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HomeMy WebLinkAbout04-12-93 Council Meeting Minutesp2. REGULAR MEETING APRIL 12, 1993 Be it remembered that the Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, April 12, 1993, 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, Coleman, Duda, and Ladewski Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the March 22, 1993, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Stephen Luecke /s /Loretta Duda Council Member Coleman made a motion that the minutes of the February 22, and March 8, 1993, meetings of the Council be accepted and placed on file, seconded by Council Member Washington. The motion carried. RESOLUTION NO. 2029 -93 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 CLAY TOWNSHIP (STOUFFER ANNEXATION). 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 generally located on the north side of Creekview Drive within the Creekwood Villas Subdivision. Creekwood Villas is on the north side of Hepler Street just west of Hickory Road and is needed and can be used by the City of South Bend for its development in the reasonably near future, 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 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 Clay Township, St. Joseph County, Indiana, described as follows: r�0 REGULAR MEETING APRIL 12, 1993 A parcel of land located in the East half of the northeast quarter of Section 32, Township 38, North, Range 3 East, Clay Township, St. Joseph County, Indiana. More particularly described as follows: Commencing at the Southeast corner of the Northeast Quarter of Section 32; thence West 905 feet, more or less, thence North 842 feet, more or less, to the Southeast corner of lot 14, Creekwood Villas, Section One, being the point of beginning; thence North 250 feet, thence North 842 feet, more or less, to the Southeast corner of lot 15, Creekwood Villas, Section One, being the point of beginning; thence North 250 feet, thence East 204.64 feet, thence South 243.96 feet, thence Southwest 204.73 feet, to the point of beginning, containing 1.170 acres, more or less. Key Number 02- 2023 - 0549.02, to 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. Council Member Slavinskas, reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Larry Magliozzi, Economic Development, made the presentation for the resolution. He indicated this annexation was passed in January of 1993, however, there was an error in the legal and it was necessary to pass this again. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. 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 April 12, 1993, at 7:05 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 101 -92 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 804 N. LAFAYETTE (MADISON SCHOOL) IN THE CITY OF SOUTH BEND, INDIANA. Council Member Luecke made a motion to continue this bill indefinitely, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 7 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1847, 1851, AND 1855 PRAIRIE AVENUE 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, indicated that the Commission had recommended this bill favorable, however, the staff had recommended against this zoning due to the residential aspect of the neighborhood. Terry Munger, a partner in Action Machine, indicated they were landlocked and could not expand. He indicated they shared a common wall with the old Gruber grocery store, which has been empty for three years, and they wanted to use this area for warehousing and retail sales. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 8 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT NORTH SIDE OF THE T- INTERSECTION OF HOPE AVENUE, BENTLEY AVENUE �2e9 REGULAR MEETING APRIL 12, 1993 AND PATTY LANE, PORTAGE TOWNSHIP, IN THE CITY OF SOUTH BEND, INDIANA. Council Member Puzzello made a motion to continue public hearing on this bill until April 26, at the request of the petitioner, seconded by Council Member Luecke. The motion carried. BILL NO. 20 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY WEST OF NORTH LAPORTE AVENUE FROM THE NORTH RIGHT -OF -WAY LINE OF WEST WASHINGTON STREET TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING ALLEY NORTH OF WEST WASHINGTON STREET FOR A DISTANCE OF APPROXIMATELY 172 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN ROCKAFELLER'S THIRD ADDITION 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. Pat Lynch, 726 W. Washington, made the presentation for the bill. He indicated he was representing the owners of the adjacent propertry in the request for this vacation for safety, as well as aesthetic reasons. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 21 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF W. DONALD ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. MAIN ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF S. MAIN ST., FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 11 FEET. PART SITUATED IN BOWMAN'S ADDITION 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. David DeVliegher, 829 Wheatley Dr., made the presentation for the bill. He indicated this alley has not been used as such for forty years, and none of the adjoining properties need this alley for access. Jim Ford, 2206 S. Main, spoke in favor of this vacation. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 22 -93 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 had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, made the presentation for the bill. He indicated that the Commission is required to submit a zoning plan for all newly annexed property, and this bill would eliminate that requirement as well as the Council having to rezone annexed property which comes into the City as "A" Residential. He indicated this would also allow the Building Department to issue permits for all allowed uses in the "A" Residential District. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 23 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH LAFAYETTE FROM THE NORTH RIGHT -OF -WAY LINE OF WEST BROADWAY TO THE SOUTH RIGHT -OF -WAY LINE OF WEST STULL AND VACATING THE FIRST EAST -WEST ALLEY NORTH OF WEST BROADWAY FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH FRANKLIN TO THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH FRANKLIN. — Council Member Coleman made a motion to continue public hearing on this bill until April 26, since it had not been heard by Public Works, seconded by Council Member Washington. The motion carried. BILL NO. 24 -93 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 (STOUFFER ANNEXATION). 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. Larry Magliozzi, Economic Development, made the presentation for the bill. He indicated this was the second time for this bill to be passed. He indicated that in January the bill was passed with an error in the legal, and it was necessary to resubmit the annexation and pass it again. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Luecke. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. rod REGULAR MEETING City Clerk REGULAR MEETING RECONVENED APRIL 12, 1993 ATTEST: 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 7:24 p.m. Council President Luecke presided, and nine members were present. BILLS, THIRD READING ORDINANCE NO. 8365 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1847, 1851, AND 1855 PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Puzzello 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. 8366 -93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY WEST OF NORTH LAPORTE AVENUE FROM THE NORTH RIGHT -OF -WAY LINE OF WEST WASHINGTON STREET TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING ALLEY NORTH OF WEST WASHINGTON STREET FOR A DISTANCE OF APPROXIMATELY 172 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN ROCKAFELLER'S THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Duda made a motion to pass this bill., seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8367 -93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF W. DONALD ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. MAIN ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF S. MAIN ST., FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 11 FEET. PART SITUATED IN BOWMAN'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8368 -93 AN ORDINANCE 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. Council Member Kelly 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. 8369 -93 AN ORDINANCE 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 R.'HE NORTH SIDE OF CREEKWOOD DRIVE WITHIN THE CREEKWOOD VILLAS SUBDIVISION IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (STOUFFER ANNEXATION). This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of` nine ayes. RESOLUTION RESOLUTION NO. 2030 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 119 WEST WAYNE, SOUTH BEND, INDIANA 46601 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX YEAR REAL PROPERTY TAX ABATEMENT FOR COYNE INVESTMENTS LIMITED PARTNERSHIP DOWNTOWN SOUTH BENI) PARKING GARAGE REHABILITATION. 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 119 West Wayne and which is more particularly described as follows: Lots 289 -290 and 291 Original Plat t,2; REGULAR MEETING APRIL 12, 1993 119 West Wayne Street South Bend IN 46601 with said real estate having the following Key No. 18 3007 0239, 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 resolution. He indicated they were requesting the abatement in order to do renovations in the amount of $750,000 to the parking garage at 119 W. Wayne. He indicated parking garages are not automatically eligible for tax abatement, however, the garage has deteriorated and is in need of major repairs. Council Member Ladewski indicated tax abatement was not meant for maintenance repairs. 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 five ayes and four nays (Council Members Washington, Zakrzewski, Duda and Ladewski.) RESOLUTION NO. 2031 -93 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 THE SOUTHEAST CORNER OF IRELAND AND MIAMI ROADS, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY /SCOTTSDALE MALL. Whereas, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as the Southeast corner of Ireland and Miami Roads, South Bend, Indiana, and which is more particularly described as follows: A parcel of real estate in the County of St. Joseph, State of Indiana and described as follows: A parcel being part of the North Half of the Southwest Quarter of Section 30, Township 37 North, Range 3 East, City of South Bend, Centre Township, St. Joseph County, Indiana, described as follows: Commencing at the Northwest corner of said quarter; thence South 89054'37" East (bearing assumed) along the North line of said quarter, a distance of 260.00 feet to the point of beginning; thence continuing along said North line a distance of 1052.00 feet, thence South OOo05111" West, a distance of 870.00 feet; thence North 89059116" East, a distance of 53.00 feet; thence South OOo04132" West, a distance of 150.00 feet; thence South 89055120" East, to the West line of Scottsdale Addition, Section "A ", a distance of 484.86 feet; thence South OOo25108" East, along said West line to the North right -of -way of U.S. Route 20 bypass, a distance of 156.25 feet; the next (3) calls being on the North said right -of -way; thence Deed; South 69058'00" West, a distance of 421.39 feet, (measured: South 70o28136" West, 313.64 feet and South 70o27131" West, 106.22 feet) to the South line of said North Half; thence along said North line, North 89052'45" West, a distance of 1397.83 feet; thence North 0005'50" East, along the East side of a tract purchased by I.D.O.T. for right -of -way, a distance of 788.54 feet; thence North 89027'44" West, to the East right -of -way line county), a distance of 19.84 feet; thence along he said East right -of -way line South 0004121" East a distance of 788.69 feet;thence North 89052'45" West, a distance of 40.00 feet to the West line of said quarter section; thence North ,526 REGULAR MEETING APRIL 12, 1993 OOo00'00" East, along said West line, a distance of 1046.67 feet; thence Deed: South 89o54126" East, a distance of 260.00 feet; thence North OOo00'00" East, a distance of 270.00 feet to the point of beginning. and which has Key Number 231009 -0582, 231009- 0582B, and 231009- 0582C, 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. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated the mall planned a 7.9 million expenditure bringing the r27 REGULAR MEETING APRIL 12, 1993 total improvements over the last two years to $11.4 million. He indicated the renovation will include a new six screen movie theater, a food court, new skylights, escalators, and miscellaneous other improvements. Joyce Boaler, 1606 Hillsdale, indicated that a year ago there were nearly 60 stores in the mall, and only 49 remain. She indicated that high rents have forced store closings. Gene Oakley, 2614 York Road, indicated that the mall's previous owners had caused 20 years of delay in construction of the Bypass. Council President Luecke indicated that Scottsdale Mall was one of the City's largest taxpayers, and the City was interested in its success. Council Member Slavinskas 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. 2032 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 321 -323 SOUTH MAIN STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEVE SOMMERS (DBA: AJSS PROPERTY MANAGEMENT) 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 321 -323 South Main Street and which is more particularly described as follows: Lot 274 except 22 x 90 feet NE corner, Original Plot, South Bend with said real estate having the following Key No. 1830080263, 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 A public hearing was held on the resolution at this time. Stephen Sommers, 51574 Kenilworth, made the presentation for the bill. He indicated they planned to renovate this building at a cost of approximately $300,000. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2033 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3300 W. SAMPLE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR EMTECH CORPORATION WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3300 W. Sample, South Bend, Indiana, and which is more particularly described as follows: Parcel I: A tract of land in the Northeast Quarter of the Northeast Quarter of Section 16, Township 37 North, Range 2 East, bounded by a line running as follows, viz: Beginning at a point 338 feet East of the Northwest corner of the Northeast Quarter of the Northeast Quarter of said Section 16; thence running East along the North line of said Section 16 a distance of 657.7 feet; thence N5T, REGULAR MEETING APRIL 12, 1993 South 900.6 feet; thence West 657.1 feet; thence North 900.6 feet to the place of beginning. Subject also to a right of way of the New Jersey, Indiana & Illinois Railroad Company, as conveyed to it by Warranty Deed dated February 11, 1930, recorded in Deed Record 227, page 293 in the County Recorder's Office of St. Joseph County, Indiana. Parcel II: A certain tract of land in Belleville Industrial District, in Section 16, township 37 North, Range 2 East, described as follows: Beginning at the intersection of the center line of the New Jersey, Indiana & Illinois Railroad Spur and the North line of proposed Industrial Avenue, said intersecting point beginning 900.6 feet South and 1329.87 feet East of the Northwest corner of the Northeast Quarter of Section 16, Township 37 North, Range 2 East; thence East along the North line of proposed Industrial Avenue if extended East 664.5 feet; thence South parallel with the West line of the Northeast Quarter of said Section 16, 311.5 feet to the center line of said New Jersey, Indiana & Illinois Railroad Company's Spur line running in a Southwesterly and Northwesterly direction; thence Southwesterly and Northwesterly along the center line of said spur line 1096.5 feet to the place of beginning, excepting therefrom all railroad right -of -ways within said tract; and also excepting therefrom a tract of land described as beginning at a point 9 feet East of and 900.6 feet South of the Northwest corner of the Northeast Quarter of the Northeast Quarter of Section 16, Township and Range aforesaid; thence running East parallel with and 900.6 feet South of the North line of said Section 16 a distance of 329 feet; thence South parallel with and 338 feet East of the West line of the Northeast Quarter of the Northeast Quarter of said Section 16, a distance of 38 feet; thence West parallel with and 938.6 feet South of the north line of aid Section 16 a distance of 329 feet; thence North parallel with and 9 feet East of the West line of the Northeast Quarter of said Section 16 a distance of 38 feet to the place of beginning. and this property has Key Number 18 8112 4211, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2 -76 et seq.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2 -76 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the COMMON COUNCIL of the City of South Bend, Indiana, as follows: Section I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that; (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits Form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common council hereby determines that the property owner is 2 REGULAR MEETING APRIL 12, 1993 qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution a this time. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Gregg Mee, 16621 Norwich, president of Emtech, made the presentation. He indicated they were planning to expand by purchasing new equipment which will allow them to better control their manufacturing process. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Puzzello made a motion to combine public hearing on the next two resolutions, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2034 -93 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 3722 FOUNDATION DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR ALDEDO COMPANY, L.L.C. 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 3722 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: 5.72 acres irregular tract South side Foundation Court beginning 318.73 feet East and 528.34 feet North of South West corner of South East quarter being Lot 6 -5; Airport Industrial Park, phase 3, Section 28- 38 -2E. and which has Key Number 25 1010 040018, 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. REGULAR MEETING APRIL 12, 1993 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 Three (3) 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 RESOLUTION NO. 2035 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3722 FOUNDATION DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR O -T -D CORPORATION WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3722 Progress Dr. South Bend, Indiana, and which is more particularly described as follows: 5.72 acres irregular tract South side Foundation Court beginning 318.73 feet East and 528.34 feet North of South West corner of South East quarter being Lot 6 -5; Airport Industrial Park, phase 3, Section 28- 38 -2E. and this property has Key Number 25 1006 0296, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2 -76 et seq.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2 -76 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the COMMON COUNCIL of the City of South Bend, Indiana, as follows: Section I. The Common Council hereby determines and finds pursuant to Indiana_ Code 6 -1.1- 12.1 -4.5, that; (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be expected to result. from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be reasonably expected to result from the.proposed installation of new equipment.; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested.. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for REGULAR MEETING APRIL 12, 1993 Personal Property Tax Abatement Consideration and that the Statement of Benefits Form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation, SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on these bills and recommended it to the Council favorable. Tom Hoffman, Vice President of the company, made the presentation. He indicated that was a new business in South Bend that manufactures, sells, leases and services containers for the chemical industry. He indicated they plan to increase their facility by adding an addition to house shipping, receiving and warehousing. He indicated they planned to purchase equipment in order to manufacture aluminum containers. He indicated they planned to employ 24 people. Council Member Coleman made a motion to adopt Resolution No. 2034 -93, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to adopt Resolution No. 2035 -93, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2036 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF PROPERTY AT 937 SOUTH BEND AVENUE, SOUTH BEND, INDIANA, FOR A NEIGHBORHOOD PARTNERSHIP CENTER IS NEEDED. WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on April 5, 1993, received a petition ( "Petition ") signed by Fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 937 South Bend Avenue, South Bend, Indiana, as space for a Neighborhood Partnership Center, by entering into a lease agreement with the Northeast Development Corporation, of South Bend, Indiana, for a term of one (1) year with a one (1) year option to renew upon agreement of the parties, with an annual rental of said premises not to exceed Six Thousand Dollars ($6,000) in the first year and if the option year is exercised by the parties the annual rental in the option year shall not exceed Six Thousand One Hundred Dollars ($6,100); and WHEREAS, the Board received, on April 5, 1993, a certificate of the St. Joseph County Auditor, certifying that the verifier of the Petition and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1 -10 -7 (2) requires, prior to the Board of Public Works entering into a lease agreement for said Premises, that the Common Council, after investigation, determine that the premises are needed. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. That the Common Council is desirous of establishing a neighborhood center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3. That this property at 937 South Bend Avenue, South Bend, Indiana contains approximately 1500 square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4. That on the 5th day of April, 1993, a petition signed by Fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public K6)9) e REGULAR MEETING APRIL 12, 1993 Works of the City of south Bend, Indiana, requesting that the Board lease the property at 937 South Bend Avenue, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with the Northeast Development Corporation of South Bend, Indiana, for a term of One (1) year with an option to renew for an additional year upon agreement by the parties, with an annual rental for said premises not to exceed Six Thousand Dollars ($6,000) in the first year and an annual rental not to exceed Six Thousand One Hundred Dollars ($6,100) if the option year is exercised by the parties. 5. That on the 5th day of April, 1993, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend. 6. That on the 5th day of April, 1993, a proposed lease agreement for the Premises was filed with the Board of Public Work, a true and complete copy of which is attached hereto and incorporated herein. 7. That having heard all speakers at the presentation and hearing on this Resolution on the 12 day of April, 1993, and heaving taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigations, discussions, and consideration by individual Council Members, the Common Council of the City of South Bend hereby finds, pursuant to I.C. 36- 1 -10 -7 (2), that the lease of property at 937 South Bend Avenue as a Neighborhood Partnership Center, as petitioned by the Fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor, is needed. 8. 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. John Broden, Deputy City Attorney, made the presentation for the bill. He indicated the City intended to establish Neighborhood Partnership Centers in different sectors of the City. He indicated this lease was for a center in the northeast section of the City. Lee Brummett, 1129 Diamond, spoke against this lease indicating that this was a building instead of a residence. Council Member Washington inquired about the amount of the taxes on this property and Chris Matteo, the lessor, stated he did not know the amount of taxes paid on this property. 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 six ayes and three nays (Council Members Washington, Slavinskas and Zakrzewski.) BILLS. FIRST READING BILL NO. 26 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF JACKSON ROAD 2642.32 FT. EAST OF IRONWOOD 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. 27 -93 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 710 NORTH CUSHING 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. 28 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: CEDAR STREET, FROM NOTRE DAME AVENUE RUNNING WEST TO ST. LOUIS BOULEVARD, FOR A DISTANCE OF APPROXIMATELY 756 FEET. This bill had first reading. Council Member Coleman made a motion to refer this bill to Zoning and Vacation Committee and set it for public hearing and third reading on April 26, seconded by Council Member Duda. The motion carried. BILL NO. 29 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST -WEST ALLEY SOUTH OF BARTLETT STREET WEST OF LAFAYETTE BOULEVARD AND FIRST NORTH -SOUTH ALLEY EAST OF LAFAYETTE BOULEVARD NORTH OF BARTLETT STREET TO THE SOUTH LINE OF LOT 19 IN REYNOLD'S ADDITION. This bill had first reading. Council Member Coleman made a motion to refer this bill to Zoning and Vacation Committee and set it for public hearing and third reading on May 10, seconded by Council Member Duda. The motion carried. BILL NO. 30 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 EAST LASALLE AVENUE IN THE CITY OF SOUTH BEND, INDIANA 46617. 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. ,533 REGULAR MEETING APRIL 12, 1993 BILL NO. 31 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 833 NORTHSIDE BLVD., 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. 32 =93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA TO ADD A NEW CHAPTER, CHAPTER 4.5, ENTITLED: "LIMITATIONS ON THE GROWTH AND EXPANSION OF CERTAIN BUSINESS WITHIN THE CITY OF SOUTH BEND, INDIANA AND PROVIDING THE RIGHT TO REMONSTRATE IN CONNECTION THEREWITH. This bill had first reading. Council Member Coleman made a motion to refer this bill to Zoning and Vacation Committee and set it for public hearing and third reading on April 26, seconded by Council Member Zakrzewski. The motion carried. PRIVILEGE OF THE FLOOR Lee Brummett, 1129 E. Diamond, asked where the City dumps their trash, the Prairieview Landfill or in Michigan, and was told they used both places. He also indicated there was still fat in the budget. Joyce Boaler, 1606 Hillsdale, spoke regarding budget items that have been increased. She indicated City employees were very courteous to her when she visited different departments. Council Member Slavinskas made a motion to allow Mr. Cierzniak four and one -half minutes for his presentation, seconded by Council Member Washington. The motion carried. Jim Cierzniak, 1156 E. Victoria, spoke regarding the football hall of fame. Kelly Havens, 12032 Timberline, spoke regarding the City budget. She indicated a citizen's advisory board should be appointed to help with the budget. Council Member Slavinskas, 5702 Bridgeton, indicated the golf courses were charging _ junior player a higher green fee if they played in the evening. He indicated they should not have to pay a higher fee. Gene Oakley, 2614 York Rd., indicated he found it a joy to visit the various offices in the County -City Building. He spoke against the closing of Calvert St. for the new high school. Kevin Horton, City Controller, indicated citizens trying to understand the budget cannot make year -to -year comparisons on budget items, due to the fact that some items are changed to different departments in the budget, and therefore are not an increase in the total City budget. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Zakrzewski. The motion carried and the meeting was adjourned at 9:17 p.m. ATTEST: City Clerk ATTEST: