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HomeMy WebLinkAbout03-27-95 Council Meeting MinutesREGULAR MEETING MARCH 27, 1995 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, March 27, 1995, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Washington, Kelly, Slavinskas, Puzzello, Zakrzewski, Coleman, Duda, and Ladewski Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the February 27, 1995 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Lee Slavinskas /s/ Eugene Ladewski SPECIAL BUSINESS RESOLUTION NO. 2219 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE CITY'S THREE ROMANIAN INTERNS - MARIUS BOASCA, DANIEL SERBAN AND MARIANA CIOBANU Whereas, the Common Council of the City of South Bend, Indiana, notes that beginning the first week of March, and for approximately six (6) weeks, the City will have the services of three (3) interns from Romania, namely Marius Boasca, Daniel Serban and Mariana Ciobanu; and Whereas, Marius Boasca has an Engineering Degree and is the Director of Public Relations in Piatra Nearnt, Romania, under Maryor Gheorghi Ocneanu and is in the United States Via IUSB and the SOROS Foundation; and Whereas, Daniel Serban is currently interning at Project Future and Mariana Ciobanu is currently doing her internship at the YMCA; and Whereas, one of the many goals of the internship programs is to provide Marius, Daniel and Mariana with experiences from which they can gain new insights and develop approaches and programs which may benefit the citizens of the City of Piatra Nearnt, Romania; and Whereas, the Common Council and the City Administration encourage all members of our community who have the opportunity to meeting Marius, Daniel and Mariana to assist the City, Project Future and YMCA officials in exposing them to ideas and concepts addressing planning, capital improvement programs, economic development programs, communications with business, citizens and the governmental units which serve the community. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, hereby publicly thanks and commends MARIUS BOASCA, DANIEL SERBAN AND MARIANA CIOBANU, interns from Piatra Nearnt, Romania, for their opportunity and challenge of exchanging ideas for the betterment of our city and their community. Section II. The Common Council notes that such international internship programs are an example of positive interaction between countries which enhance both the practical and educational opportunities from which we can all benefit. 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. Stephen Luecke, 1st District Cleo Washington, 2nd District Roland Kelly, 3rd District Ann Puzzello, 4th District Attest: Linas Slavinskas, 5th District Thomas Zakrzewski, 6th District Sean Coleman, At Large Loretta Duda, At Large Eugene Ladewski, At Large REGULAR MEETING MARCH 27, 1995 Approved by me, Joseph E. Kernan, the Mayor of the City of South Bend, Indiana, United States of America, this 29 day of March 1995. Irene Gammon, City Clerk Joseph E. Kernan, Mayor A public hearing was heard on the resolution at this time. Council President Ladewski made the presentation. He read the resolution, and presented a copy to Marius Boasca, Daniel Serban and Mariana Ciobanu. Marius Boasca, read the following: It's an honour as well as a great pleasure for me to address you. We are here, 3 Romanian officials, the winners of a grant offered to Romanian local government officers -both appointed and elected -by the United States Information Agency, Council of International Programs- Indiana University and Soros Foundation for an Open Society- Romanian and American branches. We are the representatives of a country with an old and great history but with an very young democracy. In fact, with a President nationally four years -term elected, with a Parliament formed by the Senat and the Chamber of Deputies -both nationally elected, -with Mayors and City and County Councils elected at local and county level, the Romanian system is very close to the American system. After the Revolution from December 1989 -when the Romanian People shut -off the Communist dictature -in Romania are building now the real democracy. The most clear expression of the democratic process from our country is even our presence here -being offered for us the possibility to stay two months in the United States and to learn alive about the democracy, about a people who were always free. In this way, I want to present our thanks to Honorable Joseph Kernan, the Mayor of the City of South Bend, to all officials from the City Hall, to Chamber of Commerce of South Bend, to YMCA who offered us, with friendship and competence, the best opportunities to acquire new knowledge and skills, and to improve our vision about work and democracy. Last, but no least, a sincerely thank you for our host families, for their hospitality and comprehension, for the warm atmosphere who they created for us. In the start of our term in the United States, the Mayor of Indianapolis awarded us as Honorary Citizenship of the City of Indianapolis, but our award, today, by the City Council of the City of South Bend, represent a greater honour, because here we are spending six weeks, because here we made new real friends. We think this recognition is not only for us, but as well as for our cities, for all Romanian democratic system. The contacts between the people we have to be an instrument who conducts to increase the truthless and understanding, for a better world for all. Thank you! Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. REPORT OF CITY OFFICES Matthew Chlebowski, Director of Equipment Services, gave a fuel purchasing summary. Council Member Kelly made a motion to resolve into the Committee of the Whole, seconded by Council Member Duda. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on at 7:30 p.m., with nine members present. Chairman Washington presiding. BILL NO. 106 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1722 E. EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA Council Member Zakrzewski made a motion to strike this bill, at the request of the petitioner, seconded by Council Member Duda. The motion carried. BILL NO. 1 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 195' NORTHEASTERLY OF THE INTERSECTION OF PRAIRIE AVENUE AND LOCUST ROADS ON THE SOUTHERLY SIDE OF 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 Puzzello made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on the bill and recommended it to the Council favorable. John Byorni, reported that the property had been rezoned twice before, however, the zoning had reverted due to lack of construction. He indicated the Area Plan Commission had recommended this to the Council favorable. Bernard Feeney, surveyor, made the presentation for the bill. He indicated B &L Builders were requesting this zoning in order to construct a two story office facility, which will include storage for their equipment. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 13 -95 A BILL APPROPRIATING ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($1,350,000) FROM THE CASH RESERVES OF THE GENERAL FUND OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE PURPOSE OF FUNDING A PROGRAM OF PUBLIC IMPROVEMENTS WITHIN THE CITY OF SOUTH BEND 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. Jon Hunt, Director of Community and Economic Development, REGULAR MEETING MARCH 27, 1995 made the presentation for the bill. He indicated this appropriation would be used for the Neighborhood Public Works Program; Neighborhood Parks Program; Police /Youth Summer Recreation and Education Program; and Neighborhood Summer Program. He indicated that with this appropriation a number of projects with be continued, such as, police walking beats and residential security programs. He indicated they were also proposing several new programs and projects. Gary Stephenson, Near Northwest Neighborhood, spoke in favor of this bill. He indicated these funds go along way in helping neighborhoods accomplish their 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. 14 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,365.58 FROM THE GENERAL FUND (FUND NO. 101) TO THE PARK GENERAL FUND (FUND NO. 201) 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 Coleman reported that the Parks Committee had met on this bill and recommended it to the Council favorable. Betsy Harriman, administrative director of the Park Department, made the presentation for the bill. She indicated they were requesting this appropriation for seeds, trees and flowers for planting around the Navarre Cabin. She indicated this will create a more authentic atmosphere and enhance the experience of thousands of school children who visit the cabin for "Cabin Days" every May. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 15 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY 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 Coleman reported that the Parks Committee had met on this bill and recommended it to the Council favorable. Ann Kolata, Redevelopment Director, made the presentation for the bill. She indicated this sale of park property, Dean Johnson Park, to the South Bend Redevelopment Commission, would allow for further redevelopment activities in the Sample -Ewing Development Area, including the Juvenile detention center. Joyce Boaler, 1606 Hillsdale, asked for maps for property owned by the Redevelopment Department and the City of South Bend. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. Council Member Kelly made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: ATTEST: City Clerk hairm�an REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:03 p.m. Council President Ladewski presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8585 -95 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 195' NORTHEASTERLY OF THE INTERSECTION OF PRAIRIE AVENUE AND LOCUST ROADS ON THE SOUTHERLY SIDE OF PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8586 -95 AN ORDINANCE APPROPRIATING ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($1,350,000) FROM THE CASH RESERVES OF THE GENERAL FUND OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE PURPOSE OF FUNDING A PROGRAM OF PUBLIC IMPROVEMENTS WITHIN THE CITY OF SOUTH BEND 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. 8587 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,365.58 FROM THE GENERAL FUND (FUND NO. 101) TO THE PARK GENERAL FUND (FUND NO. 201) This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. REGULAR MEETING MARCH 27, 1995 ORDINANCE NO. 8588 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2220 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3636 GAGNON TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EXACTO, INC. OF SOUTH BEND. 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 3636 Gagnon, South Bend IN, and which is particularly described as follows: A part of the northeast quarter of Section 28, Township 38 north, Range 2 East, City of South Bend, Indiana and described as follows: Commencing at the southeast corner of the northeast quarter of said Section 28 said point being at the intersection of the west (bearing assumed) along the south line of the northeast quarter of said Section 28 (being along the centerline of Boland Drive) 1150.09 feet to a point at the intersection of Boland Drive with centerline of Kenmore Street; thence north 00 00' 23" east along the said centerline of Kenmore Street, 579.86 feet; thence north 89 59'37" west, 640.00 feet to the point of the beginning; thence south 89 59' 56" west, 424.01 feet; thence north 00 02' 45" east, 784.81 feet; thence south 89 59' 37" east, 423.47 feet; thence south 00 00' 23" west, 784.63 feet to the point of the beginning and containing 17.634 acres more or less and is subject to easements, restrictions and or covenants of record. A part of the northeast quarter of Section 28, Township 38 north, range 2 east, City of South Bend, Indiana and described as follows: Commencing at the southeast corner of the northeast quarter of said Section 28 said point being at the intersection of the centerline of Boland and Bendix Drives, thence south 89 58' 56" west (bearing assumed) along the south line of the northeast quarter of said section 28 (being along the centerline of Boland Drive) 1150.09 feet to a point at the intersection of Boland Drive with Centerline of Kenmore Street; thence north 00 00' 23" east along the said centerline of Kenmore Street, 579.86 feet; thence north 89 59' 37" west 640 feet; thence south 89 58' 56" west 424.01 feet to the point of beginning; thence continuing south 89 58' 56" west, 100.00 feet; thence north 00 02' 45" east, 784.85 feet; thence south 89 59' 37" east, 100.00 thence north 00 02' 45" east, 784.25 feet thence south 89 59 37 east, 100.00 thence south 00 02' 45" west, 784.81 feet to the point of beginning and containing 1.802 acres more or less and it subject to restrictions and or covenants of record. and this property has Key Numbers 25 1010 - 038507, be designated as with said real estate having the following Key No. 25 1010 - 038507, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Eugene Ladewski Member of the Common Council REGULAR MEETING MARCH 27, 1995 A public hearing was held on the resolution at this time. Matt Murphy, a representative of General Machine, made the presentation for the resolution. He indicated they were in the business of producing cut to order steel bars used in the manufacturing process of heavy duty equipment, and they intended to purchase new equipment in the amount of $350,000 in order to open this facility. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 2221 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION THAT THE LEASE OF PROPERTY AT 2202 WEST HURON, SOUTH BEND, INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER IS NECESSARY. WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on February 27, 1995, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 2202 West Huron, South Bend, Indiana, as space for a Neighborhood Partnership Center, by entering into a lease agreement with REBS, Inc. for a term of one year with a one year option to renew upon agreement of the parties, with an annual rental of Seven Thousand Two Hundred Dollars ($7,200.00) in the first year and if the option year is exercised by the City, the annual rental shall not exceed Seven Thousand Two Hundred Dollars ($7,200.00); and WHEREAS, this annual rental amount may be reduced contingent upon the annual property tax bill being reduced pursuant to I.C. 36- 7 -9 -18; and WHEREAS, the Board received, on February 27, 1995, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1- 10 -7(2) requires, prior to the Board of Public Works entering into a lease agreement for said premises, that the Common Council, determine that the premises are needed and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. That the Common Council is desirous of establishing a neighborhood center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3. That this property at 2202 W. Huron, South Bend, Indiana, contains approximately 2,000 square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4. That on the 27th day of February, 1995, a Petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 2202 Huron, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with REBS, Inc. for a term of one (1) year with a one (1) year option to renew upon agreement by the City, with for said premises of Seven Thousand Two Hundred ($7,200.00) in the first year and an annual rental not to exceed Seven Thousand Two Hundred Dollars ($7,200.00) if the option is exercised by the City. 5. That on the 27th day of February, 1995, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend. 6. That on the 27th day of February 1995, a proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein. 7. That having heard all speakers at the presentation and hearing on this Resolution on the 27th day of March, 1995, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigation, discussions, and consideration by individual Council members, the Common Council of the City of South Bend hereby finds, pursuant to I.C. 36- 1- 10 -7(2) that the lease of property at 2202 West Huron as a Neighborhood Partnership Center, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor is needed. 8. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the mayor. /S/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Karla Stragland, Neighborhood Centers' division of planning, made the presentation for the resolution. She indicated this facility was 2,000 square feet and had a one year lease with renewal options at a cost of $7,200 per year. Ted Zakowski, 2516 Grace, spoke in REGULAR MEETING MARCH 27, 1995 favor of this lease. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Duda. Council Member Slavinskas questioned the fact that they did not have a copy of the lease, and he wanted to see a copy. Council Member Zakrzewski withdrew his motion for adoption until later in the Agenda. RESOLUTION NO. 2222 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 301 EAST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR MOSSBERG & COMPANY 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 301 E. Sample, South Bend, Indiana, and which is more particularly described as follows: Lots Numbered eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20) as shown on the recorded plat of John C. Knoblock's Subdivision of Out Lot Thirty -nine (39) in Denniston & Fellows Addition to the Town now City of South Bend, recorded March 28, 1902, in Plat Book 8, Page 69, together with the vacated East -West alley lying between Lots Numbered Fifteen (15) and Sixteen (16); excepting the South Forty (40) feet of lots Numbered Nineteen (19) and Twenty (20) heretofore conveyed to the Civil City of South Bend, Indiana for street and roadway purposes. Also Lots Numbered Three (3), Four (4) Five (5), Six (6), Seven (7), Eight (8), Nine (9) Ten (10) Eleven (11) and Twelve (12) as shown on the recorded plat of William S. Anderson's Subdivision of Lot Numbered Forty (40) in Denniston and Fellows' Addition to the City of South Bend, in St. Joseph County, Indiana, together with the vacated East -West alley between Lots Numbered Nine (9), Ten (10), Eleven (11) and Twelve (12) on the North side and Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7) and Eight (8) on the South side together with the vacated North -South alley lying between Lots Numbered Six (6) and Seven (7) and together with the vacated North -South alley lying between Lots Numbered Five (5) and Six (60); excepting the South Forty (40) feet of Lots Numbered Seven (7) and Eight (8). BUT EXCLUDING A parcel of land being part of lot 30 as shown on the recorded plat of Denniston and Fellows Addition and part of the East Half of the southwest Quarter of Section 12, Township 37 North, Range 2 East, all in Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the North line of Tutt Street, 22.23 feet South 89 41155" East (bearing assumed) from the Southwest corner of said Lot 30; thence South 89 41'55" East along the North line of Tutt Street, 155.62 feet to a point 294.61 feet (295.09 feet, record) North 89 41'55" West of the Southeast corner of said Lot 30, and being on the East line of the East side of an existing concrete block building; thence North 00 33135" East along said East line of said block building, 184.30 feet to the Southerly line of the Consolidated Railroad Corporation right -of -way; thence South 89 58'00" West along said railroad southerly right -of -way line, 6.79 feet to an angle in said railroad right -of -way; thence North 75 16115" West along said railroad southerly right -of -way line, 128.09 feet; thence South 32 43'45" West, 75.89 feet; thence South 00 33'35" West, 188.90 feet to the point of beginning. and this property has Key Numbers 18 3024 0869, 18 3022 0827, 18 0322 082701, 18 3224 0897, 18 3224 0898 and 18 3204 0900, 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 Section 2 -76 et seq.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1-1, et seq., and South Bend Municipal Code Sections 2 -76 et seq. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12,1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be REGULAR MEETING MARCH 27, 1995 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 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/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Ernie Szarwark, attorney, made the presentation for the bill. He indicated Mossberg was engaged in the lithography and printing business. He indicated this project would be for the purchase and installation of digital press equipment, which will allow them to print four color digitally printed items for short run orders; which is necessary in order for them to remain competitive in the industry. Council Member Kelly made a motion to adopt this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. RESOLUTION NO. 2223 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3820 WILLIAM RICHARDSON DR., AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR FDC GRAPHIC FILMS, 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 3820 William Richardson Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the Northeast quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and described as being Lot 6 of the Toll Road Industrial Park - Section Four, as recorded under instrument number 8822752, dated August 18, 1988, at the office of the recorder, St. Joseph County, Indiana, and containing 9.1421 acres, more or less, and is subject to all easements, restrictions and or covenants of record. and this property has Key Number 25 1013 - 0211.19, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et seg., and South Bend Municipal Code Section 2 -76 et seg.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1-1, et seg.,. and South Bend Municipal Code Sections 2 -76 et seg. 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: REGULAR MEETING MARCH 27, 1995 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; (c) 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 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/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Richard Rupsis, co -owner of FDC Graphic, made the presentation for the bill. He indicated FDC is a manufacturer of pressure sensitive film for the graphics /sign industry. He indicated they plan to construct a new facility on the Toll Road Industrial Park, as well as purchase machinery and equipment. He indicated they were moving their facility from Illinois. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2224 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3820 WILLIAM RICHARDSON DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX YEAR REAL PROPERTY TAX ABATEMENT FOR RJR PROPERTIES CORP. 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 3820 William Richardson Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the Northeast quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and described as being Lot 6 of the Toll Road Industrial Park - Section Four, as recorded under instrument number 8822752, dated August 18, 1988, at the office of the recorder, St. Joseph County, Indiana, and containing 9.1421 acres, more or less, and is subject to all easements, restrictions and or covenants of record. and which has Key Number 25 1013 0211.19 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- REGULAR MEETING MARCH 27, 1995 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 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 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/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Judy Eck, co -owner of FDC Graphic and RJR Properties, made the presentation for the bill. She indicated that RJR Properties will own the building that FD Graphics will occupy. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2221 -95 This resolution was continued earlier in the meeting. Council Member Slavinskas made a motion to go back to the public hearing for the resolution. The motion carried. Council Member Luecke made a motion to amend paragraph 7, to the date of March 27, seconded by Council Member Slavinskas. The motion carried. Council Member Zakrzewski made a motion to adopt the resolution, as amended, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes.. RESOLUTION 95 -15 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 2740 VIRIDIAN DRIVE, SOUTH BEND INDIANA AN IREGULAR MEETING MARCH 27, 1995 ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR COMMUNICATIONS TEST DESIGN, INC.'S EXPANSION Council Member Slavinskas made a motion to continue this bill until April 10, at the request of the petitioner. The motion carried. RESOLUTION NO. 2225 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNE DEALERS /TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 1995 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 /jun /and recycling dealers within the City; and 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 is fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on March 20, 1995, recommended the issuance of a license 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, 1995, and subsequent favorable recommendation by the Board of Public Works: South Bend Scrap & Processing 3113 S. Gertrude South Bend, Indiana South Bend Waste Paper 1519 S. Franklin South Bend, Indiana Northside Iron & Paper Corp. 3123 S. Gertrude South Bend, Indiana Weaver Truck & Equipment 3700 S. Gertrude South Bend, Indiana Hurwich Iron Co., Inc. 1700 S. Lafayette South Bend, Indiana South Bend Baling Iron Co.,Inc. 1420 S. Walnut South Bend, Indiana Hurwich Iron Co., Inc. 2016 W. Washington South Bend, Indiana Steve & Gene's Auto Truck Salvage 3109 Gertrude South Bend Indiana South Bend Iron & Metal 429 W. Indiana South Bend, Indiana A -1 Auto Parts 2014 S. Lafayette South Bend, Indiana Western Avenue Iron & Metal 3123 S. Gertrude South Bend, Indiana Boliden Metech, Inc. 445 N. Sheridan South Bend, Indiana Hurwich Iron Co., Inc. 1602 S. Lafayette South Bend, Indiana Hurwich Iron Co., Inc. 1610 Circle Avenue South Bend, Indiana Super Auto parts 3300 S. Main South Bend, Indiana 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/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Zakrzewski made the presentation for the resolution. He indicated these scrap yards have all been examined by Code Enforcement, and the Fire Department. He indicated they were all in compliance and 1995 licenses should be issued. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 16 -95 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3822 322 REGULAR MEETING MARCH 27, 1995 LINCOLN WAY WEST IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 17 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEARS 1997, 1998 AND 1999 This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing and third reading on May 8, and refer it to the Personnel and Finance Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 18 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY - THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST /WEST ALLEY NORTH OF E. JEFFERSON BLVD. FROM THE EAST RIGHT -OF -WAY LINE OF S. ST. PETER TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH /SOUTH ALLEY E. OF S. ST. PETER AND THE FIRST EAST /WEST ALLEY SOUTH OF E. WASHINGTON AVE. FROM THE WEST RIGHT -OF -WAY LINE OF S. NOTRE DAME AVE. TO THE EAST RIGHT -OF- WAY LINE OF THE FIRST NORTH /SOUTH ALLEY WEST OF S. NOTRE DAME AVENUE. ALSO, A RIGHT -OF -WAY DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF LOT 315 IN PART OF COTTRELL'S 1ST ADDITION TO LOWELL IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on April 10, seconded by Council Member Coleman. The motion carried. BILL NO. 19 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 21 "ZONING" OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND PROHIBITING THE SALE OF FIREARMS AND AMMUNITION UNDER THE CITY'S PLANNING AND ZONING POWERS This bill had first reading. Council Member Kelly made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 20 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH - SOUTH ALLEY WEST OF SOUTH FRANKLIN STREET ON WEST INDIANA, AND A PORTION OF THE EAST -WEST ALLEY PARALLEL TO WEST INDIANA AVENUE CONTINUING WEST THEREFROM This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on April 10, seconded by Council Member Slavinskas. The motion carried. PRIVILEGE OF THE FLOOR Joyce Boaler, 1606 Hillsdale, spoke regarding the option tax. Jim Cierzniak, 1156 E. Victoria, spoke regarding the option tax. Gene Oakley, 2614 York Road, commended the Park Department for their accomplishments. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Duda. The motion carried and the meeting was adjourned at 9:20 p.m. ATTEST: � _-" 4 � City Clerk ATTEST: