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HomeMy WebLinkAbout02-14-94 Council Meeting MinutesFEBRUARY 14. 1994 it remembered that the Common Council of the City of South Bend met in the Council mbers of the County -City Building on Monday, February 14, 1994, at 7:00 P.M. The ting was called to order and the Pledge to the Flag was given. Present: Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Ladewski Absent: None To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the January 24, 1994 meeting of the Council and found them correct. (Therefore, we recommend the same be approved. Ann Puzzello Gene Ladewski Council Member Coleman made a motion that the minutes of the January 24, 1994, meeting of the Council be accepted and placed on file, seconded by Council Washington. The motion carried. SPECIAL BUSINESS Council President Puzzello announced there would be a special meeting on February 21 on animal and gun control. Council Member Ladewski announced there would a committee meeting at 5:30 p.m. on February 17 and the gun control bill, and public hearing would be on February 21 at 7:00 p.m. Council President Puzzello announced that Ed Ehlers was reappointed to the Century Center Board of Directors; and Conrad Damien, Louvenia Cain have been reappointed to the Urban Enterprise Board and Council Member Duda will serve as the Council's representative. Council Member Coleman indicated they will be interviewing business owners for an appoint to the Urban Enterprise Board. REPORTS OF CITY OFFICES Jack Dillon, Environmental Services, gave a report on the Solid Waste Program. Council Member Zakrzewski made a motion to resolve into the Committee of the Whole, seconded by Council Member Duda. The motion carried. ICOMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on February 14, at 7:28 p.m., with nine members present. Chairman Kelly presiding. BILL NO. 9 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RESCINDING ORDINANCE NO. 5539 -73 OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED "AN ORDINANCE ANNEXING CERTAIN LAND TO 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 Coleman made the presentation for the bill. He indicated this bill repealed the German -Clay annexation, which has been in the courts since 1973. He indicated that in 1992 the Administration proposed an annexation policy which did not call for this area to be a priority to annex. The repeal was delayed when the State passed legislation that would not allow South Bend or Mishawaka to annex land involuntarily. Council Member Slavinskas indicated this bill had been referred to the Zoning and Vacation Committee and it received a favorable recommendation. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Washington. The motion carried. Dave Cherrone, 53712 Pinehurst, spoke in favor of this bill. Richard Nussbaum, City Attorney, spoke in favor of this bill. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Washington. The motion carried. BILL NO. 5 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN ARTICLE 1 OF CHAPTER 2, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE COMMON COUNCIL AND AMENDING VARIOUS SECTIONS WITHIN ARTICLE 5 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING BOARDS AND COMMISSIONS. 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 made a notion to accept the substitute bill on file with the City Clerk. Council Member Puzzello reported that the Rules Committee had met on this bill and recommended it to the Council favorable. Council Member Puzzello made the presentation for the bill. REGULAR MEETING FEBRUARY 14, 1994 She indicated this bill would change the reorganization meeting (except in an election year) to 5:00 p.m.; proposed bills would be signed in by the committee chair to whom it would be assigned; citizen members will be sent a copy of the bills that would be sent to their committee; Council appointments to boards and commissions would report back to the Council, in order that the Council would be better informed regarding the committee's activities. William Eagan, 1601 Cedar, spoke in favor of this bill. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 6 -94 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 8 OF CHAPTER 16 OF THE SOUTH BEND MUNICIPAL CODE REGARDING CONDITIONS CONSTITUTING PUBLIC NUISANCES AND AUTHORIZING THE DEPARTMENT OF CODE ENFORCEMENT TO PLACE AMOUNTS DUE AND OWING FOR REMOVAL OF WEEDS AND RANK VEGETATION ON TAX DUPLICATE FOR THE PROPERTY AFFECTED. This being the time heretofore set for public hearing on the above bill, proponents were given an opportunity to be heard. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Council Member Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable, as amended. Kathy Dempsey, Director of Code Enforcement, made the presentation for the bill. She indicated this bill amends Section 16 -53 of the Code regarding public nuisance, as well as a mechanism by which unpaid invoices for removal of weeds may be placed on the tax duplicate for the property. She indicated this bill should be amended on page 2 (7) by adding the word trailers after bicycles. Council Member Slavinskas made a motion to accept the amendment, seconded by Council Member Zakrzewski. The motion carried. Council Member Coleman made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 7 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 7 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents were given an opportunity to be heard. Council Member Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Anne Brunell, assistant city attorney, made the presentation for the bill. She indicated that basic cable rates are frozen until February 15, 1994, at which time they will be able to raise rates. She indicated this bill outlines the process to increase rates, thus insuring rates charged for basic cable. Ernest Dickson, 2706 Wall, spoke in favor of this bill. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 8 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $100,000 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401). This being the time heretofore set for public hearing on the above bill, proponents were given an opportunity to be heard. Council Member Washington reported that the Parks and Recreation 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 this appropriation would be used for capital improvements to the stadium in 1994. Richard Nussbaum, City Attorney, spoke in favor of this bill. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 9 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,345.00 FROM THE EAST BANK TRAIL FUND (FUND NO. 402). This being the time heretofore set for public hearing on the above bill, proponents were given an opportunity to be heard. Council Member Washington reported that the Parks and Recreation 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 this appropriation would be used for erosion control and repairs to a portion of the trail near Corby Blvd. and Niles Ave. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: TEST: P Ci y Clerk Ch9irman . FEBRUARY 14, 1994 IBe 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 8:06 p.m. Council President Puzzello presiding, and nine members present. (BILLS, THIRD READING ORDINANCE NO. 8461 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RESCINDING ORDINANCE NO. 5539 -73 OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED "AN ORDINANCE ANNEXING CERTAIN LAND TO 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 Washington. The motion carried. Council Member Washington made a motion to pass the bill, as amended, seconded by Council Member Duda. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 8462.94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN ARTICLE 1 OF CHAPTER 2, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE COMMON COUNCIL AND AMENDING VARIOUS SECTIONS WITHIN ARTICLE 5 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING BOARDS AND COMMISSIONS. 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 Washington. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 8463 -94 AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 8 OF CHAPTER 16 OF THE SOUTH BEND MUNICIPAL CODE REGARDING CONDITIONS CONSTITUTING PUBLIC NUISANCES AND AUTHORIZING THE DEPARTMENT OF CODE ENFORCEMENT TO PLACE AMOUNTS DUE AND OWING FOR REMOVAL OF WEEDS AND RANK VEGETATION ON TAX DUPLICATE FOR THE PROPERTY AFFECTED. 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 Washington. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 8464 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 7 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF SOUTH BEND. 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 nine ayes. ORDINANCE NO. 84t5-94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $100,000 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401). This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Krement on all property lines to 01, to construct a paved parking lot. ORDINANCE NO. 8466 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,345.00 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) RESOLUTIONS RESOLUTION NO. 2094 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 420 AND 422 N. WILLIAM, SOUTH BEND, INDIANA 46601 WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; REGULAR MEETING FEBRUARY 14, 1994 WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14 -1.5- 5, requesting that a special exception be granted fro the property lcoated at: 420 and 422 N. William Street, South Bend IN 46601 Section II. Following a presentation by the Petitioner, and after proper public Hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Bob Nagle, Asst. Zoning Administrator, indicated the Area Board of Zoning Appeals had recommended this to the Council favorable. David Merkin, attorney, made the presentation. He indicated he was vice president of Temple Beth -El and the Temple needed more off - street parking for safety reasons, therefore, a special exception was needed to have parking in "A" residential. 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. 2096 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 317 WEST WASHINGTON TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR CENTRAL HIGH ASSOCIATES LIMITED PARTNERSHIP. 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 Beginning at the intersection of the East line of William Street and the North line of Washington Ave., in the City of South Bend, St. Joseph County, Indiana, thence 89P-481-0811 east along the North line of Washington, 430.07 feet (426.50 ft., records) to a Point on the West line of St. James Court (a 14.00 ft. wide Public Alley); thence North 000- 01' -34" East along said line, 411.05 feet (410.00 Ft. record); North 89°- 43' -16" West along the South line of Colfax Avenue (82.50 ft. side), 430.26 feet (426.36 ft., record); thence South 00 °- 00'00" West (assumed bearing) along the East line of William Street (66.00 ft. side), 411.66 feet (410.00 ft., record) to the Point of beginning. Containing 176,950.524 square feet or 4.06 acres. with said real estate having the following Key No. 18- 1023 -0977 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 FEBRUARY 14, 1994 remonstrances and objections from interested persons; and EAS, the Council has determined that the qualifications for an economic talization area have been met. , THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, iana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seg. This Resolution shall be in full force and effect from and after its the Common Council and approval by the Mayor. /s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Tom Eddington, Economic Development, made the presentation. He indicated the Alexander Company plans to renovate Central High School into 102 apartment units in the downtown area. Tom Burnette, 1216 King St., spoke against tax abatement. Council Member Luecke made a motion to adopt this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3603 PROGRESS DR., AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR AUTOMATIC TECHNOLOGIES, 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 3603 S. Progress, South Bend, Indiana, and which is more particularly described as follows: A tract or parcel of land located in the Southwest Quarter of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, more particularly described as follows: Beginning at a point which is One Hundred Ninety -five and Eighteen Hundredths (195.18) feet North and Eight Hundred Fifty -five and Fifty - four Hundredths (855.54) feet Easterly of the center of said Section 33, said point being on the Northline of Progress Drive; thence North 0 °19' 51" East a distance of Four Hundred Sixty -eight and Seventy -three Hundredths (468.73) feet to the South line of the St. Joseph County Airport; thence South 890 59' 38" east on and along the South line of said St. Joseph County Airport a distance of Four Hundred Thirty -nine and Ten Hundredths (439.10) feet;t thence South 00 18' 51" West a distance of Four Hundred Seventy and Sixty -five Hundredths (470.65) feet to the North line of Progress Drive; thence North 89' 40' 09" West a distance of Four Hundred Thirty -nine and Seventy -one Hundredths (439.71) feet to the point of beginning. and this property has Key Numbers 25 1006 0296, 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 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; REGULAR MEETING FEBRUARY 14, 1994 (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/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Economic Development Committee had met on this bill and recommended it to the Council favorable. James Gregory, President, made the presentation for the resolution. He indicated the company needed to replace molding machines in order to increase their efficiency and be more competitive with their current customer base. He indicated this will allow them to maintain their current employment, and in the future increase their employment. Tom Burnette, 1216 King St., and John Bohannon, 2102 Lincolnway West, spoke against the abatement. Council Member Luecke made a motion to correct two misspelled words in the title, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2097 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 210 S. MICHIGAN, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR ONE PLAZA PLACE ASSOCIATES 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 210 South Michigan Street, South Bend, Indiana, and which is more particularly described as follows: Part of Lots 57 and 58, original plat of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the Northwest corner of Lot 58; thence South 0(P 31' 55" East on the West line of said Lot 58, a distance of 44.98 feet to the point of beginning; thence North 890 38' 45" East parallel to the Northline of said Lot 58, a distance of 32.43 feet; thence North 000 31' 55" West parallel to the West line of Lots 57 and 58, a distance of 6.98 feet; thence North 890 38' 45" East parallel to the North line of said Lot 58, a distance of 2.00 feet; thence North 45° 19' 29" East, a distance of 21.735 feet; thence South 460 01' 59" East, a distance of 21.735 feet; thence North 8 P 38' 45" East parallel to the North line of said Lot 58, a distance of 2.00 feet; thence South 000 31' 55" East parallel to the West line of said lots 56 and 58, a distance of 6.98 feet; thence North 890 38' 45" East parallel to the North line of said Lot 58, a distance of 36.10 feet; thence South 000 31' 55" East parallel to the West line of said Lots 57 and 58, a distance of 47.35 feet; thence South 890 38' 45" West parallel to the North line of said Lot 58, a distance of 4.32 feet; thence South OCP 31' 55" East parallel to the West line of said lots 57 and 58, a distance of REGULAR MEETING FEBRUARY 14, 1994 6.695 feet;t hence South 89P 37' 35" West parallel to the South line of said Lot 57, a distance of 6.31 feet;thence South 00° 31' 55" East parallel to the West line of said Lots 57 and 58, a distance of 0.755 feet; thence South 890 37' 35" West parallel to the South line of said Lot 57, a distance of 93.00 feet to the West line of said lot 57; thence North 000 31' 55" West on the West line of said Lots 57 and 58, a distance of 54.83 feet to the point of beginning. and which has Key Number 18 3003 0046 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. 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. G. That the area is located in an Economic Development Target Area designated as such under Indiana Code 6 -1.1- 12.1 -7. 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 ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council REGULAR MEETING FEBRUARY 14, 1994 A public hearing was held on the resolution at this time. Council Member Kelly reported that the Economic Development Committee had met on this bill and recommended it to the Council favorable. Charles Rice, attorney, made the presentation for the bill. He indicated they planned to extensively renovate this building for rental to tenants He indicated the renovation will not create any new jobs, since the building will be managed by a property management firm, however, constructions jobs created, as well as 30 tenants in the building. He indicated the resolution should be corrected in the title to read "Associates" rather than Association. Thomas Burnette, 1206 King, spoke against this abatement. Council Member Slavinskas made a motion to accept this amendment, seconded by Council Member Duda. The motion carried. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Ladewski. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 2098 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS LOT #4 CROSSROADS INDUSTRIAL COMPLEX, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX YEAR REAL PROPERTY TAX ABATEMENT FOR M/W PARTNERSHIP 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 Lot #4 Crossroads Industrial Complex, South Bend, Indian, and which is more particularly described as follows: Lot Numbered Four (4) as shown on the recorded Plat of Crossroads Industrial Complex Phase II, Section One, recorded in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 9201847. and which has Key Number 25 1018 061610 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. 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 that can be reasonably expected to redevelopment or rehabilitation; and information was requested are benefits result from the proposed described 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. G. That the area is located in an Economic Development Target Area designated as such under Indiana Code 6 -1.1- 12.1 -7. 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. REGULAR MEETING FEBRUARY 14, 1994 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/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Economic Development Committee had met on this bill and recommended it to the Council favorable. Bob Wozny, President, made the presentation for the resolution. He indicated they proposed to construct a 20,000 square foot building on 5.4 acres in the Airport Development Area. He indicated this facility would allow the company growth in the sales and employee base, as well as become more efficient and competitive. Thomas Burnette, 1216 King, spoke against this tax abatement. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 10 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 5, OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ANIMALS AND FOWL." This bill had first reading. Council Member Zakrzewski made a motion to set this bill for public hearing and third reading on February 21, seconded by Council Member Coleman. The motion carried. BILL NO. 11 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 9 ENTITLED "SELECTED WEAPONS AND INSTRUMENTS OF VIOLENCE PROHIBITED." This bill had first reading. Council Member Kelly made a motion to set this bill for public hearing and third reading on February 21, seconded by Council Member Coleman. The motion carried. BILL NO. 12 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF LINCOLNWAY WEST AND SHERIDAN STREETS, IN THE CITY OF SOUTH BEND, INDIANA, 46628, WITH THE PROPOSED COMMON ADDRESS OF 3901 LINCOLNWAY WEST, SOUTH BEND, INDIANA, 46628. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Slavinskas. The motion carried. BILL NO. 13 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3400 BLOCK OF NORTH BENDIX DRIVE, IN THE CITY OF SOUTH BEND, INDIANA 46628, FOR SOBIESKI FEDERAL SAVINGS AND LOAN ASSOCIATION OF SOUTH BEND. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 14 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING OF THE ISSUANCE OF LEASE RENTAL REVENUE BONDS BY THE SOUTH BEND REDEVELOPMENT AUTHORITY. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on February 21, and refer it to the Community and Economic Development Committee, seconded by Council Member Luecke. The motion carried. UNFINISHED BUSINESS Council Member Slavinskas made a motion to set Bill No. 116 -93 for public hearing and third reading on February 28, and refer it to the Zoning and Annexation Committee, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas made a motion to set Bill No. 117 -93 for public hearing and third reading on March 14, and refer it to the Zoning and Annexation Committee, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR F11 REGULAR MEETING FEBRUARY 14, 1994 Jon Bohannon, 2101 Lincolnway West; Delores Kuespert, 51530 Juniper Rd.; John Penn, 213 Oakly; Jeff Bryant, 331 North, Bremen; spoke regarding their rights to speak to the issue of gun control. 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 Zakrzewski. The motion carried and the meeting was adjourned at p.m. ATTEST: ATT T: City Clerk t