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HomeMy WebLinkAbout08-14-95 Council Meeting MinutesREGULAR MEETING AUGUST 14, 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, August 14, 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, Zakrzewski, Coleman, Duda, and Ladewski Absent: Council Member Puzzello REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the July 24, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Eugene Ladewski /s/ Lee Slavinskas Council Member Coleman made a motion that the minutes of the July 24, meeting be accepted and placed on file, seconded by Council Member Duda. The motion carried. RESOLUTION NO. 2273 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP (LILAC TRAILS.) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 9.93 acres of vacant land located in German Township, St. Joseph County, contiguous therewith and generally located on west side of Lilac Road, approximately 700 feet north of Darden Road. The development of the territory proposed to be annexed will require a basic level of municipal public services, which services shall include services of a non - capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of Public Safety of the City of South Bend, and of the City of South Bend have approved a policy for the provision of services to the policy, as it relates to the territory to be in the best interests of the City. the City of South Bend, the Board of the Board of Water Works Commissioners written fiscal plan and established a territory to be annexed which plan and annexed, the Common Council finds to be NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with Federal, State and local laws, procedures, and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This resolution shall be in full force and effect upon its adoption by the Common Council and approval by the Mayor. /s/ Eugene Ladewski Member, Common Council EXHIBIT A A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 89 59' 03" WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 345.00 FEET TO THE CENTERLINE OF LILAC ROAD, THENCE NORTH 0 47' 03" WEST ALONG SAID CENTERLILNE, A DISTANCE OF 699.97 FEET TO THE PLACE OF BEGINNING; THENCE NORTH 89 43 54" WEST, A DISTANCE OF 272.48 FEET; THENCE SOUTH O1 06' 53" EAST, A DISTANCE OF 160.00 FEET TO THE NORTH LINE OF CROSS CREEK, SECTION ONE AS SHOWN IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 44'30" WEST ALONG SAID NORTH LINE, A DISTANCE OF 686.71 FEET; THENCE NORTH 0 08' 04" WEST, A DISTANCE OF 560.46 FEET; THENCE SOUTH 89 57' 36" EAST A DISTANCE OF 691.82 FEET; THENCE SOUTH 01 -25' 29 EAST, A DISTANCE OF 233.74 FEET; THENCE SOUTH 89- 20'25" EAST, A DISTANCE OF 254.08 FEET; THENCE SOUTH 89- 29'25" EAST, A DISTANCE OF 254.08 FEET TO THE CENTERLINE OF SAID LILAC ROAD; THENCE SOUTH 01- 41'54" EAST ALONG SAID CENTERLINE, A DISTANCE OF 168.54 FEET TO THE PLACE OF BEGINNING. A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Marco Mariana, Economic Development, made the presentation for the bill. He indicated this was a voluntary annexation of 9.93 acres. He said that sewer and water are presently available to the area; the Department of Public Works. police and fire departments do not anticipate any problems servicing the area. He said they were planning to construct 26 new homes. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. REPORT OF CITY OFFICES Richard Nussbaum, City Attorney, reported on the porno operations in the City. He indicated they would classify some legal issues related to pornography, and discuss some of the steps the prosecutor's office has taken on this matter. He indicated there were rules prohibiting the City from banning this type of operation. He said Kokomo and Fort Wayne do not have ordinances to regulate adult uses, however, they have taken steps to attack adult uses. He indicated increased enforcement of the ordinances on curfews, drug houses, disorderly houses and prostitution will help. Michael Barnes, County Prosecutor, gave a summation on his office's attempt to curb pornography in the City. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Duda. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:58 p.m. with eight members present. Chairman Washington presiding. BILL NO. 38 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH: TOM THOMPSON AND ED SMITH This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Terry Lang, from Lang Feeney Associates, made the presentation for the bill. He indicated this property would be used to build twenty - six single family homes adjacent to Cross Creek. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 39 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST -WEST ALLEY NORTH OF W. OAK STREET FROM THE EAST RIGHT -OF -WAY LINE OF N. COTTAGE GROVE ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH - SOUTH ALLEY EAST OF N. COTTAGE GROVE ST. FOR A DISTANCE OF APPROXIMATELY 111.5 FEET AND A WIDTH OF APPROXIMATELY 13.86 FEET 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 Duda reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Andrew Medich, 420 Cottage Grove, made the presentation for the bill. He indicated he represented all of the occupants in the triplex at 420 Cottage Groove, in this vacation request. He indicated they wanted this alley vacated for safety reasons, and to legalize parking for the apartment building. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 40 -95 A BILL FIXING THE MAXIMUM SALARIES AND WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR CALENDAR YEARS 1996, 1997, AND 1998 Council Member Luecke made a motion to continue public hearing on this bill to August 28, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 41 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF W. DELAWARE ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. CARLISLE ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF S. CARLISLE ST. FOR A WIDTH OF 12 FEET AND A LENGTH OF APPROXIMATELY 120 FEET. PART SITUATED IN HIGHLAND PARK FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Council Member Duda made a motion to continue public hearing on this bill to August 28, at the request of the petitioner, seconded by Council Member Zakrzewski. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Kelly. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:05 p.m. Council President Ladewski presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8610 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH: TOM THOMPSON AND ED SMITH This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8611 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST -WEST ALLEY NORTH OF W. OAK STREET FROM THE EAST RIGHT - OF -WAY LINE OF N. COTTAGE GROVE ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. COTTAGE GROVE ST. FOR A DISTANCE OF APPROXIMATELY 111.5 FEET AND A WIDTH OF APPROXIMATELY 13.86 FEET This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2274 -95 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 2009 AND 2015 N. OLIVE STREET A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR VALUE PLUS CONSTRUCTION COMPANY. WHEREAS, a petition for real property tax abatement has been file with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 2009 and 12015 N. olive Street, South Bend, Indiana, and which is more particularly described as follows: Lot 593 Vernon Heights Addition Lot 594 Vernon Heights Addition and which has Key Numbers 18- 2096 -3644, 18- 2096 -3648, respectively, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6- 1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indian a Code 6 -1.1- 12.1 -1, et seq., for tax abatement. SECTION A. That the description of the proposed redevelopment meets the applicable standards for such development; B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3 SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Section I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION V. The designation as a Residentially Distressed Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. Pursuant to Indiana Code §6 -1.1- 12.1 -3, the Petitioner must meet all local code standards for habitability as specific conditions of having such properties being designated residentially distressed areas. SECTION IX. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported there was no committee report, since the petitioner did not attend the committee meeting. Council Member Luecke made a motion to hear this resolution without a report, seconded by Council Member Slavinskas. The motion carried. Council Member Slavinskas made a motion to amend this bill on page 2, section 4, second line, instead of the word Committee, it should read "Department ", Section 8 should become Section 9, and add a new Section 8 to read "Pursuant to Indiana Code §6 -1.1- 12.1 -3, the Petitioner must meet all local code standards for habitability as specific conditions of having such properties being designated residentially distressed areas. ", seconded by Council Member Coleman. The motion carried. Tom Ford, president of Value Plus, made the presentation for the resolution. He indicated type of abatement was a wonderful asset to low- income families. Council Member Luecke made a motion that in accordance with the August 9, Commnunity and Economic Development Department's report, on file with the City Clerk, this abatement meets all criteria and should be adopted by the Council, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2275 -95 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 1702 & 1706 NORTH KALEY STREET, 1902 & 1933 NORTH MEADE STREET, 1934, 1940 & 2004 NORTH FREMONT STREET, 2021 NORTH OLIVE STREET A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR G & PROPERTIES. WHEREAS, a petition for real property tax abatement has been file with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 1702 AND 1706 N. Kaley Street; 1902 and 1933 N. Meade Street; 1934, 1940, and 2004 N. Fremont Street; and 2021 N. Olive, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description 1702 N. Kaley St. Lot 420 Vernon Heights Add. 1706 N. Kaley St. Lot 419 Vernon Heights Add. 1902 N. Meade St. Lot 538 Vernon Heights Add. 1933 N. Meade St. Lot 527 Vernon Heights Add. 1924 N. Fremont St. Lot 574 Vernon Heights Add. 1940 N. Fremont St. lot 575 Vernon Heights Add. 2004 N. Fremont St. Lot 576 Vernon Heights Add. 2021 N. Olive St. Lot 585 Vernon Heights Add. Key Number 18- 2102 -3856 18- 2102 -3856 18- 2096 -3650 18- 3095 -3587 18- 2096 -3832 18- 2096 -3628 18- 2096 -3623 18- 2096 -3616 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indian a Code 6 -1.1- 12.1 -1, et seq., for tax abatement. SECTION II. A. That the description of the proposed redevelopment meets the applicable standards for such development; B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3 SECTION III. described re the Statement Property Tax prescribed by granted under The Common Council hereby 3evelopment can be reasonably of Benefits set forth as Sec Abatement Consideration and the State Board of Accounts Indiana Code 6 -1.1- 12.1 -3. determines and finds that the proposed expected to yield benefits identified in Lion I through II of the Petition for Real that the Statement of Benefits form are sufficient to justify the deduction SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION V. The designation as a Residentially Distressed Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. Pursuant to Indiana Code §6 -1.1- 12.1 -3, the Petitioner must meet all local code standards for habitability as specific conditions of having such properties being designated residentially distressed areas. SECTION IX. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Eugene Ladewski Member of the Common Council public hearing was held on the resolution at this time. Council Member Kelly eported that the Community and Economic Development Committee had met on this and ecommended it to the Council favorable. Council Member Coleman made a motion to amend this bill by changing Section 8 to Section 9, and add a new Section 8 to read "Pursuant to Indiana Code §6 -1.1- 12.1 -3, the Petitioner must meet all local code standards for habitability as specific conditions of having such properties being designated residentially distressed areas." Michael Urbanski, 12499 Day Road, made the presentation for the resolution. He indicated this would make these homes more affordable for the first five years. Council Member Coleman made a motion to adopt this resolution, seconded by Council member Kelly. The resolution was adopted by a roll call vote of eight ayes. ESOLUTION NO. 2276 -95 A RESOLUTION CORRECTING CERTAIN PROCEDURAL DEFICIENCIES AND RECONFIRMING THE ADOPTION OF THE DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2956 WEST LATHROP DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CONCRETE & ASPHALT RECYCLING, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, adopted a Declaratory Resolution, being Resolution Number 1928 -92, designating the area commonly known as 2950 West Lathrop Street and which is more particularly described as follows: Five (5) acres more or less, located in the northwest quarter of the northwest quarter of Section 34, Township 38 North, Range 2 East, which is approximately 100 acres, in St. Joseph County, State of Indiana, commonly known as 2950 Lathrop, South Bend, Indiana. th said real estate having the following Key Number: 19- 2109 -4960, as an Economic vitalization Area for the purpose of tax abatement consideration; and WHEREAS, after due publication of notice thereof, the Council held a public ring for the purposes of hearing all remonstrances and objections from interested sons; and WHEREAS, the Council determined that the qualifications for an economic revitalization area were met; and WHEREAS, the Council adopted a resolution confirming the adoption of a Declaratory Resolution, being Resolution Number 1932 -92; and WHEREAS, the taxpayer, Concrete & Asphalt Recycling, Inc., did install new manufacturing equipment known as an Eagle Jumbo 1400 Close Circuit Portable Crushing Machine on March 6, 1992, and due to certain procedure irregularities, tax abatement with respect to such manufacturing equipment was subsequently denied by the Indiana State Board of Tax commissioners; and WHEREAS, Senate Enrolled Act Number 313, which became effective July 1, 1995, horizes the Council to correct various procedural deficiencies and to provide the payer with the intended tax abatement as contemplated by the aforementioned lier resolutions of this Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby reconfirms 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 March 1, 1992. Specifically, such designation is intended to apply to the Eagle Jumbo 1400 Close Circuit Portable Crushing Machine installed by Concrete & Asphalt Recycling, Inc. on or about March 6, 1992. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deductions for a period of five (5) years, and father 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, and is intended by benefit the taxpayer, Concrete & Asphalt Recycling, Inc, retroactively. /s/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Edward Benchik, attorney, made the presentation for the resolution. He indicated Council had granted abatement on this crusher machine in 1992, however, the tax abatement was denied at the State level. He indicated this resolution allows the Council reapprove this abatement. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The motion resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 42 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT -OF -WAY TO BE VACATED IS DESCRIBED AS A PUBLIC WAY LOCATED ON THE CENTERLINE OF THE FIRST VACATED ALLEY WEST OF SOUTH TWYCKENHAM DRIVE FROM THE a SOUTH RIGHT -OF -WAY LINE OF EAST CHESTER STREET TO THE NORTH RIGHT -OF- WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF EAST CHESTER ST. FOR A WIDTH OF FIVE (5) FEET AND A LENGTH OF APPROXIMATELY 121.2 FEET. PART IS SITUATED 2.5 FEET EACH WAY OF THE CENTERLINE OF THE VACATED ALLEY AND IS IN SUNNYMEDE'S THIRD ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. PART WAS RETAINED AS A PUBLIC WAY AS DESCRIBED IN ALLEY VACATION RESOLUTION NUMBER 2515 This bill had first reading. Council Member Luecke 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 August 28, seconded by Council Member Duda. The motion carried. BILL NO. 43 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1613 WEST DUNHAM, 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 Coleman. The motion carried. BILL NO. 44 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2401, 2405, 2409 -2411, 2413 -2415, 2419 AND 2421 LINCOLNWAY WEST; 1054 FREMONT STREET; AND 1047 -1049 AND 1053 NORTH OLIVE STREET, 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 Coleman. The motion carried. PRIVILEGE OF THE FLOOR Bob Hartford, 316 S. St. Joseph, discussed an air show at the Bendix Airport, and said that new signage should be installed calling attention to our downtown attractions. Dennis Staffelbach, 1512 Hass Dr., indicated he and attorney specializing in constitutional litigation, was a member of South Bend Citizens Against Pornography. He commended the Council and the City for what has been done on this issue. He indicated the ordinance could be improved by tightening it up, however, he wanted to make two suggestions - prohibiting the sexually oriented businesses from locating 1,000 feet of one another, as well as any residential use, church, school, day care center, etc. He said this would wipe out any chance of having a "red light" district in South Bend; secondly any nonconforming use would be required to come into conformity within two years. He indicated those types of laws have been found constitutional. Mike Edwards, 822 Irvington, a member of South Bend Citizens Against Pornography, encouraged the Council to do all they are able to do to stop sexually oriented businesses from opening in the City. There being no further business to come before the Council unfinished or new, Council Member Luecke made a motion to adjourn, a seconded by Council Member Zakrzewski. The motion carried. The meeting was adjourned at 8:50 p.m. ATTEST: .�c¢.wE � fl�vwvt.c -r-J City Clerk ATTEST: res' ent