Loading...
HomeMy WebLinkAbout02-26-96 Council Meeting MinutesREGULAR MEETING FEBRUARY 26, 1996 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 26, 1996, 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, Pfeifer, Kelly, Broden, Varner, Zakrzewski, Coleman Hosinski and Washington 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 February 12, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the February 12, 1996, meeting be accepted and placed on file, seconded by Council Member Luecke. The motion carried. SPECIAL BUSINESS Council President Kelly announced the following reappointments to the Urban Enterprise Association: Howard Goodhew Louvennia Cain Charlotte Pfeifer Conrad Damien Council Member Luecke made a motion to set a special meeting for March 5, at 7:00 p.m., to address the County Option Income Tax, as well as the Homestead Credit, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to change the agenda by moving resolution 96 -13 to the resolution portion of the agenda, seconded by Council Member Luecke. The motion carried. REPORT OF CITY OFFICES Beth Leonard, Economic Development, made a report on future of the block and emergency shelter grants. She indicated grant funds may be cut by 58 percent, or there could be an excess of funds. She indicated they, as well as their grantees were very concerned about the future of these funds. Council Member Coleman indicated he would like the Council to sponsor a resolution urging our representatives in Washington to support the continuation of these grants. 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 at 7:15 p.m. with nine members present. Chairman Washington presiding. REGULAR MEETING FEBRUARY 26, 1996 BILL NO. 86 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 323 SOUTH MAIN STREET, 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 Zakrzewski reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, reported that the petitioner was requesting a change in zoning from "D" light industrial to "C" Commercial to allow for a printing business, restaurant, and residential apartments that are subject to a special exemption. He indicated Area Plan recommended this bill to the Council favorable. Morgan Sweeney, Morgan Sweeney Associates, made the presentation for the bill. He indicated he was able to answer any questions the Council might have. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion carried. BILL NO. 2 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE TO REVISE REQUIREMENTS AS TO IDENTIFICATION OF ANIMALS, TO REVISE PROVISIONS FOR ANIMAL CONTROL AND PENALTIES FOR VIOLATIONS Council Member Luecke made a motion to continue this bill until March 11, seconded by Council Member Coleman. The motion carried. BILL NO. 3 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING OHIO STREET FROM FELLOWS STREET TO MARIETTA STREET AND RUSH STREET FROM KEASEY STREET TO THE PENN CENTRAL RAILROAD AND CERTAIN NORTH /SOUTH AND EAST /WEST ALLEYS SITUATED BETWEEN FELLOWS STREET AND MARIETTA STREET, AND SAMPLE STREET AND KEASEY STREET 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 Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Ann Kolata, Deputy Executive Director of Community and Economic Development, made the presentation for the bill. She indicated Redevelopment had purchased the land in this area and is making it available to the Family and Children's Center for development of a new Boys and Girls club and other youth related activities. Karla Fannin, 701 E. Keasey, asked that a four way stop sign be erected at Keasey and Marietta, since the closing of the street will cause more traffic. Ann Kolata indicated they would certain try and solve any traffic problems that are created. Carl Litteral, Engineering, indicated he did not feel this intersection will qualify. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 6 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SECOND EAST -WEST ALLEY SOUTH OF EAST WAYNE STREET FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH SAINT PETER STREET TO THE WEST RIGHT -OF -WAY LINE OF SOUTH NOTRE DAME AVENUE FOR A DISTANCE OF APPROXIMATELY 344 FEET AND A WIDTH OF 14 FEET; AND THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH SAINT PETER STREET FROM THE SOUTH LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF EAST WAYNE STREET TO THE NORTH LINE OF THE SECOND EAST -WEST ALLEY SOUTH OF EAST WAYNE FOR A DISTANCE OF APPROXIMATELY 66 FEET AND A WIDTH OF 14 FEET. PART SITUATED IN REGULAR MEETING FEBRUARY 26, 1996 COTTRELL'S FIRST ADDITION TO THE CITY OF SOUTH BEND, SAINT JOSEPH COUNTY, 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 Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Tom Walz, attorney, indicated the purpose of vacating these alleys to allow the land to become a contiguous piece of real estate. He indicated the petitioner, Patrick McGraw, plans to make a multi - purpose ball field for the community's use, as a boy's club type of environment. Council Member Broden asked if a buffer could be established. Mr. McGraw indicated he might some day erect a fence. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 8 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN PORTAGE TOWNSHIP CONTIGUOUS THEREWITH; KLINK ANNEXATION AREA Council Member Luecke made a motion to continue this bill until March 11, seconded by Council Member Coleman. The motion carried. BILL NO. 11 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES, INCLUDING $1,338,618 FROM THE GENERAL FUND, $1,400,000 FROM THE PARKS AND RECREATION FUND, $692,240 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $150,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $187,500 FROM THE EMERGENCY MEDICAL SERVICES FUND, $27,000 FROM THE BUILDING DEPARTMENT FUND, $291,5010 FROM THE SOLID WASTE DEPRECIATION FUND, $903,000 FROM THE WATER WORKS DEPRECIATION FUND, $5,944,500 FROM THE SEWAGE WORKS DEPRECIATION FUND, $1,445,000 FROM THE LOCAL ROAD AND STREET FUND, $719,000 FROM THE ECONOMIC DEVELOPMENT INCOME TAX 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 Luecke reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Jeff Rinard, Deputy City Controller, made the presentation for the bill. He indicated this year the administration has taken a different approach toward the way we handle the capital expenditures. He indicated they will be making a variety of improvements this year to various facilities and capital inventory, and this bill appropriates the funds to accomplish these goals. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 12 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 -18 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING OVERTIME PARKING FINES 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 Varner made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Luecke reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Loretta Duda, City Clerk, made the presentation for the bill. She indicated that REGULAR MEETING FEBRUARY 26, 1996 in reviewing the Ordinance Violation Bureau it was felt that the penalty time on a parking ticket should be lengthened from five days. She indicated Fort Wayne imposes a penalty after thirty days, however, it was felt that a reasonable time would be fourteen days. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, 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 Coleman. The motion carried. ATTEST: ATTEST: MEETING RECONVENED Chairman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:55 p.m. Council President Kelly presiding, and nine members present. BILLS. THIRD READING ORDINANCE NO. 8658 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 323 SOUTH MAIN STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8659 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING OHIO STREET FROM FELLOWS STREET TO MARIETTA STREET AND RUSH STREET FROM KEASEY STREET TO THE PENN CENTRAL RAILROAD AND CERTAIN NORTH /SOUTH AND EAST /WEST ALLEYS SITUATED BETWEEN FELLOWS STREET AND MARIETTA STREET, AND SAMPLE STREET AND KEASEY STREET This bill had third reading. Council Member Washington 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. 8660 -96 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SECOND EAST -WEST ALLEY SOUTH OF EAST WAYNE STREET FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH SAINT PETER STREET TO THE WEST RIGHT- OF -WAT LINE OF SOUTH NOTRE DAME AVENUE FOR A DISTANCE OF APPROXIMATELY 344 FEET AND A WIDTH OF 14 FEET; AND THE FIRST NORTH - SOUTH ALLEY EAST OF SOUTH SAINT PETER STREET FROM THE SOUTH LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF EAST WAYNE STREET TO THE NORTH LINE OF THE SECOND EAST -WEST ALLEY SOUTH OF EAST WAYNE FOR A DISTANCE OF APPROXIMATELY 66 FEET AND A WIDTH OF 14 FEET. PART SITUATED IN COTTRELL'S FIRST ADDITION TO THE CITY OF SOUTH BEND, SAINT JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Washington made a REGULAR MEETING FEBRUARY 26, 1996 motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8661 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES, INCLUDING $1,338,618 FROM THE GENERAL FUND, $1,400,000 FROM THE PARKS AND RECREATION FUND, $692,240 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $150,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $187,500 FROM THE EMERGENCY MEDICAL SERVICES FUND, $27,000 FROM THE BUILDING DEPARTMENT FUND, $291,500 FROM THE SOLID WASTE DEPRECIATION FUND, $903,000 FROM THE WATER WORKS DEPRECIATION FUND, $5,944,500 FROM THE SEWAGE WORKS DEPRECIATION FUND, $1,445,000 FROM THE LOCAL ROAD AND STREET FUND, $719,000 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8662 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 -18 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING OVERTIME PARKING FINES This bill had third reading. Council Member Washington 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 Washington 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 RESOLUTION NO. 2339 -96 A RESOLUTION OF THE COMMON COUNCIL 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 323 SOUTH MAIN, SOUTH BEND, INDIANA 46614. 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 REGULAR MEETING FEBRUARY 26, 1996 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 required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant 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: 323 South Main Street, South Bend, Indiana, 46614 in order to permit A combined use in a Property Zone "C" Commercial 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 on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: 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 Zoning 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 on file in the office of the City Clerk. 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. /s /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Morgan Sweeney, Architect, made the presentation for the resolution. He indicated the petitioners planned to have a commercial business and a restaurant on the first floor, and make 16 loft apartments on the second floor. Ann Kolata, Deputy Director of Economic Development, spoke in favor of this rezoning. After a discuss on parking REGULAR MEETING FEBRUARY 26, 1996 availability, Stephen Sommers, one of the petitioners, indicated there was parking to the west of this building available to them, as well as a pay lot, and if necessary he would pay for his employees to park, therefore, parking spaces would be available day and night for apartment residents. Council Member Washington made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Coleman.) RESOLUTION NO. 2340 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5820 WEST F. JAY NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: THE MANAGEMENT CONSORTIUM, 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 5820 W. F.Jay Nimtz, South Bend IN, and which is particularly described as follows: Lot #3 of the Blackthorn Corporate Office Park said real estate having the following Key No. 28- 1018 - 0624.03 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. 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 sea. 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 /Roland Kelly Member of the Common Council A public hearing was held on.the resolution at this time. William I REGULAR MEETING FEBRUARY 26, 1996 Hurst, President of Management Consortium, made the presentation for the resolution. He indicated they propose to build a four story, 150 room, full service hotel which will overlook the Blackthorn Golf Course. Ann Kolata, Redevelopment spoke in favor of this resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2341 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 W. SAMPLE STREET, SOUTH BEND, INDIANA, 46619, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CHERRY ROLLER, 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 3702 W. Sample, South Bend IN, and which is particularly described as follows: That part of the northeast quarter of 16,T. 37 N, R 2E, City of South Bend, St. Joseph County, which is described as: From the Northwest Corner of the East half of the Northeast quarter of said Section measure South 90 deg. 00 min. 00 sec. West along the North line of said Section 630 ft. and South 00 deg. 02 min. 31 sec. West along the North line of said Section 630 ft. and South 00 deg. 02 min. 31 sec. E 40.00 ft. and north 90 deg. 00 min. 00 sec. East 300.02 ft (300.00 ft. Record) and South 00 deg. 04 min. 00 sec. West 579.33 ft. (S. 00 deg. 01 min 52 sec. W., 59 min, 13 sec. East 13.745 Ft. Record) and South 00 deg. 00 min 38 sec. east 280.27 ft. to the Point of Beginning of this description, thence South 89 deg. 55 min. 49 sec. West along the North line of Industrial Ave. (now Vacated). 159.99 ft. thence South 00 deg. 03 min. 24 sec. West 400.60 ft,; thence south 89 deg. 55 min 41 sec. East along the northerly line of the New Jersey, Indiana and Illinois Railroad 289.00 ft., thence north 00 deg. 03 min. 24 sec. East 363.03 ft (N 00 deg. 01 min 48 sec. E. 364.55 ft. Record) ; thence North 89 deg. 56 min. 24 sec. west 128.96 ft. (N 89 deg. 55 min 00 sec. 128.885 ft., Record). thence North 00. deg. 00 min 38 sec. West 36.00 ft. (N 00 deg. 02 min 16 sec. W. Record) to the point of beginning. Containing 2.5472 acres. with said real estate having the following Key No. 180 811 242 1503 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 REGULAR MEETING FEBRUARY 26, 1996 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 sea. 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 /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman reported that the Community and Economic Development Commission had met on this bill and recommended it to the Council favorable. Ralph Caruso, attorney, made the presentation for the resolution. He indicated Cherry Roller is a new company that will be locating in the Sample Street Business Complex; this is a company that produces hi -tech elastomeric rollers used in several types of manufacturing. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2342 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 208 EAST SAMPLE STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: CHARLES AND HATTIE P. PRYOR 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 208 E. Sample, South Bend IN, and which is particularly described as follows: THAT PART OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAMPLE STREET WITH THE EAST LINE OF THE RECORDED PLAT OF "BAKER'S" FIRST ADDITION ", AS RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, THENCE ALONG THE SOUTH LINE OF SAMPLE STREET S. 890 44' 10" E., 194.37 FT. (EAST, 194.00 FT.) THENCE S 00o 44 42 W. 146.68 FT. TO A POINT ON THE NORTH LINE OF LOT 4 OF SAID RECORDED PLAT; THENCE N. 890 34' 53" W. ALONG SAID NORTH LINE 6.91 FT.; THENCE S. 000 32' 18" W., 96.41 FT. THE NORTH RIGHT -OF -WAY LINE OF OHIO STREET; THENCE ALONG SAID NORTH LINE N. 890 39' 20" W., 177.44 FT. TO A POINT WHICH IS S 890 39' 20" E. 38.50 FT. FROM THE SOUTHWEST CORNER OF LOT 1 IN SAID SUBDIVISION; THENCE N. 000 27' 47" E. 96.64 FT. TO THE NORTH LINE OF SAID LOT 1; THENCE ALONG SAID NORTH LINE N. 890 34' 53" W., 9.46 FT.; THENCE N. 000 34' 34" E., 146.15 FT. (NORTH, 145.0 FT., RECORD) TO THE POINT OF BEGINNING. 1 LJ REGULAR MEETING FEBRUARY 26, 1996 with said real estate having the following Key No. 18 7001 0008 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, 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 sea. 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 /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Craig Difley, warehouse manager, made the presentation for the resolution. He indicated they planned to construct a building to house all operations of the business. Council Member Zakrzewski made a motion to adopt the resolution, seconded by Council Member Pfeifer. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A 2343 -96 DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 325 S. WALNUT, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MASTERBILT, 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 325 S. Walnut, South Bend IN, and which is particularly described as follows: Lot 41 Ex Pt NE Cor Lot 42 Knoblocks Sub Bol 84 N of RR with said real estate having the following Key Nos. 18 3076 3060 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the REGULAR MEETING FEBRUARY 26, 1996 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 sea. 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 /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Hosinski. The motion carried. Mike Wojtysiak, CPA, made the presentation for the resolution. He indicated this company produces components for fuel controls for Allied Signal and other manufacturers, and they need to purchase new equipment necessary to maintain quality and productivity. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2344 -96 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 2200 BLOCK OF SOUTH MEADE STREET, 2100 BLOCK OF WEST INDIANA AVENUE, 1600 BLOCK OF SOUTH PHILLIPA STREET, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR BOB LUAN (D.B.A BL BUILDERS) 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 areas commonly known as 1600 block of South Phillipa Street, 2200 Block of South Meade Street, 2100 Block of West Indiana Avenue, South Bend, Indiana, and which are more particularly described as follows: Address Range Legal Description Key Number 2100 Block S. Meade St. Lot 259 Homeland Third Addn. 18 8107 4070 Lot 260 Homeland Third Addn. 18 8107 4069 Lot 261 Homeland Third Addn. 18 8108 4068 REGULAR MEETING FEBRUARY 26, 1996 Lot 262 Homeland Third Addn. 18 8107 4067 2100 Block W. Indiana Lot 100 Replat of Highland Pk.18 8 -87 3357 Lot 101 Replat of Highland Pk 18 8 -87 3356 1600 Block S. Phillipa Lot 77 South Bend Indst. Addn.18 8095 3630 Lot 78 South Bend Indst. Addn.18 8095 3629 Lot 80,81,82 & 84 S.Bend Addn.18 8093 3579 be designated as a Residentially Distressed 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 Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed 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 Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed 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 Indian a Code 6 -1.1- 12.1 -1, et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development; B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3 SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Section 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 Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION V. The designation as a Residentially Distressed Area REGULAR MEETING FEBRUARY 26, 1996 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 five (5) 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 pursuant to Indiana Code 5- 3-1 and Indiana Code 6 -1.1- 12.1 -2.5, 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Mary Booth, 817 Donmoyer, indicated that by having the tax abatement we can build affordable housing, to help the growth in the south west portion of the city. Council Member Washington made a adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 13 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE TO ADD DIVISION 6, SECTION 13 -123 ESTABLISHING FEES FOR PROCESSING HANDGUN TRANSFER APPLICATIONS This bill had first reading. Council Member Luecke made a motion to refer this bill to the Public Safety Committee, and set it for public hearing and third reading on March 11, 1996, seconded by Council Member Washington. The motion carried. PRIVILEGE OF THE FLOOR Dr. Carol Ecker, 50871 Ironwood, spoke regarding the duties of the Humane Society. Sheryl Crompton, 59328 Clover Rd., indicated she was president of Michiana Kennel Club, she spoke regarding pure bred dogs, as their treatment is related to the Humane Society. Dr. Robert Eby, 60660 U.S. 31 S, spoke regarding Humane Society being able to care of native wild life. Jeff Gorman, 6038 Fellows, gave a report on the moneys received by the Humane Society. Larry Ecker, read a letter from Drewy Watkins, former treasurer of the Human Society. Jackie Walorski, former director of the Humane Society, gave a list of services provided by the Society. Mary Wadsworth, 1420 Broadway, Niles, discussed the financial picture of the Human Society. Jim Cierzniak, 1156 E. Victoria, spoke regarding Notre Dame had asked for donations for the Football Hall of Fame, and collected $10,000 from season ticket holder donations, and this was sent to the National Football Foundation. He indicated they will not return the money to the City. Gary Aretz, 1553 Wildflower Lane, spoke against the City of South Bend not continuing their contract with the Humane Society. Dr. David Vissar, Roseland Animal Hospital, spoke regarding infectious diseases which can be spread among animals not kept in controlled n 1 1 REGULAR MEETING FEBRUARY 26, 1996 conditions. Dr. Kathleen Newhoff, American Animal Hospital Association, she indicated the City not using with the Humane Society was a step backward. She also asked that the City continue microchipping. Kay Schultz, 59169 Bajor Lane, spoke regarding the benefits of microchipping dogs and cats. Gunner Jensen, 1920 Rockne Dr., spoke against the City handling animal control. Kathy - - Dempsey, Director of Code Enforcement, indicated the City was going to continue microchipping; they do have DNR permits to handle wildlife; have hired 4 people, 2 of which are former Humane Society employees. She indicated their mission was to be the best, and they have received many compliments. There being no further business to come before the Council unfinished or new, Council President Kelly adjourned the meeting at 9:40 p.m. ATTEST: ATTEST: -t�Cler President