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HomeMy WebLinkAbout05-11-92 Council Meeting Mniutes42 REGULAR MEETING MAY 11. 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, May 11, 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 SPECIAL BUSINESS Council Member Coleman made a motion to hold the next meeting on May 26, at 5:00 p.m., seconded by Council Member Zakrzewski. The motion carried. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. 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 11, 1992 at 7:05 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 19 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3445 LINCOLN WAY WEST AND 3447 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 that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. 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 property was zoned for a restaurant last year, however, this zoning was for a second restaurant on the property. He indicated there still will be 80' of trees behind the restaurants, and they will construct a board fence as a barrier to the residential neighborhood. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Duda. The motion carried. 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 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. David Norris, Economic Development, made the presentation for the bill. He indicated this property was 21 acres, located 1800 feet east of State Rd. 23. He indicated this property was contiguous to the City, and the annexation was necessary in order to promote future city growth. Dave Cherrone, 53712 Pinehurst, and Gene Allen, 17023 Hepler, spoke against this annexation. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 26 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: EAST SORIN STREET WEST OF N. NILES AVENUE; FIRST TWO EAST -WEST ALLEYS SOUTH OF VACATED HAGERTY STREET; AND FIRST NORTH -SOUTH ALLEY WEST OF N. NILES AVENUE AND SOUTH OF VACATED HAGERTY STREET. Council Member Coleman made a motion to continue public hearing on this bill until May 26, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 27 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $25,000.00 FROM E.M.S. FUND #288 FOR THE PURCHASE OF EQUIPMENT. 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 Ladewski reported that the Public Safety Committee had met on this bill and recommended it to the Council favorable. Bert Prawat, Chief of Fire Prevention, made the presentation for the bill. He indicated this appropriation would purchase equipment, previously identified in the Department's five year Capital Improvement Plan, necessary to the Department's operation. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas. The motion carried. BILL NO. 28 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,600.00 FROM HAZ -MAT FUND #289 FOR THE PURCHASE OF EQUIPMENT. �4� MAY 11,- _l9-92 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 Ladewski reported that the Public Safety Committee had met on this bill and recommended it to the Council favorable. Bert Prawat, Chief of Fire Prevention, made the presentation for the bill. He indicated this appropriation would purchase equipment, previously identified in the Department's five year Capital Improvement Plan, necessary to the Department's operation. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 30 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2 -151 OF THE SOUTH BEND MUNICIPAL CODE TO DESIGNATE ADDITIONAL AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC DEVELOPMENT TARGET AREA. 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 Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Council Member Luecke, president of the Economic Development Commission, made the presentation for the bill. He indicated this bill would designate Scottsdale Mall as an Economic Development Target Area. He indicated a city can have 15% of its land designated as a target areas, and with this designation South Bend would only have 6.5 %. Ernest Szarwark, attorney for Massachusetts Mutual owners of Scottsdale Mall, indicated they were requesting this designation in order to qualify for a tax abatement. He indicated how important the Mall is to the City as a retail center and a taxpayer. He indicated that at the present time the has a 40% vacancy rate. Joyce Boaler, 1606 Hillsdale Rd., spoke in favor of this bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas The motion carried. BILL NO. 31 -92 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 Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Ann Kolata, Director of Redevelopment, made the presentation for the bill. She indicated would allow for the acquisition of the Palais Royle, as well as approve the lease for the land an public improvements. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. 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 Council Chambers on the fourth floor of the County -City Building at Council President Luecke presiding and nine members present. BILLS, THIRD READING NO. 8260 -92 reconvened in the 7:54 p.m. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3445 LINCOLN WAY WEST AND 3447 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 Zakrzewski. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8261 -92 AN ORDINANCE 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 third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8262 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $25,000.00 FROM E.M.S. FUND #288 FOR THE PURCHASE OF EQUIPMENT. This bill had third reading. Council Member Duda made a motion to pass the bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine 944, ayes. ORDINANCE NO. 8263 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,600.00 FROM HAZ -MAT FUND #289 FOR THE PURCHASE OF EQUIPMENT. This bill had third reading. Council Member Zakrzewski made a motion to pass the bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8264 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2 -151 OF THE SOUTH BEND MUNICIPAL CODE TO DESIGNATE ADDITIONAL AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC DEVELOPMENT TARGET AREA. This bill had third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8265 -92 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 pass the bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. RESOLUTION NO. 1941 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2424 NORTH FOUNDATION DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR NIMET INDUSTRIES, 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 2424 North Foundation Dr. 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; 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. with said real estate having the following Key No. 25 1010 040015, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12- .1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows. Section I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /S/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney for the petitioner, made the presentation. He indicated this company planned to purchase new equipment in order to produce environmentally acceptable refrigeration chemicals. He indicated two new jobs will be created. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1942 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF - SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1801 COMMERCE DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STOUFFER INDUSTRIES, 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 1801 Commerce Dr. and which is more particularly described as follows: PARCEL I: A tract of land in the Southwest Quarter of Section Thirty -three (33), Township Thirty -eight (38) North, Range Two (2) East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90° 00' 00" west on and along the North line of said Southwest Quarter of said Section 33, a distance of 1,205.66 feet to a concrete monument on the West line of a 75 foot public street; thence south 00 °29121" East on and along the west line of said 75 foot public street, a distance of 473.176 feet to an iron at the point of beginning; thence continuing South 00 °29121" East on and along said West line of said 75 foot public street, a distance of 237.00 feet to an iron; thence South 89 °30'39" West, a distance of 362.00 feet to an iron; thence North 00 °29'21" West, a distance of 237.0 feet; thence North 89 °30'39" East, a distance of 362.00 feet to the place of beginning; said tract being Lot Numbered Twenty -five (25) of the Airport Industrial Park, Phase II. PARCEL II. A tract of land in the Southwest Quarter (1/4) of Section Thirty -three (33), Township Thirty -eight (38) North, Range Two (2) East, City of South Bend, St. Joseph County, Indiana; more particularly described as follows: With a point of beginning arrived at by commencing at a brass plug at the center of said Section 33; thence South 90 °00'00" West on said Section 33; thence South 90 °00'00" West on and along the North line of said Southwest Quarter (1/4) of said Section 33 a distance of 1,205.66 feet to a concrete monument on the West line of a 75 foot public street (Commerce Drive); thence South 00 °29'21" East on and along the West line of said Commerce Drive, a distance of 473.176 feet to an iron at the point of beginning; thence continuing South 89 °30139" West a distance of 362 feet; thence North 00 °29121" West a distance of 120.5 feet; thence North 89 °30'39" East a distance of 362 feet; thence South 00 °39'21" East along the West line of Commerce Drive a distance of 120.5 feet to the measured North and South taken off at the entire South end of Lot numbered Twenty -Four (24) of the Airport Industrial Park, Phase II, St. Joseph, County, Indiana, now a part of the City of South Bend. with said real estate having the following Key Number 18 2183 688603, 18 2183 688612, 25 1008 033502 and 25 1008 133508, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12- .1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows. Section I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et se Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /S/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. James Neff, attorney f the petitioner, made the presentation. He indicated the petitioner planned to purchase photographic and graphic art equipment to make them more competitive in their industry. Council Member Slavinskas made a motion to adopt this resolution seconded by Council Member Duda. The resolution was adopted by a roll call vote nine ayes. Council Member Slavinskas made a motion to combine public hearing on the next two resolutions, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1943 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 515 W. IRELAND ROAD, SOUTH BEND, INDIANA 46614, TO BE AN ECONOMIC REVITALIZATIC AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR TORO SOUTH BEND MANUFACTURING 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 515 W. Ireland and which is more particularly described as follows: SE 1/4, NE 1/4 except SE and NE Corners, Section 26- 37 -2E, 26,592 acres. with said real estate having the following Key No. 23 1013 0758, as an 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 meta Now, therefore, be it resolved by the Common Council of the City of South B 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 o and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6 of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Steve Luecke Member of the Common Council RESOLUTION NO. 1944 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 515 W. IRELAND, Si BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEM FOR TORO SOUTH BEND MANUFACTURING 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 515 W. Ireland, and which is more particularly described as follows: SE 1/4, NE 1/4 except SE and NE Corners, Section 26- 37 -2E, 26,592 acres. 9 7 e)4 with said real estate having the following Key No. 23 1013 0758, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12- .1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows. Section I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /S/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Charlene Claywell, controller, made the presentation for the resolutions. She indicated Toro had considered closing the South Bend plant, due to declining production, however, they decided to stay in South Bend. She indicated they closed a southern plant and their production will be transferred to South Bend. Council Member Coleman made a motion to adopt Resolution No. 92 -35, as amended, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 92 -36, as amended, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1945 -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 ON A SPECIAL EXCEPTION FOR RECREATIONAL USE ON COMMERCIAL PROPERTY LOCATED AT 1341 DUNHAM. 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 a surface parking lot. This property is zoned "A" Residential, "A" Height and 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 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. 3648, a copy of which is attached hereto and incorporated 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 bill and recommended it to the Council favorable. Adelade Shefbuck, 1326 Dunham, made the presentation for the bill. She indicated that at one time the second floor of this building contained two apartments and over the years the structure had been altered. She indicated they wanted to remodel the second floor of this building and make it again into two apartments. She said the first floor would have a commercial use as a children's clothing shop. Bob Nagle, assistant zoning administrator, indicated the Board of Zoning Appeals recommended this to the Council favorable. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1946 -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 ON A SPECIAL EXCEPTION FOR RECREATIONAL USE ON COMMERCIAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LOMBARDY AND MEADOW LANE. 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 a surface parking lot. This property is zoned "A" Residential, "A" Height and 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 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. 3649, a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of identification 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 I� ,149 AR- MFETING MAY 11, 1992 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 bill and recommended it to the Council favorable. Bob Nagle, assistant zoning administrator, indicated the Board of Zoning Appeals recommended this to the Council favorable. Council Member Zakrzewski made the presentation for the resolution. He indicated that would allow the Maurice Matthys Little League to expand parking on a non -hard surface lot. 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. RESOLUTION NO. 1947 -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 ON A SPECIAL EXCEPTION FOR RECREATIONAL USE ON COMMERCIAL PROPERTY LOCATED AT 117 WESTERN. 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 a surface parking lot. This property is zoned "A" Residential, "A" Height and 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 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. 3650, a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of identification 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. Bob Nagle, assistant'zoning administrator, indicated the Board of Zoning Appeals recommended this to the Council favorable. Sam Mercantini, owner of the property, made the presentation for the resolution. He indicated they intended to remodel the second floor of this building into six apartments. He said the first floor would be used for a day care center and a clothing shop. Amos Foster, 1312 Western, spoke in favor of this resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1948 -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 3620 W. MCGILL STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY /SCOTTSDALE MALL 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 the Southeast Corner of Irelan and Miami Roads, South Bend, Indiana, and which is more particularly described as follows: A parcel of real estate in the County of St. Joseph, State of Indiana and described as follows: A parcel being part of the North Half of the Southwest Quarter of Section 30, Township 37 North, Range 3 East, City of South Bend, Centre Township, St. Jose County, Indiana, described as follows: Commencing at the Northwest corner of said quarter; thence South 89 °54137" East (bearing assumed) along the North line of said quarter, a distance of 260.00 feet to the point of beginning; thence continuing along said North line a distance of 1052.00 feet, thence Sou 00 °05'11" West, a distance of 870.00 feet; thence North 89 °59'16" East a distance of 53.00 feet; thence South 00 °04'32" West a distance of 150.00 feet; thence South 89 °55120" East, to the West line of Scottsdale Addition, Section "A" a distance of 484.86 feet; thence South 00 °25'08" East, along said West line to the North right -of -way of U.S. Route 20 by pass, a distance of 156.52 feet; the next (8) calls being on the North said right -of -way; thence Deed; South 60 °58100" West, a distance of 421.39 feet, (measured: South 70 °28'36" West, 313.64 feet and South 7V27'31" West, 106.22 feet) to the South line of said North Half; thence along said North line, North 89 °52'45" West, a distance of 1397.83 feet; thence North V05'50" East, along the East side of a tract purchased by I.D.O.T. for right -of -way line(county), a distance of 19.84 feet; thence along the said East right -of -way line South °04121" East, a distance of 1788.69 feet; thence North 89 °52145" West, a distance of 40.00 feet to the West line of said quarter section; thence North 00 °00'00" East, along said West line a distance of 1046.67 feet; thence Deed: South 89 °54'26" East, a distance of 260.00 feet, thence North 00°00'00" East, a distance of 270.00 feet to the point of beginning. and which has Key Number 231009 -0582, 231009- 0582B, 231009- 0582C, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 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 a. 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 who: 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 < 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 Statemen of Benefits form prescribed by the State Board of Accounts are sufficient to justif ---- REGULAR—M' .ETING MAY 11, 1992 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 Council acknowledges the passage of Bill No. 30 -92, which designates the area described hereinabove as an Economic Development Target Area. Therefore, pursuant to Indiana state law, the area in question qualifies for real property tax abatement while being used for retail trade purposes. The Council also has considered the evidence of declining occupancy and degenerating physical facility, together with evidence that other, similar malls are facing a period of economic crisis, and in some instances have been closed. The Council has further considered the potential impact in terms of direct loss of jobs, and loss of ancillary employment opportunities and tax revenues likely to result from further deterioration or closure of the facility in question. As a consequence thereof, the Council has determined that the property in question qualifies for tax abatement under Section 2 -84 of the South Bend Municipal Code and the standards the Council applies in connection with such determinations. Section VI. 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 VII. 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 VIII. 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 IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /S/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council. Member Kelly reported that the Human Resources Committee and met on this bill and recommended it to the Council favorable. Council Member Kelly made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated the mall is one of the City's biggest taxpayers, and at the present time the mall has a 40a vacancy rate. He indicated the new owners are committed to the betterment of this mall, and are planned to do $3.5 million dollars worth of interior and exterior improvements, which will include new escalators, landscaping, construction of a six screen movie theater and a food court. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 32 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2610 PRAIRIE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA, FOR BRUNO & ROSA CATALDO OF 2610 PRAIRIE AVENUE, SOUTH BEND, IN 46614. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 33 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT NORTHWEST CORNER OF THE T INTERSECTION OF PORTAGE AVENUE AND BOLAND DRIVE, GERMAN TOWNSHIP, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 34 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER RALPH JONES DR. AND WILLIAM RICHARDSON DR. AND AT THE EAST END OF WILLIAM RICHARDSON DR. IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 35 -92 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 635 S. MAIN IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Duda made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading LJG on May 26, seconded by Council Member Coleman. The motion carried. BILL NO. 36 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 721 723, 725 HOWARD STREET, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 37 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH SOUTH ALLEY EAST OF NORTH WALNUT STREET RUNNING NORTH F WEST WASHINGTON STREET. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on May 26, seconded by Council Member Coleman. The motion carried. BILL NO. 38 -92 A BILL AMENDING CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIP CODE, ENTITLED AMBULANCEJMEDICAL USER FEE AND DEDICATED FUND. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing and third reading on May 26, seconded by Council Member Duda. The motion carried. 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 Washington. The motion carried and the meeting was adjourned at 8:35 p.m. ATTEST: %-,-..� City Clerk APPROVED: Presiden