLE 6.5, SECTION 21 -117.2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED HISTORIC PRESERVATION COMMISSION. BILL NO. 42 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1112, 1118, 1122 IRONWOOD DRIVE IN THE CITY OF SOUTH BEND, INDIANA, 46615. BILL NO. 43-94A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 141 E. IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA. BILL NO. 46 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3445 LINCOLN WAY WEST IN THE CITY OF SOUTH BEND, INDIANA. -94 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 "BP" BUSINESS PARK DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS. A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING TO AND MAKING CERTAIN OTHER REVISIONS TO THE ZONING ORDINANCE. it Member Luecke made a motion to rise and report to the Council, seconded by it Member Washington. The motion carried. ty Clerk ATTEST: Chairman it remembered that the Common Council of "the City of South Bend reconvened in the acil Chamber on the fourth floor of the County -City Building at 7:15 p.m., with acil President Puzzello presiding, and nine members present. -94 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF E. PLEASANT ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. TWENTY- SEVENTH ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING NORTH -SOUTH ALLEY EAST OF S. TWENTY- SEVENTH ST. FOR A DISTANCE OF APPROXIMATELY 155 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART LOCATED IN TWIN CITY REALTY SUBDIVISION OF LOT C IN THE CITY OF SOUTH BEND, INDIANA. bill had third reading. Council Member Kelly made a motion to pass this bill, ded by Council Member Slavinskas. The bill passed by a roll call vote of nine A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS TOLL ROAD INDUSTRIAL PARK, LOT 15 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR MIDWEST EMBROIDERY DEVELOPERS LIMITED PARTNERSHIP. EREAS, the Common Council of the City of South Bend, Indiana, has adopted a claratory Resolution designating certain areas within the City as Economic vitalization Areas for the purpose of tax abatement consideration; and EREAS, a Declaratory Resolution designated the area commonly known as Toll Road dustrial Park, Lot 15, South Bend IN, and which is particularly described as follows: Toll Road Industrial Park, Section 6, Lot 15 th said real estate having the following Key No. 25- 10123.02 an Economic vitalization Area; and , notice of the adoption of a Declaratory Resolution and the public hearing the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and EAS, the Council held a public hearing for the purposes of hearing all remonstrances objections from interested persons; and EAS, the Council has determined that the qualifications for an economic talization area have been met. , THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, follows: ION I. The Common Council hereby confirms its Declaratory Resolution designating area described herein as an Economic Revitalization Area for the purposes of tax ement. Such designation is for Real property tax abatement only and is limited to (2) calendar years from the date of adoption of the Declaratory Resolution by the on Council. ION II. The Common Council hereby determines that the property owner is qualified and is granted Real property tax deduction for a period of ten (10) years, and her determines that the petition complies with Chapter 2, Article 6, of the cipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seg. N III. This Resolution shall be in full force and effect from and after its on by the Common Council and approval by the Mayor. /s /Ann Puzzello REGULAR MEETING JUNE 13, 199Y 1 Member of the Common Council A public hearing was held on the resolution at this time. Joseph Piscione, Controller of Midwest Embroidery, made the presentation for the resolution. He indicated they planned to expand their facilities, thereby maintaining 92 existing positions and adding fifteen new positions to their payroll. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2137 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 421 S. MAIN AND 201 W. MONROE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR THE PRIEMER /MCCALLUM PROJECT. 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 421 S. Main and 201 W. Monroe, South Bend IN, and which is particularly described as follows: 52 1/2 feet by 110 feet, southeast part of lot 42, martin's addition with said real estate having the following Key No. 1830150574 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. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. 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. Mr. McCallum, a petitioner, made the presentation for the resolution. He indicated they intended to renovate the interior and exterior of the former White Radiator Company, at a cost of approximately $120,000. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2138 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 802 S. FELLOWS TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR FORTUNA LAND 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 802 S. Fellows, South Bend IN, and which is particularly described as follows: LOTS 156 THROUGH 167 EX NE COR LOT 161 AND VACATED ALLEYS E H RUSHES SECOND ADD KNOWN AS PARCEL #12 MONROE /SAMPLE REDEVELOPMENT AREA. with said real estate having the following Key No. 18 3092 150574 an Economic 10101*0Q1E1 talization Area; and JUNE 13, 199V EREAS, notice of the adoption of a Declaratory Resolution and the public hearing fore the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and EAS, the Council held a public hearing for the purposes of hearing all remonstrances objections from interested persons; and EAS, the Council has determined that the qualifications for an economic talization area have been met. , THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, follows: ION I. The Common Council hereby confirms its Declaratory Resolution designating area described herein as an Economic Revitalization Area for the purposes of tax ement. Such designation is for Real property tax abatement only and is limited to (2) calendar years from the date of adoption of the Declaratory Resolution by the on Council. ION II. The Common Council hereby determines that the property owner is qualified and is granted Real property tax deduction for a period of three (3) years, and her determines that the petition complies with Chapter 2, Article 6, of the cipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. N III. This Resolution shall be in full force and effect from and after its on by the Common Council and approval by the Mayor. /s /Ann Puzzello Member of the Common Council public hearing was held on the resolution at this time. Anthony Fortuna, President Harbor Metal made the presentation for the bill. He indicated they planned to expand .eir facility in order to increase production. Council Member Coleman made a motion adopt this resolution, seconded by Council Member Kelly. The resolution was adopted a roll call vote of nine ayes. -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 802 S. FELLOWS TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HARBOR METAL TREATING OF INDIANA, INC. REAS, the Common Council of the City of South Bend, Indiana, has adopted a laratory Resolution designating certain areas within the City as Economic italization Areas for the purpose of tax abatement consideration; and REAS, a Declaratory Resolution designated the area commonly known as 802 S. Fellows, th Bend IN, and which is particularly described as follows: S 156 THROUGH 167 EX NE COR LOT 161 AND VACATED ALLEYS E H RUSHES SECOND ADD KNOWN PARCEL #12 MONROE /SAMPLE REDEVELOPMENT AREA. th said real estate having the following Key No. 18 3092 150574 an Economic vitalization Area; and , notice of the adoption of a Declaratory Resolution and the public hearing the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and EAS, the Council held a public hearing for the purposes of hearing all remonstrances objections from interested persons; and EAS, the Council has determined that the qualifications for an economic talization area have been met. , THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, follows: TION I. The Common Council hereby confirms its Declaratory Resolution designating area described herein as an Economic Revitalization Area for the purposes of tax tement. Such designation is for Personal property tax abatement only and is limited two (2) calendar years from the date of adoption of the Declaratory Resolution by the mon Council. CTION II. The Common Council hereby determines that the property owner is qualified r and is granted Personal property tax deduction for a period of five (5) years, and rther determines that the petition complies with Chapter 2, Article 6, of the nicipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. REGULAR MEETING JUNE 13, 1991 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. Anthony Fortuna, President of Harbor Metal made the presentation for the bill. He indicated they planned to purchase new equipment in conjunction with their expansion. 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. 2140 -94 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 814 S. MAIN STREET, SOUTH BEND, INDIANA 46601, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, INC. BUILDING EXPANSION. 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 814 S. Main Street, South Bend, Indian, and which is more particularly described as follows: PARCEL A That part of the Southwest quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, which is described as Lot #259 and the north 30 ft. of lot #260 together with the west half of a vacated alley adjacent to said portion of lot #260 within the recorded plat of "Daniel Garst's Subdivision of a part of his 1st Addition of South Bend City, now within and a part of the City of South Bend" and being more particularly described as: Beginning at a point of intersection of the South right -of -way line of Tutt Street and the East right -of -way line of Main Street said point also being the Northwest corner of Lot 259 as shown on the Plat of "Daniel Garst's Subdivison of a part of his 1st Addition of South Bend, City, now within and a part of the City of South Bend" as Recorded' thence N89 degrees 48' 24" E. along said South right - of -way line, 140.10 (record 138.5') to the Northeast Corner of said Lot 259; thence S. 00 degrees 16' 35" E. along said East Lot line 64.41 Ft. (Record 64.0 ft.) to the Southeast Corner of said Lot 259; thence N. 89 degrees 47' 48 E., 6.00 ft.; thence S. 00 degrees 16' 35" E., 30.19 Ft. (Record 30.0 ft.); thence S. 89 degrees 47' 34" W., 145.77 ft. to the right -of -way line of Main Street; thence N 00 degrees 28' 33" W along said East line, 94.66 ft. to the Point of Beginning. Containing 0.3082 acres or 13,423 square feet. Subject to all legal highways, easements and restrictions of record. and which has Key Number 18 8042 1630 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. PARCEL B All lots numbered Two Hundred Eleven (211) and Two Hundred Twelve (212) as shown on the recorded Plat of Daniel Garst's 1st addition to the South Bend City, now within and part of the City of South Bend. and which has Key.Number 18 8042 1631 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. OEGULAR MEETING I JUNE 13, 199Y 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. G. That the area is located in an Economic Development Target Area designated as such under Indiana Code 6 -1.1- 12.1 -7. TION III. The Common Council hereby determines and finds that the proposed described .evelopment or rehabilitation can be reasonably expected to yield benefits identified the Statement of Benefits set forth as Sections I through II of the Petition for Real perty Tax Abatement Consideration and that the Statement of Benefits form prescribed the State Board of Accounts are sufficient to justify the deduction granted under .iana Code 6 -1.1- 12.1 -3. CTION IV. The Common Council hereby accepts the report and recommendation of the man Resources and Economic Development Committee that the area herein described be signated an Economic Revitalization Area and hereby adopts a Resolution designating is area as an Economic Revitalization Area for purposes of real property tax ECTION 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 ouncil. ION VI. The Common Council hereby determines that the property owner is qualified and is granted property tax deduction for a period of ten (10) years. :TION VII. The Common Council directs the City Clerk to cause notice of the adoption this Declaratory Resolution for Real Property Tax Abatement to be published pursuant Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice the public hearing before the Common Council on the proposed confirming of said :laration. DN VIII. This Resolution shall be in full force and effect from and after its ion by the Common Council and approval by the Mayor. /s/ Ann Puzzllo Member of the Common Council public hearing was held on the resolution at this time. Council Member Kelly reported eat the Community and Economic Development Committee had met on this bill and :commended it to the Council favorable. Stan Blenke, vice president of Schafer, made �e presentation for the bill. He indicated they planned to construct an addition to Leir present facility that will consist of manufacturing space and new loading docks. indicated fifteen new jobs will be created. Council Member Kelly made a motion to .opt this resolution, seconded by Council Member Coleman. The resolution was adopted a roll call vote of nine ayes. -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN A 1530 SOUTH OLIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR CON -WAY CENTRAL EXPRESS. WHEREAS, a petition for real property tax abatement has been filed with the City lerk for consideration by the Common Council of the City of South Bend, Indiana equesting that the area commonly known as 1530 S. Olive, South Bend, Indian, and which s more particularly described as follows: 1. 1145.63' x 339.41' 2. BEG E LN OLIVE ST. end which has Key Number 18 8075 4102 be designated as an Economic Revitalization Area ender 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 REGULAR MEETING JUNE 13, 199f 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. 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. G. That the area is located in an Economic Development Target Area designated as such under Indiana Code 6 -1.1- 12.1 -7. 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 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/ 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. Gregory Monticciolo, Service Center Manager, made the presentation for the resolution. He indicated the company projects growth of 30 percent within the next year and estimates they will double their growth in the next five years. He indicated they presently have a 40 door terminal and propose to expand it to a 103 door terminal, and add 15 people to the payroll this year. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Coleman. The �EGULAR MEETING JUNE 13, 1991 lution was adopted by a roll call vote of nine ayes. 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 4, TOLL ROAD INDUSTRIAL PARK, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR RICK E. AND VICKIE D. NEWMAN (DBA: CRYSTAL MOUNTAIN, INC.) WHEREAS, a petition for real property tax abatement has been filed with the City lerk for consideration by the Common Council of the City of South Bend, Indiana equesting that the area commonly known as Lot 4, Toll Road Industrial Park, South Bend, ndian, and which is more particularly described as follows: That part of the northeast Quarter of Section 21, T. 38 N., R. 2 E., German Township, City of South Bend, St. Joseph County, Indiana which is described as: beginning at a point on the East line of said nd which has Key Number 25 1013 0216 be designated as an Economic Revitalization Area nder the provisions of Indiana Code 6 -1.1- 12.1 -1 et. seq. and South Bend Municipal Code ections 2 -76 Et Seq. Whereas, the Department of Economic Development has concluded an investigation and )repared a report with information sufficient for the Common Council to determine that -he area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, at seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared naps and plats showing the boundaries and such other information regarding the area in ;uestion as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common :ouncil has reviewed said report and recommended to the Common Council that the area ;ualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, .ndiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for teal Property Tax Abatement and the Statement of Benefits form completed by the 'etitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies ender the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for :ax abatement. 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. G. That the area is located in an Economic Development Target Area designated as such under Indiana Code 6 -1.1- 12.1 -7. ;ECTION III. The Common Council hereby determines and finds that the proposed described 7edevelopment or rehabilitation can be reasonably expected to yield benefits identified .n the Statement of Benefits set forth as Sections I through II of the Petition for Real Iroperty Tax Abatement Consideration and that the Statement of Benefits form prescribed iy the State Board of Accounts are sufficient to justify the deduction granted under ndiana Code 6 -1.1- 12.1 -3. ECTION IV. The Common Council hereby accepts the report and recommendation of the uman Resources and Economic Development Committee that the area herein described be esignated an Economic Revitalization Area and hereby adopts a Resolution designating his area as an Economic Revitalization Area for purposes of real property tax batement. ECTION 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 ouncil. The Common Council hereby determines that the property owner is qualified REGULAR MEETING JUNE 13, 1991 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/ 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. Rick Newman, petitioner, made the presentation for the resolution. He indicated they planned to construct a warehouse and production facility in the Toll Road Industrial Park for processing drinking, distilled and flavored water. He indicated this project will retain 30 existing jobs, and create six new jobs within the first year. Council Member Slavinskas 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 94 -58 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF A SCRAP METAL /JUNK DEALERS /RECYCLING OPERATIONS AND TRANSFER STATION LICENSE FOR THE CALENDAR YEAR 1994. A public hearing was held on the resolution at this time. Council Member Luecke reported that the Public Works and Property Vacation Committee had met on this bill and recommended it unfavorable to the Council. Kathy Dempsey, Director of Code Enforcement, reported that the property at 307 W. Calvert had received favorable recommendations from the various City departments. Steve Cupery, 25858 North Park Avenue, Elkhart, made the presentation for the bill. He indicated the property on West Calvert had been used as a scrap yard for many years by South Bend Auto parts, but has not been licensed since 1987. He indicated the property had been cleaned up and fencing installed at a total cost of $36,000, in order to open a scrap yard at this location. He indicated he had received a letter from Mary Mueller, Asst. City Attorney, to the effect that the lot would be considered grandfathered, if it met specifications. He indicated they had done everything required to get a license. Jim Masters, attorney for the petitioner, indicated his client had relied on the legal opinion given by Ms. Mueller, and otherwise he would not have expended the work and money. Denny Phipps, 58211 Lowell St., Elkhart, spoke in favor of the resolution. Fred Dittman, 2111 Gertrude; Don Nowicki, 2211 S. William; Phillip Smith, 401 Rupel, North Liberty; Ann Critchlow, 708 W. Calvert; Roger Voelker, 1713 Franklin St.; Shirley Fulton, 1628 S. Carlisle; spoke against this resolution. The Council attorney, Kathleen Cekanski - Farrand, noted the ordinance in question was passed in 1979 not 1980 as reported by Mr. Masters. She indicated she was the presentor in 1979 and the intent of the ordinance was to establish a separate higher standard for those scrap yards not in continual operation. Council Member Zakrzewski indicated there were no assurances the Council would agree with Ms. Mueller's advice, and the Council grants the licenses. Council Member Zakrzewski made a motion to defeat the bill, seconded by Council Member Kelly. The motion carried on a roll call vote of eight ayes and one nay (Council Member Coleman.) BILLS. FIRST READING BILL NO. 60 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING A HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 219/221 N. MICHIGAN 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 Coleman. The motion carried. BILL NO. 61 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING A HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3418 MISHAWAKA AVENUE, 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 Zakrzewski. The motion carried. BILL NO. 62 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING A HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 237 N. MICHIGAN 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 Duda. The motion carried. BILL NO. 63 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 215 E. IRELAND RD., IN THE CITY OF SOUTH BEND, INDIANA. MEETING JUNE 13, 199f s bill had first reading. Council Member Coleman made a motion to refer this bill Area Plan, seconded by Council Member Duda. The motion carried. e being no further business to come before the Council unfinished or new, Council er Coleman made a motion to adjourn, seconded by Council Member Ladewski. The on carried. The meeting was adjourned at 9:37 p.m. ST: ATTEST: ity Clerk J��ent