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HomeMy WebLinkAbout07-27-92 Council Meeting Minutes4D 8 REGULAR MEETING JULY 27, 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 Monday, July 27, 1992, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, 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 July 13, 1992, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Stephen Luecke /s /Loretta Duda Council Member Coleman made a motion that the minutes of the July 13, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Council Member Luecke announced that the Council had appointed Rhoda Bradshaw to the TRANSPO Board. He thanked Margarita Howard for her many years of service to this Board. 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 July 27, 1992 at 7:06 p.m., with nine members present. Chairman Puzzello presiding BILL NO. 43 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF E. ECKMAN ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. DALE ST. TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF S. DALE ST. FOR A DISTANCE OF APPROXIMATELY 268 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN LINDBERGH PARK ADDITION IN THE CITY OF SOUTH BEND, INDIANA. This bill was continued in the public hearing portion on July 13. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on the amended bill and recommended it to the Council favorably. He made a motion to accept the amended bill, seconded by Council Member Coleman. The motion carried. Candi Howell, 921 Eckman, spoke regarding following statement, dated July 27, 1992: "I will allow easement to the garage at 1006 E. Irvington, and for normal trash pickup if the alley is legally closed." Signed: Elizabeth Dickson, 1002 E. Irvington; Louise Barts, 1001 E. Eckman (2 lots). She indicated this would allow the alley to remain the same as it is now. Loren Rester, 1006 E. Irvington, indicated if this alley were closed she would not have access to her garage. Richard Cook, attorney, spoke against this closing. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried on a roll call vote of five ayes and four nays (Council Member Washington, Luecke, Duda and Ladewski. BILL NO. 46 -92 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 405 EAST EWING IN THE CITY OF SOUTH BEND, INDIANA. At the request of the petitioner, Council Member Zakrzewski made a motion to continue public hearing and third reading on this bill indefinitely, seconded by Council Member Coleman. The motion carried. BILL NO. 54 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST EAST -WEST ALLEY NORTH OF EAST SOUTH STREET FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH RUSH STREET TO THE SOUTHWEST RIGHT -OF -WAY LINE OF LINCOLNWAY EAST FOR A DISTANCE OF APPROXIMATELY 247.06 FEET AND A WIDTH OF APPROXIMATELY 12.54 FEET. PART SITUATED IN JOHN RUSH'S FIRST ADDITION IN THE CITY OF SOUTH BEND, INDIANA. At the request of the petitioner, Council Member Slavinskas made a motion to continue this bill until August 10, seconded by Council Member Washington. The motion carried. 79 I -LU -NO. 5-5-= 9- 2-- A- B- Ii,L_FIY-INGTHE_ MAXTMTI rt SAT ARTF.S atgr' WAGES OF TEAI�,STER EMPLOYEES OF AND 1995. 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 that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable, as amended. Council Member Kelly made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Kevin Horton, City Controller, made the presentation for the bill. He asked that the members of the wage negotiation team, both City and Council, come to the podium. He expressed his appreciation for the opportunity to work with the Council and the Council's attorney, as well as representatives of the administration and the Teamsters. Kathleen Cekanski - Farrand, Council attorney, gave a brief outline of the Teamsters' wage package. She commended every one that served on the negotiating teams. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Washington. The motion carried. BILL NO. 56 -92 A BILL FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR THE CALENDAR YEARS 1993 AND 1994. 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 that the Personnel and Finance Committee had met on the bill and recommended it to the Council favorable, as amended. Council member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council President Luecke made the presentation for the bill. He gave a synopsis of the F.O.P. salary package. He commended all members of the negotiating teams. Mayor Kernan spoke in favor of this bill. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Slavinskas. The motion carried. BILL NO. 57 -92 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1993, 1994, AND 1995. At the request of the petitioner, Council Member Slavinskas made a motion to continue this bill indefinitely, seconded by Council Member Coleman. The motion carried. BILL NO. 59 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A LEASE FOR CERTAIN PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION. 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. Mayor Kernan, made the presentation for the bill. He indicated this lease approval was for the public improvements in the Airport Economic Development Area. He explained that these improvements comprised Blackthorn Golf Course, including the clubhouse and maintenance building. He indicated this course would cost an estimated $4.5 million to build; the Redevelopment Authority plans to sell $5.6 million in revenue bonds; and the remaining $1.1 million would be used to pay three years interest on the bonds. He indicated the course would be completed in mid -1994, and would be the catalyst for the office park. He indicated they were confident the bonds would be paid off using revenues generated by the course, which would be operated privately. T. Brooks Brademas, 425 N. Michigan; Lee Brummett, 1129 Diamond; and Greg Jones, 53384 Olive Road, spoke against this bill. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 60 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 1 -5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND ADDRESSING THE CITY SEAL. 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 that the Committee of the Whole had met on this bill and recommended it to the Council favorable, as amended. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman The motion carried. Jon Williams, Community Affairs, made the presentation for the bill. He indicted a committee had been appointed to study the history of the seal, and they recommended that the American Flag be depicted as being flown from left to right; that it have thirty -five stars, 13 stripes, and the Liberty Cap appear on top of the flag pole, as it did in 1896; and the original cross formation be depicted on each side of the 11186511, in order to restore the seal's original design. Lee Brummett, 1129 Diamond, spoke against this bill indicated it was a waste of time and money. It was explained that this change was procedural and it was not going to cost the City any large amount of money. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. :?s0 BILL NO. 61 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 7, ENTITLED "BUDGETARY AND SALARY PROCEDURES" AND AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2 ARTICLE 8 ENTITLED "CITY OFFICERS AND EMPLOYEES ". Council Member Zakrzewski made a motion to continue this bill indefinitely, seconded by Council Member Coleman. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Washington. The motion carried. ATTEST: 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 9:25 p.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8279 -92 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF E. ECKMAN ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. DALE ST. TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF S. DALE ST. FOR A DISTANCE OF APPROXIMATELY 268 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN LINDBERGH PARK ADDITION IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Zakrzewski 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 Slavinskas made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of five ayes and four nays (Council Members Washington, Luecke, Duda and Ladewski.) ORDINANCE NO. 8280 -92 AN ORDINANCE FIXING THE MAXIMUM SALARIES AND WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1993, 1994, AND 1995. This bill had third reading. Council Member Zakrzewski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Duda. The motion carried. Council Member Zakrzewski made a motion to pass the bill, as amended, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8281 -92 AN ORDINANCE FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR THE CALENDAR YEARS 1993 AND 1994. This bill had third reading. Council Member Zakrzewski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Washington. The motion carried. Council Member Zakrzewski made a motion to pass the bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8282 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A LEASE FOR CERTAIN PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION. This bill had third reading. Council Member Slavinskas 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. 8283 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 1 -5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND ADDRESSING THE CITY SEAL. 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 Zakrzewski. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS BILL NO. 92 -51 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND "81 EGIiLAR— MFETZNG IDLY 27, 19.A� DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 311 EAST COLFAX, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR BRETT PLAZA ONE. Council Member Coleman made a motion to continue this resolution indefinitely, due to lack of a presenter, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 1961 -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. 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 Penn Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is located in Penn Township, St. Joseph County, on the north side of Inwood Road approximately 1,500 feet east of Ironwood Road, and is proposed to be developed along with additional land to the north already within the City of South Bend into a subdivision of approximately 45 to 50 single family lots. The proposed development of the territory proposed to be annexed will require a level of municipal public services basic to the establishment and maintenance of such development, which services shall include services of a capital 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 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 Penn 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 will be developed for approximately fifty single family homes. He indicated the annexation area is 36.02 acres, which is currently vacant land. He indicated that both police and fire protection could be furnished to the area without additional personnel being hired. He indicated this area meets the requirements of State statutes and the City is physically and financially able to provide municipal services, therefore it is recommended this area be annexed. 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. Council Member Slavinskas made a motion to combine public hearing on the next two resolutions, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1962 -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 2722 WEST TUCKER STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO. INC. Whereas, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 2722 West Tucker, South Bend, Indiana, and which is more particularly described as follows: A part of the southeast 1/4 of the northeast 1/4 of Section 16, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the intersection of the east line of said Section 16 with the south line of Tucker Drive, said point being 260.00 feet south of the north line of said southeast 1/4 of the northeast 1/4; thence west along the westerly extension of the south line of Tucker Drive, 213.00 feet to the true Point of Beginning; Section, 499.07 feet to the north right of way line of the former Indiana Northern Railway Company; thence westerly along said north right of way line, 166.00 feet; thence north parallel with the east line of said Section, 499.76 feet tot he westerly extension of the south line of Tucker Drive; thence east along said westerly extension of the south line of Tucker Drive, 166.00 feet to the Point of Beginning and containing 1.90 acres, more or less. and which has Key Number 18 8075 2844.06, 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; -- R- EGUL7IF'_MEETING JliLY-- -2 -7 -, 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. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for 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. 1963 -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 2722 WEST TUCKER DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., 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 2722 Tucker Dr. South Bend, Indiana, and which is more particularly described as follows: A part of the southeast 1/4 of the northeast 1/4 of Section 16, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the intersection of the east line of said Section 16 with the south line of Tucker Drive, said point being 260.00 feet south of the north line of said southeast 1/4 of the northeast 1/4; thence west along the westerly extension of the south line of Tucker Drive, 213.00 feet to the true Point of Beginning; Section, 499.07 feet to the north right of way line of the former Indiana Northern Railway Company; thence westerly along said north right of way line, 166.00 feet; thence north parallel with the east line of said Section, 499.76 feet tot he westerly extension of the south line of Tucker Drive; thence east along said westerly extension of the south line of Tucker Drive, 166.00 feet to the Point of Beginning and containing 1.90 acres, more or less. and this property has Key Number 18 8075 2844.06, 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 VA •• I� 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. Stephen Luecke Member of the Common Council A public hearing was held on the resolutions at this time. Gerald Lerman, secretary of Steel Warehouse, made the presentation for the bill. He indicated they proposed to build a facility to accommodate new manufacturing equipment. He indicated the building will cost approximately $1,000,000 and the equipment $4,080,000. He indicated this expansion would be the largest ever for their firm, and will create thirteen new jobs at the start and possibly fifty in the future. Council Member Coleman made a motion to adopt resolution 92 -55, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Slavinskas made a motion to adopt resolution No. 92 -56, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 62 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT LOT 36 OF POST PLACE, SOUTH BEND, INDIANA 46634 IN THE CITY OF SOUTH BEND, INDIANA. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Reports from Area Plan: Bill No. 39 -92 - Amend Code - Residential swimming pools; Bill No. 40 -92 - Rezone Colfax /Frances /Luther Ct.; Bill No. 51 -92 - Rezone 925 W. Washington Street. Council Member Slavinskas made a motion to refer these bills to Zoning and Vacation Committee and set them for public hearing on August 10, seconded by Council Member Duda. The motion carried Council Member Coleman made a motion to refer Bill No. 47 and 48 to the Zoning and Vacation Committee and set it to public hearing on August 10, seconded by Council Member Duda. The motion carried. NEW BUSINESS Council Member Zakrzewski requested Council Members Washington, Luecke and Puzzello AR— MEET -IDTG JiILx 27 1492 ask the City Engineer to submit a current He indicated he had requested the report, City Engineer. vehicle report, prior to budget hearing. but was not receiving cooperation from the There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Zakrzewski. The motion carried and the meeting was adjourned at 9:45 p.m. ATTEST: City Clerk APPROVED: Presi ent X80