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HomeMy WebLinkAbout10-24-94 Council Meeting MinutesREGULAR MEETING OCTOBER 24, 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, October 24, 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, Slavinskas, Puzzello, 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 October 10, 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 October 10, 1994, meeting be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Council President Puzzello announced there will be one Council meeting in December and it will be held on December 19. CITY REPORTS Don Fozo, Building Superintendent, gave a report on his department. He indicated that since the City and County consolidated into one department they have had an increase in revenue, and now have a profit balance of $89,500. He indicated they were now considering licensing plumbing contractors. He indicated at the present time they have 782 general contractors, 152 heating contractors and 237 electrical contractors licensed. Council Member Luecke made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. 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 at 7:15 p.m., with nine members present. Chairman Kelly presiding. BILL NO. 93 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING WEST OLD CLEVELAND ROAD, FROM THE WEST RIGHT -OF -WAY LINE OF NORTH MAYFLOWER ROAD, EAST FOR A DISTANCE OF APPROXIMATELY 2631.17 FEET AND A WIDTH OF APPROXIMATELY 40 FEET, TO THE EAST LINE OF SECTION 20, TOWNSHIP 38 NORTH, RANGE 2 EAST 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. James Riggs, project manager for Airport 2010, made the presentation for the bill. He indicated he was representing the City and the Airport authority. He indicated this section of Cleveland Road is no longer in use and the Airport Authority would like to have it vacation so it could be used to extend the North /South runway. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 90 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE OBJECT IN -SITU LOCATED IN THE PUBLIC RIGHT OF WAY AT THE CORNER OF NILES AVENUE AND LEEPER 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 Oxian, President of the Historic Preservation Commission, made the presentation for the bill. He indicated the Commission wants to declare this lamp post located in the tree lawn at the northeast corner of Niles Avenue and Leeper Avenue. This is the earliest type of light fixture installed in South Bend, and there are not too many of these left, as well as the fact that it was manufactured in South Bend. He indicated they wanted to preserve this fixture located in Harter Heights. Ed Tally 1081 Riverside, spoke in favor of this designation. Council Member Duda asked who would be responsible for maintaining this landmark. Mr. Oxian indicated that the Commission would oversee the light and I &M will maintain it. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 92 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $111,444.00 FROM PROJECT RELEAF REGULAR MEETING OCTOBER 24, 1994 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 reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Gretchen Boland, fiscal officer for the Department of Public Works, made the presentation for the bill. She indicated these were the projected expenses for the leaf pickup, which will cover each section of the City at least three times. Joyce Boaler, Hillsdale Street, asked that the program start a week earlier. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 96 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 2 -125 ENTITLED OPERATION SAFE NEIGHBORHOODS PROGRAM 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 Ladewski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Ladewski reported that the Public Safety Committee had met on this bill and recommended it to the Council favorable. Council Member Ladewski made the presentation for the bill. He indicated this bill was in the formative stages for months. He indicated it was initially presented to the FOP when we had wage negotiations and at that time they agreed to present this to their membership. He indicated the requirements required a full -time sworn officer, who must purchase or rent within an Operation Safe Neighborhood and remain for at least one year. Chief Marciniak indicated there are approximately 29 officers who reside in these areas, and this bill would encourage them to remain in the area. Joyce Boaler, Hillsdale Street, asked about protection for the officers and their families. Ed Talley, 1081 Riverside Dr., indicated this program should closely align itself with the take home cars. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, as amended, seconded by Coleman. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council member Coleman. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: Cli6irman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:45 p.m. Council President Puzzello presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8543 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING WEST OLD CLEVELAND ROAD, FROM THE WEST RIGHT -OF -WAY LINE OF NORTH MAYFLOWER ROAD, EAST FOR A DISTANCE OF APPROXIMATELY 2631.17 FEET AND A WIDTH OF APPROXIMATELY 40 FEET, TO THE EAST LINE OF SECTION 20, TOWNSHIP 38 NORTH, RANGE 2 EAST This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8544 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE OBJECT IN -SITU LOCATED IN THE PUBLIC RIGHT OF WAY AT THE CORNER OF NILES AVENUE AND LEEPER AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8545 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $111,444.00 FROM PROJECT RELEAF This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8546 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 2 -125 ENTITLED OPERATION SAFE NEIGHBORHOODS PROGRAM 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 ZakrzeWski. The motion carried. Council Member Coleman made a motion to pass this bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. MEETING OCTOBER 24, 1994 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1145 -1305 PRAIRIE AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND SCRAP AND PROCESSING DIVISION. EAS, 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 HEREAS, a Declaratory Resolution designated the area commonly known as 1145 -1305 rairie, South Bend IN, and which is particularly described as follows: parcel of land being a part of the North Half of Section 14, Township 37 North, ange 2 East, in Portage Township, City of South Bend, St. Joseph County, Indiana, nd being more particularly described as follows, viz: eginning at the intersection of the South line of Garst Street with the westerly Line of Prairie Avenue in said City; said intersection being the most northeasterly orner of a parcel of land quit - claimed to the Metal Resources Corporation by Penn entral Corporation in document numbered 8103153 in the office of the Recorder of St. oseph County, Indiana, thence North 89 degrees 46' 31" West, along the south line of arst Street and said South line projected, said line being a northerly line of said uit- claimed parcel, a distance of 582.58 feet to the East line of the Northwest uarter of said Section 14; thence North 89 degrees 58' 10" West, along the northerly ine of said Quit - claimed parcel a distance of 504.59 feet to the most northeasterly orner of a parcel of land deeded to Metal Resources Corporation by Albert Davidson n document numbered 8101507 in said Recorder's office; thence continuing North 89 egrees 58' 10" West, along the northerly line of said Davidson parcel a distance of 01.61 feet; thence South 67 degrees 39' 57" West, along the northwesterly line of aid Davidson parcel, a distance of 330.91 feet; thence South 0 degrees 07' 28" west, long the westerly line of said Davidson parcel, a distance of 1108.76 feet to a ortherly corner of a parcel of land deeded to Shirley R. Steinmetz, et al, in ocument numbered 7903987 in said Recorder's Office, said corner being the point of angency of a curve concave northwesterly, said curve having a radius of 272.37 feet nd being subtended by a chord of 316.13 feet which bears South 35 degrees 35' 57" est, said curve being the most westerly boundary of said Steinmetz parcel; thence outhwesterly, along said curve along and arc of 337.27 feet; thence for the next six ourses along the southerly and easterly lines of said Steinmetz parcel, North 76 egrees 40' 03" East, along a non - tangent line, a distance of 175.60 feet to a point f curve; thence along a curve to the right, an arc distance of 170.42 feet, said urve having a radius of 523.66 feet and being subtended by a chord of 169.67 feet hich bears North 86 degrees 05' 27" East; thence South 84 degrees 35' 10" East, a istance of 56.24 feet to the West line of a tract conveyed to South Bend Tribune orp. by Warranty Deed recorded in Deed Record 823, P. 386 in said Recorder's Office; hence North 0 degrees 43' 50" East, along said West line, a distance of 7.30 feet; hence North 59 degrees 05' 32" East along the northwesterly line of said tract, a istance of 325.48 feet to the most westerly corner of a tract Quit - claimed to ndiana Bell Telephone Co., Inc. in Deed Record 665 P. 463; thence North 28 degrees 8' 14" East, along the northwesterly line of said Indiana Bell parcel, a distance of 28.26 feet; thence North 61 degrees 46' 50" East, a distance of 28.00 feet from the ost southerly corner in Deed Record 665 P. 463; thence North 28 degrees 48' 50" lest, a distance of 309.05 feet, to a point which bears South 61 degrees 46' 50" ast, a distance of 28.00 feet from the most southerly corner of said Penn Central uit -claim parcel described in document numbered 8103153; thence North 28 degrees 15' 1" East, parallel with a southeasterly line of said parcel, a distance of 998.17 eet, to a point on a southerly line of said Penn Central parcel; thence South 89 egrees 58' 10" East, along said southerly line, a distance of 212.73 feet; thence outh 89 degrees 46' 31" East, along a southerly line of said parcel, a distance of 58.69 feet to said westerly line of Prairie Avenue; thence North 28 degrees 06' 58" ast along said westerly line to the point of beginning. ARCEL I: A parcel of land being a part of the North Half of Section 14, Township 37 orth, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana nd being more particularly described as follows: Commencing at the point of ntersection of the Westerly right -of -way line of Prairie Avenue with the South ight -of -way line of Garst Street in said City, said intersection being the most ortheasterly corner of a parcel of land Quit - claimed to Metal Resources Corporation y Penn Central Corporation in Document Numbered 8103153 in the Office of the ecorder of St. Joseph County, Indiana; thence South 28 degrees 06' 58" West, along aid Westerly right -of -way line of Prairie Avenue, a distance of 50.98 feet to a outh line of said Metal Resources parcel; thence North 89 degrees 46' 31" West, long said South line, a distance of 419.21 feet to the place of beginning for this escription; thence South 28 degrees 17' 26" West a distance of 748.79 feet to a oint on a North line of Lot 1 as the same is shown and designated on the Plat of etal Resources Minor Subdivision recorded in said Recorder's Office as Document umber 8511495; thence North 61 degrees 44' 13" West along said North line, a istance of 310.16 feet to and Easterly line of said Lot 1; thence North 28 degrees REGULAR MEETING OCTOBER 24, 1994 15' 41 ", East along said Easterly line, a distance of 582.69 feet to said South line of said parcel Quit - claimed to Metal Resources Corporation, being also the South line of Lot 2 in said Minor Subdivision, thence South 89 degrees 58' 10" East along said South line, a distance of 212.73 feet to its intersection with the East line of the Northwest Quarter of said Section 14; thence South 89 degrees 46' 31" East, along said South line, a distance of 139.48 feet to the place of beginning. PARCEL II. A parcel of land being a part of the North half of Section 14, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows; Commencing at the point of intersection of the Westerly right -of -way line of Prairie Avenue with the South right -of -way line of Garst in said City, said intersection being the most Northeasterly corner of a parcel of land Quit - claimed to Metal Resources Corporation by Penn Central Corporation in Document Numbered 8103153 in the Office of the Recorder of St. Joseph County, Indiana; thence South 28 degrees 06' 58" West, along said Westerly right -of -way line of Prairie Avenue, a distance of 50.99 feet to a South line of said Metal Resources parcel and the place of beginning for this description; thence South 28 degrees 16' 39" West along said Westerly right -of -way line of Prairie Avenue, a distance of 945.84 feet to the Northeast corner of Lot 1 as the same is shown and designated on the plat of Metal Resources Minor Subdivision recorded in said Recorder's Office as Document Number 8511495; thence North -61 degrees 44' 13" West along a Northerly line of said Lot 1, a distance of 370.14 feet; thence North 28 degrees 17' 26" East, a distance of 748 -79 feet to a South line of said Metal Resources parcel; thence South 89 degrees 46' 31" East, along said South line, a distance if 419.21 feet to the place of beginning. EXCEPTING THEREFROM THE FOLLOWING: A parcel of land being a part of the North Half of Section 14, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being more particularly described as follows: Commencing at the point of intersection of the Westerly right -of -way line of Prairie Avenue with the South right -of -way line of Garst Street in said City, said intersection point being the most Northeasterly corner of a parcel of land Quit - claimed to Metal Resources Corporation by Penn Central Corporation in Document No. 8103153 in the office of the Recorder of St. Joseph County, Indiana, thence South 28 degrees 06' 58" West, along said Westerly right -of -way line of Prairie Avenue, a distance of 50.99 feet to a South line of said Metal Resources parcel; thence South 28 degrees 16' 39" West along said westerly right -of -way line, a distance of 700.77 feet to the place of beginning for this description; thence continuing South 28 degrees 16' 39" West along said Westerly right -of -way line, a distance of 220.07 feet to the Northeast corner of a 25.00 foot (by rectilinear measurement) water easement lying North of and adjacent to Lot 1 of Metal Resources Minor Subdivision as the same is shown on the plat thereof, recorded in said Recorder's Office as Instrument No. 8511495, thence North 61 degrees 44' 13" West along the North line of said water easement and parallel with the North line of said Lot 1, a distance of 169.14 feet; thence North 28 degrees 13' 33" East, a distance of 220.07 feet; thence South 61 degrees 44' 13" East, parallel with said North line of Lot 1, a distance of 368.08 feet to the place of beginning. PARCEL III: A non - exclusive easement for ingress and egress over and across Lot 2 shown on the recorded plat of Metal Resources Minor Subdivision, recorded June 13, 1985 as Document Number 8511495 and set out in Deed Record 659, page 281 acknowledged December 28, 1964 and recorded January 13, 1965 and also set out in Deed Record 657, page 131, dated October 13, 1964 and recorded October 28, 1964 all in the Office of the Recorder of St. Joseph County, Indiana. with said real estate having the following Key Nos. 18 8021, 084104, 18 8021 847, 18 8021 084717 and 18 8021 084718. B: 18 8021 084702, 18 8021 084707 and 18 8021 084709, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 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. MEETING OCTOBER 24, 1994 ON III. 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 Puzzello Member of the Common Council his being the time heretofore set for public hearing on the above bill, proponents nd opponents were given an opportunity to be heard. Cary Levin, representative of turgis Iron, made the presentation for the bill. He indicated they wished to urchase two cranes and a wire line in order to remove insulation from copper and luminum wire. Council Member Luecke made a motion to adopt this resolution, econded by Council Member Coleman. The resolution was adopted by a roll call vote f eight ayes and one nay (Council Member Zakrzewski.) NO. 2182 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1701, 1801, 1018, 1819 S. MAIN ST., TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR WELLS ELECTRONICS, 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 HEREAS, a Declaratory Resolution designated the area commonly known as 1801, 1801, 818, 1819 S. Main, South Bend IN, and which is particularly described as follows: EY NUMBER DESCRIPTION 8 8007 0370 LOT 7 & E 1/2 VAC ALLEY & S 1/2 VAC ALLEY ADJ J P CREEDS 2ND 8 8007 0371 8010 0446 8010 0443 8009 043102 8008 037901 8009 0422 LOTS 8- 9 -10 -11 & 1/2 VAC ALLEY CREEDS 234.65 FT OF TAX LOTS S 1577 FT NW ON NORTH LINE LOT 2 PEARLEY LUMBER CO ADD LOT 14 & S 7' VAC ALLEY N & AD STOVER & WITWER ADD LOT 15 & 1/2 VAC ALLEY E & A 1/2 VAC ALLEY N & ADJ STOVER & WITWER ADD SO. 26.97' LOT 9 ALL LOT 10 & 7' VAC ALY S & ADJ PERLEY LUMBER CO PARCEL OF GROUND IN SW 1/4 SEC 13 37 2E BEG ON SO LINE OF INDIANA AV & PENN CENTRAL RR RIGHTAWAY CONT 41,184' +- SO FT ON W SIDE MAIN ST N & ADJ DAYTON ST 13 37 2E LOTS 11 TO 18 INC & 1/2 VAC ALLEY S & ADJ TO LOT PERLEY LUMBER CO 8009 0413 LOT 19 LOT 20 & 1/2 VAC ALLEY PERLEY LBR CO ADD th said real estate having the following key no. (listed above), as 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 S, the Council held a public hearing for the purposes of hearing all trances and objections from interested persons; and EAS, the Council has determined that the qualifications for an economic talization area have been met. OW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, ndiana, as 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 ited to two (2) calendar years from the date of adoption of the Declaratory olution by the Common Council. TION II. The Common Council hereby determines that the property owner is lified for and is granted Personal property tax deduction for a period of five (5) rs, and further determines that the petition complies with Chapter 2, Article 6, the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. ON III. This Resolution shall be in full force and effect from and after its ion by the Common Council and approval by the Mayor. REGULAR MEETING /s /Ann Puzzello Member of the Common Council OCTOBER 24, 1994 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Rick Jones, director of finance, made the presentation for the bill. He indicated this project calls for the installation of over $3 million dollars worth of new manufacturing equipment, in order to improve their manufacturing process and enable them to produce new products. Council Member Kelly 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. 2183 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3707 LATHROP STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR METRO BEVERAGES, 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 3707 Lathrop Street, South Bend IN, and which is particularly described as follows: 445.36' EAST & WEST BY 488.33' NORTH & SOUTH BEGINNING 1878.68' WEST AND 40' NORTH SOUTHEAST CORNER SECTION 28 -38 -2E 5 ACRES BEING LOT 6 -2 AIRPORT INDUSTRIAL PARK PHASE III with said real estate having the following Key No. 25- 1010 - 0400 -14 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 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. Robert Roule, president of Metro Beverages, made the presentation for the resolution. He indicated they planned to construct an addition to their present facility to be used as additional warehousing. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2184 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS LOT 2 TOLL ROAD INDUSTRIAL PARK PHASE TWO, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR TOLL ROAD INDUSTRIAL PARTNERS II L.P. 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 Lot 2 Toll Road Industrial Park Phase Two, South Bend, Indiana, 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 which is S. 88 degrees- 53101" W., 466.92 ft. from a point on the cast line of said section which is S. 01 degrees- 00121" E., 187.15 ft. from the east quarter post of said section; thence S. 88 degrees- 53'01" W., 463.00 ft.; thence N. 00 degrees- 59' -02" W., 480.00 ft.; thence No. 88 degrees - 521-1-" E., 463.00 ft. to the west line of William Richardson Court; thence along said west line and a 60.00 ft. radius curve to the left an arc distance of REGULAR MEETING OCTOBER 24, 1994 81.35 ft. to the end of a chord which bears S. 39 degrees- 48156" E. and having a distance of 75.24 ft.; thence S. 52 degrees- 08" -46" W., 58.98 ft.; thence S. 00 degrees 59102" E., 386.12 ft. to the point of beginning. Containing 5.1378 acres. and which has Key Number 25 1013 0216.08 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. 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. Frank Perri, a project manager for Holladay Corp., made the presentation for the resolution. He indicated they planned to construct a facility at a cost of $3 million dollars, that will serve as a regional distribution center for Tech Data Corporation. He indicated this is an expansion of an existing REGULAR MEETING project in the Toll Road Industrial Park. adopt this resolution, seconded by Council by a roll call vote of nine ayes. BILLS, FIRST READINGS OCTOBER 24, 1994 Council Member Coleman made a motion to Member Kelly. The resolution was adopted BILL NO. 98 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 914 EAST JEFFERSON BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA 46617 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. 99 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 114 NORTH FRANCES 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. 100 -94 A BILL APPROPRIATING $210,700.00 FROM AND AMONG THE LOCAL ROAD AND STREET FUND FOR THE NIMTZ PARKWAY PHASE III AND STREET MAINTENANCE AND REPAIR PROJECTS This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Council Member Luecke made a motion to set Bill Nos. 87, 88, and 89 -94 for public hearing and third reading on November 14, and refer it to the Public Works and Property Vacation Committee, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR Gene oakly, 2614 York Road, indicated the widening of Twyckenham from McKinley to SR23, was a much needed improvement. There being no further business to come before the Council unfinished or new, Council Member Luecke made a motion to adjourn, seconded by Council Member Coleman. The motion carried and the meeting was adjourned at 8:00 p.m. ATTEST: City Clerk ATTEST: ej mm