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HomeMy WebLinkAbout12-09-91 Council Meeting MinutesREGULAR MEETING DECEMBER 9. 1991 Be it remembered that the Common Council of the City of Council Chambers of the County -City Building on Monday, p.m. The meeting was called to order and the Pledge to ROLL CALL Present: Council Members Lueck Puzzello, Slavinskas, and Ladewski Absent: None REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: South Bend met in the December 9, 1991, at 7:00 the Flag was given. Niezgodski, Soderberg, Zakrzewski, Duda, Coleman The sub - committee has inspected the minutes of the November 25, 1991 meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Tom Zakrzewski /s /Don Niezgodski Council Member Coleman made a motion that the minutes of the November 25, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Council President Niezgodski said the Council Redevelopment Commission and there were three Council Member Puzzello made a motion that th p.m., after the Human Resources Committee has applicants, in order to make the appointments Member Coleman. The motion carried. had two appointments to the applications for this position. Council meet on December 30 at 4:00 had a chance to interview all to the Commission, seconded by Council RESOLUTION NO. 1901 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING DONALD NIEZGODSKI FOR HIS FOUR (4) YEARS OF DEDICATED SERVICE AS SECOND DISTRICT COUNCIL MEMBER. WHEREAS, the Common Council of the City of South Bend, Indiana recognizes that Donald Niezgodski is completing his fourth year as Second District Council Member, and WHEREAS, during his term on the Council, Don Niezgodski has diligently served his constituents and worked hard on their behalf, and WHEREAS, as an advocate of a strong public safety program, Council Member Niezgodski has spoken out on behalf of the police and fire departments throughout his years of service; and WHEREAS, as President of the Common Council this year, Don Niezgodski has provided valuable leadership and promoted on -going communication between the City Administration and Common Council; and WHEREAS, through Don Niezgodski's efforts, a keener awareness of such invaluable programs as D.A.R.E. and Crime Stoppers has taken place. 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 and thanks SECOND DISTRICT COUNCIL MEMBER DON NIEZGODSKI for his four (4) years of dedicated service to the City. SECTION II. The Common Council publicly acknowledges Council President Niezgodski's tireless efforts on behalf of public safety programs throughout our community. SECTION III. The Council wishes Don, and his wife Sophia, continued success and years of happiness. SECTION IV. 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 Thomas Zakrzewski, Sixth District William Soderberg, Third District Sean Coleman, At Large ;1 Ann Puzzello, Fourth District Linas Slavinskas, Fifth District ATTEST: Irene Gammon, City Clerk Loretta Duda, At Large Eugene Ladewski, At Large Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Zakrzewski read the resolution and presented it to Council Member Niezgodski. Council Member Puzzello presented Council Member Niezgodski with a gavel. Council Member Luecke 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. 1902 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA COMMENDING WILLIAM SODERBERG FOR HIS FOUR (4) YEARS OF DEDICATED SERVICE AS THIRD DISTRICT COUNCIL MEMBER WHEREAS, the Common Council of the City of South Bend, Indiana, notes that William Soderberg is completing his fourth year as Third District Council Member; and WHEREAS, during his tenure, Council Member Soderberg has been an advocate of the environment, and helped monitor several recycling proposals; and WHEREAS, as Chairperson of the Public Safety Committee, Council Member Soderberg has focused upon fostering crime prevention and other public safety issues, many of which have resulted in meaningful dialogue and a keener awareness of these areas; and WHEREAS, during his term, Council Member Soderberg a /k /a "Rev. Bill ", has graciously and eloquently given many Invocations at the Council meetings which set an appropriate-tone for the evening ahead. 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 South Bend, Indiana, the Common Council hereby publicly commends and thanks WILLIAM SODERBERG for his four years of dedicated public service to the City. SECTION II. The Council acknowledges Council Member Soderberg's service on behalf on his constituents in the Third District in the areas of zoning and public safety. SECTION III. The Council wishes Bill and his wife, Peg, continued success and happiness in the years ahead. SECTION IV. This Resolution shall be in full force and effect before and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke, First District Donald Niezgodski, Second District Ann Puzzello, Fourth District Linas Slavinskas, Fifth District ATTEST: Irene Gammon, City Clerk Thomas Zakrzewski, Sixth District Sean Coleman, At Large Loretta Duda, At Large Eugene Ladewski, At Large Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Slavinskas read the resolution and presented it to Council Member Soderberg. Council Member Luecke made a motion to adopt the resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of'the Whole on November 25, 1991 at 7:32 p.m., with nine members present. Chairman Duda presiding. BILL NO. 71 -91 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH " I BEND, INDIANA, CERTAIN LAND LOCATED IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. Council Member Coleman made a motion to continue public hearing on this bill until January 13, seconded by Council Member Slavinskas. 'The motion carried. BILL NO. 79 -91 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE THE FIRST, SECOND, THIRD, AND FOURTH ALLEYS NORTH OF PORTAGE, LOCATED BETWEEN LELAND AVE. AND FOREST AVE.; EXCLUDING THE PORTIONS OF THE NORTH -SOUTH ALLEY BETWEEN FOREST AVE. AND LELAND AVE., WHICH INTERSECTS THE ALLEYS TO BE VACATED FOR A TOTAL DISTANCE OF APPROXIMATELY 960 FEET, AND A WIDTH OF APPROXIMATELY 12 FEET. Council Member Slavinskas made a motion to continue public hearing on this bill until January 13, seconded by Council Member Coleman. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: air an 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 7:35 p.m. Council President Niezgodski presiding and nine members present. RESOLUTIONS 91 -73 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1702 WEST WASHINGTON STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR ADAMS ENGINEERING. Council Member Slavinskas made a motion to continue public hearing on this bill until January 13, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1903 -91 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4202 TECHNOLOGY DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX YEAR REAL PROPERTY TAX ABATEMENT FOR FRANK D. DARNELL WAREHOUSE EXPANSION PROJECT. 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 4202 Technology Drive, South Bend, Indiana 46628, and which is more particularly described as follows: Lot Numbered Four (4) as shown on the recorded Plat of Landmark Business Mark, Section Three (3), recorded April 18, 1985, in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 8506870. with said real estate having the following Key No. 25- 1017 - 060604, 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 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. ?72 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 six (6) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Tom Brunner, attorney, made the presentation for the resolution. He indicated this company planned to enlarge their warehouse facility, and the value of the improvement would be approximately $1,000,000. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1904 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3603 PROGRESS DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR AUTOMATIC TECHNOLOGIES, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3603 Progress Dr. South Bend, Indiana, and which is more particularly described as follows: A tract or parcel of land located in the Southwest Quarter of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, more particularly described as follows; Beginning at a point which is One Hundred Ninety -five and Eighteen Hundredths (195.18) feet North and Eight Hundred Fifty -five and Fifty -four Hundredths (855.54) feet Easterly of the center of said Section 33, said point being on the North line of Progress Drive; thence North V 19' 51" East a distance of Four Hundred Sixty -Eight and Seventy -three Hundredths (468.73) feet to the South line of the St. Joseph County Airport; thence South 89° 59' 38" East on and along the South line of said St. Joseph County Airport a distance of Four Hundred Thirty -nine and Ten Hundredths (439.10) feet; thence South 0° 18' 51" West a distance of Four Hundred Seventy and Sixty -five Hundredths (470.65) feet to the North line of Progress Drive; thence North 89° 40' 09" West a distance of Four Hundred Thirty -nine and Seventy -one Hundredths (439.71) feet to the point of beginning. and this property has Key Number 25 1006 0296, 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 Sections 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 Sections 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 pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that; (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for 2 T Personal Property Tax Abatement Consideration and that the Statement of Benefits Form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation, SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. DONALD NIEZGODSKI Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke reported the Human Resources Committee had met on this bill and recommended it to the Council favorable. Dick Parker, a representative of Automatic Technologies, Inc., made the presentation for the bill. He indicated they were planning an expansion of the facilities. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1905 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1920 N. KENMORE ST. AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR AQUARIUS TOOL & MOLD, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1920 N. Kenmore, South Bend, Indiana, and which is more particularly described as follows: A part of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, City of South bend, St. Joseph County, Indiana described as follows: Commencing at the southeast corner of said quarter section; thence South 0 degrees 07 minutes 29 seconds West 815.52 feet along the east line of said section to the north boundary, extended of Voorde Drive; thence North 89 degrees 40 minutes 09 seconds West 1,288.56 feet along said extended boundary and the north boundary of said Voorde Drive to the east boundary of Kenmore Street (formerly Progress Drive); thence North 0 degrees 18 minutes 51 seconds East 1,260.40 feet along said east boundary, and said east boundary extended, to the point of beginning of this description; thence North 0 degrees 18 minutes 51 seconds East 220.00 feet; thence North 89 degrees 56 minutes 16 seconds East 215.00 feet; thence South 0 degrees 18 minutes 51 seconds West 220.00 feet; thence South 89 degrees 56 minutes 16 seconds West 215 feet to the point of beginning and containing 1.086 acres, more or less. Also, above described lot is subject to a 20 -foot utility easement, the centerline of which is parallel to, and 146.41 feet south of the northern boundary of said lot. Also, said lot is subject to 30 -foot building setback lines adjacent to all above described courses, except the course along the western boundary which is subject to a 60 -foot building setback line. and this property has Key Number 25 1006 0296, 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 Sections 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 Sections 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. >74E NOW, THEREFORE, BE IT RESOLVED by the COMMON COUNCIL of the City of South Bend, Indiana, as follows: Section I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5, that; (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits Form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation, SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. DONALD NIEZGODSKI Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke reported the Human Resources Committee had met on this bill and recommended it to the Council favorable. Dick Parker, a representative of Aquarius Tool and Mold, Inc., made the presentation for the bill. He indicated they were planning an expansion of the facilities. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Zakrzewski The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1906 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1400 RIVERSIDE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE MODERNIZATION PROJECT WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 2400 Riverside Dr., South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast corner of the Southwest 1/4 of said Section 35; thence South 89 49' 52" West (bearing assumed) along the South line of said Section, 308.97 feet; thence North 89 55' 00" West 116.24 feet; thence North 00 00'27" West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55'00" West along said North line of alley, 236.61 feet to a point 120.00 feet South 89 5'00" East of the East line of Kessler Boulevard, 128.00 feet to a point on the South line of King Street, 180.00 feet South 89 55' 18" East of the Northeast corner of Lot 10 as shown on the Second Plat of Northwest Addition to the city of South Bend recorded April 6, 1906 in Plat Book 0, pages 30 and 31; thence South 89 55118" East along the South line of King Street, 352.84 feet; thence North 00 00'27" West, 194.85 feet to a point on the centerline of the East and West 14 foot alley between the centerline of the east and West 14 foot 7E alley between King Street and McCartney Street produced East; thence North 00 06109" East, 128.81 feet; thence North 89 46'49" East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37'15" West along a chord subtending said Westerly line of Riverside Drive, 466.43 feet to the South line of said Section 35; thence North 90 00'00" West along said South line, 156.71 feet to the point of beginning. Commencing at the Southeast corner of the 1/4 of said Section 35; thence North 00 00'30" West (bearing assumed) along the East line of said Southwest 1/4 a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00130" West along said East line 336.00 feet to the South line of Queen Street; thence South 89 56109" West along said Southline of Queen Street 176.60 feet; thence North 00 02136" East 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56'09" West along said centerline of alley, 131.27 feet; thence South 00 06'09" West along the East line of Lot 145 in the Third Plat of Northwest Addition recorded March 7, 1907 in Plat Book 9 page 60 in the Office of the St. Joseph County, Recorder and its Northerly and Southerly extensions, 195.00 feet to the south line of Queen Street; thence South 89 56109" West along said South line of Queen Street, 12.93 feet to the East line of Allen Street; thence South 00 05'51" West along said east line of Allen Street, 329.87 feet to the South line of McCartney Street, 12.91 feet; thence South 00 06'09" West 6.11 feet; thence North 89 56'09" East 308.71 feet to the Point of Beginning. and this property has Key Number 18 2110 4067, 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 Sections 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 Sections 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 pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that; (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits Form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation, SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common r) 76 Council on said declaration. SECTION IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. DONALD NIEZGODSKI Member of the Common Council A public hearing was held on the resolutions at this time. Gerald Lerman, a representative of the company, made the presentation for the resolution. He indicated Steel Warehouse Corporation had recently purchased Lock Joint Tube, which was in receivership. He indicated they were planning to renovate the machinery in order the make this company a viable competitor in their field. Council Member Luecke 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. 1907 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ST. JOSEPH COUNTY FOR THE CONSOLIDATION OF BUILDING DEPARTMENTS AND ESTABLISHING THE CONSOLIDATED BUILDING BOARD. WHEREAS, the City of South Bend, Indiana (City), and St. Joseph County (County) desire to consolidate their Building Departments in order to provide better service to the citizens of South Bend and St. Joseph County by providing for the consistent interpretation and implementation of building codes and zoning administration; and WHEREAS, the City is willing to assume the responsibility for the day -to -day operation of the Consolidated Building Department and to accept the transfer of all current County Building Department employees to the City payroll; and WHEREAS, the efficiencies of administration resulting from such a consolidation will produce cost savings for both the City and the County; and WHEREAS, Indiana Code 36 -1 -7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise, jointly or by one entity on behalf of the other, powers that may be exercised by such units severally; and WHEREAS, in conformance with the requirements of the Interlocal Cooperation Act, the City and County are prepared to enter into an agreement consolidating their respective Building Departments into one Building Department under the Day -to -Day control of the City; and WHEREAS, such agreement establishes the Consolidated Building Board which shall provide policy direction and fiscal oversight to the City in the operation of the Consolidated Building Department; and WHEREAS, a substantially similar resolution to this will be approved by the County Council of St. Joseph County. NOW, THEREFORE, pursuant to the authority granted to the City of South Bend, Indiana, under I.C. 36 -1 -7, the Indiana Interlocal Cooperation Act, be it resolved by the Common Council of the South Bend as follows: Section 1. That the Common Council of the City of South Bend, Indiana, has considered and hereby approves the establishment of a Consolidated Building Department, which will serve the needs of the City of South Bend as well as St. Joseph County, and the establishment of the Consolidated Building Board, which will provide policy direction and fiscal oversight to the City in the operation of the Consolidated Building Department. Section 2. That the Common Council of the City of South Bend, Indiana, hereby authorizes the Mayor of the City of South Bend, Indiana, to enter into an agreement consolidating the Building Departments of the City of South Bend and St. Joseph County and establishing the Consolidated Building Board, in form and substance and the same as or similar to that of the agreement attached hereto. Section 3. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Donald Niezgodski Member, Common Council Approved: /s/ Joseph E. Kernan Joseph E. Kernan, Mayor City of South Bend A public hearing was held on the resolution at this time. Council Member Luecke reported that the Human Resources committee had met on this resolution and recommended it to the Council favorable. Mayor Joseph Kernan made the presentation for the resolution. He would allow for the consolidation of the County and City Building Departments. He indicated the County employees would be transferred to the . _ _ - uo _ _ o • ur City. He indicated this consolidation will be a savings for both entities. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 80 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, BY THE ESTABLISHMENT OF THE NEAR NORTHWEST NEIGHBORHOOD HISTORIC PRESERVATION DISTRICT. This bill had first reading. Council Member Luecke made a motion to refer this bill to Historic Preservation, seconded by Council Member Coleman. The motion carried. BILL NO. 82 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT NORTHWEST CORNER OF EAST JEFFERSON BOULEVARD AND TUXEDO DRIVE. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 83 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS THROUGHOUT CHAPTER 6 OF THE MUNICIPAL CODE ENTITLED "BUILDINGS." This bill had first reading. Council Member Slavinskas made a motion to refer this bill to the Committee of the Whole, and set it for public hearing and third reading January 13, seconded by Council Member Duda. The motion carried. BILL NO. 84 -91 A BILL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $260,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading January 13, seconded by Council Member Coleman. The motion carried. BILL NO. 85 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $321,707.00 FROM THE EMS CAPITAL IMPROVEMENT FUND. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading January 13, seconded by Council Member Coleman. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Luecke made a motion to adjourn, seconded by Council Member Coleman. The motion carried and the meeting was adjourned at 7:55 p.m. ATTEST: City Clerk APPROVED: President �J r)77