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HomeMy WebLinkAbout04-26-93 Council Meeting MinutesREGULAR MEETING APRIL 26, 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 26, 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 REPORTS OF CITY OFFICES Kevin Horton, City Controller, said there would be regularly scheduled reports from City office. He gave a report of his office. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of Committee of the Whole on April 26, 1993, at 7:15 p.m., Chairman Zakrzewski presiding. BILL NO. 8 -93 A BILL AMENDING THE ZONING ORDINANCE NORTH SIDE OF THE T- INTERSECTION OF AND PATTY LANE, PORTAGE TOWNSHIP, IN INDIANA. South Bend met in the with nine members present. FOR PROPERTY LOCATED AT 3OPE AVENUE, BENTLEY AVENUE THE CITY OF SOUTH BEND, 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 made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, gave the Commission report, which was favorable. He indicated there was only one letter in opposition to this apartment building. Richard Morgan, attorney for Madison Center, made the presentation for the bill. He indicated Madison Center was planning to construct a 21 unit apartment building, which would house 20 chronically ill patients and one apartment for the manager. He indicated this property was previously zoned for a sixty unit apartment complex with 65 parking spaces, and would be much less intense than a 21 unit complex. He described the surrounding property which is multi - family, as well as single family homes. Jack Roberts, Director of Madison Center, indicated that over the past ten years they have provided service to 70,000 people, and they have an outstanding record. He indicated this project would help improve the quality of life to everyone living in this community. Marzy Bauer, Associate Director of Madison Center, indicated these apartments will be subsidized through HUD, and will bring 1.5 million in rent subsidies in to the community. She indicated 3,300 people in our community have mental illness. She indicated their clients come from residential neighborhoods and deserve to live in a residential neighborhood setting, since they are not dangerous or prone to violence. Dan Fitzpatrick, President of the Madison Center Board, indicated they have a waiting list of over 200 for residential living. He indicated these were not people who should be locked up somewhere, they are members of our community who are ill. He indicated the Board was unanimously in support of this project. Dr. Elaine Wehren, Project Director for Sustaining Services, indicated the people who will live in this facility do not need 24 hour care. Kim Eby, 437 N. Niles, indicated she was an apartment manager and the people living there do not need daily assistance. Tom Broden, 201 W. North Shore, a representative of the local task force for housing of the disabled or disadvantaged, spoke in favor of this zoning. Mark McInery, a patient of Madison Center, spoke in favor of this zoning. Ruth Tulchinsky, 3022 Essex; Virginia Nawrocki, 3031 Boynton; Pat Bryan, president if the Michiana Chapter of the National Association of Physically Handicapped; Howard Uhrig, 61570 Elderberry, Ernest Dixon 2706 Walls, Judy Amico, 233 S. Hawthorne, spoke in favor of the zoning. Audry Colburn, 617 S. Phillipa, read a letter from Rev. John M. Darcy in support of this project. Diane Priest, executive director of the Mental Health Association, read a letter from the Association in favor of this zoning. Michael Elliott, Caldwell Bankers, indicated he worked with Madison Center to find a site for this project, and he was in favor of the zoning. Richard Tiszker, 51138 Lily Rd., indicated he was against the zoning because of the proximity to Edison School. Debra Pilipow, 1118 Victory Lane, indicated she had presented a petition signed by 171 people in the immediate area of this zoning. She indicated this facility should not be built because of the school. Elaine York, 1202 Victory, Carla Powell, 1016 Victory, Ed Pilipow, 1118 Victory; Ralph Hall, 3426 Oxford; Esther Passman, 1210 Victory; and Kelly Katona, 2534 Benedict, spoke against this zoning. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Ladewski. The motion carried. Council Member Coleman made a motion to recess, seconded by Council Member Ladewski. The motion carried and the meeting was recessed at 9:15 and reconvened at 9:20 p.m. , ' e e� v.. REGULAR MEETING APRIL 26, 1993 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. 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. Ann Kolata, Deputy Director of Economic Development, made the presentation for the bill. She indicated they were requesting this vacation for Murdock and Sons Construction to allow for the development of this site. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. 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. Council Member Luecke made a motion to continue this bill until May 10, at the request of the petitioner, seconded by Council Member Coleman. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Joseph Kernan made the presentation for the bill. He indicated this bill mirrored language contained in House Bill 732. He indicated there was a similar bill that will have public hearing at the Mishawaka Council meeting next week. He indicated that the pros and cons of legislation has to be weighed before it is passed. He indicated this bill, as well as HB 732, was arbitrary, it was bad economic development policy, it is deceptive and it is illegal. He asked that this bill be stricken. Council Member Coleman made a motion to strike this bill, seconded by Council Member Kelly. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: Ci y Clerk REGULAR MEETING RECONVENED Tmm4Cm. 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 9:25 p.m. Council President Luecke presided, and nine members were present. BILLS, THIRD READING ORDINANCE NO. 8370 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT NORTH SIDE OF THE T- INTERSECTION OF HOPE AVENUE, BENTLEY AVENUE AND PATTY LANE, PORTAGE TOWNSHIP, IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Zakrzewski 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 Coleman made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8371 -93 AN ORDINANCE 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. This bill had third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS Council Member Coleman made a motion to combine public hearing on the next two resolutions, seconded by Council Member Zakrzewski. The motion carried. eC��f REGULAR MEETING APRIL 26, 1993 RESOLUTION NO. 2037 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 3722 FOUNDATION COURT, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR ALEDO COMPANY, L.L.C. 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 3722 Foundation Court 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. with said real estate having the following Key No. 25 1010 040018, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12- .1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows. Section I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real Property tax abatement only ' and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of three (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council RESOLUTION NO. 2038 -93 A RESOLUTION OF THE CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3722 FOUNDATION DRIVE, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSE: OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR O -T -D CORPORATION WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic ' Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3722 Foundation Dr. 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. with said real estate having the following Key No. 25 1010 040018, 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. 37 REGULAR MEETING APRIL 26, 1993 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. Tom Hoffman, Vice President of the company, made the presentation. He indicated they plan to increase their facility by adding an addition to house shipping, receiving and warehousing, as well as purchase equipment in order to manufacture aluminum containers. Council Member Coleman made a motion to adopt Resolution No. 2037 -93, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 2038 -93, seconded by Council Member Coleman., The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2039 -93 A RESOLUTION OF THE CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3300 W. SAMPLE, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EMTECH CORPORATION WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3300 W. Sample Dr. 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 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. with said real estate having the following Key No. 18 8112 4211, 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 �e)(- REGULAR MEETING APRIL 26, 1993 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 a this time. 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 Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a. roll call vote of nine ayes. RESOLUTION NO. 2040 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS SOUTHEAST QUARTER OF IRELAND AND MIAMI ROADS, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY /SCOTTSDALE MALL. 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 Southeast corner of Ireland and Miami roads, 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 89059'16" East, a distance of 53.00 feet; thence South OOo04'32" 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 69058100" 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 0005150" 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 89027144" 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 89052145" West, a distance of 40.00 feet to the West line of said quarter section; thence North OOo00100" East, along said West line, a distance of 1046.67 feet; thence Deed: South 89054126" East, a distance of 260.00 feet; thence North OOo00'00" East, a distance of 270.00 feet to the point of beginning. with said real estate having the following Key No. 231009 0582, 231009- 0582B, and 231009- 0582C, 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 '�39 REGULAR MEETING APRIL 26, 1993 WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows. Section I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of three (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated the mall planned a 7.9 million expenditure bringing the total improvements over the last two years to $11.4 million. Linda Petill, 2806 Hickory, spoke in favor of this resolution, indicating the mall should reduce its rent in order to get more stores. 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. 2041 -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 445 N. SHERIDAN AVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR BOLIDEN METECH, INC. 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 445 N. Sheridan Ave. South Bend, Indiana, and which is more particularly described as follows: A tract of land in the Southwest 1/4 of Section 4, Township 37 North Range 2 East located in Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point; on the West line of Sheridan Avenue (80 foot right -of -way) 420.19 feet North (assumed bearing) of the North line of Linden Avenue (80 foot right -of -way) which point is also 307 feet West and 460.19 feet North of the Southeast corner of said Southwest 1/4 of Section 4; thence Northerly along said West line of Sheridan Avenue 673.22 feet to the Southerly right -of -way line of the Consolidated Rail Corporation (formerly the New York Central Railroad); then North 70018130" West along said Southerly right -of -way line of the Consolidated Rail Corporation 429.83 feet; then South OOo03115" East of the North line of Linden Avenue; thence East perpendicular to the West line of Sheridan Avenue 370.56 feet to the point of beginning, containing 6.286 acres, more or less. and this property has Key Number 183293725701, 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; r)40 REGULAR MEETING APRIL 26, 1993 (a) the estimate of the cost of the new manufacturing equipment is reasonable: for equipment of that type; (b) the estimate of the number of individuals that will be expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be reasonably expected to result from the proposed installation of new equipment:; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits Form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation, SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council/ A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on this resolution and recommended it to the Council favorable. Ernest Szarwark, attorney, made the presentation. He indicated this company was purchasing new manufacturing equipment which will allow complete processing of the scrap metal to be done on site in South Bend. He indicated that this equipment would allow the company to have competitiveness in the market. 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. 2042 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /RECYCLING OPERATIONS AND TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 1993. WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk /scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk /and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable and regulations with regard to the issuance of licenses and the operations of p /junk /and recycling dealers; 6REAS, in accordance with these rules and regulations, inspections of the listed scrap /junk /and recycling operations have been completed by the .tment of Code Enforcement and the Fire Department Prevention Bureau, and it has found that such premises are fit and proper for the maintenance and operation such businesses; and WHEREAS, the Board of Public Works, at its meeting held on April 12, 1993, recommends the issuance of licenses for the below listed applicants in the City of South Bend by appropriate action of the Common Council. X41 REGULAR MEETING APRIL 26, 1993 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the license applications for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made in February 1992 and subsequent favorable recommendations by the Board of Public Works: A -1 Auto Parts Boliden Metech, Inc. Hurwich Iron Company, Inc. Hurwich Iron Company, Inc. Hurwich Iron Company, Inc. Hurwich Iron Company, Inc. North Side Iron & Paper Company South Bend Baling & Iron Company South Bend Iron & Metal Company South Bend Scrap & Processing Division South Bend Scrap & Processing Division South Bend Waste Paper Company Steve & Gene's Auto Truck Salvage Super Auto Salvage Corporation Weaver Truck & Equipment Company Western Avenue Iron & Metal Company 2014 S. Lafayette Blvd. 445 N. Sheridan 1610 Circle Ave. 2016 W. Washington 1700 S. Lafayette Blvd. 1602 S. Lafayette Blvd. 3123 S. Gertrude St. 1420 S. Walnut St. 429 W. Indiana Ave. 3114 S. Gertrude St. 1305 Prairie Ave. 1519 S. Franklin St. 3109 S. Gertrude St. 3300 S. Main St. 3700 S. Gertrude St. 3123 S. Gertrude St. SECTION II. 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 Zakrzewski made the presentation for the bill. He indicated the proper inspections had been made of the different facilities and they were in compliance. 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. RESOLUTION NO. 2043 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA, APPROVING A CERTAIN DECLARATORY RESOLUTION AND REDEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the City of South Bend, Indiana, Redevelopmi has approved and adopted Resolution No. 1151 determining designating the Sample -Ewing Development Area, declaring Development Area to be blighted, approving a development which relocation benefits will be made, and establishing purposes of tax incremental financing and; Bnt Commission (Commission) that Resolution No. 1151 the Sample -Ewing plan and conditions under an Allocation Area for WHEREAS, pursuant to the provisions of the Act, the Commission has submitted said Resolution No. 1151 to the Area Plan Commission of St. Joseph County for approval pursuant to the provisions of Indiana Code 36- 7 -14 -1, et seq., (the Act) which Resolution is attached hereto and made a part hereof; and WHEREAS, the Area Plan Commission of St. Joseph County, at its meeting of April 20, 1993, adopted Resolution No. 117, determining that Resolution No. 1151 and the development plan attached thereto, conform to the Master Plan of Development for the City of South Bend, said Resolution No. 117 constituting the written order of the Area Plan Commission of St. Joseph County under I.C. 36- 7- 14 -16, a copy of which said Resolution No. 117 is attached hereto. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1, That Resolution No. 1151, adopted by the South Bend Redevelopment Commission on April 16, 1993, and the development plan attached thereto and incorporated therein, form to the Master Plan of Development for the City of South Bend. 2. That Resolution No. 1151 of the South Bend Redevelopment Commission, and the development plan attached thereto and incorporated therein, are in all respects approved, ratified, and confirmed. 3. This Resolution No. 117 of the Area Plan Commission of St. Joseph County shall be and hereby is approved pursuant to I.C. 36- 7- 14- 16(b). 4. That the City Clerk is hereby directed to file a copy of said Resolution No. 1151 and said Resolution No. 117, with the minutes of this meeting. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Ann Kolata, Deputy e 6) PD 2 REGULAR MEETING APRIL 26, 1993 Director of Economic Development, made the presentation. She indicated they were creating a new redevelopment area which will be designated Sample -Ewing Development Area. She indicated the South Bend Redevelopment Commission declared this area to be blighted and approved a development plan for this Area, and the Area Plan Commission adopted a resolution determining that the development plan conformed to the Master Plan for the City. 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. BILLS. FIRST READING BILL NO. 33 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF E. PLEASANT ST., FROM THE WEST RIGHT -OF -WAY LINE OF S. THIRTY -FIRST STREET TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF S. THIRTY -FIRST STREET, FOR A DISTANCE OF APPROXIMATELY 165 FT. AND A WIDTH OF APPROXIMATELY 14 FT. PART LOCATED IN EGGLESTON'S FIRST ADDITION IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on May 10, seconded by Council Member Coleman. The motion carried. BILL NO. 34 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES WITHIN THE ZOO ENDOWMENT FUND TO BE USED FOR CAPITAL PROJECTS AND /OR CAPITAL IMPROVEMENTS AT THE POTAWATOMI ZOO, CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1993. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Park Committee and set it for public hearing and third reading on May 10, seconded by Council Member Duda. The motion carried. BILL NO. 35 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 6, SECTION 20 -100.1 (b) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING "PARKING BY FIRE HYDRANTS PROHIBITED ". This bill had first reading. Council Member Coleman made a motion to set it for public hearing and third reading on May 10, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill Nos. 13, 18, and 27 -93 for public hearing and third reading on May 10 and refer them to the Zoning and Vacation Committee, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Linda Petill, 2806 Hickory Rd., compliments the Council for the way the meetings are conducted. Dave Varner, 1306 Clayton Dr., spoke regarding the football hall of fame. Jim Cierzniak, 1156 E. Victoria, spoke regarding the football hall of fame. Council Member Duda indicated that the open container signage has not been completed. She asked that a letter be written as a formal request from the Council that all signs be erected and maintained. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Washington. The motion carried and the meeting was adjourned at 10:18 p.m. ATTEST: 4.", City Clerk ATTEST: President