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HomeMy WebLinkAbout05-20-91 Council Meeting MinutesREGULAR MEETING MAY 20, 1991 Council Chambers of the County -City Building on Monday, May 20, 1991, 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 and Ladewski Absent: Council Member 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 April 22, 1991 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Tom Zakrzewski /s /Don Niezgodski Council Member Coleman made a motion that the minutes of the April 22, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Ladewski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1865 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE E CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS 4 -H FAIRGROUNDS, SOUTH BEND SHRINE CIRCUS WHEREAS, Indiana Code, 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code, 5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval: and WHEREAS, the Common Council has a period of thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council, in which to take formal action; and WHEREAS, if it approves a Petition, the Common Council, must make the determination in writing as required by Indiana Code, 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that it grant an exception to allow a circus in "A" residential area. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code, 5- 14- 1.5 -5. Section I. Following presentation by the Petitioner, and proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, Appeal No. 3594 , a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of indentification as Exhibit A. Section III. The Common Council finds that: (1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community; (2) The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; (3) The need for the special exception arises from some conditions peculiar to the property involved; (4) The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which the special exception is sought; and (5) The approval does not interfere substantially with the comprehensive plan adopted by the City Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are attached hereto and incorporated herein and marked for purposes of identification as Exhibit B. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke REGULAR MEETING MAY 20, 1991 made a motion to amend this bill in paragraph 4 by adding "an circus in "A" residential area. ", seconded by Council Member Slavinskas. The motion carried. David Laflin, 529 Chamberlin Dr., made the presentation for the resolution. He indicated they were planning to hold their annual circus at the fairgrounds June 7 and 8th. Council Member Slavinskas made a motion to adopt this resolution, as amended, seconded by Council Member Zakrzewski. The resolution passed by a roll call vote of eight ayes. RESOLUTION NO. 1866 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS 4 -H FAIRGROUNDS, SUNRISE PROMOTIONS, INC. WHEREAS,Indiana Code., 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code , 5- 14- 1111.5 -5 of its intention to consider Petitions fro the Board of Zoning Appeals for approval or disapproval: and WHEREAS, the Common Council has a period of thirty (30) days after the Board o Zoning Appeals makes its recommendation to the Council, in which to take formal action; and WHEREAS, if it approves a Petition, the Common Council, must make the determination in writing as required by Indiana Code, 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that it grant an exception to allow an antique show on "A" residential area. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The Common Council has provided notice of the hearing on the Petitio from the Board of Zoning Appeals pursuant to Indiana Code, 5- 14- 1.5 -5. Section II. Following presentation by the Petitioner, and proper public hearing, the common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, Appeal No, 3591, a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of indentification as Exhibit A. Section III. The Common Council finds that: (1) The approval will not be injurious to the public health, safety, morals, anc general welfare of the community; (2) The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; (3) The need for the special exception arises from some conditions peculiar to the property involved; (4) The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which the special exception is sought; and (5) The approval does not interfere substantially with the comprehensive plan adopted by the City. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are attached hereto and incorporated herein and marked for purposes of indentification as Exhibit B. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke made a motion to amend this bill in the fourth paragraph by adding "an antique show in "A" residential area. ", seconded by Council Member Coleman. The motion carried. David Merkin, attorney, made the presentation for the resolution. He indicated thi: resolution will allow for the August show at the fairgrounds. Council Member Luecke made a motion to adopt this resolution, as amended, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1867 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT THE ST. JOSEPH COUNTY COMMISSIONERS ESTABLISH A VETERANS SERVICE OFFICE FOR ST. JOSEPH COUNTY WHEREAS, the City of South Bend acknowledges that only five (5) out of ninety -two (92) Counties in the State of Indiana do not have a Veterans Service Office; and WHEREAS, all Counties adjacent to St. Joseph County, namely Elkhart,,LaPorte, and Marshall, have a Veterans Service Office providing assistance to all Veterans within their County; and WHEREAS, St. Joseph County has approximately thirty thousand (30,000) Military Veterans with over one -half (1/2) of that number over the age of fifty -fi (55); and 197 REGULAR MEETING MAY 20, 1991 WHEREAS; the need for a full time Veterans Service Office in St. Joseph County is readily apparent so that all of our eligible Veterans may be aware of the benefits and other opportunities available to them; and WHEREAS, it is the understanding of the City of South Bend, that in order for such and Office to be created that it must be initiated by the Board of Commissioners of St. Joseph County; and WHEREAS; the City of South Bend believes that the quality of life for our Veterans may be greatly enhanced by the services provided by a Veterans Service Office in St. Joseph County. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The Common Council of the City of South Bend, Indiana recommends that the Board of Commissioners of St. Joseph County create a Veterans Service Office in St. Joseph County. Section II. The City of South Bend recommends that the Board of Commissioners and the St. Joseph County Council provide the necessary funding for such a County Office in the 1992 County Budget. Section III. The City of South Bend believes that the more than thirty thousand (30,000) Veterans residing within St. Joseph County and their immediate families would greatly benefit by the services and opportunities made available through such an Office. Section IV. 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 s/ Ann Puzzello Stephen Luecke, First District Ann Puzzello, Fourth District /s /Donald Niezgodski /s/ Linas Slavinskas Donald Niezgodski, Second District Linas Slavinskas, Fifth District /s/ William Soderberg /s/ Thomas Zakrzewski William Soderberg, Third District Thomas Zakrzewski, Sixth District /s/ Sean Coleman /s/ Loretta Duda Sean Coleman, At Large Loretta Duda, At Large /s/ Irene K. Gammon City Clerk /s/ Eugene Ladewski Eugene Ladewski, At Large /s /Joseph E. Kernan Mayor A public hearing was held on the resolution at this time. Council Member Niezgodski made the presentation for the resolution. He read the resolution. He indicated several veterans organizations had expressed their concern about not having a service office in St. Joseph County. Anthony Sims, 25471 Cleveland Rd., spoke in favor of this resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Soderberg. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Soderberg. 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 May 20, 1991 at 7:18 p.m., with eight members present. Vice President Puzzello presiding. ORDINANCE NO. 8182 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED BETWEEN 3425 LINCOLN WAY WEST AND 3427 LINCOLN WAY WEST IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas reported the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. He made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Luecke. The motion carried. John Byorni, Area Plan, gave the staff report, which was favorable. Jack Hofferth, Alpha Realty, made the presentation for the bill. He indicated this zoning was being requested to allow for a drive -in restaurant. He said there will be no "C" zoning of the property on Elwood. Council Member Coleman made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Niezgodski. The motion carried. 19 REGULAR MEETING MAY 20, 1991 ORDINANCE NO. 8183 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF JACKSON ROAD AND MIAMI 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 Slavinskas reported the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. He made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Niezgodski. The motion carried. John Byorni, Area Plan, gave the staff report, which was favorable. Bernard Feeney, land surveyor, made the presentation for the bill. He indicated they planned to construct single family homes and condominiums, as well as multi family condominiums. He indicated the adjacent single family homes would be buffered by single family homes in this project. He reviewed the drainage plans, which he indicated were 2.3 times more capacity than under the County's plan. Council Member Slavinskas made a motion to recommended this bill to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried. ORDINANCE NO. 8184 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1001 HICKORY ROAD 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 the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, gave the staff report, which was favorable. Patrick Brown, a representative of SiteScapes, made the presentation for the bill. He indicated they planned to construct professional offices. Council Member Coleman made a motion to recommend this bill to the Council favorably, seconded by Council Member Ladewski. The motion carried. ORDINANCE NO. 8185 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FROM THE MORRIS CIVIC CAPITAL IMPROVEMENT 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 the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. Katie Humprhreys, Controller, made the presentation for the bill. She indicated this appropriation would be used for architectural work for the renovation of the Morris Civic Complex. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Luecke. The motion carried. ORDINANCE NO. 8186 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FROM THE STANLEY COVELESKI REGIONAL STADIUM 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 the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. Jennie Pitts- Mainer, Assistant City Clerk, made the presentation for the bill. She indicated this appropriation would be used for capital improvements to the stadium, incuding repairs to the lighting system and improving the irrigation system. Council Member Coleman made a motion to recommend this bill to the Council favorably, seconded by Council Member Ladewski. The motion carried. ORDINANCE NO. 8187 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "VEHICLES AND TRAFFIC ". 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 the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. Sgt. Moon, police department, made the presentation for the bill. He indicated this bill would allow the Civil Defense Officers to issue parking tickets. He indicated they currently are very helpful in many duties, including directing traffic, but it would be very helpful if they had the power to issue tickets. Council Member Coleman made a motion to recommend this bill to the Council favorably, seconded by Council Member Luecke. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Soderberg made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: 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 8:20 p.m. Council President Niezgodski presiding and eight members present. 199 REGULAR MEETING BILLS. THIRD READING MAY 20, 1991 ORDINANCE NO. 8182 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED BETWEEN 3425 LINCOLN WAY WEST AND 3427 LINCOLN WAY WEST IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Slavinskas. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Luecke. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8183 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF JACKSON ROAD AND MIAMI STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Slavinskas made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas made a motion to pass the bill, as amended, seconded by Council Member Luecke. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8184 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1001 HICKORY ROAD IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Luecke. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8185 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FROM THE MORRIS CIVIC CAPITAL IMPROVEMENT FUND. This bill had third reading. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Luecke. The bill passed by a roll call vote of seven ayes and one nay (Council Member Slavinskas.) ORDINANCE NO. 8186 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FROM THE STANLEY COVELESKI REGIONAL STADIUM FUND. This bill had third reading. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Luecke. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8187 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "VEHICLES AND TRAFFIC ". This bill had third reading. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Luecke. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 1868 -91 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 113 EAST WAYNE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR 113 EAST WAYNE STREET 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 113 East Wayne and which is more particularly described as follows: 113 East Wayne Street in the City of South Bend, in St. Joseph County, Indiana, comprising the east 75 feet of Lot 53 and the east 75 feet of the south one -half of lot 54, all as shown on the Original Plat of the Town, new City, of South Bend, 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. 41 REGULAR MEETING I I NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real Property Tax Abatement only and is limited to two (2) calendar years from the date of adoption of the Resolution formally amending the Declaratory Resolution No. 1681 -88 by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted Real Property Tax deduction for a period of ten (10) years. Section III. The Common Council hereby acknowledges that the original Declaratory Resolution was adopted by the Common Council on December 12, 1988 through Resolution No. 1681 -88. The Council further acknowledges that Resolution No. 1681 -88 was formerly amended on April 22,1991 to reflect the fact that the petitioner has complied with the Common Council requirement to have a leasehold tenant for the property before the Confirmatory Resolution be formally acted upon by the Council. In light of the time needed to procure a tenant for said property, the original Declaratory Resolution was formally amended to extend the period of time for such designations as a Real Property Tax Abatement area. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and by approval by the Mayor. /s /Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke made a motion to amend this resolution to reflect a ten year abatement, seconded by Council Member Coleman. The motion carried. Bill Mitchell, agent for the owner and Academy Beauty College made the presentation for the resolution. He indicated they planned to open this beauty college in conjunction with Ivy Tech. 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 eight ayes. RESOLUTION NO. 1869 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 714 S. MAIN STREET, SOUTH BEND, INDIANA 46618 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, 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 814 S. Main St., South Bend, Indiana, and which is more particularly described as follows: PARCEL I; All of Lots Numbered One Hundred Nine (109) and One Hundred Ten (110) as shown on the recorded Plat of Daniel Garst's 1st addition to South Bend City, now within and a part of the City of South Bend. PARCEL II; All of Lots Numbered Two Hundred Fifty -seven (257) and Two Hundred Fifty -eight (258) as shown on the recorded Plat of Daniel Garst's Subdivision of a part of his 1st addition to South Bend City, now a part of the City of South Bend. PARCEL III; All of Lots Numbered Two Hundred Eleven (211) and Two Hundred Twelve (212) as shown on the recorded Plat of Daniel Garst's 1st addition to the South Bend City, now within and a part of the City of South Bend. PARCEL IV. Beginning at the Northwest corner of Lot Two Hundred Twenty (220) in Garst's First addition to South Bend City now within and a part of the City of South Bend, Indiana, as recorded in Plat Book 3, page 41 in the Office of the Recorder of St. Joseph County, Indiana, said beginning point being the intersection of the South line of said vacated 14 foot alley with the East right -of -way line of Main Street as now exist: thence North 000'00" East (bearing assumed) along said East right -of -way line of Main Street, a measured distance of 52.13 feet to the South line of the North 30.00 feet of said Lot Two Hundred Sixty (260); thence North 8957'40" East along said South line and parallel with the North line of said Lot 260, a measured distance of 200.37 feet to the East line of Lot Two Hundred Twelve (212) in Garst's First addition; thence South 010'21" West along the East line of said Lot 212, a measured distance of 51.93 feet to the Northeast corner of Lot Two Hundred Thirteen (213) in said Garst's First addition being also the Southeast corner of a 14 foot alley vacated by Vacation Resolution 3444; thence South 8956' 20" West along the South line of said vacated 14 foot alley, a measured distance of 200.25 feet to the place of beginning. PARCEL V; All of Lots Numbered Two Hundred Thirteen (213), Two Hundred Fourteen (214), Two Hundred Fifteen (215), Two Hundred Sixteen (216), and the East 10 feet of Lot Numbered Two Hundred Seventeen (217) all as shown on the recorded Plat of Daniel Garst's 1st addition of South Bend City, now within and a part of 4d REGULAR MEETING MAY 20, 1991 the City of South Bend, excepting therefrom the South 25 feet thereof. PARCEL VI; All of Lots Numbered Two Hundred Eighteen (218), Two Hundred Nineteen (219), and Two Hundred Twenty (220), and the West 15 feet of Lot Numbered Two Hundred Seventeen (217) all as shown on the recorded Plat of Daniel Garst's 1st addition to South Bend City, now within and a part of the City of South Bend, excepting therefrom the South 24.5 feet thereof. and this property has Key Number 18 3042 1621, 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 2222 -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 expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will 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 I. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement 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. /s/ Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Bipin Doshi, President, made the presentation for the resolution. He indicated they planned to purchase new equipment in order to upgrade their plant and be more cost effective. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. Council Member Luecke made a motion to combine public hearing on the new two resolutions, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION 1870 -91 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS (4622 BURNETT DRIVE SOUTH) TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (THREE) YEAR REAL PROPERTY TAX ABATEMENT FOR Sm.Or. CASES, INC. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4622 Burnett Drive South and which is more particularly described as follows: Lot Numbered Seven A (7a) as shown on the recorded Plat of Burnett Industrial Park Replat, recorded July 10, 1990 in the Office of the Recorder of St. Joseph County, Indiana, as Office of the Recorder of St. Joseph County, as Instrument No. 9018191. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public 202 REGULAR MEETING MAY 20, 1991 hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12- .1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows. Section I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of three (3) years. 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 /Donald Niezgodski Member of the Common Council RESOLUTION NO. 1871 -91 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS (4622 BURNETT DRIVE SOUTH ) TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Sm.Or. CASES, INC. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4622 Burnett Drive South and which is more particularly described as follows: Lot Numbered Seven A (7) as shown on the recorded Plat of Burnett Industrial Park Replat, recorded July 10, 1990 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 9018191. 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 purpose of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years. 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 /Donald Niezgodski Member of The Common Council A public hearing was held on the resolutions at this time. Jim Watts, a representative of Sm.or Cases made the presentation for the resolution. He indicated they planned to construct a new building and move their entire operation into this facility. He indicate five new jobs will be created. Council Member Luecke made a motion to adopt resolution 91 -39, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of eight ayes. Council Member Zakrzewski made a motion to adopt resolution 91 -40, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of eight ayes. REGULAR MEETING RESOLUTION NO. 1872 -91 MAY 20, 1991 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND FINDING NECESSARY THE LEASE OF REAL PROPERTY BY THE EMPLOYMENT AND TRAINING SERVICES OF ST. JOSEPH COUNTY (A /K /A WORKFORCE DEVELOPMENT SERVICE OF NORTHERN INDIANA) WHEREAS, the Governor of the State of Indiana, has directed that employment and training services funded through the Job Training Partnership Act of 1982, as amended, and the Wagner - Peyser Act, as amended, in St. Joseph and Elkhart Counties by consolidated; and WHEREAS, Frank O'Bannon, Lieutenant Governor of the State of Indiana, in his directive of March 16, 1989, entitled "Challenge of Indiana's Employment and Training System," directed that "services financed by Wagner - Peyser, JTPA and related programs under the control of (the Indiana State Department of Employment and Training Services) will be delivered from shared facilities;" and WHEREAS, the name of Employment and Training Services of St. Joseph County will be changed to Workforce Development of Northern Indiana to reflect the merger and blending of offices as of July 1, 1991. WHEREAS, the Administrative Offices of Elkhart County NIJA are being relocated to St. Joseph County and the offices are currently located at 115 North Williams Street and 203 South Williams Street will not provide enough adequate space for the combination of administration. WHEREAS, an additional ninety -five hundred (9,500) square feet of office space, beyond that provided by these buildings, is needed to house all WDS administrative functions; and WHEREAS the building located at 425 North Michigan Street, South Bend, comprising approximately 9,500 square feet, is or will soon be vacated by its current tenant and is available for lease at terms financially agreeable to and feasible for WDS; and WHEREAS, Section 36- 1 -1f -7 of the Indiana Code requires a determination by this body and by the St. Joseph County Council and the Common Council of the City of Mishawaka that the lease of the premises at 425 North Michigan, South Bend, by WDS is necessary prior to the effectuation of such a lease; and NOW, THEREFORE, BE IT RESOLVED THAT: Section I. The Common Council of the City of South Bend has considered and hereby determines it necessary that the Employment and Training Services of St. Joseph County (A /K /A Workforce Development Services of Northern Indiana) enter into an agreement for the lease of the space at 425 North Michigan Street, South Bend, in order to house WDS staff and operations, in order to ensure the continued, smooth and uninterrupted provision of services of ETS, and in order to comply with Section 22- 4 -18 -1 et seg. of the Indiana Code and the March 16, 1989 directive of Lieutenant Governor Frank O'Bannon. Section II. This resolution shall be in full force and effect upon its passage by the Common Council. /s/ Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Juan Manigault, Director of the Employment and Training, made the presentation for the resolution. He indicated they planned to move to a larger space, and it was necessary that the Council approve this new lease arrangement. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. BILL NO. 29 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EWING AVENUE AND IRONWOOD ROADS, IN THE CITY OF SOUTH BEND, INDIANA, FOR MERVIN AND DELORIS PURSER. This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 30 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE TRANSFER OF PROPERTY AT 1733 EAST NORTHSIDE BOULEVARD FROM THE PARK DEPARTMENT /PARR BOARD TO THE CITY OF SOUTH BEND. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Parks Committee and set it for public hearing and second reading June 10, seconded by Council Member Coleman. The motion carried. 204, REGULAR MEETING MAY 20, 1991 BILL NO. 31 -91 A BILL APPROPRIATING $65,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Human Resources Committee and set it for public hearing and second reading June 10, seconded by Council Member Puzzello. The motion carried. BILL NO. 32 -91 A BILL APPROPRIATING $50,000 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF FUNDING AN ENTERPRISE DEVELOPMENT FUND. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Human Resources Committee and set it for public hearing and second reading . June 10, seconded by Council Member Puzzello. The motion carried. PRIVILEGE OF THE FLOOR Jan White, 1454 Catherwood, spoke regarding her case before the Human Rights Commission. Allen White, 1454 Catherwood, spoke regarding this wife's case before the Human Rights Commission. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Ladewski. The motion carried and the meeting was adjourned at 8:50 p.m. ATTEST: � 1 � City Clerk