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HomeMy WebLinkAbout09-12-94 Council Meeting MinutesREGULAR MEETING SEPTEMBER 12. 1994 ne it rememberea tnat the Common t-ouncil or the Limy or joutn nena met in the Council Chambers of the County -City Building on Monday, September 12, 1994, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Washington, Luecke, Kelly, Puzzello, Zakrzewski, Coleman, Duda, and Ladewski Absent: Council Member Slavinskas 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 August 22, 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 August 22, 1994, meeting be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to resolve into the Committee of the Whole, seconded by Council Member Washington. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on September 12, at 7:05 p.m., with eight members present. Council Member Kelly presiding. BILL NO. 69 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF JEFFERSON BOULEVARD RUNNING EAST FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH MAIN STREET TO THE FIRST INTERSECTING NORTH -SOUTH ALLEY EAST OF MAIN STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET; LOCATED BETWEEN LOTS 292 AND 291 IN THE ORIGINAL PLAT OF TOWN, NOW CITY OF SOUTH BEND, INDIANA. Council Member Luecke made a motion to continue this bill until September 26, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 71 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 410 SOUTH STREET 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 Washington reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Sr. Planner - Area Plan, gave the Area Plan Commission report, which was favorable. He indicated the petitioner was requesting this zoning from "C" Commercial to "B" residential to allow for the construction of a single family home. John McNamara, 106798 Jefferson, Osceola, made the presentation for the bill. He indicated he was representing Habitat for the Humanities, and it was their intention to build a house on this site. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 72 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1359 PYLE 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 Washington reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Sr. Planner - Area Plan, gave the Area Plan Commission report, which was favorable. He indicated the petitioner was requesting this zoning from "A" to "O" to allow for construction of an attorney's office. He indicated the property is currently vacant. Mike Danch, Peirce and Associates, made the presentation for the bill. He indicated the planned construction would be in keeping with the residential flavor of the neighborhood. He indicated this office would front on Edison, and is adjacent to an existing car wash. He indicated the petitioners would provide six parking spaces, even though only four are required. Council Members Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 70 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING" BY PROVIDING FOR RECYCLING DROP OFF CENTERS. Council Member Luecke made a motion accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Council Member Luecke made a motion to refer this bill to Area Plan, and continue public hearing on this bill until September 26, seconded by Council Member Zakrzewski. 219" REGULAR MEETING SEPTEMBER 12, 1994 The motion carried. Council Member Puzzello made a motion to combine public hearing on bill nos. 82, 83 and 84 -94, seconded by Council Member Coleman. The motion carried. BILL NO. 82 -94 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1995. BILL NO. 83 -94 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1995, AND ENDING DECEMBER 31, 1995, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. BILL NO. 84 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1995, AND ENDING DECEMBER 31, 1995, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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 & Finance Committee had met on these bills over 20 hours, with the department heads. He indicated a committee recommendation has not been made, but it will be made before the September 26 meeting. Mayor Joe Kernan made the presentation for the bills. He thanked the Council Members for all their efforts. He indicated this was the third year in a row that the audit report had no exceptions. He indicated this budget is one that continues to address the priorities of this Administration and Council. He indicated that the budget next year will allow for ten new police officers, which will be funded in part for the Federal Government. He indicated we will add two firefighters and one civilian, which will allow for the City to phase out the quint -mini system. He indicated $200,000 is in this budget for the Good Neighbor /Good Neighborhoods Program for neighborhood centers. He indicated this budget was rather conservative that will give the City a cushion in 1995. Kevin Horton, Controller, indicated South Bend was in the better financial shape than the other two municipalities; Mishawaka is adequate; and the County is in dire straights. He indicated the City is ninety percent current in paying its bills. Jeff Rinard, Financial Director, indicated the levy rate will not be final until November. Council Member Coleman made a motion to amend Bill No. 83 -94 by accepting the replacement pages to the budget on file with the City Clerk, seconded by Council Member Washington. The motion carried. Council Member Coleman made a motion to amend Bill No. 84 -94, by accepting the replacement pages on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. James Edward Tally, 1081 Riverside, spoke in favor of this budget. Council Member Coleman made a motion to continue bill nos. 82, 83 and 84 -94, be continued in the Council portion for further deliberation at the September 26 meeting, seconded by Council Member Duda. The motion carried. BILL NO. 85 -94 A BILL MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 8396 -93 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEARS 1994 AND 1995. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Mayor Kernan made the presentation for the bill. He indicated they were proposing increases for twenty -three employees, since the City is expecting to have a general fund cash value next year of $5 million this was a good time to propose the increase. He indicated these increases were needed in order to keep these high ranking employees on the payroll. Leon Stein, Local 362 South Bend Firefighters, spoke against this bill since not all of the department heads were covered. He indicated neither chief was scheduled for an increase. Ron Glon, South Bend Police Department, indicated he agreed with the firefighters. He indicated the chiefs deserve a raise just like other department heads. Council Member Coleman made a motion to continue public hearing until September 26, for further deliberation, seconded by Council Member Duda. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Duda. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: -74� z -4 - hairman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chamber on the fourth floor of the County -City Building at 8:35 p.m., with Council President Puzzello presiding, and eight members present. r ij 1 219 REGULAR MEETING BILLS, THIRD READING SEPTEMBER 12, 1994 ORDINANCE NO. 8533 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 410 SOUTH STREET IN THE CITY OF SOUTH BEND, INDIANA. 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 eight ayes. ORDINANCE NO. 8534 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1359 PYLE AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2168 -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 3605 WEST CLEVELAND, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR AE GOETZE, INC. - SOUTH BEND PISTON FOUNDRY AND MACHINING EQUIPMENT. 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 3605 West Cleveland, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, 2nd P.M. St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the East -West Half section line of said East Half North 88 degrees 53 minutes 36 seconds East 915.58 feet from the center of said Section 21; thence North 0 degrees 56 minutes 57 seconds West 338.80 feet; thence North 88 degrees 53 minutes 36 seconds East, parallel with the East -West half section line of said Section 800.00 feet; thence South 0 degrees 56 minutes 57 seconds East 1726.13 feet; thence northwesterly 550.14 feet along an arc to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of North 54 degrees 36 minutes 59 seconds West and a distance of 549.80 feet; thence North 51 degrees 05 minutes 08 seconds West 465.22 feet; thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East -West half section line of said East half the point of beginning, and containing 26.203 acres, more or less. and this property has Key Numbers 25 411 4814 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1,1- 12.1 -1 et sect., and South Bend Municipal Code Section 2 -76 et seg.; 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 seg., and South Bend Municipal Code Sections 2 -76 et seo. 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 employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the anntial salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. 224 REGULAR MEETING SEPTEMBER 12, 1994 SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section I through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this resolution and recommended it to the Council favorable. Dick Monagle, General Manager, made the presentation for the resolution. He indicated they planned to purchase $20 millions dollars worth of high volume machinery to be used to produce pistons. He indicated they were the second largest automotive piston plant in the United States. He indicated 144 new jobs will be created. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO 2169 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2525 N. FOUNDATION DRIVE, SOUTH BEND, IN TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR MILES DISTRIBUTORS, 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 2525 Foundation, South Bend IN, and which is particularly described as follows: A tract of land in the Southwest Quarter of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana described as Lot 3 -4 of Airport Industrial park, Phase III, more particularly described as follows: Commencing at the Southeast Corner of said Section 28; thence N 90 degrees 00 minutes 00 seconds W a distance of 2642.71 feet on and along the South line of said Section; thence S 89 degrees 57 minutes 33 seconds W a distance of 171.27 feet along the South line of said Quarter Section; thence N 00 degrees 00 minutes 47 seconds E along the centerline of Foundry Drive a distance of 1090.00 feet; thence N 89 degrees 59 minutes 13 seconds W a distance of 40.00 feet to the West line of Foundation Drive and a true place of beginning; thence N 89 degrees 59 minutes 13 seconds W a distance of 450.00 feet; thence N 00 degrees 00 minutes 47" E a distance of 450.00 feet; thence S 00 degrees 00 minutes 47 seconds W a distance of 210.00 feet to the place of beginning. with said real estate having the following Key No. 25 -1010 040004 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: i 1 1 221 REGULAR MEETING SEPTEMBER 12, 1994 SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et 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. Council Member Kelly reported that the Community and Economic Development Committee had met on this resolution and recommended it to the Council favorable. John Peddycord, attorney, made the presentation. He indicated the petitioner is a wholesale distributor of ceramic tile. He indicated there existing facility will be rehabilitated and 10,000 square feet will be added for warehousing. He indicated while this abatement is not large, it definitely contributed to the decision to enlarge the operation. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution passed by a roll call vote of eight ayes. RESOLUTION NO. 2170 -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 701 W. CHIPPEWA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR REDDI -PAC, 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 701 W. Chippewa, South Bend, Indiana, and which is more particularly described as follows: PARCEL 1: A tract of land in Section 23, Township 37 North, Range 2 East of the Second Principal Meridian in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Southwest corner of Section 23, Township 37 North, Range 2 East; thence along the South line of said Section 23 South 89 degrees 37' 05" East (the bearing of this course being assumed and all other bearings being derived therefrom) 2,649.08 feet to the Southwest corner of the Southeast quarter of said Section 23; thence continuing along the South line of said Southeast Quarter South 90 degrees 00' 00" East 178.42 feet to the Point of Beginning of this tract of land; thence North 0 degrees 27' 07" East 752.878 feet thence South 89 degrees 32' 53" east 576.63 feet; thence North 00 degrees 27' 07" East 1885.37 feet to the North line of the Southeast Quarter of said Section 23; thence South 89 degrees 36' 39" East 150.00 feet along the North line of said Southeast Quarter; thence North 0 degrees 23' 21" East 40.00 feet; thence South 89 degrees 36' 39" East parallel to the North line of said Southeast Quarter 80.00 feet; thence South 0 degrees 23' 21" West 40.00 feet to the North line of said Southeast Quarter; thence South 89 degrees 36' 39" East along said North line 1656.99 feet to the Northeast corner of said Southeast Quarter; thence South 0 degrees 23' 54" West 163.00 feet along the East line of Section 23; thence South 89 degrees 36' 06" East 17.10 feet to the Westerly right of way of the Conrail Railroad; thence along said right of way line 805.63 feet along a curve to the right having a radius of 5680.15 feet and subtended by a long chord having a bearing South 25 degrees 20' 34" West and a length of 804.95 feet; thence continuing on said right of way line South 29 degrees 17' 52" West 1983.97 feet to the South line of Section 23 and the centerline of Chippewa Avenue; thence 90 degrees 00' 00" West along said South line 1184.94 feet to the Point of Beginning. Containing 89.675 acres more or less. PARCEL II: A non - exclusive right -of -way and easement for the use, inspection, construction, installation, repair, maintenance, and replacement, of a 48 inch storm sewer for surface water run -off as it flows from the Main Plant (Parcel I), across, over and under "Plant 8" and the Remaining Property" (as defined in the Declaration of Easements, Covenants, and Conditions made as of September 20, 1984, by Amland Corporation and recorded in the Office of the Recorder of St. Joseph County, Indiana, as Document No. 8419846 into Bowman Creek. Said easement to be described as follows: A parcel of land in the Northeast Quarter of Section 23, Township 37 North, Range 2 East, being a strip of land thirty (30) feet wide, fifteen (15) feet on each side of the following described line. Beginning at a point on the South line of said Northeast Quarter 680 feet West of the Southeast Corner of said Quarter Section; thence North 0 degrees 25' East 43 feet; thence North 49 degrees West along the approximate centerline of the existing storm sewer 148 feet to the North line of Plant 8 parcel. and this property has Key Number 18 8020 0837, be designated as an Economic 222 REGULAR MEETING SEPTEMBER 12, 1994 Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal 7Code Section 2 -76 et sea.: 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 sea., and South Bend Municipal Code Sections 2 -76 et sea. 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 employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this resolution and recommended it to the Council favorable. Robert Walton, Reddi -Pac, made the presentation for the resolution. He indicated they were a manufacturer of laminated paperboard made from recycled paperboard. He indicated they planned to add two production lines and an orbital shrink wrap machine and printing equipment. He indicated 15 new full time position will be added in the first year, and 35 in the second year. Council Member Kelly made a motion to adopt this resolution, seconded by Council member Washington. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 86 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH - SOUTH ALLEY EAST OF SOUTH MICHIGAN STREET FROM THE SOUTH RIGHT -OF- WAY LINE OF EAST BROADWAY STREET TO THE NORTH RIGHT -OF -WAY LINE OF n C REGULAR MEETING SEPTEMBER 12, 1994 THE FIRST INTERSECTING EAST -WEST ALLEY SOUTH OF EAST BROADWAY STREET FOR A DISTANCE OF APPROXIMATELY 153 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN HANEY'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for public hearing and third reading on September 26, and refer it to the Public Works and Property Vacation Committee, seconded by Council Member Duda. The motion carried. BILL NO. 87 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2610 PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA, IN THE CITY OF SOUTH BEND, INDIANA, FOR BRUNO CATALDO AND ROSE CATALDO OF 2610 PRAIRIE AVENUE, SOUTH BEND, IN 46614. 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. 88 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 3, SECTION 4 -17, AND BY THE INCLUSION OF NEW SECTION 4 -47 ENTITLED RECYCLING DROP OFF CENTERS IN THE SOUTH BEND MUNICIPAL CODE. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for public hearing and third reading on September 26, and refer it to the Zoning and Annexation Committee, seconded by Council Member Ladewski. The motion carried. BILL NO. 89 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED ZONING REGULATIONS FOR PARI- MUTUEL WAGERING FACILITIES AND GROUNDS. 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. 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 Ladewski. The motion carried and the meeting was adjourned at 8:50 p.m. ATTEST: City Clerk witul