HomeMy WebLinkAbout04-10-89 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, April 10, 1989, 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, Niezgodski,
Soderberg, Puzzello, Slavinskas, Zakrzewski,
Coleman, Duda
Absent: Voorde
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 March 28, 1989, meeting of the
Council and found them correct.
Therefore, we recommend the same be approved.
/s/ John Voorde
/s/ Ann Puzzello
Council Member Coleman made a motion that the minutes of the April 10, 1989,
meeting of the Council be accepted and placed on file, seconded by Council Member
Zakrzewski. The motion carried.
SPECIAL BUSINESS
Council President Puzzello announced that due to a conflict the next City Council
Meeting will be held Tuesday, April 25, 1989 at 5:00 p.m. in the Council Chambers,
4th Floor County -City Bldg.
COMMITTEE OF THE WHOLE
Be it remembered that the
Committee of the Whole on
present. Chairman Luecke
BILL NO. 120 -88 A BILL
CORNER
INDIAN,
Common Council of the City of South Bend met in the
April 11, 1989 p.m., at 7:05, with eight members
presiding.
AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE
OF MIAMI ROAD AND KERN ROAD IN THE CITY OF SOUTH BEND,
k.
This being the time heretofore set for public hearing on the above bill, proponents
and opponents were given an opportunity to be heard. Kevin Joyce, Area Plan, gave
the staff report. Ken Fedder, Attorney for the Petitioner made the presentation on
the bill. He indicated that the petitioner Southfield Inc., is requesting a zone
change from "A" Residential and "A" Height and Area to "A" Residential and "A -1"
Residential, "A" Height and Area and "B" Residential, "B" Height and Area, to allow
the construction of a retirement community involving duplex and multi - family
residences. Gerald Phipps, The Troyer Group, 415 Lincolnway East, Mishawaka, IN,
spoke in favor of the bill. He indicated that The Troyer Group, Inc. is the
Engineer for Southfield Inc. He stated that the Southfield owns approximately 95
acres at the southeast corner of Kern and Miami Roads. The owners are proposing to
develop the property as a residential community with single - family, duplex and
multi - family residences. The multi - family and most of the duplex units will be for
senior citizens. Joe Guentert, 3510 Corby Blvd., had a question regarding
drainage. Mr. Richard Gruelich, 19241 Montrose Drive, questioned whether the
intersection of Kern & Miami Rds., could handle the increase in traffic? Robert J.
Watts Jr., 61665 Miami Rd. spoke in opposition to the bill. He indicated that he
would like the Council to continue public hearing on this bill. He indicated to
the Council that they should take more time to study the traffic and drainage
issues. Dale Balsbaugh 6240 Regent Ct., spoke regarding heavy traffic at the
intersection of Kern & Miami Rds. He indicated that when cars are turning east or
west off of Miami onto Kern, cars behind them cut across his lawn, throwing asphalt
onto his yard. Greg Elliott, 19476 Edinburg, spoke in opposition to the bill. He
indicated that the project would create more of a traffic problem at the
intersection of Kern & Miami Rds. Cheryl Vargo, 62646 Miami Rd., spoke in
opposition to the bill. She also spoke regarding the heavy traffic at the
intersection of Kern & Miami Rds. Council Member Niezgodski, made a motion to
recommend this bill to the Council favorable, as amended seconded by Council Member
Coleman. The motion carried
BILL NO. 10 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF BLACK OAK DR. & EDISON RD. 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. Kevin Joyce, Area Plan
Commission, gave the staff report. He indicated that the petitioners are
requesting a zone change from "A" Residential, "A" Height and Area to "C"
Commercial, "A" Height and Area to allow the construction and operation of a travel
agency, general offices and a financial institution with an automated teller. In
Commission's opinion, development along this portion of Edison Road should not be
encouraged until Edison Road is improved to four lanes. The Commission is sending
this with an unfavorable recommendation. Mike Dance, Peirce & Associates, 52578
U.S. 33 North, South Bend, IN, made the presentat,
that the property sought to be rezoned is located
Oak Dr. & Edison Rd. He stated that the rezoning
40,000 square -foot office building to house a Tra,
Financial Institution with an Automated Teller. ]
opposed to the bill. She indicated that the rezo:
the neighborhood. She also filed on record a pet.
petition contained 104 signatures opposed to the :
Slavinskas made a motion to recommend this bill ui
Member Coleman. The motion carried.
BILL NO. 8 -89
A BILL ANNEXING TO AND BRI,
BEND, INDIANA CERTAIN LAND
COUNTY, INDIANA.
This being the time heretofore set for public hea
and opponents were given an opportunity to be hea
Land Surveyor, representing Miller Builders, Inc.
bill. He indicated that the voluntary annexation
of land along Hepler Street in Clay Township. Jo
asked whether the builder would used retention ba
stated that the Zoning & Vacation Committee recom
favorable. Council Member Puzzello made a motion
Council favorable, seconded by Council Member Nie
BILL NO. 18 -89 SECOND READING ON A BILL TO VA,
PROPERTY: WASHINGTON STREET WE,
EAST OF THE EAST RACE..
n on the bill. He indicated
t the southeast corner of Black
s requested to allow for a
1 Agency, Offices and a
rtha Fisher, 930 Oakridge, spoke
ng would be an encroachment into
ion against the rezoning. the
zoning. Council Member
avorable, seconded by Council
WITHIN THE CITY LIMITS OF SOUTH
'ED IN CLAY TOWNSHIP, ST. JOSEPH
ng on the above bill, proponents
Larry Vanosdol, Registered
made the presentation on the
nvolves approximately 23.5 acres
Guentert, 3510 Corby Blvd.,
ns. Council Member Slavinskas
nds this bill to the Council
o recommend this bill to the
odski. The motion carried.
E THE FOLLOWING DESCRIBED
OF NILES AVENUE EXTENDED AND
Council Member Niezgodski made a motion to continue this bill to the April 25, 1989
meeting, seconded by Council Member Coleman. The motion carried.
BILL NO. 21 -89 A BILL APPROPRIATING $5,700.00 FROM THE MORRIS CIVIC AUDITORIUM
IMPROVEMENT FUND FOR PURPOSE OF OF THE ELECTRIC DROP
CABLES TO THE LIGHTING INSTRUMENTS ON STAGE AT THE MORRIS CIVIC
AUDITORIUM.
This being the time heretofore set for public hea
and opponents were given an opportunity to be hea
Morris Civic Auditorium, made the presentation on
old cables are no longer capable of safely handli
cables. Joe Guentert, 3510 Corby, questioned whe
Community School Corporation could use the Morris
Council Member Coleman made a motion to recommend
favorable, seconded by Council Member Zakrzewski.
BILL NO. 22 -89 A BILL APPROPRIATING $305,000.0
FUND TO PROJECT R &S 8901, WIDEN
BRICK, WITHIN THE LOCAL ROAD AN
This being the time heretofore set for public hear
and opponents were given an opportunity to be hear
indicated that the Public Works Committee recommen
favorable. John Leszczynski, City Engineer made t
indicated that the proposed bill is requesting an
and Street Fund to be used for widening and lighti
Council Member Coleman made a motion to recommend
favorable, seconded by Council Member Duda. The m
.ng on the above bill, proponents
Dale Balsbaugh, Director
.he bill. He indicated that the
the load requirements for these
.er or not the South Bend
'ivic Auditorium for functions.
his bill to the Council
The motion carried.
FROM THE LOCAL ROAD AND STREET
G AND LIGHTING OF CLEVELAND AND
STREET FUND.
on the above bill, proponents
Council Member Zakrzewski
this bill to the council
presentation on the bill. He
ropriation from the Local Road
of Cleveland and Brick Roads.
s bill to the council
on carried.
BILL NO. 23 -89 A BILL APPROPRIATING $23,515.36IFROM THE LOCAL ROAD AND STREET
FUND TO PROJECT R &S 8902, RAILROAD CROSSING AT VARIOUS LOCATIONS
WITHIN THE LOCAL ROAD AND STREET FUND.
This being the time heretofore set for public hea
and opponents were given an opportunity to be hea
stated that the Public Works committee had met on
Council favorable. John Leszczynski, City Engine
bill. He indicated that the proposed bill is req
$23,515.36 from the Local Road and Street Fund fo.
Improvements. Council Member Niezgodskilmade a m
the Council favorable, seconded by Council Member
BILL NO. 24 -89 A BILL APPROPRIATING $9,000.00
FUND TO PROJECT R &S 8903, MIAM
IMPROVEMENTS, WITHIN THE LOCAL
This being the time heretofore set for public hea,
and opponents were given an opportunity to be hea .
indicated that the Public Works Committee had met
the Council favorable. John Leszczynski, City En
the bill. He indicated that the proposed bill wo'
Local Road and Street Fund for the Miami /Calvert
project entails the design of upgraded signals fo.
Member Coleman made a motion to recommend this bi
seconded by Council Member Duda. The motion carr
ng on the above bill, proponents
Council Member Zakrzewski
his bill and recommend it to the
made the presentation on the
sting an appropriation of
Rail Road Crossing
ion to recommend this bill to
oleman. The motion carried.
THE LOCAL ROAD AND STREET
ERT INTERSECTION
AND STREET FUND.
ng on the above bill, proponents
Council Member Zakrzewski
n this bill and recommend it to
neer made the presentation on
d request $9,000.00 from the
tersection Improvements. The
this intersection. Council
to the Council favorable,
T m.
ORDINANCE NO. 7972 -89A AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT THE CORNER OF MIAMI ROAD AND KERN
ROAD IN THE CITY OF SOUTH BEND, INDIANA.
This bill had second reading. Council Member Coleman made a motion to amend this
bill, seconded by Council Member Luecke. 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 eight ayes.
BILL NO. 10 -89 AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF BLACK OAK DR. & EDISON RD. IN THE CITY OF
SOUTH BEND, INDIANA.
This bill had second reading. Council Member Slavinskas made a motion to defeat
this bill, seconded by Council Member Coleman. The bill was defeated by a roll
call vote of eight ayes.
ORDINANCE NO. 7973 -89 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY
LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN
CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
This bill had second reading. Council Member Coleman made a motion to pass this
bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote
of nine ayes.
ORDINANCE NO. 7974 -89 AN ORDINANCE APPROPRIATING $5,700.00 FROM THE MORRIS
CIVIC AUDITORIUM IMPROVEMENT FUND FOR PURPOSE OF
REPLACEMENT OF THE ELECTRIC DROP CABLES TO THE
LIGHTING INSTRUMENTS ON STAGE AT THE MORRIS CIVIC
AUDITORIUM.
This bill had second reading. Council Member Coleman made a motion to pass this
bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote
of eight ayes.
ORDINANCE NO. 7975 -89 AN ORDINANCE APPROPRIATING $305,000.00 FROM THE LOCAL
ROAD AND STREET FUND TO PROJECT R &S 8901, WIDENING AND
LIGHTING OF CLEVELAND AND BRICK, WITHIN THE LOCAL ROAD
AND STREET FUND.
This bill had second reading. Council Member Zakrzewski made a motion to pass this
bill, seconded by Council Member Luecke. The bill passed by a roll call vote of
eight ayes.
ORDINANCE NO. 7976 -89 AN ORDINANCE APPROPRIATING $23,515.36 FROM THE LOCAL
ROAD AND STREET FUND TO PROJECT R &S 8902, RAILROAD
CROSSING AT VARIOUS LOCATIONS WITHIN THE LOCAL ROAD
AND STREET FUND.
This bill had second reading. Council Member Niezgodski made a motion to pass this
bill, seconded by Council Member Luecke. The bill passed by a roll call vote of
eight ayes.
ORDINANCE NO. 7977 -89 AN ORDINANCE APPROPRIATING $9,000.00 FROM THE LOCAL
ROAD AND STREET FUND TO PROJECT R &S 8903,
MIAMI /CALVERT INTERSECTION IMPROVEMENTS, WITHIN THE
LOCAL ROAD AND STREET FUND.
This bill had second reading. Council Member Niezgodski made a motion to pass this
bill, seconded by Council Member Coleman. The bill passed by a roll call vote of
eight ayes.
RESOLUTIONS
RESOLUTION NO. 1712 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPOINTING A CITY NEGOTIATIONS
TEAM FOR POLICE AND TEAMSTER NEGOTIATIONS.
WHEREAS, the City of South Bend has determined that a unified effort would be in
the City's best interest in addressing wage and salary negotiations;
WHEREAS, both the Police Department and the Teamster wage ordinances and Teamster's
collective bargaining agreement expire this year; and
WHEREAS, on March 29, 1989, the board of Public Safety passed Resolution No. 4 -1989
which appointed a Negotiating Team to represent them regarding possible Police
Collective Bargaining items, and
WHEREAS, the City Administration and Common Council jointly agree to the unified
effort of a City Negotiations Team for Police and Teamster Negotiations as the best
and most positive approach for representing the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AS FOLLOWS;
SECTION I. The Common Council of the City of South Bend, Indiana, hereby appoints
�' ' 1i1'
Thomas L. Bodnar - Teamster Spokesperson
Kathleen Cekanski - Farrand - Police Spokesperson
Catherine Hubbard
Kathrine Humphreys - Teamster Chairperson
Ann Puzzello - Police Chairperson
William Soderberg
John Voorde
SECTION II. This Resolution shall be in full
adoption by the Common Council and approval by
Stephen Luecke,
First District
William Soderberg,
Third District
Linas Slavinskas,
Fifth District
Second District
Ann Puzzello,
Fourth District
Thomas Zakrzew
Sixth District
an
and effect from and after its
Mayor.
Loretta Duda, At -Large
John Voorde, At -Large
ATTEST:
Irene Gammon, City Clerk
Signed this day of April 1989.
Joseph E. Kernan, Mayor
RESOLUTION NO. 1713 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE SOUTH BEND,
INDIANA AUTHORIZING THE URBAN ENTERPRISE ASSOCIATION
OF SOUTH BEND, INDIANA, INC. TO SUBMIT AN APPLICATION
FOR AN ENTERPRISE ZONE BOUNDARY MODIFICATION TO THE
INDIANA ENTERPRISE ZONE BOARD.
WHEREAS, the State of Indiana has enacted I.C. 4- 4 -6.1, allowing certain areas
within Indiana to be designated as "Enterprise Zone" areas and entitling property
owners therein to certain benefits (as provided by law), from time to time; and '
WHEREAS, a certain area within the city of South Bend, Indiana has been so
designated as an Enterprise Zone effective as of January 1, 1984; and
WHEREAS, the Indiana Enterprise Zone Board has adopted a policy, dated October 14,
1986, stating in part, that modification of an Enterprise Zone will not be
considered without approval of such request by the Urban Enterprise Association,
Mayor and City Council of the City within whose borders the Enterprise zone is
located; and ,
WHEREAS, application has been made to modify this ',Enterprise Zone to include a
parcel of real estate located within South Bend, Indiana; and
WHEREAS, the Urban Enterprise Association of South Bend, Indiana, Inc. has
unanimously approved the request for this boundary modification at a public meeting
held on April 7, 1989.
NOW, THEREFORE, BE IT HEREBY RESOLVED by;the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. That this Council hereby approves the ',request for modification of the
Enterprise Zone located within the City of South Bend, Indiana, which modification
would expand the existing Enterprise Zone to include the following real property as
described in the attachment hereto.
.. —__ - _ _nr•�a ua�euc._rinrlliv� — ..— . - -.__ ____._— _- __.__- __ ___ _rrrci a+_.i v.. ._.i�o�. _. _____ _ _ ______
SECTION II. That this Resolution constitutes the approval of the request for
modification of the Urban Enterprise Zone by the Council and Mayor of the City
within which the zone in question is located, as required by the policy guidelines
established by the Indiana Enterprise Zone Board, and hereby authorizes the Urban
Enterprise Association of South Bend, Indiana, Inc. to submit an application
recommending an enterprise zone boundary modification to the state Enterprise Zone
Board.
SECTION III. That 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. Pam Myers, Program
Manager Community Development, made the presentation on the resolution. She
indicated that the resolution will allow the Urban Enterprise Zone to recommend a
boundary modification for South Bend's Zone to the State Enterprise Zone Board.
Council Member Niezgodski made a motion to adopt this resolution, seconded by
Council Member Luecke. The resolution was adopted by a roll call vote of eight
ayes.
RESOLUTION NO. 1714 -89 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 4315 S.
LAFAYETTE, AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX
ABATEMENT FOR RELOCATION OF MILES DENTAL MANUFACTURING
BUSINESS.
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 4315 S. Lafayette,
an Economic Revitalization Area for purposes of a ten (10) year real property tax
abatement for relocation of Miles Dental Manufacturing Business.
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 4315 S. Lafayette, South Bend, Indiana,
and which is more particularly described as follows:
314 x 628; Beg NE Cor 1/4 NE 1/4 4/528A Sec 26 -37 2E
and
314 x 675.5' Beg 628'W NE Cor SE 1/4 NE 1/4 4/86Ac Sec 26 37 2E
be designated as an Economic Revitalization Area under the provisions of Indiana
Code 6 -1.1- 12.1 -1 et seq. and South Bend Municipal Code section 2 -76 et seq., and;
WHEREAS, the Department of Economic Development has concluded an investigation and
prepared a report with information sufficient for the Common council to determine
that the area qualifies as an Economic Revitalization Area under Indiana Code
6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code section 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 estimate of the value of the redevelopment or rehabilitation is
reasonable for projects of this nature;
B. That the estimate of the number of individuals who will be employed or whose
employment will be retained can reasonably be expected to result from the proposed
described redevelopment or rehabilitation;
C. 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;
D. That the other benefits about which information was requested are benefits that
can be reasonably expected to result from the proposed described redevelopment
E. 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 the
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 -i.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 ands, 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 Cityi,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.
RESOLUTION NO. 1715 -89 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 4315 S.
LAFAYETTE, AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR RELOCATION OF MILES DENTAL MANUFACTURING
BUSINESS.
WHEREAS, a petition for personal 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 4315 S. Lafayette, South Bend,
Indiana, and which is more particularly described'as follows:
314 x628' Beg NE Cor SE 1/4 NE 1/4 4/528A Sec 26'37 2E
and
314 x 675/5' Beg 628' W NE cor SE 1/4 NE 1/4 4.86 AC Sec 26 37 2E
be designated as an Economic Revitalization Area under the provisions of Indiana
Code 6 -1.1- 12.1 -1 et seq., and South Bend Municipal Code section 2 -76 et seq., and;
WHEREAS, the Department of Economic Development has concluded an investigation and
prepared a report with information sufficient for!
the Common Council to determine
that the area qualifies as an Economic Revitalization Area under Indiana Code
6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Section 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
Personal 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 se g., 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 estimate of the value of the redevelopment or rehabilitation is
reasonable for projects of this nature;
B. That the estimate of the number of individuals who will be employed or whose
employment will be retained can reasonably be expected to result from the
proposed described redevelopment or rehabilitation;
r_ That the estimate of the annual salaries of those individuals who will be
r. .
D. 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
E. 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 and which can be reasonably
expected to result from the installation of the new manufacturing equipment.
SECTION III. The Common Council hereby determines and finds that the proposed
described redevelopment or rehabilitation can be reasonably expected to yield the
benefits identified in the Statement of Benefits set forth as Sections I through II
of the Petition for Personal 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 -4.5 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 for purposes of personal property tax
abatement and hereby makes such a designation.
SECTION V. 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 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 five (5) years.
SECTION VI. 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 VII. The Common Council directs the City Clerk to cause notice of the
adoption of this Declaratory Resolution for Personal 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 /Ann Puzzello
Member of the Common Council
A public hearing was held on the resolution at this time. Council Member Luecke
made a motion to combine both resolutions for purpose of public hearing, seconded
by Council Member Niezgodski. The motion carried. Byron Bartlett, Manager,
Corporate Real Estate & Facilities Planning made the presentation on the
resolution. He indicated that Miles is relocating its dental manufacturing
business from St. Louis, MO to South Bend, IN. The expansion of operations by
Miles, Inc. will create 100 new full time jobs within the first year with an annual
payroll of $2,770,000. The new jobs will be in addition to 30 existing jobs with
an annual payroll of $830,000 at the plant, which now is part of Miles' Ames
Division. Council Member Zakrzewski made a motion to adopt Resolution 1714 -89,
seconded by Council Member Luecke. The resolution was adopted by a roll call vote
of eight ayes. Council Member Zakrzewski made a motion to adopt Resolution
1715 -89, seconded by Council Member Coleman. The resolution was adopted by a roll
call vote of eight ayes.
BILL NO. 25 -89 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH
BEND, INDIANA, CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA.
This bill had first reading. Council Member Coleman made a motion to set this bill
for second reading and public hearing April 25, 1989, seconded by Council Member
Luecke. The motion carried.
BILL NO. 26 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE
2000 BLOCK OF EAST IRELAND ROAD 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 Luecke. The motion carried.
BILL NO. 27 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
1007 N. HICKORY ROAD 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 Niezgodski. The motion carried.
BILL NO. 28 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT A
14.0 ACRE, MORE OR LESS, TRACT OF LAND AT THE SOUTHEAST CORNER
OF DARDEN ROAD AND LILAC ROAD IN THE CITY OF SOUTH BEND,
INDIANA.
This bill had first reading. Council Member Niezgodski made a motion to refer this
bill to Area Plan, seconded by Council Member Luecke. The motion carried.
BILL NO. 29 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE
INTERSECTION OF MAPLE AND PORTAGE ROADS 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. 30 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST
EAST -WEST ALLEY SOUTH OF MISHAWAKA AVENUE RUNNING EAST FROM 21ST
STREET TO THE INTERSECTION OF THE 1ST NORTH -SOUTH ALLEY RUNNING
FROM MISHAWAKA AVENUE TO VINE STREET, FOR A TOTAL DISTANCE OF
133 FEET MORE OR LESS.
This bill had first reading. Council Member Coleman made a motion to set this bill
for second reading and public hearing April 25, 1989, seconded by Council Member
Zakrzewski. The motion carried.
BILL NO. 31 -89 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
AMENDING CHAPTER 9, ARTICLE 4, OF THE MUNICIPAL CODE COMMONLY
REFERRED TO AS "LEAF BURNING AND AIR POLLUTION CONTROL."
This bill had first reading. Council Member Coleman made a motion to set this bill
for second reading and public hearing April 25, 1989, seconded by Council Member
Zakrzewski. The motion carried.
PRIVILEGE OF THE FLOOR
Joe Guentert - 3510 Corby Blvd., spoke regarding leaf pick -up and the baseball
stadium.
Sean Coleman - commended everyone who participated in "Christmas in April."
There being no further business to come before the Council, unfinished or new,
Council Member Soderberg made a motion to adjourn, seconded by Council Member
Coleman. The motion carried and the meeting was adjourned at 8:30 p.m.
ATTEST:
& ��
City Clerk
APPROVED:
d t