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HomeMy WebLinkAbout11-09-92 Council Meeting MinutesM REGULAR MEETING NOVEMBER 9, 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, November 9, 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 October 12, 1992 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Steve Luecke /s/ Loretta Duda Council Member Coleman made a motion that the minutes of the October 12, 1992 meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Council President Luecke announced that the Council had received letters applying for appointments to the Human Rights and Economic Development Commissions. He indicated the deadline would be the end of the month. Council President Luecke announced that the citizen members to the Redistricting Committee would be Glendarae Hernandez and Penny Hughes from the League of Women Voters, and Mario Sims from the NAACP. RESOLUTION NO. 1982 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN PENN TOWNSHIP. WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Penn Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is located at the northwest corner of Killington Way and Bromley Chase, which is approximately 220 feet east of Ironwood Road, and is proposed to be developed by the construction of a church, the development of which land as proposed will require a level of municipal public services basic to the establishment and maintenance of such development, which services shall include services of a non - capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the .28 REGULAR MEETING NOVEMBER 9, 1992 best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Penn Township, St. Joseph County, Indiana, described in Table 2 of the Fiscal Plan, attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part thereof, for the furnishing of said services to the territory to be annexed. Section IV. This Resolution should be in full force and effect upon its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Larry Magliozzi, Economic Development, made the presentation for the resolution. He indicated this was a voluntary annexation, and the City could provide all services necessary. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member 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 26, 1992 at 7:08 p.m., with nine members present. Chairman Puzzello presiding. Council Member Coleman made a motion to move Bill Nos. 85 and 87 -92 to the first and second place for public hearing, seconded by Council Member Ladewski. The motion carried on a roll call vote of eight ayes and one nay (Council Member Washington.) BILL NO. 85 -92 A BILL AUTHORIZING THE CITY OF SOUTH BEND TO AMEND DOCUMENTS RELATING TO ITS ECONOMIC DEVELOPMENT REFUNDING REVENUE BOND, SERIES 1983 (COLUMBIA PLACE ASSOCIATES PROJECT) AND APPROVING AND AUTHORIZING OTHER ACTION IN RESPECT THERETO. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Puzzello reported that the Personnel & Fininance Committee had met on this bill and recommended it to the Council favorable. Kevin Butler, attorney, made the presentation for the bill. He indicated this project was developed in 1983, and this bill would allow for the refunding to reduce the interest rate. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 87 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE REFUNDING BONDS (REGENCY PLACE PROJECT). This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Puzzello reported that the Personnel & Finance Committee had met on this bill and recommended it to the Council favorable. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Slavinskas. The motion carried. Marc Krcmaric, attorney, made the presentation for the bill. He indicated this bond issue was made in 1982 and the project is operating. He indicated they were requesting approval to proceed with refinancing of the loan in order to obtain a lower interest rate. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Duda. The motion carried. Im REGULAR MEETING NOVEMBER 9, 1992 BILL NO. 53 -92 A BILL AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA TO CREATE A RIVER BEND HISTORIC PRESERVATION DISTRICT. This bill was continued from October 26, in the public hearing portion. 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. Fred Holycross, Director of Historic Preservation, indicated the proposed area has been reduced, and it was the staff's opinion the district as now proposed meets the requirements locally, as well as nationally, of an historic district. Catherine Hostetler, 708 N. St. Joseph, indicated 71% of the remaining property owners favored this designation. Mike Keen, 1535 Riverside Dr.; Linda Fritschner, 629 Riverside Dr., spoke in favor of this designation. Christian Luciani, 215 Hammond Place, asked that five homes on the north side of Hammond Place be allowed to leave the district. He indicated to cut the district up the way it is now proposed would not benefit the Historic District. Ed Tally, 1081 Riverside, indicated he was against this designation because this district was being used as a zoning pawn. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Luecke. The motion carried on a roll call vote of eight ayes and one nay (Council Member Washington.) BILL NO. 71 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH MICHIGAN STREET AND FARNEMAN STREET IN SOUTH BEND, INDIANA. This being the time heretofore for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas gave a unfavorable report from the Zoning and Vacation Committee John Byorni, Area Plan, gave the staff report which was unfavorable. Kenneth Fedder, attorney, made the presentation for the bill. He indicated this zoning was being sought by AutoZone Inc. He indicated South Michigan had a heavy traffic use, and most of the traffic will be entering from Michigan Street. Jeannie DuBois, 133 E. Tasher, spoke against this zoning, she indicated this area has a lot of small children and increased traffic would endanger their safety. She presented a petition signed by 20 of the staff people at Monroe School against this zoning. Carol Derucki, 126 Farneman, spoke against this zoning. She indicated this area was residential even on South Michigan. She presented a petition with 185 signatures against this zoning. Mark Hohulin, 3218 S. St. Joseph; Ray Derucki, 126 Farneman; Gary Seiber, 149 E. Tasher; Daniel Papp, 122 E. Farneman; spoke against this zoning. Council Member Kelly made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to recess, seconded by Council Member Kelly. The motion carried and the meeting was recessed at 8:40 and reconvened at 8:50 p.m. 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 being the time heretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. John Byorni, Area Plan, gave the commission report, which came to the Council with no recommendation, and he indicated the staff recommends this be declined. Ken Fedder, attorney, made the presentation for the bill. He indicated this restaurant was formerly Ettl's grocery store which he converted in the late 70s. He indicated this property was zoned to "C" commercial in 1979, and rezoned again in 1985, however, a final site plan was not filed for either zoning and they reverted back to "A" residential. He indicated they were requesting this "C" zoning to legalize the existing building and we will need to zone additional land for parking. Mike Danch, Peirce & Associates, indicated the parking requirements is 179 cars, however, they designed the proposed lot with 189 parking spaces, added a 6 foot wood screening fence, and a large retention basin. Bruno Cataldo, 2610 Prairie, indicated he would try to do his best not to cause trouble with the neighbors. John Cataldo, 22027 St. Rd. 23, indicated he is now involved with the restaurant full -time. He indicated the future of Bruno's Pizza was his future. John Hamilton, attorney, 3429 Locust Road, indicated the neighbors have had on -going problems with Bruno's. Carolyn Vandeputte, 2510 Prairie, indicated that because of the garbage and junk that has been tossed on the property, instead of in a dumpster, she had rats on her property. Diana Bordon, 2731 Locust Rd., indicated a parking lot would never clean up the mess on this property. Don Nowicki, 519 W. Calvert, president Rum Village Neighborhood Association, indicated Mr. Cataldo has not been a good neighbor. He asked that this petition be denied. Mike Thielke, 2528 Prairie, indicated this property has been used as a landfill and junk yard for 17 years. Kathy Dempsey, Director of Code Enforcement, indicated this property was cited in May for numerous items. She indicated that a week ago the property was finally in compliance. Council Member Zakrzewski made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Luecke. The motion carried on a roll call vote of five ayes and four nays (Council Members Puzzello, Coleman, Duda and Ladewski.) 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. ,30 REGULAR MEETING NOVEMBER 9, 1992 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 Luecke made a motion to amend this bill in Section 3 by adding 5th, seconded by Council Member Slavinskas. The motion carried. Joseph Fragomeni, Cole and Associates, made the presentation for the bill. He indicated he was a partner in the Stonehedge development and they recently sold a parcel of land to a church group, in order that a church could be built on the property. He indicated this was a voluntary annexation. 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. 75 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT SEVERAL LOTS BOUNDED BY MICHIGAN, BARTLETT, PARKLANE AND MAIN STREETS 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 Commission Report, which was favorable. Rick Morgan, attorney, made the presentation for the bill. He indicated Memorial Hospital had 191 parking spaces on site for employees and this zoning would allow for 150 more. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Coleman. The motion carried. Council Member Luecke indicated he had discussions with a representative of the hospital about landscaping, particularly along Michigan Street and perhaps some on the inside of the parking lot. Mr. Morgan indicated that in addition to the final site plan there will be a landscaping plan that will include Michigan Street and Leeper Park. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 83 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF W. OAK STREET FROM THE EAST RIGHT -OF -WAY LINE OF N. CUSHING STREET TO THE NORTHWESTERLY RIGHT -OF -WAY LINE OF N. CHAPIN STREET; AND THE FIRST NORTH -SOUTH ALLEY EAST OF N. CUSHING STREET FROM THE SOUTH RIGHT -OF -WAY LINE OF W. OAK STREET TO THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF W. OAK STREET FOR A DISTANCE OF APPROXIMATELY 193.25 FEET AND A WIDTH OF APPROXIMATELY 20.06 FEET. This being the time heretofore set for public hearing on the above bill, proponent and opponents were given an opportunity to be heard. Council Member Slavinskas indicated that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Solon Orfanos, 308 E. Cushing, made the presentation for the bill. He indicated this alley has not been used for many, many years. He said this would improve the security in the neighborhood, as well as prevent the dumping of trash in this area. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 86 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 11 OF CHAPTER 6 OF THE MUNICIPAL CODE RELATING TO THE REGISTRATION OF BUILDING CONTRACTORS. 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 the Public Safety Committee had met on this bill and recommended it to the Council favorable. Don Fozo, Building Superintendent, made the presentation for the bill. He indicated that this bill would have each applicant provide a surety bond in the amount of $5,000, as well as change the effective date of the registration to January 1, 1993. Council Member Coleman made a motion to recommend this bill to the Council favorable, 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 10:35 p.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8308 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA TO CREATE A RIVER BEND HISTORIC PRESERVATION DISTRICT. 431 REGULAR MEETING NOVEMBER 9, 1992 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 Kelly. The bill passed by a roll call vote of eight ayes and one nay (Council Member Washington.) BILL NO. 71 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH MICHIGAN STREET AND FARNEMAN STREET IN SOUTH BEND, INDIANA. This bill had third reading. Council Member Slavinskas made a motion to defeat this bill, seconded by Council Member Coleman. The motion passed on a roll call vote of nine ayes. 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 third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Washington. The motion carried. Council Member Zakrzewski made a motion to defeat this bill, seconded by Council Member Washington. Council Member Zakrzewski made a motion to defeat this bill, seconded by Council Member Washington. The motion passed on a roll call vote of five ayes and four nays (Council Members Puzzello, Coleman, Duda and Ladewski.) ORDINANCE NO. 8309 -92 AN ORDINANCE 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. 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 Washington. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8310 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT SEVERAL LOTS BOUNDED BY MICHIGAN, BARTLETT, PARKLANE AND MAIN STREETS 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 Kelly The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8311 -92 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF W. OAK STREET FROM THE EAST RIGHT -OF -WAY LINE OF N. CUSHING STREET TO THE NORTHWESTERLY RIGHT -OF -WAY LINE OF N. CHAPIN STREET; AND THE FIRST NORTH -SOUTH ALLEY EAST OF N. CUSHING STREET FROM THE SOUTH RIGHT -OF -WAY LINE OF W. OAK STREET TO THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF W. OAK STREET FOR A DISTANCE OF APPROXIMATELY 193.25 FEET AND A WIDTH OF APPROXIMATELY 20.06 FEET. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8312 -92 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND TO AMEND DOCUMENTS RELATING TO ITS ECONOMIC DEVELOPMENT REFUNDING REVENUE BOND, SERIES 1983 (COLUMBIA PLACE ASSOCIATES PROJECT) AND APPROVING AND AUTHORIZING OTHER ACTION IN RESPECT THERETO. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8313 -92 AN ORDINANCE OF BEND, INDIANA, MUNICIPAL CODE CONTRACTORS. THE COMMON COUNCIL OF THE CITY OF SOUTH AMENDING ARTICLE 11 OF CHAPTER 6 OF THE RELATING TO THE REGISTRATION OF BUILDING This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8314 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE REFUNDING BONDS (REGENCY PLACE PROJECT). REGULAR MEETING NOVEMBER 9, 1992 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 Washington. The motion carried. Council Member Duda made a motion to pass the bill, as amended, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. RESOLUTIONS Council Member Slavinskas made a motion to combine public hearing on the next two resolutions, seconded by Council Member Coleman The motion carried. G RESOLUTION NO. 1883 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 4300 QUALITY DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR ACCURIDE, INDIANA, 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 4300 Quality Drive and which is more particularly described as follows: Parcel I: Lot Numbered Eight (8) as shown on the recorded Plat of Landmark Business Park, Section Six, Part One, recorded October 19, 1989, in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 8928004. Parcel II: A Tract of land in the North Half of Section 19, Township 38 North, Range 2 East, City of South Bend, German Township, St. Joseph County, Indiana, said tract being more particularly described as follows: Commencing at the north Quarter corner of said Section 19; Thence South OOo54138" along the East line of said Northwest Quarter 119.75 feet to the South right -of -way line of Brick Road; thence North 880 47124" West on and along said South line a distance of 845.29 feet; thence South 00052 -54" East a distance of 679.54 feet, said point being the true place of beginning; thence continuing South OOo52104" East a distance of 175.75 feet to PC of a 25.00 foot radius curve to the right; thence along said curve through a central angle of 49058119" West, an arc distance of 21.68 feet to a point of reverse curve with a 60.00 foot radius curve to the left; thence along said curve through a central angle of 93047108 ", a chord length of 87.60 feet which bears South O1o55107" West, an arc distance of 98.20 feet; thence South 45052'04" West a distance of 300.00 feet; thence north 89055138" East a distance of 426.53 feet to the place of beginning. Subject to legal highways. with said real estate having the following Key No. 25 1017 0604, 25 1017 0602 and 25 1017 0602.01 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 Real Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of 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/ Stephen Luecke Member of the Common Council 433 REGULAR MEETING NOVEMBER 9, 1992 RESOLUTION NO. 1984 -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 4300 QUALITY DRIVE, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ACCURIDE INDIANA, 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 4300 Quality Drive and which is more particularly described as follows: Parcel I: Lot Numbered Eight (8) as shown on the recorded Plat of Landmark Business Park, Section Six, Part One, recorded October 19, 1989, in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 8928004. Parcel II: A Tract of land in the North Half of Section 19, Township 38 North, Range 2 East, City of South Bend, German Township, St. Joseph County, Indiana, said tract being more particularly described as follows: Commencing at the north Quarter corner of said Section 19; Thence South OOo54138" along the East line of said Northwest Quarter 119.75 feet to the South right -of -way line of Brick Road; thence North 880 47'24" West on and along said South line a distance of 845.29 feet; thence South OOo52 -54" East a distance of 679.54 feet, said point being the true place of beginning; thence continuing South OOo52104" East a distance of 175.75 feet to PC of a 25.00 foot radius curve to the right; thence along said curve through a central angle of 49058'19" West, an arc distance of 21.68 feet to a point of reverse curve with a 60.00 foot radius curve to the left; thence along said curve through a central angle of 93047'08 ", a chord length of 87.60 feet which bears South 01055'07" West, an arc distance of 98.20 feet; thence South 45052104" West a distance of 300.00 feet; thence north 89055138" East a distance of 426.53 feet to the place of beginning. Subject to legal highways. with said real estate having the following Key No. 25 1017 0604, 25 1017 0602 and 25 1017 0602.01 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 resolutions at this time. Jim Ongley, Vice President of Accuride, made the presentation for the resolution. He indicated they planned to build a facility, which will manufacture ball bearing drawer slides. Kevin Hughes, Project Future, spoke in favor of these abatements. Council Member Coleman made a motion to adopt Resolution No. 1983 -92, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 1984 -92, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. 434. REGULAR MEETING NOVEMBER 9, 1992 RESOLUTION NO. 1985 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 110 SOUTH HILL TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX YEAR REAL PROPERTY TAX ABATEMENT FOR MAS TECHNOLOGY CORPORATION. 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 110 S. Hill and which is more particularly described as follows: Key Number Legal Description 18 -501 10207 W 1/2 Lot 171 Cottrells 1st to Lowell 18 -501 10308 40 ft End 81 1/2 Ft. E End Lot 171 1st to Lowell 18 -501 10209 42 1/2 ft E End lot 1272 Cottrells 1st to Lowell 18 50110210 Lot 172 Cottrells 1st to Lowell 28 50220321 49 1/2 ft West end Lots 177 & 178 EX South 12 ft Cotrells 1st Addition to Lowell 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 Real Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of three (3) years, 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. Barry Mangus, 1319 South, made the presentation for the bill. He indicated they planned to expand their present building, in order to increase their laboratory and office space. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1986 -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 137 E. OLIVE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GAINEY REALTY AND INVESTMENT CORP. 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 137 E. Olive, South Bend, Indiana, and which is more particularly described as follows: and which has Key Number 38056- 11904, 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; 4035 REGULAR MEETING NOVEMBER 9, 1992 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. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Larry Carrier, Grand Rapids, made the presentation for the resolution. He indicated Gainey Realty and Investment was renovating the former Fruehauf operation at 137 S. Olive. He said this property will be leased to Michiana Trailer Sales and Service, which will operate a truck trailer sales and repair business. 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. 436 REGULAR MEETING NOVEMBER 9, 1992 RESOLUTION NO. 1987 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR 1993 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for Community Development Block Grant Funds under Title I of the Housing and Community Development Act of 1974, as amended. NOW, THEREFORE BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to submit the 1993 Community Development Block Grant Application to the United States Government under Title I of the Housing and Urban Development Act of 1974, as amended, and take all other necessary actions to secure funds. SECTION II. That the Common Council of the City of South Bend, Indiana hereby requests that the Mayor submit the 1993 Community Development Block Grant Application to the Common Council for review and comment prior to the date upon which the Community Development block Grant Application must be filed with the Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Community Development Block Grant funds received upon received upon approval of this application. SECTION IV. That 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. Beth Leonard, Economic Development, gave the presentation. She indicated this resolution will allow the city to submit an application for the Community Development Block Grant funds. She indicated the final statement has been made available to the public in the City Clerk's office. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Leonard. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 88 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF S. MAGNOLIA FROM THE SOUTH RIGHT -OF -WAY LINE OF AN ALLEY RUNNING ALONG THE PENN CENTRAL RAILROAD AND BETWEEN S. MAGNOLIA STREET AND S. NASH STREET, AND THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF THE PENN CENTRAL RAILROAD FOR A DISTANCE OF APPROXIMATELY 379.85 FEET AND A WIDTH OF APPROXIMATELY 16 FEET. PART SITUATED IN OLIVER'S SECOND ADDITION IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on November 23, seconded by Council Member Duda. The motion carried. BILL NO. 89 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING ". 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. 90 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2017 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA, FOR DOUGLAS S. TAELMAN. 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. 91 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF LINCOLN WAY WEST FROM THE WEST RIGHT -OF -WAY LINE OF N. WALNUT TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING NORTH -SOUTH ALLEY WEST OF N. WALNUT; AND THE FIRST NORTH -SOUTH ALLEY WEST OF N. WALNUT FROM THE SOUTH RIGHT -OF -WAY OF LINCOLN WAY WEST TO THE NORTH RIGHT -OF -WAY LINE OF THE FIRST INTERSECTION EAST -WEST ALLEY SOUTH OF LINCOLN WAY WEST. 47 REGULAR MEETING NOVEMBER 9, 1992 This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on November 23, seconded by Council Member Duda. The motion carried. BILL NO. 92 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 -FOOT ALLEY LYING BETWEEN CLOVER ROAD AND OAKLAND STREET, A LENGTH OF APPROXIMATELY 361.00 FEET, MEASURED EAST /WEST AND 14.00 FEET, MEASURED NORTH - SOUTH, SITUATED SOUTH OF LOTS 1 THROUGH 5, 78 AND 79, ALL INCLUSIVE OF HIBBERD PLACE, SAID SUBDIVISION BEING A PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on November 23, seconded by Council Member Duda. The motion carried. BILL NO. 93 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS, ADDITIONS AND IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO PROVIDE FOR THE COSTS THEREOF, AND AUTHORIZING THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH WATERWORKS AND OTHER RELATED MATTERS. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Personnel and Finance and Utilities Committees and set it for public hearing and third reading on November 23, seconded by Council Member Coleman. The motion carried. BILL NO. 94 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1993, AND ENDING DECEMBER 31, 1993, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel & Finance and Utilities Committees and set it for public hearing and third reading on November 23, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 95 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $188,000.00 FROM THE MORRIS CIVIC CAPITAL IMPROVEMENT FUND. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing and third reading on November 23, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 96 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $130,000.00 FROM THE UDAG FUND TO BE USED TO DEFRAY ADMINISTRATIVE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND. 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 on November 23, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 97 -92 A BILL APPROPRIATING $2,994,000 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, 1993, 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 on November 23, seconded by Council Member Duda. The motion carried. BILL NO. 98 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3423 S. MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 99 -92 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1992. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing and third reading on November 23, seconded by Council Member Zakrzewski. The motion carried. [' -3s REGULAR MEETING NOVEMBER 9, 1992 BILL NO. 100 -92 A BILL INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1992. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing and third reading on November 23, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill No. 84 -92 for public hearing and third reading on November 23, and refer it to the Zoning and Vacation Committee, 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 Puzzello. The motion carried and the meeting was adjourned at 11:05 p.m. ATTEST: ATTEST: City Clerk President,/