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HomeMy WebLinkAbout09-26-94 Council Meeting Minutes224 REGULAR MEETING SEPTEMBER 26, 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, September 26, 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 September 12, meeting of the Council and found them correct. Therefore, we recommend the same be approved. Is/ Ann Puzzello Is/ Eugene Ladewski Council Member Coleman made a motion that the minutes of the September 12, 1994, meeting be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2171 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING OCTOBER 9TH THROUGH OCTOBER 15TH, 1994, AS "FIRE PREVENTION WEEK" IN SOUTH BEND, INDIANA. WHEREAS, the Common Council of the City of South Bend, Indiana notes that in 1922 President Warren Harding proclaimed a week in October as the first "National Fire Prevention Week ", and WHEREAS, week of October 9th was the time of the "Great Chicago Fire" which occurred in 1871 which was one of the most devastating fires in our Country's history; and WHEREAS, the "Great Chicago Fire" killed over 250 people and destroyed over 17,000 buildings within the City of Chicago; and WHEREAS, this years message for "Fire Prevention Week" is "Test Your Detector for Life ". NOW, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, hereby declares the week of October 9th through October 15 1994, as "Fire Prevention Week" in South Bend, Indiana. Section II. The Common Council notes that the South Bend Fire Department will kick -off the "Fire Prevention Week" by hosting a open house on Sunday, October 9th, 1994 from 2:00 p.m. to 4:00 p.m. at Station One Located at 701 West Sample. Section III. The South Bend Fire Department will have on display fire trucks, equipment, educational videos, midi one and a talking pumper. Section IV. The South Bend Common Council salutes our dedicated and hardworking firefighters of the South Bend Fire Department and urges all residents of the City of South Bend to participate in "Test Your Detector for Life" as part of the "Fire Prevention Week" celebration and to come to the Open House on October 9th. 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. Stephen Luecke, 1st District Cleo Washington, 2nd District Roland Kelly, 3rd District Ann Puzzello, 4th District Linas Slavinskas, 5th District Thomas Zakrzewski, 6th District Sean Coleman, At Large Loretta Duda, At Large Eugene Ladewski, At Large Approved by me, Joseph E. Kernan, the Mayor of the City of South Bend, Indiana, REGULAR MEETING SEPTEMBER 26 1994 Approved by me, Joseph E. Kernan, the Mayor of the City of South Bend, Indiana, United States of America, this 26th day of September 1994. Irene Gammon, City Clerk Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Ladewski read the resolution, and presented it to Chief Taylor who expressed his appreciation for the resolution. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. CITY REPORTS Chief Marciniak gave a report on the Police Department. He indicated that through Federal funding they were able to hire ten new officers. He discussed drug enforcement and education; the D.A.R.E Program; Neighborhood Directed Programs; and Crime Prevention Program activities. Council Member Zakrzewski 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 September 26, at 7:32 p.m., with eight members present. Council Member Kelly presiding. 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 Luecke reported that the Public Works and Property Vacation Committee had met on this bill and it received an unfavorable recommendation. Council Member Luecke made a motion to continue this bill indefinitely, due to the lack of a presenter, seconded by Council Member Puzzello. 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 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. He made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Duda. The motion carried. John Byorni, Senior Planner - Area Plan, made the presentation for the bill. He indicated that Area Plan had prepared this bill and there was concern regarding centers in residential areas since small schools and churches, which have small lots, can establish a center. He indicated the Council had referred the original bill back to Area Plan, and the substitute bill would still allow for a center only where there are at least twenty parking spaces, and this amount could not be reduced by the center. Ed Tally, Riverside Drive, spoke in favor of this bill, but indicated he was concerned that curbside recycling was moving further into the distance. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, 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 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. John Byorni, Area Plan, gave the Commission report, which was favorable. Richard Morgan, attorney, made the presentation for the bill. He indicated this site is currently occupied by an insurance office and a physician's office. He indicated Memorial Hospital was planning to construct a new facility for Ireland Road Family Physicians at 1809 Ireland, and the insurance agency would remain at 1815 E. Ireland. Dean Bergerman, Mathews, Purucker, Anella, Architects, described the proposed site plan. Council Member Ladewski indicated he was employed by Memorial, however, he felt he had no conflict of interest in voting for his rezoning. Kathleen Cekanski- Farrand, Council attorney, indicated there was no conflict of interest. He made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 82 -94 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE REGULAR MEETING 26, 1995 PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1995. BILL NO. 83 -94 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1995, AND ENDING DECEMBER 31, 1995, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. BILL NO. 84 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1995, AND ENDING DECEMBER 31, 1995, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. BILL NO. 85 -94 A BILL MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 8396 -93 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEARS 1994 AND 1995. This bill was continued in the Council portion from the September 12, meeting Council Member Coleman reported that the Personnel and Finance Committee had met on these bills and made the following recommendations - Bill No. 82 -94 is recommended favorable; Bill No. 83, 84 and 85 -94 are recommended favorable, as amended. Jeff Rinard, Financial Director, asked that Bill No. 83 -94 be amended by accepting the documents. Council Member Zakrzewski made a motion to accept the amendments filed in the City Clerk's office, seconded by Council Member Coleman. The motion carried. Mayor Kernan asked that Bill No. 85 -94 be amended by substitution of a new bill, and this bill be further amended so the Fire Chief will received $46,400 in 1995 and $48,300 in 1996. Council Member Zakrzewski made a motion to accept the amendment, seconded by Council Member Ladewski. The motion carried. Council Member Coleman made a motion to accept the substitute bill with additional amendments, seconded by Council Member Washington. The motion carried. Council Member Puzzello made a motion to recommend Bill No. 82 -94 to the Council favorable, seconded by Council Member Ladewski. The motion carried. Council Member Puzzello made a motion to recommend Bill No 83 -94 to the Council favorable, as amended, seconded by Council Member Washington. The motion carried. Council Member Coleman made a motion to recommend Bill No. 84 -94 to the Council favorable, as amended, seconded by Council Member Ladewski. The motion carried. Council Member Zakrzewski made a motion to recommend Bill No. 85 -94 to the Council favorable, as amended, seconded by Council Member Ladewski. The motion carried. BILL NO. 86 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH MICHIGAN STREET FROM THE SOUTH RIGHT -OF -WAY LINE OF EAST BROADWAY STREET TO THE NORTH RIGHT -OF- WAY LINE OF THE FIRST INTERSECTING EAST -WEST ALLEY SOUTH OF EAST BROADWAY STREET FOR A DISTANCE OF APPROXIMATELY 153 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN HANEY'S 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. Kathleen Cekanski- Farrand indicated the bill should be amended in Section 5, by making the period a comma and adding "subject to an ingress /egress easement shown through the replat process." Council Member Coleman made a motion to accept the motion, seconded by Council Member Zakrzewski. The motion carried. William Lamie, Architecture Design Group, made the presentation for the bill. He indicated they were requesting the alley be vacated in order to gain parking spaces. He indicated this will greatly improve the use of the site. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 88 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 3, SECTION 4 -17, AND BY THE INCLUSION OF NEW SECTION 4 -47 ENTITLED RECYCLING DROP OFF CENTERS IN THE SOUTH BEND MUNICIPAL CODE. 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. He made the presentation for the bill. He indicated this is a companion bill to Bill No. 70 -94. He indicated this bill is an effort to make sure the recycling centers are monitored. He made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Slavinskas. The motion carried. 22? ATTEST: l{ City Clerk REGULAR MEETING RECONVENED ATTEST: CHairman SEPTEMBER 26, 1 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 az .:10 p.m., with Council President Puzzello presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8535 -94 AN ORDINANCE 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 third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of ORDINANCE NO. 8536 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1809 AND 1815 EAST IRELAND ROAD IN THE CITY OF SOUTH BEND This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Slavinskas. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8537 -94 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1995. This bill had third reading. Council Member Coleman made a motion to pass this bill, "seconded by Council Member Washington. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8538 -94 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1995, AND ENDING DECEMBER 31, 1995, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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 Luecke. The motion carried. Council Member Luecke made a motion to pass the bill l, as amended, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8539 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1995, AND ENDING DECEMBER 31, 1995, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND' FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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 Duda. The-motion carried-. Council Member Luecke made a motion to pass the bill, as amended,-seconded by Council--Member -Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8540 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 8396 -93 ADDRESSING THE NON- BARGAINING SALARY ORDINANCE; ORDINANCE NO. 8525 -94 ADDRESSING POLICE DEPARTMENT SALARIES; AND ORDINANCE NO. 8397 -93 ADDRESSING FIRE DEPARTMENT SALARIES. 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 Duda. The motion carried. Council Member Luecke made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8541 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE a FIRST NORTH -SOUTH ALLEY EAST OF SOUTH MICHIGAN STREET FROM THE' SOUTH RIGHT -OF -WAY LINE OF EAST BROADWAY STREET-TO- °T14E NORTH RIGHT -OF -WAY LINE OF THE FIRST INTtRStCTING EAST -WEST ALLEY SOUTH OF EAST BROADWAY STREET FOR A DISTANCE OF APPROXIMATELY 153 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN HANEY'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8542 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 3, SECTION 4 -17, AND BY THE INCLUSION OF NEW SECTION 4 -47 ENTITLED RECYCLING DROP OFF CENTERS IN THE SOUTH BEND MUNICIPAL CODE. This bill had third reading. Council Member Coleman made a motion to pass this bill; seconded by Council Member Luecke. The motion carried on a roll call vote of 'nine ayes. RESOLUTIONS RESOLUTION NO. 2172 -94, A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF A SCRAP METAL /JUNK DEALERS /RECYCLING OPERATIONS AND TRANSFER STATION,. LICENSE FOR THE gALENDAR YEAR-1994 WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk /scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk /and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk /and recycling dealers; WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk/ and recycling operations have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on September 19, 1994, recommended' the issuance of licenses for the below listed applicants in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the license applications for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made "in May and September, 1994, and subsequent favorable recommendation by the Board of Public Works: South Bend Scrap & Processing 1305 Prairie Avenue SECTION II. 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. Kathy Dempsey, Director of Code Enforcement, made the presentation for the bill. She indicated her department has reviewed the application and found them to be in compliance, and favorably approve the license. Cary Levin, Vice President of Sturgis Iron and Metal spoke in favor of this resolution. He indicated they have complied with every request. 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. 2173-94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH ' BEND' ESIGNATTNG CERTAIN AREAS WITHIN THE CITY OF SOUTH M REGULAR MEETING SEPTEMBER 26 1994 BEND COMMONLY KNOWN AS 1145 -1305 PRAIRIE AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND SCRAP AND PROCESSING. 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 1145 - 1305 Prairie Ave., South Bend, Indiana, and which is more particularly described as follows: A parcel of land being a part of the North Half of Section 14, Township 37 North, Range 2 East, in Portage Township, City of South Bend, St. Joseph County, Indiana, and being more particularly described as follows, viz: Beginning at the intersection of the South line of Garst Street with the westerly line of Prairie Avenue in said City; said intersection being the most northeasterly corner of a parcel of land quit - claimed to the Metal Resources Corporation by Penn Central Corporation in document numbered 8103153 in the office of the Recorder of St. Joseph County, Indiana, thence North 89 degrees 46' 31" West, along the south line of Garst Street and said South line projected, said line being a northerly line of said quit - claimed parcel, a distance of 582.58 feet to the East line of the Northwest Quarter of said Section 14; thence North 89 degrees 58' 10" West, along the northerly line of said Quit - claimed parcel a distance of 504.59 feet to the most northeasterly corner of a parcel of land deeded to Metal Resources Corporation by Albert Davidson in document numbered 8101507 in said Recorder's Office; thence continuing North 89 degrees 58' 10" West, along the northerly line of said Davidson parcel a distance of 201.61 feet; thence South 67 degrees 39' 57" West, along the northwesterly line of said Davidson parcel, a distance of 330.91 feet; thence South 0 degrees 07' 28" west, along the westerly line of said Davidson parcel, a distance of 1108.76 feet to a northerly corner of a parcel of land deeded to Shirley R. Steinmetz, et al, in document numbered 7903987 in said Recorder's Office, said corner being the point of tangency of a curve concave northwesterly, said curve having a radius of 272.37 feet and being subtended by a chord of 316.13 feet which bears South 35 degrees 35' 57" West, said curve being the most westerly boundary of said Steinmetz parcel; thence southwesterly, along said curve along and arc of 337.27 feet; thence for the next six courses along the southerly and easterly lines of said Steinmetz parcel, North 76 degrees 40' 03" East, along a non - tangent line, a distance of 175.60 feet to a point of curve; thence along a curve to the right, an arc distance of 170.42 feet, said curve having a radius of 523.66 feet and being subtended by a chord of 169.67 feet which bears North 86 degrees 05' 27" East; thence South 84 degrees 35' 10" East, a distance of 56.24 feet to the West line of a tract conveyed to South Bend Tribune Corp. by Warranty Deed recorded in Deed Record 823, P. 386 in said Recorder's Office; thence North 0 degrees 43' 50" East, along said West line, a distance of 7.30 feet; thence North 59 degrees 05' 32" East along the northwesterly line of said tract, a distance of 325.48 feet to the most westerly corner of a tract Quit - claimed to Indiana Bell Telephone Co., Inc. in Deed Record 665 P. 463; thence North 28 degrees 48' 14" East, along the northwesterly line of said Indiana Bell parcel, a distance of 228.26 feet; thence North 61 degrees 46' 50" East, a distance of 28.00 feet from the most southerly corner in Deed Record 665 P. 463; thence North 28 degrees 48' 50" West, a distance of 309.05 feet, to a point which bears South 61 degrees 46' 50" East, a distance of 28.00 feet from the most southerly corner of said Penn Central Quit -claim parcel described in document numbered 8103153; thence North 28 degrees 15' 41" East, parallel with a southeasterly line of said parcel, a distance of 998.17 feet, to a point on a southerly line of said Penn Central parcel; thence South 89 degrees 58' 10" East, along said southerly line, a distance of 212.73 feet; thence South 89 degrees 46' 31" East, along a southerly line of said parcel, a distance of 558.69 feet to said westerly line of Prairie Avenue; thence North 28 degrees 06' 58" East along said westerly line to the point of beginning. PARCEL I: A parcel of land being a part of the North Half of Section 14, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the point of intersection of the Westerly right -of -way line of Prairie Avenue with the South right -of -way line of Garst Street in said City, said intersection being the most Northeasterly corner of a parcel of land Quit- claimed to Metal Resources Corporation by Penn Central Corporation in Document Numbered 8103153 in the Office of the Recorder of St. Joseph County, Indiana; thence South 28 degrees 06' 58" West, along said Westerly right -of -way line of Prairie Avenue, a distance of 50.98 feet to a South line of said Metal Resources parcel; thence North 89 degrees 46' 31" West, along said South line, a distance of 419.21 feet to the place of beginning for this description; thence South 28 degrees 17' 26" West a distance of 748.79 feet to a point on a North line of Lot 1 as the same is shown and designated on the Plat of Metal Resources Minor Subdivision recorded in said Recorder's Office as Document Number 8511495; thence North 61 degrees 44' 13" West along said North line, a distance of 310.16 feet to and Easterly line of said Lot 1; thence North 28 degrees 15' 41 ", East along said Easterly line, a distance of 582.69 feet to said South line of said parcel Quit - claimed to Metal Resources Corporation, being also the South line of Lot 2 in said Minor Subdivision, thence South 89 degrees 58' 10" East along said South line, a distance of 212.73 feet to its intersection with the East line of the Northwest Quarter of said Section 14; thence South 89 degrees 46' 31" East, 576 REGULAR MEETING SEPTEMBER 26. 1994 _ along said South line, a distance of 139.48 feet to the place or PARCEL II. A parcel of land being a part of the North half of Section 14, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows; Commencing at the point of intersection of the Westerly right -of -way line of Prairie Avenue with the South right -of -way line of Garst in said City, said intersection being the most Northeasterly corner of a parcel of land Quit- claimed to Metal Resources Corporation by Penn Central Corporation in Document Numbered 8103153 in the Office of the Recorder of St. Joseph County, Indiana; thence South 28 degrees 06' 58" West, along said Westerly right -of -way line of Prairie Avenue, a distance of 50.99 feet to a South line of said Metal Resources parcel and the place of beginning for this description; thence South 28 degrees 16' 39" West along said Westerly right -of -way line of Prairie Avenue, a distance of 945.84 feet to the Northeast corner of Lot 1 as the same is shown and designated on the plat of Metal Resources Minor Subdivision recorded in said Recorder's Office as Document Number 8511495; thence North 61 degrees 44' 13" West along a Northerly line of said Lot 1, a distance of 370.14 feet; thence North 28 degrees 17' 26" East, a distance of 748 -79 feet to a South line of said Metal Resources parcel; thence South 89 degrees 46' 31" East, along said South line, a distance if 419.21 feet to the place of beginning. EXCEPTING THEREFROM THE FOLLOWING: A parcel of land being a part of the North Half of Section 14, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being more particularly described as follows: Commencing at the point of intersection of the Westerly right -of -way line of Prairie Avenue with the South right -of -way line of Garst Street in said City, said intersection point being the most Northeasterly corner of a parcel of land Quit - claimed to Metal Resources Corporation by Penn Central Corporation in Document No. 8103153 in the office of the Recorder of St. Joseph County, Indiana, thence South 28 degrees 06' 58" West, along said Westerly right -of -way line of Prairie Avenue, a distance of 50.99 feet to a South line of said Metal Resources parcel; thence South 28 degrees 16' 39" West along said westerly right -of -way line, a distance of 700.77 feet to the place of beginning for this description; thence continuing South 28 degrees 16' 39" West along said Westerly right -of -way line, a distance of 220.07 feet to the Northeast corner of a 25.00 foot (by rectilinear measurement) water easement lying North of and adjacent to Lot 1 of Metal Resources Minor Subdivision as the same is shown on the plat thereof, recorded in said Recorder's Office as Instrument No. 8511495, thence North 61 degrees 44' 13" West along the North line of said water easement and parallel with the North line of said Lot 1, a distance of 169.14 feet; thence North 28 degrees 13' 33" East, a distance of 220.07 feet; thence South 61 degrees 44' 13" East, parallel with said North line of Lot 1, a distance of 368.08 feet to the place of beginning. PARCEL III: A non - exclusive easement for ingress and egress over and across Lot 2 shown on the recorded plat of Metal Resources Minor Subdivision, recorded June 13, 1985 as Document Number 8511495 and set out in Deed Record 659, page 281 acknowledged December 28, 1964 and recorded January 13, 1965 and also set out in Deed Record 657, page 131, dated October 13, 1964 and recorded October 28, 1964 all in the Office of the Recorder of St. Joseph County, Indiana. and this property has a Key Number A: 18 8021, 084104, 18 8021 847, 18 8021 084717 and 18 8021 084718. B: 18 8021 084702, 18 8021 084707 and 18 8021 084709, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Section 2 -76 et seq.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2 -76 et seq. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code-6-1.1-12.1-4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; 231- REGULAR MEETING SEPTEMBER 26, 1994 (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Ccommon Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Cary Levin, Vice President of Sturgis Iron and Metal, made the presentation for the bill. He indicated they planned to add two cranes and a wire chopping line in order to run their operation more efficiently. He indicated there operation should be quieter. Mark Troyer, 1401 W. Indiana, spoke against this abatement due to the disruptive noise. Council Member Zakrzewski made a motion that as a consideration of being designated an Economic Revitalization area for personal tax abatement South Bend Scrap agrees it will operate in compliance with the South Bend Municipal Code, and the maximum noise limit between 10 p.m., and 7 a.m. is 55 decibels. The motion failed for lack of a second. Council Member Zakrzewski asked that before the confirming resolution South Bend Scrap documents the noise levels of the new cranes. 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 eight ayes and one nay (Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2174 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR AE GOETZE, INC. - SOUTH BEND PISTON FOUNDRY AND MACHINING EQUIPMENT. 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 3605 W. Cleveland, South Bend IN, and which is particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, 2nd P.M. St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the East -West Half section line of said East Half North 88 degrees 53 minutes 36 seconds East 915.58 feet from the center of said Section 21; thence North 0 degrees 56 minutes 57 seconds West 338.80 feet; thence North 88 degrees 53 minutes 36 seconds East, parallel with the East -West half section line of said Section 800.00 feet; thence South 0 degrees 56 minutes 57 seconds East 1726.13 feet; thence northwesterly 550.14 feet along an arc to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of North 54 degrees 36 minutes 59 seconds West and a distance of 549.80 feet; thence North 51 degrees 05 minutes 08 seconds West 465.22 feet; thence North 0 degrees 56 minutes 57 2332 seconds West 761.20 feet to the East -West half section line of said East half the point of beginning, and containing 26.203 acres, more or less. with said real estate having the following key number 35 411 4814 be designated 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 seq. 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. Dick Monagle, General Manager, made the presentation for the resolution. He indicated they planned to purchase $20 millions dollars worth of high volume machinery to be used to produce pistons. He indicated they planned to add 144 new jobs. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2175 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2525 N. FOUNDATION DRIVE, SOUTH BEND, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR MILES DISTRIBUTORS, 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 2525 Foundation Dr., South Bend IN, and which is particularly described as follows: A tract of land in the Southwest Quarter of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana described as Lot 3 -4 of Airport Industrial park, Phase III, more particularly described as follows: Commencing at the Southeast Corner of said Section 28; thence N 90 degrees 00 minutes 00 seconds W a distance of 2642.71 feet on and along the South line of said Section; thence S 89 degrees 57 minutes 33 seconds W a distance of 171.27 feet along the South line of said Quarter Section; thence N 00 degrees 00 minutes 47 seconds E along the centerline of Foundry Drive a distance of 1090.00 feet; thence N 89 degrees 59 minutes 13 seconds W a distance of 40.00 feet to the West line of Foundation Drive and a true place of beginning; thence N 89 degrees 59 minutes 13 seconds W a distance of 450.00 feet; thence N 00 degrees 00 minutes 47" E a distance of 450.00 feet; thence S 00 degrees 00 minutes 47 seconds W a distance of 210.00 feet to the place of beginning. with said real estate having the following Key No. 25- 1010 - 040004 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 a 33 REGULAR MEETING 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 seq. 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. John Peddycord, attorney, made the presentation for the resolution. He indicated the petitioner planned to construction an addition to the present facility. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 94 -91 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION NO. 2176 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF PROPERTY AT 907 31ST STREET, SOUTH BEND, INDIANA, FOR USE AS NEIGHBORHOOD PARTNERSHIP CENTER IS NECESSARY WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on September 12, 1994, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 907 31st Street, South Bend, Indiana, as space for a Neighborhood Parnership Center, by entering into a lease agreement with Real Services Housing, Inc. for a term of one year with a one year option to renew upon agreement of the parties, with an annual rental not to exceed Six Thousand Dollars ($6,000.00) in the first year and if the option year is exercised by the parties, the annual rental shall not exceed Six Thousand Dollars ($6,000.00); and WHEREAS, the Board received, on September 12, 1994, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petitions and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1 -10 -72 (2) requires, prior to the Board of Public Works entering into a lease agreement for said premises, that the Common Council determine that the premises are needed and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this resolution. 2. That the Common Council is desirous of establishing a neighborhood center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3. That this property at 907 31st Street, South Bend, Indiana, contains approximately 2,700 square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4. That on the 12th day of September 1994, a petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 907 31st Street, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with Real Services Housing Inc. for RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 701 W. CHIPPEWA AVE., SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR REDDI- PAC, INC. Due to lack of a presenter, Council Member Coleman made a motion to continue this resolution October 24, seconded by Council Member Washington. The motion carried. RESOLUTION NO. 2176 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF PROPERTY AT 907 31ST STREET, SOUTH BEND, INDIANA, FOR USE AS NEIGHBORHOOD PARTNERSHIP CENTER IS NECESSARY WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on September 12, 1994, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 907 31st Street, South Bend, Indiana, as space for a Neighborhood Parnership Center, by entering into a lease agreement with Real Services Housing, Inc. for a term of one year with a one year option to renew upon agreement of the parties, with an annual rental not to exceed Six Thousand Dollars ($6,000.00) in the first year and if the option year is exercised by the parties, the annual rental shall not exceed Six Thousand Dollars ($6,000.00); and WHEREAS, the Board received, on September 12, 1994, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petitions and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1 -10 -72 (2) requires, prior to the Board of Public Works entering into a lease agreement for said premises, that the Common Council determine that the premises are needed and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this resolution. 2. That the Common Council is desirous of establishing a neighborhood center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3. That this property at 907 31st Street, South Bend, Indiana, contains approximately 2,700 square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4. That on the 12th day of September 1994, a petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 907 31st Street, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with Real Services Housing Inc. for a term of one (1) year with a one (1) year option to renew upon agreement of the parties, with an annual rental for said premises not to exceed Six Thousand Dollars ($6,000.00) in the first year and an annual rental not to exceed Six Thousand Dollars $6,000.00 ($6,000.00 if the option year is exercised by the parties. 5. That on the 12th day of September 1994, the Board of Pubic Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located with the corporate limits of the City of South Bend. 6. That on the 12th day of September 1994, a proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein. 7. That having heard all speakers at the presentation and hearing on this Resolution on the 12th day of September 1994, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigation, discussions, and consideration by individual Council members, the Common Council of the City of South Bend hereby finds, pursuant to I.C. 36- 1- 10 -7(2), that the lease of property at 907 31st Street as a Neighborhood Partnership Center, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor is needed. 8. 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. John Broden, Assistant City Attorney, made the presentation for the bill. He indicated his lease is for $500 a month for the list year, with an option to renew. He indicated the bill needed to be amended in paragraph 7., to change the date from September 12 to September 26. Council Member Coleman made a motion to amend this bill, seconded by Council Member Luecke. The motion carried. Warren Banks, pastor of the River Park Gospel Center, spoke in favor of this center being established in River Park. 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 nine ayes. BILLS, FIRST READING BILL NO. 90 -94 A BILL ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE OBJECT IN -SITU LOCATED IN THE PUBLIC RIGHT OF WAY AT THE CORNER OF NILES AVENUE AND LEEPER AVENUE, 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. PRIVILEGE OF THE FLOOR William Eagen, 1601 Cedar, spoke regarding his experience as a citizen member on the Personnel and Finance Committee. He indicated he admired the Council. 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 9:02 p.m. ATTEST: ' Toxl � City Clerk AmmVcm. a '3 �