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HomeMy WebLinkAbout12-14-92 Council Meeting Minutes452 REGULAR MEETING DECEMBER 14, 1992 II 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, December 14, 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 November 23 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 November 23, 1992 meeting 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 Duda. 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 December 14, 1992 at 7:08 p.m., with nine members present. Chairman Puzzello presiding. 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 46617. Council Member Coleman made a motion to continue this bill until January 25, 1993, seconded by Council Member Washington. 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 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 hade met on this bill and recommended it to the Council favorable. John Byorni, Sr. Planner, Area Plan, made the presentation for the bill. He indicated this bill was initiated in Area Plan, since they felt the one square foot sign limitation in "B" zoning was too restrictive. He indicated many existing offices have received variances from the BZA to install larger signs. He indicated this bill would allow freestanding signs up to 16 square feet; eliminate the need for site plan approval from the BZA for offices uses in "B" zoning; and establish new setbacks for the signs. Council Member Slavinskas made a motion to cross out the last line on page 1, which reads "engineers and insurance agents, provided no name plate ", seconded by Council Member Ladewski. The motion carried. 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. 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 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 on November 23, and recommended it to the Council favorable, as amended. 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. Rahul Sarkar, with Valley Engineering, made the presentation for the bill. He indicated they were requesting the vacation in order to have through access to the proposed parking lots of Taylor Moyer Insurance Agency. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 102 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF W. 4.5 8 REGULAR MEETING DECEMBER 14, 1992 VAN BUREN ST. FROM THE WEST RIGHT -OF -WAY LINE OF N. COTTAGE GROVE AVE. TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING NORTH -SOUTH ALLEY WEST OF N. COTTAGE GROVE AVE. FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. THE PART SITUATED BETWEEN LOTS #87 AND #88 IN THE CUSHING AND LINDSEY SUBDIVISION TO 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. Kevin Gorham, 729 Cottage Grove, made the presentation for the bill. He indicated he owned several properties on this alley and he was requesting this vacation in order to protect his home, which is an historic landmark. Joseph Mentaine, 718 Cottage Grove, spoke in favor of this bill. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 103 -92 A BILL TRANSFERRING $23,000 WITHIN ACCOUNTS WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF ACQUIRING REAL PROPERTY. 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. Cleo Hickey, Economic Development, made the presentation for the bill. She indicated this bill would transfer $23,000 from the Colfax Theatre account, toward the purchase of the Opelika Bldg. She indicated this will give them a total of $366,000 to acquire the building. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 104 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13 -57.05 OF THE MUNICIPAL CODE TO INCREASE THE FINE FOR INDIVIDUALS WHO VIOLATE SECTION 13 -57 OF THE MUNICIPAL CODE ON MORE THAN ONE OCCASION DURING A CALENDAR YEAR. 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. John Broden, attorney, made the presentation for the bill. He indicated the present fine does not sufficiently deter persons who repeatedly violate the code, therefore it was necessary that the fine for loud and raucous noise be increased. Joyce Boaler, 1606 Hillsdale, indicated she would like more information on this bill. Mario Sims, 1050 N. Johnson, spoke in support of this bill. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 105 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 2 -170.2 ENTITLED "POTAWATOMI ZOO NON - REVERTING CAPITAL IMPROVEMENT FUND ", NEW SECTION 2 -170.3 ENTITLED "MUNICIPAL GOLF COURSES NON - REVERTING CAPITAL IMPROVEMENT FUND ", AND NEW SECTION 2 -170.4 ENTITLED "PARK AND PICNIC FACILITIES NON - REVERTING CAPITAL IMPROVEMENT FUND ". This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Puzzello reported that the Personnel & Finance Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made the presentation for the bill. He indicated this bill would create three special non - reverting funds which will be funded by an increase in user fees. Phil St. Clair, acting park superintendent, indicated the anticipated increase in user fees would generate $80,000 in the zoo fund; $160,000 for the golf courses, and approximately $2,000 for the picnic area and rentals. Joyce Boaler, 1606 Hillsdale spoke against the $50 increase in golf fees, and asked if there was any break for the senior citizens. She was told there was only a $25 increase for the senior and junior players. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 106 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 1 -4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND ADDRESSING SIX COUNCILMANIC DISTRICTS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council President Luecke made the presentation for the bill. He said the committee had worked long hours to select the criteria and new boundaries. He thanked the committee members: Council Members Slavinskas and Ladewski; Penny Hughes and GlendaRae Hernandez from League of Women Voters; Mario Sims, representing the NAACP, as well as Norman Primas, Jeanette Moeller and Bruce Collier. He indicated the committee had received twenty -five plans for redistricting, and ended up with five top ranking maps. He indicated the Council would choose one of these maps to be the new map for redistricting the City. Mario Sims, President Northwest Neighborhood Association, 1050 N. Johnson, indicated the African - Americans did not have equal representation. He requested 04 REGULAR MEETING DECEMBER 14, 1992 that the Council ask for an extension of time from the State and not take any action on the six district maps and voluntarily request legislation for nine districts. He indicated there was only one black on the Council which was only 11% representation, however, we a have 20% black population in the City. Rev. Timothy Rouse, president of the local NAACP, spoke in support of a nine district Council. Norman Primus, 1433 Campeau, indicated he has been fighting for fair redistricting for 18 years. Council Member Luecke made a motion to continue this bill in the public hearing portion until December 28, seconded by Council Member Coleman. The motion carried. Council Member Zakrzewski made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:45 p.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING 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 third reading. bill, as amended in the Comm The motion carried. Council amended, seconded by Council nine ayes. After passage it passed December 28. Council Member Slavinskas made a motion to amend this ittee of the Whole, seconded by Council Member Coleman. Member Slavinskas made a motion to pass the bill, as Member Coleman. The bill passed on a roll call vote of was found that there was a substitute bill, which was ORDINANCE NO. 8325 -92 AN ORDINANCE 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 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 Duda. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 8326 -92 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF W. VAN BUREN ST. FROM THE WEST RIGHT -OF -WAY LINE OF N. COTTAGE GROVE AVE. TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING NORTH -SOUTH ALLEY WEST OF N. COTTAGE GROVE AVE. FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. THE PART SITUATED BETWEEN LOTS #87 AND #88 IN THE CUSHING AND LINDSEY SUBDIVISION TO THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8327 -92 AN ORDINANCE TRANSFERRING $23,000 WITHIN ACCOUNTS WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF ACQUIRING REAL PROPERTY. This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8328 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13 -57.05 OF THE MUNICIPAL CODE TO INCREASE THE FINE FOR INDIVIDUALS WHO VIOLATE SECTION 13 -57 OF THE MUNICIPAL CODE ON MORE THAN ONE OCCASION DURING A CALENDAR YEAR. This bill had third reading. Council Member Duda made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. 455 REGULAR MEETING DECEMBER 14, 1992 ORDINANCE NO. 8329 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 2 -170.2 ENTITLED "POTAWATOMI ZOO NON - REVERTING CAPITAL IMPROVEMENT FUND ", NEW SECTION 2 -170.3 ENTITLED "MUNICIPAL GOLF COURSES NON - REVERTING CAPITAL IMPROVEMENT FUND ", AND NEW SECTION 2 -170.4 ENTITLED "PARK AND PICNIC FACILITIES NON - REVERTING CAPITAL IMPROVEMENT FUND ". This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION 92 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 115 OHIO STREET, SOUTH BEND, INDIANA 46601 Council Member Slavinskas made a motion to defeat this bill, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1993 -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 FOR THE PROPERTY LOCATED AT THE VACANT PARTIAL LOT IMMEDIATELY SOUTH OF THE TAYLOR & MOYER INSURANCE OFFICE BUILDING AT 1416 MISHAWAKA AVENUE, SOUTH BEND, INDIANA. WHEREAS, Indiana Code Section 36 -7 -4- 918.6. requires the Common Council to give notice pursuant to Indiana Code Section 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 must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that it grant an exception to allow using the vacant lot for employee and customer parking. 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 Section 5- 14 -1.5 -5 requesting that a special exception be granted for the property located at the vacant partial lot immediately South of the Taylor & Moyer Insurance office building at 1416 Mishawaka Avenue, South Bend, Indiana, in order to permit parking for employees and customers. Section II. Following a presentation by the Petitioner, and after 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 of the City of South Bend, Indiana hereby 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 specific 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 this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. 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. 46 REGULAR MEETING DECEMBER 14, 1992 Section V. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ 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. Bob Nagle, assistant zoning administrator, indicted this exception had received a favorable recommendation from the BZA. Rahul Sarkar, of Valley Engineering made the presentation for the resolution. He indicated they were requesting this exception in order to allow the use of a vacant lot for employee and customer parking. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1994 -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 FOR THE PROPERTY LOCATED AT 1716 SOUTH MICHIGAN STREET SOUTH BEND, INDIANA. WHEREAS, Indiana Code Section 36 -7 -4- 918.6. requires the Common Council to give notice pursuant to Indiana Code Section 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 must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that it grant an exception to allow Applicants seek special exception for combined use to allow residential use of second floor apartment. The second floor has been an apartment before. One of the co- owners, Retha M. Kalka, desires to resume the use of the second floor apartment for her own personal use. The first floor is a business office for a public adjusting firm called Midwest Public Adjusting. 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 Section 5- 14- 1.5 -5. requesting that a special exception be granted for the property located at: 1716 South Michigan Street, South Bend, Indiana 46616 in order to permit Applicants seek special exception for combined use to allow residential use of second floor apartment. The second floor has been an apartment before. One of the co- owners, Retha M. Kalka, desires to resume the use of the second floor apartment for her own personal use. The first floor is a business office for a public adjusting firm called Midwest Public Adjusting. Section II. Following a presentation by the Petitioner, and after 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 of the City of South Bend, Indiana hereby 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 specific 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 this special exception is sought; and 5. The approval does not interfere substantially with the he Comprehensive Plan adopted by the City of South Bend. 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. REGULAR MEETING DECEMBER 14, 1992 li Section V. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ 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. Bob Nagle, assistant zoning administrator, indicated this exception had received a favorable recommendation from the BZA. Donald Wertheimer, attorney, made the presentation. He indicated the applicants were seeking an exception for residential use of the second floor apartment. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted on a roll call vote of nine ayes. RESOLUTION NO. 1995 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 1400 RIVERSIDE DR TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, 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 1400 Riverside Dr. and which is more particularly described as follows: Beginning at the Southeast corner of the Southwest 1/4 of said Section 35; thence South 89 49' 52" West (bearing assumed) along the South line of said Section 308.97 feet; thence north 89 55' 00" west, 116.24 feet; thence North 00 00' 27" West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55'00" West along said north line of alley, 236.61 feet to a point 120.00 feet south 89 55100" east of the east line of Kessler Boulevard, 128.00 feet to a point on the south line of King Street, 180.00 feet south 89 55' 18" east of the northeast corner of Lot 10 as shown on the second plat of Northwest addition to the City of South Bend recorded April 6, 1906 in Plat Book 0, pages 30 and 31; thence south 89 55' 18" east along the south line of King Street, 352.84 feet; thence north 00 00' 27" West, 194.85 feet to a point on the centerline of the East and West 14 foot alley between King Street and McCartney Street proceed East; thence North 99 06' 09" east, 128.81 feet; thence north 89 46' 49" east 287.05 feet to the Westerly line of Riverside Drive; thence south 16 37' 15" west along a chord subtending said Westerly line of Riverside Drive,466.43 feet to the South line of said Section 35; thence North 90 00' 00" west along said south line, 155556.71 feet to the point of the beginning. Commencing at the southwest corner of the 1/4 of said section 35; thence North 00 00' 30" West (bearing assumed) along the east line of said southwest 1/4 a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing north 00 00' 30" west along said East line 336.00 feet to the South line of Queen Street; thence south 89 56' 09" West along said South line of Queen Street 176.60 feet; thence North 00 02' 36" East 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56' 09" West along said centerline of alley 131.27 feet; thence south 00 06' 09" west along the East line of Lot 145 in the Third Plot of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street; thence South 89 56' 09" west along said south line of Queen Street, 12.93 feet to the east line of Allen Street; thence south 00 05' 51" west along said East line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58' 27" east along said South line of McCartney Street, 12.91 feet; thence South 00 06109" west 6.11 feet; hence North 89 56' 09" east 308.71 feet to the Point of Beginning. with said real estate having the following Key No. 18 2110 -4067, 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 REGULAR MEETING DECEMBER 14, 1992 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 A public hearing was held on the resolution at this time. Mike Kaler, chief financial officer, made the presentation. He indicated that Lock Joint Tube has had a 40% growth in orders, and this expansion of warehouse space and shipping docks allow us to maintain this growth level. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1996 -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 2820 VIRIDIAN STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MACK TOOL & ENGINEERING, 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 2820 Viridian and which is more particularly described as follows: Airport Industrial Park - Lot 5 -3A1, a part of the southeast quarter of Section 28, Township 38 North, Range 2 East of the second principal meridian, City of South Bend, St. Joseph County, Indiana. with said real estate having the following Key No. 25 1010 040029, 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. Mel Hartz, owner of Mack Tool, made the presentation for the bill. He indicated their business is continuing to grow and with this expansion they would add three new jobs. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1997 -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 3601 LATHROP STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 6 YEAR REAL PROPERTY TAX ABATEMENT FOR P.A.I. PROPERTIES. 459 REGULAR MEETING DECEMBER 14, 1992 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 3601 Lathrop and which is more particularly described as follows: A part of the Southeast Quarter of Section 28, Township 38 North, Range 2 East of the Second Principal Meridian, German Township, St. Joseph County, Indiana and described as follows: Commencing at the Southeast corner of said Section 28 said point being at the intersection of centerlines of Bendix Drive and Lathrop Street, thence North 90 -00 -00 West (bearing assumed along the South line of the Southeast quarter of said Section 28 (being along the centerline of Lathrop 1423.75 feet; thence North 00 -05 -56 East, 40.00 feet to the point of beginning; thence North 90 -00 -00 West 454.93 feet; thence North 00 -05 -56 East 803.76 feet; thence North 45 -40 -30 East, 143.40 feet; thence North 44 -29 -49 East, 191.12 feet to the South line of 40' easement granted to C.S.S. and South Bend Railroad; thence South 45 -02 -33 East along the said southerly easement 202.36 feet; thence South 00 -16 -23 East, 606.98 feet; thence South 00 -05 -56 West, 360.20 feet to the point of beginning and containing 10.226 acres more or less and is subject to easements, restrictions and or covenants of record. with said real estate having the following Key No. 25 1010040028 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 six (6) 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, made the presentation for the bill. He indicated the petitioner was the owners of the property which was leased to North American Signs, who install maintain and repair signs. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1998 -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 502 S. FELLOWS AND 423 EAST SOUTH STREETS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR MONROE PARK APARTMENT, L.P. 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 502 S. Fellows and 423 East South streets, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the east half of the southwest quarter of Section 12, Township 37 north, Range 2 east, Portage Township, in the City of South Bend, St. Joseph County, Indiana, being lots 2, 3, and 4 of Jodon's subdivision as recorded in book 3, page 12 at the St. Joseph County Recorder's Office in South Bend, Indiana. 460 REGULAR MEETING DECEMBER 14, 1992 Parcel of land in the west half of the southwest quarter of Section 12, Township 37 north, Range 2 east, Portage Township, in the City of South Bend, St. Joseph County, Indiana, being Lots 2, 3, 4, 5, 6, 7, 8, 15, 16 and 17 of John Rush's First Addition as recorded in Book 2, Page 53 at the St. Joseph County Recorder's Office in South Bend, Indiana. and which has Key Number 18 3030 and 18 -3027, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq., and South Bend Municipal Code Sections 2 -76 et seq. and; WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council hereby determines and finds that the petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et seq., for tax abatement. Section II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment of rehabilitation: D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. Section III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. Section IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposed of real property tax abatement. Section V. The designation as an Economic Revitalization area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. Section VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of Ten (10) years. Section VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. Section VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /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, as amended. Thomas McCalley, general partner, made the REGULAR MEETING DECEMBER 14, 1992 presentation. He indicated that 100% of the units will be leased to those families whose income is under 60% of the area median income. He indicated the rental will be $381 for a one bedroom $462 for a two bedroom and $536 for a three bedroom. Council Member Slavinskas made a motion to amend this bill by adding a new Section 4 to read "The petitioner qualifies for 6 years of real property tax abatement under Section 2 -77 (Multi - family Real Property Tax Abatement) of the Tax Abatement Ordinance No. 8065 -90.) However, the petitioner is requesting a 10 year abatement. According to the tax abatement guidelines, multi - family housing projects qualify for ten years of abatement if hard costs are greater than $4,000,000 and at least 20% of the units are available for occupancy by low or moderate income families. The South Bend Common Council believes that the project should be considered for a 10 year abatement pursuant to Section 2 -84 of the South Bend Municipal Code because: (1) 100% of the units will be rented to low income families, (2) the $3,200,000 in hard dollar cost is 80% of the $4,000,000 guideline and far exceeds the $1,000,000 guideline set for a 6 year abatement, and (3) the project is an integral part of the neighborhood's efforts for revitalization., seconded by Council Member Duda. The motion carried. Gene Oakley, 2614 York Rd., spoke in favor of this resolution. Ann Kolata, Redevelopment Director, spoke in favor of the resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 107 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IMMEDIATELY SOUTH OF AND ADJACENT TO THE SOUTH BOUNDARY OF THE SCOTTSDALE MALL, 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 Slavinskas. The motion carried. BILL NO. 108 -92 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 323 IRELAND ROAD 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 Washington. The motion carried. BILL NO. 109 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1315 EAST IRELAND ROAD 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. 110 -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 AND GENERALLY LOCATED 200 FEET EAST OF IRONWOOD ROAD AND 1,110 FEET NORTH OF IRELAND ROAD IN PENN TOWNSHIP, 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 December 28, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 111 -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 AND GENERALLY LOCATED 800 FEET SOUTH OF JACKSON ROAD ON THE EAST SIDE OF IRONWOOD ROAD IN PENN TOWNSHIP, 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 December 28, seconded by Council Member Duda. The motion carried. BILL NO. 112 -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 AND GENERALLY LOCATED 600 FEET EAST OF IRONWOOD ROAD ON THE SOUTH SIDE OF INWOOD ROAD IN PENN TOWNSHIP, 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 December 28, seconded by Council Member Duda. The motion carried. BILL NO. 113 -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 AND GENERALLY LOCATED ON THE NORTH SIDE OF CREEKWOOD DRIVE WITHIN THE CREEKWOOD VILLAS SUBDIVISION IN CLAY TOWNSHIP, 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 December 28, seconded by Council Member Duda. The motion carried. BILL NO. 114 -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 AND GENERALLY LOCATED ON THE EAST SIDE OF THE SOUTHERN END OF SAMPSON DRIVE, EXTENDED, SOUTH OF GALWAY DRIVE IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. 462 REGULAR MEETING DECEMBER 14, 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 December 28, seconded by Council Member Duda. The motion carried. BILL NO. 115 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RESCINDING ORDINANCE NO. 8261 -92 OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ANNEXING CERTAIN TERRITORY CONTIGUOUS THEREWITH ". This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on December 28, seconded by Council Member Duda. The motion carried. BILL NO. 116 -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 Duda made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing and third reading on December 28, seconded by Council Member Zakrzewski The motion carried. BILL NO. 117 -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 FUND 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 Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing and third reading on December 28, seconded by Council Member Duda. The motion carried. BILL NO. 118 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 6 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "TAX ABATEMENT PROCEDURES ". This bill had first reading. Council Member Kelly made a motion to refer this bill to the Human Resources Committee and set it for public hearing and third reading on December 28, seconded by Council Member Washington. The motion carried. BILL NO. 119 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE TRANSFER OF PARK PROPERTY TO THE SOUTH BEND COMMUNITY SCHOOL CORPORATION. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Parks Committee and set it for public hearing and third reading on December 28, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion January 25 and refer it to the Zoning Member Duda. The motion carried. PRIVILEGE OF THE FLOOR to set Bill No. 101 -92 for public hearing on and Vacation Committee, seconded by Council Joyce Boaler, 1606 Hillsdale, spoke against the leaf pickup program. She showed pictures of the leaves scattered around her neighborhood. James Cierzniak, 1156 E. Victoria, spoke against the football hall of fame. He asked the Council to have a public survey as to how the people feel about the project. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Ladewski. The motion carried and the meeting was adjourned at 9:35 p.m. ATTEST: City Clerk ATTEST: President