Loading...
HomeMy WebLinkAbout07-30-90 Council Meeting Minutes67 - REGULAR MEETING- -- - JULY 30 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, July 30, 1990, at 4:30 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Soderberg, Puzzello, Slavinskas, Zakrzewski, and Coleman Absent: Council Members Niezgodski, Duda and Voorde 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 July 30, 1990, at 4:35 p.m., with six members present. Chairman Coleman presiding. BILL NO. 57 -90 A BILL FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 1991, 1992, 1993. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathleen Cekanski - Farrand, City Council Attorney indicated that she would ask the Council to recess to a later time this evening, to allow the Firefighters Local #362 to finish their radification vote. She suggested that the Council reconvene at 7:30 p.m. July 30, 1990. Katie Humphreys, City Controller indicated that she will be unable to be at the meeting later this evening, but would like to commend all the people involed in the wage negotiation process. Council Member Zakrzewski made a motion to recess until 7:30 p.m., July 30, 1990, seconded by Council Member Puzzello. The motion carried. REGULAR MEETING JULY 30. 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, July 30, 1990, at 7:30 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Soderberg, Puzzello, Slavinskas, Zakrzewski, Duda, Coleman and Voorde Absent: Council Member Niezgodski COMMITTEE OF THE WHOLE Be it remembered that the Common Council Committee of the Whole on July 30, 1990, Chairman Coleman presiding. BILL NO. 57 -90 of the City of South Bend met in the at 7:35 p.m., with eight members present. A BILL FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 1991, 1992, 1993. The meeting was reconvened in the Committee of the Whole at 7:35 p.m. Kathleen Cekanski - Farrand, City Council Attorney, made the presentation on the bill. She commended the wage negotiation team for a job well done. John Voorde, 121 Wakewa, South Bend, IN, Council Member At Large spoke in favor of the bill. Ann Puzzello, 1247 E. LaSalle, South Bend, IN, 4th District Council Member, spoke in favor of the bill. Thomas Zakrzewski, 5035 Sunnyfield P1, South Bend, IN, President and 6th District Council Member spoke in favor of the bill. Chief Luther Taylor, South Bend Fire Department, spoke in favor of the bill. Thomas Bodnar, Chief Deputy City Attorney, spoke as a representative of the Board of Public Safety, spoke in favor of the bill. Captain Robert Raker, South Bend Fire Department spoke in favor of the bill. Captain Randy Magdalinski, South Bend Fire Department spoke in favor of the bill. He indicated that a fair job was done on both the City and Fire Wage Negotiation Teams. Mayor Joseph Kernan, 114 E. Pokagon, South Bend, IN, spoke in favor of the bill. He thanked the South Bend Fire Department for the quality and responsibility that they take in their jobs. He stated that the South Bend Fire Department has a great reputation as being the number one department in the City of South Bend. Council Member Voorde made a motion to recommend this bill to Council favorable, seconded by Council Member Luecke. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Slavinskas made a motion to rise and report to the Council, seconded by Council Member Soderberg. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman 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 8:20 p.m. w BILLS, THIRD READING ORDINANCE NO. 8104 -90 AN ORDINANCE FIXING FRINGE BENEFITS OF FIRE DEPARTMENT FOR This bill had second reading. Council Member Co bill, seconded by Council Member Duda. The bill eight ayes. ANNUAL PAY AND MONETARY IGHTERS OF THE SOUTH BEND NDAR YEARS 1991, 1992, 1993. made a motion to pass this d by a roll call vote of There being no further business to come before theouncil, unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Slavinskas. The motion carried and the meeting was adjourned at 8:20 p.m. ATTEST: APPROVED: `�"' / 4 City Clerk Presi M BILL NO. 35 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1400 N. ANDERSON, 1411 N. ANDERSON AND 1408 ELWOOD IN THE CITY OF SOUTH BEND, INDIANA. Council Member Voorde made a motion to continue this bill indefinately, seconded by Council Member Niezgodski. The motion carried. BILL NO. 36 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 529 SOUTH FELLOWS 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 stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable, as amended. Council Member Niezgodski made a motion to amend this bill, seconded by Council Member Slavinskas. The motion carried. Bob Sante, Assistant Director, Area Plan, gave the staff report. Bill Panzica, 422 E. Monroe, made the presentation on the bill. He indicated that the rezoning is requested to allow for 13 stall paved parking areas for adjacent River Glen South Office Building. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable as amended, seconded by Council Member Duda. The motion carried. BILL NO. 46 -90 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 119 LAPORTE 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 stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable. John Oxian, Historic Preservation Commission, made the presentation on the bill. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Niezgodski. The motion carried. BILL NO. 47 -90 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 1533 LINCOLNWAY WEST, 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 stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable. John Oxian, Historic Preservation Commission, made the presentation on the bill. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. BILL NO. 54 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4612 S. MAIN 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 stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable. Bob Sante, Assistant Director Area Plan gave the staff report and made the presentation on the bill. He indicated that this bill will correct an error in the book of maps. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. BILL NO. 58 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 4, ARTICLE 4, SECTION 4 -51, COMMONLY KNOWN AS SCRAP METAL DEALERS, JUNK DEALERS, RECYCLING OPERATIONS, AND TRANSFER STATIONS. Council Member Zakrzewski made a motion to continue this bill to the August 27, 1990 meeting, seconded by Council Member Luecke. The motion carried. BILL NO. 60 -90 A BILL APPROPRIATING $65,000.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR THE PURPOSE OF PURCHASING ADMINISTRATIVE EQUIPMENT AND SPOTLIGHTS AT THE MORRIS CIVIC AUDITORIUM. 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 stated that the Personnel & Finance Committee met on this bill and recommends it to the Council favorable. Dale Balsbaugh, Director Morris Civic Auditorium, made the presentation on the bill. He stated that the bill would allow for the acquisition of a computer system for the box office and administrative offices, and new follow -spots for the theatre. Council Member Niezgodski made a motion to recommend them to the Council favorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 61 -90 A BILL AMENDING CHAPTER 19, ARTICLE 3, OF THE MUNICIPAL CODE FOR THE CITY OF SOUTH BEND, ENTITLED "PUBLIC PARKS." 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 stated that the Parks Committee met on this bill and recommends it to the Council favorable. Council Member Coleman made the presentation on the bill. He indicated iL�i iL� Lill _J'_ tL n i .� _. �__�__ __ __ _ _.• • • •. • •. 72 result to the fish ladders /salmon fishery program. He also stated that the progran is nearing completion. Council Me er Slavinskas m de a motion to amend this bill, seconded by Council Member Zakrzewski. Council Member Niezgodski made a motion to recommend this bill favorable, seconded by Council ember Slavinskas. The motion carried. BILL NO. 62 -90 A BILL OF THE COMMON COUNCIL OF CHAPTER 2, ARTIiCLE 19, SECTION 2 OF ORDINANCE AND CODE VIOLATIONS BILL NO. 63 -90 A BILL OF THE COMMON COUNCIL OF AMENDING CHAPTER 13 OF THE MUNI ARTICLE 8 ENTITLED "OFFENSES RE'. RECYCLABLE MATERIALS." This being the time heretofore set for public hear proponents and opponents were given an opportunity Coleman made a motion to combine Bill Nos. 62 -90 a public hearing, seconded by Council Member Puzzell Member Puzzello stated that the Personnel & Financ and recommend them to the Council favorable. Count to amend Bill No. 62 -90 by substitution, seconded motion carried. Council Member Steve Luecke made bills He indicated that the amended bill incorpor discussed as well as the unlawful taking of recycl these fines will be collected through the Ordinanc located in the City Clerk's Office. J. Edward Tal favor of the bill. Council Member Soderberg made 62 -95 to the Council favorable, as amended, second The motion carried. Council Member Soderberg made 63 -90 to the Council favorable, seconded by Counci carried. BILL NO. 64 -90 A BILL APPROPRIATING $75,000.00 BUILDING AND SINKING FUND TO PR SEWER, WITHIN THE CUMULATIVE SE This being the time heretofore set for public hear. and opponents were given an opportunity to be hear4 a motion to suspend the rules to allow for second Council Member Duda. The motion carried by a roll Pitts - Manier, Deputy City Attorney made the presen Member Puzzello made a motion to recommend this bi . seconded by Council Member Voorde. The motion car: business to come before the Committee of the Whole motion to rise and report to the Council, seconded The motion carried. ATTEST: 4, CityLClerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of the Ci the Council Chambers on the fourth floor of the Cc Council President Zakrzewski presiding and eight m BILLS, THIRD READING HE CITY OF SOUTH BEND AMENDING 213 COMMONLY KNOWN AS "SCHEDUL CITY OF SOUTH BEND, INDIANA, CODE BY THE ADDITION OF NEW TO THE UNLAWFUL TAKING OF g on the above bills, o be heard. Council Member 63 -90 for the purpose of The motion carried. Council Committee met on these bills 1 Member Luecke made a motion Council Member Voorde. The e formal presentation on the es all of the Park Violations le materials. He stated that Violation Bureau, which is y, 1075 Riverside Dr., spoke it motion to recommend Bill No. by Council Member Niezgodski. motion to recommend Bill No. Member Niezgodski. The motion M THE CUMULATIVE SEWER T CS901, CORBY ST. SANITARY BUILDING AND SINKING FUND. ng on the above bill, proponent! . Council Member Puzzello made ad third reading, seconded by call vote of nine ayes. Jenny ation on the bill. Council 1 to the Council favorable, ied. There being no further Council Member Puzello made a by Council Member Zakrzewski. of South Bend reconvened in y -City Building at 7:30 p.m. ers present. ORDINANCE NO. 8105 -90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 6, DIVISION 2, SECTION 1 -112 COMMONLY KNOWN AS "EXCEPTIONS IN ALL DISTRICTS." This bill had third reading. Council Member Sla bill, as amended in the Committee of the whole, Soderberg. The motion carried. Council Member this bill, seconded by Council Member Soderberg. vote of six ayes and three nays (Council Members bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8106 -90 AN ORDINANCE AMENDI' PROPERTY LOCATED AT OF SOUTH BEND, INDI This bill had third reading. Council Member Niezgi bill, as amended in the Committee of the whole, sel Soderberg. The motion carried. Council Member Nil this bill, seconded by Council Member Soderberg. ' vote of six ayes and three nays (Council Members 0 ORDINANCE NO. 8107 -90 AN ORDINANCE AMENDIN, PROPERTY LOCATED AT CITY OF SOUTH BEND, s made a motion to amend th .ed by Council Member dski made a motion to pass bill passed by a roll call tan, Voorde and Luecke. The THE ZONING ORDINANCE FOR 22 LINCOLNWAY WEST, IN THE )dski made a motion to amend th :onded by Council Member :zgodski made a motion to pass Che bill passed by a roll call 3leman, Voorde and Luecke. 3 THE ZONING ORDINANCE FOR 529 SOUTH FELLOWS STREET IN THE LNDIANA. 73 This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Voorde. The motion carried. Council Member Voorde made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of eight ayes and one nay (Council Member Luecke.) ORDINANCE NO. 8108 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 119 LAPORTE IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Voorde 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. 8109 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 1533 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Luecke. The motion carried. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8110 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4612 S. MAIN STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Voorde made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8111 -90 AN ORDINANCE APPROPRIATING $65,000.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR THE PURPOSE OF PURCHASING ADMINISTRATIVE EQUIPMENT AND SPOTLIGHTS AT THE MORRIS CIVIC AUDITORIUM. This bill had third reading. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8112 -90 AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 3, OF THE MUNICIPAL CODE FOR THE CITY OF SOUTH BEND, ENTITLED "PUBLIC PARRS." This bill had third reading. Council Member Slavinskas made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Niezgodski. 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. 8113 -90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 COMMONLY KNOWN AS "SCHEDULE OF ORDINANCE AND CODE VIOLATIONS. This bill had third reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Voorde. The motion carried. Council Member Voorde made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8114 -90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE MUNICIPAL CODE BY THE ADDITION OF NEW ARTICLE 8 ENTITLED "OFFENSES RELATED TO THE UNLAWFUL TAKING OF RECYCLABLE MATERIALS." This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8115 -90 A BILL APPROPRIATING $75,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS901, CORBY ST. SANITARY SEWER, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of nine ayes. 0 RESOLUTION NO. 1801 -90 A RESOLUTION OF THE SOUTH BEND DESIGNATI'. OF SOUTH BEND INDIAN MICHIGAN AN ECONOMIC OF A 10 YEAR REAL PR WEED'S OF INDIANA, I WHEREAS, a petition for real property tax abatemen Clerk for consideration by the Common Council of t requesting that the area commonly known as 220 S. and which is more particularly described as follow �OMMON COUNCIL OF THE CITY OF 4G CERTAIN AREAS WITHIN THE CITY k, COMMONLY KNOWN AS 220 S. REVITALIZATION AREA FOR PURPOSE )PERTY TAX ABATEMENT FOR: DOC JC. : has been filed with the City ie City of South Bend, Indiana dichigan, South Bend, Indiana, s: PARCEL I: Lot Numbered Fifty -five (55) as shown o the Original Plat of the Town (now City) of South Bend, St. Joseph County, State of Indiana, the dimensions of said lot being 66 feet fronting on Michigan Street and 165 feet running back from Michigan Street to the East end of said lot. PARCEL II: The North one -half of Lot Numbered Fif y -four (54) as shown on the Original Plat of Town (now City) of South Bend, St. Joseph County, State of Indiana, the dimensions of said parcel being 33 fe t fronting on Michigan Street and 165 feet running back from Michigan Street to the East end of said parcel. be designated as an Economic Revitalization Area u Code 6 -1.1- 12.1 -1 et seq. and South Bend Municipal WHEREAS, the Department of Economic Development ha prepared a report with information sufficient for that the area qualifies as an Economic Revitalizat 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Co further prepared maps and plats showing the bounda regarding the area in question as required by law; ider the provisions of Indiana Code Section 2 -76 et se g., and; concluded an investigation and she Common Council to determine Lon Area under Indiana Code le section 2 -76, et seq., and ha ries and such other information and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended tp the Common Council that the area qualifies as an Economic Revitalization Areal 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 B nefits for Real Property Tax Abatement and the Statement of Benefits form compl ted by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelc reasonable for projects of this nature; B. That the estimate of the value of the redevelc reasonable for projects of this nature; C. That the estimate of the annual salaires of th employed or whose employment will be retained can from the proposed redevelopment or rehabilitation; D. That the other benefits about which informatic can be reasonably expected to result from the prop rehabilitation; and or rehabilitation is or rehabilitation is individuals who will be reasonably expected to result was requested are benefits th ed described redevelopment or E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirments 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 Stat Board of Accounts are sufficien to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby accepts threport and recommendation of t 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 EconomicRevitalization Area for purpose of real property tax abatment. SECTION V. The designation as an Economic two (2) calender years from the date of the Common Council. SECTION VI. The Common Council hereby determines qualified for and is granted property tax deducti SECTION VII. The Common Council directs the Cit adoption of this Declaratory Resolution for Real published, said publication providing notice of Common Counci on the proposed confirming of said ation Area shall be limited to of this Resolution by the at the property owner is for a period of ten (10) years to cause notice of the ty Tax Abatement to be lic hearing before the ation. 75 adoption by the Common Council and approval by the Mayor. s /Thomas Zakrzewski Member of the Common Council RESOLUTION NO. 1802 -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 117 EAST WAYNE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR CATERING BY BILLIE, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 117 East Wayne, South Bend, Indiana, and which is more particularly described as follows: A part of the Northwest Quarter of Section 12, Township 37 North, Range 2 East of the Second Principal Meridian, Portage Township, City of South Bend, Indiana being a part of Lots 50, 51, and 52 of original plat of South Bend, Indiana, more particularly described as follows: Beginning at the Intersection of westerly right -of -way line of St. Joseph Street (85' right -of -way) with the North right -of -way line of Wayne street (82.5' right -of -way); thence South 89 Degrees 38 Minutes 12 Seconds West (Bearing assumed) along the North right -of -way line of Wayne Street 148.84 feet; thence North 00 Degrees 27 Minutes 00 Seconds West, 186.00 feet; thence North 89 Degrees 39 Minutes 34 Seconds East, 165.61 feet; thence Southewsterly 186.99 feet along a segment of a curve to the right having a radius of 912.43 feet, subtended by a chord having a bearing of South 04 Degrees 42 Minutes 19 Seconds West and a length of 186.66 feet to the Point of Beginning and containing 29,835.05 square feet (0.6849 acre) more or less and is subject to easements, restrictions, limitations, and or covenants of record. 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 seq., 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 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 seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et seq., 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 reasonable 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 a 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 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 '6 to described be designated an Economic.Revitalization A#ea and hereby adopts a resolution designating this area as an Economic Revi alization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Council acknowledges that ret the attached architectural drawing which is attached A", is leased by the Redevelopment Commission to a p meets the local retail tax abatement requirements. on "Exhibit All is currently available for leasse by a private entity. Therefore, no action shall be tak addressing Retail space No. 2, until an appropriate location. SECTION VIII. The Common Council directs the C. the adoption of this Declaratory Resolution for Real published, said publication providing notice of the Common Council on the proposed confirming of said deg SECTION IX. This Resolution shall be in full fo: its adoption by the Common Council and approval by t'. Common BILLS, FIRST READING 1 space No. 1 as depicted on .ereto and labeled "Exhibit vate entity, and therefore tail Space No. 2 as depicted .e Redevelopment Commission to . on a Confirmatory Resolution ase is executed for said ty Clerk to cause notice of Property Tax Abatement to be ublic hearing before the laration. ce and effect from and after e Mayor. BILL NO. 65 -90 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY WEST OF MAIN STREET, RUNNING NORTH FROM THE NORTH LINE OF MONROE STREET TO THE SOUTH LINE OF THE 1ST EAST -WEST ALLEY NORTH OF MONROE STREET ALL IN MARTIN'S ADDITION. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing August 27, 199 seconded by Council Member Coleman. The motion carried. BILL NO. 66 -90 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY SOUTH OF WESTERN VENUE, RUNNING WEST FROM MAIN STREET, FOR A DISTANCE OF APPROXI TELY 165 FEET TO THE EAST LINE OF THE 1ST NORTH -SOUTH ALLEY WEST OF MAIN STREET, ALL IN MARTIN'S ADDITION. This bill had first reading. Council Member Puzzell¢ made a motion to set this bill for second reading and public hearing August 27 1990, seconded by Council Member Voorde. The motion carried. BILL NO. 67 -90 A BILL AMENDING THE ZONING ORDI: 1319 N. IOWA STREET IN THE CITY This bill had first reading. Council Member Voorde bill to Area Plan, seconded by Council Member Luecke BILL NO. 68 -90 A BILL AMENDING THE ZONING ORDIN, SOUTH TUXEDO DRIVE, 2325 EAST JE. JEFFERSON BOULEVARD, IN THE CITY E FOR PROPERTY LOCATED AT SOUTH BEND, INDIANA. .e a motion to refer this The motion carried. FOR PROPERTY LOCATED AT 321 .SON BOULEVARD AND 2329 EAST SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzell made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 69 -90 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1991, AND ENDING DECEMBER 31, 1991, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing on August 20, 1990 and third read ng on August 27, 1990, seconded by Council Member Puzzello. The motion car ied. BILL NO. 70 -90 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE ISCAL YEAR ENDING DECEMBER 31, 1991. This bill had first reading. Council Member Luecke ade a motion to set this bill for public hearing on August 20, 1990 and third read ng on August 27, 1990, seconded by Council Member Puzzello. The motion carried. 77 BILL NO. 71 -91 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CENTURY CENTER FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1991 AND ENDING DECEMBER 31, 1991 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TARE EFFECT. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing on August 20, 1990 and third reading on August 27, 1990, seconded by Council Member Puzzello. The motion carried. BILL NO. 72 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO VACATE THE 1ST EAST -WEST ALLEY SOUTH OF MISHAWAKA AVENUE, RUNNING EAST FROM 20TH STREET TO IRONWOOD DRIVE FOR APPROXIMATELY 565 FEET IN DUNN'S 1ST ADDITION WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Niezgodski made a motion to set this bill for second reading and public hearing September 10, 1990, seconded by Council Member Luecke. The motion carried. UNIFINISHED BUSINESS Report from Area Plan: Bill No. 56 -90 - Amend Code Floodplain Regulations Council Member Puzzello made a motion to set the above mentioned bill for second and third reading on August 27, 1990, seconded by Council Member Luecke. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Voorde. The motion carried and the meeting was adjourned at 10:10 p.m. ATTEST: City Clerk APPROVED: