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HomeMy WebLinkAbout04-28-92 Council Meeting MniutesX28 REGULAR MEETING APRIL 28, 1992 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Tuesday, April 28, 1992, at 3:30 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Duda, Coleman and Ladewski 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 April 13, 1992 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Steve Luecke /s /Loretta Duda Council Member Coleman made a motion that the minutes of the April 13, 1992 meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Duda. 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 April 28, 1992 at 3:35 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 62 -91 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 802 S. MAIN IN THE CITY OF SOUTH BEND, INDIANA. Council Member Coleman, at the request of the petitioner, made a motion to strike this bill, seconded by Council Member Washington. The motion carried. BILL NO. 2 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT NORTHEAST CORNER OF RIVERSIDE COURT AND CUSHING STREETS, IN THE CITY OF SOUTH BEND, INDIANA. Council Member Slavinskas, at the request of the petitioner, made a motion to continue this bill indefinitely, seconded by Council Member Coleman. The motion carried. BILL NO. 21 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING BUTTERNUT ROAD FROM VACATED DOUGLAS ROAD NORTH TO CLEVELAND ROAD FOR A DISTANCE OF APPROXIMATELY 5320 FEET. 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 reported the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Jennie Manier, Assistant City Attorney, made the presentation for the bill. She indicated proposed vacation was bounded by property owned by the Redevelopment Authority and the Airport Authority. She indicated they were requesting this vacation to facilitate the development of the 2010 Project. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 23 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,000.00 FROM THE LEEPER PARK TREE REPLACEMENT 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 reported the Personnel & Finance Committee had met on this bill and recommended it to the Council favorable. Betsy Harriman, assistant park superintendent, made the presentation for the bill. She indicated the City had received a State grant to be used to plant trees throughout the City parks. She indicated the $1,000 was required to qualify for the grant, and would be used to plant trees around the Leeper Park maintenance building. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas. The motion carried. BILL NO. 24 -92 A BILL APPROPRIATING $144,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, X20 INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1992, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT. 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 Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable, as amended. He made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Beth Leonard, director of program management, made the presentation for the bill. She indicated this appropriation would be used for the West Washington Housing Fund. Jeff Gibney, Director of South Bend Heritage spoke in favor of this appropriation Council Member Luecke announced that he is a employee of South Bend Heritage, but will not directly benefit from this appropriation, therefore he is able to vote on this issue. He made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: 4w_� /mod �✓ City Clerk 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 3:48 p.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8256 -92 AN ORDINANCE ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING BUTTERNUT ROAD FROM VACATED DOUGLAS ROAD NORTH TO CLEVELAND ROAD FOR A DISTANCE OF APPROXIMATELY 5320 FEET. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8257 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,000.00 FROM THE LEEPER PARK TREE REPLACEMENT FUND. This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8258 -92 AN ORDINANCE APPROPRIATING $139,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1992, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Slavinskas. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Ladewski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1932 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2950 WEST LATHROP STREET, SOUTH BEND, INDIANA 46628 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CONCRETE & ASPHALT RECYCLING, 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 2950 Lathrop and which is more particularly described as follows: Five (5) acres more or less, located in the northwest quarter of the northwest quarter of Section 34, Township 38 North, Range 2 East, which is approximately 100 acres, in St. Joseph County, State of Indiana, commonly known as 29450 �ea Lathrop, South Bend, Indiana. with said real estate having the following Key No. 18 2109 4960, 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 real property tax deduction for a period of five (5) 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/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Pat Murphy, attorney, for the petitioner, made the presentation. He indicated they planned to acquire a portable crushing machine to recycle asphalt and concrete to be sold to construction companies for use as base material for road beds, etc. He indicated the estimated cost of the project is $800,000, and four new jobs will be created. Roman Kowalski, 802 Birchwood, spoke against this abatement. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1933 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2629 FOUNDATION DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR NATIONAL COMPOSITES, 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 2229 Foundation Dr. and which is more particularly described as follows: A parcel of real estate in St. Joseph County, Indiana, being 316.80 feet North and South by 450.00 feet East and West, being a parcel of real property which is 211.27 feet West and 1,590 feet North of the Southeast corner of the Southwest Quarter of Section 28, Township 38 and Range 2 East. with said real estate having the following Key No. 25 1010 040012, 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 real property tax deduction for a period of five (5) 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/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney for the petitioner, made the presentation. He indicated this company is a plastic firm and they plan to acquire a low pressure molding compounder, that will enable them to produce more of their product and remain competitive in the market. Roman Kowalski, 802 Birchwood, spoke against this abatement. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to combine public hearing on resolutions 91 -30 and 31, seconded by Council member Duda. The motion carried. RESOLUTION NO. 1934 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 213 & 225 WEST COLFAX AVENUE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND TRIBUNE, CORP. 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 213 & 225 West Colfax and which is more particularly described as follows: That part of Lots Numbered Two Hundred Twenty -six (226) Two Hundred Twenty -seven (227) and Two hundred Twenty -eight (228) as shown on the Original Plat of the Town, now City of South Bend, as recorded in the records of St. Joseph County, which is described as: Beginning at the Southwest corner of said Lot 228; thence North along the West line of Lots 226,227 and 228 in said plat 198.00 feet to the Northwest corner of said Lot 226; thence East along the North line of said Lot 226, 100.00 feet; thence south 139.90 feet; thence West 44.80 feet; thence South 8.0; feet; thence West 17.00 feet; thence South 50.10 feet to the North line of Colfax Avenue; thence West along said line and the South line of Lot 228, 3820 feet to the point of beginning. Commonly known as 213 West Colfax. The east and west alley north of Colfax Avenue and south of LaSalle Avenue running east from Lafayette Boulevard for a distance of 166 feet to the west side of an alley running north and south between Colfax venue and LaSalle Avenue in the City of South Bend, Indiana and being that alley located between Lots 231 and 232 as shown on the recorded Plat of the Town, now City of South Bend, St. Joseph County, Indiana. PARCEL 1 A part of Lot Numbered 234 in the Original Plat of the Town, now City of South Bend bounded by a line running as follows, viz: Beginning at the Northwest corner of said Lot, thence running east of the North line thereof 165 feet; thence South 50 feet; thence West on a line parallel with the North line of said lot to the West line of said Lot, 165 feet; thence North on said west line 50 feet to the place of beginning, 50 feet front on North Lafayette Street by 165 feet deep along West Water Street (now LaSalle Street.) ALSO, A part of Lots 223 and 234 in the Original Plat of South Bend, bounded as follows: commencing 50 feet South of the Northwest corner of said Lot 234; thence South on the East line of Lafayette Street 62 feet, more or less; thence East 165 feet to the East line of said Lot 233; thence North 62 feet, more or less, to a point 50 feet South of the Northeast corner of said Lot 234; thence West to the place of beginning. Twenty -one (21) feet off the entire South side of Lot Numbered Two Hundred Thirty -Three (233) as shown on the Original Plat of the Town, now City, of South Bend, in St. Joseph County, in the State of Indiana. _ Lot Numbered Two Hundred Thirty -two (232) as shown on the original plat of the Town, now City of South Bend, Indiana. Parcel No. 1. Lots numbered Two Hundred Twenty -Nine (229) Two Hundred Thirty (230) and Two Hundred Thirty -One (231) as shown on the Original Plat of the Town, now City of South Bend; Parcel No. 2. Lot Numbered Fifteen (15) as shown on the recorded Plat of Bulla and Patton's Addition to the City of South Bend; Parcel No. 3. A parcel of land in the North half of Section 14, Township 37 6j DO V, I G. North, Range 2 East in the City of South Bend, in the County of St. Joseph, in the State of Indiana, more particularly described as follows: Beginning at the intersection of the North line of the South Bend, St. Joseph and Southern Railroad right -of -way with the Westerly line of Prairie Avenue; thence West along said North right -of -way line of railroad, 600.00 feet; thence North perpendicular to said North right -of -way line of railroad 50/.00 feet; thence Northeasterly 325.46 feet to the Southwesterly corner of a tract of land conveyed to the Indiana Bell Telephone Company, Inc. by the Indiana National Bank of Indianapolis by virtue of a quit claim deed dated July 14, 1965, and recorded July 21, 1965, in Deed Record 665, Pages 463 -465, in the Office of the Recorder of St. Joseph County, Indiana; thence Southeasterly along the Southerly line of said Indiana Bell Telephone Company, Inc. tract of land, 383.18 feet to the Southeasterly corner of said Indiana Bell Telephone Company tract, also being the Westerly line of Prairie Avenue;thence Southwesterly along said Westerly line of Prairie Avenue, 53.23 feet to the place of beginning, and containing 1.89217 acres; and which has Key Numbers 18- 18- 1012046401, 18- 10120366, 1 Area; as an 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. 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 ten (10) 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/ Stephen Luecke Member of the Common Council RESOLUTION NO. 1935 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 213 & 225 WEST COLFAX AVENUE, SOUTH BEND, INDIANA, TO BE EN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND TRIBUNE, CORP. 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 213 & 225 W. Colfax and which is more particularly described as follows: That part of Lots Numbered Two Hundred Twenty -six (226) Two Hundred Twenty -seven (227) and Two hundred Twenty -eight (228) as shown on the Original Plat of the Town, now City of South Bend, as recorded in the records of St. Joseph County, which is described as: Beginning at the Southwest corner of said Lot 228; thence North along the West line of Lots 226,227 and 228 in said plat 198.00 feet to the Northwest corner of said Lot 226; thence East along the North line of said Lot 226, 100.00 feet; thence south 139.90 feet; thence West 44.80 feet; thence South 8.0; feet; thence West 17.00 feet; thence South 50.10 feet to the North line of Colfax Avenue; thence West along said line and the South line of Lot 228, 3820 feet to the point of beginning. Commonly known as 213 West Colfax. The east and west alley north of Colfax Avenue and south of LaSalle Avenue running east from Lafayette Boulevard for a distance of 166 feet to the west side of an alley running north and south between Colfax venue and LaSalle Avenue in the City of South Bend, Indiana and being that alley located between Lots 231 and 232 as shown on the recorded Plat of the Town, now City of South Bend, St. Joseph County, Indiana. ?33 PARCEL 1 A part of Lot Numbered 234 in the Original Plat of the Town, now City of South Bend bounded by a line running as follows, viz: Beginning at the Northwest corner of said Lot, thence running east of the North line thereof 165 feet; thence South 50 feet; thence West on a line parallel with the North line of said lot to the West line of said Lot, 165 feet; thence North on said west line 50 feet to the place of beginning, 50 feet front on North Lafayette Street by 165 feet deep along West Water Street (now LaSalle Street.) ALSO, A part of Lots 223 and 234 in the Original Plat of South Bend, bounded as follows: commencing 50 feet South of the Northwest corner of said Lot 234; thence South on the East line of Lafayette Street 62 feet, more or less; thence East 165 feet to the East line of said Lot 233; thence North 62 feet, more or less, to a point 50 feet South of the Northeast corner of said Lot 234; thence West to the place of beginning. Twenty -one (21) feet off the entire South side of Lot Numbered Two Hundred Thirty -Three (233) as shown on the Original Plat of the Town, now City, of South Bend, in St. Joseph County, in the State of Indiana. Lot Numbered Two Hundred Thirty -two (232) as shown on the original plat of the Town, now City of South Bend, Indiana. Parcel No. 1. Lots numbered Two Hundred Twenty -Nine (229) Two Hundred Thirty (230) and Two Hundred Thirty -One (231) as shown on the Original Plat of the Town, now City of South Bend; Parcel No. 2. Lot Numbered Fifteen (15) as shown on the recorded Plat of Bulla and Patton's Addition to the City of South Bend; Parcel No. 3. A parcel of land in the North half of Section 14, Township 37 North, Range 2 East in the City of South Bend, in the County of St. Joseph, in the State of Indiana, more particularly described as follows: Beginning at the intersection of the North line of the South Bend, St. Joseph and Southern Railroad right -of -way with the Westerly line of Prairie Avenue; thence West along said North right -of -way line of railroad, 600.00 feet; thence North perpendicular to said North right -of -way line of railroad 50/.00 feet; thence Northeasterly 325.46 feet to the Southwesterly corner of a tract of land conveyed to the Indiana Bell Telephone Company, Inc. by the Indiana National Bank of Indianapolis by virtue of a quit claim deed dated July 14, 1965, and recorded July 21, 1965, in Deed Record 665, Pages 463 -465, in the Office of the Recorder of St. Joseph County, Indiana; thence Southeasterly along the Southerly line of said Indiana Bell Telephone Company, Inc. tract of land, 383.18 feet to the Southeasterly corner of said Indiana Bell Telephone Company tract, also being the Westerly line of Prairie Avenue;thence Southwesterly along said Westerly line of Prairie Avenue, 53.23 feet to the place of beginning, and containing 1.89217 acres; and which has Key Numbers 18- 1008029701 for West Colfax Avenue and 18- 10120462, 18- 1012046401, 18- 10120366, 18- 10120463 for 225 West Colfax Avenue, 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 1 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 real property tax deduction for a period of five (5) 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 seg. 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/ Stephen Luecke Member of the Common Council A public hearing was held on the resolutions at this time. Ernest Szarwark, attorney for the petitioner, made the presentation for the resolutions. He indicated the Tribune planned to construct a 25,000 square foot building on the site X34 of the old Colfax Theater. He indicated they planned to purchase machinery for inserting, packaging and sorting of papers. He indicated they also planned to purchase a modern, state of the art, press. Charles Barrington, 4125 Sampson; Joyce Boaler, 1606 Hillsdale; Lee Brummit, 1129 Diamond, Roman Kowalski, 802 Birchwood, Kelly Havens, 12032 Timberline Trace; and Barry Baumbaugh, 12032 Timerline Trace, Wayne Wirts, 1889 Riverside Dr.; Linda Petill 14677 Lindy Dr., spoke against these abatements. Council Member Coleman made a motion to adopt Resolution No. 92 -30, seconded by Council Member Ladewski The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to adopt Resolution No. 92 -31, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION 1936 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS COMMONLY KNOWN AS 2424 NORTH FOUNDATION DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR NIMET INDUSTRIES, 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 2424 North Foundation Dr. South Bend, Indiana, 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; thence North 0 degrees 00 minutes 47 seconds East 375.00 feet; thence South 89 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. and this property has Key Number 25 1010 040015, 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 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. /s/ Steve Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Ernest Szarwark, attorney for the petitioner, made the presentation. He indicated this company planned to purchase new equipment in order to provide higher quality industrial costing and to switch from ozone depleting freon and fluoro carbon products to new environmentally acceptable refrigeration chemicals. He indicated two new jobs will be created. Roman Kowalski, 802 Birchwood, spoke against this abatement. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1937 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1801 COMMERCE DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR STOUFFER INDUSTRIES, 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 1801 Commerce Drive, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: A tract of land in the Southwest Quarter of Section Thirty -three (33), Township Thirty -eight (38) North, Range Two (2) East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90° 00' 00" west on and along the North line of said Southwest Quarter of said Section 33, a distance of 1,205.66 feet to a concrete monument on the West line of a 75 foot public street; thence south 00 °29121" East on and along the west line of said 75 foot public street, a distance of 473.176 feet to an iron at the point of beginning; thence continuing South 00 °29'21" East on and along said West line of said 75 foot public street, a distance of 237.00 feet to an iron; thence South 89 °30'39" West, a distance of 362.00 feet to an iron; thence North 00 °29121" West, a distance of 237.0 feet; thence North 89 °30139" East, a distance of 362.00 feet to the place of beginning; said tract being Lot Numbered Twenty -five (25) of the Airport Industrial Park, Phase II. PARCEL II. A tract of land in the Southwest Quarter (1/4) of Section Thirty -three (33), Township Thirty -eight (38) North, Range Two (2) East, City of South Bend, St. Joseph County, Indiana; more particularly described as follows: With a point of beginning arrived at by commencing at a brass plug at the center of said Section 33; thence South 90 °00'00" West on said Section 33; thence South 90 °00100" West on and along the North line of said Southwest Quarter (1/4) of said Section 33 a distance of 1,205.66 feet to a concrete monument on the West line of a 75 foot public street (Commerce Drive); thence South 00 °29'21" East on and along the West line of said Commerce Drive, a distance of 473.176 feet to an iron at the point of beginning; thence continuing South 89 °30139" West a distance of 362 feet; thence North 00 °29121" West a distance of 120.5 feet; thence North 89 °30139" East a distance of 362 feet; thence South 00 °39121" East along the West line of Commerce Drive a distance of 120.5 feet to the measured North and South taken off at the entire South end of Lot numbered Twenty -Four (24) of the Airport Industrial Park, Phase II, St. Joseph, County, Indiana, now a part of the City of South Bend. and this property has Key Number 18 2183 688603, 18 2183 688612, 25 1008 033502 and 25 1008 133508, 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 X36 u s; =ci• 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 l 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. /s/ Steve Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. James Neff, attorney for the petitioner, made the presentation. He indicated the petitioner planned to purchase photographic and graphic art equipment to allow them to maintain their status as a world leader in certain segments of the industry. He indicated one new job will be created. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Slavinskas made a motion to combine public hearing on resolutions 92 -26 & 27, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1938 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS TORO SOUTH BEND MFG., 515 W. IRELAND ROAD, SOUTH BEND, INDIANA 46614 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEAL YEAR REAL PROPERTY TAX ABATEMENT FOR TORO SOUTH BEND MANUFACTURING. 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, �6ryr Indiana, requesting that the area commonly known as 515 W. Ireland, South Bend, Indiana, and which is more particularly described as follows: SE 1/4, NE 1/4 except SE and NE Corners, Section 26- 37 -2E, 26,592 acres. and which has Key Number 23 1013 0758, 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 that the petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et 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 description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment of rehabilitation: D. 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; E. 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 F. 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 benefits identified in the Statement of Benefits set forth as sections I through II of the Petition for Real 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 -3 of the Indiana Code. Section IV. Pursuant to Section 2 -84 of the Municipal Code of the City of South Bend, the Common Council hereby accepts the recommendations of the Council's Human Resources and Economic Development Committee represented in this substitute resolution. The Common Council hereby makes the following specific findings which support its conclusion that the Petitioner, Toro South Bend Manufacturing, qualifies for a ten (10) year abatement and that the area described herein should be declared an economic revitalization area: (1) The Petitioner has met the economic obsolescence factor requirements for land and building due to previously declining production, as evidenced by the written report of the St. Joseph County Assessor. (2) The petitioner was under study for a plant closing due to declining production since 1989. The Petitioner committed to keep the South Bend facility open, to reinvest in this location, their employee agreed to have their wages frozen for two (2) years, and that the Mississippi plant would be closed instead. (3) The Petitioner's 221,355 square foot facility and 1,000 square foot addition will create thirty -one (31) new permanent full -time jobs with an annual payroll of $425,197, plus maintain two hundred and seventy -five (275) existing permanent full -time jobs with an annual payroll of $4,723,127. (4) The Petitioner plans to produce Lawn Boy, Toro, and Ford lawn and garden equipment, and plans to utilize local inventory sources then export to other states; all of which will have a positive impact on the economy. Section IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein X38 9 u � ' described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposed of real property tax abatement. Section V. The designation as an Economic Revitalization area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. Section VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of Ten (10) years. Section VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. Section VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council RESOLUTION NO. 1939 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 515 W. IRELAND, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TORO SOUTH BEND MANUFACTURING 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 515 W. Ireland, South Bend, Indiana, and which is more particularly described as follows: SE 1/4, NE 1/4 except SE and NE corners, section 26- 37 -2E, 26,592 acres. and this property has Key Number 23 1013 0758, and 23 351232 56154, 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- 1.1712.1 -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 X39 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. /s/ Steve Luecke Member of the Common Council A public hearing was held on the resolutions at this time. Council Member Kelly reported the Human Resources Committee had met on these resolutions and recommended them to the Council favorable. He made a motion to accept the substitute Bill No. 92 -26, seconded by Council Member Washington. The motion carried. Council Member Slavinskas made a motion to accept the substitute Bill No. 92 -27, seconded by Council Member Coleman. The motion carried. Charlene Claywell, controller, made the presentation for the resolutions. She indicated Toro had considered closing the South Bend plant, due to declining production, however, they decided to stay in South Bend based in part on the support and commitment made by the City and State. She indicated they closed a southern plant and their production will be transferred to South Bend. Mike Seitz, Chamber of Commerce, spoke in favor of these resolutions. Mayor Kernan spoke in favor of the resolutions. Council Member Kelly made a motion to adopt Resolution No. 92 -26, as amended, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Kelly made a motion to adopt Resolution No. 92 -27, as amended, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION 1940 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CLAY TOWNSHIP WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Clay Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is located in Clay Township, St. Joseph County, to the southeast of the intersection of Douglas Road and Hickory Road, extended, and is needed and can be used by the City for its development in the reasonably near future, the development of which land will require a level of municipal public services basic to the establishment and maintenance of such nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities who jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services of the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be 40 in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Clay Township, St. Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part thereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City of other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. That the Common Council of the City'of South Bend shall and does hereby now establish and adopt the fiscal plan described in Exhibit "B ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This Resolution should be in full force and effect upon its adoption by the Common Council and approved by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Larry Magliozzi, Senior Planner, made the presentation for the resolution. He indicated the area to be annexed is needed by the City for future development. He indicated State Road 23 is one of the City's mayor entryways and is a corridor between the City and the developed areas to the northweast. David Cherrone, 53712 Pinehurst, spoke against this resolution. Council Member Duda made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 25 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 18106 IRELAND ROAD IN THE CITY OF 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 Duda. The motion carried. BILL NO. 26 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: EAST SORIN STREET WEST OF N. NILES AVENUE; FIRST TWO EAST -WEST ALLEYS SOUTH OF VACATED HAGERTY STREET; AND FIRST NORTH -SOUTH ALLEY WEST OF N. NILES AVENUE AND SOUTH OF VACATED HAGERTY STREET. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Zoning and Vacation Committee, and set it for public hearing and third reading on May 11, seconded by Council Member Duda. The motion carried. BILL NO. 27 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $25,000.00 FROM E.M.S. FUND #288 FOR THE PURCHASE OF EQUIPMENT. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Pubic Safety Committee, and set it for public hearing and third reading May 11, seconded by Council Member Duda. The motion carried. BILL NO. 28 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,600.00 FROM HAZ -MAT FUND #289 FOR THE PURCHASE OF EQUIPMENT. This bill had first reading. Council Member Slavinskas made a motion to refer this bill to the Pubic Safety Committee, and set it for public hearing and third reading May 11, seconded by Council Member Coleman. The motion carried. ORDINANCE NO. 8259 -92 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA, TO ISSUE ITS "CITY OF SOUTH BEND, INDIANA, ECONOMIC DEVELOPMENT REVENUE BONDS, (NATIONAL COMPOSITES, INC. PROJECT), LOAN THE PROCEEDS THEREOF TO NATIONAL COMPOSITES, INC., AN INDIANA CORPORATION, AND AUTHORIZING AND APPROVING OTHER ACTIONS IN RESPECT THERETO. This bill had first reading. Kenneth Fedder, attorney for the Economic Development Commission, indicated all parties concerned in this financing would like it completed as quickly as possible. He asked the Council to suspend the rules and have public hearing and third reading on this bill. Council Member Coleman made a motion to suspend the rules, seconded by Council Member Puzzello. The motion carried on a roll call vote of nine ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, made the presentation for the bill. He indicated that National Composites will use this bond issue enlarge their facility. He indicated 30 or 40 jobs will be created. Council Member Coleman made a motion to recommend this favorable, seconded by Council Member Washington. The bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. BILL NO. 30 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2 -151 OF THE SOUTH BEND MUNICIPAL CODE TO DESIGNATE ADDITIONAL AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC DEVELOPMENT TARGET AREA. This bill had first reading. Council Member Puzzello made a motion to refer this bill the Human Resources, and set it to for public hearing and third reading May 11, seconded by Council Member Kelly. The motion carried. BILL NO. 31 -92 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 refer this bill the Human Resources, and set it to for public hearing and third reading May 11, seconded by Council Member Washington. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to Vacation Committee, and set it for publ seconded by Council Member Washington. There being no further business to come Council Member Coleman made a motion to Washington. The motion carried and the ATTEST: City y Clerk refer Bill No. 19 -92 to the Zoning and Lc hearing and third reading on May 11, The motion carried. before the Council unfinished or new, adjourn, seconded by Council Member meeting was adjourned at 5:55 p.m. APPROVED: President(,/ X41