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HomeMy WebLinkAbout09-25-95 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, September 25, 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, Puzzello, Kelly, Zakrzewski, Duda, and Ladewski Absent: Council Members Slavinskas and Coleman 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 the Council and found them correct. Therefore, we recommend the same be approved. /s/ Eugene Ladewski /s/ Lee Slavinskas September 11 & 18th, meetings of Council Member Puzzello made a motion that the minutes of the September 11 & 18th, meetings be accepted and placed on file, seconded by Council Member Duda. The motion carried. Council Member Luecke made a motion to resolve into the Committee of the Whole, seconded by Council Member Kelly. 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 7:05 p.m. with seven members present. Chairman Washington presiding. 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 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 reported that the Public Works and Property Vacation 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 to allow for a retail drug store with a drive -thru window. He indicated access to the 1.12 acre site will be from Fremont, Lincoln Way West and Olive. He indicated Area Plan had recommended this to the Council favorable. John Pettycord, attorney, made the presentation for the bill. He indicated two years ago we filed a petition to rezone this property for Hooks, however, since Hooks has been acquired by Revco they wanted to enlarge the size of the store. He indicated the entire north side will be wood screened and landscaped. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 45 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE SECOND NORTH -SOUTH ALLEY WEST OF S. CARROLL STREET FROM THE NORTH RIGHT -OF -WAY LINE OF EAST OHIO STREET NORTH TO THE DEAD -END FOR A DISTANCE OF APPROXIMATELY 97.5 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN BAKER'S FIRST ADDITION TO THE CITY OF 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. Ann Kolata, deputy director of Community and Economic Development, made the presentation. She indicated this bill was continued from the last meeting. She indicated it is an alley just south of Sample and West of Carroll, and we are asking for it to be vacated. She indicated this has gone through the condemnation and the appeal process time has passed. Phillip Magaldi, 1122 E. Sample, thanked the Council for granting the two week extension, and indicated he had contact Gabriel Oakafor of Economic Development, and he could not come to any agreement. He indicated he had attempted to talk with Jon Hunt, but had difficulty getting a hold of him. Mrs. Kolata indicated the condemnation was used on the lot in question because letters sent to Mr. Magaldi have been unanswered since February. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 52 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY - THE ALLEY TO BE VACATED IS DESCRIBED AT THE FIRST EAST -WEST ALLEY NORTH OF LINCOLN WAY WEST FROM THE EAST RIGHT -OF -WAY LINE OF N. JOHNSON ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. JOHNSON ST. FOR A DISTANCE OF APPROXIMATELY 124 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN AUGUSTINE'S ADDITION TO THE CITY OF 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 Puzzello reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Betty Williams, 1013 Lindsey, from the Greater New Vision Missionary Baptist Church, made the presentation for the bill. REGULAR MEETING SEPTEMBER 25, 1995 parking next to the church. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 54 -95 A BILL TO VACATE THE FOLLOWING PROPERTY - THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF STATE ROAD 23 FROM THE EAST RIGHT -OF -WAY LINE OF N. BURNS STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. BURNS STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET AND A WIDTH OF APPROXIMATELY 10 FEET. PART SITUATED IN HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 55 -95 A BILL TO VACATE THE FOLLOWING PROPERTY - THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF STATE ROAD 23 FROM THE EAST RIGHT -OF -WAY LINE OF N. DUEY STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. DUEY STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET AND A WIDTH OF APPROXIMATELY 10 FEET. PART SITUATED IN HARTMAN AND WOODWORTH'S PLAT IN THE CITY OF SOUTH BEND, INDIANA Council Member Puzzello made a motion to continue Bill Nos. 54 and 55 -95, at the request of the petitioner, to October 9, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 60 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH /SOUTH ALLEY SOUTH OF OAK PARK DRIVE, RUNNING SOUTH FROM OAK PARK DRIVE FOR A DISTANCE OF APPROXIMATELY 150 FEET TO THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, ALL IN "WOODED ESTATES," IN THE CITY OF 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 Puzzello reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Kenneth Fedder, attorney, made the presentation for the bill. He indicated that previously the Council had vacated the north south alley and his clients are petitioning to vacate this 150 x 20 foot alley south of Oak Park, in order to establish a restaurant at this location. He indicated the Board of Public Works had given this vacation a favorable recommendation. Dawn Forsythe, 1311 N. Ironwood, indicated they were in the process of building a garage on this alley. Ray Schmidt, 1303 Ironwood spoke against the closing of this alley. Donna Schmidt, 1303 Ironwood, indicated it makes no sense that you could get a building permit for a garage and then shut off the entrance. Attorney Fedder suggested this matter be delayed until this problem is resolved. Council Member Luecke made a motion to continue public hearing on this bill Until October 9, seconded by Council Member Duda. The motion carried. BILL NO. 48 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE COLLEGE FOOTBALL HALL OF FAME FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1995 AND ENDING DECEMBER 31, 1995 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT, AND ESTABLISHING CERTAIN ENTERPRISE FUNDS 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 made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Kelly. The motion carried. Council Member Luecke reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Bernie Kish, Director of the Hall of Fame, made the presentation for the bill. He indicated revenue for the rest of the year is estimated at $692,940 and expenses at $655,000. He indicated that during the first four weeks they have had 6,000 per week visiting the facility. He indicated they were projecting 68,000 will visit by the end of the year. He reported that thus far people from 44 states and 11 foreign countries have toured the Hall. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Luecke. The motion carried. BILL NO. 49 -95 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY AMENDING SECTION 21 -18, ENTITLED "C" COMMERCIAL DISTRICT; USES PERMITTED 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 made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Kelly. The motion carried. Council Member Puzzello 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 Common Council was the petitioner of this proposed bill, which will prohibit the establishment of any adult business within five hundred (500) feet of any legal residential use. He indicated Area Plan sends this petition to the Common Council with a favorable recommendation. Council Member Puzzello made the presentation for the bill. She indicated this bill would eliminate adult businesses within 500 feet of a residence of any kind. John Broden, deputy city attorney, indicated they are numerous residences throughout the City in zonings other than "A" or "B" residential. He indicated this would not apply to the adult business on South Main Street. Ron Marciniak, Chief of Police, indicated that many communities are starting to establish ordinances for quality of life in neighborhoods. He indicated this type of business brings many other types of crime as well as out of county people into the City. Joe Sergio, from Sergio's Pools and Spas, spoke in favor of this bill. He indicated he strongly supported this bill. Mike Edwards, 822 E. Irvington, indicated most of the people in the Chambers were here to support the new bill. Vicki Bowman, Garrett IN, indicated here organization has seen the depravation this type of business causes, as well as hurt pornography causes to many people. She indicated that when a dirty brook store locates in a neighborhood, it declines. Mike Hamman, 2768 Tomahawk Trail, indicated we need tougher zoning restrictions, as well as tougher laws. Michael Crist, 23285 Roosevelt, urged for passage of this bill. Audry Slater 2201 Dorothy, urged for tougher laws. Tina Smith, indicated the Council had a responsibility to protect the children in this City. Dennis Swan, police officer, indicated this type of business needs to be stopped, not just restricted. Melvin Coil, 1927 Rockne, representing Citizens for Family Value, he urged the passage of this bill, but indicated it should be tougher. He indicated Elkhart County made this 1,000 feet from schools, homes, parks, churches, etc., and there are no adult book stores in Elkhart County, so it can be done. Dave Varner, 1306 Clayton Dr., spoke in favor of this bill, indicating the Council should do everything possible to improve the quality of life in the City. Dennis Stoffelbach, 1512 Hass Dr., indicated this bill closed a dangerous loophole. He indicated further legislation was needed and encouraged the enactment of a law in effect in Dallas. A representative of Sibley's factory, indicated they felt adult activities were a potential damaging distraction to their employees. Lester Summeral, Jr., spoke in favor of this bill. He indicted he has travelled around the world, preaching the Gospel, and South Bend was a nice place to come home to and he would like it to remain that way. An african student encouraged the passage of this bill so this City could remain a nice quiet place to live and study. Angela Elston, 317 Donmoyer, indicated that soft porno can lead to child molestation. A resident of 1001 Mayflower, indicated that through the years pimps and prostitution have taken over the downtown. Terry Ferris, 1641 E. Fox, spoke against adult entertainment, indicated he had almost opened a day care center on south Main Street. a resident of 62190 Oak Road, indicated we should get "Alive with Pride" and get rid of pornography. Council Member Puzzello read the following letter from Council Member Slavinskas: "At tonight's evening South Bend Common Council meeting, Substitute Bill No. 49 -95 will be acted upon by the Council. Unfortunately, due to previously scheduled business commitments, I will be unable to attend this meeting. In light of the continuing concern that I have on the location of adult businesses, I did want my position known on this Bill. If present tonight I would vote in favor of Substitute Bill No. 49 -95. As Chairperson of the Zoning and Vacation Committee, I believe that the Substitute Bill enhances the strong zoning ordinances which we currently have on the books. By further restricting legal conforming uses located within nonresidential use districts, zoning protection from the detrimental effects from the location of adult businesses on such dwellings can be made. I commend you for your leadership in proposing this zoning regulation. I hope that you and the entire Council will join me in step two which is to enact reasonable licensing regulations which will govern such adult businesses. Proper monitoring of such businesses based on the health and safety considerations will provide further tools to oversee such operations. I request that you read this letter so that it will become a part of the official record at tonight's meeting. Thank you. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. Council Member Luecke made a motion to have a recess, seconded by Council Member Duda. The motion carried and the meeting was adjourned at 8:55 and reconvened at 9:00 P.M. BILL NO. 59 -95 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1996, 1997, AND 1998 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. Council Member Luecke made a motion to amend the bill in the title by deleting 60 -93 and 8396 -93, seconded by Council Member Ladewski. The motion carried. Cathy Hubbard Shead, Human Resources Director, made the presentation for the bill. She indicated non - bargaining employees will receive a 3% increase for 96, 97 and 1998, which is in line with the Teamsters. She indicated there were a few exceptions to the 3 %. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to combine Bill No. 56, 57 and 58 in the Council portion of the public hearing, seconded by Council Member Puzzello. The motion carried. Council Member Luecke reported that the Personnel and Finance Committee had extensive hearings on these bills, and all three were sent to the Council with a favorable recommendation. BILL NO. 56 -95 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1996, AND ENDING DECEMBER 31, 1996, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 57 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1996, AND ENDING DECEMBER 31, 1996, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 59 -95 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1996 Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Duda. The motion carried. ATTEST: kv ' r✓ City Clerk ATTEST: Chairman 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 9:15 p.m. Council President Ladewski presiding, and seven members present. BILLS, THIRD READING ORDINANCE NO. 8618 -95 AN ORDINANCE 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 third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 8619 -95 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE SECOND NORTH -SOUTH ALLEY WEST OF S. CARROLL STREET FROM THE NORTH RIGHT -OF -WAY LINE OF EAST OHIO STREET NORTH TO THE DEAD -END FOR A DISTANCE OF APPROXIMATELY 97.5 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN BAKER'S FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 8620 -95 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY - THE ALLEY TO BE VACATED IS DESCRIBED AT THE FIRST EAST -WEST ALLEY NORTH OF LINCOLN WAY WEST FROM THE EAST RIGHT -OF -WAY LINE OF N. JOHNSON ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. JOHNSON ST. FOR A DISTANCE OF APPROXIMATELY 124 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN AUGUSTINE'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 8621 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE COLLEGE FOOTBALL HALL OF FAME FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1995 AND ENDING DECEMBER 31, 1995 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT, AND ESTABLISHING CERTAIN ENTERPRISE FUNDS 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 Duda. The motion carried. Council Member Luecke made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of seven ayes. ORDINANCE NO. 8622 -95 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY AMENDING SECTION 21 -18, ENTITLED "C" COMMERCIAL DISTRICT; USES PERMITTED This bill had third reading. Council Member Washington made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Washington made a motion to pass the bill, as amended, seconded by Council Member Luecke. The motion carried on a roll call vote of seven ayes. ORDINANCE NO. 8623 -95 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1996, 1997, AND 1998 is bill had third reading. Council Member Zakrzewski made a motion to amend the 11, as amended in the Committee of the Whole, seconded by Council Member shington. The motion carried. Council Member Washington made a motion to pass the 11, as amended, seconded by Council Member Duda. The motion carried on a roll call to of seven ayes. -95 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1996, AND ENDING DECEMBER 31, 1996, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Council Member Washington made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of seven ayes. -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1996, AND ENDING DECEMBER 31, 1996, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT is bill had third reading. Council Member Washington made a motion to pass this 11, seconded by Council Member Duda. The bill passed by a roll call vote of seven es. AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1996 bill had third reading. Council Member Washington made a motion to amend the as amended in the Committee of the Whole, seconded by Council Member Luecke. motion carried. Council Member Luecke made a motion to pass the bill, as .ded, seconded by Council Member Washington. The motion carried on a roll call of seven ayes. ON NO. 2280 -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 5316 WESTERN SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR VELDMAN'S CROSSINGS, INC. 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 5316 Western, South Bend, Indiana, and which is more particularly described as follows: A part of the SE 1/4 of Section j8, T37 N. R2 E, in the City of South Bend, being more particularly described as follows, to -wit; Beginning at the NW corner of the SE 1/4 of Section 8; thence E along the N line of said SE 1/4 a distance of 283.1 ft; thence S at right angle to said N line of said SE 1/4 a distance of 247.25 ft; thence W a distance of 283.38 ft. to a point on the W line of said SE 1/4 that is 246.54 ft. S of the NW corner of said SE 1/4; thence N along the said W line a distance of 246.54 ft. to the place of beginning, situated in St. Joseph County, Indiana, except legal highways. and which has Key Number 18 35111 88564 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 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 described redevelopment or benefits identified in the of the Petition for Real Pr, of Benefits form prescribed the deduction granted under Council hereby determines and finds that the proposed rehabilitation can be reasonably expected to yield Statement of Benefits set forth as Sections I through II Dperty Tax Abatement Consideration and that the Statement by the State Board of Accounts are sufficient to justify 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 three (3) 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 Crumstown Road, made the presentation for the planning to renovate the site for a convenienc, wash. Council Member Zakrzewski made a motion Council Member Washington. The resolution was ayes. at this time. Tim Costello, 56896 resolution. He indicated they were store with gasoline sales and a car to adopt this resolution, seconded by adopted by a roll call vote of seven RESOLUTION NO. 2281 -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 411 W. INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR KEENER PRINTING & LITHOGRAPHY, 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 411 W. Indiana, South Bend, Indiana, and which is more particularly described as follows: Lots 2 -4 -5 & Vac. alley, Stull's 4 and this property has Key Number 18 3515 61744 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 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 Department of Economic Development, and the Human Resources and Economic opment Committee's favorable recommendation, that the area herein described be nated as Economic Revitalization Area for purposes of personal property tax tion 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 ified 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. Mike Keener, made the presentation for the resolution. He indicated they were requesting this abatement to purchase equipment in order that can maintain a competitive edge in the commercial printing market. He indicated the cost of the equipment would be $183,000 and they will create two new permanent jobs. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of seven ayes. RESOLUTION NO. 2282 -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 814 S. MAIN, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, 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 814 S. Main, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: All of the Numbered One Hundred Nine (109) and One Hundred Ten (110) as shown on the recorded Plat of Daniel Garst's Subdivision of a part of his 1st addition to South Bend City, now a part of the City of South Bend. PARCEL II: All of Lots Numbered Two Hundred fifty -seven (257) and Two Hundred Fifty -eight (258) as shown on the recorded Plat of Daniel Garst's Subdivision of a part of his 1st addition to the South Bend City, now within and a part of the City of South Bend. PARCEL III: All of Lots Numbered Two Hundred Eleven (211) and Two Hundred Twelve (212) as shown on the recorded Plat of Daniel Garst's 1st addition to the South Bend City, now within and a part of the City of South Bend. PARCEL IV: Beginning at the Northwest corner of Lot Two Hundred Twenty (220) in Garst's First addition to South Bend City now within and a part of the City of South Bend, Indiana, as recorded in plat Book 3, page 41 in the Office of the Recorder of St. Joseph County, Indiana, said beginning point being the intersection of the South line of said vacated 14 foot alley with the East right -of -way line of Main Street as now exist: thence north 0 degrees 00100" East (bearing assumed) along said right -of- way line of Main Street, a measured distance of 52.13 feet to the South line of the North 30.00 feet of said Lot Two Hundred Sixty (260); thence North 89 degrees 57140" East along said South line and parallel with the North line of said Lot 260 a measured distance of 200.37 feet to the East line of Lot Two Hundred Twelve (212) in Garst's First Addition; thence South 0 degrees 10121" West along the Eat line of said lot 212, a measured distance of 51.93 feet to the Northeast corner of Lot Two Hundred Thirteen (213) in said Garst's First addition being also the Southeast corner of a 14 South 89 foot alley vacated by Vacation Resolution 3444; thence south 89 degrees 46'20" West along the South line of said vacated 14 foot alley, a measured distance of 200.25 feet to the place of beginning. PARCEL V: All of Lots Numbered Two Hundred (213), Two Hundred Fourteen (214), Two Hundred Fifteen (215), Two Hundred Sixteen (216), and the East 10 feet of Lot Numbered Two Hundred Seventeen (217) all as shown on the recorded Plat of Daniel Garst's 1st addition of South Bend City, now within and a part of the City of South Bend, excepting therefrom the South 25 feet thereof. PARCEL VI: All of Lots Numbered Two Hundred Eighteen (218), Two Hundred Nineteen (219), and Two Hundred Twenty (220), and the West 15 feet of Log Numbered Two Hundred Seventeen (217) all as shown on the recorded Plat of Daniel Garst's 1st addition to South Bend City, now within and a part of the City of South Bend, excepting therefrom the South 24.5 feet thereof. and this property has Key Number 18 3042 1621 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 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 met on this resolution and recommended it to the Council favorable. Stan Blenke, executive vice president of Schafer Gear made the presentation for the resolution. He indicated they planned to purchase a lathe, shaving machine and grinder, which will be used exclusively to manufacturer gear components for a specific customer. He indicated six new jobs will be created. Council Member Washington made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of seven ayes. UNFINISHED BUSINESS Council Member Puzzello made a motion to set Bill Nos. 43 and 51 -95 for public hearing and third reading on October 9, and refer them to the Zoning and Annexation Committee, seconded by Council Member Zakrzewski. The motion carried. There being no further business Member Zakrzewski made a motion motion carried. The meeting was ATTEST: j� City Clerk to come before the Council to adjourn, a seconded by adjourned at 9:35 p.m. ATTEST: P7bnt unfinished or new, Council Council Member Kelly. The Ed