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HomeMy WebLinkAbout10-22-90 Council Meeting Minutes1:0'7 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, October 22, 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, Coleman, Duda and Voorde Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the October 8, 1990 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Coleman made a motion that the minutes of the October 8, 1990, meeting of the Council be accepted and placed on file, seconded by Council Member Luecke. The motion carried. SPECIAL BUSINESS Council President Zakrzewski stated that Council will be November 13, 1990 at 5:00 President Zakrzewski also stated that for Council the filing deadline will be moved to Thanksgiving. COMMITTEE OF THE WHOLE the next meeting of the South Bend Common p.m., due to Veteran's Day. Council the November 26, 1990 meeting of the to Monday November 19, 1990 at noon, due Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on October 22, 1990, at 7:05 p.m., with nine members present. Chairman Coleman presiding. BILL NO. 72 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO VACATE THE 1ST EAST -WEST ALLEY SOUTH OF MISHAWAKA AVENUE, RUNNING EAST FROM 20TH STREET TO IRONWOOD DRIVE FOR APPROXIMATELY 565 FEET IN DUNN'S 1ST ADDITION WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Council Member Slavinskas made a motion to continue this bill to the November 26, 1990 meeting, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 84 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING FUNDS FROM THE LEAF COLLECTION AND REMOVAL SERVICES OPERATIONAL FUND. 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 to Council favorable. Jeff Rinard, Auditor Public Works, made the presentation on the bill. He indicated that the appropriation is to fund the necessary expenses for the leaf pick -up beginning later this month. He stated that the total necessary appropriation is $49,211. Council Member Luecke made a motion to recommend this bill favorable to the Council, seconded by Council Member Duda, The motion carried. BILL NO. 85 -90 A BILL AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE TO ADD ARTICLE 2 THEREUNDER, ENTITLED "CURFEW." 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 Niezgodski made a motion to amend this bill by substitution, seconded by Council Member Puzzello. The motion carried. Council Member Soderberg stated that the Public Safety Committee met on this bill and recommends it favorable to Council. Council Member Don Niezgodski made the presentation on the bill. He stated that the bill amends Chapter 14 of the South Bend Municipal Code to add a new Article, Article 2. He stated that Article 2 is to be added to Chapter 14, which established locally, the same curfew restrictions established by State law, and which deems a parent or guardian to have committed an ordinance violation when his or her minor child or charge commmits a curfew violation. He stated that the ordinance also establishes a graduated fine structure for such an ordinance violation. Jim Caldwell, Administrative Assistant to the Mayor, spoke in favor of the bill. Ron Marciniak, Chief of Police, spoke in favor of the bill. He stated that approximately 50 to 60 percent of the police department's time is spent on juvenile cases. Council Member Luecke made a motion to recommend this bill favorable, as amended, seconded by Council Member Duda. The motion carried. BILL NO. 86 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 4 OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "OFFENSES AGAINST PUBLIC PEACE AND SAFETY." 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 Soderberg stated that the Public Safety Committee met on this bill and recommends it to Council favorable. Council Member Luecke made the presentation on the bill. He indicated that this bill is a follow -up to the large gathering or party ordinance. He also stated that the bill amends Section 13 -57 of the Code that prohibits the creation or sufferance of loud and raucous noises within the City. Jim Caldwell, Administrative Assistant to the Mayor spoke in favor of the bill. Chief Ron Marciniak, South Bend Police Dept. spoke in favor of the bill. He stated that 50 to 60 percent of the police department's time is spent on social disorder. Melvina Price, 1608 N. Olive St., President Near North West Neighborhood Association spoke in favor of the bill. Council Member Niezgodski made a motion to recommend this bill favorable, seconded by Council Member Duda. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Puzello made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: ATTEST: c �o-Qa maw Cityk 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 7:30 p.m. Council President Zakrzewski presiding and eight members present. BILLS, THIRD READING ORDINANCE NO. 8134 -90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING FUNDS FROM THE LEAF COLLECT AND REMOVAL SERVICES OPERATIONAL FUND. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of n ayes. ORDINANCE NO. 8135 -90 AN ORDINANCE AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE TO ADD ARTICLE 2 THEREUNDER, ENTITLED "CURFEW." This bill had second reading. Council Member Niezgodski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Luecke. The motion carried. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8136 -90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 4 OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "OFFENSES AGAINST PUBLIC PEACE AND SAFETY." This bill had second reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1816 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 715 WEST IRELAND ROAD, SOUTH BEND, INDIANA 46614 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR THE CONSTRUCTION OF A REDI -MIX CONCRETE PLANT BY TRANSIT -MIX, INC., AN INDIANA CORPORATION. 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 715 West Ireland Road, South Bend, Indiana 46614, 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 1.09 quarter - 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; thence south 09 -00 -00 West along the8West line 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 iin 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. 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 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: 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 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. 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. RESOLUTION NO. 1817 -90 s /Thomas Zakrzewski Member of the Common Council A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 715 WEST IRELAND ROAD, SOUTH BEND, INDIANA 46614 TO BE 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, 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 715 West Ireland Road, South Bend, Indiana 46614, 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 - 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; thence south 09 -00 -00 West along the8West line 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 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. ,to REGULAR MEETING as an Economic Revitalization Area; and OCTOBER 22, 1990 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 pruposes 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: 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 personal 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 personal property tax deduction for a period of five (5) years. 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 /Thomas Zakrzewski Member of the Common Council A public hearing was held on the resolutions at this time. Council Member Slavinskas made a motion to combine Resolution Nos. 1816 -90 and 1817 -90 for the purpose of public hearing, seconded by Council Member Voorde. The motion carried. Harold Wyland, Attorney, 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 Coleman made a motion to adopt Resolution No. 1816 -90, seconded by Council Member Voorde. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to adopt Resolution No. 1817 -90, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1818 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 419 SOUTH MAIN TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR BRIARWOOD SOUTH BEND PARTNERSHIP. 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 419 South Main and which is more particularly described as follows: Lots 40 & 44' of Lot 41 Martins Addition to City of South Bend, Indiana 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 purpose 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: 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. Ill 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. Wilson Feld, Representative Briarwood Development made the presentation on the bill. He stated that the project will consist of the construction of an 8,000 sq. ft. single story office building. He stated that the building will be used by the local Social Security Administration Office. Council Member Puzzello made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. - RESOLUTION NO. 1819 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 2424 NORTH FOUNDATION DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR NIMET INDUSTRIES, 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 2424 North Foundation Drive and which is more particularly described as follows: A parcel of land in part of the South Half of Section 28, township 38 north, Range 2 East, German Township, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of said Section; thence North 90 degrees 00 minutes 00 seconds West 2642.71 feet to the Southeast corner of the Southwest Quarter of said Section; thence South 89 degrees 57 minutes 33 seconds West 171.27 feet; thence North 0 degrees 00 minutes 47 seconds East 528.56 feet; thence South 89 degrees 59 minutes 13 seconds East 40 feet to the point of beginning of this description: thence North 0 degrees 00 minutes 47 seconds East 375.00 feet; thence South 899 degrees 59 minutes 13 seconds East 450.00 feet; thence South 0 degrees 00 minutes 47 seconds West 375.00 feet; thence North 89 degrees 59 minutes 13 seconds West 450.00 feet to the point of beginning and containing 3.874 acres, more or less. The bearing of the South line of the Southeast Quarter of Section 28 is assumed North 90 degrees 00 minutes 00 seconds West. 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 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: 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 abatment. Such designation is for real proeprty 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. SECTION III. This Resolution shall be in full force and effect from and aftr its adoption by the Common Council and approval by the Mayor. s /Thomas Zakrzewski Member of the Common Council RESOLUTION NO. 1820 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 2424 NORTH FOUNDATION DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR NIMET, INDUSTRIES, 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 abatment consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2424 North Foundation Drive and which is more particularly described as follows: 12 REGULAR MEETING A parcel of land in part of the South Half 2 East, German Township, St. Joseph County, OCTOBER 22, 1990 of Section 28, township 38 north, Range Indiana, described as follows: Commencing at the southeast corner of said Section; thence North 90 degrees 00 minutes 00 seconds West 2642.71 feet to the Southeast corner of the Southwest Quarter of said Section; thence South 89 degrees 57 minutes 33 seconds West 171.27 feet; thence North 0 degrees 00 minutes 47 seconds East 528.56 feet; thence South 89 degrees 59 minutes 13 seconds East 40 feet to the point of beginning of this description: thence North 0 degrees 00 minutes 47 seconds East 375.00 feet; thence South 899 degrees 59 minutes 13 seconds East 450.00 feet; thence South 0 degrees 00 minutes 47 seconds West 375.00 feet; thence North 89 degrees 59 minutes 13 seconds West 450.00 feet to the point of beginning and containing 3.874 acres, more or less. The bearing of the South line of the Southeast Quarter of Section 28 is assumed North 90 degrees 00 minutes 00 seconds West. 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 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: 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 personal 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 personal property tax deduction for a period of five (5) years. 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 /Thomas Zakrzewski Member of the Common Council A public hearing was held on the resolutions at this time. Council Member Puzzello made a motion to combine Resolutions 1819 -90 and 1820 -90 for the purpose of public hearing, seconded by Council Member Slavinskas. The motion carried. Ernest Szarwark, Attorney, Barnes & Thornburg, 6th Floor First Source Bank Center made the presentation on the bill. He indicated that the petitioner proposes to expand its present facility for the use of additional manufacturing space. The expansion will also include the purchase of new manufacturing space. The expansion will also include the pruchase of new manufacturing equipment. The company is in the industrial coating industry serving high end users of industrially coated products. He indicated that the project will create ten (10) new, permanent full time jobs within the first year with an annual payroll of $145,000 and will maintain sixty (60) existing permanent full time and three (3) existing permanent part time jobs with an annual payroll of $1,313,700. RESOLUTION NO. 1821 -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 445 NORTH SHERIDAN AVENUE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR BOLIDEN METECH, 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 445 North Sheridan Avenue, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the Southwest 1/4 of Section 4, Township 37 North Range 2 East located in Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the West line of Sheridan Avenue (80 foot right -of -way) 420.19 feet North (assumed baring) of the North line of Linden Avenue (80 foot right -of -way) which point is also 207 feet West and 460.18 feet North of the Southeast Corner of said Southwest 1/4 of Section 4; thence Northerly along said West line of Sheridan Avenue 673.22 feet to the Southerly right -of -way line of the Consolidated Rail Corporation (formerly the New York Central Railroad); thence North 79018130" West along said Southerly right -of -way line of the Consolidated Rail Corporation 429.83 feet; thence South 99008115" West 749.04 feet to a point 418.30 feet North 00o 03115" East of the North line of Linden Avenue; thence East perpendicular to the West line of Sheridan Avenue 370.56 feet to the point of 113 - � ` -- a e: •e 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., nad 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 CommonCouncil 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 be 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 requirement 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 the purpose of personal property tax abatement and hereby makes such a designation. SECTION V. The Common Council determines that such designationis for personal property tax abatement only and shall be limited to two (2) calendar years fro 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 a 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 Abatmenet to be published, siad publication providing notice of the public hearing before the Common Council on the proposed confimring 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 resolution at this time. Ernest Szarwark, Attorney Barnes & Thornburg, 6th Floor First Source Bank Center. He indicated that the petitioner is in the recycling industry. He stated that the company grinds and pulverizes scrap electrical equipment and recovers various types of metals and raw plastic through a mechanical, non - pollluting process. He stated that this allows the metals to be reclaimed and reused, and also produces plastic which can, similarly, be reused through various industrial processes. He indicated that the project in question is the acquisition of $150,000 of new manufacturing equipment. This project will enable the company to retain 20 existing employees with an annual salary of approximately $417,000 a year, and to add two new employees with annual salaries in the range of $28,000 per year. 114- BILLS, FIRST READING BILL NO. 87 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SAMPLE AND MAYFLOWER ROADS SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Niezgodski. The motion carried. BILL NO. 88 -90 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 619 N. CUSHING, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Niezgodski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 89 -90 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 723 PARK AVENUE, IN THE CITY OF SOUTH BEND;, INDIANA. This bill had first reading. Council bill to Area Plan, seconded by Council BILL NO. 90 -90 A BILL INCREASING APPR WITHIN THE VARIOUS DEP. OF SOUTH BEND, INDIANA Puzzello made a motion to refer this Niezgodski. The motion carried. TIONS AND REDUCING APPROPRIATIONS NTS OF THE GENERAL FUND OF THE CITY THE YEAR 1989. This bill had first reading. Council Member Coleman made a motion to set this bill for second and third readings on November113, 1990, seconded by Council Member Duda. The motion carried. BILL NO. 91 -90 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1990. This bill had first reading. Council Member Puzzello made a motion to set this bill for second and third readings on November 13, 1990, seconded by Council Member Coleman. The motion carried. BILL NO. 92 -90 A BILL TRANSFERRING $30,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Luecke made a motion to set this bill for second and third readings on November 13, 1990, seconded by Council Member Niezgodski. The motion carried. BILL NO. 93 -90 A COMMON COUNCIL FOR THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 20, ARTICLE 1, SECTION 20 -18 OF THE SOUTH BEND MUNICIPAL CODE. This bill had first reading. Council Member Niezgodski made a motion to set this bill for second and third readings on November 13, 1990, seconded by Council Member Coleman. The motion carried. BILL NO. 94 -90 A BILL OF THE COMMON COUNCIL FOR THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 OF THE SOUTH BEND MUNICIPAL CODE, COMMONLY REFERRED TO AS "SCHEDULE OF ORDINANCE AND CODE VIOLATIONS." This bill had first reading. Council Member Puzzello made a motion to set this bill for second and third readings on November 13, 1990, seconded by Council Member Niezgodski. The motion carried. BILL NO. 95 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING PARKING RATES FOR PARKING GARAGES AND PARKING LOTS OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to set this bill for second and third readings on November 13, 1990, seconded by Council Member Voorde. The motion carried. NEW BUSINESS Reports from Area Plan: Bill No. 44 -90 - "Powers and Duties of the Historic Preservation Commission" Bill No. 68 -90 - Rezone Northwest Corner of Jefferson Blvd. & Tuxedo Dr. Bill No. 82 -90 - Rezone U.S. 20 and Old Cleveland Rd. Council Member Slavinskas made a motion to set the above mentioned bills for second and third readings on November 26, 1990, seconded by Council Member Voorde. The motion carried. There being no further Council Member Coleman Niezgodski. The motion ATTEST: City business to come before the Council, unfinished or new, made a motion to adjourn, seconded by Council Member carried and the meeting was adjourned at 7:55 p.m. APPROVED: President 115