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HomeMy WebLinkAbout10-12-98 Council Meeting MinutesREGULAR MEETING OCTOBER. 12:,1998 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 12, 1998, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, Broden, Varner, Ujdak, Coleman, Hosinski and Sniadecki 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 September 28, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /sl Sean Coleman /s/ David Varner Council Member Hosinski made a motion that the minutes of the September 28, meeting be accepted and placed on file, seconded by Council Member Sniadecki. The motion carried. SPECIAL BUSINESS Council Member Hosinski made a motion to add the recognition of Derek Dieter to the agenda, seconded by Council Member Aranowski. The motion carried. Chief Gunn indicated it was his privilege to recognize Derek Dieter as being the lone finalist in the State of Indiana for the National Crime Prevention Award of Excellence. He indicated Cpt. Dieter was an outstanding example of community policing in action. He read a proclamation from Mayor Luecke and presented it to Cpl. Dieter. Larry Johnson, interim director of the Housing Authority, spoke regarding the IMPALA Program and Cpl. Dieter's interaction with the children at the Housing Authority. Joe Kazinski, a representative of Ameritech, also gave an award to Cpt. Dieter. Norma Ganaway, chairman of the South Bend Housing Authority Board, spoke about the IMPALA Program, indicating she was very proud of the program. Council President Coleman acknowledged Scout Troop 455 from the Church of the Latter Day Saints who were attending the meeting. Council Member Hosinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Broden. 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 at 7:18 p.m. with nine members present. Chairman Broden presiding. BILL NO. 69 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF WEST SAMPLE STREET FROM THE EAST RIGHT -OF -WAY OF WEBSTER STREET TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH /SOUTH ALLEY EAST OF WEBSTER STREET FOR A DISTANCE OF APPROXIMATELY 144 FEET AND A WIDTH OF 12 FEET. PART LOCATED IN ARNOLD & WEBSTER'S SUB. OF BANK OUTLOT 103, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Council Member Coleman made a motion to continue public hearing REGULAR MEETING OCTOBER 12, 1998 on this bill, at the request of the petitioner, seconded by Council Member Hosinski. The motion carried. BILL NO. 76 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF FELLOWS STREET FROM THE SOUTH RIGHT -OF -WAY OF E. DAYTON STREET TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST /WEST ALLEY SOUTH OF E. DAYTON STREET FOR A DISTANCE OF APPROXIMATELY 120 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN STUDEBAKER'S SECOND ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Andrew Thoma, 518 E. Dayton, made the presentation for the bill. He advised that this alley was closed to traffic because of the construction of Riley High School. He informed the Council that they intended to seed and fence the area. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 77 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: SIX ALLEYS AND THREE STREETS IN HOMELAND 3RD ADDITION AND RICHLAND 2ND ADDITION (PT. VACATED) Council Member Coleman made a motion to continue public hearing on this bill, at the request of the petitioner, seconded by Council Member Hosinski. The motion carried. BILL NO. 79 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 27TH STREET FROM THE SOUTH RIGHT -OF -WAY OF E. MC KINLEY AVENUE TO THE NORTH RIGHT -OF -WAY OF E. COLFAX AVENUE FOR A DISTANCE OF APPROXIMATELY 700 FEET AND A WIDTH OF 60 FEET. LOCATED IN WALNUT GROVE MUTUAL HOUSING CORPORATION Council Member Coleman made a motion to continue public hearing on this bill, at the request of the petitioner, seconded by Council Member Aranowski. The motion carried. BILL NO. 82 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST E/W ALLEY SOUTH OF E. BISSELL STREET FROM THE DEAD END OF THIS ALLEY AT LOT 23, NORTH SUNNYSIDE 2ND ADDITION, CITY OF SOUTH BEND TO THE WEST PROPERTY LINE OF LOTS 80 AND 75, PARK PLACE 2ND PLAT, CITY OF SOUTH BEND FOR A DISTANCE OF 133.2 FEET AND A WIDTH OF 12 FEET 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 Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Ann Bockencamp, director of Neighborhood Housing services, made the presentation for the bill. She indicated they were requesting a portion of this dead end alley be vacation to allow two adjacent parcels to become one, so a new home could be built on the property. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 85 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: (A) A PUBLIC INGRESS - EGRESS EASEMENT TO SOUTHFIELD SUBDIVISION OFF OF MIAMI HIGHWAY APPROXIMATELY 400 FEET SOUTH OF KERN ROAD AND (B) A STREET RIGHT -OF- WAY CALLED FOREST VIEW TRAIL OFF OF MEADOW TRAIL LOCATED BETWEEN LOTS 21A AND 22A WITHIN SOUTHFIELD j u I J REGULAR MEETING SUBDIVISION OCTOBER 12, 1998 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 Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Stephen Benczik, from the Troyer Group, made the presentation for the bill. He advised this was a two part vacation, the first being an easement is being vacated and relocated at the request of the Area Plan Commission, and the second is the vacation of a street which is no longer needed. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 58 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED REGULATIONS ADDRESSING TATTOO, BODY PIERCING, SCARIFYING AND BRANDING ESTABLISHMENTS AND PERSONNEL A public hearing was held on the resolution at this time. Council Member Pfeifer reported that the Health & Public Safety Committee, and Personnel & Finance Committee had met on this bill and recommended it to the Council favorable. Council Member Varner made the presentation for the bill. He advised the Council that the State legislature in 1997 repealed the law that controlled these establishments, and we need to have an ordinance in place in the City to make sure these establishments meet the highest standards. He informed the Council that people under the age of eighteen are not permitted to have any procedure of this type without the permission of the parents. He also informed the Council that this bill requires minimum training and education requirements, restricts hours of operation, establishes safety and sterilization standards and requirements, as well as other safety measures. He presented a document to the City Clerk to be filed with the bill, as well as amendments to the bill. Council Member Coleman made a motion that the amendments be included in the bill, seconded by Council Member Hosinski. The motion carried. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Ujdak. Council Members Pfeifer, Kelly and Ujdak spoke in favor of this bill indicating confidence that the County and City could work together to get a bill passed in the County; it was critical that the bill be passed; and the bill has been a long time in coming and should be passed tonight. The motion to recommended favorable passed. BILL NO. 84 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $89,639 FROM PROJECT RELEAF A public hearing was held on the resolution at this time. Council Member Borden reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Carl Littrell, City Engineer, made the presentation for the bill. He advised that this annual program will begin on October 26. He advised they have hired forty extra workers to get this job done. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Varner. The motion carried. ATTEST City lerk REGULAR MEETING OCTOBER 12. 1998 REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:45 p.m. Council President Coleman presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8943 -98 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF FELLOWS STREET FROM THE SOUTH RIGHT -OF -WAY OF E. DAYTON STREET TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST /WEST ALLEY SOUTH OF E. DAYTON STREET FOR A DISTANCE OF APPROXIMATELY 120 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN STUDEBAKER'S SECOND ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8944 -98 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST E/W ALLEY SOUTH OF E. BISSELL STREET FROM THE DEAD END OF THIS ALLEY AT LOT 23, NORTH SUNNYSIDE'2ND ADDITION, CITY OF SOUTH BEND TO THE WEST PROPERTY LINE OF LOTS 80 AND 75, PARK PLACE 2ND PLAT, CITY OF SOUTH BEND FORA DISTANCE OF 133.2 FEET AND A WIDTH OF 12 FEET This bill had third reading. Council Member Aranowski 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. 8945 -98 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: (A) A PUBLIC INGRESS - EGRESS EASEMENT TO SOUTHFIELD SUBDIVISION OFF OF MIAMI HIGHWAY APPROXIMATELY 400 FEET SOUTH OF KERN ROAD AND (B) A STREET RIGHT -OF -WAY CALLED FOREST VIEW TRAIL OFF OF MEADOW TRAIL LOCATED BETWEEN LOTS 21A AND 22A WITHIN SOUTHFIELD SUBDIVISION This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Broden. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8946 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED REGULATIONS ADDRESSING TATTOO, BODY PIERCING, SCARIFYING AND BRANDING ESTABLISHMENTS AND PERSONNEL . This bill had third reading. Council Member Hosinski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Sniadecki. The motion carried. Council Member Varner made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of nine ayes. REGULAR MEETING ORDINANCE NO. 8947 -98 OCTOBER 12, 1998 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $89,639 FROM PROJECT RELEAF This bill had third reading. Council Member Broden made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2682 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1911, 1915, 1919, AND 1923 S. WALNUT STREET AND 416 AND 420 S. KENMORE STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PHOENIX DEVELOPMENT WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as , South Bend, Indiana, and which are more particularly described as follows: .1911 S. Walnut 1915 S. Walnut 1919 S. Walnut 1923 S. Walnut 416 S. Kenmore 420 S. Kenmore Lot 38 Swygarts 5th Add. Lot 39 Swygarts 5th Add. Lot 40 Swygarts 5th Add. Lot 41 Swygarts 5th Add. Lot 23 Lincoln Park 1st Add. Lot 24 Ex 2x62 NE Cor. Lincoln Park 1st Add. as Residentially Distressed Areas; and 18 8062 2461 18 8062 2462 18 8062 2463 18 8062 2464 18 4076 2771 18 4076 2769 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 a residentially distressed areas 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 determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; REGULAR MEETING OCTOBER 12, 1998 C. The Areas have experienced a new loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1 -12 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real 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 sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. David Anthony, 1910 Swygart, made the presentation for the resolution. He indicated Phoenix proposed to construct six new homes. He advised that this project will cost in excess of $400,000 and will be completed before December 31, 1999. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Pfeifer. The resolution was adopted by a roll call vote of nine ayes. Council Member Kelly made a motion to combine public hearing on the next two resolutions, seconded by Council Member Varner. The motion carried. RESOLUTION NO. 2683 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH 1 1 1 REGULAR MEETING OCTOBER 12, 1998 BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND RD., AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL SOUTH BEND, 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 1137 S. Lafayette Blvd., South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the east half of Section 21, township 38 north, range 2 east, 2nd P.M. St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the east -west half section line of said east half north 88 degrees 53 minutes 36 seconds East 915.58 feet from the center of said Section 21, thence north 0 degrees 56 minutes 57 seconds west 338.80 feet; thence north 88 degrees 53 minutes 36 seconds east, parallel with the east -west half section of said Section 800.00 feet; thence south 0 degrees 56 minutes 57 seconds east 1726.13 feet; thence northwesterly 550.14 feet along an arc to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of north 54 degrees 36 minutes 59 seconds west and a distance of 549.80 feet; thence north 51 degrees 05 minutes 08 seconds west 465.22 feet; thence north 0 degrees 56 minutes 57 seconds west 761.20 feet to the east -west half section line of said east half the point of beginning, and containing 26.203 acres, more or less. and this property has Key Numbers 25 500 13100, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et sea.; 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 sea., and South Bend Municipal Code Sections 2- 76 et sea. 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 employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) 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 installation of new equipment; REGULAR MEETING OCTOBER 12, 1998 (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 State 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 deduction for a period of five (5) years. 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 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/ Sean Coleman Member of the Common Council RESOLUTION NO. 2684 -98 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 3605 WEST CLEVELAND RD. AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL SOUTH BEND, INC. 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 3605 W. Cleveland, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the east half of Section 21, township 38 north, range 2 east, 2nd P.M. St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the east -west half section line of said east half north 88 degrees 53 minutes 36 seconds East 915.58 feet from the center of said Section 21, thence north 0 degrees 56 minutes 57 seconds west 338.80 feet; thence north 88 degrees 53 minutes 36 seconds east, parallel with the east -west half section REGULAR MEETING OCTOBER 12, 1998 of said Section 800.00 feet; thence south 0 degrees 56 minutes 57 seconds east 1726.13 feet; thence northwesterly 550.14 feet along an arc to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of north 54 degrees 36 minutes 59 seconds west and a distance of 549.80 feet; thence north 51 degrees 05 minutes 08 seconds west 465.22 feet; thence north 0 degrees 56 minutes 57 seconds west 761.20 feet to the east -west half section line of said east half the point of beginning, and containing 26.203 acres, more or less. and which has Key Number 25 500 13100 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. 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 Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 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 or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner 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 requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that REGULAR MEETING OCTOBER 12, 1998 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 Indiana Code 6 -1.1- 12.1 -3. 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 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 pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, 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/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Richard Monagle, operations manager, made the presentation for the resolution. He informed the Council that they make automotive pistons for GM and Ford. He explained they wanted to add 25,000 square feet to the existing facility. He advised the Council that they will employ an additional 50 people, bringing their total employment to 450 full time jobs. Council Member Kelly made a motion to adopt Resolution No. 2683 - 98, seconded by Council Member Aranowski. The motion carried on a roll call vote of nine ayes. Council Member Pfeifer made a motion to adopt Resolution No. 2684 -98, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 86 -98 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 617 WEST LA SALLE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Aranowski made a motion to refer this bill to the Zoning and Annexation Committee, and set it for public hearing and third reading on October 26, seconded by Council Member Kelly. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierziniak, 1156 E. Victoria, spoke regarding monetary losses at the Hall of Fame. Council Member Varner made a motion to allow a small group of [1 r 1 REGULAR MEETING OCTOBER 12, 1998 citizens to speak on Bill No. 77 -98, seconded by Council Member Hosinski. The motion carried. Darrick Lee, 2517 Ewing, indicated they were concerned about the alleys being closed in their area. Elizabeth Alexander, 2112 S. Meade, indicated she did not want an alley built behind her home. The Council informed them they were not building alleys they were closing existing alleys, and the public hearing on this bill would be on October 26. There being no further business to come before the Council unfinished or new, Council President Coleman adjourned the meeting at 9:15 p.m. ATTEST: ATTEST: it C --,(-k President