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HomeMy WebLinkAbout10-10-88 Council Meeting Minutesgo REGULAR MEETING OCTOBER 10, 1988 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, October 10, 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, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda Absent: Council Member Voorde REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the September 26 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Coleman made a motion that the minutes of the September 26, meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. 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 Monday, October 10, at 7:05 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 105 -87 A BILL AMENDING THE ZONING ORDINANCE FOR THE NORTHEAST NEIGHBORHOOD OF 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 indicated the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorably. Kevin Joyce, Area Plan, gave the staff report, which was favorable. 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 Puzzello made the presentation for the bill. She indicated this was a very viable neighborhood and it was becoming a very strong single family neighborhood. She indicated that changing the zoning to "A" will not effect the existing duplex, multi - family, office, or commercial uses as they would have vested rights. John Reese, 1121, White Oak and James Webster, 1133 N. Burns, spoke in favor of this zoning. Art Quigley, 1019 N. Frances, spoke against the rezoning of two parcels. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 41 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF JACKSON & IRONWOOD RDS., 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 indicated the Zoning and Vacation Committee recommended this bill to the Council favorably. Kevin Joyce, Area Plan, gave the staff report, which was favorable. Mike Danch, Pierce & Associates, made the presentation for the bill. He indicated they were requesting this 100 acre site be rezoned to "A" Residential in order to build 389 single family home sites. He indicated these homes will be connected to city water and sewers. He indicated the price range for these homes will be $65,000 to $100,000. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas. The motion carried. Council Member Slavinskas made a motion to combine public hearing on the next two bills, seconded by Council Member Niezgodski. The motion carried. BILL NO. 83 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1ST NORTH -SOUTH ALLEY WEST OF FRANCES STREET, RUNNING SOUTH FROM COLFAX STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET, ALL IN WHITTEN'S SUBDIVISION OF LOT 17 COTTRELL'S FIRST ADDITION. BILL NO. 84 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY SOUTH OF COLFAX STREET, RUNNING WEST FROM FRANCES STREET, FOR A DISTANCE OF APPROXIMATELY 166 FEET. Rmt : u O. .. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas indicated the Zoning and Vacation Committee recommended these bills to the Council favorably, as amended. Kathleen Cekanski- Farrand, the Council attorney read the following amendments: Bill No. 83 -88 - Renumber Section 5 to Section 6 and add a new Section 5: This vacation is subject to the following condition being met by the petitioner: Providing access easements across said alley to the City as required by the Board of Public Works at its meeting of October 3, 1988. Bill No. 84 -88 - Renumber Section 5 to Section 6. New Section 5: This vacation is subject to the following conditions being met by the petitioner: (1) Providing an access easement to the garage located on the northeast corner of Lot No. 4; (2) Providing a guard rail at the petitioner's expense along the east lot line of Lot No. 3; (3) Maintaining 45° parking in the area immediately along the western boundary in the area of Lot No. 10; and (4) Providing access easements across said alley to the City as required by the Board of Public Works at its meeting of October 3, 1988. Council Member Puzzello made a motion to accept these amendments, seconded by Council Member Slavinskas. The motion carried. Robert Henry, 404 S. Frances, indicated they were asking that these alleys be vacated to allow parking for doctors' offices. Dr. Edward Lawton, 15644 Robin Lane, indicated that if the extra parking is provided it will help to satisfy the neighborhood. Council Member Puzzello made a motion to recommend Bill No. 83 -88 to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas made a motion to recommend Bill No. 84 -88 to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 85 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH TWO HUNDRED TWELVE (212) FEET OF THE FIRST NORTH SOUTH ALLEY EAST OF MICHIGAN RUNNING BETWEEN NAVARRE AND MARION STREETS. ALSO, THE EAST ONE HUNDRED SIXTY -FIVE (165) FEET OF THE FIRST EAST WEST ALLEY NORTH OF MARION RUNNING BETWEEN MICHIGAN AND ST. JOSEPH STREETS. ALL BEING IN THE ORIGINAL PLAT OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing and opponents were given an opportunity to be heard. indicated the Zoning and Vacation Committee had met o to the Council favorably. Joseph Amaral, attorney, m bill. He indicated the purpose of the vacation was t build a day care center on the property. He indicate to the public. Council Member Luecke made a motion t Council favorable, seconded by Council Member Coleman. BILL NO. 74 -88 on the above bill, proponents Council Member Slavinskas n this bill and recommended it ade the presentation for the o permit Memorial Hospital to d this center would be opened o recommend this bill to the The motion carried. A BILL AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "TRUCK ROUTES ". 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 Zakrzewski indicated the Public Works Committee recommended the amended version of this bill favorable. 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 made the presentation for the bill. He indicated the substitute version of this bill defines truck as a vehicle having three (3) axles, or a vehicle over ten thousand gross vehicle weight; a truck may vary not more than nine blocks off the truck route to the next subsequent delivery; and adds Logan Street as a truck route. Abraham Marcus, president of South Bend Freight, spoke in favor of this bill. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 82 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14, BY THE INCLUSION OF NEW SECTION 2 -169 ENTITLED NON - REVERTING MAINTENANCE FUND. Council Member Coleman made a motion to continue public hearing on this bill until October 24, seconded by Council Member Coleman. The motion carried. BILL NO. 86 -88 A BILL APPROPRIATING $18,000.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR PURPOSE OF COMPLETION OF THE SOUND REINFORCEMENT SYSTEM AND FOR REFINISHING THE STAGE DECK AT THE MORRIS CIVIC AUDITORIUM. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Puzzello indicated the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Dale Balsbaugh, Morris Auditorium Manager, made the presentation for the bill. He indicated this appropriation would be used to complete the installation of the sound reinforcement system and refinish the stage deck. Council Member Soderberg made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Luecke. The motion carried. ATTEST: ATTEST: 387 GUr.AR HEFTING OCTOBER 1 19HR City Clerk REGULAR MEETING RECONVENED Chairman 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 7:45 p.m. Council Vice President Puzzello presiding and eight members present. BILLS, SECOND READING NO. 7918 -88 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE NORTHEAST NEIGHBORHOOD OF 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 Luecke. The motion carried. Council Member Coleman made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7919 -88 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF JACKSON & IRONWOOD RDS., IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Luecke mad seconded by Council Member Coleman. The bill passed by ayes. ORDINANCE NO.'7920 -88 AN ORDINANCE TO VACATE THE PROPERTY: 1ST NORTH -SOUTH STREET, RUNNING SOUTH FROM OF APPROXIMATELY 198 FEET, OF LOT 17 COTTRELL'S FIRST a motion to pass this bill, a roll call vote of eight FOLLOWING DESCRIBED ALLEY WEST OF FRANCES COLFAX STREET FOR A DISTANCE ALL IN WHITTEN'S SUBDIVISION ADDITION. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7921 -88 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY SOUTH OF COLFAX STREET, RUNNING WEST FROM FRANCES STREET, FOR A DISTANCE OF APPROXIMATELY 166 FEET. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Luecke. The motion carried. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7922 -88 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH TWO HUNDRED TWELVE (212) FEET OF THE FIRST NORTH SOUTH ALLEY EAST OF MICHIGAN RUNNING BETWEEN NAVARRE AND MARION STREETS. ALSO, THE EAST ONE HUNDRED SIXTY -FIVE (165) FEET OF THE FIRST EAST WEST ALLEY NORTH OF MARION RUNNING BETWEEN MICHIGAN AND ST. JOSEPH STREETS. ALL BEING IN THE ORIGINAL PLAT OF THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7923 -88 AN ORDINANCE AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "TRUCK ROUTES ". 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 Soderberg made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7924 -88 AN ORDINANCE APPROPRIATING $18,000.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR PURPOSE OF COMPLETION OF THE SOUND REINFORCEMENT SYSTEM AND FOR REFINISHING THE STAGE DECK AT THE MORRIS CIVIC AUDITORIUM. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Soderberg. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 1652 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH , BEND COMMONLY KNOWN AS 614 N. MICHIGAN STREET, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT . (MEMORIAL /HOLLADAY OFFICE PARK ASSOCIATES) WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the city of South Bend, requesting that the area commonly known as 614 N. Michigan Street, South Bend, Indiana, and which is more particularly described as follows: Lots 2 , 3 , 4 , 5 , and 6 as shown on the recorded Plat of Rockstroh Brothers Addition to the city of South Bend; also Lots 2, 3, 4, 5, 6, 7, 8, 10, 11, 12 and 13 as shown on the recorded Plat of Dinan's Subdivision of Lots 36 -41, inclusive of Rockstroh's Second Addition to the city of South Bend; along with adjacent vacated alleys and Dinan Court; 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 section 2 -76; 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 qualifies as an exception to the provisions of South Bend Municipal Code section 2 -76, due to the extraordinary costs involved with the proposed skywalk 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 as an exception to the provisions of South Bend Municipal Code Section 2 -76 due to the extraordinary costs involved with the proposed skywalk. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment of rehabilitation; C. 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; D. 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 E. 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 the benefits identified in the State of Benefits set forth as sections I through III of the Petition for Real Property Tax Abatement Consideration and that the completed 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 purposes 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. R + RE_GULAR_MEBT_TXG __ QCTOBERIO_, 1988 SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke indicated the Human Resources Committee recommended this resolution to the Council favorably. David Behr, a representative of The Holladay Corporation, made the presentation for the resolution. He indicated would like their request for the expansion of the tax abatement boundaries be withdrawn. He indicated asking for approval of a three year abatement. Joseph Guentert, 3510 Corby, spoke against this resolution. John Wojtan, 6216 Exeter Ct., spoke against tax abatement. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. 88 -68 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 108 NORTH MAIN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 6 YEAR REAL PROPERTY TAX ABATEMENT FOR JMS BUILDING REHABILITATION. Council Member Luecke made a motion to continue this resolution until October 24, 1988, seconded by Council Member Slavinskas. The motion carried. RESOLUTION NO. 1653 -88 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 I305 PRAIRIE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (3) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND SCRAP AND PROCESSING DIVISION. 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 1305 Prairie, South Bend, Indiana, and which is more particularly described as follows: PARCEL 1 - BOUNDARY SURVEY Part of the Northwest Quarter of Section 14, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana. DESCR1PT1ON: A parcel of land being a part of the North Half of Section 14, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being more particularly described as follows: Commencing at a point in the West line of Prairie Avenue, 45.00 feet South by rectangular measurement, from the South line of Garst Street in said City: thence South 280 °16' -39" West, along said West line of Prairie Avenue, a distance of 945.84 feet to the place of beginning for this description; thence continuing South 28 °16' 39" West, along said West line of Prairie Avenue, a distance of 90.00 feet to the Northerly line of a parcel of land conveyed to L @ A Enterprises by deed recorded as instrument number 8218566 in the office of the Recorder of St. Joseph County, Indiana; thence North 61 °44113" West, along said Northerly line, a distance of 370.15 feet to the Westerly line of said L & A Enterprises tract of land; thence South 28 °10'18" West, along said Westerly line, the Westerly line of a parcel of land conveyed to L & A Enterprises by deed recorded as instrument numbered 8218567, a distance of 240.00 feet to an angle point, thence South 28 °48'14" West along the Westerly line of a parcel of land conveyed to Indiana Bell Telephone Company, Inc. by deed recorded in Book 665, Page 463 in said Recorder's Office and its Southerly projection a distance of 313.61 feet; thence South 59 °- 05' -32" West, a distance of 325.48 feet; thence South 00- 39'44" West, a distance of 7.30 feet; thence North 84 °- 35' -10" West a distance of 56.24 feet to a point of curvature; thence Southwesterly along a curve to the left having a radius of 523.66 feet, a central angle of 18 °- 38' -47" and limited in length by a chord of 169.67 feet that bears South 860.05'.27" West to a point of tangency; thence South 760- 46' -03" West a distance of 175.60 feet to a point on a non - tangent curve; thence Northeasterly along a curve to the left having a radius of 272.37 feet, a central angle of 700-56' 52" and limited in length by a chord of 316.13 feel that bears North 35° 35' 57" East to a point of tangency; thence North 0 ° -07' 28" East, a distance of 1 108.76 feet; thence North 67 °- 39' -57" East, a distance of 330.91 feet; thence South 89° 58' 01 ", East a distance of 398.62 feet; thence South 890 - 581.10" East, a distance of 307.58 feet; thence South 89 °46' 31" East a distance of 582.58 feet; thence South 28° 6' 58" West a distance of 50.99 feet; thence North 89° 46' 31" West a distance of 558.69 feet; thence North 89° 58' 10" West a distance of 21 2.73 feet; thence South 28 °15' 41" West a distance of 582.69 feet; thence South 61 °44' -13" East a distance of 680.30 feet to the place of beginning containing 21.97 acres more or less. Subject to any easement, covenants or restrictions of record. PARCEL 2 BOUNDARY SURVEY r J N� 1- PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 2 EAST IN THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA DESCRIPTION: A parcel OF land being a part of the northwest quarter of Section 14, Township 37 North, Range 2 East, in the city of South Bend, Portage Township, St, Joseph County, Indiana, and being more particularly described as follows V1Z. Beginning at a point on the present south line of Sample Street in said City (said Sample Street being 71 ,000 feet wide and said present south line being 13.25 feet south of the former south line), said point being North 90° 00' -00" East (Bearing assumed), a distance of 297.00 feet from the intersection of said present south line with the east line of Webster Street; thence north 90 °00100" East, along said present south line, a distance of 264.00 feet; thence south 0 °- 07' -10" east, parallel with said Webster Street, a distance of 336.75 feet; thence south 90 °- 001.00" West, parallel with said present south line, a distance of 100.00 feet; thence south 0 °07110" East, parallel with said Webster Street, a distance of 184.00 feet; thence south 90 °00' -00" West, parallel with said south line, a distance of 82.50 feet; thence South 0 °- 07' -10" East, parallel with said webetez Street, a distance of 41 .00 feet; thence South 90 °- 00' -00" West, parallel with said south line, a distance of 81 .50 feet; thence North 0 °- 07' -10" West, parallel with said Webster Street, a distance of 561 .75 feet to the point of beginning containing 2.810 acres more or less. Subject to any easements, covenants or restrictions of record. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1 .1 -1 2.1 -1 et seq. and South Bend Municipal Code section 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 section 2 -76, et seq., and has further prepared maps and plats showing the other information regarding the area in question as required by law; and 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 1. 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 11. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. 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; D. 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 E. 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 the benefits identified in the Statement of Benefits set forth as sections 1 through it 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 purposes of real property tax abatement. 391 REGUL OCTOBER 10y -198$ 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. SECT10N VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three 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/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke indicated the Human Resources Committee recommended this resolution to the Council favorably. Council Member Luecke made a motion to amend this resolution by adding three years in the title and in Section VI, seconded by Council Member Slavinskas. The motion carried. Delmer Richmond, Secretary- Treasurer of Sturgis Iron & Metal, made the presentation for the resolution. He indicated that since the purchase of South Bend Scrap in May of 1987, the volume of business has increased to the point where it exceeds the capacity of the existing building. He indicated they planned to build an addition to their present building, as well as expand their metal warehouse operation. 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 eight ayes. RESOLUTION NO. 1654 -88 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 2750 FOUNDATION DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR PETER ADAMS, JUDY W. ADAMS, TED SPEAR, DEBRA E. SPEAR 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 2750 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: A PART of the Southwest Quarter of Section 28, Township 38 North, Range 2 East, of the City of South Bend, Indiana, being also a part of Lot 4 -3 of the Airport Industrial Park - Phase III, and is described as follows: COMMENCING at the Southeast corner of the Southwest Quarter of Section 28, Township 38 North, Range 2 East, said point being at the centerline of Lathrop Drive; thence South 89 °57133" West (bearing assumed) along the South line of the Southwest Quarter of said Section 28, 171.27 feet; thence North 00 °0147" East along the centerline of Foundation Drive, 2178.77 feet; thence South 89059,13" East, 40.0 feet to the Point of Beginning; thence North 00 °0147" East, 234.09 feet; thence South 89 °59113" East, 450.00 feet; thence South 00 °0147" West, 234.09 feet; thence North 89 °59113" West, 450.00 feet to the Point of Beginning, and containing 2.418 acres, more or less, and is subject to easements, restrictions, and or limitations of record 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 Section 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 Section 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 meets 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 find the following: u i. A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. 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; D. 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 E. That the totality of benefits is sufficient to justify the deduction, which satisfies 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 the benefits identified in the Statement of Benefits set forth as Sections 1 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 purposes 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 /John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke indicated the Human Resources Committee had met on this resolution and recommended it to the Council favorably. Council Member Luecke made a motion to amend the bill by renumbering Section VI to VII and inserting Section VI to read: "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. ", seconded by Council Member Coleman. The motion carried. John Peddycord, attorney, made the presentation for the resolution. He indicated the petitioner proposes to construct a new building. He indicated the building will be used for office space and a portion will be used for a production line to manufacture custom stained glass plaques. He indicated they will also purchase new equipment for the manufacture of the plaques. Pete Adams, 56550 CR 19, Elkhart, passed out a brochure on the project and showed two stained glass plaques they manufacture. Council Member Luecke made a motion to adopt this resolution, as amended, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1655 -88 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 2750 FOUNDATION DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CREATIVE GLASS, INC WHEREAS, a petition for personal 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 2750 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: A PART of the Southwest Quarter of Section 28, Township 38 North, Range 2 East, of the City of South Bend, Indiana, being also a part of Lot 4 -3 of the Airport Industrial Park - Phase III, and is described as follows: COMMENCING at the Southeast corner of the Southwest Quarter of Section 28, Township 38 North, Range 2 East, said point being; at the centerline of Lathrop Drive; thence South 89 °57133" West (bearing assumed) along the South line of the - GULAR_MEETING OCTOBER-lJ0_, -1988 Southwest quarter of said Section 28, 171.27 feet; thence North 00 °00147" East along the centerline of Foundation Drive, 2178.77 feet; thence South 89 °59113" East, 40.0 feet to the Point of Beginning; thence North 00 °0147" East, 234.09 feet; thence South 89 °59113" East, 450.00 feet; thence South 00 °00147" West, 234.09 feet; thence North 89 °59113" West, 450.00 feet to the Point of Beginning, and containing 2.418 acres, more or less, and is subject to easements, restrictions, and or limitations of record 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 Section 2 -76, et seg: , 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 Section 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 Personal Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meets the requirements of I.C. 6 -1.1- 12.1 -1, et seq., and qualifies under the provisions of South Bend Municipal Code Number 2 -76 et seq., for tax abatement. SECTION II . The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. 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; D. 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 E. That the totality of benefits is sufficient to justify the deduction, which satisfies 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 the benefits identified in the Statement of Benefits set forth as Sections 1 through II of the Petition for Personal 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 purposes of personal 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 five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal 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/ John Voorde Member of the Common Council REGULAR MEETING O�TOB>r13_1_0� =1988 A public hearing was held on the resolution at this time. Council Member Luecke indicated the Human Resources Committee met on this resolution and recommended it to the Council favorably. Council Member Luecke made a motion to amend the bill by renumbering Section VI to VII and inserting Section VI to read: "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. ", seconded by Council Member Coleman. The motion carried. Richard Peddycord, attorney, made the presentation for resolution. He indicated this abatement was for personal property that will be used in the newly constructed facility at 2750 Foundation Drive. Council Member Luecke made a motion to adopt this resolution, as amended, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. 88 -76 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 400 WEST SAMPLE STREET, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND LATHE, INC. 88 -77 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 400 WEST SAMPLE STREET, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND LATHE, INC. Council Member Luecke made a motion to continue public hearing on these bills until October 24, 1988, seconded by Council Member Niezgodski. The motion carried. BILLS, FIRST READING BILL NO. 87 -88 A BILL TRANSFERRING $12,920.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing October 24, and refer it to the Human Resources Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 88 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2210 WILSON ST., IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 89 -88 A BILL VACATE THE FOLLOWING DESCRIBED PROPERTY; THE FIRST 14 FOOT WIDE EAST -WEST ALLEY NORTH OF COLFAX AVE., WEST FROM BRIDGE STREET (VACATED) FOR A DISTANCE OF APPROXIMATELY 66 FEET. ALL BEING IN A PART OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing October 24, and refer it to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 90 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 1, CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY REFERRED TO AS "THE COMMON COUNCIL" This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing October 24, and refer it to the Rules Committee, seconded by Council Member Niezgodski. The motion carried. PRIVILEGE OF TH FLOOR Joseph Guentert, 3510 Corby, sp Authority. John Wojtan, 6260 Exeter, asked Building be extended to over an There being no further business Council Member Soderberg made a Zakrzewski. The motion carried ATTEST: City Clerk 3ke regarding setting aside money for the Housing that handicapped parking around the County -City hour. to come before the Council, unfinished or new, motion to adjourn, seconded by Council Member and the meeting was adjourned at 8:30 p.m. APPROVED: Presi ent