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HomeMy WebLinkAbout10-12-92 Council Meeting Minutes409 REGULAR MEETING OCTOBER 12, 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, October 12, 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 September 14, and September 21, 1992, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Stephen Luecke /s /Loretta Duda Council Member Coleman made a motion that the minutes of the September 14 and September 21, 1992, meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. 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 October 12, 1992 at 7:02 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 63 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 702 LINCOLNWAY EAST 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 a favorable staff report. Mike Dobson, the petitioner, made the presentation for the bill. He indicated they were requesting a change from "E" Height and Area to "F" Height and Area in order to build a car wash at this location. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Ben Noell, 17873 Jackson Road, owner of the adjacent property, spoke against this zoning. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Duda. 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 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 comes to the Council with no recommendation. Council Member Zakrzewski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. John Byorni, Area Plan, reported that the Commission gave an unfavorable recommendation. however, the staff report was favorable. Richard Morgan, attorney, made the presentation for the bill. He indicated they were requesting a change of zoning from "A" to "B" for approximately two acres of land, in order to construct a 21 unit apartment building. He indicated twenty units will be used for housing of Madison Center patients, and one apartment would be used for a staff person. He indicated this rezoning was a question of land use, whether or not this was an appropriate use for the land. He indicated there is a need in the community to build this type of housing and Madison Center has had the grant for three years. He presented a letter from Marzy Bauer, Associate Director of Madison Center, together with 85 petitions with 956 signatures supporting this rezoning. Mr. Morgan read a letter Joe Walsh, manager of the Works Hotel, in support of this zoning. He read a letter from Michael Ferry, Vice President of Support Resources for St. Joseph Medical Center, in support of this zoning. He read a report from Emerich, Inc., a real estate appraisal company, which indicated this apartment unit would not have a negative impact on this area. Marzy Bauer, Associate Director of Madison Center, indicated their rental program had grown to 150 people, and there is at least 200 more that could benefit from this type of housing. Sharon Dale, Coordinator for Independent Living, indicated these people are able to live independently in the community. Dan Fitzpatrick, president of the Madison Center Board, spoke in favor of this zoning. He indicated the clients who will reside in 410 REGULAR MEETING OCTOBER 12, 1992 these apartments have been unfavorably labeled and categorized. Pat Crowley, 1428 E. Colfax, commercial real estate developer, urged the Council to rezone this property. Dr. Glen Harris, Director of Services, 50949 Briarwood, spoke in support of this zoning. James Hughes, Planning Consultant, 1918 Southernview, urged the Council to support this zoning. Jay Simkins, realtor, indicated there has been no interest in this property until Madison Center came along. Mark McInerny, a client of Madison Center, indicated he was a functioning member of this community, and asked for the Council's support on this zoning. Ruth Tulchinski, 3022 Essex, indicated the St. Joseph County Alliance for the Mentally Ill, supported this rezoning. Robert Amoco, 233 Hawthorne, spoke in favor of this zoning. Tom Broden, 201 W. North Shore, spoke for the Task Force for housing for Disabled and disadvantaged, and the United Religous Community, spoke in favor of the zoning. David Koppana, 621 N. Lafayette, urged the Council to vote for the zoning. Lou Nonni, who works at the Homeless Shelter, spoke in favor of the zoning. Howard Uhrig, 61570 Elderberry; Robert Rabb. Pastor of St. Joseph's Church; Dora Reynolds, Director of the YWCA, David Kleckley, attorney representing over 1200 mentally ill patients; Gary Oland, director of the Family and Children's Center; Roger Parent, 917 Whitehall; Andy Spaulding, attorney, president of the Board of the Mental Health Association; Alonzo Watson, Director of the South Bend Housing Authority; Hollis Hughes, from the Housing Assistance Office; Conrad Damien, 718 E. Broadway; Jeannette Cox, 904 Oak Ridge Dr.; Diane Jackson, Director of the Mental Health Association; Jim Pointer, 220 La Paix Blvd; spoke in favor of this zoning. Council Member Kelly made a motion to recess, seconded by Council member Zakrzewski. The motion carried and the meeting was recessed at 9:40 and reconvened at 9:50. Anthony Coiro, 2220 Council Oak, indicated with the potential growth on the Northwest side of the City there is potential for this property to be developed. He indicated the neighborhood had three homes of this type aleady and he wanted a more stable residential area for his family. Lefty Smith, 26119 Summit Ridge, indicated they have two group homes and a shelter work shop for Logan Industries in this neighborhood. He indicated this proposed location was not suitable for this apartment complex, because there are no sidewalks on Portage and there would be a danger to residents walking along Portage. He indicated that the people in Council Oaks were proud of their neighborhood and they work with the people in the group homes to assure them they are a part of their community. Mary Pajakowski, 2202 Riborde, indicated this neighborhood was oversaturated with group homes. Ray Brach, 2306 Council Oaks Dr., indicated they planned to build 20 -22 new single family homes on this site. Patrick Higgins, attorney, 1916 Berkley P1., indicated no one would build single family dwellings next to multiple family housing. Diane Coiro, 2220 Council Oak; Bert Bystrey, 2620 Summit Ridge; Robert Swanson, 2734 Arrowhead; spoke against the zoning. Council Member Luecke made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Kelly. The motion passed on a roll call vote of five ayes and four nays (Council Members Washington, Puzzello, Slavinskas and Zakrzewski.) BILL NO. 72 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN PENN TOWNSHIP CONTIGUOUS THEREWITH; NORTHEAST CORNER OF IRONWOOD ROAD AND KILLINGTON WAY. Council Member Slavinskas made a motion to continue public hearing on this bill until November 9, seconded by Council Member Luecke. The motion carried. BILL NO. 76 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $177,667.00 FROM EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND #288 FOR THE PURCHASE OF EQUIPMENT. A public hearing was held on the bill at this time. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Ladewski indicated the Public Safety Committee had met on this bill and recommended it to the Council favorable. Bert Prawat, Assist Fire Chief, made the presentation for the bill. He indicated this appropriation would be used to meet lease - purchase obligations, to refurbish engine #7, and purchase one truck and four automobiles. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 77 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE MONTHLY SEWER INSURANCE CUSTOMER RATE ADDRESSED IN CHAPTER 17, ARTICLE 7, SECTION 17 -56 (a) OF THE SOUTH BEND MUNICIPAL CODE. BILL NO. 78 -92 A BILL ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE MONTHLY INSURANCE CUSTOMER RATE ADDRESSED IN CHAPTER 17, ARTICLE 6, SECTION 17 -49 (a) OF THE SOUTH BEND MUNICIPAL CODE. 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 Coleman made a motion to combine public hearing on Bill Nos. 77 and 78, seconded by Council Member Ladewski. The motion carried. Council Member Ladewski reported that the Utilities Committee had met on these bills and recommended them to the Council favorable. John Stancati, Director of Utilities, made the presentation for the bills. He 411 REGULAR MEETING OCTOBER 12, 1992 indicated they were requesting an increase in the sewer leak insurance program, due to the number of repairs and the cost of each repair. He indicated this increase was recommended by Municipal Consultants. He indicated they also recommended a raise in the water leak insurance rate from sixty -four cents to ninety -eight cents. Council Member Coleman made a motion to recommend Bill No. 77 -92 to the Council favorable, seconded by Council Member Luecke. The motion carried. Council Member Coleman made a motion to recommend Bill No. 78 -92 to the Council favorable, seconded by Council Member Luecke. The motion carried. BILL NO. 79 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND THE AMENDING OF CHAPTER 17, ARTICLE 4, SECTIONS 17 -45, 17 -46, 17 -47, 17 -48 OF THE SOUTH BEND MUNICIPAL CODE. 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 Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Ladewski. The motion carried. Council Member Ladewski reported that the Utilities Committee had met on this bill and recommended it to the Council favorable. John Stancati, Director of Utilities, made the presentation for the bill. He indicated the last water rate increase occurred in 1981, over eleven years ago, however, our operating costs have now risen to a point where an increase is needed. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Luecke. 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 12:28 a.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8301 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 702 LINCOLNWAY EAST IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The motion carried on a roll call vote of nine ayes. 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. Council Member Coleman made a motion to defeat this bill, seconded by Council Member Duda. The motion carried on a roll call vote of five ayes and four nays (Council Members Washington, Puzzello, Slavinskas, and Zakrzewski.) ORDINANCE NO. 8302 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $177,667.00 FROM EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND #)288 FOR THE PURCHASE OF EQUIPMENT. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Slavinskas. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Kelly. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8303 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE MONTHLY SEWER INSURANCE CUSTOMER RATE ADDRESSED IN CHAPTER 17, ARTICLE 7, SECTION 17 -56 (a) OF THE SOUTH BEND MUNICIPAL CODE. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Slavinskas. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8304 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE MONTHLY INSURANCE CUSTOMER RATE 412 REGULAR MEETING OCTOBER 12, 1992 ADDRESSED IN CHAPTER 17, ARTICLE 6, SECTION 17 -49 (a) OF THE SOUTH BEND MUNICIPAL CODE. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Slavinskas. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8305 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND THE AMENDING OF CHAPTER 17, ARTICLE 4, SECTIONS 17 -45, 17 -46, 17 -47, 17 -48 OF THE 'SOUTH BEND MUNICIPAL CODE. 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 Coleman. The motion carried. Council Member Slavinskas made a motion to pass the bill, as amended, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1973 -92 A RESOLUTION OF THE CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3300 N. KENMORE STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SPIN -CAST PLASTICS, 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 3300 N. Kenmore and which is more particularly described as follows: Lots 5 -3 and 5 -4 of Combined Airport Industrial Park, Phase Four, St. Joseph County, Indiana with said real estate having the following Key No. 25 1010 038518, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12- .1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows. Section I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) 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. Kevin Butler, attorney, made the presentation for the resolution. He indicated this company had recently received an abatement for real property, and were now requesting abatement for personal property, in order to purchase new equipment that will allow them to manufacture larger products. 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. 1974 -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 WEST END OF CHARLES STREET, NORTH OF EDISON ROAD. 413 REGULAR MEETING OCTOBER 12, 1992 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 hard surface for parking to a gravel surface. This property is zoned "D" Light Industrial, "F" 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, 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. Approval of this special exception is further conditioned upon the petitioner satisfying all ten modifications set forth in Exhibit C, which is attached hereto and incorporated herein, which is the Common Council's modification of the September 17, 1992, letter to the Board of Zoning Appeals, from the petitioner's attorney. 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. Larry Clifford, attorney, made the presentation. He indicated they were asking for a special exception for eight acres near the Edison electric sub - station in order to construct a Little League Baseball facility. After a lengthy discussion the following Exhibit C was accepted by the Council: The modified East Side Little League proposal shall include the following: 1. Building Size and Use. The building will be 30 feet by 34 feet, a two -story vinyl sided structure, with a basement. The building will be used for a concession stand, first -aid room, rest rooms, viewing area, storage of baseball and grounds keeping equipment. 2. Fencing. The entire perimeter of the property leased from I &M will be fenced with a seven foot perimeter fence. The entrance gate will be off Charles Street. The gate will be at the edge of the I &M property and will be secured when not in use. In addition to the main entrance gate, there will be a utility gate on each of the other three sides of the property, to allow access for maintenance equipment. The utility gates will be secured when not in use. Except for the main entrance off Charles Street, there will be only one pedestrian gate, to be located for access from the Edison Street parking lot, with a gate on the West side of the perimeter fence, as near to the South corner of the fence as feasible. The pedestrian gate will be secured when not in use. The petitioner shall work with the City and the neighbors to devise a workable solution to keep Little League participants and spectators out of this particular alley. REGULAR MEETING OCTOBER 12, 1992 3. Screening. There will be a perimeter tree buffer. The perimeter fence will be installed so as to maintain a perimeter tree buffer on the property. Additional screening, either through the use of trees and plantings or through the use of opaque fence will be installed where the (tree buffer is sparse or non - existent; or where the field abuts residential property and is required under the screening provisions of the Zoning Ordinance. 4. Parking. The parking area will use gravel, selected to attempt to minimize dust. Parking spaces will be delineated by railroad ties, or other appropriate methods. 5. Announcement System. A speaker system may be used which will minimize noise in the abutting residential areas, either by aiming away from those areas or by using a bleacher speaker system. The sound system will be designed so as to minimize intrusion into the residential area, and will remain open to adjustments and be in conformity with all applicable noise regulations. 6. Diamonds. The petitioner will build three major one T -Ball diamond as shown on the original site The petitioner will not build the proposed "Farm originally proposed for the Tarkington property. in operation, the petitioner will not use the di currently on Park Department land. league baseball diamonds, and plan, presented to the BZA. League Baseball" diamond Once the proposed facility is imond at Rose and Rerick 7. Lights. Although there is no present plan for lights, when lights are installed they shall be properly shielded from the residential area and conform to all building and zoning regulations. As long as there are no lights installed, no baseball inning will start after 8:00 p.m., consistent with Little League Rules. If and when lights are installed, no baseball inning will start after 10:00 p.m., consistent with Little League rules. 8. City Water & Sewer. The building on the property will have city water and city sewer hooked up to the nearest appropriate connection. 9. Access Road. The petitioner proposes to extend Charles Street from its present To-cation, to the edge of the leased property. The petitioner also agrees to study the feasibility of other access, including from Edison Road or Keller, as an alternative to Charles Street. This feasibility study will be made available to the Engineering Department. Any new access road will be built consistent with City requirements as to composition, curbs and drainage, as directed by the City Engineering Department. 10. Completion. The petitioner shall not play baseball at this facility until the perimeter is fenced, the proposed parking area is completed and an access street is extended to the lot line. Council Member Puzzello made a motion to accept the amendment, seconded by Council Member Duda. The motion carried. Ray Shriner, 1716 Hass; Jim Coker, 1636 Sorin; John Thompson, 1713 Farmington Square Rod., Kathy Paskit, 338 Tonti; spoke in favor of this resolution. Edward Baer, 1733 Winston; Paul Borowski, 3217 Cabot; Bryan Rogers, 1701 Sterling; Betty Campbell who lives at the corner of Charles and Hickory; spoke against this resolution. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of seven ayes and two nays (Council Members Washington and Puzzello.) RESOLUTION NO. 1975 -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 2930 FOUNDATION DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR EATON CORPORATION. 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 2930 Foundation Dr. South Bend, Indiana, and which is more particularly described as follows: and this property has Key Number 25 1010 038101, 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. 415 REGULAR MEETING OCTOBER 12, 1992 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. /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 had met on this bill and recommended it to the Council favorable. Jim Seeber, a representative of Eaton Corporation, made the presentation for the bill. He indicated they planned to relocate two trim presses and other equipment from their Marion, Ohio facility to South Bend, as well as purchase new equipment with will cost $440,000, bring the total project to $2,500,000. He indicated when this project is finished it will almost double the current production capacity of the South Bend facility. He indicated they will create 39 new full time positions. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 1976 -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 3601 MCGILL STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR PRECISION MILLWORK & PLASTICS INC. 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 3601 McGill, South Bend, Indiana, and which is more particularly described as follows: A part of the NE 1/4 of Section 28, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of said Section 28; thence South 89048'05" West along the North line of said Quarter Section, 1305.00 feet; thence South OOo00'23" West along the centerline of Kenmore Street, 363.70 feet; thence South 09059'37" East along said centerline, 486.87 feet to the centerline WWWAI 'MAE REGULAR MEETING OCTOBER 12, 1992 intersection of Kenmore street and McGill Street; thence South 80oOO'23" West along the centerline of McGill Street, 303.50 feet; thence North 89059'37" West along said centerline, 270.66 feet; thence North OOo00'23" East, a distance of 35.00 feet to the north right -of -way boundary of said McGill Street and the point of beginning; thence north 0 00123" east a distance of 366.65 feet; thence North 89 48136" east a distance of 260.00 feet; thence South 0 00' 23" west a distance of 361.04 feet to the north boundary of said McGill Street; thence Southwesterly along said boundary 156.61 feet along an arc to the right having a radius of 1874.86 feet and subtended by a long chord having a bearing of South 89 48' 36" West and a length of 156.43 feet; thence North 89 59'37" of beginning and containing 2.172 acres, more or less. Above described tract of land is encumbered by an easement described as follows: 1. An easement for wastewater and stormwater systems located into, under, upon, over and across a strip of land 12.5 feet in width with its north boundary being the north boundary of the above described tract of land. and which has Key Number 25 1010 038514, 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 -1.11- 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 REGULAR MEETING OCTOBER 12, 1992 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 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. Joseph Amaral, attorney made the presentation for the resolution. He indicated this company proposes to construct a facility on 2.7 acres of land in the Airport Industrial Park. He indicated they will manufacture custom wood and plastic parts, as well as use the facility for production storage and general offices. He indicated the projected cost of the project will be $320,000, and five new jobs will be created. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Duda. The resolution passed by a roll call vote of nine ayes. BILLS, THIRD READING BILL NO. 80 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1432 SOUTH BEND AVENUE, IN THE CITY OF SOUTH BEND, INDIANA, FOR WILLIAM KERESTURY OF 1432 SOUTH BEND AVENUE, SOUTH BEND, INDIANA 46617. This bill had first reading. Council Member Slavinskas made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 81 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF EAST JEFFERSON BOULEVARD AND TUXEDO STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Washington. The motion carried. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Washington. The motion carried. BILL NO. 82 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING FUNDS FROM THE LEAF COLLECTION AND REMOVAL SERVICES OPERATIONAL FUND. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and second reading on October 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 Zakrzewski The motion carried and the meeting was adjourned at 2:25 a.m. ATTEST: City Clerk APPROVED: President(-/ 417