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HomeMy WebLinkAbout06-08-92 Council Meeting Mniutesp,� REGULAR MEETING JUNE 8, 1992 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, June 8, 1992, 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, Duda, Coleman 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 26, 1992, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Stephen Luecke /s /Loretta Duda Council Member Coleman made a motion that the minutes of the May 26, meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Council President Luecke announced the Council had an appointment to be made to the TRANSPO Board. He said this was a partisan board and this appointment must be a Democrat. He said any one interested in being on the board should submit a letter to the Council 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 Committee of the Whole on June 8, 1992 at Chairman Puzzello presiding BILL NO. 26 -92 of the City of South Bend met in the 7:06 p.m., with nine members present. A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: EAST SORIN STREET WEST OF N. NILES AVENUE; FIRST TWO EAST -WEST ALLEYS SOUTH OF VACATED HAGERTY STREET; AND FIRST NORTH -SOUTH ALLEY WEST OF N. NILES AVENUE AND SOUTH OF VACATED HAGERTY STREET. 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 Vacation Committee had met on this bill and recommended it to the Council favorable, subject to the final amended version. He made a motion to accept the second substitute on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Brian Sauers, attorney, made the presentation for the bill. He indicated Madison Center was requesting this vacation as part of plans for future expansion Council Member Slavinskas made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member 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 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 7:10 p.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8270 -92 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: EAST SORIN ST. WEST OF N. NILES AVE.; NEDDO COURT NORTH OF EAST SORIN STREET TO A POINT APPROXIMATELY 66 FEET SOUTH OF THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY NORTH OF E. SORIN STREET; NEDDO COURT NORTH OF THE FIRST EAST -WEST ALLEY NORTH OF EAST SORIN STREET TO THE SOUTH LINE OF THE NEXT EAST -WEST ALLEY NORTH. REGTTLAR— MFETIPdG �IUNE 8 r x992 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 Duda. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1951 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3333 NORTH KENMORE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR AUCILLA INCORPORATED. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3333 N. Kenmore, South Bend, Indiana, and which is more particularly described as follows: A part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, City of South Bend, St. Joseph, Indiana, described as follows: Commencing at the Northeast corner of said Section 28; thence South 89 °47105" West (the bearing of the south line of the Southeast Quarter of Section 28 is assumed North 9V00100" West) a distance of 1345.00 feet along the north line of said Northeast Quarter; thence South 0 °00123" West a distance of 50.00 feet to the western boundary of Kenmore Street and the point of beginning; thence South 0 °00123" West a distance of 146.47 feet along said western boundary; thence southerly along said boundary 297.10 feet along an arc to left having a radius of 1949.86 feet and subtended by a long chord having a bearing of South V21'31" East and a length of 196.77 feet; thence South 89 °47105" West a distance of 499.31 feet; thence North 0 °02141' east a distance of 466.42 feet along said south boundary; thence South 45 °05146" East a distance of 14.12 feet to the point of beginning and containing 5.000 acres, more or less. and this property has Key Number 25 1010 038504, 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.; 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- 12.1 -4.5, that; (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will 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 Statement 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 abatement and hereby makes such a designation, p60 SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Stephen Luecke Member of the Common Council RESOLUTION NO. 1952 -92 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 3333 NORTH KENMORE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX YEAR REAL PROPERTY TAX ABATEMENT FOR AUCILLA INCORPORATED. 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 3333 N. Kenmore, South Bend, Indiana, and which is more particularly described as follows: A part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, City of South Bend, St. Joseph, Indiana, described as follows: Commencing at the Northeast corner of said Section 28; thence South 89 °47105" West (the bearing of the south line of the Southeast Quarter of Section 28 is assumed North 90 °00100" West) a distance of 1345.00 feet along the north line of said Northeast Quarter; thence South 0 °00'23" West a distance of 50.00 feet to the western boundary of Kenmore Street and the point of beginning; thence South 0 °00123" West a distance of 146.47 feet along said western boundary; thence southerly along said boundary 297.10 feet along an arc to left having a radius of 1949.86 feet and subtended by a long chord having a bearing of South 4 °21131" East and a length of 196.77 feet; thence South 89 °47105" West a distance of 499.31 feet; thence North 0 °02141' east a distance of 466.42 feet along said south boundary; thence South 45 °05'46" East a distance of 14.12 feet to the point of beginning and containing 5.000 acres, more or less. and this property has Key Number 25 1010 038504, 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.; 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 that the petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et seq., for tax abatement. Section II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment of rehabilitation: D. That 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 redevelopment or rehabilitation; X61 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 deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. Section III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. 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 purposed 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 six (6) years. Section VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, 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/ Stephen Luecke Member of the Common Council Council Member Puzzello made a motion combine public hearing on these two resolutions, seconded by Council Member Coleman. The motion carried. Council Member Kelly reported that the Human Resources Committee had met on these bills and recommended them to the Council favorable. Ernest Szarwark, attorney, made the presentation for the resolutions. He indicated Aucilla was an injection molded plastics firm and they were planning to do a 1.2 million dollar expansion. He indicated five new jobs will be created. Council Member Slavinskas made a motion to adopt Resolution No. 1951 -92, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to adopt Resolution No. 1952 -92, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1953 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2603 FOUNDATION DRIVE, AIRPORT INDUSTRIAL PARK, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR RICASSO, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 2603 Foundation Dr., South Bend, Indiana, and which is more particularly described as follows: A tract of land in Section 28, Township 38 North, Range 2 East, German Township, - St. Joseph County, Indiana, described as:Beginning at the Southeast corner of said Section 28, thence North 89 degrees 59157" West on and along the South line of said Section 28, said line also being the centerline of Lathrop Street, a distance of 1982.03 feet; thence North 90 degrees 00100" West on and along said South line a distance of 660.68 feet; thence South 89 degrees 59'3" West on and along said South line a distance of 661.27 feet; thence North 0 degrees 00'18" East a distance of 40.00 feet to the north line of Lathrop Street and the Southwest corner of Block 3 of Airport Industrial Park, Phase III; thence North 0 degrees 00118" east on and along the West line 4 of said Block 3 a distance of 1260.19 feet to the true place of beginning; thence continuing North 0 degrees 00118" east on and along said West line a distance of 290.40 feet; thence South 89 degrees 59'42" East a distance of 450.00 feet to the West line of Foundation Drive; thence South 0 degrees 00118" West on and along the West line of Foundation Drive a distance of 290.40 feet to the centerline of Foundation Court extended; thence North 89 degrees 59'42" West a distance of 450.00 feet to the true point of beginning, such tract containing 3.00 acres, more or less, and being Lot 3 -5 of the Airport Industrial Park, Phase III. and this property has Key Number 25 1010 040002, 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.; 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- 12.1 -4.5, that; (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will 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 Statement 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 abatement and hereby makes such a designation, SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated this company will be blending a variety of grains and flavorings to create low calorie foods, similar to rice cakes only tastier. He indicated they anticipated hiring 40 employees. 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. 1954 -92 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 3300 N. KENMORE STREET, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR SPIN -CAST PLASTICS, INC. Whereas, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3300 N. Kenmore, South Bend, Indiana, and which is more particularly described as follows: XQ Lots 5 -3 and 5 -4 of Combined Airport Industrial Park, Phase Four, St. Joseph County IN and this property has Key Number 25 1010 038518, 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.; 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 that the petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et seq., for tax abatement. Section II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment of rehabilitation: D. That 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 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 deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. Section III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. 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 purposed 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, 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/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Patrick O'Connell, attorney, made the presentation for the resolution. He indicated the petitioners were requesting this abatement for a $770,000 expansion project. Council Member Kelly made a motion to adopt this bill, seconded by Council Member Ladewski. The bill was adopted by a roll call vote of nine ayes. 6. BILLS. FIRST READING BILL NO. 40 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT FRANCES STREET AND LUTHER COURT 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 Slavinskas. The motion carried. BILL NO. 41 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8228 -91 RELATING TO THE REGISTRATION OF BUILDING CONTRACTORS. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Residential Neighborhood Committee and set it for public hearing and second reading June 22, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR T. Brooks Brademas, spoke regarding the City's purchase of the Palais Royale. He indicated the City was paying the owners twenty times their investment. Joyce Boaler, 1608 Hillsdale, spoke regarding the purchase of the Palais Royale and the DARE Program in schools. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Duda. The motion carried and the meeting was adjourned at 7:52 p.m. ATTEST: City Clerk . •;• I � President-/ �—