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HomeMy WebLinkAbout05-28-96 Council Meeting MinutesREGULAR MEETING May 28, 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 Tuesday, May 28, 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 May 13, 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 May 13, 1996, meeting be accepted and placed on file, seconded by Council Member Washington. The motion carried. REPORT OF CITY OFFICES Brian Hedman, Executive Director of Century Center, reported that the Century Center also supervised the College Football Hall of Fame, and the Morris Civic. He indicated that in 1995 there were many building renovations, and added 6,000 square feet of exhibit area and meeting rooms. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Luecke. 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 7:13 p.m. with nine members present. Chairman Washington presiding. BILL NO. 15 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2334 PRAIRIE AVENUE 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 Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, reported that the petitioners were requesting this zoning from A residential to C Commercial, F height and area. He indicated the property contains a gas station and convenience store, which they plan to renovate. He reported that the Commission sends this petition to the Council with a favorable recommendation. Mike Dobson, B &R Oil, made the presentation for the bill. He indicated they were requesting this zoning in order to rebuild the existing facility. He indicated the present facility was built in the '80's and needed to be expanded and updated. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 16 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 332 NORTH IRONWOOD DRIVE IN THE CITY OF REGULAR MEETING SOUTH BEND, INDIANA MAY 28, 1996 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 Annexation Committee had met on this bill and recommended it to the Council favorable. He made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Luecke. The motion carried. John Byorni, Area Plan, reported that the petitioners were requesting this zoning from A residential to Cl Commercial to allow for the reconstruction of a real estate office. He indicated this bill had received a favorable recommendation from the Commission. Donald Ross, Ross Development, indicated this project is for the rebuilding of Cressy and Everett's real estate office, since the former office was destroyed by fire. He indicated the owners wanted to increase the size of this building in order to move their main office to this location. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 20 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 211 -213 S. MICHIGAN, 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 Annexation Committee had met on this bill and recommended it to the Council favorable. He made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Luecke. The motion carried. John Byorni, Area Plan, reported that the petitioners were requesting this zoning from C commercial to A3 mixed use to allow for apartments, retail and commercial in the old Robertsons Building. He indicated the Commission had recommended this to the Council favorable. Jeff Gibney, Director of South Bend Heritage, indicated they will be the developer of this project, and manage the facility after it is complete. He indicated there would be six commercial establishments on the first floor of the building. James Cronk, 702 E. LaSalle, spoke against this zoning, indicating this building should be used for retail only. He indicated there is a trend in a lot of cities to bring retail back into their downtown area, and this building could be better used for this purpose. Council Member Luecke reported the was an employee of South Bend Heritage but stood to gain no benefit from this zoning. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Hosinski. The motion carried. r BILL NO. 31 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: IVY ROAD FROM THE NORTH RIGHT -OF -WAY LINE OF SOUTH BEND AVENUE (S.R.23) TO THE SOUTH RIGHT -OF -WAY OF EDISON ROAD FOR A DISTANCE OF APPROXIMATELY 260 FEET IN LENGTH AND 60 FEET IN WIDTH; PART SITUATED IN THE NORTHWEST QUARTER OF THE WEST ONE -HALF OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, SOUTH BEND, ST. 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. Anthony Zappia, attorney for the petitioner, indicated he was representing the owner of the building that housed the Linebacker, and two other commercial facilities. He indicated the State plans to widen REGULAR MEETING MAY 28, 1996 South Bend Avenue and this would eliminate the parking now used by the Linebacker, therefore, we are seeking approval for the vacation of Ivy Road. He indicated that timing was not too important, since the State is not planning to do this widening for a couple of years, so we would leave that up to the City and will work with them. Tom Sopko, 210 S. Michigan, attorney for the Linebacker, indicated that this vacation would allow this business to continue in its present location. Council Member Luecke questioned who would be liable for that portion of road if the vacation was effective immediately. He asked if contact had been made with Notre Dame since they will own half the road after vacation. Mr. Zappia indicated he had been in contact with Notre Dame, he indicated it was important the three tenants that they know the road will be closed and they will have a place to stay, otherwise they will be forced to look somewhere else. After discuss Mr. Zappia indicated they would be willing to continue this matter until June 24, in order to work out the logistics. Council Member Zakrzewski made a motion to continue the bill, seconded by Council Member Varner. The motion carried. BILL NO. 32 -96 A BILL TO VACATE ALL STREETS AND ALLEYS SOUTH OF VACATED ELDER STREET, EAST OF MICHIGAN STREET, WEST OF CARROLL STREET AND NORTH OF FIRST EAST /WEST ALLEY SOUTH OF PENNSYLVANIA, INCLUDING ALL STREETS AND ALLEYS SOUTH OF OHIO STREET, EAST OF CARROLL STREET, WEST OF FELLOWS STREET AND NORTH OF FIRST EAST /WEST ALLEY SOUTH OF PENNSYLVANIA STREET. FURTHER INCLUDING KEASEY STREET EAST OF FELLOWS AND WEST OF MARIETTA. Council Member Luecke made a motion to continue this bill, at the request of the petitioner, until June 10, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 34 -96 A BILL APPROPRIATING $110,000.00 FROM THE LOCAL, ROAD AND STREET 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 Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. John Leszczynski, Director of Public Works, will be used for the design of an interchange allowing traffic to flow from St. Joseph Valley Parkway to the Nimtz Parkway. He indicated the total cost of the project is $305,000 and the balance will be appropriated from TIF funds. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 35 -96 A BILL APPROPRIATING $300,000.00 FROM THE SEWAGE DEPRECIATION 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 Pfeifer reported that the Utilities Committee had met on this bill and recommended it to the Council favorable. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation would be used for the construction of a storm sewer along Ketterling Drive and adjacent streets, which will greatly improve drainage and eliminate existing backup problems. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 36 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $107,880 FROM THE GENERAL FUND; $31,402 FROM THE CUMULATIVE CAPITAL REGULAR MEETING MAY 28, 1996 DEVELOPMENT FUND; AND $350,670 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 Controller, made the presentation for the bill. He indicated the General Fund request was for the remodeling of the old fire station on Olive Street to be used for the animal control program, the CCDF request was for the police vehicle and cages for the animal control program; the EDIT funds was the City's share of a 4.9 million dollar Toll Road interchange project in the Blackthorn area, improvements in the Meade Street area and various downtown improvements. Gary Aretz, 1553 Wildflower presented a petition asking the City to reopen negotiations with the Humane Society, and halt any further capital investments for the animal control program. Joyce Boaler, 1606 Hillsdale Road, indicated the administration was using the pretext of saving taxpayers money to justify taking over animal control. She indicated she was concerned about the quality of care the animals will be receiving. Mary Wadsworth, director of the Humane Society, indicated the decision not to stay with the Humane Society was made strictly from a financial standpoint, however, the City has already exceeded their budget, it cannot be done for $180,000. Jackie Walorski, 1342 Roelke, past director of the Humane Society, indicated at the end of the year the City's program will cost much more than $180,000. Gunner Jensen, 1920 Rockne Dr., spoke against the City's animal control program. He indicated the petition that was presented had over 2,000 signatures, and asked how many more they needed to get action on this matter. There was a lengthy discussion on number on the pros and cons of the program. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Luecke. The motion carried. BILL NO. 37 -96 A BILL CREATING A DIVISION OF ANIMAL CONTROL WITHIN THE GENERAL FUND AND FUNDING SAID DIVISION BY DECREASING THE DIVISION OF CODE ENFORCEMENT 1996 BUDGET BY $180,872 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 Controller, made the presentation for the bill. He indicated this was a transfer of funds in the Code Enforcement budget to establish a division of Animal Control. Joyce Boaler, 1606 Hillsdale, indicated she objected to this bill. Gene Oakley, 2614 York Rd., indicated he took offense to the fact that Bill No. 36 -96 was tied together with other appropriations. Jackie Walorski, 1342 Roelke, thanked the Council for their efforts. She indicated what has happened here is a joke. Mary Wadsworth, Director of the Humane Society indicated there is no question that the City can do animal control, but they cannot do it for $180,000. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Luecke. The motion carried. BILL NO. 30 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REMOVING THE SOUTH BEND WATER WORKS FROM THE JURISDICTION OF THE INDIANA UTILITY REGULATORY COMMISSION PURSUANT TO I.C. 8- 1.5 -3 -9 -1 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to REGULAR MEETING MAY 28, 1996 be heard. Council Member Pfeifer reported that the Utilities Committee had met on this bill and recommended it to the Council favorable. John Leszczynski, Director of Public Works, indicated this was the third meeting held on this bill, the other meetings were held May 15 and May 21. He gave a brief review of the reasons the City felt it was in the their best interest not to be under the jurisdiction of the Indiana Utility Regulatory Commission. Joyce Boaler, 1606 Hillsdale; Jim Cierzniak, 1156 E. Victoria; Gene Oakley, 2816 York Rd., spoke against this bill. Council member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: ATTEST: AyamL tyye k Chairman 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 10:21 p.m. Council President Kelly presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8675 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2334 PRAIRIE AVENUE 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. 8676 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 332 NORTH IRONWOOD DRIVE IN THE CITY OF SOUTH BEND, INDIANA Council Member Pfeifer made a motion to recess for five minutes, seconded by Council Member Broden. The motion carried and the meeting was recessed at 10:22, and reconvened at 10:26. This bill had third reading. Council Member Luecke made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Hosinski. The motion carried. Council Member Luecke made a motion to pass the bill, as amended, seconded by Council Member Hosinski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8677 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 211- 213 S. MICHIGAN, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Zakrzewski made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Washington. The motion REGULAR MEETING MAY 28, 1996 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. 8678 -96 AN ORDINANCE APPROPRIATING $110,000.00 FROM THE LOCAL ROAD AND STREET FUND This bill had third reading. Council Member Luecke made a motion to pass the bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8679 -96 AN ORDINANCE APPROPRIATING $300,000.00 FROM THE SEWAGE DEPRECIATION FUND This bill had third reading. Council Member Zakrzewski made a motion to pass the bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8680 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $107,880 FROM THE GENERAL FUND; $31,402 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND; AND $350,670 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND This bill had third reading. Council Member Luecke made a motion to pass the bill, seconded by Council Member Coleman. The bill passed by a roll call vote of six ayes and three nays (Council Members Varner, Hosinski, Washington.) ORDINANCE NO. 8681 -96 AN ORDINANCE CREATING A DIVISION OF ANIMAL CONTROL WITHIN THE GENERAL FUND AND FUNDING SAID DIVISION BY DECREASING THE DIVISION OF CODE ENFORCEMENT 1996 BUDGET BY $180,872 This bill had third reading. Council Member Luecke made a motion to pass the bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of six ayes and three nays (Council Members Varner, Hosinski, Washington.) ORDINANCE NO. 8682 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REMOVING THE SOUTH BEND WATER WORKS FROM THE JURISDICTION OF THE INDIANA UTILITY REGULATORY COMMISSION PURSUANT TO I.C. 8- 1.5 -3 -9 -1 This bill had third reading. Council Member Pfeifer made a motion to pass the bill, seconded by Council Member Broden. The bill passed by a roll call vote of eight ayes and one nay (Council Member Varner.) RESOLUTIONS RESOLUTION NO. 2358 -96 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 TUCKER DRIVE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE OF INDIANA, INC., STEEL WAREHOUSE CO., INC., ALLAN LERMAN, FRANCES LERMAN, NATHAN LERMAN AND A & F REALTY CO. REGULAR MEETING MAY 28, 1996 Whereas, a petition for real 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 Drive, South Bend, Indiana, and which is more particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana: A part of the South h of the North west 1/4 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, as described as follows: Beginning at a point on the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said point being 172.0 feet North of the North right of way line of Indiana Northern Railway Company; thence Westerly parallel with said North right of way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. By a deed recorded October 16, 1973 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, Inc. Tract, said line being parallel with the East line of said Southwest 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the south line of Tucker Drive 215.93 feet; thence south parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 495.90 feet to the North right of way line of the Indiana Railway Company; thence Easterly along said North right of way line 860.23 feet to the West edge of Steel Warehouse Co., Inc.'s building; thence North along said west edge of building, 172.0 feet; thence Westerly parallel with the North right - of -way line of the Indiana Northern Railway Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest quarter of the Northwest Quarter; thence West 540 feet; thence south parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.5 feet to a point 172 feet North of the North line of the right of way of the Indiana Northern Railway Company; thence East parallel with said North line of said right of way, 540 feet; thence North parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. A tract of land in the West Half (h) of the Northwest Quarter (1/4) of Section fifteen (15), Township Thirty -seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section (Fifteen (15); thence South along the Northern and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along said North line to the West line of said Section Fifteen (15); thence North along said West line One Hundred Twenty -eight and One tenth (128.1) feet, more or less, to a line Two Hundred fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right of way; thence Northeasterly parallel REGULAR MEETING MAY 28, 1996 to the Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right of way Seven hundred Twenty -seven and One- Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter ()1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence southerly along said East line One Hundred Ninety -nine and Eight -six Hundredths (199.86) feet, more or less, to the South line of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty -three and Fifty -two Hundredths (66.25) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest Quarter of Section 15, Township 37 North, Range 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, to -wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15, 600 feet West of the Northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence south a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the north line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately South of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the southeast Quarter (1 /4) of the Northwest Quarter (1/4) of section fifteen (15), township thirty -seven (37) north, range two (2) east, now within and a part of the City of South Bend, described as beginning at a point 260 feet south of the Northeast corner of the southeast Quarter (1/4) of the Northeast Quarter (1/4) of said Section Fifteen (15); thence south 492.9 feet to the North line of the right of way of the Indiana Northern Railroad, 305 feet; thence north 492.9 feet; thence west 305 feet to the place of beginning. Together with a right of way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 feet roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township 37 North, Range No. 2 East, containing 20 acres; more or less, and being Lot No. 16 in the Sub - division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: The original right of way across, the North West corner theretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894, and recorded in Deed Record 95, page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said original right of way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less to a point distance 250 feet by rectangular measurement from the original center line of said right of way; thence North Easterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right of 1 1 REGULAR MEETING MAY 28, 1996 way a distance of 733.3 feet, more or less, to a point on the East line of said Section 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the north line of said Lot No. 16, thence North on said East line, a distance of 105.5 fee, more or less, to the North East corner of said lot No. 16; thence West along the North line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection with the said Easterly line of said original right of way; thence South Westerly with said Easterly line a distance of 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said Lot No. 1'6 which lies South of the North line of the right of way of the St. Joseph, South Bend and Southern Railroad company, excepting fourth, a strip of land 70 feet wide North and South lying next north of and adjoining the right of way of the St. Joseph, South Bend and Southern Railroad Company; excepting fort. her that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right of way of the New York Central Railroad Company. All that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right of way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance of 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North of the place of beginning. A tract of land in the West Half (h) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the North and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along said north line to the West line of said Section Fifteen (15); thence North along said west line One Hundred twenty -eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from the parallel to the original centerline of the New York Central Railroad right of way; thence northeasterly parallel to and Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original Centerline of the New York Central Railroad right of way, Seven Hundred Twenty -seven and One - Hundredth (272.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty -three and Fifty -two Hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof for purposes of a public highway. A part of the southwest Quarter of the Northwest Quarter of REGULAR MEETING MAY 28, 1996 Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the right of way of the Indiana Northern Railway Company; thence East parallel with said North line of said right of way, 540 feet; thence North parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. and which has Key Number 18 8075 284406, 18 8075 28443, 18 8075 284403, 18 8075 284404, 18 8075 284502, 18- 8075- 284503, 18 8075 284501 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. 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 Indiana Code 6- 1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 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 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 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 LJ n REGULAR MEETING MAY 28, 1996 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 Indiana Code 6 -1.1- 12.1 -3. 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 purposes 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 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. from and after the Mayor. Council Member this resolutio: Council Member This Resolut its adoption Coleman made a, as well as Zakrzewski. Lon shall be in full force and effect by the Common Council and approval by /s/ Roland Kelly Member of the Common Council a motion to combine public hearing on the next resolution, seconded by The motion carried. RESOLUTION NO. 2359 -96 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 TUCKER, 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, South Bend, Indiana, and which is more particularly described as follows: A part of the South h of the North west 1/4 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, as described as follows: Beginning at a point on the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said point being 172.0 feet North of the North right of way line of Indiana Northern Railway Company; thence Westerly parallel with said North right of way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. By a deed recorded October 16, 1973 in Deed Record 777, page 226; thence North along the REGULAR MEETING MAY 28, 1996 West line of said Stanley Enterprises, Inc. 'Tract, said line being parallel with the East line of said Southwest 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the south line of Tucker Drive 215.93 feet; thence south parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 495.90 feet to the North right of way line of the Indiana Railway Company; thence Easterly along said North right of way line 860.23 feet to the West edge of Steel Warehouse Co., Inc.'s building; thence North along said west edge of building, 172.0 feet; thence Westerly parallel with the North right - of -way line of the Indiana Northern Railway Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest quarter of the Northwest Quarter; thence West 540 feet; thence south parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.5 feet to a point 172 feet North of the North line of the right of way of the Indiana Northern Railway Company; thence East parallel with said North line of said right of way, 540 feet; thence North parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. A tract of land in the West Half (h) of the Northwest Quarter (1/4) of Section fifteen (15), Township Thirty -seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, St. Joseph County, IndAna, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section (Fifteen (15); thence South along the Norther and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along said North line to the West line of said Section Fifteen (15); thence North along said West line One Hundred Twenty -eight and One tenth (128.1) feet, more or less, to a line Two Hundred fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right of way; thence Northeasterly parallel to the Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right of way Seven hundred Twenty -seven and One- Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter ()1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence southerly along said East line One Hundred Ninety -nine and Eight -six Hundredths (199.86) feet, more or less, to the South line of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty -three and Fifty -two Hundredths (66.25) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest Quarter of Section 15, Township 37'North, Range 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, to -wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15, 600 feet West of the Northeast corner of the REGULAR MEETING MAY 28, 1996 Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence south a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the north line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately South of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the southeast Quarter (1/4) of the Northwest Quarter (1/4) of section fifteen (15), township thirty -seven (37) north, range two (2) east, now within and a part of the City of South Bend, described as beginning at a point 260 feet south of the Northeast corner of the southeast Quarter (1/4) of the Northeast Quarter (1/4) of said Section Fifteen (15); thence south 492.9 feet to the North line of the right of way of the Indiana Northern Railroad, 305 feet; thence north 492.9 feet; thence west 305 feet to the place of beginning. Together with a right of way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 feet roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township 37 North, Range No. 2 East, containing 20 acres; more or less, and being Lot No. 16 in the Sub- division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: The original right of way across, the North West corner theretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894, and recorded in Deed Record 95, page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said original right of way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less to a point distance 250 feet by rectangular measurement from the original center line of said right of way; thence North Easterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right of way a distance of 733.3 feet, more or less, to a point on the East line of said Section 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the north line of said Lot No. 16, thence North on said East line, a distance of 105.5 fee, more or less, to the North East corner of said lot No. 16; thence West along the North line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection with the said Easterly line of said original right of way; thence South Westerly with said Easterly line a distance of 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said Lot No. 1'6 which lies South of the North line of the right of way of the St. Joseph, South Bend and Southern Railroad company, excepting fourth, a strip of land 70 feet wide North and South lying next north of and adjoining the right of way of the St. Joseph, South Bend and Southern Railroad Company; excepting fort. her that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend REGULAR MEETING MAY 28, 1996 to the right of way of the New York Central Railroad Company. All that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right of way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance of 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North of the place of beginning. A tract of land in the West Half (h) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the North and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along said north line to the West line of said Section Fifteen (15); thence North along said west line One Hundred twenty -eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from the parallel to the original centerline of the New York Central-Railroad right of way; thence northeasterly parallel to and Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original Centerline of the New York Central Railroad right of way, Seven Hundred Twenty -seven and One - Hundredth (272.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty -three and Fifty -two Hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof for purposes of a public highway. A part of the southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the right of way of the Indiana Northern Railway Company; thence East parallel with said North line of said right of way, 540 feet; thence North parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. All being within the City of South Bend, County of St. Joseph, State of Indiana. and this property has Key Numbers 18 8006 0288, 18 8002 0115, 18 8006 0282, 18 8006 028201, 18 8006 0285, 18 8006 028501, 18 8002 0116, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et seq.; and. WHEREAS, the Department of Economic Development has REGULAR MEETING MAY 28, 1996 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 sea., and South Bend Municipal Code Sections 2- 76 et sea. 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 employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; a 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 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 State 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 deduction for a period of five (5) years. 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 REGULAR MEETING MAY 28, 1996 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 VII. 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 Kell Member of the Common Council A public hearing was held on the resolutions at this time. Council member Coleman reported.that the Community and Economic Development Committee had met on these resolutions, and recommended them to the Council favorable. Ernest Szarwark, attorney, made the presentation for the resolutions. He indicated Steel Warehouse specialized in flat rolled steel, with several other production operations involved. He indicated the company continues to expand its facilities as well as up date its equipment in order to remain competitive. He indicated this project will be the construction of a 45,000 square foot facility in order to add manufacturing, warehousing and related space, as well as the purchase of materials handling equipment. Council Member Coleman made a motion to adopt Resolution No. 2358 -96, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to adopt Resolution No. 2359 -96, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2360 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 4102 WILLIAM RICHARDSON COURT, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR PRECISION MILLWORK & PLASTICS 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 4102 William Richardson Court, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Five (5) as plated in the plat of the Toll Road Industrial Park, Phase Two, Section One as recorded as Document No 9426579 in the Office of the Recorder, St. Joseph County, Indiana. and which has Key Number 25 1013 0216.06 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. 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 REGULAR MEETING MAY 28, 1996 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: t 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 Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 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 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 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 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 Indiana Code 6 -1.1- 12.1 -3. 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 purposes 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 six (6) 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 REGULAR MEETING MAY 28, 1996 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. Brian Montgomery, a representative of the petitioner, made the presentation. He indicated they proposed to construct a 20,000 square foot steel frame building on 3.5 acres of land in the Toll Road Industrial Park, which will be used to manufacture custom wood and plastic parts used in refrigeration and retail store fixtures. 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. 2361 -96 A RESOLUTION OF THE COMMON COUNCIL FOR THE CITY OF SOUTH BEND, INDIANA FINDING IT NECESSARY TO LEASE RENTAL PROPERTY FOR THE SOUTH BEND WATER WORKS Whereas, the City of South Bend, Indiana is the owner of certain real property and improvements located at 224 North Main Street and known as the South Bend Water Works Administration Building, which building houses the administrative offices of the South Bend Water Works; and Whereas, the Water Work:a Administration Building is used and staffed by employees of South Bend Water Works who did not relocate to the new headquarters, located at 125 West Colfax; and Whereas, said Water Works Administration Building is scheduled for demolition, and the new Water Works Building, located at 125 West Colfax, will not accommodate the employees who will be displaced by the demolition; and Whereas, the most efficient and cost effective allocation of resources warrants the relocation of the Water Works administrative, computer, and building operations from said Water Works Administration building to a leased premises, rather than constructing an addition to the new Water Works headquarters; and Whereas, the owners of the real estate and improvement at 209 North Main Street, South Bend, housing the Main Street Row, are desirous of leasing such real estate and improvements to the City for use as the City's Water Works Administrative, computer, and billing operations; and Whereas, the Director of the South Bend Water Works has inspected said Main Street Row property and has found it to be adequately sized, comprising 3,883 square feet and, with improvements, otherwise suited for use as the City's Water Works administrative, computer and billing operations; and Whereas, the Director of the South Bend Water Works has inspected other facilities for rental; and Whereas, said rental at Main Street Row is for a period of five (5) years for $213,565.00 for a term of Five (5) years, with a monthly rental of three thousand five hundred fifty -nine and 42/100 Dollars ($3,559.42) with an option to renew for two (2) additional five (5) year terms. The rental rate for the second five (5) year term shall be twelve and 50 /100 dollars ($12.50) L.1 D 1 REGULAR MEETING MAY 28, 1996 per square foot per year. The rental rate for the third five (5) year term shall be thirteen dollars and 00/100 ($13.00) per square foot per year; and Whereas, the Director of the South Bend Water Works has recommended to the Board of Water Works Commissioners of the City of South Bend that it offer to lease the Main Street Row space for $213,000.00, subject to compliance with I.C. 36- 1 -10 -1 et seq. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL FOR THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. That the Common Council for the City of South Bend, Indiana, hereby declares it necessary for the protection of the public health and welfare of the inhabitants of the South Bend Water Works district and the safeguarding of the property with in the district that the City of South Bend, Indiana, for the use and benefit of its Water Works, and acting by and through its Board of Water Works Commissioners lease the following real property, situated in St. Joseph County: 3,883 Square feet of space at 209 North Main Street, South Bend, Indiana. 2. That the Common Council for the City of South Bend, Indiana, hereby declares it to be of public utility and benefit to lease the space in Main Street Row. 3. That the Common Council for The City of South Bend, Indiana, hereby establishes the maximum proposed lease of the Main Street Row space to be $213,565.00 for a period of five years. 4. This resolution shall be in full force and effect from and after its adoption. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. John Stancati, superintendent of the Water Works, made the presentation for the resolution. He indicated it is necessary to lease additional office space, to accommodate those employees who did not move into the new building. He indicated it was more efficient and cost effective to lease.the additional space rather than construct an addition to the new building. Gene Oakley, 2614 York Road, spoke in favor of this bill. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Broden. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2362 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /RECYCLING OPERATIONS AND TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 1996. WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk /scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk /and recycling dealers within the City; and REGULAR MEETING MAY 28, 1996 WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk /and recycling dealers; WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk/ and recycling operations have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on March 25, 1996, recommended the issuance of licenses for the below listed applicants in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the license applications for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made in March, 1996, and subsequent favorable recommendation by the Board of Public Works: A -1 Auto Parts 2014 S. Lafayette Blvd. Boliden Metech, Inc. 445 N. Sheridan Hurwich Iron Company, Inc. 2016 W. Washington Hurwich Iron Company, Inc. 1610 Circle Ave. Hurwich Iron Company, Inc. 1700 S. Lafayette Blvd. Hurwich Iron Company, Inc. 1602 S. Lafayette Blvd. North Side Iron & Paper Company 3123 S. Gertrude St. South Bend Baling & Iron Company 1420 S. Walnut St. South Bend Iron & Metal Company 429 W. Indiana Ave. South Bend Scrap & Processing Division 3114 S. Gertrude St. South Bend Waste paper Company 1529 S. Franklin St. Steve & Gene's Auto Truck Salvage 3109 S. Gertrude St. Super Auto Salvage Corporation 3300 S. Main Weaver Truck & Equipment Company 3100 S. Gertrude St. Western Avenue Iron & Metal Company3123 S. Gertrude St. SECTION II. 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. Kathy Dempsey, Director of Code Enforcement, made the presentation for the resolution. She indicated she made the annual tour of scrap yards, with Council Member Zakrzewski, and they found very, very few things wrong. Council Member Zakrzewski indicated he was pleased with the condition of the scrap yards in the City. He made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. Member Zakrzewski made a motion that resolution nos. 96 -40 through 49 be withdrawn, at the request of the petitioners, seconded by Council Member Washington. The motion carried. RESOLUTION NO. 96 -40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH REGULAR MEETING RESOLUTION NO. 96 -41 RESOLUTION NO. 96 -42 RESOLUTION NO. 96 -43 RESOLUTION NO. 96 -44 RESOLUTION NO. 96 -45 RESOLUTION NO. 96 -46 MAY 28, 1996 BEND, INDIANA, COMMONLY KNOWN AS DEER RUN AT TOPSFIELD SUBDIVISION AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR TOPSFIELD ROAD DEVELOPMENT CORPORATION 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 LOTS 1- 26 LILAC TRAILS SUBDIVISION, SOUTH BEND, INDIANA, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR EDWARD L. AND LAURA L. SMITH 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 OAKWOOD VILLAS AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR BO -LAND DEVELOPMENT CORPORATION 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 SAWGRASS WAY, PELICAN WAY, BLUE HERON WAY AND GLENVIEW DRIVE A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR SANDPIPER COVE, LLC 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 204 N. SUMMIT DRIVE, SOUTH BEND, INDIANA, 210 N. SUMMIT DRIVE, SOUTH BEND, INDIANA, 5140 WINDFALL DRIVE, SOUTH BEND, INDIANA, 5141 WINDFALL DRIVE, SOUTH BEND, INDIANA, 5202 WINDFALL DRIVE, SOUTH BEND, INDIANA, 5206 WINDFALL DRIVE, SOUTH BEND, INDIANA, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR DAVID AND LOIS COKER, 3516 SORIN STREET, SOUTH BEND, INDIANA, 46615 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 4357 FOXFIRE DRIVE, 4361 FOXFIRE DRIVE, 4363 FOXFIRE DRIVE, 4369 FOXFIRE DRIVE, 4373 FOXFIRE DRIVE, 4374 FOXFIRE DRIVE, 4360 FOXFIRE DRIVE, RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR CROSS CREEK, INC. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH REGULAR MEETING MAY 28, 1996 BEND, INDIANA, COMMONLY KNOWN AS LOTS NUMBERED 7 THRU 15 CANTERBURY WOODS, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR ROJO DEVELOPMENT, INC. RESOLUTION NO. 96 -47 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 LOTS NUMBERED 113 THRU 151 HERMITAGE SOUTH ESTATES - SECTION THREE, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR ROJO DEVELOPMENT, INC. RESOLUTION NO. 96 -48 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 STAFFORDSHIRE ESTATES -PHASE 1 AS FOLLOWS: 2243, 2244 ,2259,2260,2267,2268,2309,2310, 2317,2318 CHESHIRE ST., 2250, 2251, 2258, 2259, 2266, 2267, 2308, 2309,2316, 2317, 2324, 2325 CRANSTON ST., 2251, 2252, 2259, 2260, 2267, 2268, 2309, 2310, 2317, 2318.HARWOOD ST., 5125, 5133, 5134, 5210, 5217, 5225, 5233 CANTON ST., AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR RELATIVE REAL ESTATE RESOLUTION NO. 96 -49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS FIELD POINTE SUBDIVISION RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR MEADOW WOOD II LTD. PARTNERSHIP BILLS, FIRST READING BILL NO. 38 -96 A BILL OF THE COMMON COUNCIL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 601 BLAINE AVE. IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Washington. The motion carried. BILL NO. 39 -96 A BILL OF THE COMMON COUNCIL APPROPRIATING $31,664.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR THE PURPOSE OF PERFORMING VARIOUS REPAIRS AT THE MORRIS CIVIC AUDITORIUM This bill had first Reading. Council Member Luecke made a motion to set this bill for public hearing and third reading on June 10, and refer it to Personnel and Finance Committee, seconded by Council Member Washington. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill nos. 22 and 33- REGULAR MEETING MAY 28, 1996 96 for public hearing and third reading on June 10, and refer them to the Zoning and Annexation Committee, seconded by Council Member Washington. The motion carried. PRIVILEGE OF THE FLOOR Mike Urbanski, 14299 Day Road, indicated that whatever happens regarding the residential tax abatements, we need the incentive for building within the inner -city. He indicated he hoped the Council would continue with the type of residential abatement. There being no further business to come before the Council unfinished or new, Council President Kelly adjourned the meeting at 11:00 p.m. ATTEST: a City 1 ATTEST: i ti President