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HomeMy WebLinkAbout05-23-94 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, May 23, 1994, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, and Ladewski Absent: Council Member Luecke REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the May 9th meeting of the Council and found them correct, with the appropriate corrections. Therefore, we recommend the same be approved. /s/ Ann Puzzello /s/ Eugene Ladewski Council Member Coleman made a motion that the minutes of the May 9th meeting be accepted, with corrections, and placed on file, seconded by Council Member Duda. The motion carried. REPORTS OF CITY OFFICES Richard Nussbaum presented a report on the "sludge farm ", including the history. He also displayed a photograph showing the areas of sludge. No sludge is dumped at the lagoon! Mr. Nussbaum explained the ground water is now monitored, and all readings have been clean. Tests will be completed at the Organic Resource Facility and Blackthorn Golf Course. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Washington. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on May 23rd, at 7:25 p.m., with eight members present. Council Member Kelly presided. BILL NO. 18 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 322 W. WASHINGTON AVE., 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 Slavinskas reported that the Zoning & Annexation Committee had met on this bill and recommended it to the Council favorable. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. John Byorni, Area Plan, reported that the petitioner wanted to zone this parcel from "D" Light Industrial, "F" Height and Area, to "A -3" Mixed Use, Multi - family Residential and Commercial, "F" Height and Area. He indicated that the Commission recommended this to the Council favorable, subject to a final site development plan. Mrs. Dixie Thurin, 62277 Poppy Road, the petitioner, made the presentation on the bill. She indicated that the home would be remodeled and returned to use as a single family home with a small office. Council Member Slavinskas made a motion to recommend this substitute bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 19 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 910 BRUCE 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 Slavinskas reported that the Zoning & Annexation Committee had met on this bill and recommended it to the Council favorable. Council Member Puzzello made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Mr. John Byorni, Area Plan, reported that the petitioner wanted to rezone this parcel from "A" Residential, "A" Height and Area to "C" Commercial, "F" Height and Area. He indicated that the Commission recommended this bill to the Council favorable, subject to a final site development plan. Mr. Richard Morgan made the presentation for his client, Zahoran Funeral Home. The plans call for construction of a one -story garage to house the vehicles at the site of the funeral home. Council Member Coleman made a motion to recommend this substitute bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 20 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3900 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA 46628, FOR BASEBALL, INC., AN INDIANA CORPORATION. This being the time heretofore set for public hearing on the above bill, proponents REGULAR MEETING MAY 23, 1994 and opponents were given an opportunity to be heard. Council Member Slavinskas reported that the Zoning & Annexation Committee had met on this bill and recommended it to the Council favorable. Mr. John Byorni, Area Plan, reported that the petitioner wanted to rezone this property from "C" Commercial, "D" Height and Area to "C" Commercial, "D" Height and Area. He indicated that the Commission recommended this to the Council favorable, subject to a final site development plan. The proposed parking area will be screened with landscaping and should not have a negative impact on the residential area to the south. Mr. Kenneth Fedder, Attorney for Baseball, Inc., made the presentation on this bill. Council Member Coleman made motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 21 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF WINDFALL DRIVE AND SUMMIT DRIVE 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 Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Mr. John Byorni, Area Plan, reported that the Petitioner wanted to rezone this property from "C" Commercial, "A" Height and Area, to "A" Residential, "A" Height and Area. A site plan is not required. He indicated that the Commission recommended this to the Council favorable. Sue Clark, 54242 Maple Lane, made the presentation for the bill. She indicated that is for the development of single family lots. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 30 -94 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING A NEW "O" OFFICE DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS. 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 Annexation Committee had met on this bill and recommended it to the Council favorable. Mr. John Byorni, Area Plan, reported that this will adopt an "O" Office zoning district for the City of South Bend. Permitted uses in the new district will include professional, business, governmental and quasi - governmental offices in buildings of 5,000 square feet or less. It will also delete some professional offices as permitted uses within the "B" Residential zoning district. He indicated that the Commission recommended this to the Council favorably. Council Member Slavinskas, 5703 Bridgeton Lane, expressed his appreciation to Kathleen Cekanski- Farrand, Code Enforcement Director Kathy Dempsey, Building Department Director Don Fozo, and Area Plan. All members of the Area Plan Commission's staff spent many hours working on this bill. Council Member Coleman also expressed his appreciation to Council Member Slavinskas for his stewardship of this particular bill, and to all involved, and special thanks to the perseverance Area Plan staff. Several persons have had a key interest in developing an alternative to the current zoning. Council Member Coleman made a motion to recommend this to the Council favorably, seconded by Council Member Duda. The motion carried. BILL NO. 49 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF E. PLEASANT ST FROM THE EAST RIGHT -OF -WAY LINE OF S. TWENTY - SEVENTH ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING NORTH -SOUTH ALLEY EAST OF S. TWENTY- SEVENTH ST. FOR A DISTANCE OF APPROXIMATELY 155 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART LOCATED IN TWIN CITY REALTY SUBDIVISION OF LOT C 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 Duda reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Mr. Lawrence Prout, the petitioner, made the presentation. He explained that there are problems with persons driving late at night in the alley and that no one else really uses the alley. Mrs. Juanita Muhammad spoke in opposition. She was representing her mother, Maria Vega, 1214 S. 27th Street, next door neighbors of Mr. Prout. She explained that her father must use a wheelchair; and that her family uses the alley regularly to load the wheelchair to transport him to various places. It would be hardship for them not to have access to the alley. For rebuttal, Mr. Prout explained that he had talked to Mrs. Vega; and she did not care if it were vacated. Council Member Duda explained to Mr. Prout that one -half of the alley would go to him and the other half to the Vegas. Council Member Slavinskas suggested that paperwork could be drawn up between the two parties as a solution. The Committee is to be notified, in writing, of the solution. Council Member Washington made a motion to continue this bill to June 13, seconded by Council Member Ladewski. The motion carried. BILL NO. 52 -94 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; FRANCES C. HALEY PETITION. Council Member Zakrzewski made a motion to continue this bill indefinitely, seconded by Council Member Washington. The motion carried. BILL NO. 48 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A CUMULATIVE CAPITAL DEVELOPMENT FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Personnel & Finance Committee had met on this bill and recommended it to the Council favorable. Jeff Rinard, Finance Director for the City of South Bend, made the presentation on this bill. He explained that this is a "Housekeeping" Ordinance and establishes an ad valorem tax levy of $.12 per $100.00 assessed valuation. The State law limits to three (3) year increments the life of such a fund and levy. The City first established this fund in 1985 and has since re- established this fund every three (3) years. Council Member Coleman made a motion to recommend this bill to the Council favorably, seconded by Council Member Washington. The motion carried. BILL NO. 53 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF 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 reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made a motion to accept the amended bill on file with the City Clerk, seconded by Council Member Slavinskas. The motion carried. Jeff Rinard, Finance Director for the City of South Bend, made the presentation on this bill. Council Member Ladewski posed the question on the terms of the agreement with Ampco for the parking garages. Mr. Rinard indicated that it is tentatively a five year agreement. He indicated that the wording in the contract allows the City to cancel the agreement at any time with a thirty day notice, with language in the Contract for potential for a three year agreement. Council Member Coleman made a motion to recommend this to the Council favorably, seconded by Council Member Ladewski. The motion carried. BILL NO. 54 -94 A BILL APPROPRIATING $37,000.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR THE PURPOSE OF PURCHASING ADMINISTRATIVE EQUIPMENT AND PERFORMING VARIOUS REPAIRS AT THE MORRIS CIVIC AUDITORIUM. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Dale Balsbaugh, Manager of the Morris Civic Auditorium, made the presentation on this bill. Several improvements are drastically needed and will be compatible with all future projects. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. BILL NO. 55 -94 A BILL APPROPRIATING $1,080,000 WITHIN VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS 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 Duda reported that the Public Works and Vacation Committee had met on this bill and recommended it to the Council favorable. John Leszczynski, Director of Public Works, made the presentation on this bill. He reported that improvements were needed for street maintenance and repair in the amount of $460,000.00, design and construction projects in the amount of $409,300.00, railroad improvements in the amount of $50,000.00, and the widening of Ironwood Road from Ireland to Brookmede Street in the amount of $160,700.00. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Slavinskas. The motion carried. BILL NO. 56 -94 A BILL APPROPRIATING $243,300.00 WITHIN VARIOUS ACCOUNTS OF THE WASTEWATER FUND FOR VARIOUS IMPROVEMENTS. This being the time heretofore set #of public hearing on the above bill, proponents and opponents were given an opporunity to be heard. Council Member Zakrzewski reported that the Utilities Committee had met and recommended it to the Council favorable. John Leszczynski, Director of Public Works, made the presentation on this bill. Council Member Zakrzewski made a motion to recommend this bill to the Council favorabbly, seconded by Council Member Zakrzewski. The motion carried. I '1'111 �• •• Council Member Puzzello made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: A� C airman Be it remembered that the Common Council of the "City of South Bend reconvened in the Council Chamber on the fourth floor of the County -City Building at 8:02 p.m., with Council President Puzzello presiding, and eight members present. BILLS. THIRD READING ORDINANCE NO. 8500 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 322 W. WASHINGTON AVE., IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Slavinskas. Council Member Coleman made a motion to pass this bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8501 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 910 BRUCE STREET, IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Washington. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8502 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3900 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA 46628, FOR BASEBALL, INC., AN INDIANA CORPORATION. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8503 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF WINDFALL DRIVE AND SUMMIT DRIVE IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8504 -94 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING A NEW "O" OFFICE DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS. This bill had third reading. Council Member Kelly 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. 8505 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A CUMULATIVE CAPITAL DEVELOPMENT FUND. 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. ORDINANCE NO. 8506 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF 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. 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. ORDINANCE NO. 8507 -94 AN ORDINANCE APPROPRIATING $37,000.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR THE PURPOSE OF Cif u � PURCHASING ADMINISTRATIVE EQUIPMENT AND PERFORMING VARIOUS REPAIRS AT THE MORRIS CIVIC AUDITORIUM. This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8508 -94 AN ORDINANCE APPROPRIATING $1,080,000 WITHIN VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS FUNDS. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8509 -94 AN ORDINANCE APPROPRIATING $243,300 WITHIN VARIOUS ACCOUNTS OF THE WASTEWATER FUND FOR VARIOUS IMPROVEMENTS. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2130 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE NORTHEAST CORNER OF MAIN STREET AND BROADWAY STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR RICHARD ALLEN. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as the northeast corner of Main and Broadway streets, South Bend IN, and which is particularly described as follows: That part of the Northwest Quarter of Section 13, Township 37, North, Range 2 East, Portage Township, which is described as: Lots 17, 18, 19 and 20 of the recorded Plat of "Stull's Third Addition to the City of South Bend" as shown in Plat Book #6, on Page #109 in the records of the St. Joseph County, Indiana Recorder's Office and being more particularly described as: Beginning at the Southwest Corner of Lot 20 of the recorded Plat of "Stull's Third Addition to the City of South Bend" as shown in Plat Book #6, on Page #109 in the records of the St. Joseph County, Indiana Recorder's Office said point also being the intersection of the East right -of -way line of Main Street and the North right -of -way line of Broadway Street; thence N. 00 -19'- 52" W. along said East line, 264.24 ft. (Record, 264.0 ft.) to the Northwest corner of Lot 17 in said Subdivision; thence N. 89- 30' -02" E. along the North line of said Lot, 165.70 ft. (Record, 165.75 ft.) to the West right -of -way of a 14 ft. public alley and the Northeast corner of said Lot 17; thence S. 00- 17' -54" E. along said West line, 264.50 ft. (Record, 264.0 ft.) to the North right -of -way line of Broadway Street, and the Southeast corner of said Lot 20; thence S. 89- 35' -32" W. along the South line of said Lot and North right -of -way line, 165.55 ft. (Record, 165.75 ft.) to the Point of Beginning with said real estate having the following Key No. 18- 8004 -0209 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for 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 REGULAR MEETING se g. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Richard Allen, the petitioner, made the presentation. He indicated that the new construction would cost approximately $230,000.00 and that between eight to thirty -two jobs will be created. Council Member Slavinskas explained the process of filing the proper form with the County Auditor after approval. When the property is assessed, there is a thirty day filing deadline with the Auditor's office. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2131 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1702 WEST WASHINGTON STREET, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MANUFACTURING TECHNOLOGY, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1702 W. Washington, South Bend IN, and which is particularly described as follows: PARCEL I: A lot or parcel of Land in the City of South Bend, located in the East Half of the Northeast Quarter of Section Number Ten (10), Township Number Thirty -seven (37) North, Range Number Two (2) East, bounded by a line running as follows, viz: Beginning at a point in the South line of West Washington Avenue 7.58 feet West from a point where the West line of College Street extended South would intersect the South line of said West Washington Avenue thence South 208 feet; thence East along the South line of Washington Avenue a distance of 395.87 feet to the place of beginning. PARCEL II. Also, beginning at a point in the South line of West Washington Avenue 7.58 feet West from a point where the West line of College Street extended South would intersect the South line of Washington Avenue and being at the Northeast corner of the above described tract 293.6 feet to an iron stake; thence East 19.69 feet, more or less, to the Southwest corner of a tract of land conveyed to the South Bend Wholesale Drug Company by deed recorded in Deed Record 333 page 336; thence North 293.6 feet, more or less, to a point in the South line of West Washington Avenue 20 feet East of the place of beginning; thence West 20 feet to the place of beginning, subject, however, to a perpetual easement of right of way in common with the Grantees at all times and for all purposes over the following real estate for the use and benefit of the South Bend Drug Co., Inc. A part of the East Half (1/2) of the Northeast Quarter (1/4) of Section Ten (10), Township Thirty -seven (37) North, Range Two (2) East, described as follows: Beginning at a point on the South line of Washington Avenue which is 389.87 feet West to a point which is 7.58 feet West from the West line of College Street extended South to the South line of Washington Avenue; thence due South 133.5 feet; thence Easterly 321.3 feet to a point 130.3 feet due South from the South line of Washington Avenue; thence in a Southeasterly direction 102 feet to an iron stake, which iron stake is 208 feet due South from Washington Avenue; thence North 46.2 feet; thence in a Northwesterly direction 80.3 feet to a point 100.3 feet due South from the South line of Washington Avenue; thence Westerly 305.6 feet to a point due South 103.5 feet from the South line of Washington Avenue, thence North 103.5 feet from the South line of Washington Avenue which is 30 feet East of the place of beginning, thence West 30 feet to the place of beginning. with said real estate having the following Key Nos. 18 2001 0005, 18 2001 0002, 18 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et seg. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney for the petitioner, made the presentation. He indicated that the equipment will cost approximately $1,600,000. This project will create six new positions. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2132 -94 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 421 S. MAIN AND 201 W. MONROE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR THE PRIEMER /MCCALLUM PROJECT. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 421 S. Main and 201 W. Monroe, South Bend IN, and which is particularly described as follows: 52 1/2 feet by 110 feet, southeast part of lot 42, Martin's addition with said real estate having the following Key No. 18- 3015 -0574 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for 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 three (3) 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 sea. — SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Ann Puzzello 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. Leo Priemer, petitioner, made the presentation. He indicated he was planning to improve the entire exterior as well as the total renewal of the interior of the facility, at a cost of approximately $120,000.00. The building is the former White Radiator Company. 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. RESOLUTION NO. 2133 -94 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 TOLL ROAD INDUSTRIAL PARK, LOT 15 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR MIDWEST EMBROIDERY DEVELOPERS LIMITED 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 15 Toll Road Industrial Park, South Bend, Indiana, and which is more particularly described as follows: Toll Road Industrial Park, Section 6, Lot 15 and which has key number 25- 1013- 0212.02, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et sea. and South Bend Municipal Code Sections 2 -76 et sea., and; and which has Key Number 25 1013 0212.02 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 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. Joseph Piscione, Controller of Midwest Embroidery, made the presentation for the bill. He indicated that this will enable them to maintain 92 existing permanent positions and add 15 new positions. The estimated cost of the project is $1,376,000. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2134 -94 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 802 S. FELLOWS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR FORTUNA LAND COMPANY. 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 802 S. Fellows Street, South Bend, Indiana, and which is more particularly described as follows: LOTS 156 THRU 167 EX NE COR LOT 161 AND VACATED ALLEYS E H RUSHES SECOND ADD KNOWN AS PARCEL ##12 MONROE \SAMPLE REDEVELOPMENT AREA and which has Key Number 18 8032 084906 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 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. Anthony Fortuna, President of Harbor Metal made the presentation for the bill. The project will create three new jobs. Production should be increased and streamlined. Twenty -six jobs will be maintained. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2135 -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 802 S. FELLOWS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR HARBOR METAL TREATING OF INDIANA, 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 802 S. Fellows, South Bend, Indiana, and which is more particularly described as follows: LOTS 156 THRU 167 EX NE COR LOT 161 AND VACATED ALLEYS E H RUSHES SECOND ADD KNOWN AS PARCEL #12 MONROE \SAMPLE REDEVELOPMENT AREA and this property has Key Numbers 18 3092 3512 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et sea.: 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 sea., and South Bend Municipal Code Sections 2 -76 et sea. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; 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 ufacturing equipment can be reasonably expected to yield the benefits identified in State of Benefits as set forth in Section 1 through 3 of the Petition for Personal petty Tax Abatement Consideration and that the Statement of Benefits form completed the Petitioner, said form being prescribed by the State Board of Accounts, are ficient 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 Development iittee's favorable recommendation, that the area herein described be designated as omic Revitalization Area for purposes of personal property tax deduction for a od of five (5) years. SECTION IV. The Common Council determines that such designation is for personal roperty tax abatement only and shall be limited to two (2) calendar years from the date f the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is ualified 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 doption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, aid publication providing notice of the public hearing before the Common Council on aid declaration. SECTION VII. This resolution shall be in full force and effect from and after its ion by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council public hearing was held on the resolution at this time. Council Member Kelly reported iat the Community and Economic Development Committee had met on this bill and !commended it to the Council favorable. Anthony Fortuna, petitioner, made the 'esentation. He indicated that the new equipment will cost $670,000.00 and create free new jobs, with an annual payroll of $530,000. Council Member Slavinskas expressed s appreciate for their investment in our community. Council Member Slavinskas made motion to adopt this resolution, seconded by Council Member Coleman. The resolution .s adopted by a roll call vote of eight ayes. -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1919 S. CARLISLE STREET, IN THE CITY OF SOUTH BEND, INDIANA. s bill had first reading. Council Member Coleman made a motion to refer this bill Area Plan, seconded by Council Member Slavinskas. The motion carried. ouncil Member Slavinskas made a motion to set Bill Nos. 90 -93, 42 -94, 43 -94, 46 -94, 57- 4, and 58 -94 for public hearing and third reading on June 13, and refer them to the oning and Annexation Committee, seconded by Council Member Coleman. The motion arried. being no further business to come before the Council unfinished or new, Council Coleman made a motion to adjourn, seconded by Council Member Ladewski. The carried. The meeting was adjourned at 8:30 p.m. T: 'ity Clerk ATTEST: P sid nt