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HomeMy WebLinkAbout09-24-90 Council Meeting Minutes86 REGULAR MEETING SEPTEMBER 24 1990 - -- -__ Council Chambers of the County -City Building on Monday, September 24- g =199p, 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, and Voorde Absent: Council Member Duda 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 September 10, 1990 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Tom Zakrzewski /s/ Ann Puzzello Council Member Coleman made a motion that the minutes of the September 10, 1990, meeting of the Council be accepted and placed on file, seconded by Council Member Luecke. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1804 -90 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL AUTHORIZING THE TEMPORARY TRANSFER OF FUNDS OF THE CITY OF SOUTH BEND, INDIANA FROM VARIOUS FUNDS TO VARIOUS FUNDS WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA. WHEREAS, it is necessary to provide funds for the Cumulative Capital Improvement Fund (hereafter "CCIF") in calendar year 1990 to fund the purchase of real estate to house centralized vehicle maintenance facilities of the City of South Bend, Indiana (hereafter, the "City "); and WHEREAS, there are monies on deposit to the credit of the City's General Fund, which can be advanced or transferred, temporarily, to CCIF; and WHEREAS, Indiana Code 36 -1 -8 -4 authorizes the Common Council of the City of south Bend, Indiana, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such period of time as may be prescribed by the Resolution. RESOLUTION NO. 1805 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE PURCHASE OF REAL PROPERTY. WHEREAS, The City of South Bend, Indiana is owner of certain real property and improvements located at 701 W. Sample Street and known as the City's Municipal Services Building, which building houses the City's vehicle maintenance facility; and WHEREAS, said vehicle maintenance facility is used and staffed by the City's Equipment Services division and houses the City's vehicle repair and maintenance operations; and WHEREAS, said vehicle maintenance facility comprises approximately 25,900 square feet, which area is insufficiently large to accommodate all of the City's vehicle repair and maintenance needs, which insufficiently results in the inefficient operation of the City's vehicle maintenance operations and added cost of such operations; and WHEREAS, said vehicle maintenance facility is plagued with structural and operational problems, the most serious of which is an inadequate ventilation and exhaust system which results in the build -up of gas fumes and exhaust during the engine operation which occurs constantly throughout the work day; and WHEREAS, the existing ventilation system at said vehicle maintenance facility is inadequate and contributions to a substandard work environment for the City's equipment services personnel; and WHEREAS, the most efficient and cost effective allocation of resources warrants the relocation of the City's vehicle repair and maintenance operations from said vehicle maintenance facility to a new facility that is both adequately sized to house all of the City's vehicle repair and maintenance operations and which shall be properly ventilated and otherwise equipped; and WHEREAS, the owners of the real estate and improvements at 1045 West Sample Street, South Bend formerly housing the National Mill Supply operations warehouse are desirous of selling such real estate maintenance 87 facility; and WHEREAS, the Director of the Department of Public Works has inspected said National Mill Supply property and has found it to be adequately sized and, with improvements, otherwise suited for use as the City's vehicle maintenance facility; and WHEREAS, the Board of Public Works has rectified the appointment of two (2) appraisers professionally engaged in making appraisals and has obtained from them two (2) appraisals of the National Mill Supply property; and WHEREAS, said appraisals were filed with the Board of Public Works on the 27th day of August, 1990, and WHEREAS, said appraisals have appraised the National Mill Supply property at $600,000.00 and $615,000.00; and WHEREAS, on the 27th day of August, 1990, the Board of Public Works adopted Resolution 19 -1990, expressing its interest in purchasing the National Mill Supply property for $580,000.00, subject to compliance with I.C. 36 -1 -10.5 and subject to the transfer and appropriation of adequate funds by the Common Council for the City of South Bend, Indiana. 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 expresses interest in purchasing the following described real property: A part of Parcel 2 in the "Inner Belt Industrial Park ", a Subdivision in the Southeast and Southwest Quarters of Section 11, and the Northeast Quarter of Section 14, all in Township 37 North, Range 2 East, the Plat of which is recorded in Plat Book 21, page 1, in the office of the Recorder of said County and State, which is more particularly described as follows: Beginning at point 428.71 feet East of the Southwest corner of said Parcel 2, thence West 428.71 feet; thence North 743.76 feet; thence East 428.71 feet, thence South 745.03 feet to the place of beginning. Including all improvements thereto either permanently installed, or which belong to or are used in connection with the real estate, wherever located. more commonly known, and referred to herein, as the National Mill Supply property at 1045 W. Sample Street, South Bend, Indiana. SECTION II. That the Common Council of the City of South Bend, hereby accepts for filing the appraisals of the National Mill Supply property prepared by Jerome Michaels, which appraisal values said property at $600,000.00, and hereby accepts for filing the appraisal of the National Mill Supply property prepared by R.E. McCloskey and Associates, which appraisal values said property at $615,000.00. SECTION III. That the Common Council of the City of South Bend hereby approves the offer to purchase said National Mill Supply property for $580,000.00, as said offer is set forth in the "Agreement to Purchase," a true and complete copy of which is attached hereto and incorporate herein, said offer complying with the limits prescribed by I.C. 36 -1- 10.5.6. SECTION IV. This resolution shall be in full force and effect upon its adoption. Adopted at the September 24, 1990, meeting of the Common Council of the City of South Bend, Indiana. Member of the Common Council A public hearing was held on the resolutions at this time. Council Member Luecke made a motion to combine the resolutions for the purpose of public hearing, seconded by Council Member Puzzello. The motion carried. Katie Humphreys, City Controller, made the presentation on the resolutions. She indicated that the resolutions accompany each other to allow for the transfer of funds for the purchase of real property at 1045 W. Sample St. She stated that the purchase of the property is to be used as a centralized vehicle maintenance facility. Council Member Voorde made a motion to adopt Resolution No. 1804 -90, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of eight ayes. Council Member Puzzello made a motion to adopt Resolution No. 1805 -90, seconded by Council Member Voorde. The resolution was adopted by a roll call vote of eight ayes. 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 24, 1990, at 7:10 p.m., with eight members present. Chairman Coleman presiding. 88 BILL NO. 66 -90 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY SOUTH OF WESTERN AVENUE, RUNNING WEST FROM MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET TO THE EAST LINE OF THE 1ST NORTH -SOUTH ALLEY WEST OF MAIN STREET, ALL IN MARTIN'S ADDITION This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable, as amended. Tom McCalley, 711 N. College, Carmel, IN made the presentation on the bill. He indicated that the vacation would allow for parking to be used by the owner. Kathleen Cekanski - Farrand, City Council Attorney read the amendments into the record: She stated that Section V should be renumbered to Section VI and new Section V should read as follows: This vacation is subject to an appropriate easement agreement being approved by the City Engineering Department. Council Member Luecke made a motion to amend this bill, seconded by Council Member Coleman. The motion carried. Council Member Voorde made a motion to recommend this bill favorable, as amended, seconded by Council Member Niezgodski. The motion carried. BILL NO. 74 -90 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF JEFFERSON STREET, FROM THE WEST LINE O FRANCES STREET RUNNING WEST FOR A DISTANCE OF APPROXIMATELY 165 FEET TO THE EAST LINE OF THE FIRST INTERSECTING NORTH -SOUTH ALLEY WEST OF FRANCES STREET ALL IN BARMAN'S SUBDIVISION OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable, as amended. Scott Keller, Attorney, Barnes & Thornburg, 600 1st Source Bank Center, made the presentation on the bill. He stated that he is representing the petitioner, Dr. James V. Macri. He indicated that the purpose of the vacation is to permit expansion of a paved parking lot for an orthodontist's office and a residential rental property. Kathleen Cekanski - Farrand, City Council Attorney read the amendments into the record: re- number Section V to Section VI, New Section V to read as follows: This vacation is subject to an appropriate easement agreement being approved by the City Engineering Department. Council Member Niezgodski made a motion to amend this bill, seconded by Council Member Voorde. The motion carried. Council member Niezgodski made a motion to recommend this bill to Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 75 -90 A BILL APPROPRIATING $20,812 TO VARIOUS ACCOUNT WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponen and opponents were given an opportunity to be heard. Ann Kolata, Deputy Director Economic Development made the presentation on the bill. She indicated that the bill is requesting an appropriation from the Studebaker Corridor Bond proceeds to the Economic Development Department. She stated that this will allow for reimbursement for appraisals done for and paid by the Economic Development Department. Council Member Puzzello made a motion to recommend this bill to Council favorable, seconded by Council Member Voorde. The motion carried. BILL NO. 76 -90 A BILL OF THE SOUTH BEND COMMON COUNCIL APPROPRIATING FUNDS THE CUMULATIVE CAPITAL IMPROVEMENT FUND. This being the time heretofore set for public hearing on the above bill, proponen and opponents were given an opportunity to be heard. Council Member Ann Puzzello stated that the Personnel & Finance Committee met on this bill and recommends it Council favorable. Katie Humphreys, City Controller made the presentation on the bill. She indicated that the purpose of this bill is to appropriate monies for t municipal services facility. Council Member Soderberg made a motion to recommend this bill favorable, seconded by Council Member Luecke. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Coleman made a motion to rise and report to the Council, seconded by Counci: Member Luecke. The motion carried. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of the Council Chambers on the fourth floor of Council President Zakrzewski presiding and aSLQC_QQ matte Chairman the City of South Bend reconvened in the County -City Building at 7:29 p.m. eight members present. 8( to BILLS, THIRD READING ORDINANCE NO. 8125 -90 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY SOUTH OF WESTERN AVENUE, RUNNING WEST FROM MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET TO THE EAST LINE OF THE 1ST NORTH -SOUTH ALLEY WEST OF MAIN STREET, ALL IN MARTIN'S ADDITION This bill had third reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Voorde. The motion carried. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8126 -90 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF JEFFERSON STREET, FROM THE WEST LINE OF FRANCES STREET RUNNING WEST FOR A DISTANCE OF APPROXIMATELY 165 FEET TO THE EAST LINE OF THE FIRST INTERSECTING NORTH -SOUTH ALLEY WEST OF FRANCES STREET ALL IN BARMAN'S SUBDIVISION OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had third reading. Council Member Slavinskas 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 Slavinskas made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8127 -90 AN ORDINANCE APPROPRIATING $20,812 TO VARIOUS ACCOUNT WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of eight ayes. NO. 8128 -90 AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL APPROPRIATING FUNDS FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND. This bill had third 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. RESOLUTIONS RESOLUTION NO. 1806 -90 A RESOLUTION APPROVING AN INTERLOCAL GOVERNMENTAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND THE TOWN OF NEW CARLISLE, INDIANA CONCERNING WASTEWATER PRETREATMENT ACTIVITIES. WHEREAS, on June 15, 1989, the City of South Bend, Indiana, and the Town of New Carlisle, Indiana executed a Wastewater Services Agreement under which South Bend agrees to accept wastewater from New Carlisle and to process and dispose of the same; and WHEREAS, on January 23, 1990, New Carlisle enacted a sewer use ordinance (Ordinance No. 756) and an industrial pretreatment ordinance substantially similar to South Bend's sewer use and industrial pretreatment ordinance; and _ WHEREAS, South Bend has developed the specialized skill and knowledge necessary to carry out the pretreatment activities including the inspection, surveillance, monitoring and testing procedures contemplated by and required under South Bend's sewer use ordinance; and WHEREAS, New Carlisle does not possess the requisite skill and knowledge to carry out, effectively, pretreatment activities of the type contemplated by its sewer use and industrial pretreatment ordinances, activities substantially similar to those pretreatment activities carried out by and within South Bend; and WHEREAS, New Carlisle is desirous of availing itself of South Bend's skill and knowledge with respect to the implementation and operation of such pretreatment activities. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. The WASTEWATER PRETREATMENT SERVICES AGREEMENT by and between 1'U the City of South Bend, Indiana and the Town of New Carlisle, Indiana, attached hereto, shall be and hereby is approved and the Board of Public Works and the Mayor of the City of South Bend, Indiana shall be and hereby are authorized to execute said agreement on behalf of the City of South Bend, Indiana. SECTION II. This Resolution shall be in full force and effect upon its adoption Adopted this 24th day of September, 1990. MEMBERS OF THE SOUTH BEND COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. Stephen Luecke Don Niezgodski William Soderberg Ann Puzzello Lee Slavinskas Thomas Zakrzewski Sean Coleman Loretta Duda A public hearing was held on the resolution at this time. Jenny Pitts - Manier, Assistant City Attorney made the presentation on the bill. She indicated that the City of South Bend and the Town of New Carlisle have entered into an agreement to provide wastewater treatment activities. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1807 -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 715 WEST IRELAND ROAD, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR THE CONSTRUCTION OF REDI -MIX CONCRETE PLANT BY TRANSIT -MIX, INC., AN INDIANA CORPORATION 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, requestin that the area commonly known as 715 West Ireland Road, South Bend, Indiana, and which is more particularly described as follows; A part of the Northeast Quarter of Section 26, Township 37 North Range 2 East, Center Township, St. Joseph County, Indiana, described as follows: Beginning at a found stone located at the Northeast corner of the Southwest Quarter of said Northeast Quarter; thence South 0 -58 -10 West along the East line of said quarter section a distance of 965.19 feet to the Northeast corner of the parcel described in a deed to Lyle E. Osborne and Mildred M. Osborne recorded as Instrument number 7910794 in the Office of the Recorder of St. Joseph County, Indiana; thence South 90 -00 -00 West 288.74 feet (288.62 feet record) to the Northwest corner of said Osborne parcel and its Southerly extension a distance of 345.00 feet to the South line of said Northeast Quarter (centerline of Ireland Road; thence South 90 -00 -0 West (record bearing) along said south line a distance of 39.70 feet; thence North 0 -00 -00 East 1140.00 feet to the Northeast corner of the parcel described in a deei to Rosemary D. McNamee recorded as Instrument number 9002603 in the office of the recorder of St. Joseph County, Indiana; thence South 90 -00 -00 West along the North line of said McNamee parcel a distance of 301.36 feet to the Easterly right -of -way line of the Pennsylvania Railroad; thence North 28 -57 -19 East along said railroad right -of -way line a distance of 642.65 feet; thence South 18 -58 -09 East 415.35 feet; thence North 89 -50 -42 East 200.00 feet to the point of beginning. 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 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. -91 u w: e 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 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 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 form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6- 1.1 -12 -13 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 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 three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council RESOLUTION NO. 1808 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 715 WEST IRELAND ROAD, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR THE CONSTRUCTION OF A REDI -MIX CONCRETE PLANT BY TRANSIT -MIX, INC., AN INDIANA CORPORATION 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 715 West Ireland Road, South Bend, Indiana, and which is more particularly described as follows: A part of the Northeast Quarter of Section 26, Township 37 North Range 2 East, Center Township, St. Joseph County, Indiana, described as follows: Beginning at a found stone located at the Northeast corner of the Southwest Quarter of said Northeast Quarter; thence South 0 -58 -10 West along the East line of said quarter section a distance of 965.19 feet to the Northeast corner of the parcel described in a deed to Lyle E. Osborne and Mildred M. Osborne recorded as Instrument number 7910794 in the Office of the Recorder of St. Joseph County, Indiana; thence South 90 -00 -00 West 288.74 feet (288.62 feet record) to the Northwest corner of said Osborne parcel and its Southerly extension a distance of 345.00 feet to the South line of said Northeast Quarter (centerline of Ireland Road; thence South qG 90 -00 -0 West (record bearing) along said south line a distance of 39.70 feet; thence North 0 -00 -00 East 1140.00 feet to the Northeast corner of the parcel described in a deed to Rosemary D. McNamee recorded as Instrument number 9002603 in the office of the recorder of St. Joseph County, Indiana; thence South 90 -00 -00 West along the North line of said McNamee parcel a distance of 301.36 feet to the Easterly right -of -way line of the Pennsylvania Railroad; thence North 28 -57 -19 East along said railroad right -of -way line a distance of 642.65 feet; thence South 18 -58 -09 East 415.35 feet; thence North 89 -50 -42 East 200.00 feet to the point of beginning. be designated as an Economic Revitalization Area under the provisions of Indiana Code 601.1- 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 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 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 new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in 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 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. A public hearing was held on the resolution at this time. Council Member Luecke made a motion to combine Resolution Nos. 1807 -90 and 1808 -90 for the purpose of public hearing, seconded by Council Member Niezgodski. The 93 motion carried. Council Member Luecke stated that the Human Resources and Economic Development Committee met on the above mentioned bills and recommends them to the Council favorable. Harold Wyland, P. O. Box 158, Plymouth, IN made the presentation on the bill. He indicated that the project will allow for the construction of a new state -of- the -art ready -mix concrete plant containing approximately 10,012 sq. ft. which will greatly expedite the delivery time for the purchase of concrete in and around South Bend area and with will also improve the quality of the concrete by the expedited delivery time since concrete is a perishable product. He stated that the estimated total square footage and the estimated total cost of the project which is in addition to the purchase price for the 10.35 acre tract of real estate purchased for Fifty Five Thousand Dollars ($55,000.00.) Council Member Luecke stated that upon granting the confirming tax abatement a letter from the petitioner is necessary stating that the petitioner agrees to work with Employment Training Services. Council Member Luecke made a motion to adopt Resolution No. 1807 -90, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. Council Member Coleman made a motion to adopt Resolution No. 1808 -90, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1809 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 710 -720 SOUTH FELLOWS STREET, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR THE TECH CENTRE BUILDING 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 710 - 720 South Fellows Street, South Bend, Indiana, and which is more particularly described as follows: Lots 59 - 64 & 67 - 72 Rush's 4th Add. & 14; Vac. Alley & 27.5' x 239.53; vac. Rust St. known as parcel #11 Monroe - Sample Redevelopment Area. be designated as an Economic Revitalization Area under the previsions of Indiana Code 6 -1.1- 12.1 -1 et seq., and; WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with 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 are 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 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 reasonable 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 set forth as sections I through II of the Petition for Real Property Tax a] Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for 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 three (3) 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 to 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. Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke made a motion to amend this bill, by correcting the number of years from six (6) to three (3) in the Title and in Section VI, seconded by Council Member Niezgodski. The motion carried. Council Member Luecke stated that the Human Resources and Economic Development Committee met on this bill and recommends it to Council favorable as amended. William Panzica, 422 E. Monroe St., South Bend, IN made the presentation on the bill. He stated that the petition proposes to construct a 6,400 square foot building to be used for a warehouse distribution center for Smithkline Beecham Animal Health Products. He indicated that the project will create six (6) new permanent full time jobs within the first year with an annual payroll of $108,000 and will maintain nine (9) existing permanent full time jobs with an annual payroll of $162,000. He stated that the total project cost is expected to be $300,000. Council Member Luecke stated that upon granting the confirming tax abatement a letter from the petitioner is necessary stating that the petitioner agrees to work with Employment Training Services. Council Member Luecke made a motion to adopt this resolution as amended, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of eight ayes. BILL NO. 90 -47 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 419 SOUTH MAIN, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOCIAL SECURITY ADMINISTRATION Council Member Luecke made a motion to continue this bill to the October 8, 1990 meeting of the Council, seconded by Council Member Voorde. The motion carried. BILLS, FIRST READING BILL NO. 79 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A LEASE FOR CERTAIN LAND AND PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION. This bill had first reading. Council Member Puzzello made a motion to set this bill for third reading and public hearing October 8, 1990, seconded by Council Member Luecke. The motion carried. BILL NO. 80 -90 A BILL ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THERETO. This bill had first reading. Council Member Niezgodski made a motion to set this bill for third reading and public hearing October 8, 1990, seconded by Council Member Coleman. The motion carried. BILL NO. 81 -90 A BILL ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THERETO. This bill had first reading. Council Member Puzzello made a motion to set this bill for third reading and public hearing October 8, 1990, seconded by Council Member Voorde. The motion carried. - w: 90:: - UNFINISHED BUSINESS Bill No. 53 -90 - Rezone Prairie Ave. /Locust Road Bill No. 67 -90 - Rezone 1319 N. Iowa Council Member Luecke made a motion to set the above mentioned bills for public hearing and third reading on October 8, 1990, seconded by Council Member Niezgodski. 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 Niezgodski. The motion carried and the meeting was adjourned at 7:50 p.m. ATTEST: 4" CClerk APPROVED: resident 95