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HomeMy WebLinkAbout08-08-94 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, August 8, 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 July 25 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 July 25, 1994, meeting be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS APPEAL FROM A DETERMINATION OF HISTORIC PRESERVATION BY DENNIS LASKOWSKI, 615/617 RIVERSIDE. Kathleen Cekanski - Farrand announced that she is a part -time attorney for St. Joseph County, and as such Anthony Zappia, County Attorney, is her supervisor. She indicated she did not feel that representing the Council on this issue was a conflict of interest. Council Member Kelly made a motion that she represent the Council in this matter, seconded by Council Member Zakrzewski. The motion carried. Council President Puzzello announced that the following documents: Guidelines for the Hearing, adopted by the Zoning and Annexation Committee Packet of materials from Dennis Laskowski Evidentiary and Administrative records of the South Bend Historic Preservation Commission Position Statement of Historic Preservation Evidentiary and Administrative Records of the South Bend Historic Preservation Commission Addendum to Packet Materials Evidentiary and Administrative Records of the South Bend Historic Preservation Commission Appeal from a Determination of Historic Preservation are on file with the City Clerk's office and admitted as evidence for this proceeding. She noted that the Zoning and Annexation Committee had met this afternoon and adopted procedures which would govern this appeal. The two -page guidelines were provided to all Council, the Clerk and the parties subject to the appeal, and made a part of the record. She announced there would be a time limit, 20 minutes for the petitioner, 20 minutes for Historic Preservation, and a five minute rebuttal for the petitioner. She noted that the issues for review were: 1. Whether the petitioner was required to apply for a Certificate of Appropriateness in light of the Historic Preservation Commission Staff letter of April 22, 1993. 2. Denial by the Historic Preservation Commission at their meeting of July 8, 1994, of the following items: a. Installation of vinyl soffit running in a perpendicular direction of the walls (C of A application #1993- 07 -27 -1) b. Wrapping of second story window trim and aluminum (case #1994- 06 -23 -2) C. Installation of vinyl bead board on front porch ceiling (case #1994 -06- 23 -2) d. Installation of wood railing and wood hand rails on front porch (case #1994- 06 -23 -2) The following were sworn in as witnesses: John Oxian, Kathy Hostetler, David Duvall, John Troyer, and Dennis Laskowski. Anthony Zappia, attorney, said he had been retained to represent Dennis Laskowski in this matter. He indicated Mr. Laskowski purchased this the duplex at 615 -617 Riverside Drive, for $25,000 in 1989, since the purchase he has spent an additional $24,000 in renovations. He indicated he has good deal of the work himself during the summer months, since he is a school teacher. He indicated that the Historic Preservation Commission denied a Certificate of Appropriateness (CO) for improvements ,to his property. He indicated that in April of 1993 he was advised there were no standards in place and a COA was not required, and in a letter dated April 22, Mr. Holycross indicated he hoped he could persuade Mr. Laskowski to apply for a COA even though official standards were not in place. He indicated that in May of 1993 a building permits was issued, which was voided in June of 1993. He indicated the HPC had denied the following items: 1. The installation of vinyl soffit running perpendicular to the walls. He indicated the HPC had approved the use of vinyl. However, the issue is whether or not it should run sideways or perpendicular. He indicated that the HPC said there was no one in the neighborhood who had the soffits running sideways, but Mr. Laskowski's neighbors to the north and south have the vinyl installed in this manner. 2. Wrapping of second story window trim with aluminum. He indicated only the windows on the upper story will be wrapped, the lower windows should not be wrapped, however, HPC has indicated there is no difference in the upper and lower windows. 3. Installation of vinyl bead board on front porch ceiling. He indicated HPC director David Duvall had inspected this ceiling and said there was no significant damage to the ceiling. He indicated that Mr. Laskowski had called a pest control company and they discovered there is extensive damage from water and insects to the ceiling of the porch. 4. Installation of wood railing and wood hand rails on front porch. He indicated the rock face block was removed as a result of Mr. Laskowski's niece getting her leg caught in the front porch railing while visiting and it was necessary to remove the block to free the leg. He removed the rest of the block to prevent further incidents. He indicated Mr. Laskowski has tried to find the rock fact block, and has been told it is no longer made and is not available. Aladeen DeRose, attorney for the Historic Preservation Commission, indicated that when a district is created the Commission does not exempt residents from a COA. She indicated that Mr. Laskowski relied on a letter from Fred Holycross which was written in April of 1993, however, when standards are required to have a COA. She indicated that regarding the soffits, when the renovation is done, it is required to follow the architectural features of the time when the home was built. She indicated that homes that were renovated before the area was declared an historic district are not a part of this issue. She indicated that in regard to the porch ceiling, original material was required, and Mr. Duvall had inspected it and repair was possible. She indicated that in regard to the windows, they have a distinct historic feature that would be lost if they were wrapped. She indicated that in regard to wood railing to replace rock face, Mr. Laskowski destroyed historically protected building material, and this should be replaced with a replica. She indicated Mr. Laskowski did not even attempt to replace with the nearest material. John Oxian, President of the Historic Preservation Commission, indicated that in regard to Mr. Holycross telling Mr. Laskowski that a COA was not required because standards were not in place, the director of Historic Preservation does not make the final decision on matters, the Commission makes the final decision. Anthony Zappia, indicated that on July 27, 1993 Mr. Laskowski had applied for three COAs. He indicated that both of Mr. Laskowski's neighbors to the north and south had vinyl soffit running perpendicular. He indicated that Mr. Laskowski will put in three times the amount he paid for the house before it is finished. Mr. Laskowski showed samples of the window frames and indicated the first floor windows should not be wrapped. He indicated as far as the rock face block is concerned, he tore it down to prevent further injury to anyone. Council Member Luecke indicated he felt it was appropriate for the HPC to require COAs as soon as a district was formed, and' once a district is formed minimum standards are in place until such a time as the district can complete its own standards. He indicated it appears Mr. Laskowski was misinformed by Mr. Holycross and he did know who else some one would go to besides the director of the HP -C for advice on what procedures to follow. He indicated the mistake was compounded by the issuance of a building permit, and he believed Mr. Laskowski was acting in good faith. He indicated the rock fact block cannot be replicated that the petitioner's proposal for a wood railing was appropriate for the age of the house; in terms of the vinyl porch ceiling he felt the vinyl does replicate the look of wood; on wrapping the upper window, he did not feel that 1" by 6" was particularly significant architecturally; in regard to the soffit material, he indicated he felt HPC is correct in that this material should be run lengthwise. Council Member Zakrzewski asked Ms. DeRose when Mr. Laskowski was told he needed a COA, and she indicated it was June 3, 1993. He asked the Council attorney, Kathleen Cekanski - Farrand how she interpreted the Code Book, as far as a COA and a building permit. She indicated it would be very difficult for a lay person to understand, since the procedure is different than how it is worded in the Code Book, and the Code does not speel out the procedure between the Building Department and HPC. Council member Zakrzewski indicted that if the Council found that the petitioner was not required to apply for a COA due to HPC's letter dated april 22, then the other three item were not an issue. Council Member Zakrzewski indicated he felt that Mr. Laskowski relied on the Director of the Historic Preservation Commission, Mr. Holycross, and he did not feel him he needed a COA. Council Member Ladewski indicated that between April 27 and May 12, a building permit was issued and Mr. Laskowski contracted to have work done, then on June 8, the building permit was revoked. He indicated the Director of the HP -C should have some authority, and if he isn't going to have that authority there should REGULAR MEETING AUGUST 8, 1995 there should be a disclaimer on all of his letters indicating that he is not the final authority on any decisions. Council Member Washington indicated the action taken by the Commission is both arbitrary and capricious, when you take into consideration the steps required by the HPC. He indicated when you look at the record it is clear a COA was not originally required. He indicated the Code Book reads that an application for a building permit shall also be deemed an application for a COA; and the good faith of Mr. Laskowski has to be assumed since he relied on the information given to him by the Director. Council Member Slavinskas indicated the HPC has given up some of its authority when they let a new historic district play a part in setting up the standards, and the standards in this district were not set until November 1993. He asked if at anytime the members of the HPC ever voted at a regular scheduled meeting that the minimum standards were applicable to the River Bend Historic District until the District formed its own standards. Aladeen DeRose indicated she could not give a yes or no answer, but the minute a District is created standards must be applied and COA must be required. She indicated that standards have to be in place when a District is created. Council Member Slavinskas indicated that in this particular case he did not feel HPC took official action setting the standards. Kathleen Cekanski - Farrand indicated the preponderance of the evidence is the standard the Council should consider. Council President Puzzello indicated there were two issues for review and two issues only, and the first issue is whether the petitioner is required to apply for a COA in light of HPC's staff letter of April 22, 1993. Council Member Luecke indicated he did not feel the staff letter had anything to do with the COA. He indicated that HPC was correct in requiring COAs for this project and for any project in a local district immediately after designation. He indicated he felt the HPC letter did impact item two. He made a motion to uphold the decision of the HPC to require COAs for this project. The motion failed for lack of a second. Council Member Slavinskas made a motion that the petitioner was not required to apply for a COA in light of the HPC staff letter dated April 22, 1993, seconded by Council Member Washington. The motion carried on a roll call vote of seven ayes and two nays (Council Members Luecke and Duda.) REPORTS OF CITY OFFICES Don Inks, Director of Business Assistance, spoke regarding Community and Economic Development's Micro Loan Program. He indicated they have made twenty loans to sixteen companies. He indicated the State program has very few regulations, and interest free loans. He indicated the maximum loan limit is $25,000. Council Member Slavinskas made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. 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 August 8, at 9:20 p.m., with nine members present. Council Member Kelly presiding. BILL NO. 59 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1919 S. CARLISLE STREET, IN THE CITY OF SOUTH BEND, INDIANA. Council Member Slavinskas made a motion to strike this bill, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 63 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 215 E. IRELAND RD., 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 Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Senior Planner Area Plan, gave the Commission report, which was favorable. He indicated the petitioners were planning to use an existing office building for vacuum cleaner distribution, sales training center, office and commercial rental space. Stuart Linder, 61667 Locust Rd., made the presentation for the bill. He indicated they were requesting this rezoning to allow for a change in the site plan. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. 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. REGULAR MEETING AUGUST 8, 1995 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas reported that the zoning and vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Senior Planner Area Plan, made the presentation for the bill. He indicated this bill was initiated by Area Plan, in .order to add recycling drop off centers and recycling processing centers to the zoning ordinance. He indicated drop off center will be defined as a facility for (household recyclable, not oils, fuels, or hazardous materials; a processing center will be defined as a building or enclosed space for the collection, processing, and storage of recyclable materials. He indicated there would also be permitted uses to certain facilities, such as churches, schools, community centers and large apartment complexes. Paul Troast, director of the Solid Waste Management District, spoke in favor of the bill. Council Member Coleman asked how a permit would be obtain and who was going to set standards. After Council discussion, it was felt the bill should be continued until a control REGULAR MEETING AUGUST 8, 1994 policy was established. Mr. Byorni asked that the bill be continued. Council Member Coleman made a motion to continue the bill until September 12, 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Senior Planner Area Plan, made the presentation for the bill. He indicated this bill was initiated by Area Plan, to zone from "A" residential to "O" office to establish proper zoning for properties recently annexed into the City. He indicated the properties contained a dentist's office, a single family home, a residence with a one chair barber shop, and a City -owned access drive. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Senior Planner Area Plan, made the presentation for the bill. He indicated this bill was initiated by Area Plan, to zone from "A" residential to "D" light industrial and BP "Business Park" to establish proper zoning for properties recently annexed into the City of South Bend. He indicated that all of the property is currently vacant. He indicated the total site to be rezoned is 130.7 acres, and approximately 64 acres will be zoned "D" light Industrial and 66.7 acres will be zoned BP Business Park. Mary Ann Gimson, 23040 Acacia Place, read a statement regarding their neighborhood and this proposed zoning. She indicated some businesses in industrial parks have messy operations. She indicated they would like to have a 200 foot buffer. Phil Barkley, 50690 Portage Rd., asked about the required screening. John Byorni indicated that the ordinance passed on business parks required screening and a 100 foot buffer from residential property. He indicated there was already a buffer of trees on the property, which would probably be retained. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas. The motion carried. 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. Council Member Coleman made a motion to continue this bill until August 22, at the request of the petitioner, seconded by Council Member Duda. The motion carried. BILL NO. 79 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY. 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, as amended. Randy Nowicki, an employee of the Park Department, made the presentation for the bill. He indicated this bill would approve the purchase of one of the lots adjacent to Elbel golf course to William J. Krizman. Council Member Coleman made a motion to amend this bill in Section I, after the word purpose, by changing the period to a comma and adding "more specifically for the building of a golf cart maintenance building. ", seconded by Council Member Washington. 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. 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: Chairman 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 10:18 p.m., REGULAR MEETING AUGUST 8, 1994 with Council President Puzzello presiding, and nine members present. BILLS. THIRD READING ORDINANCE NO. 8527 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 215 E. IRELAND RD., 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 on a roll call vote of nine ayes. ORDINANCE NO. 8528 -94 AN ORDINANCE 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 third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 8529 -94 AN ORDINANCE 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 third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 8530 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY. 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 Sean made a motion to pass this bill, seconded by Council Member Washington. The bill passed on a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2161 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1924 EAST EDISON ROAD, SOUTH BEND, INDIANA, 46617. WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4; WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5 -14- 1.5-5, requesting that a special exception be granted for the property located at: 1924 E. Edison, South Bend IN 46617 in order to permit parking in the rear of 1924 East Edison Road, South Bend, Indiana, 46617, for the expansion of parking facilities for the dental office of Dr. Paul Sergio located at 1918 E. Edison Road, South Bend, Indiana, 46617. pursuant to Section 21 -112 (a) (6). Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; REGULAR MEETING AUGUST 8 -- - - -__- -- - - -- 1994 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Anthony Zappia, attorney, made the presentation. He indicated Dr. Sergio operated a dental practice at 1918 Edison Road, and he has eight employees. He indicated there was a need for additional parking, and they were requesting a special exception to allow for parking in A Residential to the rear of 1924 E. Edison. 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. Council Member Washington made a motion to combine public hearing on the next two resolutions, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2162 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4075 RALPH JONES DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR THE PURPOSE OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR JAMES AND LINDA TESKE. 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 4075 Ralph Jones Drive South Bend IN, and which is particularly described as follows: Lot numbered five (5) as shown on the recorded Plat of Toll Road Industrial Park, Section Three, recorded June 5, 1987 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 8717304. with said real estate having the following Key No. 4- 1013 -0223 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 REGULAR MEETING AUGUST 8, 1994 RESOLUTION NO. 2163 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4075 RALPH JONES DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR THE PURPOSE OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR JAMES AND LINDA TESKE. 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 4075 Ralph Jones Drive, South Bend IN, and which is particularly described as follows: Lot numbered five (5) as shown on the recorded Plat of Toll Road Industrial Park, Section Three, recorded June 5, 1987 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 8717304. with said real estate having the following Key No. 4- 1013 -0223 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 resolutions at this time. George Herendeen, attorney, made the presentation. He indicated the petitioners have been in business, as Apollo Machine, Inc., for over nine years, and they proposed to build a new facility in the Toll Road Industrial Park. Council Member Coleman made a motion to adopt Resolution No. 2062 -94, seconded by Council Member Zakrzewski. The resolution passed by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 2063 -94, seconded by Council Member Coleman. The resolution passed by a roll call vote of nine ayes. RESOLUTION NO. 2164 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE SOUTH BEND HOUSING AUTHORITY TO SUBMIT AN APPLICANT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR SECTION 8 CERTIFICATES AND VOUCHERS. WHEREAS, the South Bend Housing is the applicant for a grant from the Untied States Department of Housing and Urban Development; and WHEREAS, the receipt of Section 8 Existing Certificates and Vouchers will enable the South Bend Housing Authority to provide housing assistance to eligible families; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I: The Common Council hereby establishes the authority of the South Bend Housing and Urban Development for funding for Section 8 Existing Certificates and Vouchers to be used to house eligible families. SECTION II: This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council REGULAR MEETING AUGUST 8, 1994 A public hearing was held on the resolution at this time. Sherrie Sims, from the Housing Authority, made the presentation for the resolution. She indicated they were applying for additional Section 8 Rental Vouchers and Certificates. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The motion carried. BILLS, FIRST READING BILL NO. 80 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH - SOUTH ALLEY EAST OF S. SUNNYSIDE AVENUE FROM THE NORTH RIGHT -OF -WAY LINE OF E. BELMONT AVENUE TO THE SOUTH RIGHT -OF -WAY LINE OF E. SOUTH STREET FOR A DISTANCE OF APPROXIMATELY 222.5 FEET AND A WIDTH OF 14 FEET. PART SITUATED IN WHITCOMB AND KELLER'S SUNNYMEDE THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on August 22, and refer it to the Public Works and Property Vacation Committee, seconded by Council Member Duda. The motion carried. BILL NO. 81 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1809 AND 1815 EAST IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill No. 78 -94 for public hearing and third reading on August 22, and refer it to the Zoning and Vacation Committee, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke regarding the College Hall of Fame and the NFF. Gene Oakly, 2614 York Road, spoke regarding the closing of Calvert St. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Ladewski. The motion carried and the meeting was adjourned at 10:43 p.m. ATTEST: City Clerk ATTEST: esi nt '211