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HomeMy WebLinkAbout12-13-93 Counicl Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, December 13, 1993, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Ladewski Absent: None 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 November 29, 1993 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Steve Luecke Council Member Coleman made a motion that the minutes of the November 29 meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Council President Luecke announced that the Organizational Meeting of the Council will be held on January 3, at noon. He indicated there were two openings on the Redevelopment Commission and one opening on the Human Rights Commission, that will be filed on January 3. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on at 7:06 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 107 -93 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BOND" (P.A.I. PROPERTIES, AN INDIANA PARTNERSHIP PROJECT, SERIES 1993), IN THE AGGREGATE PRINCIPAL AMOUNT OF FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. 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 Kelly reported that the Economic Development Committee had met on this bill and recommended it to the Council favorable. Mark Krcmaric, attorney, made the presentation for the bill. He indicated the Economic Development Commission had approved a bond issue of $450,000 to North American Signs for an expansion of their facilities. He indicated they would create 25 new jobs. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. LL NO. 108 -93 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE REFUNDING BONDS (FIRST BANK CENTER PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT, NOT EXCEEDING $8,030,384.77 AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THEREOF. 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 Kelly reported that the Economic Development Committee had met on this bill and recommended it to the Council favorable. Mark Krcmaric, attorney, made the presentation for the bill. He indicated the Economic Development Commission had approved a refinancing of this bond issue for the First Bank Center. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 109 -93 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, RELATIVE TO FLOODPLAIN REGULATIONS, BY ADDING A NEW SUB- SECTION TO ARTICLE 12, SECTION 21 -180, REGULATORY FLOOD ELEVATION. Council President Luecke announced this bill was on the agenda in error, and would be heard in January. BILL NO. 110 -93 A BILL APPROPRIATING $90,282.00 FROM PROJECT RELEAF. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Puzzello reported that the Personnel and Finance Committee had met on this bill and ■:�:RRO�I9:��IJI:IN M1 @4v. q.:a, iu,.tw.����sr� � recommended it to the Council favorable. Jeff Rinard, finance director, made the presentation for the bill. He indicated that funds are collected monthly to pay for Project Releaf expenses, i.e., temporary help, FICA, supplies, leaf boxes, equipment repair and lease payments. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 111 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 2 -170.5 ENTITLED "HOWARD PARK ICE RINK NON - REVERTING CAPITAL IMPROVEMENT FUND ". 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 Coleman reported that the Parks Committee had met on this bill and recommended it to the Council favorable. Ron O'Connor, fiscal officer, made the presentation for the bill. He indicated the Park Board had approved an increase in various user fees associated with the ice rink, and that these funds be deposited into a non - reverting capital improvement fund, similar to the three new funds recently created for the Park Department. Barbara Brownell, 1407 Sunnymede, spoke in favor of this bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 112 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES WITHIN THE ZOO ENDOWMENT FUND TO BE USED FOR CAPITAL PROJECTS AND /OR CAPITAL IMPROVEMENTS AT THE POTAWATOMI ZOO, CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1993. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Parks Committee had met on this bill and recommended it to the Council favorable. Ron O'Connor, fiscal officer, made the presentation for the bill. He indicated they had received a bequest of $10,000 for the Potawatomi Zoo for capital improvements only. He indicated they had wanted to purchase a Gunite Spray Machine, hose and nozzle. Council member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas. The motion carried. Council Member Coleman made a motion to combine accept substitute Bill No. 113 -93, on file with the City Clerk, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to combine public hearing on Bill nos 113 and 114 -93, seconded by Council Member Duda. The motion carried. Council Member Puzzello made a motion to accept substitute Bill No. 114 -93, seconded by Council Member Coleman. The motion carried. BILL NO. 113 -93 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1993. BILL NO. 114 -93 A BILL INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1993. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Puzzello reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Jeff Rinard, finance director, made the presentation for the bill. He indicated these bills are passed every year in order to transfer and appropriate needed funds into different accounts. Council Member Coleman made a motion to recommend Bill No. 113 -93 to the Council favorable, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to recommend Bill No. 114 -93 to the Council favorable, seconded by Council Member Duda. 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: City Clerk REGULAR MEETING RECONVENED ATTEST: 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 7:32 p.m. Council President Luecke presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8447 -93 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BOND" (P.A.I. PROPERTIES, AN INDIANA PARTNERSHIP PROJECT, SERIES 1993), IN THE AGGREGATE PRINCIPAL AMOUNT OF FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8448 -93 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE REFUNDING BONDS (FIRST BANK CENTER PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $8,030,384.77 AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THEREOF. This bill had third reading. Council Member Coleman 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. 8449 -93 AN ORDINANCE APPROPRIATING $90,282.00 FROM PROJECT RELEAF. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8450 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 2 -170.5 ENTITLED "HOWARD PARK ICE RINK NON - REVERTING CAPITAL IMPROVEMENT FUND ". This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8451 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES WITHIN THE ZOO ENDOWMENT FUND TO BE USED FOR CAPITAL PROJECTS AND /OR CAPITAL IMPROVEMENTS AT THE POTAWATOMI ZOO, CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1993. This bill had third reading. Council Member Duda made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8452 -93 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1993. This bill had third reading. Council Member Puzzello made a motion to amend the bill as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8453 -93 AN ORDINANCE INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1993. This bill had third reading. Council Member Coleman made a motion to amend the bill as amended in the Committee of the Whole, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2084 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE EXTENSION OF A LEASE OF PROPERTY AT SUITE 216, 224 WEST JEFFERSON BOULEVARD, SOUTH BEND, INDIANA, FOR THE SOUTH BEND CITY CLERK IS NEEDED. WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on December 6, 1993, received a petition ( "Petition ") signed by at least fifty (50) taxpayers of the City of South Bend requesting that the Board exercise its option to extend the lease of the property at Suite 216, 224 West Jefferson Boulevard, South Bend, Indiana, for a period of three (3) additional months beginning January 11, 1994, for temporary office space for the South Bend City Clerk's office, with monthly rental of said premises not to exceed Nine Hundred Thirty -three and 33/100 Dollars ($933.33); and WHEREAS, the Board of Public Works received, on December 6, 1993, a certificate of the St. Joseph County Auditor, certifying that at least fifty (50) signatories of the Petition are taxpayers of property located within the corporate limits of the City of South.Bend; and WHEREAS, I.C. § 36- 1 -10 -7 (2) requires, prior to the Board of Public Works entering into an extension of the lease for said premises, that the Common Council, after investigation, determine that the premises are needed; and WHEREAS, the Council has determined, after investigation, that the employees of the City Clerk's Office should not be returned to their former office space on the fourth floor of the County -City Building until measures are taken to ensure that said office is environmentally safe for said employees. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1) That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring the speak in favor of and opposed to the adoption of this resolution. 2) That the Common Council has determined that it is advisable for the welfare of the employees of the City Clerk's Office to extend the current lease at Suite 216, 224 West Jefferson Boulevard, South Bend, Indiana, for a period of three (3) months beginning January 11, 1994. 3) That on December 6, 1993, a Petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board exercise its option to extend the lease for the property at Suite 216, 224 West Jefferson Boulevard, South Bend, Indiana, for a period of three (3) months, beginning January 11, 1994, with the monthly rental not to exceed Nine Hundred Thirty Three and 33/100 Dollars ($933.33). 4) That on December 6, 1993, the Board of Public Works received a certificate signed by the St. Joseph County Auditor certifying that at least fifty (50) of the signatories of the Petition are taxpayers on property located within the corporate limits of the City of South Bend. 5) That the lease for the premises, which was entered into by the Board of Public Works on October 11, 1993, on an emergency basis which lease is the subject of the proposed extension, is on file with the Board of Public Works, and a true and complete copy of said lease is attached hereto and incorporated herein. 6) That having heard all speakers at the presentation and hearing on this Resolution on the 13th day of December, 1993, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigations, discussions and consideration by individuals Council members, the Common Council of the City of South Bend hereby finds, pursuant to I.C. § 36- 1- 10 -7(2)m that the extension of the lease for a period of three (3) months, beginning January 11, 1994, of the property at Suite 216, 224 West Jefferson Boulevard, South Bend, Indiana, as a temporary office for the South Bend City Clerk, as petitioned by Fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor, is needed. 7) This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Mary Muller, Deputy City Attorney, made the presentation for the resolution. She indicated that although the Commissioners have committed to commencing the interior work, work on the exterior will not be possible until early spring. She indicated that due to the respiratory problems suffered by a majority of the personnel in the Clerk's office we do not want to relocate them to the former quarters until the cleanup is completed. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2085 -93 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 THE CORNER OF ELWOOD AND PORTAGE AVENUES, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR MARTIN'S REALTY CO. 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 400 West Sample Street, South Bend, Indian, and which is more particularly described as follows: A tract or parcel of land in the North West Quarter of Section 2 in Township No. 37 North, Range No. 2 East, being in the City of South Bend, described as follows, viz: Beginning at a point on the South line of Elwood Avenue, which point is 20 feet south and 975 feet east of the northwest corner of the northwest 1/4 of Section 2, Township 37 North, Range 2 East, running thence South 1184.17 feet more or less to the Northerly line of the Chicago, Indiana & Southern Railroad Company's right -of -way; thence Northeasterly along said Northerly line of said Chicago, Indiana & Southern Railroad Company's right -of -way 1063.7 feet to the Southwesterly line of Portage Avenue; thence Northwesterly along said Southwesterly line of Portage Avenue 389.5 feet to the South line of Elwood Avenue; thence west along the south line of Elwood Avenue 363.4 feet to the place of beginning. Excepting therefrom the following described parcel, beginning in the southwesterly line of Portage Avenue in the City of South Bend, at a point south 37 degrees 48 minutes East 197.0 feet from the intersection of the south line of Elwood Avenue with the southwesterly line of said Portage Avenue running thence south 37 degrees 48 minutes east along said southwesterly line of said Portage Avenue, 152.0 feet to a point 39.5 feet, measured at right angles from the northwesterly right -of -way line of the Chicago, Indiana & Southern Railroad; thence south 37 degrees 20 minutes west 103.6 feet on the long chord of a curve to the left, which curve is parallel to and at all points 39.5 feet distant from he said northeasterly right -of -way line of said Chicago, Indiana & Southern Railroad; thence north 37 degrees 48 minutes west 178.65 feet; thence north 52 degrees 12 minutes east 100 feet to the place of beginning. Also excepting therefrom the following described parcel, beginning at the intersection of the westerly line of Portage Avenue and the south line of Elwood Avenue in the City of South Bend, indiana, thence southeasterly along the easterly line of Portage Avenue 112 feet; thence angle southwesterly 90 degrees a distance of 80 feet; thence northwesterly parallel with the westerly line of Portage Avenue, 123.75 feet; thence north 39.57 feet, to the south line of Elwood Avenue, said point being 70.4 feet west of the intersection of said Elwood Avenue and Portage Avenue; thence East along the South line of Elwood Avenue 70.4 feet to the place of beginning. and which has Key Number 18 1094 3941 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, Indian, 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. 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 that can be reasonably expected to redevelopment or rehabilitation; and information was requested are benefits result from the proposed described 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. G. That the area is located in an Economic Development Target Area designated as such under Indiana Code 6 -1.1- 12.1 -7. 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 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 The Common Council hereby determines that the property owner is and is granted property tax deduction for a period of three (3) years. VII. The Common Council directs the City Clerk to cause notice of the n of this Declaratory Resolution for Real Property Tax Abatement to be ed pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said tion providing notice of the public hearing before the Common Council on the d confirming of said declaration. This Resolution shall be in full force and effect from and after its Common Council and approval by the Mayor. /s/ Stephen J. Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Economic Development Committee had met on this bill and recommended it to the Council favorable. Ernest Szarwark, attorney, made the presentation for the bill. He indicated the store will be expanded adding 12,000 square feet of space which will allow for an increase in the deli, meat and produce areas. He indicated ten new jobs will be created. Phillip Barnett, 730 Cottage Grove, spoke against this abatement. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2085 -93 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 4401 WESTERN AVENUE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR UNIVERSITY COMMONS JOINT VENTURE. 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 400 West Sample Street, South Bend, Indian, and which is more particularly described as follows: Part of the northwest quarter of Section 9, township 37 north, Range 2 east, City of South Bend, Indiana, described as part of Blocks "E" & "F" as shown on the recorded plat of Garden Village 2nd Unit and a part of blocks lettered "A" and "B" as shown on the recorded plat of Garden Village 3rd unit. The parcel is more particularly described as: Beginning at a point on the east line of Lombardy Drive, 150 feet north of the southwest corner of said Block Lettered "B", thence north along said east line of Lombardy Drive, 392.15 feet to a point 210 feet north of the southwest corner of said Block Lettered "A ", 583.93 feet to the westerly line of the recorded Plat of part of Block "F" in Garden Village 2nd Unit and part of Block " "A in Garden Village 3rd Unit, an Addition to the City of South Bend; thence southeasterly along said westerly line of recorded plat 125.09 feet to a point; thence continuing southeasterly along said Westerly line of recorded plat, 199.86 feet to the southeasterly corner of lot 523 as shown on said recorded plat of part of Block "F" and Block "A"; thence east along the north line of said Block Lettered "E", 105.44 feet; thence northeasterly along a line perpendicular to the westerly line of Villageway, 56.53 feet to the westerly line of Villageway; thence southeasterly along said westerly line of Villageway, 70 feet to the point of tangency of curve; thence continuing Southeasterly along said curved Westerly line of Villageway 202.48 feet arc measurement to the northeast corner of a tract of land conveyed to Chester W. Waggoner by Colpaert Realty Corporation, by virtue of a warranty deed dated June 20, 1969 and recorded July 1, 1969 in Deed recorded July 1, 1969 in Deed Record 716, page 65, in the Office of the Recorder of St. Joseph County, Indiana; thence West along the North line of said Waggoner tract, 210.93 feet; thence south along the West line of said Waggoner tract, 168 feet to the North line of Western Avenue; thence West along said North line of Western Avenue 231.57 feet to the West line of said Block Lettered "E"; thence North along said West line of Block Lettered "B"; thence Westerly along the Northerly line of Western Avenue, 543.29 feet to a point 150.01 feet Easterly of the Southwest corner of said Block Lettered "B"; thence North parallel with the West line of said Block Lettered "B ", 151.16 feet thence West parallel with the North line of said Block Lettered "B ", 150 feet to the place of beginning. PARCEL II: A part of Block Lettered "E" as shown on the recorded Plat of Garden Village 2nd Unit Addition, in the City of South Bend, described as beginning at the Northwest intersection of Village Way and Western Avenue; thence West along the North line of Western Avenue 125 feet; thence East on the line parallel with the North line of Western Avenue 120.62 feet; to the Westerly line of Village Way; thence Southeasterly along said Westerly line of Village Way to the place of beginning. PARCEL III: A part of Block Lettered "E" as shown on the recorded Plat of Garden Village 2nd Unit Addition to the City of South Bend, Indiana, more particularly described as follows: Commencing at a point on the North line of Western Avenue, 225 feet West of the West line of Village Way, said point being the Southwest corner of a tract of land conveyed to Chaster W. Wagoner by Colpaert Realty Corporation, by virtue of a warranty deed dated April 4, 1969 and recorded April 10, 1969 in Deed Record 712, page 428 in the Office of the Recorder of St. Joseph County, Indiana; thence North along the West line of said Wagoner tract, 143 feet to the point of beginning for the following described tract of land; thence continuing North along a line, said line being the West line of said Wagoner tract extended North 25 feet; thence East parallel with said North line of Western Avenue, 210.93 feet to the Westerly line of Village Way; thence Southeasterly along said Westerly line of Village Way 25.82 feet; are measurement to the Northeast corner of said Wagoner tract; thence West along the North line of said Wagoner tract, 217.25 feet to the place of beginning. PARCEL IV: A part of Block Lettered "E" as shown on the recorded Plat of Garden Village 2nd Unit Addition, in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point on the North line of Western Avenue, 125 feet West of the West line of Village Way, said point being the Southwest corner of a tract of land conveyed to the Phillips Petroleum Company by Belleville Investment Company by virtue of a Warranty Deed dated September 27, 1960 and recorded October 5, 1960 in Deed Record 606, page 197 in the office of the Recorder of St. Joseph County, Indiana; thence continuing West 100 feet; thence North along the line parallel with the West line of said Phillips Petroleum Company tract 142 feet; thence East parallel with said North line of Western Avenue 217 feet, more or less to the Westerly line of Village Way; thence Southeasterly along said Westerly line of Village Way to the Northeast corner of said Phillips Petroleum Company; thence West along the North line of said Phillips Petroleum Company tract 120.62 feet; thence South 125 feet to the place of beginning. which has Key Number 18- 4124 -4818, 18- 4124- 481801, and 18- 4124 - 481802 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, Indian, 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. 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. G. That the area is located in an Economic Development Target Area designated as such under Indiana Code 6 -1.1- 12.1 -7. 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 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 Council acknowledges the passage of a Bill by which the area described hereinabove is designated as an Economic Development Target Area. Therefore, pursuant to Indiana state law, the area in question qualifies for real property tax abatement while being used for retail trade purposes. The Council also has considered the evidence of declining occupancy and degenerating facility, together with evidence that other, similar malls are facing a period of economic crisis, and in some instances have been closed. The Council has further considered the potential impact in terms of direct loss of jobs, and loss of ancillary employment opportunities and tax revenues likely to result from further deterioration or closure of the facility in question. As a consequence hereof, the Council has determined that the property in question qualifies for tax abatement under Section 2- 84 of the South Bend Municipal Code and the standards the Council applies in connection with such determinations. SECTION VI. 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 VII. 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 VIII. 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 I. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen J. Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Economic Development Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Washington. The motion carried. Ernest Szarwark, attorney, made the presentation for the bill. He indicated this store has had hard times in recent years and needs to be completely revamped. He indicated Martin's has looked at other sites further west, but have made a commitment to stay at this location. Council Member Zakrzewski made a motion to pass the Resolution as amended, seconded by Council Member Washington. The resolution passed by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 115 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 420 E. IRELAND ROAD 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 Duda. The motion carried. BILL NO. 116 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4400 BLOCK OF WEST WESTERN AVENUE, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 117 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 113 AND 116 S. FRANCIS STREET, 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 Zakrzewski. The motion carried. BILL NO. 118 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF E. WASHINGTON AVE. FROM THE EAST RIGHT - OF -WAY LINE OF N. FRANCES ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. FRANCES ST. FOR A DISTANCE OF APPROXIMATELY 113 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALLEY LOCATED AT COTTREL'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on January 10, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 119 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED WEST OF IRONWOOD ROAD AND SOUTH OF IRELAND ROAD IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (RESERVOIR ANNEXATION). This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on January 10, seconded by Council Member Duda. The motion carried. BILL NO. 120 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8436 -93, WHICH AMENDED CHAPTER 16 OF THE MUNICIPAL CODE ENTITLED "REFUSE ". This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to the Utilities Committee and set it for public hearing and third reading on January 10, seconded by Council Member Duda. The motion carried. BILL NO. 121 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 1, SECTION 20 -17 OF THE MUNICIPAL CODE AUTHORIZING INSPECTORS WITH THE DEPARTMENT OF CODE ENFORCEMENT WHO HAVE OBTAINED A SPECIAL COMMISSION TO ENFORCE THE PROVISIONS OF CHAPTER 20. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Utilities Committee and set it for public hearing and third reading on January 10, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR James Cierzniak, 1156 E. Victoria, spoke regarding the College Football Hall of Fame. There being no further business to come before the Council unfinished or new, Council Member Ladewski made a motion to adjourn, seconded by Council Member Zakrzewski. The motion carried and the meeting was adjourned at 8:15 p.m. ATTEST: City Clerk ATTEST: