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HomeMy WebLinkAbout09-13-93 Counicl Meeting MinutesREGULAR MEETING SEPTEMBER 13 1993 meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Washington, 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 August 23, meeting of the Council and found them correct. Therefore, we recommend the same be approved. Stephen Luecke Loretta Duda Council Member Coleman made a motion that the minutes of the August 23, 1993, meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. REPORTS OF CITY OFFICERS Chief Luther Taylor gave a status report on Fire Department's equipment, EMS, HazMat, and the forming of a new team for confined spaces. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Duda. 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 13, 1993 at 7:14 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 45 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 53500 OLIVE ROAD, IN THE CITY OF SOUTH BEND, INDIANA. Council Member Slavinskas made a motion to continue this bill until October 11, at the request of the petitioner, seconded by Council Member Washington. The motion carried. BILL NO. 64 -93 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR THE PROPERTIES LOCATED AT 231 SOUTH EDDY, 1027 EAST WAYNE AND 1029 EAST WAYNE, 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 Oxian, President of the Historic Preservation Commission, made the presentation for the bill. He indicated the home at 231 South Eddy and 1027 E. Wayne were rated S /12, and the carriage house at 1029 E. Wayne was rated S 110. Phil Schatz, 1027 E. Wayne, the owner of these homes, indicated he was in favor of these homes having historical status. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 71 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREETS AND ALLEYS TO BE VACATED ARE DESCRIBED AS E. MILTON ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; THE FIRST EAST -WEST ALLEY SOUTH OF E. MILTON ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; E. CALVERT ST FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; THE FIRST EAST -WEST ALLEY SOUTH OF E. CALVERT ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; E. BOWMAN ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; THE FIRST NORTH -SOUTH ALLEY EAST OF S. FELLOWS ST. FROM THE NORTH RIGHT -OF -WAY LINE OF E. CALVERT ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. MILTON, EXCLUDING THAT AREA WHICH INTERSECTS WITH THE EAST -WEST ALLEY; THE FIRST NORTH -SOUTH ALLEY EAST OF S. FELLOWS ST. FROM THE NORTH RIGHT -OF -WAY LINE OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. CALVERT ST, EXCLUDING THAT AREA WHICH INTERSECTS WITH THE EAST -WEST ALLEY; AND S. RUSH ST. FROM THE SOUTH RIGHT -OF -WAY LINE OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE EAST -WEST ALLEY NORTH OF E. MILTON ST. PARTS LOCATED IN STUDEBAKER'S SECOND AND THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT A.) THE STREET TO BE VACATED IS DESCRIBED AS E. CALVERT ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. RUSH ST. TO THE WEST RIGHT -OF -WAY LINE OF S. HIGH ST. PART LOCATED IN HENRY STUDEBAKER PARK AND SOUTH EAST ADDITION IN THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT B.) THE STREET TO BE VACATED IS DESCRIBED AS S. MARIETTA FROM THE SOUTH RIGHT -OF -WAY LINE OF E. DAYTON ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. DAYTON FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF APPROXIMATELY 49.5 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT C.) THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH FELLOWS FROM THE NORTH RIGHT -OF- WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. BOWMAN FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT D.) THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH - SOUTH ALLEY EAST OF S. FELLOWS FROM THE NORTH RIGHT -OF -WAY LINE OF E. MILTON ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING EAST -WEST ALLEY NORTH OF E. MILTON ST. FOR A DISTANCE OF APPROXIMATELY 120 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT E.)THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF E. DAYTON FROM THE WEST RIGHT -OF -WAY LINE OF S. MARIETTA TO THE WEST LINE OF LOT 127 FOR A DISTANCE OF APPROXIMATELY 120 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT F.) 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 made a motion to amend the bill in Section 5 by changing the period to a comma and adding "and shall be further contingent on the State Tax Commissioner's final approval on the new Riley High School project. ", seconded by Council Member Puzzello. The motion carried. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and sends it to the Council with no recommendation. Ralph Komasinski, 1319 E. Wayne North, made the presentation for the bill. He indicated that the School Board voted to build a new facility at the present Riley site in 1992. He indicated they were asking to have the street and alley vacation in order to allow for a campus that will provide for safe access for students. He indicated this bill allow them to have off - street bus facilities, parking, and not be in the floodplain of Bowman Creek. He indicated the South Bend School Corporation is not being asked to participate in the widening of Ewing. Vicky Black, 1218 E. Dayton; Margaret Woods, 139 E. Ewing; Mike Holmes; George Tezich, 736 E. Woodside; Pat Schafer, 19218 Orchard Heights Dr., Pat Shelton, 1624 S. Scott; Jeff Reed, 737 Altgeld; Hollis Hughes, 6126 Miami; Joe Kernan, 114 E. Pokagon; Charles Roberts 518 E. Milton; spoke in favor of this vacation. Jo Blacketor, 906 E. Eckman; Joyce Boaler, 1606 Hillsdale; Gene Oakly, 26514 York Rd.; Lewis Clark, 401 E. Indiana; Judith Overmeyer, 3447 S. Locust Rd.; Ernest Dickson, 2706 Wall; spoke against this vacation. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Washington. Council Members Coleman indicated he was against this zoning. Council Luecke indicated he felt this petition was premature. Council Members Puzzello; Ladewski, Duda; and Kelly spoke in favor of the vacation. The motion carried. Council Member Coleman made a motion to recess, seconded by Council Member Duda. The motion carried and the meeting was recessed at 8:47 p.m., and reconvened at 8:56 p.m. BILL NO. 72 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 14 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY ADDING A NEW SECTION 2 -169.2 ENTITLED "CONSOLIDATED BUILDING DEPARTMENT ENTERPRISE 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 Puzzello reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Kevin Horton, City Controller, made the presentation for the bill. He indicated it was the intent of the City and the County that this department's operational costs be financed primarily through user fees, therefore, an enterprise fund should be established. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas. The motion carried. Council Member Luecke made a motion to combine public hearing on the next three bills, seconded by Council Member Slavinskas. The motion carried. BILL NO. 73 -93 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, 1994. BILL NO. 74 -93 A BILL OF THE COMMON COUNCIL OF THE APPROPRIATING MONIES FOR THE PURPOSE OF SEVERAL DEPARTMENTS OF THE CITY OF SOUTH YEAR BEGINNING JANUARY 1, 1994, AND INCLUDING ALL OUTSTANDING CLAIMS AND WHEN THE SAME SHALL TAKE EFFECT. :ITY OF SOUTH BEND, INDIANA, DEFRAYING THE EXPENSES OF THE BEND, INDIANA, FOR THE FISCAL ENDING DECEMBER 31, 1994, OBLIGATIONS AND FIXING A TIME BILL NO. 75 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, 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, 1994, AND ENDING DECEMBER 31, 1994, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Puzzello reported that the Personnel and Finance Committee met on these bills and recommended them to the Council favorable. Mayor Joseph Kernan made the presentation for the FJ MEETING SEPTEMBER 13, 1993 bills. He indicated that municipal governments throughout the country are having financial difficulties, however, South Bend has been able to raise their bond rating to "A ". This budget will provide funding for health insurance, build our reserves, and provide a drug testing program for our employees. He indicated it also reduces 20 employment positions, therefore, we will be able to increase our fire and police departments by three employees each, giving us a net loss of 14 positions. He indicated we will be able to fund the pension plans and there will be no tax warrants for the second consecutive year. He indicated our Community Development Block Grant Fund will be,used in part for capital improvements, the six partnership centers, as well as make neighborhood improvements. Kevin Horton, City Controller, thanked everyone who worked on the budget. Council Member Luecke made a motion to amend Bill No. 74 -93, as on file with the City Clerk's office, seconded by Council Member Duda. The motion carried. James Edward Tally, 1081 Riverside, indicated he was the only citizen in South Bend who attended all of the meetings. Pat Bryan, 2716 Wall St., asked if there would be more money for implementing the Americans with Disabilities Act. Joyce Boaler, 1606 Hillsdale, that some of the items in the budget are hard to find. Kelly Havens, speaking for Citizens for Common Sense, asked if the City was going to seek the option tax next year. Council Member Luecke made a motion to recommend Bill No. 73 -93 to the Council favorable, seconded by Council Member Coleman. The motion carried. Council Member Luecke made a motion to recommend Bill No. 74 -93 to the Council favorable, as amended, seconded by Council Member Duda. The motion carried. Council Member Luecke made a motion to recommend Bill No. 75 -93 to the Council favorable, seconded by Council Member Duda. The motion carried. Member Luecke made a motion to rise and report to the Council, seconded by Member Coleman. The motion carried. ATTEST: City Clerk Chairman REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 9:52 p.m. "-ouncil President Luecke presiding, and nine members present. BILLS, THIRD READING DRDINANCE NO. 8411 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR THE PROPERTIES LOCATED AT 231 SOUTH EDDY, 1027 EAST WAYNE AND 1029 EAST WAYNE, IN THE CITY OF SOUTH BEND, INDIANA. Chis bill had third reading. Council Member Slavinskas made a motion to pass this )ill, seconded by Council Member Washington. The bill passed by a roll call vote of line ayes. 412 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 14 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY ADDING A NEW SECTION 2 -169.2 ENTITLED "CONSOLIDATED BUILDING DEPARTMENT ENTERPRISE FUND ". his bill had third reading. Council Member Puzzello made a motion to pass this ill, seconded by Council Member Washington. The bill passed by a roll call vote of ine ayes. Council Member Zakrzewski made a motion to have third reading on Bill No. 71 -93, seconded by Council Member Kelly. The motion carried on a roll call vote of eight ayes and one nay (Council Member Luecke.) NO. 8413 -93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREETS AND ALLEYS TO BE VACATED ARE DESCRIBED AS E. MILTON ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; THE FIRST EAST - WEST ALLEY SOUTH OF E. MILTON ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; E. CALVERT ST FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; THE FIRST EAST -WEST ALLEY SOUTH OF E. CALVERT ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; E. BOWMAN ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; THE FIRST NORTH -SOUTH ALLEY EAST OF S. FELLOWS ST. FROM THE NORTH RIGHT -OF -WAY LINE OF E. CALVERT ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. MILTON, EXCLUDING THAT AREA WHICH INTERSECTS WITH THE EAST -WEST ALLEY; THE FIRST NORTH - SOUTH ALLEY EAST OF S. FELLOWS ST. FROM THE NORTH RIGHT -OF- WAY LINE OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. CALVERT ST, EXCLUDING THAT AREA WHICH INTERSECTS WITH THE EAST -WEST ALLEY; AND S. RUSH ST. FROM THE SOUTH RIGHT -OF -WAY LINE OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY NORTH OF E. MILTON ST. PARTS LOCATED IN STUDEBAKER'S SECOND AND THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT A.) REGULAR MEETING SEPTEMBER 13, 1993 THE STREET TO BE VACATED IS DESCRIBED AS E. CALVERT ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. RUSH ST. TO THE WEST RIGHT - OF -WAY LINE OF S. HIGH ST. PART LOCATED IN HENRY STUDEBAKER PARK AND SOUTH EAST ADDITION IN THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT B.) THE STREET TO BE VACATED IS DESCRIBED AS S. MARIETTA FROM THE SOUTH RIGHT -OF -WAY LINE OF E. DAYTON ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. DAYTON FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF APPROXIMATELY 49.5 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT C.) THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH - SOUTH ALLEY EAST OF SOUTH FELLOWS FROM THE NORTH RIGHT -OF- WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. BOWMAN FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT D.) THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH - SOUTH ALLEY EAST OF S. FELLOWS FROM THE NORTH RIGHT -OF -WAY LINE OF E. MILTON ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING EAST -WEST ALLEY NORTH OF E. MILTON ST. FOR A DISTANCE OF APPROXIMATELY 120 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT E.) THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF E. DAYTON FROM THE WEST RIGHT -OF -WAY LINE OF S. MARIETTA TO THE WEST LINE OF LOT 127 FOR A DISTANCE OF APPROXIMATELY 120 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT F.) This bill had third reading. Council Member Slavinskas 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 Slavinskas made a motion to pass this bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of seven ayes and two nays (Council Members Luecke and Coleman.) RESOLUTIONS RESOLUTION NO. 2062 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1137 S. LAFAYETTE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EXACTO, INC. OF SOUTH BEND. 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 1137 S. Lafayette, South Bend IN, and which is particularly described as follows: Beginning at the SW corner of Lot 7, Stull's Second Edition; thence N along the E right -of -way of an alley a distance of 336.06 feet + or - to a point; said point being the NW corner of the S 1/2 of Lot 64, South Bend City Edition; thence E along the northern boundary of said 1/2 of Lot 64 which is on the western right -of -way of Lafayette Blvd; thence S a distance of 275 feet + or - to the SE corner of Lot 6, Stull's Second Edition; thence W a distance of 125 feet to a point; thence S 66 feet to a point; thence W 40 feet to a point of beginning. All being within the City of South Bend, County of St. Joseph, State of Indiana. with said real estate having the following Key Nos. 18 8006 0288, 18 8002 0115, 18 8006 0282, 18 8006 028201, 18 8006 0285, 18 8006 028501, 18 8002 0116, 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) REGULAR MEETING SEPTEMBER 13, 1995 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 /Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Gunther Jordan, owner of Exacto, made the presentation for the resolution. He indicated they intended to purchase new equipment in order to fill their customer's orders. Council Member Zakrzewski 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. 2063 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3515 BOLAND DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR SOCIETY LEASING (F /B /O AMERICAN TOOL & DIE, INC.) WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3515 Boland Dr., South Bend, Indiana, and which is more particularly described as follows: A part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of said quarter section; thence South 89 degrees 58 minutes 56 seconds West 1200.00 feet; thence North 0 degrees 00 minutes 23 seconds East 120 feet to the point of beginning of this description: thence South 89 degrees 58 minutes 56 seconds West 329.55 feet along the north line of Boland Drive; thence North 89 degrees 58 minutes 56 seconds West 375.00 feet along the West line of Kenmore Street; thence South 44 degrees 59 minutes 40 seconds West 14.15 feet to the point of beginning, containing 3.000 acres more or less. The bearing of the south line of the Southeast Quarter of Section 28 is assumed North 90 degrees 00 minutes 00 seconds West. and which real estate has a Key number of 25 1010 038601 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et seq., and South Bend Municipal Code 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; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3- 1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen J. Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on the resolution and recommended it to the Council favorable. James Knepp, attorney, made the presentation for the resolution. He indicated American Tool & Die was purchasing state -of- the -art equipment, in order to retain their present customers and be able obtain new ones. He indicated they would be increasing their employment by two full- time positions. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. (RESOLUTION NO. 2064 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1827 N. BENDIX DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR SOLVAY AUTOMOTIVE, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1827 N. Bendix, South Bend, Indiana, and which is more particularly described as follows: A parcel of land being part of the Northeast Quarter of the Southeast Quarter of Section 33, township 38 north, Range 2 east, in the City of South Bend, Portage Township, St. Joseph County, Indiana. and which real estate has a Key number of 182184693802 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et seg., and South Bend Municipal Code Section 2 -76 et 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 seg., and South Bend Municipal Code Sections 2 -76 et seg. 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; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3- 1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen J. Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on the resolution and recommended it to the Council favorable. Mark Witucki, a representative of Solvay, made the presentation for the resolution. He indicated this project would make this facility one of the largest plastic fuel tank production plants in the U.S. He indicated they planned to install machinery and equipment costing approximately 12,000,000, which will generate $42 million in sales. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2065 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 400 WEST SAMPLE STREET, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR TURNMASTER CORP. d /b /a SOUTH BEND LATHE CORP. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 400 West Sample Street, South Bend, Indian, and which is more particularly described as follows: Parcel No. 6 in the Inner Belt Industrial Park, a Subdivision in the Southeast and Southwest Quarters of Section Eleven (11) and the Northeast Quarter (1/4) of Section Fourteen (14) all in Township Thirty -seven (37) Range Two (22) east of the Second Principal Meridian, City of South Bend, Indiana, the Plat of which is recorded in the office of the Recorder of St. Joseph County, Indiana, in Plat Book 21, page I, EXCEPTING therefrom the West 30 feet of the East 40 feet of vacated Prairie Avenue. Also, EXCEPTING therefrom a part of Parcel No. 6 Inner Belt Industrial Park described as follows, viz: Beginning at the Southwest corner of Parcel No. 6 Inner Belt Industrial Park; thence North zero degrees 10 minutes 32 second West 73.55 feet along Easterly line of Chapin Street; thence Northeasterly to the right on the arc of a curve 60.52 feet with a radius of 565 feet and limited to in length by a long chord of 60.49 feet along the East line of Chapin street; thence North 5 degrees 57 minutes 39 seconds East 52.92 feet along said East line of Chapin Street; thence South 61 degrees 39 minutes 41 seconds East 81.15 feet to the Southeasterly line of said Parcel No. 6; thence Southwesterly 167.68 feet along said Southeasterly line to place of beginning. and which has Key Number 18 8032 084906 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1-1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indian, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C: That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the Totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. G. That the area is located in an Economic Development Target Area designated as such under Indiana Code 6 -1.1- 12.1 -7. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen J. Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on the resolution and recommended it to the Council favorable. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated the petitioner manufactures high quality lathe products and machinery. He indicated they planned to renovate their building by insulating the interior walls; converting the sprinkler system; covering and insulating skylights and windows; and re- roofing a portion of the building; in order to reduce energy costs and provide better working conditions. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2066 -93 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING AFTER INVESTIGATION THAT THE LEASE OF PROPERTY AT 609 W. INDIANA AVENUE, SOUTH BEND, INDIANA, FOR A NEIGHBORHOOD PARTNERSHIP CENTER IS NEEDED WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on August 23, 1993, received a petition ( "Petition ") signed by Fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 609 W. Indiana Avenue, South Bend, Indiana, as space for a Neighborhood Partnership Center, by entering into a lease agreement with Paul and Phyllis Dillon south Bend, Indiana, for a term of two (2) years with a two (2) year option to renew with such option to renew exercisable at the City's option. The annual rent in each of the first two (2) years shall not exceed Four Thousand Seven Hundred and Forth Dollars ($4,740.00). If the City chooses to exercise the two (2) year option to renew, the monthly rent for this two (2) year term shall not exceed Four Hundred and Fourteen Dollars and Seventy -Five Cents ($414.75.) WHEREAS, the Board received, on August 23, 1993, a certificate of the St. Joseph County Auditor, certifying that the verifier of the Petition 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 -7(2) requires, prior to the Board of Public Works entering into a lease agreement for said Premises, that the Common Council, after investigation, determine that the premises are needed. 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 609 W. Indiana Avenue, South Bend, Indiana, contains approximately 2000 square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4. That on the 23rd day of August, 1993, 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 609 W. Indiana Avenue, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with Paul and Phyllis Dillon, South Bend, Indiana, for a term of two (2) years with a two (2) year option to renew exercisable at the City's option. The annual rent in the first year shall not exceed Four Thousand Seven Hundred and Forty Dollars ($4,740) and the annual rent in the second year shall not exceed Four Thousand Seven Hundred and Forty Dollars ($4,740.) If the City exercises the two year to renew, it is agreed that the monthly rent during this two (2) year term shall not exceed Four Hundred and Fourteen Dollars and Seventy -five Cents ($414.75). 5. That on the 23rd day of August 1993 the Board of Public 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 within the corporate limits of the City of South Bend. 6. That on the 23rd day of August, 1993, 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 13th day of September, 1993, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigations, 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 least of property at 609 W. Indiana Avenue 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/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Puzzello reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. James Caldwell, adm. assistant for neighborhoods, made the presentation for the resolution. He indicated the Rum Village Neighborhood Association felt this commercial location would best serve their needs. Don Nowicki, 2211 S. William, indicated 609 William was in the target program area, and this center could be used by all the residents of Rum Village. Robert Benko, 1521 Renfrew, indicated he has a business in this area for a long time and this center was needed in the neighborhood. 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.) BILLS, THIRD READING BILL NO. 76 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 802 N. OLIVE STREET, 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. 77 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF NORTH MAPLE ROAD IN THE CITY OF SOUTH BEND, INDIANA 46628. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Washington. The motion carried. BILL NO. 78 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 200 BLOCK OF WEST IRELAND ROAD (SOUTHWEST CORNER OF IRELAND & SOUTH MAIN STREET) 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. 79 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3303 PORTAGE AVE., 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 Zakrzewski. The motion carried. BILL NO. 80 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1145 PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA 46613. 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. 81 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8318 -92 ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS, ADDITIONS AND IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO PROVIDE FOR THE COSTS THEREOF, AND AUTHORIZING THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH WATERWORKS AND OTHER RELATED MATTERS ". This bill had first reading. Council Member Slavinskas made a motion to refer this bill jointly to the Personnel & Finance and the Utilities Committees, and set it for public hearing and third reading on September 27, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR Pat Bryan, 2706 Wall, indicated she was now in a policy making position with the National Association of Physically Handicapped. Gene Oakly, 2614 York Rd., indicated he had made a mistake earlier and the Clerk's office did have a list of people who received certified letters on the Calvert Street closing. He also indicated the East Race needed repair and the stadium needed to be maintained in better condition. 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 Duda. The motion carried and the meeting was adjourned at 10:35 p.m. ATTEST: J13-� City Clerk ATTEST: PretideW