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HomeMy WebLinkAbout02-22-93 Council Meeting Minutes497 ;i REGULAR MEETING FEBRUARY 22, 1993 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, February 22, 1993, 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, Coleman, Duda, and Ladewski Absent: None SPECIAL BUSINESS Council Member Puzzello reported that the Personnel & Finance Committee recommended Kenneth Herceg for the appointment on the Century Center Board of Managers. Council Member Puzzello made a motion to appoint Mr. Herceg, seconded by Council Member Coleman. The motion carried. She indicated interviews are continuing for the second position available on the Board. Council Member Kelly reported that the Human Resources Committee recommended William Eagan for the appointment on the Human Rights Commission. Council Member Kelly made a motion to appoint Mr. Eagan, seconded by Council Member Coleman. 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 February 22, 1993, at 7:09 p.m., with nine members present. Chairman Zakrzewski presiding. 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. 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 that the Zoning and Vacation Committee had met on this bill and recommended it to the Council unfavorable. Fred Holycross, Director of the Historic Preservation Commission, made the presentation on the bill. He gave the details on the historical role of Riley High School. Gene Oakley, 2614 York Road, spoke in favor of this bill. Ralph Komasinski, 1319 E. Wayne North, Acting Superintendent of the South Bend Community School Corporation; Pat Schafer, 19218 Orchard Heights Drive; Joyce Boaler, 1606 Hillsdale; J. Edward Talley, 1081 Riverside Drive; and Trudy McMamana, 2725 Erskine Blvd., spoke against this bill. Rebuttal comments followed. Council Member Slavinskas made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 9 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RESCINDING ORDINANCE NO. 5539 -73 OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED "AN ORDINANCE ANNEXING CERTAIN LAND TO THE CITY OF SOUTH BEND, INDIANA ". Council Member Luecke made a motion to continue this bill indefinitely, seconded by Council Member Coleman. The motion carried. BILL NO. 10 -93 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE, ESTABLISHING A WATER CROSS CONNECTION CONTROL PROGRAM TO SAFEGUARD THE SOUTH BEND PUBLIC WATER SUPPLY IN SUPPORT OF EXISTING STATE LAW. 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 Zakrzewski reported that the Utilities Committee had met on this bill and recommended it to the Council favorable. John Stancati, Director of the South Bend Water Works, made the presentation on this bill. He indicated this is necessary for the purity of our - city water supply, and it will be mandated by the State in the near future. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 11 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND THE AMENDING OF CHAPTER 17, ARTICLE 4, SECTIONS 17 -45, 17 -46, 17 -47, 17 -48 OF THE SOUTH BEND MUNICIPAL CODE. REGULAR MEETING FEBRUARY 22, 1993 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 Zakrzewski reported that the Utilities Committee had met on this bill and recommended it to the Council favorable, as amended. Council Member Coleman made a motion to accept the amended bill, seconded by Council Member Ladewski. The motion carried. John Stancati, Director of the South Bend Water Works, made the presentation on the bill. He indicated it has been eleven years since the water rates were increased. He indicated the Council had approved a rate of 26.90, however, the Utility Regulatory Commission. because of different procedures, reduced our rate to 25.560, and they also reduced one of our lease programs by $3,460.00. Patricia Slott, 1518 N. College, and Joyce Boaler, 1606 Hillsdale, spoke in opposition to this bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Washington. The motion carried. BILL NO. 12 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 20 -100.1 ENTITLED "PARKING PROHIBITED BY FIRE HYDRANTS ". 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 Ladewski reported that the Public Safety Committee had met on this bill and recommended it to the Council favorable, as amended. Council Member Luecke made a motion to accept the amended bill, seconded by Council Member Kelly. The motion carried. Council Member Ladewski made the presentation for the bill. He indicated there are public safety concerns and an increased potential liability if the City could not have access to a fire hydrant in the case of an emergency. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Luecke. The motion carried. ki2 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 8:20 p.m. Council President Luecke presided, and nine members were present. BILLS, THIRD READING 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. This bill had third reading. Council Member Slavinskas made a motion to defeat this bill, seconded by Council Member Coleman. The bill was defeated by a roll call vote of nine ayes. ORDINANCE NO.8356 -93 AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL, AMENDING ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE, ESTABLISHING A WATER CROSS CONNECTION CONTROL PROGRAM TO SAFEGUARD THE SOUTH BEND PUBLIC WATER SUPPLY IN SUPPORT OF EXISTING STATE LAW. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8357 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND THE AMENDING OF CHAPTER 17, ARTICLE 4, SECTIONS 17 -45, 17 -46, 17 -47, 17 -48 OF THE SOUTH BEND MUNICIPAL CODE. 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 Coleman. The motion carried. Council Member Coleman 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. 8358 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 20 -100.1 ENTITLED "PARKING PROHIBITED BY FIRE HYDRANTS ". This bill had third reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. 499 REGULAR MEETING FEBRUARY 22, 1993 The motion carried. Council Member Puzzello made a motion to pass this bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. RESOLUTIONS BILL NO. 92 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THE INDIANA GENERAL ASSEMBLY TO PASS LEGISLATION ALLOWING SECOND CLASS CITIES WITHIN ST. JOSEPH COUNTY, INDIANA, TO HAVE NINE (9) DISTRICTS FOR COUNCIL REPRESENTATION. A public hearing was held on the resolution at this time. Council Member Slavinskas made a presentation on this bill. He indicated this bill had been continued in the public portion in the meeting of December 28, 1992. Mario Sims, of the NAACP, 1050 N. Johnson; Lee Brummett, 1129 Diamond Avenue; Reverend Timothy Rouse, 914 Lincoln Way West; Edgar Wilson, 401 E. Colfax; Joyce Boaler, 1606 Hillsdale; Gene S. Oakley, 2614 York Road; Mike Holmes, 1709 Rerick Street; Glenda Rae Hernandez (per letter read by Council Member Puzzello); Hardy Blake, 144 N. Summitt, all spoke in favor of this resolution. After a lengthy discussion by various members of the Council, Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was defeated by a roll call vote of 2 ayes (Council Members Slavinskas, Washington) and seven nays.) RESOLUTION NO. 2012 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2017 LINCOLNWAY WEST, SOUTH BEND, INDIANA 46628. WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is regAred to make a determination in writing on such requests pursuant to ir,dian-- Code Section 36 -7 -4- 918.4; and WHEREAS, the Sout' Board of Zoning Appeals has recommended favorable that it grant an exceptic. suant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5 -14- 1.5.5, requesting that a special exception be granted for the property located at: 2017 Lincoln Way West, South Bend IN 46628 in order to permit: special exception to Douglas S. Taelman for combined use to allow residential use of second floor apartment, the first floor to be a hair styling salon which the applicant will operate. Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of identification as Exhibit A. 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoniung Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the reasonable -- conditions established by the Board of Zoning appeals which are attached hereto and incorporated herein and marked for purposes of identification as Exhibit B. Section V. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. X00 REGULAR MEETING /s /Stephen Luecke Member of the Common Council FEBRUARY 22, 1993 A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Bob Nagle, of the Board of Zoning Appeals, spoke on this bill. He indicated development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of our community. A favorable recommendation was given by the Board of Zoning Appeals. Kenneth Fedder, Attorney, made the presentation of this resolution. He explained that the applicant, Douglas S. Taelman, seeks special exception for combined use to allow residential use of second floor apartment. This would allow for a special exception in "C" Commercial for this purpose. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Coleman). RESOLUTION NO. 2013 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2502 WEST LAWTON STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, 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 2502 W. Lawton and which is more particularly described as follows: Lots sixty (60) sixty -one (61), sixty -two (62) sixty -three (63), sixty -four (64) sixty -five (65) sixty -six (66) and sixty -seven (67) as shown on the recorded Plat of West End Subdivision, within and a part of the City of South Bend, recorded August 20, 1901 in Plat Book 8, page 46. with said real estate having the following Key No. 182038 1327, 182038 1318, 182038 1315 and 182038 1306, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12- .1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows. Section I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years, 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. Council Member Kelly reported that the Human Resources Committee had met on this resolution and recommended it to the Council favorable. Thomas R. Kinnucan, Jr., President of Hoosier Tank and Manufacturing, made the presentation. He indicated they are planning to purchase punch presses, welders, two air tank test chambers, one air tank assembly machine, and various pieces of tooling to form air tank parts. Council Member Kelly 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 Puzzello made a motion to combine public hearing on the next two bills, seconded by Council Member Coleman. The motion carried. �0? REGULAR MEETING FEBRUARY 22, 1993 RESOLUTION NO. 2014 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 645 WILBER STREET, SOUTH BEND, INDIANA, 46628, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR ASTAR, 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 645 Wilber St. South Bend, Indiana, and which is more particularly described as follows: Lots numbered one hundred six (106), one hundred seven (107), one hundred eight (108) and one hundred nine (109) as shown on the recorded Plat of Kauffman Place Addition to the City of South Bend, recorded in Plat Book 9, page 57 in the Office of the Recorder of St. Joseph County, Indiana. and this property has Key Number 18 2016 0465, 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. Stephen Luecke Member of the Common Council ,)02 r REGULAR MEETING FEBRUARY 22, 1993 RESOLUTION NO. 2015 -93 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 645 WILBER STREET, SOUTH BEND, INDIANA, 46628, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR SIDNEY MOORE, JR. AND DOROTHY D. MOORE. 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 3620 W. McGill, South Bend, Indiana, and which is more particularly described as follows: Lots numbered one hundred six (106), one hundred seven (107), one hundred eight (108) and one hundred nine (109) as shown on the recorded Plat of Kauffman Place Addition to the City of South Bend, recorded in Plat Book 9, page 57 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Number 18 2016 0465, be Area under the provisions of Indiana Code Municipal Code Sections 2 -76 et seq. and; designated as an Economic Revitalization 6 -1.1- 12.1 -1 et seq., and South Bend 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. 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 ,)03 REGULAR MEETING FEBRUARY 22, 1993 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 A public hearing was held on the above bills at this time. Council Member Kelly reported that the Human Resources Committee had met on these bills and recommended them to the Council favorable. Council Member Slavinskas made a motion to accept amended Bill No. 93 -14, seconded by Council Member Coleman. The motion carried. George Herendeen, attorney, made the presentation. He indicated Astar, Inc. is a manufacturer of injected plastic molded products. He indicated that the Moore's own the property, and Astar, Inc. will own the equipment. He indicated this project calls for construction of a new building of 11,000 square feet, rehabilitation of an existing building of 5000 square feet and installation of new injected plastic molding equipment. Council Member Coleman made a motion to adopt Resolution No. 93 -13, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to adopt amended Resolution No. 93 -14, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2015 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3615 AND 3511 WEST VOORDE DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR CAPITOL TECHNOLOGIES, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3615 and 3511 W. Voorde Dr. South Bend, Indiana, and which is more particularly described as follows: 2.664 AC BEG. 814 FT. SO. & 727.2 E CENTER SEC. 22 -28 -2E 3511 Voorde Drive, South Bend, Indiana and this property has Key Number 18- 02184693816, and 3511 West Voorde Drive, and which is more particularly described as follows: Beg. 815.52's & 1348.23' W NE Cor. Sec 33 -38 -2E 2.61 acres and which has Key Number 18- 2184693816 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 X04 REGULAR MEETING FEBRUARY 22, 1993 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 I 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 above bill at this time. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. David Steinbower, President of Capitol Technologies, made the presentation. He indicated Capitol is undergoing a five year expansion program, and they intend to purchase "American" equipment in the amount of $1,275,000. 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. BILL NO. 93 -16 A RESOLUTION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THE INDIANA GENERAL ASSEMBLY TO PASS LEGISLATION ALLOWING SOUTH BEND TO ESTABLISH A DISTRICT PLAN WHICH BEST SERVES ITS CITIZENS. A public hearing was held on the above bill at this time. Council Member Luecke ' requested that Vice President, Eugene Ladewski, take the chair. Council Member Luecke made the presentation. He indicated this resolution requests the Indiana General Assembly to give the City flexibility in establishing a districting system, including the authority to have more than nine council members. He indicated it affirms the important role that at -large council members play in governing; and it recognizes that having more districts may provide better representation for the citizens of South Bend, while allowing for more diversity on the Council. Discussion followed. Lee Brummett, 1129 Diamond Avenue; Joyce Boaler, 1606 Hillsdale; and Gene Oakley, 2614 York Road; all spoke in opposition of this resolution. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was defeated by a roll call vote of three ayes (Council Members Kelly, Puzzello, and Luecke) and six nays. PRIVILEGE OF THE FLOOR Joyce Boaler, 1606 Hillsdale, spoke regarding the snow plowing work done by our Street Department and was pleased with their efforts. She complimented the Street Department on a job well done. Jim Cierzniak, 1156 E. Victoria Street, spoke against the proposed National College Football Hall of Fame and submitted a two page letter to the Council. Lee Brummett, 1129 Diamond Avenue, spoke about the Council's salary. Council Member Luecke clarified that the Council did not receive a raise for the year 1993 as stated by Mr. Brummett. ' Council Member Ladewski commended Mrs. Cramer and Mrs. Dabrowiak, of the City Clerk's Office, for their work on the Council meeting. 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 Washington. The motion carried and the meeting was adjourned at 9:35 p.m. ATTEST: C�c.e.�c,.pl 0 °��� -cooz✓ City Clerk ATTEST: Peden