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HomeMy WebLinkAbout10-08-90 Council Meeting Minutes96 - -- -- REGULAR- MEE -T -ING - -- -- -- _ — _ - -- - - - -- . __nF`_- 'FARF.R- 9- 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, October 8, 1990, at 7:00 P.M. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Niezgodski, Soderberg Puzzello, Slavinskas, Zakrzewski, Coleman, an Voorde Absent: Duda 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 24, 1990 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Coleman made a motion that the minutes of the September 24, 1990, meeting of the Council be accepted and placed on file, seconded by Council Member Puzzello. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1810 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA GERMAN TOWNSHIP. WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is adjacent to and /or near the Michiana Regional Airport and is to be developed, as part of the City's Airport 2010 project, which development will require a level of municipal public services basic to the establishment and maintenance of such development, which services shall include services of a non - capital nature, including street and road maintenance, fire and police protection, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, water facilities and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory t be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effectiv date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioner of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to an area which includes the territory to be annexed, which plan and policy, as it relates to the territory to be annexed, the Common Council finds appropriate and the adoption of which as the plan and policy for the City of South Bend the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of tl area proposed to be annexed that the following described real property located in German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: 97 - - - -- - - - - -- -- --- - - - - -- --- RFrfu-T - mu.mI-NG - - - -- - - -- - - - - - - - -- OCT-OBER -8, 19-9.0 - - - -- -. - - -- - -___ That part of Section 21 and 22, T. 38 N., R. 2 E., German Township, St. Joseph County, Indiana which is described as: Beginning at the Center of Section 21; thence N. 880- 53' -36" E. along the East and West quarter line of said Section, 450.58 ft. to the Southeast corner of Lot 6 of the recorded plat of Toll Road Industrial Park, Section 4; thence N. 000- 56' -57" W., 348.63 ft. to the Northwest corner of Lot 3, of the recorded plat of Toll Road Industrial Park, Section 2, thence N. 881- 53' -36" E., 385.00 ft. to the West line of Ralph Jones Drive; thence N. 000- 56' -57" W., 504.83 ft.; thence around a 30.00 ft. radius curve to the left an arc distance of 47.21 ft. to the end of a chord which bears N. 46 °- 01' -41" W. and a distance of 42.49 ft. to the south line of William Richardson Drive; thence along said south line S. 880- 53' -36" W., 805.50 ft. to the Northwest corner of Lot 6, Toll Road Industrial Park, Section 4; thence N. 001- 56' -57" W., 1126.62 ft. to the Northwest corner of Outlot 7C, of the recorded plat of Toll Road Industrial Park, Section 7; thence N. 880- 53' -36" E., 1327.59 ft. to the Northeast corner of Lot 11 of Toll Road Industrial Park, Section 6; thence S. 000- 56' -57" E., 1046.62 ft. to the North line of William Richardson Court; thence along said North line N. 88 °- 53' -36" E., 238.43 ft.; thence around 60.00 ft. radius curve to the left an arc distance of 50.47 ft. to the end of a chord which bears N. 641- 47' -51" E. and a distance of 48.99 ft.; thence around a 60.00 ft. radius curve to the right an arc distance of 144.76 ft. to the end of a chord which bears S. 700- 04' -02" E. and a distance of 112.12 ft. to the northwest corner of Lot 18 of the recorded plat of Toll Road Industrial Park, Section 6; thence S. 00 °- 56' -57" E., 604.73 ft. to the southeast corner of Lot 17 of the Toll Road Industrial Park, Section 6; thence crossing Lot 18 of said Section 6, N. 88 °- 53' -36" E., 930.91 ft. to the East line of said Section 21; thence along the said East line S. 001- 45' -45" E., 338.81 ft. to the east quarter post of said Section; thence S. 010- 00' -44" E. along the East line of said section, 585.04 ft.; thence N. 89 °- 44' -31" E., 1219.94 ft. to the Centerline of Portage Road; thence S. 21 °- 44' -25" E. along said line, 292.53 ft.; thence S. 011- 02' -54" E. along the East line of the West half of the Southwest quarter of said section 22, 985.05 ft. to the South line of Maple Road; thence along said line, S. 421- 23' -52" W., 526.67 ft. and S. 03 °- 23' -52" W., 50.53 ft. to the Northerly Right of Way line of Cleveland Road; thence along said line N. 62 °- 25' -23" W., 181.03 ft.; thence N. 680- 12' -15" W., 345.89 ft. and N. 561- 02' -56" W., 410.00 ft. and N. 77 °- 22' -14" W., 148.56 ft. to a Point on the East line of said Section 21; thence continuing along said line, N. 681- 46' -15" W., 838.81 ft. thence around a 4463.66 ft. Radius curve to the Right an arc distance of 732.25 ft. to the end of a chord which bears N. 550- 47' -07" W. and having a distance of 731.43 ft. and N. 51 °- 06' -33" W., 725.43 ft. and around a 4705.21 ft. Radius curve to the Left an arc distance of 870.48 ft. to the end of a chord which bears N. 560- 22' -04" W. and having a distance of 869.24 ft.; thence N. 00 °- 56' -12" W. along the North and South quarter line of said Section, 98.76 ft. to the Point of Beginning. Containing 170.005 Acres. more or less. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. That the Common Council for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Exhibit B, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This Resolution should be in full force and effect upon its adoption by the Common Council and approved by the Mayor. Adopted this day of , 1990. Member, Common Council RESOLUTION NO. 1811 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP. J8 WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is adjacent to and /or near the Michiana Regional Airport and is to be developed, as part of the City's Airport 2010 project, which development will require a level of municipal public services basic to the establishment and maintenance of such development, which services shall include services of a non - capital nature, including street and road maintenance, fire and police protection, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, water facilities and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioner of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to an area which includes the territory to be annexed, which plan and policy, as it relates to the territory to be annexed, the Common Council finds appropriate and the adoption of which as the plan and policy for the City of South Bend the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of tl area proposed to be annexed that the following described real property located in German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: That part of Section 21 and 22, T. 38 N., R. 2 E., German Township, St. Joseph County, Indiana which is described as: Beginning at the Center of Section 21; thence N. 880- 53' -36" E. along the East and West quarter line of said Section, 450.58 ft. to the Southeast corner of Lot 6 of the recorded plat of Toll Road Industrial Park, Section 4; thence N. 000- 56' -57" W., 348.63 ft. to the Northwest corner of Lot 3, of the recorded plat of Toll Road Industrial Park, Section 2, thence N. 88 °- 53' -36" E., 385.00 ft. to the West line of Ralph Jones Drive; thence N. 000- 56' -57" W., 504.83 ft.; thence around a 30.00 ft. radius curve to the left an arc distance of 47.21 ft. to the end of a chord which bears N. 460- 01' -41" W. and a distance of 42.49 ft. to the south line of William Richardson Drive; thence along said south line S. 88 °- 53' -36" W., 805.50 ft. to the Northwest corner of Lot 6, Toll Road Industrial Park, Section 4; thence N. 000- 56' -57" W., 1126.62 ft. to the Northwest corner of Outlot 7C, of the recorded plat of Toll Road Industrial Park, Section 7; thence N. 88 °- 53' -36" E., 1327.59 ft. to the Northeast corner of Lot 11 of Toll Road Industrial Park, Section 6; thence S. 000- 56' -57" E., 1046.62 ft. to the North line of William Richardson Court; thence along said North line N. 88 °- 53' -36" E., 238.43 ft.; thence around 60.00 ft. radius curve to the left an arc distance of 50.47 ft. to the end of a chord which bears N. 640- 47' -51" E. and a distance of 48.99 ft.; thence around a 60.00 ft. radius curve to the right an arc distance of 144.76 ft. to the end of a chord which bears S. 70 °- 04' -02" E. and a distance of 112.12 ft. to the northwest corner of Lot 18 of the recorded plat of Toll Road Industrial Park, Section 6; thence S. 000- 56' -57" E., 604.73 ft. to the southeast corner of Lot 17 of the Toll Road Industrial Park, Section 6; thence crossing Lot 18 of said Section 6, N. 88 °- 53' -36" E., 930.91 ft. to the East line of said Section 21; thence along the said East line S. 00 °- 45' -45" E., 338.81 ft. to the east quarter post of said Section; thence S. 010- 00' -44" E. along the East line of said section, 585.04 ft.; thence N. 890- 44' -31" E., 1219.94 ft. to the Centerline of Portage Road; M GULAR- MEETING _ _ OCTOBER-8-;--1-9r9,0. _ thence S. 210- 44' -25" E. along said line, 292.53 ft.; thence S. O10- 02' -54" E. along the East line of the West half of the Southwest quarter of said section 22, 985.05 ft. to the South line of Maple Road; thence along said line, S. 42 °- 23' -52" W., 526.67 ft. and S. 030- 23' -52" W., 50.53 ft. to the Northerly Right of Way line of Cleveland Road; thence along said line N. 620- 25' -23" W., 181.03 ft.; thence N. 680- 12' -15" W., 345.89 ft. and N. 560- 02' -56" W., 410.00 ft. and N. 770- 22' -14" W., 148.56 ft. to a Point on the East line of said Section 21; thence continuing along said line, N. 680- 46' -15" W., 838.81 ft. thence around a 4463.66 ft. Radius curve to the Right an arc distance of 732.25 ft. to the end of a chord which bears N. 550- 47' -07" W. and having a distance of 731.43 ft. and N. 510- 06' -33" W., 725.43 ft. and around a 4705.21 ft. Radius curve to the Left an arc distance of 870.48 ft. to the end of a chord which bears N. 560- 22' -04" W. and having a distance of 869.24 ft.; thence N. 00 °- 56' -12" W. along the North and South quarter line of said Section, 98.76 ft. to the Point of Beginning. Containing 170.005 Acres. more or less. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. That the Common Council for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Exhibit B, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This Resolution should be in full force and effect upon its adoption by the Common Council and approved by the Mayor. Adopted this day of _- , 1990. s /Thomas Zakrzewski Member, Common Council A public hearing was held on the resolutions at this time. Council Member Coleman made a motion to combine both bills for the purpose of public hearing, seconded by Council Member Puzzello. The motion carried. Council Member Luecke made a motion to amend Resolution No. 1810 -90, seconded by Council Member Coleman. The motion carried. Jon Hunt, Director Economic Development made the presentation on the resolutions. He indicated that the resolutions would allow for the adoption of a written fiscal plan and establishing a policy for the provision of services to annexed areas. He stated that the areas within the annexation are planned for the development as part of the City's Airport 2010 project. Dave Norris, Economic Development Specialist, Department of Economic Development spoke regarding the fiscal plans for the resolutions. He stated that the fiscal plans were developed through the cooperative efforts of the City of South Bend's Controller's Office, Department of Public Works, Police Department, Fire Department, Department of Neighborhood Code Enforcement, and the Department of Public Works, represents the City's policy for the annexation of the property located north of Cleveland Road in German Township, St. Joseph County. Council Member Slavinskas made a motion to adopt Resolution No. 1810 -90 as amended, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. Council Member Coleman made a motion to adopt Resolution No. 1811 -90, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of eight ayes. OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, October 8, 1990, at 7:40 p.m., with eight members present. Chairman Coleman presiding. BILL NO. 53 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT APPROXIMATELY 153 FEET EAST OF THE PRAIRIE AVENUE AND LOCUST ROAD INTERSECTION ON THE SOUTH SIDE OF PRAIRIE AVENUE. 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 i 00 - - -- - --- -:------OCTOBER- 8 1990 - -- made a motion to amend this bill, seconded by Council Member Niezgodski. The ; motion carried. Council Member Slavinskas stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable as amended. John Byorni, Planner, Area Plan gave the staff report. Bernie Feeney, 715 S. �i Michigan St. made the presentation on the bill. He indicated that he is representing the property owners Mr. & Mrs. Luan. He stated that the rezoning would allow for the construction of a small shopping area. Council Member Voorde made a motion to recommend this bill favorable, as amended to Council, seconded by'', Council Member Puzzello. The motion carried. BILL NO. 67 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1319 N. IOWA STREET IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke made a,' motion to amend this bill, seconded by Council Member Niezgodski. The motion carried. Council Member Slavinskas stated that the Zoning & Vacation Committee met on this bill and recommends it to Council favorable, as amended. John Byorni, Planner, Area Plan gave the staff report. Lech Borysiak, 17585 Juday Lake Dr., made the presentation on the bill. He indicated that the contingent purchasers are Mr. & Mrs. Charles Lord, 2001 Pritchard Dr., Niles, MI 49120. He indicated that j the rezoning would allow for the construction of a machine shop with fourteen (14). operating employees. Council Member Zakrzewski made a motion to recommend this bill to Council favorable, as amended, seconded by Council Member Puzzello. The motion carried. BILL NO. 79 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A LEASE FOR CERTAIN LAND AND PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION. 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 Voorde made a'' motion to amend this bill, seconded by Council Member Zakrzewski. The motion carried. Council Member Luecke stated that the Human Resources and Economic Development Committee made no recommendation on this bill. Ann Kolata, Redevelopment Director City of South Bend, made the presentation on the bill. She indicated that the lease allows for certain land and public improvements in the Airport Economic Development Area. She stated that the lease establishes a maximum semi - annual rental payment of $900,000.00. She stated that this amount is an estimate and will be lowered after bids are received for the construction and public improvements. She stated that Tax Increment Finance funds will be used to make the lease payments. Council Member Luecke made a motion to recommend this bill to Council favorable, as amended, seconded by Council Member Puzzello. The motion carried. BILL NO. 80 -90 A BILL ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THERETO. BILL NO. 81 -90 A BILL ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THERETO. 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 Zakrzewski made a motion to combine both bills, for the purpose of public hearing, seconded by Council Member Luecke. The motion carried. Council Member Zakrzewski made a motion to amend Bill No. 81 -90, seconded by Council Member Niezgodski. The motion carried. Council Member Slavinskas stated that the Zoning & Vacation Committee met on these bills and recommends Bill No. 80 -90 favorable and Bill No. 81 -90 favorable as amended. Dave Norris, Economic Development Specialist made the presentation on the bills. He stated that both bills are affiliated with the development as a part of the Airport 2010 project. Council Member Luecke made a motion to recommend Bill No. 80 -90 to the Council favorable, seconded by Council Member Slavinskas. The motion carried. Council Member Puzzello made a motion to recommend Bill No. 81 -90 to the Council favorable, as amended, seconded by Council' Member Luecke. The motion carried. BILLS THIRD READING ORDINANCE NO. 8129 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT APPROXIMATELY 153 FEET EAST OF THE PRAIRIE AVENUE AND LOCUST ROAD INTERSECTION ON THE SOUTH SIDE OF PRAIRIE AVENUE. This bill had third reading. Council Member Puzzello 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 this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8130 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1319 N. IOWA STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Niezgodski made a motion to amend this QUA bill, as amended in the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of six ayes and two nays (Council Members Luecke and Coleman.) ORDINANCE NO. 8131 -90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A LEASE FOR CERTAIN LAND AND PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION. 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 Coleman made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of seven ayes and one nay (Council Member Slavinskas.) ORDINANCE NO. 8132 -90 AN ORDINANCE ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THERETO. This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8133 -90 AN ORDINANCE ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THERETO. This bill had third reading. Council Member Puzzello 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 Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 1812 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 419 SOUTH MAIN, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR THE BRIARWOOD SOUTH BEND PARTNERSHIP. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 419 S. Main, South Bend, Indiana, and which is more particularly described as follows: Lot 40 and N 44' of Lot 41 Martins Addition to City of South Bend, Indiana. 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 section 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS , the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et se g., and qualifies under the provision of South Bend Municipal Code Section 2 -76 et seq., for tax abatement SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation. C. That 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 redevelopment or rehabilitation; D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described °02 redevelopment or rehabilitation; and E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. SECTION III. The Common Council 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 Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of t 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 three (3) 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, 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 i adoption by the Common Council and approval by the Mayor. s /Thomas Zakrzewski A public hearing was held on the resolution at this time. Council Member Luecke made a motion to amend this bill, he stated that a correction in the title of the resolution should be made to read Briarwood South Bend Partnership, seconded by Council Member Coleman. The motion carried. Council Member Luecke stated that the Human Resources and Economic Development Committee met on this bill and recommends it to the Council favorable, as amended. Thomas McCalley, Carmel, IN, made the presentation on the bill. He stated that the project will consist of the construction of an 8,000 sq. ft. single story office building. He stated that the building will be used by the local Social Security Administration Office. He indicated that the Social Security Administration Office lease is not being renewe< at their current location. He indicated that the project will maintain 36 existin( permanent full -time jobs and that the estimated dollar value of the project is $400,000.00. Council Member Puzzello made a motion to adopt this resolution as amended, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. 90 -52 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 715 WEST IRELAND ROAD, SOUTH BEND, INDIANA 46614 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR THE CONSTRUCTION OF A REDI -MIX CONCRETE PLANT BY TRANSIT -MIX, INC., AN INDIANA CORPORATION. 90 -53 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN A 715 WEST IRELAND ROAD, SOUTH BEND, INDIANA 46614 TO BE AN ECONOMI( REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR THE CONSTRUCTION OF A REDI -MIX CONCRETE PLANT BY TRANSIT -MIX, INC., AN INDIANA CORPORATION. Council Member Luecke made a motion to continue the above mentioned bills to the October 22, 1990 meeting, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1813 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 710 - 720 SOUTH FELLOWS STREET, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 6 YEAR REAL PROPE TAX ABATEMENT FOR THE TECH CENTRE BUILDING. 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 710 - 720 South Fellows Street, South Bend, Indiana and which is more particularly described as follows: Lots 59 - 64 & 67 - 72 Rush's 4th Add. & 14' Vac Alley & 27.5' x 239.53' vac. Rush St. known as parcel #11 Monroe - Sample Redevelopment Area. 103 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 has determined 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 it Declaratory Resolution - designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real Property Tax Abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of three (3) years. 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 /Thomas Zakrzewski A public hearing was held on the resolution at this time. Council Member Slavinskas made a motion to amend this bill, by changing the number of years in the title and in Section II to three (3) years, seconded by Council Member Soderberg. The motion carried. William Panzica, 422 E. Monroe St. made the presentation on the bill. He stated that the petitioner proposes to construct a 6,400 square foot building to be used for a warehouse distribution center for Smithkline Beecham Animal Health Products. He stated that the project will create six (6) new permanent full time jobs within the first year with an annual payroll of $108,000 and will maintain nine (9) existing permanent full time jobs with an annual payroll of $162,000. He indicated that the total project cost is expected to be $300,000.00. Council Member Luecke stated that the Clerk's Office has received written confirmation from the petitioner to work with the Employment Training Service. RESOLUTION NO. 1814 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 2424 NORTH FOUNDATION DRIVE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR NIMET INDUSTRIES, INC. WHEREAS, a petitioner 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 2424 North Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in part of the South Half of Section 28, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of said Section ; thence North 90 degrees 00 minutes 00 seconds West 2642.71 feet to the southeast corner of the Southwest Quarter of said Section; thence South 89 degrees 57 minutes 33 seconds West 171.27 feet; thence North 0 degrees 00 minutes 47 seconds East 528.56 feet; thence South 89 degrees 59 minutes 13 seconds East 40 feet to the point of beginning of this description; thence North 0 degrees 00 minutes 47 seconds East 375.00 feet; thence South 89 degrees 59 minutes 13 seconds East 450.00 feet. thence South 0 degrees 00 minutes 47 seconds West 375.00 feet; thence North 89 degrees 59 minutes 13 seconds West 450.00 feet to the point of beginning and containing 3.874 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. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et se g., 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 Section 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: 0-4 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 I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et se g., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation. C. That 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 redevelopment or rehabilitation; D. 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 E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the Statement of Benefits set forth in 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 Section 6 -1.1- 12.1 -3 of the Indiana Code. 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 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 three (3) 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, 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 /Thomas Zakrzewski Member of the Common CouncilRESOLUTION NO. 1815 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2424 NORTH FOUNDATION DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR NIMET INDUSTRIES, INC. WHEREAS, a petition for personal property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, requesting that the area commonly known as 2424 North Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in part of the South Half of Section 28, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of said Section ; thence North 90 degrees 00 minutes 00 seconds West 2642.71 feet to the southeast corner of the Southwest Quarter of said Section; thence South 89 degrees 57 minutes 33 seconds West 171.27 feet; thence North 0 degrees 00 minutes 47 seconds East 528.56 feet; thence South 89 degrees 59 minutes 13 seconds East 40 feet to the point of beginning of this description; thence North 0 degrees 00 minutes 47 seconds East 375.00 feet; thence South 89 degrees 59 minutes 13 seconds East 450.00 feet; thence South 0 degrees 00 minutes 47 seconds West 375.00 feet; thence North 89 degrees 59 minutes 13 seconds West 450.00 feet to the point of beginning and containing 3.874 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. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et se g., and South Bend Municipal section 2 -76 et seq., and; 105 - - -- - - - -- - - -- _ -_= OCTOBER 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 section 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and; WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petitioner for Personal Property Tax Abatement and Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6- 1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation. C. That 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 redevelopment or rehabilitation; D. 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 E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the Statement of Benefits set forth in 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 Section 6 -1.1- 12.1 -3 of the Indiana Code. 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 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 five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published, 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 /Thomas Zakrzewski A public hearing was held on the resolution at this time. Council Member Luecke made a motion to combine both resolutions for the purpose of public hearing, seconded by Council Member Coleman. The motion carried. Council Member Luecke stated that the Human Resources and Economic Development Committee met on these bills and recommends them to Council favorable. Ernest Szarwark, Attorney, Barnes & Thornburg, 600 1st Source Bank Center made the presentation on the bill. He stated that the petitioner proposes to expand its present facility for the use of additional manufacturing space. He indicated that the expansion will also include the purchase of new manufacturing equipment. He stated that the project will create ten (10) new, permanent full time jobs within the first year with an annual payroll of $145,000 and will maintain sixty (60) existing permanent full time and three (3) existing permanent part time jobs with an annual payroll of $1,313,700. He indicated that the total project cost is estimated at $258,000 including equipment. Council Member Puzzello made a motion to adopt Resolution No. 1814 -90, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of six ayes and two nays (Council Members Luecke and Voorde.) Council Member Luecke made a motion to adopt Resolution No. 1815 -90, seconded by Council Member 166 BILLS. FIRST READING BILL NO. 82 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY DESCRIBED AS PARCEL 1: THE 264.87 ACRES KNOWN AS THE TOLL ROAD INDUSTRIAL PARK LOCATED GENERALLY AT THE NORTHWEST CORNER OF NEW CLEVELAND ROAD AND MAPLE /PORTAGE ROADS; PARCEL 2: THE 489.5 ACRES GENERALLY BOUNDED BY OLIVE ROAD ON THE WEST, THE MICHIANA REGIONAL AIRPORT ON THE EAST, U.S. 20 ON THE SOUTH, AND OLD CLEVELAND ROAD ON THE NORTH, IN 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 Luecke. The motion carried. BILL NO. 83 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE I NORTHEAST CORNER OF PORTAGE ROAD AND CLEVELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 84 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING FUNDS FROM THE LEAF COLLECTION AND REMOVAL SERVICES OPERATIONAL FUND. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing and third reading October 22, 1990, seconded by Council Member Voorde. The motion carried. BILL NO. 85 -90 A BILL AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE TO ADD ARTICLE 2 THEREUNDER, ENTITLED "CURFEW." This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading October 22, 1990, seconded by Council Member Voorde. The motion carried. BILL NO. 86 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 4 OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "OFFENSES AGAINST PUBLIC PEACE AND SAFETY." This bill had first reading. Council Member Luecke made a motion to set this bill ' for public hearing and third reading October 22, 1990, seconded by Council Member Voorde. The motion carried. UNFINISHED BUSINESS NEW BUSINESS Council Member Slavinskas asked Council Attorney Kathleen Cekanski - Farrand to research curfew ordinance for the City of Mishawaka and St. Joseph County. PRIVILEGE OF THE FLOOR ADJOURNMENT There being no further business to come before the Council, unfinished or new, Council Member Niezgodski made a motion to adjourn, seconded by Council Member Coleman. The motion carried and the meeting was adjourned at 8:50 p.m. ATTEST: APPROVED: City Clerk