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HomeMy WebLinkAbout10-09-95 Council Meeting MinutesREGULAR MEETING OCTOBER 9. 1995 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 9, 1995, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Absent: SPECIAL BUSINESS Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Duda, Coleman Council Member Ladewski Council Member Coleman made a motion to start the October 23, meeting of the Council at 5:00 p.m., seconded by Council Member Washington. The motion carried. REPORT FROM CITY OFFICES Brian Smith, coordinator for the Police Recreational Program, indicated that program started in 1994 with a grant of $50,000. He indicated they work with existing community centers in an effort to develop social skills as well as develop and improve the relationship between the police and neighborhood kids. Council Member Luecke made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. 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 seven members present. Chairman Washington presiding. BILL NO. 60 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH /SOUTH ALLEY SOUTH OF OAK PARK DRIVE, RUNNING SOUTH FROM OAK PARK DRIVE FOR A DISTANCE OF APPROXIMATELY 150 FEET TO THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, ALL IN "WOODED ESTATES," IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Council Member Luecke made a motion to strike this bill, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 54 -95 A BILL TO VACATE THE FOLLOWING PROPERTY - THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF STATE ROAD 23 FROM THE EAST RIGHT -OF -WAY LINE OF N. BURNS STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. BURNS STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET AND A WIDTH OF APPROXIMATELY 10 FEET. PART SITUATED IN HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 55 -95 A BILL TO VACATE THE FOLLOWING PROPERTY - THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF STATE ROAD 23 FROM THE EAST RIGHT -OF -WAY LINE OF N. DUEY STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. DUEY STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET AND A WIDTH OF APPROXIMATELY 10 FEET. PART SITUATED IN HARTMAN AND WOODWORTH'S PLAT IN THE CITY OF SOUTH BEND, INDIANA Council Member Puzzello made a motion to continue public hearing on Bill Nos. 54 and 55 -95 indefinitely, at the request of the petitioner, seconded by Council Member Duda. The motion carried. BILL NO. 43 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1613 WEST DUNHAM, IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Council Member Zakrzewski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Puzzello. The motion carried. John Byorni, Area Plan, indicated the petitioners were requesting a change from "B" to "C" to allow from a grocery and residence at this location. He indicated the Area Plan Commission had recommended this bill to the Council favorable. Michael Heppenheimer, attorney, made the presentation for the bill. He indicated the petitioners wanted to open a mexican grocery in this location. He indicated this location had been a grocery since 1890, until about ten years ago. He indicated that the purchase agreement was contingent upon the rezoning to "C" commercial. He gave the Council petitions that the proposed purchased had solicited from people on Dunham and Fisher (no petition was given the City Clerk's office). Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Slavinskas. The motion carried. BILL NO. 53 -95 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE OBJECT IN -SITU LOCATED IN THE PUBLIC RIGHT OF WAY AT THE CORNER OF POKAGON STREET AND STANFIELD STREET, IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Oxian, president of Historic Preservation, made the presentation for the bill. He indicated there is another street light we are going bring to the Council as a landmark at a later date. He indicated this street light has rare style and should be an historic landmark. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: ATTEST: / City Clerk Chairman 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 7:26 p.m. Council Vice President Duda presiding, and eight members present. BILLS, THIRD READING ORDINANCE NO. 86$,7 -95 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1613 WEST DUNHAM, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Luecke made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Washington. The motion carried. Council Member Zakrzewski made a motion to pass the bill, as amended, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 86428 -95 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE OBJECT IN -SITU LOCATED IN THE PUBLIC RIGHT OF WAY AT THE CORNER OF POKAGON STREET AND STANFIELD STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2283 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1923 LINCOLNWAY WEST, SOUTH BEND, INDIANA 46628 WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14 -1.5- 5, requesting that a special exception be granted for the property located at: 1923 Lincolnway West, South Bend, IN 46628 in order to permit parking spaces for Greater New Vision Missionary Baptist Church, Inc., adjoining property. Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. that: The Common Council of the City of South Bend, Indiana hereby finds 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying w i t h t h e reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Betty Williams, 1013 Linsey, made the presentation for the resolution. She indicated the Greater Missionary New Baptist Church, was planning to put a parking lot in back of the building and needed this exception. She indicated they needed 26 to 28 parking spaces. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2284 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 411 W. INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR KEENER PRINTING & LITHOGRAPHY, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 411 W. Indiana, South Bend IN, and which is particularly described as follows: Lots 2,4,5 & Vac. Alley, Stull's 4 with said real estate having the following Key Nos. 18 35156 1744 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Mike Keener, made the presentation for the resolution. He indicated they were requesting this abatement to purchase equipment in order be competitive in the commercial printing market. Gene Oakley, 2614 York Road, spoke in favor of this abatement. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2285 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 814 S. MAIN TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, INC.. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 814 S. Main, South Bend IN, and which is particularly described as follows: PARCEL I: All of the Numbered One Hundred Nine (109) and One Hundred Ten (110) as shown on the recorded Plat of Daniel Garst's Subdivision of a part of his 1st addition to South Bend City, now a part of the City of South Bend. PARCEL II: All of Lots Numbered Two Hundred fifty -seven (257) and Two Hundred Fifty -eight (258) as shown on the recorded Plat of Daniel Garst's Subdivision of a part of his 1st addition to the South Bend City, now within and a part of the City of South Bend. PARCEL III: All of Lots Numbered Two Hundred Eleven (211) and Two Hundred Twelve (212) as shown on the recorded Plat of Daniel Garst's 1st addition to the South Bend City, now within and a part of the City of South Bend. PARCEL IV: Beginning at the Northwest corner of Lot Two Hundred Twenty (220) in Garst's First addition to South Bend City now within and a part of the City of South Bend, Indiana, as recorded in plat Book 3, page 41 in the Office of the Recorder of St. Joseph County, Indiana, said beginning point being the intersection of the South line of said vacated 14 foot alley with the East right -of -way line of Main Street as now exist: thence north 0 degrees 00'00" East (bearing assumed) along said right -of- way line of Main Street, a measured distance of 52.13 feet to the South line of the North 30.00 feet of said Lot Two Hundred Sixty (260); thence North 89 degrees 57'40" East along said South line and parallel with the North line of said Lot 260 a measured distance of 200.37 feet to the East line of Lot Two Hundred Twelve (212) in Garst's First Addition; thence South 0 degrees 10121" West along the Eat line of said lot 212, a measured distance of 51.93 feet to the Northeast corner of Lot Two Hundred Thirteen (213) in said Garst's First addition being also the Southeast corner of a 14 South 89 foot alley vacated by Vacation Resolution 3444; thence south 89 degrees 46120" West along the South line of said vacated 14 foot alley, a measured distance of 200.25 feet to the place of beginning. PARCEL V: All of Lots Numbered Two Hundred (213), Two Hundred Fourteen (214), Two Hundred Fifteen (215), Two Hundred Sixteen (216), and the East 10 feet of Lot Numbered Two Hundred Seventeen (217) all as shown on the recorded Plat of Daniel Garst's 1st addition of South Bend City, now within and a part of the City of South Bend, excepting therefrom the South 25 feet thereof. PARCEL VI: All of Lots Numbered Two Hundred Eighteen (218), Two Hundred Nineteen (219), and Two Hundred Twenty (220), and the West 15 feet of Log Numbered Two Hundred Seventeen (217) all as shown on the recorded Plat of Daniel Garst's 1st addition to South Bend City, now within and a part of the City of South Bend, excepting therefrom the South 24.5 feet thereof. with said real estate having the following Key Nos. 18 3042 1621 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seg. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Stan Blenke, executive vice president of Schafer Gear made the presentation for the resolution. He indicated they planned to purchase machinery, which will be used to manufacturer gear components. Council Member Washington made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2286 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE AGREEMENT ESTABLISHING A CONSOLIDATED BUREAU OF WEIGHTS AND MEASURES AND AUTHORIZING THE EXECUTION THEREOF. WHEREAS, the City of South Bend Indiana (City), and the County of St. Joseph (County), desire to cooperate in the operation of a Consolidated Bureau of Weights and Measures in order to provide for the inspection and accuracy of all instruments used within South Bend and St. Joseph County to measure items sold to the public; and WHEREAS, the County is willing to assume the responsibility for the day -to -day operation of the Consolidated Bureau of Weights and Measures and to continue to employ all current County Weights and Measures employees and to employ any additional necessary employees; and WHEREAS, the efficiencies of administration resulting from such a joint operation consolidation will produce cash savings for both the City and the County; and WHEREAS, I.C. 36 -1 -7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise, jointly or by one entity on behalf of the others, powers that may be exercised by such units severally; and WHEREAS, a substantial similar resolution has or will be approved by the County Council of St. Joseph County. NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED THE CITY OF SOUTH BEND, INDIANA UNDER I.C. 36 -1 -7, THE INDIANA INTERLOCAL COOPERATION ACT, AND I.C. 24 -6 -3, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. That the Common Council of the City of South Bend, Indiana has considered and hereby approves the establishment of a Consolidated Bureau of Weights and Measures for the inspection and accuracy of all instruments used within South Bend and St. Joseph County to measure items sold to the public and related activities. Section II. That the Common Council of the City of South Bend, Indiana hereby authorizes the Mayor of the City of South Bend, Indiana to enter into an agreement establishing a Consolidated Bureau of Weights and Measures, in form and substance the same as or similar to that of the Agreement attached hereto. Section III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Eugene Ladewski Member, Common Council A public hearing was held on the resolution at this time. Council Member Puzzello reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Kathy Dempsey, Director of Code Enforcement, made the presentation for the resolution. She indicated this consolidation, as with the Building Department, would save the money for the City and the County, as well as improve service to the community. She indicated the Sealer's department would now consist of one sealer and one inspector. She indicated the County had already approved a resolution for this consolidation. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2287 -95 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 2107 AND 2525 WEST EWING 2502, 2510, 2602, 2612 WEST CALVERT STREET A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES COMPANY. WHEREAS, a petition for real property tax abatement has been file with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 2517 and 2525 West Ewing and 2502, 2510, 2602 and 2612 West Calvert, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 2517 W. Ewing Lot 253A Homeland 2nd Add. 18 8105 3988 2525 W. Ewing Lot 255A Homeland 2nd Add. 18 8105 3986 2502 W. Calvert Lot 224A Homeland 2nd Add. 18 8103 3890 2510 W. Calvert Lot 226A Homeland 3rd Add. 28 8103 3888 2602 W. Calvert Lot 282A Homeland 3rd Add. 18 8106 4030 2612 W. Calvert Lot 284A Homeland 3rd add. 18 8106 4028 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed 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 Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, , as follows: ON I. The Common Council hereby determines and finds that the Petition for Real rty Tax Abatement and the Statement of Benefits form completed by the Petitioner the requirements of Indian a Code 6 -1.1- 12.1 -1, et seq., for tax abatement. 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- 12.1 -3 SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Section 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 Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION V. The designation as a Residentially Distressed 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 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 /Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Mike Urbanski, a representative of G. M. Properties, made the presentation for the bill. He asked for the Council's support on the passage of this resolution. He indicated this affordable housing will give the city positive results. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Luecke. The motion carried. RESOLUTION NO. 2288 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REQUESTING THE INDIANA STATE LEGISLATURE TO ADOPT STATE LEGISLATION WHICH WOULD ALLOW SECOND CLASS CITIES WHO ARE RESTRICTED BY STATE ANNEXATION LAWS TO DESIGNATE ADDITIONAL AREAS FOR RESIDENTIAL TAX ABATEMENT Whereas, the Common Council believes that a strong base of homeowners is important to healthy neighborhoods and a vital community; and Whereas, the Common Council has encouraged home ownership in the city of South Bend by funding R.E.W.A.R.D. the Community Homebuyers Corporation as well as other city programs; and Whereas, the State Legislature has enacted Indiana Code § 6 -1.1- 12.1 -2 which allows cities to offer limited five year real property tax abatement for the construction of new single family homes in designated areas which can comprise not more than 10% of the city. To date, the Council has approved three (3) petitions approving abatements for 16 parcels and further notes that there are two (2) petitions pending for an additional ten (10) parcels to be designated under this state law; and Whereas, the City of South Bend has been restricted by Indiana Code 5 36 -4 -3 in its annexation powers compared to other second class cities in this state by limited its ability to expand and increase home ownership in the city; and Whereas, the Common Council of the City of South Bend believes that residential tax abatements would be a useful tool for spurring single family development within more than 10% of the City and for encouraging growth through voluntary annexation of residentially zoned vacant land. 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, hereby petitions the Indiana State Legislature to amend Indiana Code § 6 -1.1 -12.1 by permitting a second class city which is restricted in its annexation powers by Indiana Code § 36 -4 -3 the authority to designate up to 250 of the City as a residential abatement area. SECTION II: The Common Council requests that a copy of this Resolution be sent by the City Clerk's office to all area State Legislators and to the Common Council and Mayor of the City of Mishawaka and encourages each of them for their assistance is enacting this new state law. SECTION III: This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke, 1st District Cleo Washington, 2nd District Roland Kelly, 3rd District Ann Puzzello, 4th District Irene K. Gammon City Clerk Linas Slavinskas, 5th District Thomas Zakrzewski, 6th District Sean Coleman, At Large Loretta Duda, At Large Eugene Ladewski, At Large Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Luecke made the presentation for the resolution. He indicated the State has allowed communities to declare residential abatement areas. They have also limited South Bend and Mishawaka in their annexation powers, therefore, it is important for us to encourage the building of single family homes within the City. He indicated we are limited to only 10% of the city for this designation, and this resolution asks the State to allow us to designate 25% percent to compensate for the lack of annexation. Council Members Coleman and Slavinskas appeared at the podium with Council Member Luecke in support of this resolution. Gene Oakley, 2614 York and Mike Urbanski, Day Road Mishawaka, spoke in favor of this resolution. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of eight ayes. BILLS. FIRST READING BILL NO. 61 -95 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 518 SOUTH MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Washington. The motion carried. BILL NO. 62 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 710 EAST WAYNE STREET, THE SOUTHWEST CORNER OF WAYNE AND ST. PETER STREETS IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Washington. The motion carried. Council Member Washington made a motion to suspend the rules and have first reading on Bill No. 63 -95, seconded by Council Member Puzzello. The motion carried on a roll call vote of eight ayes. BILL NO. 63 -95 A BILL APPROPRIATING $29,255.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR THE PURPOSE OF PERFORMING VARIOUS REPAIRS AT THE MORRIS CIVIC AUDITORIUM. This bill had first reading. Cleo Hickey, interim director of the Morris Civic, indicated they were requesting first reading on this bill in order that these repairs could be made as quickly as possible. Council Member Luecke made a motion to set this bill for public hearing and third reading on October 23, and refer it to the Personnel and Finance Committee, seconded by Council Member Zakrzewski. The motion carried. PRIVILEGE OF THE FLOOR Gene Oakley, 2614 York Road, spoke against building an ice hockey arena in South Bend. There being no further business to come before the Council unfinished or new, Council Member Zakrzewski made a motion to adjourn, a seconded by Council Member Kelly. The motion carried. The meeting was adjourned at 8:38 p.m. ATTEST: 4 City Clerk rmmvcm.