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HomeMy WebLinkAbout03-24-97 Council Meeting MinutesREGULAR MEETING MARCH 24,1997 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, March 24, 1997, 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 March 10, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the March 10, 1997, meeting be accepted and placed on file, seconded by Council Member Hosinski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 97 -14 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE INDIANA STATE LEGISLATURE TO ACT FAVORABLY UPON EITHER SENATE BILL NO. 153 OR SENATE BILL NO. 157 WHICH WOULD BAN LAND BASED CASINOS AND THE EXPANSION OF GAMBLING IN THE STATE OF INDIANA Council Member Coleman made a motion to continue resolution 97 -14 until the meeting of April 14, seconded by Council Member Ujdak. 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 7:05 p.m. with nine members present. Chairman Coleman presiding. BILL NO. 16 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF EAST MONROE STREET FROM THE WEST RIGHT -OF -WAY LINE OF SOUTH SAINT JOSEPH STREET TO THE EAST LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH SAINT JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN THE TAYLOR FIELD ADDITION IN THE CITY OF SOUTH BEND, SAINT JOSEPH COUNTY, INDIANA Council Member Varner made a motion to continue public hearing on this bill until April 14, at the request of the petitioner, seconded by Council Member Kelly. The motion carried. BILL NO. 20 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF EAST MADISON STREET, MORE PARTICULARLY DESCRIBED AS: THE SOUTH 12.5 FEET OF THE ORIGINAL 82.5 FOOT RIGHT -OF -WAY FROM THE EAST RIGHT -OF -WAY OF NORTH NOTRE DAME AVENUE TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH NOTRE DAME AVENUE AND SOUTH OF EAST MADISON STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET AND ALSO THE SOUTH 12.5 FEET OF EAST MADISON STREET OF THE ORIGINAL 82.5 FOOT RIGHT -OF- WAY FROM THE EAST RIGHT -OF -WAY OF THE FIRST NORTH - SOUTH ALLEY EAST OF NORTH NOTRE DAME AVENUE AND SOUTH OF EAST MADISON STREET, TO THE WEST RIGHT - OF -WAY OF NORTH FRANCES STREET FOR A DISTANCE OF APPROXIMATELY 165 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. John Ford, attorney, made the presentation for the bill. He indicated this vacation of a portion of Madison Street would be used to create off - street parking for the hospital. He indicated the medical center owns all of the property on the south side of the street and all of the property on the north side except for one small house. He indicated this is part of a plan that will be subject to rezoning. Council Member Varner made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion carried. BILL NO. 21 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Aranowski reported that the Parks and Recreation Committee had met on this bill and recommended it to the Council favorable. Randy Nowacki, director of operations for the golf courses, made the presentation for the bill. He indicated this bill would approve the sale of approximately one - half acre of the Studebaker Golf Course, in order to complete the Riley High School project. He reported that School City will pay for the relocation of the maintenance facility located on that property. Joyce Boaler, Hillsdale Street, spoke against the sale of this property. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 22 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING FOUR HUNDRED EIGHTY - THREE THOUSAND DOLLARS $483,000 FROM THE GENERAL FUND This being the time heretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Cathy Roemer, Controller, made the presentation for the bill. She indicated this bill was submitted in accordance with a Memorandum of Understanding executed by and between the South Bend Civic Center Board of Managers, the South Bend Regional Museum of Art, the City of South Bend, and the Studebaker National Museum. She indicated this authorizes the transfer of funds to the Studebaker National Museum Capital Improvement Fund as repayment for 1993 Hotel Motel Tax Revenue Bond funds. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Varner. The motion carried. ATTES r�;�fti ity le c REGULAR MEETING RECONVENED ATTEST: Chairman REGULAR MEETING MARCH 24, 1997 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 7:20 p.m. Council President Kelly presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 6768 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF EAST MADISON STREET, MORE PARTICULARLY DESCRIBED AS: THE SOUTH 12.5 FEET OF THE ORIGINAL 82.5 FOOT RIGHT -OF -WAY FROM THE EAST RIGHT - OF -WAY OF NORTH NOTRE DAME AVENUE TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH - SOUTH ALLEY EAST OF NORTH NOTRE DAME AVENUE AND SOUTH OF EAST MADISON STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET AND ALSO THE SOUTH 12.5 FEET OF EAST MADISON STREET OF THE ORIGINAL 82.5 FOOT RIGHT -OF -WAY FROM THE EAST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH NOTRE DAME AVENUE AND SOUTH OF EAST MADISON STREET, TO THE WEST RIGHT - OF -WAY OF NORTH FRANCES STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET This bill had third reading. Council Member Coleman made a motion to adopt this bill, seconded by Council Member Hosinski. The bill was adopted by a roll call vote of eight ayes and one nay (Council Member Broden). This bill was later vetoed by the Mayor. ORDINANCE NO. 8769 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8770 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING FOUR HUNDRED EIGHTY -THREE THOUSAND DOLLARS $483,000 FROM THE GENERAL FUND This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of nine ayes. This bill had third reading. Council Member Broden made a motion to pass this bill, seconded by Council Member Coleman. 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 three resolutions, seconded by Council Member Hosinski. The motion carried. RESOLUTION NO. 2443 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA VOTING IN FAVOR OF AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL IMPOSING THE COUNTY OPTION INCOME TAX IN ST. JOSEPH COUNTY (COIT) WHEREAS, the Common Council of the City of South Bend, Indiana recognizes that the Indiana Legislature has passed REGULAR MEETING MARCH 24, 1997 legislation which provides for the County Option Income Tax (COIT); and WHEREAS, in order to continue to provide essential governmental services to all residents of St. Joseph County, Indiana, and in recognition that there is a financial need to impose the County Option Income (COIT). NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. The Common Council of the City of South Bend, Indiana casts its 42.71 votes for the proposed ordinance of the St. Joseph County Income Tax Council which reads as follows: AN ORDINANCE IMPOSING A COUNTY OPTION INCOME TAX IN ST. JOSEPH COUNTY, INDIANA (COIT) STATEMENT OF PURPOSE & INTENT The St. Joseph County Income Tax Council, pursuant to IC 6- 3.5 -6, has determined that it will be in the public interest to impose a county option income tax in St. Joseph County to provide funding for needed governmental services to all residents of St. Joseph County, Indiana. The members of the St. Joseph County Income Tax Council are the South Bend Common Council, Mishawaka Common Council, the St. Joseph County Council, and other local units. NOW, THEREFORE, BE IT ORDAINED BY THE ST. JOSEPH COUNTY INCOME TAX COUNCIL OF ST. JOSEPH COUNTY, INDIANA, as follows: SECTION I. The St. Joseph County Income Tax Council imposes the County Option Income Tax (COIT) on the county taxpayers of St. Joseph County. The county Option Income Tax (COIT) is imposed at a rate of Two- tenths of one percent (0.2 %) on the resident county taxpayers and at a rate of Five - hundredths of one percent (0.05 %) on all nonresident county taxpayers. This tax takes effect July 1 of this year, 1997. SECTION II. The county option income tax (COIT) is imposed on the county taxpayers of St. Joseph County at the following rates for subsequent years as follows: Resident County Taxpayers nonresident County Taxpayers July 1, 1998 to June 30, 1999 03% 0.075% July 1, 1999 to June 30, 2000 0.4% 0.1% July 1, 2000 to June 30 2001 0.6% 0.15% SECTION III. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION IV. This Ordinance shall be in full force and effect from and after its passage by the St. Joseph County 1 1 1 REGULAR MEETING MARCH 24, 1997 Income Tax Council. 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/ Roland Kelly Member of the Common Council RESOLUTION NO. 2444 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA VOTING IN FAVOR OF AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL IMPOSING THE COUNTY ECONOMIC DEVELOPMENT INCOME TAX IN ST. JOSEPH COUNTY (CEDIT) WHEREAS, the Common Council of the City of South Bend, Indiana recognizes that the Indiana Legislature has passed legislation which provides for the County Economic Development Income Tax (CEDIT); and WHEREAS, in order to continue to provide essential governmental services to all residents of St. Joseph County, Indiana, and in recognition that there is a financial need to impose the County Economic Development Income Tax (CEDIT). NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: AN ORDINANCE IMPOSING A COUNTY ECONOMIC DEVELOPMENT INCOME TAX IN ST. JOSEPH COUNTY, INDIANA (CEDIT) STATEMENT OF PURPOSE AND INTENT The St. Joseph County Tax Council, pursuant to IC 6- 3.5-7, has determined that it will be in the public interest to impose a County Economic Development Income Tax (CEDIT) in St. Joseph County to provide funding for needed governmental services to all residents of St. Joseph County, Indiana, and previously imposed the county economic development income tax in St. Joseph County effective July 1, 1995. The members of the St. Joseph County Income Tax Council are the South Bend Common Council, Mishawaka Common Council, the St. Joseph County Council and other local units. NOW, THEREFORE, BE IT ORDAINED BY THE ST. JOSEPH COUNTY INCOME TAX COUNCIL OF ST. JOSEPH COUNTY, INDIANA, as follows: SECTION I. The St. Joseph County Income Tax Council imposes the County Economic Development Income Tax (CEDIT) on the county taxpayers of St. Joseph County. The County Economic Development Income Tax (CEDIT) is imposed at a rate of Two- tenths of one percent (0.2 %) on the county taxpayers of St. Joseph County. This tax takes effect July 1, 1997. SECTION II. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION III. This Ordinance shall be in full force and effect from and after July 1, 1997 upon its passage by the St. Joseph County Income Tax Council. REGULAR MEETING SECTION II. This resolution effect from and after its adoption approval by the Mayor. MARCH 24, 1997 shall be in full force and by the Common Council and /s/ Roland Kelly Member, Common Council RESOLUTION NO. 2446 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA VOTING IN FAVOR OF AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL INCREASING THE PERCENTAGE CREDIT ALLOWED FOR HOMESTEADS IN ST. JOSEPH COUNTY WHEREAS, the Common Council of the City of South Bend, Indiana recognizes that the Indiana Legislature has passed legislation which provides for the County Option Income Tax and allows, in connection therewith, for an increase in the percentage credit allowed for homesteads in counties in which the county Option Income Tax is in effect; and WHEREAS, the St. Joseph County Income Tax Council has approved the imposition of the County Option Income Tax in St. Joseph County and has determined that the imposition of this tax should be accompanied by property tax relief in the form of an increase in the percentage credit allowed for homesteads in St. Joseph County. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. The Common Council of the City of South Bend, Indiana casts its 42.71 votes for the proposed ordinance of the St. Joseph County Income Tax council which reads as follows: AN ORDINANCE INCREASING THE PERCENTAGE CREDIT ALLOWED FOR HOMESTEADS IN ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT The St. Joseph County Income Tax council, pursuant to IC 6 -3.5 -6 has determined that it will be in the public interest to increase the percentage allowed for homesteads in St. Joseph County to provide property tax relief to the homeowners of St. Joseph County, Indiana. The members of the St. Joseph County Income Tax Council are the South Bend Common Council, Mishawaka Common Council, and other local units. NOW, THEREFORE, BE IT ORDAINED BY THE ST. JOSEPH COUNTY INCOME TAX COUNCIL OF ST. JOSEPH COUNTY, INDIANA, as follows: SECTION I. The St. Joseph County Income Tax Council hereby increases the percentage credit allowed for homesteads in St. Joseph County under IC 6 -1.1- 20.9 -2 as follows: For Real Property Taxes payable in 1998 the percentage credit allowed for homesteads in St. Joseph County is increased six (6) percentage points over that percentage allowed under IC 6 -1.1- 20.9 -2. For Real Property Taxes payable in 1999 the percentage credit allowed for homesteads in St. Joseph County is increased seven (7) percentage points over that percentage allowed under IC 6 -1.1- 20.9 -2. REGULAR MEETING MARCH 24, 1997 For Real Property Taxes payable in 2000 and thereafter the percentage credit allowed for homesteads in St. Joseph County is increased eight (8) percentage points over that percentage allowed under IC 6 -1.1- 20.9 -2. This shall take effect January 1, 1998. SECTION II. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION III. This Ordinance shall be in full force and effect from and after January 1, 1998 upon its passage by the St. Joseph County Income Tax Council. 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/ Roland Kelly Member, Common Council A public hearing was held on the resolution at this time. Mayor Luecke made the presentation for the resolutions. He indicated he has supported the option tax since he has been in public office, since this tax shifts part of the tax burden from the home owner to the income earner. He reported there was a need for the additional revenue in the City of South Bend; our infrastructure and neighborhood projects needs improvement, public safety and youth activities are other areas that are under funded; as well as other needs for additional dollars in this community. He reported that CEDIT can be used to support organizations and staff that encourage economic development, and COIT can be used to bring sewer and water to new areas at the fringe of the City, as well as other public works programs. He reported that if this tax is passed the administration will report how the money will be spent on an annual basis. He indicated he felt the option tax was a fair tax. Tom Brademas, 425 N. Michigan, spoke in favor of the tax. He indicated he was on the County Fiscal Study Committee, and in their many meetings he learned of the need for the tax. Marcie Sears, a community development specialist from the Chamber of Commerce, indicated the Chamber has been in support of this tax since 1992. Jamie O'Brien, spoke in favor or the increase in homestead credit. Steve Quieor, president of the Chamber of Commerce, indicated that most of County and City's infrastructure is reaching the end of its useful life. He indicated that the area is growing and the Federal government is placing more mandates on the local governments. He reported that eighty out of ninety -two counties in the State have adopted this type of tax, and it is difficult to ask for more State support until we pass an option tax in this county. Ann Bokenkamp, 1041 Riverside indicated she wants the infrastructure upgraded, since we cannot live off the improvements made in the past. Thomas Hall, 1323 Fairfax, indicated he had spent eighteen months on a committee studying the needs of the City, and they found the City needed the additional revenue. Duke Jones, 1608 Devon, president of the South Bend Entertainment Board, indicated they supported the County Option Tax. Tom Thomas, Gumwood road, spoke in favor of these bills indicating the things we do now will reflect five to ten years from now. John Roos, 1730 Oak Park, reported he also served on the County Fiscal Study Committee. He indicated the county faces a 2.5 million dollar operating deficit this year and the 1998 budget will have the full expense for the juvenile center. He indicated there is not enough revenue to meet the Counties' needs. Ron Radecki, 1233 S. St. Peter, indicated he supported these resolutions because he lives in the inner -city and knows the need for city services. Todd Garner, 1625 Crestwood, spoke during time allotted for those in favor of the REGULAR MEETING MARCH 24, 1997 tax, he clearly intended to be in opposition to this tax. Bill Borders, president of the Keller Neighborhood Association, spoke in favor indicating that a great number of citizens in his group supported this tax. Linda Petill, 55111 Lindly Avenue, indicated she has been threatened after speaking in opposition to this tax. She again spoke against the tax, indicating that if the public knew how the money was being spent there would be another Boston Tea Party. Carl Brockton, spoke against the tax. Joyce Boaler, Hillsdale St., indicated the people did not want this tax. James Philson, 1314 E. Ewing, spoke against the tax indicated he was a union worker and could not afford the tax. Jim Cierzniak, 1156 E. Victoria, spoke against this tax, indicating this was not tax reform it was another plundering of the taxpayers of this county. Linda Levine, indicating her paycheck is gone before she gets it and taxes should only be passed by referendum. Bob Cervelli of Granger, indicated he was in favor of all of the projects the Mayor spoke about, but he does not feel the option tax was the answer. Christine Murdock, indicated this tax will have a bad effect on senior citizens who rent. John Walton, 530 Tanglewood Lane, indicated he had paid taxes for forty years, and now he rents and would not benefit from the tax. Kelly Havens, 12032 Timberline Trace, indicated we all know we do not need this tax. Pat Mylak, St. Louis Blvd., spoke against the tax. Henry Carlson, Mishawaka, indicated the people do not want this tax. Mayor Luecke, in rebuttal, indicated the option tax was a fair method of taxation, Social Security income is not taxed, and this year the County's cash flow is a negative, not a positive. After lengthy Council discussion, Council Member Coleman made a motion to adopt Resolution No. 2443 -97, seconded by Council Member Borden. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Varner.) Council Member Coleman made a motion to adopt Resolution No. 2444 -97, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Varner). Council Member Coleman made a motion to adopt Resolution No. 2445 -97, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2446 -97 A JOINT RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AND MAYOR STEPHEN J. LUECKE PROCLAIMING MARCH 24- 30, 1997 AS NATIONAL COMMUNITY DEVELOPMENT WEEK WHEREAS, Mayor Stephen J. Luecke and the Common Council of the City of South Bend note the COMMUNITY DEVELOPMENT BLOCK GRANT has become a valuable asset to South Bend since 1975; and WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has operated since 1974 to provide local governments with the resources required to meet the needs of low and moderate income; and WHEREAS, community development block grant funds are used by thousands of neighborhood -based nonprofit organizations throughout the Nation to address pressing neighborhood and human service needs; and WHEREAS, in the last several years the Federal government has reduced Federal assistance to local governments and nonprofit organizations; and WHEREAS, during this time of constricted Federal contributions to the task of meeting the needs of low and moderate income persons, the problems have grown as evidenced by the dwindling supply of affordable housing, the massive rise in homelessness, and the resurfacing of hunger and malnutrition; and WHEREAS, during the time of Federal withdrawal from responsibility, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has 1 1 1 REGULAR MEETING MARCH 24, 1997 assumed increasing importance for meeting pressing community problems; and WHEREAS, the Congress and the Nation has often overlooked the critical value of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM and the significant number of organizations and projects that rely on its funds for support; and WHEREAS, the Congress of the United States has declared March 24 - 30, 1997 NATIONAL COMMUNITY DEVELOPMENT WEEK and have called upon the President and all people of the United States to observe the week with appropriate ceremonies and activities. NOW, THEREFORE, BE IT RESOLVED that Mayor Stephen J. Luecke and the Common Council of the City of South Bend, Indiana, proclaim March 24 -30, 1997 NATIONAL COMMUNITY DEVELOPMENT WEEK and call upon all citizens of our city to participate in ceremonies and activities celebrating the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. /s/ Roland Kelly Member of the Common council A public hearing was held on the resolution at this time. Beth Leonard, director of financial and program management, made the presentation for the resolution. She indicated is proclaiming the week of March 24 - 30, in order to draw attention to the great contribution the Community Development Block Grant has made to South Bend. Mayor Luecke spoke in favor of this resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2447 -97 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 250 EAST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF DAVIS AND GROOME, AN INDIANA PARTNERSHIP 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 250 E. Sample, South Bend, Indiana, and which is more particularly described as follows: Parcel I: Lots numbered one (1), two (2) and three (3) as shown on the recorded plat of Mary Hutchins' addition to the City of South Bend, recorded in Plat Book 2, Page 67, together with the east and west alley lying south of lots 1 and 2 and north of lot 3 of said lots. A lot or parcel of land in the east half of the northwest quarter of Section 13, Township 37 north, Range 2 east, now within and a part of the City of South Bend, in St. Joseph County, Indiana, described as beginning at a point 36 rods, 3 feet and 10 inches west of the northeast corner of the northwest quarter of said section 13; thence running west on the north line of said section a distance of 28 feet; thence to the place of beginning, excepting therefrom that part taken off of the north end thereof for Sample Street. Parcel II: A parcel of land in the northwest quarter of Section 13, Township 37 north, Range 2 east, described as follows: Beginning at a point 40 rods, 13 feet and 10 inches west of the northeast corner of the northwest quarter REGULAR MEETING MARCH 24. 1997 of the northwest quarter of section 13, which point is in the center line of Sample Street; thence east on said line 48 feet; thence south 10 rods and 31 links; thence west 43 feet; thence north 10 rods and 31 links to the place of beginning. and which has Key Number 18 7001 0001, 18 7001 0002, and 18 7008 0277 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; 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 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 1 �l 1 REGULAR MEETING MARCH 24, 1997 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 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Broden reported that the Community and Economic Development Committee had met on this resolution and recommended it to the Council favorable. Bill Groome and Duane Davis made the presentation for the resolution. They indicated they planned to renovate the old Railroad Salvage buildings at 250 E. Sample, so they may be used as a Maaco Auto Painting and Bodyworks Center, at a cost of approximately $100,000. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 23 -97 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 804 LAFAYETTE BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Aranowski. The motion carried. BILL NO. 24 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 3, SECTION 20 -29 OF THE SOUTH BEND MUNICIPAL CODE, TO ESTABLISH FEES FOR TOWING AND STORAGE OF ABANDONED VEHICLES This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on April 14, seconded by Council Member Sniadecki. The motion carried. BILL NO. 25 -97 A BILL TRANSFERRING $443,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Broden made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on April 14, seconded by Council Member Hosinski. The motion carried. REGULAR MEETING MARCH 24, 1997 BILL NO. 26 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FROM VARIOUS ACCOUNTS This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on April 14, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR David Small, 925 W. Washington, spoke about the shabby railroad station we have in South Bend, indicating it was an embarrassment. He was informed by the Council that a new station was being built. There being no further business to come before the Council unfinished or new, Council President Kelly adjourned the meeting at 9:58 p.m. ATTEST: ty Cl r ATTEST: --Z� President r 1