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HomeMy WebLinkAbout04-23-90 Council Meeting Minutes42 REGULAR MRFTING APRIL 23,_ 1990 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, April 23, 1990, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Voorde 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 April 9, 1990 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Thomas Zakrzewski /s/ Ann Puzzello Council Member Coleman made a motion that the minutes of the April 9, 1990, meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1777 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMEMORATING THE SPECIAL COURAGE AND COUNTLESS ACCOMPLISHMENTS OF THE LATE RYAN WHITE. WHEREAS, the residents of the City of South Bend, Indiana, have been deeply touched and saddened by the untimely passing of Ryan White on Palm Sunday of this year; WHEREAS, in the past five years of Ryan's brief life of 18 years, he accomplished more than most do in seven plus decades; and WHEREAS, the special courage and bravery of this young person made us all pause, ponder, and reflect on the incurable infectious disease of AIDS; and WHEREAS, through his special grace and dignity, he set a tone which made each of us focus on education and hope, rather than fear; and WHEREAS, through Ryan's unyielding desire not to surrender, he swung open the door of increased understanding and appreciation of the suffering and steadfast courage of those who are afflicted with incurable diseases; and WHEREAS, Ryan White touched the hearts of the rich and famous, the common man and woman, and the youth of not only our country, but of the world. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. On behalf of all of the citizens of the City of South Bend,, Indiana, the Common Council hereby publicly commemorates the late RYAN WHITE for his special courage and countless accomplishments, and most importantly his unique ability to touch others with compassion and understanding. SECTION II. The Common Council expresses its deepest sympathy to the family of RYAN WHITE and especially to his mother, Jeanne, and his sister Andrea, of Cicero, Indiana, and hope that the abundant and rich memories of RYAN will help brighten the days ahead. 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, FIRST DISTRICT DONALD NIEZGODSKI, SECOND DISTRICT WILLIAM SODERBERG, THIRD DISTRICT LINAS SLAVINSKAS FIFTH DISTRICT THOMAS ZAKRZEWSKI, SIXTH DISTRICT SEAN COLEMAN, AT LARGE LORETTA DUDA, AT LARGE JOHN VOORDE, AT LARGE REGULAR MEETING ATTEST: Q, City Clerk Mayor APRIL 23, 1990 A public hearing was held on the resolution at this time. Council Member Coleman made the presentation on the resolution. He indicated that Ryan brought greater awareness to people about the effects of incurable infectious diseases. He stated Ryan's special courage and bravery opened the door of increased understanding and appreciation of the suffering and steadfast courage of those who are afflicted with incurable diseases. Council Member Puzzello made a motion to adopt this resolution, seconded by Council Member Voorde. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1778 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENCOURAGING ALL RESIDENTS OF THE CITY TO PARTICIPATE IN THE 1990 CENSUS. WHEREAS, on April 1, 990, the Bureau of the Census officially launched the 21st census count in our Nation's history - a process mandated by the U.S. Constitution every ten years; and WHEREAS, this year's census count will be the largest and most complex ever undertaken with over 106 million questionnaires being mailed out and more than 300,000 census takers and support government personnel involved in gathering data; and WHEREAS, the population count is used to determine federal, state, and local representation in government as well as help federal and state governments to provide assistance to communities for housing, health, human services and other programs; and WHEREAS, in 1988 the Federal government distributed over $73 billion in domestic aid based on the census; and WHEREAS, those funds have been used for such vital programs as: building roads, bridges, and waste treatment plants; for funded programs for the elderly, drug rehabilitation, child development and housing rehabilitation with all of the dollar amounts based in part on population or housing data; and WHEREAS, South Bend residents and all citizens should feel comfortable in completing and returning the census forms because they are protected in that their completed census forms are confidential and personal information from the 1990 census will be locked up until the year 2062; and WHEREAS, 100% participation by the residents of the City of South Bend is vital to all of us. NOW, THEREFORE, BE IT ORDAINED 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, urges all residents to complete their 1990 census forms and to assist census takers working in their neighborhood. SECTION II. The Council urges persons who have not received a form to call 1- 800 - 999 -1990 of the District Office 239 -2220, so that all of our citizens can be counted. SECTION III. The Council urges all citizens to join in by doing their part in encouraging your friends and relatives to be counted and thereby creating a better future for us all. SECTION IV. 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, FIRST DISTRICT DONALD NIEZGODSKI, SECOND DISTRICT WILLIAM SODERBERG, THIRD DISTRICT LINAS SLAVINSKAS FIFTH DISTRICT THOMAS ZAKRZEWSKI, SIXTH DISTRICT SEAN COLEMAN, AT LARGE LORETTA DUDA, AT LARGE JOHN VOORDE, AT LARGE 43 REGULAR MEETING ATTEST: City Clerk Mayor APRIL 23, 1990 A public hearing was held on the resolution at this time. Loretta Duda, Councilman -at -Large made the presentation on the bill. She stated that on April 1, 1990, the Bureau of the Census officially launched the 21st census count in the Nation's history. Laurel Dearborn, Local Director of the Census Bureau, spoke in favor of the resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote on nine ayes. REPORTS OF CITY OFFICES Joseph Agostino, Director, South Bend Water Works, stated that over the weekend of April 21 and 22 1990 there was a water main break in the 700 block of W. Washington Street. He stated that this was caused due to a fatigued pipe that was installed in the 1890's. He indicated that due to heavy traffic on the street is caused the water main to blew and it took a good portion of the street. He stated that if any of the city residents are experiencing rusty water they should call the South Bend Water Works at 284 -9322. BILLS THIRD READING BILL NO. 4 -90 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 710 EAST COLFAX AVENUE 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. Kevin Joyce, Area Plan, gave the staff report. He also indicated that the petitioner has been allowed to operate since they have filed a petition to rezone. John Peddycord, Attorney, 300 N. Michigan St. made the presentation on the bill. He stated that the petitioner is asking for a zone change to allow for an accounting /bookeeping office for Rainbow International Carpet Dyeing & Cleaning company. He stated that no general use of cleaning and /or dyeing will be done at this location. He also indicated that the petitioner is willing to put a covenant commitment on the bill. It is stated as follows: Commitment Regarding Use and Development of Real Estate: James J. Crimmins, and Mary Sue Crimmins, 513 Marquette Avenue, South Bend, Indiana 46628, hereinafter referred to as "Owners ", being the fee title owners of record of certain real estate commonly described as 710 East Colfax Avenue, South Bend, Indiana, the legal description for which is attached hereto, marked Exhibit "A ", and made a part hereof, and having filed a Petition to rezone said property on February 7, 1990, with the Common Council of the City of South Bend and the Area Plan Commission of St. Joseph County to rezone the said property from a "B" Residential District to a "C" Commercial ", "B" Height and Area District, which Petition is now pending before the Common Council of the City of South Bend, do hereby make, pursuant to I.C. 36 -7 -4 -613, the following commitments concerning the use and development of said real estate as an expressed condition of the proposed rezoning of said property from a "B" Residential District to a "C" Commercial, "B" Height and Area District by the Common Council of the City of South Bend: 1. The Owners agree to limit the use of the property to be rezoned for the specific use as an accounting, bookkeeping and sales office for Rainbow International, Inc. or its successors, including employee and /or customer parking, and to specifically develop said parcel of real estate in accordance. with the terms and provisions of a written site development plan, a copy of which is attached hereto, marked Exhibit "B" and made a part hereof; 2. The Owners further agree that, as provided in I.C. 36 -7 -4 -613, unless modified or terminated by the Area Plan Commission of St. Joseph County and /or the South Bend Common Council, this commitment is binding on them as Owners of the parcel, and each subsequent owner, and each other person acquiring an interest in the parcel; 3. The Owners agree that this commitment shall be recorded in the office of the St. Joseph County Recorder and a file - marked copy of the recorded commitment shall be furnished to the South Bend Common Council, the Area Plan Commission of St. Joseph County and all property owners of record located within three hundred feet (300') of the Petition property, the Owners further agree that these commitments shall take effect upon the adoption of an amendment to the South Bend Zoning Ordinance by the South Bend Common Council in accordance with - the Owners' Petitioned to rezone; 4. The Owners further agree that this commitment may be modified or terminated only by a decision of the Area Plan Commission of St. Joseph County and /or the Common Council of the City of South Bend, made at a public hearing after notice has been given by their rules as provided in I.C. 36 -7 -4 -613; 5. The Owners agree that these commitments shall be enforceable by an action in either law or equity by the City of South Bend, the Common Council of the City of South Bend, the Area Plan Commission of St. Joseph or by one or more property owners located with three hundred feet (3001) of the petitioned property and /or the successors and assigns of said property owners, said property owners being a class of specially affected persons entitled to enforce 45 REGULAR MEETING APRIL 23, 1990 6. The Owners hereby further agree that these commitments shall be binding upon their successors in interest, assigns, heirs, beneficiaries and personal representatives of their estates; 7. The Owners do hereby agree that the use and development of said property shall be strictly in accordance with the terms and provisions of these commitments including the site development plan attached hereto, marked Exhibit "B ", and made a part hereof. Executed this day of April, 1990. James J. Crimmins, Owner Mary Sue Crimmins, Owner Council Member Voorde made a motion to refer this bill back to the Area Plan Commission for further review, seconded by Council Member Soderberg. The motion carried. .BILL NO. 22 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 4 -17 AND 4 -43 BY THE ADDITION OF LICENSING REGULATIONS ADDRESSING TRANSIENT MERCHANTS. Council Member Voorde made a motion to continue this bill to the May 14, 1990 meeting, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 25 -90 A BILL APPROPRIATING $66,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM. 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 Luecke stated that the Human Resources and Economic Development Committee met on this bill and recommends favorable to Council. Ted Leverman, Assistant Director Bureau of Housing made the presentation on the bill. He stated that the City has received funds through the Emergency Shelter Grants Program which is administered by the State of Indiana Department of Human Services. He indicated that these funds will be used to provide services to the homeless and youth at risk in the South Bend area. Council Member Luecke made a motion to recommend this bill favorable, seconded by Council Member Duda. The motion carried. There being no further business Member Puzello made a motion to Member Zakrzewski. The motion ATTEST: City Clerk REGULAR MEETING RECONVENED to come before the Committee of the Whole, Council rise and report to the Council, seconded by Council carried. 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 8:00 p.m. Council President Zakrzewski presiding and eight members present. BILLS, THIRD READING ORDINANCE NO. 8085 -90 AN ORDINANCE APPROPRIATING $66,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM. This bill had second 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. RESOLUTIONS RESOLUTION NO. 1779 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 115 N. NILES AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR NILES /WASHINGTON ASSOCIATES. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as an Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 115 N. Niles Avenue and which is more particularly described as follows: REGULAR MEETING APRIL 23, 1990 LEGAL DESCRIPTION PARCEL E3 -3 AND 43 -4 A part of Lots Numbered Forty -three (43), Forty -four (44), Forty - five (45), Forty -six (46), Forty -seven (47) and Forty -eight (48) of the Original Plat of the Town of Lowell, now a part of the City of South Bend, together with that portion of the vacated 14 foot alley lying between Lots 45 and 46, said tract being more particularly described as follows: Beginning at a point 11.00 feet West of the Northeast corner of Lot 43 in said plat; thence South OOo 06' 00" West, parallel and 11 feet West of said West line of Niles Avenue, 409.94 feet to a point on the South line of Lot 48 in said plat, 11.00 feet West of the Southeast corner thereof; thence North 890 45' 24" West, along said South line, 118.15 feet; thence North OOo 04' 38" East, 211.66 feet to a point on the South line of Lot 45 in said Plat; thence South 890 56' 31" East, 29.29 feet; thence North OOo 05` 44" East, 198.04 feet to a point on the North line of Lot 43 in said Plat; thence South 890 54' 00" East, along said North line, 89.00 feet to the place of beginning. ALSO, A parcel of land being a part of Lots 43 through 48 and the adjacent vacated fourteen foot alley all in the Original Town of Lowell, now City of South Bend, Indiana, and being more particularly described as follows: Beginning at the Northeast Corner of said Lot 43; thence South Oo 06' 00" West (Bearing Assumed) along the West right -of -way line of Niles Avenue, a measured distance of 409.94 feet to the Southeast Corner of said Lot 48; thence North 890 45' 24" West along the North right -of -way line of Washington Street, a measured distance of 11.00 feet; thence North Oo 06' 00" East parallel with said West right -of -way line of Niles Avenue, a measured distance of 409.91 feet to the South right -of -way line of Colfax Avenue; thence South 890 54' 00" East along said South right -of -way line, a measured distance of 11.00 feet to the place of beginning containing 4,509 square feet, more or less. Subject to any easements, covenants, or restrictions of record. PARCEL E9 -11 A parcel of land being Lots 95 and 96 and the East 65 feet of Lot 94 in the Original Plat to the Town of Lowell, now City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Southwest corner of said lot 96; thence North Oo 00' 00" East (Bearing Assumed) along the East right -of -way line of Niles Avenue a distance of 131.72 feet to the Northwest corner of said lot 95; thence North 890 57, 00" East along the Northline of said lot 95 a distance of 100.95 feet; thence North o 04' 55" West a distance of 65.92 feet to the North line of said lot 94; thence North 890 54' 56" East along said North line a distance of 65.00 feet to the Northeast corner of said lot; thence South Oo 04' 56" East along the East line of said lots a distance of 197.89 feet to the South line of said lot 96; thence North 890 58' 41" West along said South line a distance of 166.14 feet to the place of beginning containing 26,175 square feet (0.601 acres) more or less. Subject to any easements, covenants or restrictions of record. 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 Real 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 Real property tax deduction for a period of ten (10) years. 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 /Thomas Zakrzewski Member of the Common Council 47 REGULAR MEETING APRIL 23, 1990 A public hearing was held on the Resolution at this time. John Phair, 100 E. Wayne St., made the presentation on the resolution. He indicated that the project shall consist of a three story commercial office building of approximately 36,000 square feet. He stated that the project will create 15 new jobs with an annual payroll of $622,125.00. He stated that the estimated value of the project is $3,000,000.00. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1780 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 431 E. COLFAX AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR NILES / COLFAX ASSOCIATES. 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 and consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 431 E. Colfax Avenue and which is more particularly described as follows: A parcel of land being a part of the Lots 38 and 42 inclusive along with vacated alleys, or parts thereof in the Original Plat to the Town of Lowell, now City of South Bend, Portage Township, St. Joseph County, Indiana being more particularly described as follows: Beginning at the Southeast corner of said Lot 42, thence North 89- 54' -0" West along the South line of said Lot 42 also being the North right -of -way of Colfax Street, a distance of 139.77 feet: thence North 4- 51' -15 West, a distance of 70.11 feet: thence North 5- 27' -04" West, a distance of 66.59 feet, thence North 3- 49; -42" West, a distance of 66.69 feet: thence North 5- 10' -1 -" West, a distance of 14.89 feet: thence North 6- 33' -25" West, a distance of 68.34 feet to the North line of a 16 foot alley: thence North 89- 57' -07" East along the North line of said alley, a distance of 178.84 feet to the West right -of -way line of Niles Avenue: thence South 0- 12' -20" West along the West right -of -way line of said Niles Avenue, a distance of 347.40 feet to the place of beginning containing 1.245 acres more or less. Subject to any easements, covenants or restrictions of record. 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 Real 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 real personal property tax deduction for a period of six (6) years. 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 /Thomas Zakrzewski Member of the Common Council A public hearing was held on the resolution at this time. John Phair, 100 E. Wayne St., made the presentation on the bill. He stated that the project will consist of a two story commercial office building of approximately 26,000 square feet. He indicated that the project will create 10 new jobs with an annual payroll of' $260,000. He stated that the estimated value of the project is $2,000,000.00. Council Member Luecke made a motion to amend this bill, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to adopt this resolution as amended, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. F4 P-Awd REGULAR MEETING APRIL 23, 1990 RESOLUTION NO. 1781 -90 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 1111 S. MAIN ST. AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 6 YEAR REAL PROPERTY TAX ABATEMENT FOR 3 -G PROPERTIES. 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 1111 S. Main St., South Bend, Indiana, and which is more particularly described as follows: Lot number Thirty -Five (35), Thirty -Six (36), and Thirty -Seven (37), of the Recorded Plat of Stull`s First Addition to the City of South Bend, Indiana. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq. and South Bend Municipal Code section 2 -76 et se g., and; WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et se g. and South Bend Municipal Code section 2 -76, et se g., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et se g., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et se g., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed redevelopment or rehabilitation; D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the Statement of Benefits set forth as 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 Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described by designated an Economic Revitalization Area and hereby adapts 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 six (6) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 4 REGULAR MEETING APRIL 23, 1990 s /Thomas Zakrzewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas, 5703 Bridgeton Ln., made the presentation on the bill. He stated that he has filed a uniform conflict of interest disclosure statement with the City of South Bend, stating that he is a partner in 3 - G Properties. He indicated that the project will create a 6,100 sq. ft. addition to an existing building The addition will allow for the expansion of machine building business. He also indicated that the expansion will allow for the metal hose fabrication activity to increase to serve new customers in an expanded market area. He stated that the project will create 2 new jobs with an annual payroll of $35,000.00. He stated that the estimate value of the project is $180,000.00. Council Member Luecke stated that the project is in a Redevelopment Target Area. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Voorde. The resolution was adopted by a roll call vote of eight ayes and one abstention. (Council Member Slavinskas) RESOLUTION NO. 1782 -90 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 109 N. HILL, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSE OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR EAST RACE VILLA'S. 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 109 N. Hill, South Bend, Indiana, and which is more particularly described as follows: PARCELS NO. E9 -8A AND E9 -8B The South Half (1/2) of Lot Numbered One Hundred (100) as shown in the Original Plat of the Town of Lowell, now a part of the City of South Bend, St. Joseph County, Indiana, as shown in Plat Book J, page 455. and Lot Numbered One Hundred One (101) and a lot or parcel of land 3 feet in width, North and South, and taken off of the entire length of the North side of Lot Numbered One Hundred Two (102) all in the Original Plat of the Town of Lowell, now a part of the City of South Bend, St. Joseph County, Indiana, as shown in Plat Book J, page 455. and The North One -half (1/2) of Lot Numbered One Hundred (100) as shown on the Original Plat of the Town of Lowell, now a part of the City of South Bend Subject to all covenants, conditions, restrictions, easements and reservations of record, and to zoning ordinances. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq. and South Bend Municipal Code Section 2 -76 et sea., and; WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et sea. and South Bend Municipal Code Section 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et se q. and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et sect. for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can be reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result 5� REGULAR MEETING APRIL 23, 1990 D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation. E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the Statement of Benefits set forth as sections I through II of the Petition for Real Property Tax Abatement Consideration and the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to No (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Thomas Zakrzewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke stated that the Human Resources and Economic Development Committee met on this resolution and recommends it favorable to the Council. Karl Schramm, 808 E. Colfax, Mishawaka made the presentation on the bill. He indicated that the proposed project will consist of 14 individual two bedroom condo's and will be located at 109 N. Hill. He stated that the project value is estimated at $550,000.00 Council Member Luecke stated that the project is in a Redevelopment Target Area. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. RESOLUTION NO. 1783 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AN APPLICATION FOR THE RENTAL REHABILITATION PROGRAM AND FOR THE SOUTH BEND PUBLIC HOUSING AUTHORITY TO SUBMIT AN APPLICATION FOR SECTION 8 HOUSING SUBSIDY. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for funds made available through the United States Housing Act (the Act). The Rental Rehabilitation Program is authorized by Section 17 of the Act which was enacted into law in Section 301 and the Hosing and Urban -Rural Recovery Act of 1983; and WHEREAS, Section 8 of the United States Housing Act of 1937, as amended, authorizes the Housing Authority to develop, own, or assist in housing for low- income persons; and WHEREAS, there currently exists in South Bend, Indiana, a need for housing which is not being provided by the private sector; and WHEREAS, the U. S. Department of Housing and Urban Development has available funds for such purpose. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit the Rental Rehabilitation application to the United States Department of Housing and Urban Development. SECTION II. That the Common Council hereby authorizes the Housing Authority of the City of South Bend, Indiana, to submit an application to the U.S. Department of Housing and Urban Development for units of housing to be funded by Section 8 of the United States Housing Act of 1937, as amended to be used in conjunction with the Rental Rehabilitation Program.