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HomeMy WebLinkAbout05-14-90 Council Meeting MinutesJ 7q 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, May 14, 1990, 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, Duda and Voorde Absent: Coleman 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 April 23, 1990 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Tom Zakrzewski /s/ Ann Puzzello Council Member Niezgodski made a motion that the minutes of the April 23, 1990, meeting of the Council be accepted and placed on file, seconded by Council Member Soderberg. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1784 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING RICHARD PUSZTAI OF THE SOUTH BEND FIRE DEPARTMENT WHEREAS, on April 25, 1990, the International Firefighters Olympics was held in Auckland, New Zealand; and WHEREAS, approximately 2,200 firefighters participated in the events; and WHEREAS, one of the participants was Richard Pusztai who is a 55 year -old firefighter who is assigned to Station No. 6 and has been on the Fire Department since 1963; and WHEREAS, the Common Council is proud to honor Richard Pusztai for winning the gold medal in the powerlifting competition; and WHEREAS, Richard Pusztai lifted 402 pounds in the full squat, 275 pounds in the bench press and 485 pounds in the deadlift to win the top honors. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends Richard Pusztai, a 27 year veteran on the Fire Department for winning the gold medal in the powerlifting competition at the International Firefighters Olympics. SECTION II. The Common Council commends Richard Pusztai for his hard work and dedication which has brought honor to himself, to the South Bend Fire Department, and to our entire City. 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. STEPHEN LUECKE, FIRST DISTRICT DONALD NIEZGODSKI, SECOND DISTRICT WILLIAM SODERBERG, THIRD DISTRICT ATTEST: City Clerk LINAS SLAVINSKAS FIFTH DISTRICT THOMAS ZAKRZEWSKI, SIXTH DISTRICT SEAN COLEMAN, AT LARGE LORETTA DUDA, AT LARGE JOHN VOORDE, AT LARGE Mayor MAO REGULAR MEETING MAY 14, 1990 Zakrzewski made the presentation on the resolution. He commended Mr. Pusztai for representing the South Bend Fire Department and for winning top honors in the deadlift competition. Chief Luther Taylor, South Bend Fire Department, spoke in favor of the bill. He thanked Firefighter Pustai for representing the fire department and for paying the expenses out of his own pocket. Randy Magadalinski, S.B.F.D., spoke in favor of the bill. He commended Mr. Pusztai and thank the Council for the resolution. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Niezgodski. The motion carried by a roll call vote of eight ayes. RESOLUTION NO. 1785 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING MAY 16, 1990, AS TRANSIT APPRECIATION DAY. WHEREAS, the nation, our communities and our citizens face a mounting array of challenges to our health and safety from declining environmental conditions; and WHEREAS, gridlock and traffic congestion, declining air quality, increasing energy dependence and reliance on foreign oil will continue to plague us in the 1990`s; and WHEREAS, the increased availability and use of public transportation and other forms of high- occupancy, shared ride services represent a critical strategy in alleviating these national problems; and WHEREAS, public transportation is vital to the growth and continued social and economic well -being of the cities of South Bend and Mishawaka, Indiana; and WHEREAS, the threat of further reductions in federal aid to mass transit places an increasingly difficult burden on cities, counties and states to raise the necessar' financial support for transit services; and WHEREAS, the American Public Transit Association, together with the National Association of Counties, the National Association of Regional Councils, the National League of Cities, and the United States Conference of Mayors, have declared Wednesday, May 16, 1990, as TRANSIT APPRECIATION DAY and have called upon all citizens to join in a national mobilization to highlight the benefits of publi transportation. 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 declares Wednesday, May 16, 1990, as TRANSIT APPRECIATION DAY. SECTION II. The Common Council calls upon all citizens to examine their personal travel choices and become more active in educational and advocacy efforts to promote the vital role of transit in South Bend, Indiana, and across the United States. 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. STEPHEN LUECKE, FIRST DISTRICT DONALD NIEZGODSKI, SECOND DISTRICT WILLIAM SODERBERG, THIRD DISTRICT ATTEST: �i City Clerk LINAS SLAVINSKAS FIFTH DISTRICT THOMAS ZAKRZEWSKI, SIXTH DISTRICT SEAN COLEMAN, AT LARGE LORETTA DUDA, AT LARGE JOHN VOORDE, AT LARGE Mayor A public hearing was held on the resolution at this time. Council Member Don Niezgodski made the presentation on the resolution. He indicated that the Council supports the vital role of transit in South Bend and across the United States. Dick Rohde, Director, Transpo, 901 Northside Blvd., spoke in favor of the resolution. Emil Reznick, Board Member Transpo, spoke in favor of the resolution. He thanked the council for for supporting the resolution. Council Member Voorde made a motion to adopt this resolution, seconded, by Council Member Puzzello. The resolution was adopted by a roll call vote of eight ayes. r 50C I REGULAR MEETING MAY 14, ., . � � - -- - �sa� ass�a �s rare �^ ;���; a��a ::.i���s aa• a�aa a r SOUTH BEND, INDIANA, DESIGNATING MAY 14 THROUGH MAY 18, 1990 AS TEACHER APPRECIATION WEEK IN SOUTH BEND, INDIANA. A public hearing was held on the resolution at this time. Council Members Puzzello and Soderberg made a joint presentation on the resolution. They indicated that is rewarding to be able to teach the youth of today. Cindy Striech, South Bend Community School Corporation, spoke in favor of the resolution. She thanked the Council for sponsoring the resolution. Council Member Niezgodski made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of eight ayes. Council Member Zakrzewski stated that the Council has an appointment to the Transpo Board. The appointment will be named in June, anyone interested in serving on the - Transpo Board may send a resume to the South Bend Common Council, 4th Floor County -City Bldg., 227 W. Jefferson Blvd., South Bend, IN 46601. 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 May 14, 1990, at 7:25 p.m., with eight members present. Vice President Duda presiding. BILL NO. 22 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 4 -17 AND 4 -43, 4 -60, AND 4 -64 BY THE ADDITION OF LICENSING REGULATIONS ADDRESSING TRANSIENT MERCHANTS. 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 Puzzello stated that the Personnel & Finance Committee met on this bill and recommends it favorable. Kathleen Cekanski - Farrand, Council Attorney made amendments to the bill. Pat McGuire, South Bend /Mishawaka Area Chamber of Commerce, spoke in favor of the bill. He stated that this bill will provide support and assistance to the consumers and help existing businesses. He thanked the Council and Kathleen Cekanski - Farrand for the preparation of this bill. Mike Seitz, Business Manager South Bend /Mishawaka Area Chamber of Commerce, spoke in favor of the bill. He indicated that this bill will help protect existing business. He stated that the bill would also allow for retailers to do business on an equal level. Council Member Luecke made a motion to amend this bill, seconded by Council Member Voorde. The motion carried. Council Member Luecke made a motion to recommend this bill favorable as amended, seconded by Council Member Voorde. The motion carried. BILL NO. 26 -90 A BILL AMENDING CHAPTER 21, ARTICLE 5, SECTION 21 -93(B) OF THE SOUTH BEND MUNICIPAL CODE. Council Member Slavinskas made a motion to strike this bill, seconded by Council Member Voorde. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Voorde made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: ATTEST: City Clerk Chairman 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 7:40 p.m. Council President Zakrzewski presiding and eight members present. BILLS, THIRD READING ORDINANCE NO. 8086 -90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 4 -17 AND 4 -43, 4 -60, AND 4 -64 BY THE ADDITION OF LICENSING REGULATIONS ADDRESSING TRANSIENT MERCHANTS. This bill had third reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Niezgodski. The motion carried. Council Member Luecke made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of eight ayes. RESOLUTIONS 90 -26 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 1111 S. MAIN ST. TO BE A ECONOMIC REVITALIZATION AREA FOR PURPOSES OF 6 YEAR REAL PROPERTY TAX ABATEMENT FOR 3 -G PROPERTIES. Council Member Luecke made a motion to continue this resolution to the June 11, 1990 meeting, seconded by Council Member Niezgodski. The motion carried. rN REGULAR MEETING MAY 14, 1990 RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 109 N. HILL, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (3) YEAR REAL PROPERTY TAX ABATEMENT FOR EAST RACE VILLA'S. 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 109 N. Hi Street, South Bend, Indiana, and which is more particularly described as follows: Parcels No. E9 -8a and E9 -8b The South Half (1/2) of Lot Numbered One Hundred (100) as shown in the Original Plat of the Town of Lowell, now a part of the City of South Bend, St. Joseph County, Indiana, as shown in Plat Book J, page 455. F OT E Lot Numbered One Hundred One (101) and a lot or parcel of land 3 feet in width, North and South, and taken off of the entire length of the North side of Lot Numbered One Hundred Two (102) all in the Original Plat of the Town of Lowell, now a part of the City of South Bend, St. Joseph County, Indiana, as shown in Plat Boo] J, page 455. and The North One -half (1/2) of Lot Numbered One Hundred (100) as shown on the Original Plat of the Town of Lowell, now a part of the City of South Bend. Subject to all covenants, conditions, restrictions, easements and reservations of record, and to zoning ordinances. 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 qualification 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 purpose of tax abatement. Such designation is for real property tax abatement o 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. SECTION III. This Resolution shall be in full force effective from and after its adoption by the Common Council and approval by the Mayor. s /Thomas Zakrzewski Member of the Common Council A public hearing was held on the resolution at this time. Karl Schramm, P. O. Box 1243, Mishawaka made the presentation on the resolution. He indicated that the project will consist of 14 individual 2 bedroom Condo's and will be located at 109 N. Hill St. He indicated that the estimated cost of the project is $550,000.00. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1788 -90 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 LOTS 1 AND 2 OF THE PROPOSED (UNRECORDED) MICHIANA REGIONAL INDUSTRIAL PARK WHICH IS LOCATED NEAR THE CLEVELAND ROAD INTERSECTION WITH BRICK ROAD AT THE U.S. 31 NORTH BY -PASS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR PENZ REALTY /PENZ ENTERPRISES, 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 Clerk for consideration REGULAR MEETING MAY 14, 1990 commonly known as Lots 1 and 2 of the proposed (unrecorded) Michiana Regional Industrial Park which is located near the Cleveland Road intersection with Brick Road at the U.S. 31 North By -Pass, South Bend, Indiana, and which is more particularly described as follows: A parcel of land being a part of the Southwest Quarter of Section 17, Township 38 North, Range 2 East in German Township, St. Joseph County Indiana and being more particularly described as follows: Commencing at the Southwest Quarter of said Section 17, thence North zero (0) degrees four (4) minutes three (3) seconds east (all bearings in this description are based on the East line of the Southwest Quarter of said Section 17, said line having an assumed bearing of North zero (0) degrees zero (0) minutes zero (0) seconds East) along the West line of said Southwest Quarter a distance of two hundred (200) feet to a point; said point being the true place of beginning of this description; thence continuing North zero (0) degrees four (4) minutes three (3) seconds east along said West line a distance of four hundred (400) feet to a point; thence South eight -nine (89) degrees thirty -nine (39) minutes six (6) seconds East a distance of six hundred twenty -five (625) to a point; said point being thirty (30) feet West measured at right angles to the centerline of the proposed Michiana Drive; thence South parallel to said centerline of Michiana Drive approximately a distance of five hundred ten (510 + / -) feet to a point; said point being ninety (90) feet North measured at right angles to Brick Road; thence following a fifty foot radius from South to West to a point; said point being at the tangent between the fifty (50) foot radius and a parallel line being forty (40) feet North measured at right angles to the centerline of Brick Road; thence North eight -nine degrees thirty -nine (39) minutes six (6) seconds West a distance of approximately one hundred five (105 + / -) feet to a point; thence North zero (0) degrees twenty -two (22)minutes thirty -eight (38) seconds East a distance of one hundred sixty -five (165) feet to a point; thence North eight -nine (89) degrees thirty -nine (39) minutes six (6) seconds West a distance of one hundred thirty -eight (138) feet to a point; thence South zero (0) degrees twenty -two (22) minutes thirty -eight (38) seconds West a distance of one hundred sixty -five feet to a point; thence North eight -nine (89) degrees thirty -nine (39) minutes six (6) seconds West a distance of sixty (60) feet to a point; thence North zero (0) degrees twenty -two (22) minutes thirty -eight (38) seconds East a distance of one hundred sixty (160) feet to a point; thence North eight -nine (89) degrees thirty -nine (39) minutes six (6) seconds West a distance of three hundred thirty (330) feet to the point of beginning. Containing 6.70 acres more or less. (Lots 1 & 2 of the Proposed and unrecorded subdivision Michiana Regional Industrial Park, Cleveland and Brick Roads at the ByPass, U.S. 31 North, St. Joseph County Indiana) 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 se .1 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 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. 50IF-7 REGULAR MEETING MAY 14, 1990 described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth as Sections I throug] II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits from prescribed by the State Board of Accounts are sufficien- 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 thl 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, 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 it adoption by the Common Council and approval by the Mayor. s /Thomas Zakrzewski Member of the Common Council RESOLUTION NO. 1789 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHI THE CITY OF SOUTH BEND COMMONLY KNOWN AS LOTS 1 AND OF THE PROPOSED (UNRECORDED) MICHIANA REGIONAL INDUSTRIAL PARK WHICH IS LOCATED NEAR THE CLEVELAND ROAD INTERSECTION WITH BRICK ROAD AT THE U.S. 31 NORTH BY -PASS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PENZ REALTY /PENZ ENTERPRISES, INC. /PEN PRODUCTS, INC. 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, requesting that the area commonly known as Lots 1 and 2 of the proposed (unrecorded) Michiana Regional Industrial Park which is located near the Cleveland Road intersection with Brick Road at the U.S. 31 North By -Pass, South Bend, Indiana, and which is more particularly described as follows: A parcel of land being a part of the Southwest Quarter of Section 17, Township 38 North, Range 2 East in German Township, St. Joseph County Indiana and being more particularly described as follows: Commencing at the Southwest Quarter of said Section 17, thence North zero (0) degrees four (4) minutes three (3) seconds east (all bearings in this description are based on the East line of the Southwest Quarter of said Section 17, said line having an assumed bearing of North zero (0) degrees zero (0) minutes zero (0) seconds East) along the West line of said Southwest Quarter a distance of two hundred (200) feet to a point; said point being the true place of beginning of thie description; thence continuing North zero (0) degrees four (4) minutes three (3) seconds east along said West line a distance of four hundred (400) feet to a point thence South eight -nine (89) degrees thirty -nine (39) minutes six (6) seconds East a distance of six hundred twenty -five (625) to a point; said point being thirty (30) feet West measured at right angles to the centerline of the proposed Michiana Drive; thence South parallel to said centerline of Michiana Drive approximately a distance of five hundred ten (510 + / -) feet to a point; said point being ninety (90 feet North measured at right angles to Brick Road; thence following a fifty foot radius from South to West to a point; said point being at the tangent between the fifty (50) foot radius and a parallel line being forty (40) feet North measured at right angles to the centerline of Brick Road; thence North eight -nine degrees thirty -nine (39) minutes six (6) seconds West a distance of approximately one hundred five (105 + / -) feet to a point; thence North zero (0) degrees twenty -two (22)minutes thirty -eight (38) seconds East a distance of one hundred sixty -five (165) feet to a point; thence North eight -nine (89) degrees thirty -nine (39) minutes six (6) seconds West a distance of one hundred thirty -eight (138) feet to point; thence South zero (0) degrees twenty -two (22) minutes thirty -eight (38) seconds West a distance of one hundred sixty -five feet to a point; thence North eight -nine (89) degrees thirty -nine (39) minutes six (6) seconds West a distance o sixty (60) feet to a point; thence North zero (0) degrees twenty -two (22) minutes thirty -eight (38) seconds East a distance of one hundred sixty (160) feet to a point; thence North eight -nine (89) degrees thirty -nine (39) minutes six (6) seconds West a distance of three hundred thirty (330) feet to the point of beginning. Containing 6.70 acres more or less. 506 REGULAR MEETING MAY 14, .., Park, Cleveland and Brick Roads at the ByPass, U.S. 31 North, St. Joseph County _) ...a -��= �..��- .e�3...a..;.�.�u.• ....•ter... - - r..�u..c.• r. cr_ �•.....r_ � •.c. tirrc. �. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seg., and South Bend Municipal Code Section 2 -76 et sect., 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 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 Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seg., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et seg., 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 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. 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 as set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits from 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 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 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 /Thomas Zakrzewski Member of the Common Council A public hearing was held on the above resolutions. Council Member Luecke made a motion to combine both bills for the purpose of public hearing, seconded by Council Member Slavinskas. The motion carried. Council Member Luecke indicated that the Human Resources and Economic Development Committee met on these bills and recommends them favorable. Ernest Szarwark, Attorney, Barnes & Thornburg, 100 N. Michigan St., made the presentation on the bill. He stated that the project will consist of construction of a building providing 60,000 square feet of manufacturing space and 4,00 square feet of related office space. He indicated that Penz Products is engaged in light steel fabrication and vacuum forming plastic as well as distribution of products on a national basis. He stated that the project will 14, 1990 create 10 new permanent jobs with an annual payroll of $145,000 and will maintain 60 existing permanent full -time and 3 existing permanent part -time jobs with an annual payroll of $1,313,700. Council Member made a motion to adopt Resolution No, 1788 -90, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of eight ayes. Council Member Luecke made a motion to adopt Resolution No. 1789 -90, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of eight ayes. Council Member Luecke noted that befor( the confirming resolution is to be passed he asked the petitioner to send a letter stating that they are interested in working with the Employment Training Services of St. Joseph County. RESOLUTION NO. 1790 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH ST. JOSEPH COUNTY, INDIANA, THE TOWN OF NEW CARLISLE, INDIANA AND PROJECT FUTURE FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF A ACCESS ROAD AND WATER AND SEWER SYSTEMS. WHEREAS, the Mayor of the City of South Bend is the Chief Executive officer of the City; and WHEREAS, the Board of Public Works is the contracting agent for the City and oversees sewage operations for the City; and WHEREAS, the City of South Bend, Indiana will benefit from the location of a large steel plant to be constructed in western St. Joseph County by I/N Kote, and from other future projects in that area. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, AS FOLLOWS: 1. That the Mayor of the City of South Bend, Indiana is hereby authorized to ente3 into the attached Agreement with St. Joseph County, New Carlisle and Project Future and to enter into other Agreements for other future projects in that area pursuant to the Interlocal Cooperation Act, I. C. 36 -1 -7 -1 et se g., 2. This Resolution shall be in full force and effect from and after its passage b� the Common Council and its approval by the Mayor- s/Thomas Zakrzewski Member of the Common Council A public hearing was held on the resolution at this time. Richard Nussbaum, City Attorney, made the presentation on the bill at this time. He stated that this resolution would allow the City to enter into an agreement for the I/N Kote project. Council Member Puzzello made a motion to adopt this resolution, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of eight ayes. BILLS FIRST READING BILL NO. 27 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT CRESCENT AVENUE, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Voorde made a motion to refer this bill to Area Plan, seconded by Council Member Niezgodski. The motion carried. BILL NO. 28 -90 A BILL AMENDING THE NORTH SIDE OF THE 2000 BLOCK OF EAST IR ROAD, SOUTH BEND, INDIANA. This bill had first reading. Council Member Niezgodski made a motion to refer bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 29 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT T NORTHWEST CORNER OF HOWARD STREET AND NOTRE DAME AVENUE IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 30 -90 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH -SOUTH ALLEY NORTH OF THE 1ST VACATED EAST -WEST ALLEY NORTE OF NAVARRE STREET BETWEEN NORTH MICHIGAN STREET AND VACATED NORTH MAIN STREET, RUNNING NORTH TO THE 2ND VACATED EAST -WEST ALLEY NORTH OF NAVARRE STREET BETWEEN NORTH MICHIGAN STREET AND VACATED NORTH MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 180 FEET BY 14 FEET AND LYING BETWEEN AND ALONG ALL OF THE WEST SIDF OF LOTS 10, 11, AND 12 OF BARTLETT'S FIRST ADDITION TO THE CITY OF SOUTH BEND AND ALL OF THE EAST SIDE OF LOTS 23, 24 AND 25 OF BARTLETT'S FIRST ADDITION TO THE CITY OF SOUTH BEND. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing June 11, 1990, seconded by Council Member Niezgodski. The motion carried. BILL NO. 31 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING MONIES FROM THE NEXT DOOR NEIGHBOR PROGRAM FUND. REGULAR MEETING MAY 14, 1990 'o-L This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing June 11, 1990, seconded by Council Member Luecke. The motion carried. BILL NO. 32 -90 A BILL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 21, ARTICLE 1, SECTION 21 -1 (A) (112) OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND ADDRESSING THE DEFINITION OF SWIMMING POOL. This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Niezgodski. The motion carried. BILL NO. 33 -90 A BILL AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "VEHICLES AND TRAFFIC" This bill had first reading. Council Member Niezgodski made a motion to set this bill for second reading and public hearing June 11, 1990, seconded by Council Member Puzzello. The motion carried. UNIFINISHED BUSINESS Council Member Luecke made a motion to send Bill No. 26 -90 to Area Plan, seconded by Council Member Puzzello. The motion carried. NEW BUSINESS BZA Petition - Pioneer Auto Association, Inc. - 4 -H Fairgrounds No action taken on the above petition. BZA Petition - St. Joseph County Sheriff's Posse - 4 -H Fairgrounds A public hearing was held on the above petition. Tom Riddell, President, St. Joseph County Sheriff's Posse, 3808 Carrol St., made the presentation on the petition. He indicated that this is the fifth year for the rodeo. Council Member Luecke made a motion to recommend this petition favorable, seconded by Council Member Niezgodski. The motion carried by a roll call vote of eight ayes. PRIVILEGE OF THE FLOOR Council Member Soderberg stated that he was a patron at the Studebaker National Museum, "Building a Race Car" sponsored by Walt Disney Studios. If anyone is interested, please make donations to the Studebaker National Museum. 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 Puzzello. The motion carried and the meeting was adjourned at 8:10 p.m. ATTEST: City Clerk APPROVED: President