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HomeMy WebLinkAbout04-13-92 Council Meeting MniutesREGULAR MEETING APRIL 13, 1992 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, April 13, 1992, 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, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Duda, Coleman 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 March 16 and March 23, 1992 meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Steve Luecke /s /Loretta Duda Council Member Duda made a motion that the minutes of the March 16 and March 23, 1992 meetings of the Council be accepted and placed on file, seconded by Council Member Washington. The motion carried. SPECIAL BUSINESS Council Member Coleman made a motion to set the next meeting for Tuesday, April 28, at 3:30 p.m., seconded by Council Member Duda. The motion carried. RESOLUTION NO. 1925 -92 A JOINT RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AND MAYOR JOSEPH E. KERNAN PROCLAIMING APRIL 20 -26, 1992, AS NATIONAL COMMUNITY DEVELOPMENT WEEK. WHEREAS, Mayor Joseph E. Kernan and the Common Council of the city of South Bend note the COMMUNITY DEVELOPMENT BLOCK GRANT has been a valuable asset to South Bend since 1975; and WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has operated since 1974 to provide local governments with the resources required to meet the needs of persons of low and moderate income; and WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT funds are used by thousands of neighborhood -based nonprofit organizations throughout the Nation to address pressing neighborhood and human service needs; and WHEREAS, in the last several years the Federal Government has reduced Federal assistance to local governments and nonprofit organizations; and WHEREAS, during this time of constricted Federal contributions to the task of meeting the needs of low and moderate income persons, the problems have grown as evidenced by the dwindling supply of affordable housing, the massive rise in homelessness, and the resurfacing of hunger and malnutrition; and WHEREAS, during this time of Federal withdrawal from responsibility, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has assumed increasing importance for meeting pressing community problems; and WHEREAS, the Congress and the Nation have often overlooked the critical value of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM and the significant number of organizations and projects that rely on its funds for support; and WHEREAS, the Congress of the United States has declared April 20 -26, 1992 NATIONAL COMMUNITY DEVELOPMENT WEEK and have called upon the President and all the people of the United States to observe the week with appropriate ceremonies and activities. NOW, THEREFORE, BE IT RESOLVED THAT Mayor Joseph E. Kernan and the Common Council of the City of South Bend, Indiana, proclaim April 20 -26, 1992 NATIONAL COMMUNITY DEVELOPMENT WEEK and call upon all citizens of our city to participate in ceremonies and activities celebrating the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. /s/ Stephen Luecke Member of the Common Council /s/ Joseph E. Kernan Mayor A public hearing was held on the resolution at this time. Council Member Kelly read the resolution. Beth Leonard, Economic Development spoke in favor of this X18 resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. REPORTS OF CITY OFFICES Council Member Slavinskas requested a report from the Controller's office regarding the Park Department's receipts far exceeding disbursements. He indicated that it their balance is high there is no need to consider additional funding. He also requested a report from the Fire Department on the compensatory time issue. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Kelly. 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 April 13, 1992 at 7:17 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 72 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF INWOOD AND IRONWOOD ROADS IN THE CITY OF SOUTH BEND, INDIANA, FOR LINDA GLAZIER, MADELINE KIRCHHEIMER KENDALL & KEVIN POWERS, ADMINISTRATORS FOR THE ESTATE OF FLORENCE C. KIRCHHEIMER, C/O BAKER & DANIELS, 205 W. JEFFERSON BLVD., SOUTH BEND, INDIANA 46601. 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 had no recommendation. John Byorni, Area Plan, indicated the petitioner was requesting this rezoning to allow for the construction of a physicians office. He indicated the Area Plan Commission had recommended this rezoning favorable. Robert Lee, attorney, made the presentation for the bill. He indicated the petitioners planned to build an 18,000 square foot medical facility on 7 acres of land. He indicated this was very low saturation for the land use. He indicated this facility would generate approximately 10 cars per hour. He presented a petition with 103 signatures in favor of this zoning. Phil Vitale, 1968 Denslow, spoke in favor of this rezoning. He asked that a traffic light be installed at Inwood and Ironwood. Ab Harrison, 3807 Ironwood; Dr. Gushwa, 302 S. Sunnyside; Martin Kleinman, 2050 E. Southernview, Mary Alberson, President of the Residential Council of St. Paul's; spoke in favor of this zoning. Bob King, 1958 E. Denslow and Donald Kotoske, 4104 Miami, spoke against the zoning. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 15 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 630 W. WASHINGTON STREET AND 124 S. SCOTT 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 that 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. He indicated they would be zoning to a site plan that specifies that this will be a Bed and Breakfast use. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Robert Miller, attorney, made the presentation for the bill. He indicated they were requesting a zoning classification of A -3 to allow for a bed and breakfast. He indicated this use would allow the home to retain its historic character, but would be a viable use. Dennis Moran, Near Northwest Neighborhood Association; Connie Blair, 1012 W. Washington; Noreen Moran, 716 E. Colfax, spoke against zoning. Council Member Zakrzewski made a motion to recommend this to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 21 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING BUTTERNUT ROAD FROM VACATED DOUGLAS ROAD NORTH TO CLEVELAND ROAD FOR A DISTANCE OF APPROXIMATELY 5320 FEET. Council Member Slavinskas made a motion to continue public hearing on this bill until April 28, seconded by Council Member Washington. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED 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 8:50 p.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8254 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF INWOOD AND IRONWOOD ROADS IN THE CITY OF SOUTH BEND, INDIANA, FOR LINDA GLAZIER, MADELINE KIRCHHEIMER KENDALL & KEVIN POWERS, ADMINISTRATORS FOR THE ESTATE OF FLORENCE C. KIRCHHEIMER, C/O BAKER & DANIELS, 205 W. JEFFERSON BLVD., SOUTH BEND, INDIANA 46601. This bill had third reading. Council Slavinskas made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. NO. 8255 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 630 W. WASHINGTON STREET AND 124 S. SCOTT STREET IN THE CITY OF SOUTH BEND, INDIANA. 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 Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to pass the bill, as amended, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. RESOLUTION NO. 1926 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS TO ALLOW ANTIQUE SALES, CAR SHOWS, RODEOS, THRIFT SALES AND CIRCUSES AT THE 4 -H FAIRGROUNDS. 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 for antique sales, car shows, rodeos, thrift sales and circuses in "A" residential. 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 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. 3645, a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of idenification 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 effects 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 Slavinskas reported that the Zoning and Vacation Committee had met on this resolution and recommended it to the Council favorable. Jim Boomhower, 5117 S. Ironwood, executive secretary for the 4 -H Fairboard Inc., made the presentation for the resolution. He indicated this would be a blanket resolution for all antique sales, car shows, rodeos thrift sales and circues. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1927 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING A CITY NEGOTIATING TEAM FOR POLICE AND TEAMSTERS NEGOTIATIONS. WHEREAS, the City of South Bend has determined that a unified effort would be in the City's best interest when addressing, through the negotiations process, such items as wages, salaries, fringe benefits, and working conditions; and WHEREAS, the Police Department Salary Ordinance and their Working Agreement, as well as the Teamster Wage Ordinance and their Collective Bargaining Agreement expire at the end of this calendar year; and WHEREAS, on April 1, 1992, the Board of Public Safety passed Resolution No. 7 -1992 which appointed a negotiating team to represent the Board regarding upcoming Police Department matters addressed in the Working Agreement; and WHEREAS, the Common Council and the City Administration jointly agree that a unified effort through a City Negotiating Team for Police and Teamster negotiations is the best and most positive approach for the City. NOW, THEREFORE, BE IS RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The Common Council of the City of South Bend, Indiana, hereby appoints the following individuals to the City Negotiating Team to represent the City of South Bend in the upcoming Police and Teamster Negotiations: Stephen Luecke Kevin Horton Kathleen Cekanski - Farrand Thomas L. Bodnar Ann Puzzello Eugene Ladewski Catherine Hubbard (Teamsters) John Leszczynski Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke Cleo Washington Roland Kelly Sean Coleman Irene K. Gammon, City Clerk Ann Puzze Linas Slavinskas Thomas Zakrzewski Loretta Duda Eugene Ladewski Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Luecke made the presentation. He indicated 1992 was the final year for South Bend Police Department and Teamsters salary ordinance. He indicted the a City Negotiating Team for both Police and Teamster negotiations is in the best interest of the City. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1928 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2950 WEST LATHROP AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR CONCRETE & ASPHALT RECYCLING, 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 2950 West Lathrop, South Bend, Indiana, and which is more particularly described as follows: X21 Five (5) acres more or less, located in the northwest quarter of the northwest quarter of Section 34, Township 38 North, Range 2 East, which is approximately 100 acres, in St. Joseph County, State of Indiana, commonly known as 29450 Lathrop, South Bend, Indiana. and this property has Key Number 18- 2109 -4960, 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.; 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 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 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. 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 abatement and hereby makes such a designation, 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 IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke 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 this bill and recommended it to the Council favorable. Pat Murphy, attorney, made the presentation. He indicated this company planned to purchase a crushing machine to be used to recycle asphalt and concrete to sell to construction companies for use as base material for road beds, etc. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1929 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND fl 22 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2629 FOUNDATION DR. AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR NATIONAL COMPOSITES, 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 2629 Foundation Dr., South Bend, Indiana, and which is more particularly described as follows: A parcel of real property in St. Joseph County, Indiana, being 316.80 feet North and South by 450.00 feet East and West, being a parcel of real property which is 211.27 feet West and 1,590.40 feet North of the Southeast corner of the Southwest Quarter of Section 28, Township 38 and Range 2 East. and this property has Key Number 25- 1010 - 040012, 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.; 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 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 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. 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 abatement and hereby makes such a designation, 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 IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly 6) C reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated this company planned to purchase a low pressure molding compounder, which will enable them to manufacture larger amounts of their product. He indicated this equipment is essential to their business. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to combine public hearing on the next two bills, seconded by Council Member Washington. The motion carried. RESOLUTION NO. 1930 -92 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 213 & 225 WEST COLFAX AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND TRIBUNE. 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 213 & 225 West Colfax, South Bend, Indiana, and which is more particularly described as follows: That part of Lots Numbered Two Hundred Twenty -six (226) Two Hundred Twenty -seven (227) and Two hundred Twenty -eight (228) as shown on the Original Plat of the Town, now City of South Bend, as recorded in the records of St. Joseph County, which is described as: Beginning at the Southwest corner of said Lot 228; thence North along the West line of Lots 226,227 and 228 in said plat 198.00 feet to the Northwest corner of said Lot 226; thence East along the North line of said Lot 226, 100.00 feet; thence south 139.90 feet; thence West 44.80 feet; thence South 8.0; feet; thence West 17.00 feet; thence South 50.10 feet to the North line of Colfax Avenue; thence West along said line and the South line of Lot 228, 3820 feet to the point of beginning. Commonly known as 213 West Colfax. The east and west alley north of Colfax Avenue and south of LaSalle Avenue running east from Lafayette Boulevard for a distance of 166 feet to the west side of an alley running north and south between Colfax venue and LaSalle Avenue in the City of South Bend, Indiana and being that alley located between Lots 231 and 232 as shown on the recorded Plat of the Town, now City of South Bend, St. Joseph County, Indiana. PARCEL 1 A part of Lot Numbered 234 in the Original Plat of the Town, now City of South Bend bounded by a line running as follows, viz: Beginning at the Northwest corner of said Lot, thence running east of the North line thereof 165 feet; thence South 50 feet; thence West on a line parallel with the North line of said lot to the West line of said Lot, 165 feet; thence North on said west line 50 feet to the place of beginning, beginning 50 feet front on North Lafayette Street by 165 feet deep along West Water Street (now LaSalle Street.) ALSO, A part of Lots 223 and 234 in the Original Plat of South Bend, bounded as follows: commencing 50 feet South of the Northwest corner of said Lot 234; thence South on the East line of Lafayette Street 62 feet, more or less; thence East 165 feet to the East line of said Lot 233; thence North 62 feet, more or less, to a point 50 feet South of the Northeast corner of said Lot 234; thence West to the place of beginning. Twenty -one (21) feet off the entire South side of Lot Numbered Two Hundred Thirty -Three (233) as shown on the Original Plat of the Town, now City, of South Bend, in St. Joseph County, in the State of Indiana. Lot Numbered Two Hundred Thirty -two (232) as shown on the original plat of the Town, now City of South Bend, Indiana. Parcel No. 1. Lots numbered Two Hundred Twenty -Nine (229) Two Hundred Thirty (230) and Two Hundred Thirty -One (231) as shown on the Original Plat of the Town, now City of South Bend; Parcel No. 2. Lot Numbered Fifteen (15) as shown on the recorded Plat of Bulla and Patton's Addition to the City of South Bend; Parcel No. 3. A parcel of land in the North half of Section 14, Township 37 North, Range 2 East in the City of South Bend, in the County of St. Joseph, in the State of Indiana, more particularly described as follows: Beginning at the intersection of the North line of the South Bend, St. Joseph and Southern Railroad right -of -way with the Westerly line of Prairie Avenue; thence West along said North right -of -way line of railroad, 600.00 feet; thence North perpendicular to said North right -of -way line of railroad 50/.00 feet; thence Northeasterly 325.46 feet to the Southwesterly corner of a tract of land conveyed to the Indiana Bell Telephone Company, Inc. by the Indiana National Bank of Indianapolis by virtue of a quit claim deed dated July 14, 1965, and recorded July 21, 1965, in Deed Record 665, Pages 463 -465, in the Office of the Recorder of St. Joseph County, Indiana; thence Southeasterly along the Southerly line of said Indiana Bell Telephone Company, Inc. tract of land, 383.18 feet to 24 u .. the Southeasterly corner of said Indiana Bell Telephone Company tract, also being the Westerly line of Prairie Avenue;thence Southwesterly along said Westerly line of Prairie Avenue, 53.23 feet to the place of beginning, and containing 1.89217 acres; and which has Key Numbers 18- 1008029701 for West Colfax Avenue and 18- 10120462, 18- 1012046401 18- 10120366 18- 10120463 for 225 West Colfax Avenue 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. 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 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 seq., for tax abatement. Section II. The Common Council hereby determines and finds the following: 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 of rehabilitation: D. 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; 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 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 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 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 purposed 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, 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. /a/ Stephen Luecke Member of the Common Council RESOLUTION NO. 1931 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND r X25 COMMONLY KNOWN AS 213 & 225 WEST COLFAX AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND TRIBUNE. 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 213 & 225 West Colfax, South Bend, Indiana, and which is more particularly described as follows: That part of Lots Numbered Two Hundred Twenty -six (226) Two Hundred Twenty -seven (227) and Two hundred Twenty -eight (228) as shown on the Original Plat of the Town, now City of South Bend, as recorded in the records of St. Joseph County, which is described as: Beginning at the Southwest corner of said Lot 228; thence North along the West line of Lots 226,227 and 228 in said plat 198.00 feet to the Northwest corner of said Lot 226; thence East along the North line of said Lot 226, 100.00 feet; thence south 139.90 feet; thence West 44.80 feet; thence South 8.0; feet; thence West 17.00 feet; thence South 50.10 feet to the North line of Colfax Avenue; thence West along said line and the South line of Lot 228, 3820 feet to the point of beginning. Commonly known as 213 West Colfax. The east and west alley north of Colfax Avenue and south of LaSalle Avenue running east from Lafayette Boulevard for a distance of 166 feet to the west side of an alley running north and south between Colfax venue and LaSalle Avenue in the City of South Bend, Indiana and being that alley located between Lots 231 and 232 as shown on the recorded Plat of the Town, now City of South Bend, St. Joseph County, Indiana. PARCEL 1 A part of Lot Numbered 234 in the Original Plat of the Town, now City of South Bend bounded by a line running as follows, viz: Beginning at the Northwest corner of said Lot, thence running east of the North line thereof 165 feet; thence South 50 feet; thence West on a line parallel with the North line of said lot to the West line of said Lot, 165 feet; thence North on said west line 50 feet to the place of beginning, beginning 50 feet front on North Lafayette Street by 165 feet deep along West Water Street (now LaSalle Street.) ALSO, A part of Lots 223 and 234 in the Original Plat of South Bend, bounded as follows: commencing 50 feet South of the Northwest corner of said Lot 234; thence South on the East line of Lafayette Street 62 feet, more or less; thence East 165 feet to the East line of said Lot 233; thence North 62 feet, more or less, to a point 50 feet South of the Northeast corner of said Lot 234; thence West to the place of beginning. Twenty -one (21) feet off the entire South side of Lot Numbered Two Hundred Thirty -Three (233) as shown on the Original Plat of the Town, now City, of South Bend, in St. Joseph County, in the State of Indiana. Lot Numbered Two Hundred Thirty -two (232) as shown on the original plat of the Town, now City of South Bend, Indiana. Parcel No. 1. Lots numbered Two Hundred Twenty -Nine (229) Two Hundred Thirty (230) and Two Hundred Thirty -One (231) as shown on the Original Plat of the Town, now City of South Bend; Parcel No. 2. Lot Numbered Fifteen (15) as shown on the recorded Plat of Bulla and Patton's Addition to the City of South Bend; Parcel No. 3. A parcel of land in the North half of Section 14, Township 37 North, Range 2 East in the City of South Bend, in the County of St. Joseph, in the State of Indiana, more particularly described as follows: Beginning at the intersection of the North line of the South Bend, St. Joseph and Southern Railroad right -of -way with the Westerly line of Prairie Avenue; thence West along said North right -of -way line of railroad, 600.00 feet; thence North perpendicular to said North right -of -way line of railroad 50/.00 feet; thence Northeasterly 325.46 feet to the Southwesterly corner of a tract of land conveyed to the Indiana Bell Telephone Company, Inc. by the Indiana National Bank of Indianapolis by virtue of a quit claim deed dated July 14, 1965, and recorded July 21, 1965, in Deed Record 665, Pages 463 -465, in the Office of the Recorder of St. Joseph County, Indiana; thence Southeasterly along the Southerly line of said Indiana Bell Telephone Company, Inc. tract of land, 383.18 feet to the Southeasterly corner of said Indiana Bell Telephone Company tract, also being the Westerly line of Prairie Avenue;thence Southwesterly along said Westerly line of Prairie Avenue, 53.23 feet to the place of beginning, and containing 1.89217 acres; and which has Key Numbers 18- 1008029701 for West Colfax Avenue and 18- 10120462, 18- 1012046401, 18- 10120366, 18- 10120463 for 225 West Colfax Avenue, 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. 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 X26 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- 1.1712.1 -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 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 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. 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 abatement and hereby makes such a designation, 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 IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke Member of the Common Council A public hearing was held on the above bills at this time. Council Member Kelly reported that the Human Resources Committee had met on these bills and recommended them to the Council favorable. Ernest Szarwark, attorney, made the presentation. He indicated the Tribune planned to construct a 25,000 square foot building on the site of the old Colfax Theater. He indicated they planned to purchase machinery for inserting, packaging and sorting of papers. He indicated they also planned to purchase a modern, state of the art, press. Charles Barrington, 4125 Sampson; Joyce Boaler, 1606 Hillsdale; Lee Brummit, 1129 Diamond, Peggy Rossow, 53100 Poppy Road; Kelly Havens, 12032 Timberline Trace; and Barry Baumbaugh, 12032 Timerline Trace, spoke against these abatements. Council Member Puzzello made a motion to adopt Resolution No. 92 -21, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to adopt Resolution No. 92 -22, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 22 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Vacation Committee, seconded by Council Member Duda. The REGTTLAR MEETING APRIL 1'4 , 1999 motion carried. BILL NO. 23 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,000.00 FROM THE LEEPER PARK TREE REPLACEMENT FUND. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading April 28, seconded by Council Member Duda. The motion carried. BILL NO. 24 -92 A BILL APPROPRIATING $144,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1992 TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Human Resources Committee, and set it for public hearing and third reading April 28, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Georgia Show, 1307 E. Wayne N., spoke regarding the work done by volunteers to keep the Howard Park Ice Rink open. She suggested that private companies or organizations might "adopt a park" , to help with expenses. Barbara Brownell, 1407 Sunnymede, spoke regarding ice rink, as well as the excess in the Park Department budget. Lee Brummit, 1129 Diamond, spoke regarding the Bureau of Cemeteries. 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 11:18 p.m. ATTEST: City Clerk APPROVED: President P 22a