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HomeMy WebLinkAbout07-11-94 Council Meeting MinutesREGULAR MEETING JULY 11, 1994 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, July 11, 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, Luecke, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, and Ladewski Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the June 27 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Ann Puzzello /s/ Eugene Ladewski Council Member Coleman made a motion that the minutes of the June 27, 1994, meeting be accepted and placed on file, seconded by Council Member Ladewski. The motion carried. SPECIAL BUSINESS Council Member Puzzello welcomed Boy Scout Troop 325 to the Council meeting. Council Member Coleman announced that Jeannette Moeller, has been appointed by the Council as a republican member of the TRANSPO Board. REPORTS OF CITY OFFICES Brian Hedman, Executive Director, of Century Center discussed improvements they were making to Century Center in order to enlarge and update the facility. He indicated the Collectors convention this weekend will bring over 20,000 people into the City. Council Member Luecke made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. 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 July 11, at 7:15 p.m., with nine members present. Council Member Kelly presiding. BILL NO. 50 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 802- 810 LINCOLNWAY WEST, 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. Scott Kugler, Area Plan,' gave the staff and Commission reports, which were favorable. Council Member Luecke, representing South Bend Heritage, made the presentation for the bill. He indicated they were requesting this rezoning for development of a Youth Center, which will be named after Charles Martin, on the site of the former Wertz Hardware Building, for the Colfax Cultural Center. He indicated programs will include Slice of Life, South Bend Regional Museum of Art, M -PAK Media Group, First Steps Program /Logan Talent Search, IUSB Community Fine Arts Program, Girl Scouts of Singing Sands, and E1 Campito Pre - School. He indicated South Bend Heritage had acquired several adjacent lots which will be used for parking and landscaping and it is necessary to rezone this property to "C." Gene Oakly, 2614 York Rd., asked about the horse trough, and was told it would be moved down Lincolnway to be in front of the building. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 58 -94 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING TO AND MAKING CERTAIN OTHER REVISIONS TO THE ZONING ORDINANCE. Council Member Slavinskas made a motion to continue public hearing on this bill until July 25, seconded by Council Member Coleman. The motion carried. BILL NO. 64 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: WABASH ST. FROM THE NORTH RIGHT OF WAY LINE OF W. CALVERT ST. TO THE SOUTH RIGHT OF WAY LINE OF W. DUBAIL AVENUE, FOR A DISTANCE OF APPROXIMATELY 600 FEET AND A WIDTH OF APPROXIMATELY 30 FEET. PART SITUATED IN OLIVE PLACE ADDITION 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 Luecke reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Lori Kay Gesto, Belle Way Trucking, made the presentation for the bill. She indicated this portion of Wabash Street has never been developed, and they had a chance to purchase four acres of property near their business, and if Wabash Street were vacated they could use this property for future expansion. Council Member Zakrzewski made a motion to recommend this carried. BILL NO. 65 -94 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 9 OF CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED MOBILITY HANDICAPPED PARKING, ESTABLISHING A PROCESS BY WHICH DISABLED PERSONS MAY PETITION THE BOARD OF PUBLIC WORKS FOR A RESERVED SPACE PARKING PERMIT AUTHORIZING DISABLED PERSONS TO PARK ADJACENT TO OR DIRECTLY ACROSS THE STREET FROM THEIR PLACE OF EMPLOYMENT. 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 Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. John Broden, Deputy City Attorney, made the presentation for the bill. He indicated this bill would grant physically disabled persons the use of a parking space adjacent or directly across the street from the place of business. He indicated this bill was brought about because parking for the physically disabled is currently only allowed for two hours. He indicated the bill should be amended in Section 20 -113.1 by adding "or mental" after the word physical in the first sentence; and add a new sub - section 3 to Sec. 20 -113.2 to read "Notify the Board of any change in the permit holder's status a physically disabled person within five (5) days of such a change in status." Council Member Luecke made a motion to accept the amendments, seconded by Council Member Zakrzewski. The motion carried. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Washington. The motion carried. BILL NO. 66 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE PARK MAINTENANCE 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 Washington reported that the Parks and Recreation Committee had met on this bill and recommended it to the Council favorable. Ron O'Connor, Fiscal Officer, made the presentation for the bill. He indicated this transfer would reimburse the Park maintenance budget, since there was an error in appropriating funds into the golf division earlier this year. He indicated this transfer would correct that error. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 67 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING SIXTY THOUSAND DOLLARS ($60,000) FROM THE PARK MAINTENANCE 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 Washington reported that the Parks and Recreation Committee had met on this bill and recommended it to the Council favorable. Ron O'Connor, Fiscal Officer, made the presentation for the bill. He indicated this bill was the second of the two necessary to correct error made the in Park golf division budget. He indicated this appropriation would be used to purchase equipment and used golf carts. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 68 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING ONE MILLION THIRTEEN THOUSAND DOLLARS ($1,013,000) FROM THE GENERAL 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 and Finance Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Washington. The motion carried. Tom Scarbek, City Auditor, made the presentation for the bill. He indicated this bill appropriated monies for items that have been in discussion for some time, such as, base radios for Engineering and Street Department, repeaters for the Police Department, dam and Island Park repairs, Water Works vehicles, etc. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Slavinskas. 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: City Clerk REGULAR MEETING RECONVENED ATTEST: �ha mri an Be it remembered that the Common Council of tkl4 City of South Bend reconvened in the Council Chamber on the fourth floor of the County -City Building at 7:43 p.m., with Council President Puzzello presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8516 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 802 -810 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA. 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 nine ayes. ORDINANCE NO. 8517 -94 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: WABASH ST. FROM THE NORTH RIGHT OF WAY LINE OF W. CALVERT ST. TO THE SOUTH RIGHT OF WAY LINE OF W. DUBAIL AVENUE, FOR A DISTANCE OF APPROXIMATELY 600 FEET AND A WIDTH OF APPROXIMATELY 30 FEET. PART SITUATED IN OLIVE PLACE ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8518 -94 AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 9 OF CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED MOBILITY HANDICAPPED PARKING, ESTABLISHING A PROCESS BY WHICH DISABLED PERSONS MAY PETITION THE BOARD OF PUBLIC WORKS FOR A RESERVED SPACE PARKING PERMIT AUTHORIZING DISABLED PERSONS TO PARK ADJACENT TO OR DIRECTLY ACROSS THE STREET FROM THEIR PLACE OF EMPLOYMENT. 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 this bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8519 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE PARK MAINTENANCE FUND. This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8520 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING SIXTY THOUSAND DOLLARS ($60,000) FROM THE PARK MAINTENANCE FUND. 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 nine ayes. ORDINANCE NO. 8521 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING ONE MILLION THIRTEEN THOUSAND DOLLARS ($1,013,000) FROM THE GENERAL FUND. 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 this bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2155 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 4, TOLL ROAD INDUSTRIAL PARK TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (3) YEAR REAL PROPERTY TAX ABATEMENT FOR RICK AND VICKIE D. NEWMAN. 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 Lot 4, Toll Road Industrial Park, and which is particularly described as follows: That part of the northeast quarter of Section 21, 38 N., R. 2 E, German Township, City of South Bend, St. Joseph County, Indiana which is described as: beginning at a point on the East line of said section which is N 99 degrees 59' 42" W., 315.78 ft. from a stone marking the East Quarter post of said section; thence S 88 degrees 53' 01" W., 347.61 ft. to the East line of William Richardson Court; thence along said east line N 00 degrees 59' 02" W, 4.91 ft.; thence around a 60.00 ft. radius curve to the left an arc distance of 52.86 ft., to the end of a chord which bears N 26 degrees 13' 24" W and having a distance of 51.17 ft.; thence around a 50.00 £t. radius curve to the right an arc distance of 44.05 ft. to the end of a chord which bears N. 26 degrees 13' 24" W. and having a distance of 42.64 ft.; thence N 00 degrees 59' 02 " W., 255.14 ft.; thence N 88 degrees 53' 01" E., 388.45 ft. to the East line of said section; thence along said East line S 00 degrees 50' 42" E., 345.00 ft. to the point of beginning. Containing 3.0283 acres. with said real estate having the following Key No. 25- 1013 -0216 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. Rick Newman, petitioner, made the presentation. He indicated Crystal Mountain processed drinking, distilled and flavored water. He indicated they planned to construct a warehouse /production facility in the Toll Road Industrial Park. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2156 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5307 WESTERN AVE. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR RGF, 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 5307 Western, and which is particularly described as follows: A tract of land located in the Southwest Quarter of the Northeast Quarter of Section 8, Township 37 North, Range 2 East, in the City of South Bend, more particularly described as follows: Beginning on the East line of Mayflower Road at a point 195.19 feet on an assumed bearing of North 0 degrees 9115" East, and 40 feet South 89 degrees 50'45" East of the Southwest corner of said Northeast quarter of Section 8; thence North 0 degrees 9'15" East along said East line of Mayflower Road, 115 feet; thence South 89 degrees 50'45" East, 243.1 feet; thence South 0 degrees 9115" West 192.05 feet to the North line of Western Avenue; thence North 89 degrees 21145" West, 150 feet; thence North 50 degrees 41115" West, 120.04 feet to the place of beginning. with said real estate having the following Key No. 18- 4129- 504307 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 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. Rick Ferrara, petitioner, made the presentation. He indicated they intended to build an addition which will house three additional service bays and and relocate the car wash to the front of the service station. Gene Oakly, 2614 York Rd., indicated prospective tax abatement applicants should show their net worth. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2157 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 TUCKER TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE OF INDIANA, INC., STEEL WAREHOUSE CO., INC., ALLAN LERMAN, FRANCES LERMAN, NATHAN LERMAN AND A & F REALTY. 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 2722 Tucker, South Bend IN, and which is particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana.. A part of the South 1/2 of the North west 1/4 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said point being 172.0 feet North of the North right of way line of the Indiana Northern Railway Company; thence Westerly parallel with said North right -of -way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. by a deed recorded October 16, 1973 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, Inc. tract, said line being parallel with the East line of said Southwest 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 495.90 feet to the North right -of -way line of the Indiana Northern Railway Company; thence Easterly along said North right -of -way line, 860.23 feet to the West edge of Steel Warehouse Co., Inc.'s building; thence North along said West edge of building 172.0 feet; thence Westerly parallel with the North right -of -way line of the Indiana Northern Railroad Company, 79.3 feet to the point of be containing 5.0 acres, more or less. A part of the Southwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest quarter of the Northwest Quarter, 324.5 feet to a point 172 feet North of the North line of the right -of -way of the Indiana Northern Railway Company; thence East parallel with the East line of said Southwest Quarter of the Northwest Quarter 320.75 feet to the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section fifteen (15), Township thirty seven (37) north, range two (2) east, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the northwest quarter (1/4) of said Section Fifteen (15); thence South along the norther and south center line of said quarter section two hundred twenty (220) feet to the north line of Tucker Drive; thence West along said north line of the west line of said Section Fifteen (15); thence north along said west line one hundred twenty -eight and one tenth (128.1) feet, more or less, to a line two hundred fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to the two hundred fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right -of -way, seven hundred twenty -seven and one hundredths (727.01) feet, more or less, to a point on the east line of the southwest quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence southerly along said East line one hundred ninety -nine and eighty -six hundredths (199.86) feet, more or less, to the south line of the northwest quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence east along said south line six hundred sixty -three and fifty -two hundredths (663.52) feet, more or less, to the place of beginning excepting thirty (30) feet off the east side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest Quarter of Section 15, Township 37 North Range 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, to -wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately south of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15) Township Thirty -seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the southeast quarter (1/4) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South 492.9 to the North line of the right -of -way of the Indiana Northern Railroad; thence East along the said North line of the right -of -way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. Together with a right -of -way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township No. 37 North, Range No. 2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub - division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: The original right -of -way across, the Northwest corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894, and recorded in Deed Record 95 page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right -of -way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less, to a point distant 250 feet by rectangular measurement from the original center line of said right -of -way; thence Northeasterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right -of -way a distance of 733.3 feet, more or less, to a point on the East line of said Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the Northeast corner of said Lot No. 16; thence West along the North line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection with the said Easterly line of said original right -of -way; thence South Westerly with said Easterly line a distance of 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said Lot No. 16 which lies South of the North line of the right -of -way of the St. Joseph, South Bend and Southern Railroad Company, excepting fourth a strip of land 70 feet wide North and South lying next north of and adjoining the right -of -way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right - of -way of the New York Central Railroad Company. All of that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right -of -way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance o 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North of the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty -seven (37) North, Range two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the North and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along the north line to the West line of said Section Fifteen (15); thence North along said west line One Hundred Twenty -eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from and parallel to the original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to and Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original Centerline of the New York Central Railroad right -of -way, Seven Hundred Twenty -seven and one - Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty -three and Fifty -two Hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof of purposes of a public highway. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the North line of the right -of -way of the Indiana Northern Railway Company; thence East parallel with said North line of said right -of -way, 540 feet; thence north parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. with said real estate having the following Key Nos. 18 075 284406, 18 075 2842, 18 075 288403, 18 075 284404, 18 075 284502, 18 075 284503, 18 075 18501 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 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. Ernest Szarwark, attorney, made the presentation. He indicated the petitioner planned to construct a 20,000 square foot addition to add manufacturing and warehouse space. Joyce Boaler, 1606 Hillsdale, questioned about hearing this resolution two weeks ago. It was explained that there are two resolution for each tax abatement, and there was a thorough investigation procedure for each tax abatement. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2158 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 TUCKER DR. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE OF INDIANA, 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 2722 Tucker Dr., South Bend IN, and which is particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana. A part of the South 1/2 of the North west 1/4 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said point being 172.0 feet North of the North right of way line of the Indiana Northern Railway Company; thence Westerly parallel with said North right -of -way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. by a deed recorded October 16, 1973 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, Inc. tract, said line being parallel with the East line of said Southwest 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 495.90 feet to the North right -of -way line of the Indiana Northern Railway Company; thence Easterly along said North right -of -way line, 860.23 feet to the West edge of Steel Warehouse Co., Inc.'s building; thence North along said West edge of building 172.0 feet; thence Westerly parallel with the North right -of -way line of the Indiana Northern Railroad Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the Southwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest quarter of the Northwest Quarter, 324.5 feet to a point 172 feet North of the North line of the right -of -way of the Indiana Northern Railway Company; thence East parallel with the East line of said Southwest Quarter of the Northwest Quarter 320.75 feet to the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section fifteen (15), Township thirty seven (37) north, range two (2) east, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the northwest quarter (1/4) of said Section Fifteen (15); thence South along the norther and south center line of said quarter section two hundred twenty (220) feet to the north line of Tucker Drive; thence West along said north line of the west line of said Section Fifteen (15); thence north along said west line one hundred twenty -eight and one tenth (128.1) feet, more or less, to a line two hundred fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to the two hundred fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right -of -way, seven hundred twenty -seven and one hundredths (727.01) feet, more or less, to a point on the east line of the southwest quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence southerly along said East line one hundred ninety -nine and eighty -six hundredths (199.86) feet, more or less, to the south line of the northwest quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence east along said south line six hundred sixty -three and fifty -two hundredths (663.52) feet, more or less, to the place of beginning excepting thirty (30) feet off the east side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest Quarter of Section 15, Township 37 North Range 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, to -wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately south of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15) Township Thirty -seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the southeast quarter (1/4) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South 492.9 to the North line of the right -of -way of the Indiana Northern Railroad; thence East along the said North line of the right -of -way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. Together with a right -of -way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township No. 37 North, Range No. 2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub - division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: The original right -of -way across, the Northwest corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894, and recorded in Deed Record 95 page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right -of -way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less, to a point distant 250 feet by rectangular measurement from the original center line of said right -of -way; thence Northeasterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right -of -way a distance of 733.3 feet, more or less, to a point on the East line of said Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the Northeast corner of said Lot No. 16; thence West along the North line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection with the said Easterly line of said original right -of -way; thence South Westerly with said Easterly line a distance of 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said Lot No. 16 which lies South of the North line of the right -of" -way of the St. Joseph, South Bend and Southern Railroad Company, excepting fourth a strip of land 70 feet wide North and South lying next north of and adjoining the right -of -way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right - of -way of the New York Central Railroad Company. All of that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right -of -way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance o 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North of the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty -seven (37) North, Range two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the North and South center line of said Quarter 'Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along the north line to the West line of said Section Fifteen (15); thence North along said west line One Hundred Twenty -eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from and parallel to the original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to and Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original Centerline of the New York Central Railroad right -of -way, Seven Hundred Twenty -seven and one - Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty -three and Fifty -two Hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof of purposes of a public highway. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the North line of the right -of -way of the Indiana Northern Railway Company; thence East parallel with said North line of said right -of -way, 540 feet; thence north parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. with said real estate having the following Key Nos. 18 075 284406, 18 075 2843, 18 075 288403, 18 075 284404, 18 075 284502, 18 075 284503, 18 075 18501 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 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. Ernest Szarwark, attorney, made the presentation. He indicated the petitioner planned to to purchase equipment to process steel coils, as well as new tractor trailers. Gene Oakly, 2614 York Rd., asked if this company had received an abatement about six months ago. Mr. Szarwark explained that they had received one about one year ago, and they were continuing to expand their operation. 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. BILLS, FIRST READING BILL NO. 69 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF JEFFERSON BOULEVARD RUNNING EAST FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH MAIN STREET TO THE FIRST INTERSECTING NORTH - SOUTH ALLEY EAST OF MAIN STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET; LOCATED BETWEEN LOTS 292 AND 291 IN THE ORIGINAL PLAT OF TOWN, NOW CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing on July 26, 1994, seconded by Council Member Duda. The motion carried. BILL NO. 70 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING" BY PROVIDING FOR RECYCLING DROP OFF CENTERS. This bill had first reading. Council Member Duda made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 71 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 410 SOUTH ST. IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Duda made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 72 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1359 PYLE AVENUE IN THE CITY OF SOUTH BEND, INDIANA 46615. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 73 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IRELAND ROAD, APPROXIMATELY 866.63 FEET WEST OF IRONWOOD ROAD, ALL BEING WITHIN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Duda made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 74 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE NORTH SIDE OF NEW CLEVELAND ROAD, EAST OF MAYFLOWER ROAD, ALL BEING IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 75 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING CERTAIN DORMANT FUNDS AND TRANSFERRING THE BALANCES THEREIN TO THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and second reading on July 25, seconded by Council Member Duda. The motion carried. BILL NO. 76 -84 A BILL FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR THE CALENDAR YEARS 1995, 1996, AND 1997. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance and Health and Public Safety committees and set it for public hearing and second reading on July 25, seconded by Council Member Washington. The motion carried. BILL NO. 77 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2 -151 OF THE SOUTH BEND MUNICIPAL CODE TO DESIGNATE ADDITIONAL AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC DEVELOPMENT TARGET AREA, AND AMENDING SECTION 2 -76.1 TO ADD ADDITIONAL AREAS TO THE TAX ABATEMENT IMPACT AREA (TAIA). This bill had first reading. Council Member Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and second reading on July 25, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill No. 51 -94 and Bill 58 -94 for public hearing and third reading on July 25, and refer it to the Zoning and Vacation Committee, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Joyce Boaler, 1606 Hillsdale, spoke regarding the failure to receive financing for the Hall of Fame. Jim Cierzniak, 1156 E. Victoria, spoke regarding the lack of financing for the Hall of Fame. Council Member Ladewski announced that Ernest Dickson, who regularly attended 07 Council meetings, had recently passed away. There being no further business to come before the Council unfinished or new, Council Member Zakrzewski made a motion to adjourn, seconded by Council Member Coleman. The motion carried. The meeting was adjourned at 8:20 p.m. ATTEST: ATTEST: (emu-„✓ City Clerk nt