HomeMy WebLinkAbout12-28-92 Council Meeting Minutes463
REGULAR MEETING
Be it remembered
Council Chambers
p.m. The meeting
ROLL CALL
SPECIAL BUSINESS
DECEMBER 28. 1992
that the Common Council of the City of South Bend met in the
of the County -City Building on Monday, December 28, 1992, at 7:00
was called to order and the Pledge to the Flag was given.
Present: Council Members Luecke, Washington, Kelly,
Puzzello, Slavinskas, Zakrzewski, Coleman and
Ladewski
Absent: Council Member Duda
Council Member Kelly made a motion to reappoint Roman Piasecki, and appoint Theo
Sharp, as Council's representatives to the South Bend Redevelopment Commission,
seconded by Council Member Coleman. The motion carried.
Council Member Kelly made a motion to reappoint Bernice Freeman to the Human Rights
Commission, seconded by Council Member Zakrzewski. The motion carried.
RESOLUTION NO. 1999 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, COMMEMORATING THE LATE EDWARD W. "MOOSE"
KRAUSE.
WHEREAS, the Common Council of the City of South Bend, Indiana, notes with
extreme sadness the passing of Edward W. "Moose" Krause on December 11, 1992 at the
age of 79 years; and
WHEREAS, he was known by many as "Mr. Notre Dame" and the gentle giant" who
always put others first before himself; and
WHEREAS, the City of South Bend proudly acknowledges that "Moose" Krause served
for 37 years as the one and only Chairman of the South Bend Recreation Commission,
beginning this service in 1955; and
WHEREAS, Moose Krause was recruited to the University of Notre Dame by Knute
Rockne in 1930, earned all- American honors in football and basketball, later coached
basketball and football at the University, and served as the University's Athletic
Director from 1948 until his retirement in 1980.
WHEREAS, the City of South Bend is indeed a better place because of the many
contributions made to it by the late Edward W. "Moore" Krause.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. On behalf of all the citizens of the City of South Bend, Indiana,
the Common Council publicly commemorates the life and legacy of Edward W. "Moose"
Krause.
SECTION II. The Common Council extends it deepest sympathy to the family of
"Moose" Krause and in particular his daughter, Mary Carrigan, his son, Rev. Edward
C. Krause, C.S.S., and his son, Philip C. Krause.
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.
/s /Stephen Luecke
Stephen Luecke, President
/s/ Sean Coleman
Sean Coleman, Vice President
/s/ Ann Puzzello
Ann Puzzello, Chairman
/s/ Cleo Washington
Cleo Washington, Member
ATTEST;
/s /Irene Gammon
Irene Gammon, City Clerk
/s/ Thomas Zakrzewski
Thomas Zakrzewski, Member
/s/ Roland Kelly
Roland Kelly, Member
/s/ Linas Slavinskas
Linas Slavinskas, Member
/s/ Loretta Duda
Loretta Duda, Member
/s/ Eugene Ladewski
Eugene Ladewski, Member
/s/ Joseph E. Kernan
Joseph Kernan, Mayor
A public hearing was held on the resolution at this time. Council Members Kelly,
Coleman and Ladewski made the presentation for the resolution. They read the
resolution and presented it to his daughter, Mary Carrington. Rev. Krause thanked
the Council for his resolution in memory of this father. Council Member Kelly made
a motion to adopt this resolution, seconded by Council Member Ladewski. The
resolution was adopted by a roll call vote of eight ayes.
A,
1
REGULAR MEETING
DECEMBER 28, 1992
Council Member Coleman made a motion to resolve into the Committee of the Whole,
seconded by Council Member Puzzello. 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 December 28, 1992 at 7:10 p.m., with eight members
present. Chairman Puzzello presiding.
BILL NO. 106 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING SECTION 1 -4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH
BEND ADDRESSING SIX COUNCILMANIC DISTRICTS.
This bill was continued from December 14, in the public hearing portion of the '
meeting. Council Member Luecke indicated the Committee of the whole had met and
accepted the redistricting map he had presented. He made a motion to accept the
substitute bill, seconded by Council Member Coleman. The motion carried. Council
Member Coleman made a motion to recommend this bill to the Council favorable, as
amended, seconded by Council Member Luecke. The motion carried.
Council Member Coleman made a motion to continue Bill Nos. 110 - 114 -92, at the
request of the petitioners. until January 25, seconded by Council Member Luecke.
The motion carried.
BILL NO. 110 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS
THEREWITH AND GENERALLY LOCATED 200 FEET EAST OF IRONWOOD ROAD
AND 1,110 FEET NORTH OF IRELAND ROAD IN PENN TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA.
BILL NO. 111 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS
THEREWITH AND GENERALLY LOCATED 800 FEET SOUTH OF JACKSON ROAD ON
THE EAST SIDE OF IRONWOOD ROAD IN PENN TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA.
BILL NO. 112 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS
THEREWITH AND GENERALLY LOCATED 600 FEET EAST OF IRONWOOD ROAD ON
THE SOUTH SIDE OF INWOOD ROAD IN PENN TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA.
BILL NO. 113 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS
THEREWITH AND GENERALLY LOCATED ON THE NORTH SIDE OF CREEKWOOD
DRIVE WITHIN THE CREEKWOOD VILLAS SUBDIVISION IN CLAY TOWNSHIP,
ST. JOSEPH COUNTY, INDIANA.
BILL NO. 114 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS
THEREWITH AND GENERALLY LOCATED ON THE EAST SIDE OF THE SOUTHERN
END OF SAMPSON DRIVE, EXTENDED, SOUTH OF GALWAY DRIVE IN CENTRE
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
BILL NO. 115 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
RESCINDING ORDINANCE NO. 8261 -92 OF THE CITY OF SOUTH BEND,
INDIANA, ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH ".
Council Member Coleman made a motion to continue this bill until January 11, at the
request of the petitioner, seconded by Council Member Luecke. The motion carried.
BILL NO. 116 -92 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS '
ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 1992.
This being the time heretofore set for public hearing on the above bill, proponents
and opponents were given an opportunity to be heard. Council Member Puzzello
reported that the Personnel & Finance Committee had met on this bill and recommended
it to the Council favorable. Ronald O'Connor, fiscal officer for the Park
Department, made the presentation for the bill. He indicated his request for
transfer was necessary to cover year end expenditures. Council Member Coleman made
a motion to recommend this bill to the Council favorable, seconded by Council Member
Ladewski. The motion carried.
BILL NO. 117 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF
THE DESIGNATED ENTERPRISE FUND OF THE CITY OF SOUTH BEND,
INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1993, AND
ENDING DECEMBER 31, 1993, INCLUDING ALL OUTSTANDING CLAIMS AND
OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT.
This being the time heretofore set for public hearing on the above bill, proponents
and opponents were given an opportunity to be heard. Council Member Puzzello
reported that the Personnel & Finance Committee had met on this bill and recommended
465
REGULAR MEETING
DECEMBER 28, 1992
it to the Council favorable. Jeff Rinard, City Auditor, made the presentation for
the bill. He indicated this bill appropriated monies for the 1993 expenses of the
Century Center. Council Member Zakrzewski made a motion to recommend this bill to
the Council favorable, seconded by Council Member Washington. The motion carried.
BILL NO. 118 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING ARTICLE 6 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE,
ENTITLED "TAX ABATEMENT PROCEDURES ".
This being the time heretofore set for public hearing on the above bill, proponents
and opponents were given an opportunity to be heard. Council Member Kelly reported
that the Human Resources Committee had met on this bill and recommended it to the
Council favorable, as amended. Council Member Luecke made a motion to amend this
bill on the second page, bottom of page, in paragraph 2 "c" by adding: Should a tax
abatement be rescinded, the annual administration fee for that abatement may be
refunded subject to any refund being prorated and reduced by any costs incurred by
the City in taking such action. ", seconded by Council Member Washington. The motion
carried. Don Inks, Economic Development, made the presentation for the bill. He
indicated this bill provides a more comprehensive fee structure for the expenses of
review and processing tax abatement petitions, as well as the administration of the
City's tax abatement program. Council Member Luecke made a motion to recommend this
bill to the Council favorable, as amended, seconded by Council Member Zakrzewski.
The motion carried.
BILL NO. 119 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
CONCERNING THE TRANSFER OF PARK PROPERTY TO THE SOUTH BEND
COMMUNITY SCHOOL CORPORATION.
This being the time heretofore set for public hearing on the above bill, proponents
and opponents were given an opportunity to be heard. Council Member Coleman
reported that the Park Committee had met on this bill and recommended it to the
Council favorable. Council Member Coleman made a motion to accept the amended bill,
seconded by Council Member Luecke. The motion carried. Richard Nussbaum, City
Attorney, made the presentation for the bill. He indicated the City was
transferring this property to the School Corporation for purposes of the new Riley
High School project. Ralph Komasinski, 1919 E. Wayne North, acting school
superintendent, spoke in favor of this bill. Gene Oakly, 2614 York, spoke against
five members of the Council attending a school board meeting. Council Member
Coleman made a motion to recommend this bill to the Council favorable, seconded by
Council Member Washington. The motion carried.
Council Member Slavinskas made a motion to reconsider and rehear Bill No. 89 -92,
seconded by Council Member Coleman. The motion carried.
BILL NO. 89 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED
"ZONING."
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 made a
motion to accept the substitute bill, seconded by Council Member Kelly. The motion
carried. Council Member Slavinskas made the presentation for the bill. He
indicated this bill was heard December 14, and the acceptance of the substitute bill
was just a house keeping measure. Council Member Coleman made a motion to recommend
this bill to the Council favorable, as amended, seconded by Council Member Luecke.
The motion carried.
Council Member Zakrzewski made a motion to rise and report to the Council, seconded
by Council Member Coleman. The motion carried.
ATTEST
City Clerk
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 7:50 p.m.
Council President Luecke presiding and eight members present.
BILLS, THIRD READING
ORDINANCE NO. 8330 -92 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING SECTION 1 -4 OF THE MUNICIPAL
CODE OF THE CITY OF SOUTH BEND ADDRESSING SIX COUNCILMANIC
DISTRICTS.
This bill had third reading. Council Member Coleman made a motion to amend the
bill, as amended in the Committee of the Whole, seconded by Council Member
Ladewski. The motion carried. Council Member Coleman made a motion to pass the
bill, as amended, seconded by Council Member Ladewski. The bill passed by a roll
call vote of six ayes and two nays (Council Members Washington and Slavinskas.)
40
REGULAR MEETING
DECEMBER 28, 1992
ORDINANCE NO. 8331 -92 THIRD READING ON A BILL TRANSFERRING MONIES FROM VARIOUS
ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE
VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE
YEAR 1992.
This bill had third reading. Council Member Coleman made a motion to pass this
bill, seconded by Council Member Washington. The bill passed by a roll call vote of
eight ayes.
ORDINANCE NO. 8332 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE
EXPENSES OF THE DESIGNATED ENTERPRISE FUND OF THE CITY OF
SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY
1, 1993, AND ENDING DECEMBER 31, 1993, INCLUDING ALL
OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN
THE SAME SHALL TAKE EFFECT.
This bill had third reading. Council Member Coleman made a motion to pass this
bill, seconded by Council Member Ladewski. The bill passed by a roll call vote of
eight ayes.
ORDINANCE NO. 8333 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING ARTICLE 6 OF CHAPTER 2 OF THE SOUTH
BEND MUNICIPAL CODE, ENTITLED "TAX ABATEMENT PROCEDURES ".
This bill had third reading. Council Member Coleman made a motion to amend the
bill, as amended in the Committee of the Whole, seconded by Council Member Kelly.
The motion carried. Council Member Coleman made a motion to pass the bill, as
amended, seconded by Council Member Ladewski. The bill passed by a roll call vote
of eight ayes.
ORDINANCE NO. 8334 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, CONCERNING THE TRANSFER OF PARK PROPERTY TO
THE SOUTH BEND COMMUNITY SCHOOL CORPORATION.
This bill had third reading. Council Member Coleman made a motion to amend the
bill, as amended in the Committee of the Whole, seconded by Council Member
Ladewski. The motion carried. Council Member Coleman made a motion to pass the
bill, as amended, seconded by Council Member Ladewski. The bill passed by a roll
call vote of eight ayes.
ORDINANCE NO. 8335 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND
MUNICIPAL CODE ENTITLED "ZONING."
This bill had third reading. Council Member Coleman made a motion to amend the
bill, as amended in the Committee of the Whole, seconded by Council Member
Zakrzewski The motion carried. Council Member Coleman made a motion to pass the
bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll
call vote of eight ayes.
RESOLUTIONS
RESOLUTION NO. 92 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, REQUESTING THE INDIANA GENERAL ASSEMBLY TO
PASS LEGISLATION ALLOWING SECOND CLASS CITIES WITHIN ST.
JOSEPH COUNTY, INDIANA, TO HAVE NINE (9) DISTRICTS FOR
COUNCIL REPRESENTATION.
A public hearing was held on the resolution at this time. Council Member Slavinskas
made the presentation for the resolution. He indicated that as a member of the
Special Redistricting Committee, and studying the various data and information
provided in the last census, it became apparent to him that nine Councilmanic
districts may be a more fair form of government for our City. In this resolution he
was asking the Indiana General Assembly to pass State legislation which would allow
second class cities within St. Joseph County to redistrict into nine separate
Council districts. Mario Sims, president of the Northwest Neighborhood Association,
spoke in favor of this resolution. He indicated at the present time there are five
Council Members living within 1.5 miles of each other. Rev. Timothy Rouse,
president of the local NAACP, asked the Council to pass a resolution for nine
districts. Lee Brummett, 1129 Diamond, asked how many second class cities there
were in Indiana. Council Member Coleman made a motion to continue bill until
February 8, and refer it to the Committee of the Whole, seconded by Council Member
Zakrzewski. The motion carried.
RESOLUTION NO. 2000 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA COMMONLY KNOWN AS 502 SOUTH FELLOWS
AND 423 EAST SOUTH STREET TO BE AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR
REAL PROPERTY TAX ABATEMENT FOR MONROE PARK APARTMENTS,
L.P.
WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a
Declaratory Resolution designating certain areas within the City as Economic
REGULAR MEETING DECEMBER 28, 1992
Revitalization Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 502
South Fellows and 423 East South and which is more particularly described as
follows:
A PARCEL OF LAND IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 12,
TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, IN THE CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA, BEING LOTS 2, 3, AND 4 OF JODSON'S SUBDIVISION AS
RECORDED IN BOOK 3, PAGE 12 AT THE ST. JOSEPH COUNTY RECORDER'S OFFICE IN SOUTH
BEND, INDIANA.
A PARCEL OF LAND IN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 12,
TOWNSHIP 37 NORTH RANGE 2 EAST, PORTAGE TOWNSHIP, IN THE CITY OF SOUTH BEND, ST.
JOSEPH COUNTY, INDIANA, BEING LOTS 2, 3, 4, 5, 6, 7, 15, 16 AND 17, OF JOHN
_ RUSH'S 1ST ADDITION AS RECORDED IN BOOK 2, PAGE 53 AT THE ST. JOSEPH COUNTY
RECORDER'S OFFICE IN SOUTH BEND, INDIANA.
with said real estate having the following Key No. 18 3030 AND 18 -3027, 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, and further determines that the petition complies with Chapter 2, Article 6,
of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq.
Section III. This Resolution shall be in full force and effect from and after
its adoption by the Common Council and approval by the Mayor.
/s/ Stephen Luecke
Member of the Common Council
A public hearing was held on the resolution at this time. Thomas McCalley, general
partner, made the presentation. He indicated that 100% of the units will be leased
to those families whose income is under 60% of the area median income. He indicated
this would be a 57 unit apartment complex. Council Member Coleman made a motion to
adopt this resolution, seconded by Council Member Washington. The resolution was
adopted by a roll call vote of eight ayes.
RESOLUTION NO. 2001 -92 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 1142 S. MAIN STREET AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL
PROPERTY TAX ABATEMENT FOR POLICEMEN'S CREDIT UNION.
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 1142 S. Main, South Bend,
Indiana, and which is more particularly described as follows:
That part of the Northwest Quarter of Section 13, Township 37 North, Range 2
East, Portage Township, City of South Bend, St. Joseph County, Indiana, which is
described as: Lots H, I, IK. L and M of the recorded Plat of Stull's Third
Addition to the City of South Bend as shown in Plat Book 46, on Page #109 in the
records of the St. Joseph County, Indiana Recorder's Office and being more
particularly described as: Beginning at the southwest Corner of Lot M of the
recorded Plat of Stull's Third Addition to the City of South Bend as shown in
Plat Book 46, Page #109 in the records of the St. Joseph County, Indiana
Recorder's Office said point also being the intersection of the east
right -of -way line of Main Street and the north right -of -way line of Stull
Street; thence N. OOo23' 38" W. along said east line, 198.25 feet (Record,
198.0 feet) to the northwest corner of Lot H in said Subdvision; thence N. 890
21' 44" E. along the north line of said Lot, 165.85 feet. (Record, 165.75 feet)
to the west right -of -way line of a 14 ft. public alley and the northeast corner
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REGULAR MEETING
DECEMBER 28, 1992
of said Lot; thence S. 00o 30' 02" E. along said west line 198.37 feet (198.0
feet to the north right -of -way line of Stull Street and the southeast corner of
said Lot M; thence S. 8090 24' 32" W. along said north right -of -way line,
166.20 feet (Record, 165.75 feet) to the Point of Beginning. Containing 0.7758
acres or 32,923 square feet.
and which has Key Number 18 8004 0191; 18
8004 0198; 18 -8004 0199; 18 8004 0200, be
Area under the provisions of Indiana Code
Municipal Code Sections 2 -76 et seq. and;
8004 0193; 18 8004 0195; 18 8004 0197; 18
designated as an Economic Revitalization
6 -1.1- 12.1 -1 et seq., and South Bend
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:
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 description of the proposed redevelopment or rehabilitation meets
the applicable standards for such development.
B. That the estimate of the value of the redevelopment or rehabilitation is
reasonable for projects of this nature;
C. That the estimate of the number of individuals who will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result
from the proposed described redevelopment of rehabilitation:
D. 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;
E. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described redevelopment
or rehabilitation; and
F. That the totality of benefits is sufficient to justify the 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.
/s/ Stephen Luecke
Member of the Common Council
REGULAR MEETING DECEMBER 28, 1992
A public hearing was held on the resolution at this time. George Herendeen,
attorney, made the presentation. He indicated the Policemen's Credit Union was
being forced to move from their present location. He indicated they were requesting
tax abatement for their new location. Council Member Coleman made a motion to adopt
this resolution, seconded by Council Member Slavinskas. The resolution was adopted
by a roll call vote of eight ayes.
BILLS, FIRST READING
BILL NO. 120 -92
A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND,
INDIANA, CERTAIN LAND IN PENN TOWNSHIP CONTIGUOUS THEREWITH;
NORTHEAST CORNER OF IRONWOOD ROAD AND KILLINGTON WAY.
This bill had first reading. Council Member Coleman made a motion to set this bill
for public hearing and third reading on January 11, 1993, and refer it to the Zoning
and Vacation Committee, seconded by Council Member Ladewski. The motion carried.
BILL NO. 121 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING ARTICLE 4 OF CHAPTER 4 OF THE MUNICIPAL CODE RELATING TO
REQUIRED VEHICLE EQUIPMENT FOR THE SAFETY OF TAXICAB DRIVERS.
This bill had first reading. Council Member Coleman made a motion to set this bill
for public hearing and third reading on January 11, 1993, and refer it to the Public
Safety Committee, seconded by Council Member Ladewski. The motion carried.
PRIVILEGE OF THE FLOOR
James Cierzniak, 1156 E. Victoria, spoke against the football hall of fame.
UNFINISHED BUSINESS
Council Member Coleman made a motion to set Bill Nos. 98 & 90 -92 for public hearing
January 11 and refer it to the Zoning and Vacation Committee, seconded by Council
Member Zakrzewski. 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
Ladewski. The motion carried and the meeting was adjourned at 8:40 p.m.
ATTEST:
L -
City Clerk
ATTEST:
Presiden
1 all