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HomeMy WebLinkAbout04-22-91 Council Meeting Minutes186 REGULAR MEETING APRIL 22, 1991 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 22, 1991, 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, Duda, Coleman 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 April 8, 1991 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Tom Zakrzewski /s /Don Niezgodski Council Member Coleman made a motion that the minutes of the April 8, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1857 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND COMMENDING THE FIRST UNITED METHODIST CHURCH ON THEIR 160TH ANNIVERSARY WHEREAS, the Common Council of the City of South Bend, Indiana, acknowledges that on April 14, 1991, First United Methodist Church celebrated its 160th anniversary; and WHEREAS, South Bend's oldest church began as a "little frame church" which opened its doors at Main and LaSalle in 1831; and WHEREAS, the early history of South Bend is interwoven with the early history of First United Methodist Church. Epworth Memorial Hospital was founded by the Church women; the first community library was also started in First Church, and the first Court cases were heard in the Church before the building of South Bend's first Court house. WHEREAS, over the years, First United Methodist Church has been very active in community outreach activities include providing day care services, a soup kitchen, the upper room for recovering alcoholics and drug abusers, providing English as a second language program, being a part of the Budget Corner which sells clothing with the proceeds going to local and international mission work, and has begun an ecology task force; and WHEREAS, the outreach programs have been described as 'reflecting the soul of the congregational and the depth of their caring." 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, hereby commends and congratulates the past and present Clergy members and the congregation of the First United Methodist Church as it celebrates 11160 years on Main Street." SECTION II. The Council notes with pride the words of Rev. Allan Byrne that "the Church as always been the center of the City's events. It has met the needs of the City and at times has been the conscience of the City. It is truly a metropolitan church." SECTION III. This resolution shall be in full force and effect from and after it adoption by the Common Council and approval by the Mayor. Stephen Luecke, First District Donald Niezgodski, Second District William Soderberg, Third District Ann Puzzello, Fourth District Linas Slavinskas, Fifth District Thomas Zakrzewski, Sixth District Sean Coleman, At -Large Loretta Duda, At -Large 187 REGULAR MEETING 4,-, /� &, Irene K. Gammon, City Clerk APRIL 22, 1991 Eugene Ladewski, At -Large Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Members Soderberg and Duda made the presentation for the resolution. Pastor Burn gave a brief history of the church. Council Member Luecke 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. 1858 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING RESOLUTION NO. 1681 -88 WHICH DESIGNATED 113 EAST WAYNE STREET AS ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT WHEREAS, adopted Resolution No. 1681 -88 which designated the property commonly known as 113 East Wayne Street as an Economic Revitalization Area; and WHEREAS, the Human Resources and Economic Development Committee at the Common Council recommended to the Council that no formal action be taken on the Confirmatory Resolution until the petitioner had a leasehold tenant for the property in question; and WHEREAS, the Human Resources and Economic Development Committee has been advised that there is now a leasehold tenant for the property and that the term of the Real Property Tax Abatement can now be determined; and WHEREAS, in Resolution No. 1681 -88, Section V provided that the Economic Revitalization Area be limited two (2) calendar years from the date of adoption of this Resolution; and WHEREAS, from the date of adoption of Resolution No. 1681 -88, the petitioner has been diligently attempting to lease the property in question, and has now fulfilled the requirements set down by the Common Council; and WHEREAS, an amendment to Resolution No. 1681 -88 is now in order. NOW, THEREFORE, BE IT RESOLVED, BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council hereby formally amends Resolution No. 1681 -88 Section V to read as follows: SECTION II. The Common Council hereby reaffirms all other Sections and provision of Resolution No. 1681 -88. SECTION III. This Resolution shall be in full force and effect form and after its adoption by the Common Council and approval by the Mayor. Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke made the presentation for the resolution. He reported the Human Resources committee had met on the resolution and recommended it favorable. He indicated this resolution amended a resolution passed over two years ago designating a portion of the Penny's Building as a revitalization area, however, the use of the building was not know at that time and the abatement was continued. He indicted the owners have now signed a tenant. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Soderberg made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. The motion carried COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on April 22, 1991 at 7:18 p.m., with nine members present. Chairman Duda presiding. BILL NO. 21 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED CONTRACTORS REGISTRATION REQUIREMENTS. This being the time heretofore set for public hearing on the above bill proponents 188 REGULAR MEETING APRIL 22, 1991 and opponents were given an opportunity to be heard. The Public Works Committee and the Residential Neighborhood Committee met on this bill and referred it to the Council with no recommendation Council Member Duda made the presentation for the bill. She indicated the basic intent of this bill was protection for the homeowner and the workers. She indicated the bill excluded handymen and owners of the property She indicated a lot of effort has been made to alleviate a lot of concern regarding "fly by night contractors." She indicated she would continue working on this bill in the hope of making it a stronger ordinance. Council Member Zakrzewski made a motion that public hearing by limited to a maximum of 30 minutes in favor and 30 minutes opposed, with each speaker given a maximum of 3 minutes each, seconded by Council Member Coleman. The motion carried. Joseph Simeri, attorney representing the Building Contractors Trades Council, indicated this bill should be acted upon with dispatch. Lance Clark, attorney, spoke in favor of the bill; Rockie Geans, President of LL Geans, indicated he was in favor of the bill, but he had some reservations; Joseph Oletti, 501 N. Ironwood, spoke in favor of the bill; Dennis Grimmlehorn, 1219 Kaley, spoke in favor; Al Stevens, 944 Orland, spoke in favor; Lolita Anastasio, 55479 Hollywood, spoke in favor. Thomas Burnett, 1216 King St., spoke in opposition; Rockie Geans, spoke about the definition of licensing and regulating. Council Member Luecke made a motion to continue public hearing on this bill indefinitely, seconded by Council Member Zakrzewski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Soderberg made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: ATTEST: L L City Clerk air an REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:55 p.m. Council President Niezgodski presiding and nine members present. RESOLUTIONS RESOLUTION 9126 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 113 EAST WAYNE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A YEAR REAL PROPERTY TAX ABATEMENT Council Member Luecke made a motion to continue public hearing on this bill until May 20, 1991, seconded by Council Member Coleman. The motion carried. Council Member Luecke made a motion to combine public hearing on the next two resolutions, seconded by Council Member Slavinskas. The motion carried. RESOLUTION NO. 1859 -91 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 (4622 BURNETT DRIVE SOUTH, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF 3 (three) YEARS REAL PROPERTY TAX ABATEMENT FOR Sm.Or. CASES, 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 4622 Burnett Drive South, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Seven A (7A) as shown on the recorded Plat of Burnett Industrial Park Replat, recorded July 10, 1990 in the Office of the Recorder of St. Joseph County, Indiana, as Revitalization Area under the provision of Indiana Code 6 -1.1- 12.1 -1 et seq., 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: 189 A. That the estimate of the value of the redevelopment or rehabilitation is . la 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 of 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 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 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 purposed of real property tax abatement. Section V. The designation as an Economic Revitalization area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. Section VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of Three (3) years. Section VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, 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. Donald Niezqodski Member of the Common Council RESOLUTION NO. 1860 -91 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 (4622 BURNETT DRIVE SOUTH, AND ECONOMIC REVITALIZATION AREA FOR PURPOSES OF 5 (FIVE) YEARS PERSONAL PROPERTY TAX ABATEMENT FOR Sm. Or. CASES, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 4622 Burnett Drive, South Bend, Indiana, which is more particularly described as follows: Lot numbered Seven A (7A) as shown on the recorded Plat of Burnett Industrial Park Replat, recorded July 10, 1990 in the Office of the Recorder of St. Joseph County, Indiana, as Revitalization Area under the provision of Indiana Code 6 -1.1- 12.1 -1 et seq., 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 be designated as a 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 seg; 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 seq., and South Bend Municipal Code Sections 2 -76 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1,90 (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (c) 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 installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement consideration and that the Statement of Benefits Form completed by the Petitioner, said form being prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. rw-,,,C� Memb the Common Council A public hearing was held on the resolut ns at this time. James Watts, a representative of Sm. Or. Cases, made the presentation for the resolution. He indicated they proposed to move their operation into a new building they planned to construct. He indicated five new jobs will be created. Council Member Luecke made a motion to adopt resolution 91 -28, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt resolution 91 -29, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt resolution 91 -30, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1861 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS 4 -H FAIRGROUNDS, SOUTH BEND JUNIOR LEAGUE WHEREAS, Indiana Code, 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code, 5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval: and WHEREAS, the Common Council has a period of thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council, in which to take formal action; and WHEREAS, if it approves a Petition, the Common Council, must make the determination in writing as required by Indiana Code, 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that it grant an exception to allow a Thrift Shop NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 19 t REGULAR MEETING APRIL 22, 1991 Section I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code, 5- 14- 1.5 -5. Section II. Following presentation by the Petitioner, and proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, Appeal No. 3593, a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of identification as Exhibit A. Section III. The Common Council finds that: (1) The approval will not be injurious to the public health, safety morals, and general welfare of the community; (2) The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; (3) The need for the special exception arises from some conditions peculiar to the property involved; (4) The strict application of the terms of the Zoning Ordinance will constitute and unnecessary hardship if applied to the property for which the special exception is sought; and (5) The approval does not interfere substantially with the comprehensive plan adopted by the City. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are attached hereto and incorporated herein and marked for purposes of identification as Exhibit B. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Nancy Goodhew, Chairman of the 61st annual Thrift Shop made the presentation. She indicated the Junior League holds this affair once a year and the profits are given to local charities. Council Member Slavinskas 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. 1862 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS 4 -H FAIRGROUNDS, SUNRISE PROMOTIONS WHEREAS, Indiana Code, 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code, 5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval: and WHEREAS, the Common Council has a period of thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council, in which to take formal action; and WHEREAS, if it approves a Petition, the Common Council, must make the determination in writing as required by Indiana Code, 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that it grant an exception to allow an Antique Show NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code, 5- 14- 1.5 -5. Section II. Following presentation by the Petitioner, and proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, Appeal No. 3591, a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of identification as Exhibit A. Section III. The Common Council finds that: (1) The approval will not be injurious to the public health, safety morals, and general welfare of the community; (2) The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; (3) The need for the special exception arises from some conditions peculiar to the property involved; (4) The strict application of the terms of the Zoning Ordinance will constitute and unnecessary hardship if applied to the property for which the special exception is sought; and (5) The approval does not interfere substantially with the 1 1 REGULAR MEETING comprehensive plan adopted by the City. Section IV. Approval is subject to the Petitioner reasonable conditions established by the Board of are attached hereto and incorporated herein and ma identification as Exhibit B. Section V. This Resolution shall be in full force after its adoption by the Common Council and appro APRIL 22, 1991 ing with the Appeals which r purposes of effect from and by the Mayor. A public hearing was held on the resolution at this time. David Merkin, 115 S. Lafayette made the presentation for the resolution. Be i dicated this affair was in its 12th year at the fairgrounds. He said they hold thre shows a year. Council Member Soderberg made a motion to adopt this resolution, econded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1863 -91 A RESOLUTION OF THE COMMON COUNCI OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITI N OF THE SOUTH BEND BOARD OF ZONING APPEALS 4 -H FAIRGROUNDS ST. JOSEPH COUNTY SHERIFF'S POSSE WHEREAS, Indiana Code, 36 -7 -4 -918.6 pursuant to Indiana Code, 5- 14 -1.5 -5 of Board of Zoning Appeals for approval or WHEREAS, the Common Council has a p, Zoning Appeals makes its recommendation action; and requires the Comm )n Council to give notice its intention to onsider Petitions from the disapproval: and ariod of thirty (3 )) days after the Board of to the Council, A which to take formal WHEREAS, if it approves a Petition, the Comm on Counci , must make the determination in writing as required by Indiana Code, 36- -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has r commended favorably that it grant an exception to allow a Rodeo NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL �F THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code, 5- 14- 1.5 -5. Section II. Following presentation by the Petitioner and proper public hearing, the Common Council hereby approves the Petition f the South Bend Board of Zoning Appeals, Appeal No. 3592, a copy of which is attac ed hereto and incorporated herein by reference, and marked for purposes of identific tion as Exhibit A. Section III. The Common Council finds that: (1) The approval will not be injurious to the public morals, and general welfare of the community; (2) The use and value of the area adjacent to the pr in the special exception will not be affected in a su manner; (3) The need for the special exception arises from s peculiar to the property involved; (4) The strict application of the terms of the Zonin will constitute and unnecessary hardship if applied t for which the special exception is sought; and (5) The approval does not interfere substantially wi comprehensive plan adopted by the City. Section IV. Approval is subject to the Petitioner reasonable conditions established by the Board of are attached hereto and incorporated herein and ma identification as Exhibit B. health, safety perty included stantially adverse me conditions ordinance the property h the plying with the ng Appeals which for purposes of Section V. This Resolution shall be in full force anj effect from and after its adoption by the Common Council and approval by the Mayor. A public hearing was held on the resolution at this time. Thomas Rinell, 3808 Carroll, made the presentation for the resolution. He in icated the Sheriff's Posse holds this rodeo at the fairgrounds annually. Council Me er Slavinskas made a motion to adopt this resolution, seconded by Council Memb r Ladewski. The resolution was adopted by a roll call vote of nine ayes. j1 19 REGULAR MEETING APRIL 22, 1991 RESOLUTION NO. 1864 -91 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 22255 West Cleveland Road TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR AE PISTON PRODUCTS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 22255 West Cleveland Road and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, 2nd P.M. St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the East -West Half section line of said East Half North 88 degrees 53 minutes 36 seconds East 915.58 feet from the center of said Section 21; thence North 0 degrees 56 minutes 57 seconds West 338.80 feet; thence North 88 degrees 53 minutes 36 seconds East, parallel with the East -West half section line of said Section, 800.00 feet; thence South 0 degrees 56 minutes 57 seconds East 1726.13 feet; thence northwesterly 550.14 feet along an arc to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of North 54 degrees 36 minutes 59 seconds West and a distance of 549.80 feet; thence North 51 degrees 05 minutes 08 seconds West 465.22 feet; thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East -West half section line of said East half the point of beginning, and containing 26.203 acres, more or less. 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 the for purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sec . 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. Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Earl Huff, Controller, made the presentation for the resolution. He indicated they were expanding their business and 29 new jobs will be created. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 26 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FROM THE MORRIS CIVIC CAPITAL IMPROVEMENT FUND. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing and second reading May 20, seconded by Council Member Luecke. The motion carried. 194. REGULAR MEETING APRIL 22, 1991 BILL NO. 27 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FROM THE STANLEf COVELESRI REGIONAL STADIUM FUND. This bill had first reading. Council Member Puzzello m� bill to the Personnel & Finance Committee and set it fo: reading May 20, seconded by Council Member Luecke. The BILL NO. 28 -91 A BILL OF THE COMMON COUNCIL OF THE AMENDING CHAPTER 20 OF THE SOUTH BEN "VEHICLES AND TRAFFIC ". This bill had first reading. Council Member Puzzello bill to the Public Safety Committee and set it for pu May 20, seconded by Council Member Duda. The motion UNFINISHED BUSINESS Council Member Slavinskas made a motion to set Bill hearing and second reading May 20, and refer them to Committee, seconded by Council Member Coleman. The The next Council meeting will be May 20 at 7:00 p.m. PRIVILEGE OF THE FLOOR Allen White, 1454 Catherwood, spoke regarding the bias South Bend Human Rights Commission. There being no further business to come before the Cou Council Member Soderberg made a motion to adjourn, sec Coleman. The motion carried and the meeting was adjou ATTEST: APPROVED: City Clerk resid de a motion to refer this public hearing and second motion carried. ITY OF SOUTH BEND, INDIANA, MUNICIPAL CODE ENTITLED a motion to refer this hearing and second reading 16, 17, 18 -91 for public Zoning and Vacation n carried. of a case before the unfinished or new, by Council Member at 8:12 p.m.