Loading...
HomeMy WebLinkAbout05-09-88 Council Meeting MinutesREGULAR MEETING MAY 9, 1988 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, Monday, May 9, 1988, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Voorde Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the April 25, 1988 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Voorde made a motion that the minutes of the April 25, 1988, meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Council Member Duda made an announcement to appoint Pamela Calmus- Brunette, as a citizen member to the Residential Neighborhood Committee. RESOLUTION NO. 1601 -88 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL RECOGNIZING WEDNESDAY, MAY, 18, 1988 AS TRANSIT APPRECIATION DAY. WHEREAS, public transportation is vital to the growth and continued economic, social and environmental well -being of the City of South Bend in that it is the principal tool available to city government to combat urban traffic congestion and the resulting degradation of this city's air quality; WHEREAS, public transportation provides an efficient form of mobility for the "transportation dependent" of society - - the poor, the young, the disabled, and the elderly; WHEREAS, federal financial support for transit has been reduced by over thirty percent in the last four years; WHEREAS, this retreat on the part of the federal government may result in higher fares and reduced service unless halted; WHEREAS, a successful counter - attack to combat the loss of federal funds will require the active support of all citizens of our cities; WHEREAS, The National League of Cities has declared Wednesday, May 18, 1988 as National Transit Appreciation Day and has called upon all cities to join in a national mobilization to highlight for all citizens the vital role that transit plays in the life of cities. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: RN REGULAR MEETING MAY 9, 1988 SECTION I. The Common Council of the City of South Bend, Indiana, publicly recognizes the integral role which public transportation plays in the economic, social and environmental well -being of our City. SECTION II. The Common Council hereby declares Wednesday, May 18, 1988, as "TRANSIT APPRECIATION DAY" and calls upon the citizens of South Bend, Indiana, to recognize the vital role of transit in our City. 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/ John Voorde Member of the Common Council - A public hearing was held on the resolution at this time. Council Member Duda read the resolution at this time. She indicated that the entire Council is in favor of this resolution. Emil Reznik, President, Transpo, spoke in favor of the resolution. He indicated that public transportation is a vital role in the economic well -being of South Bend, and urged the Council's favorable adoption. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to suspend the rules and have public hearing on the following resolution, seconded by Council Member Luecke. The motion carried on a roll call vote of nine ayes. RESOLUTION 1602 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DESIGNATING THE NAVARRE CABIN, IN LEEPER PARK AN HONORARY LOCAL HISTORIC LANDMARK. WHEREAS, in conjunction with Hoosier Celebration 188, a statewide celebration of our pride in the rich heritage of our State, the cities, towns, the Historic Preservation Commission of South Bend and St. Joseph County are recognizing the historic importance of the Navarre Cabin; WHEREAS, Pierre Navarre, a representative of the American Fur Trading Company, was the first person of European heritage to permanently settle in St. Joseph County; WHEREAS, the Navarre Cabin, the first home in St. Joseph County which still exists, was built in 1820 on the north bank of the St. Joseph River near what is now known as 123 North Shore Drive in Navarre Place in South Bend; WHEREAS, it is most appropriate that as we welcome "Back Home Again" our family and friends, employers and employees, and all others who may at one time or another have have lived in our towns, cities, state, that we recognize the cabin and those settlers who first chose to make South Bend their home; WHEREAS, the Common Council joins the many other civic and governmental organizations in celebrating local Hoosier Celebration 188 and declares Navarre Cabin an "Honorary Local Historic Landmark;" and WHEREAS, all citizens of south Bend are encouraged to join in the local Hoosier Celebration 188 activities as we recognize our own Hoosier heritage and pride. NOW, THEREFORE, BE IT RESOLVED 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 designates the Navarre Cabin, located in Leeper Park, as an "honorary Local Historic Landmark." SECTION II. The Council urges all citizens of South Bend to take part in the local Hoosier Celebration 188 activities and to attend the public plaquing ceremony in Leeper Park on May 11, 1988. 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 /John Voorde Member of the Common Council —_ A public hearing was held on the resolution at this time. Brian Poland, Historic Preservation Commission read the resolution. Council Member Niezgodski made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. 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 Monday, May 9, 1988, at 7:00 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 18 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LOCUST RD. & PRAIRIE AV. 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, REGULAR MEETING MAY 9, 1988 the staff report, which was favorable. Council Member Puzzello made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Mike Danch, Pierce & Associates made the presentation on the bill. He indicated that the petitioners are requesting a zone change from "C" Commercial, "A" Height and Area to "A" Residential, "A" Height and Area for single - family dwelling purposes. He stated that the total site to be rezoned is 33,585 square feet. Council Member Voorde made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 26 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY WEST OF WILLIAM STREET, EXTENDING NORTH FROM THE NORTH LINE OF WESTERN AVENUE TO THE SOUTH LINE OF THE FIRST INTERSECTING EAST /WEST ALLEY NORTH OF WESTERN AVENUE, BEING IN WILLIAM S. VAIL'S ADDITION TO THE TOWN (NOW CITY) OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. 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, Council Attorney read into the record that this bill should be amended as follows: Current Section V, should be renumbered Section VI, and a new Section V, should read as follows: This vacation is subject to the requirements of the Engineering Department for dedication of right -of -way for an adequate turning radius. Council Member Slavinskas, Chairman of the Zoning & Vacation Committee stated that his committee had met on this bill and recommended it to the Council favorably. Brian Sauers, Attorney, Barnes & Thornburg made the presentation on the bill. He indicated that he is representing GMS Realty, South Bend Gates and Gates Toyota. Mr. William C. Gates, GMS Realty, read into the record a letter addressed to the Common Council and reads as follows: Regarding Bill No. 26 -88, a bill to vacate the first north -south alley west of Williams Street, GMS Realty will assume responsibility of moving the utility pole and fence on the northeast corner of the alley. Joe Guentert, 3510 Corby, spoke in favor of the bill. Council Member Voorde made a motion to the recommend this bill to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 22 -88 A BILL APPROPRIATING $6,712.86 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8701, TRAFFIC SIGNAL BENDIX DR. AND SUGAR MAPLE LANE, WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski, Chairman of the Public Works Committee, stated that his committee had met regarding this bill and recommends it to the Council favorably. John Leszczynski, City Engineer, made the presentation on this bill. He indicated that the additional funds are needed to pay for the cost of this project. Council Member Coleman made a motion to recommend this bill to the Council favorably, seconded by Council Member Slavinskas. The motion carried. BILL NO. 23 -88 A BILL APPROPRIATING $260,000 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8705, LOGAN STREET WIDENING, MCKINLEY TO EDISON, WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Voorde made a motion to amend this bill, seconded by Council Member Coleman. The motion carried. Tom Zakrzewski, Chairman, Public Works Committee stated that his committee met on this bill and recommend it to the Council favorably. John Leszczynski, City Engineer, made the presentation on the bill. He indicated that the project cost was reduced due to construction. Council Member Voorde made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 24 -88 A BILL APPROPRIATING $72,750.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8706, EDISON WIDENING, FROM CRESTWOOD TO HICKORY WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Tom Zakrzewski, Chairman, Public Works Committee stated that his committee met on this bill and recommend it to the Council favorably. John Leszczynski, City Engineer, made the presentation on the bill. Joe Guentert, 3510 Corby Blvd., spoke opposed to the bill. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. BILL NO. 25 -88 A BILL APPROPRIATING $100,257.74 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8801, RAILROAD CROSSING IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Tom Zakrzewski, Chairman, Public Works Committee stated that his committee met on the bill and recommend it to the Council favorably. John Leszczynski, City Engineer made the presentation on the bill. Joe Guentert, 3510 Corby, spoke in favor of the bill. Council Member Soderberg made a motion to recommend the bill to the Council favorably, seconded by Council Member Coleman. The motion carried. MR REGULAR MEETING MAY 9, 1988 BILL NO. 29 -88 A BILL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A LEASE FOR THE STANLEY COVELESKI REGIONAL STADIUM BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION. Council Member Luecke made a motion to suspend the rules and have public hearing on this bill, seconded by Council Member Coleman. The motion carried by a roll call vote of nine ayes. Proponents and opponents were given an opportunity to be heard. Richard Nussbaum, City Attorney made the presentation on this bill. He indicated that the suspension of rules on this bill is necessary to expedite the process of the refinancing on the lease of the Coveleski Regional Baseball Stadium. He indicated that if the refinancing plan is approved by the State Board of Tax Commissioners the city could save a minimum of $30,000 a year, or about $250,000 over the 8 1/2 year life of the stadium mortgage. Joe Guentert, 3510 Corby Blvd., spoke in favor of the bill. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried by a roll call vote of nine ayes. There being no further business to come before the Committee of the Whole, Council Member Puzzello made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of Council Chambers on the fourth floor of the Council President Voorde presiding and nine BILLS, THIRD READING Chairman the City of South Bend reconvened in the County -City Building at 7:45 p.m. members present. ORDINANCE NO. 7867 -88 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LOCUST RD. & PRAIRIE AV. 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 Coleman . The motion carried. Council Member Coleman made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7868 -88 A ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY WEST OF WILLIAM STREET, EXTENDING NORTH FROM THE NORTH LINE OF WESTERN AVENUE TO THE SOUTH LINE OF THE FIRST INTERSECTING EAST /WEST ALLEY NORTH OF WESTERN AVENUE, BEING IN WILLIAM S. VAIL'S ADDITION TO THE TOWN (NOW CITY) OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had third reading. Council Member Niezgodski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Slavinskas. The motion carried. Council Member Slavinskas made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7869 -88 A ORDINANCE APPROPRIATING $6,712.86 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8701, TRAFFIC SIGNAL BENDIX DR. AND SUGAR MAPLE LANE, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7870 -88 A ORDINANCE APPROPRIATING $260,000 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8705, LOGAN STREET WIDENING, MCKINLEY TO EDISON, WITHIN THE LOCAL ROAD AND STREET FUND. 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 Zakrzewski. The motion carried. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7871 -88 A ORDINANCE APPROPRIATING $72,750.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8706, EDISON WIDENING, FROM CRESTWOOD TO HICKORY WITHIN THE LOCAL ROAD AND STREET FUND. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING MAY 9, 1988 ORDINANCE NO. 7872 -88 AN ORDINANCE APPROPRIATING $100,257.74 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8801, RAILROAD CROSSING IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7873 -88 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA APPROVING A LEASE FOR THE STANLEY COVELESKI REGIONAL STADIUM BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION. This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1603 -88 A RESOLUTION CLOSING VARIOUS PROJECTS WITHIN THE LOCAL ROAD AND STREET FUND. STATEMENT OF PURPOSE AND INTENT: WHEREAS, the City of South Bend through the Department of Public Works has completed several projects within the Local Road and Street Fund. It has been determined that monies previously appropriated for these projects were higher than necessary. Deductions in appropriations must be made to close out the completed projects. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Appropriations for the following projects are hereby decreased for the purpose of closing out said projects. PROJECT NO. PROJECT TITLE AMOUNT R &S Colfax Avenue Bridge $40,522.81 R &S Paving Improvements 18.70 R &S Paving Improvements 31,513.93 R &S Traffic Signal at Bendix Dr. and Sugar Maple Lane -0- R&S Paving Improvements 806.03 Total Reduction $72,861.47 SECTION II. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. John Voorde A public hearing was held on the resolution at this time. John Leszczynski, City Engineer, indicated that the proposed resolution is to close out various projects within the Local Road and Street Fund. Council Member Puzzello 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 1604 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS EAST LASALLE AND EAST RACEWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, the Common Council of the City of South Bend 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 East LaSalle and East Raceway and which is more particularly described as follows: A resubdivision of Lots 11 through 21 and Lots 23 through 29, inclusive, along with part of Lot 22 in Miller and Green's second addition, and Lots 10 through 12, inclusive, in the original plot to the Town of Lowell, along and together with vacated streets and alleys and parcels adjacent thereto in the City of South Bend, Portage Township, St. Joseph County, Indiana, 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 -25; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections form interested persons; and WHEREAS, the Council has determined that the qualifications for an economic tal;rzatinn area have hp-nn met. REGULAR MEETING MAY 9, 1988 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That 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 for the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. That the Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of ten (10) years. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Jon Hunt, Director Economic Development, indicated that Can - American Realty Corp., of Minneapolis, developers of the proposed 204 -unit apartment complex, have made the decision to proceed with financing arrangements for the project. He also stated that if Can - American can meet a mid -July deadline for completing its financial arrangements, construction on the apartments could begin in September. Joe Guentert, 3510 Corby Blvd., spoke opposed to the resolution. He indicated that the project could be built without tax abatement if South Bend taxes were not as high as other areas. Jim Cronk, 702 E. LaSalle, spoke opposed to the bill. He indicated that the land in question should be used for office buildings. 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 9 ayes. RESOLUTION NO. 1605 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2302, 2304, 2306 WESTERN AV. AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 2302 Western Av., 2304 Western Av., and 2306 Western Av., South Bend, IN 46619, and which is more particularly described as follows: Lots Numbered Three Hundred Sixty -five (365), Three Hundred Sixty -six (366) and Three Hundred Sixty -seven (367) in Summit Place Second Addition to the City of South Bend, in St. Joseph County, Indiana. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Section 2 -76: WHEREAS, The Department of Economic Development has concluded an investigation 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 of I.C. 6- 1.1- 12.1 -1 et seq., and South Bend Municipal Code Section 2 -76. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably by expected to result form 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 the benefits identified in the State of Benefits set forth as Sections I through IV of the Petition for Real Pronertv Tax Abatement CnnciAaratinn_ anti that tha nmmnlataA ME REGULAR MEETING MAY 9, 1988 Statement of Benefits for prescribed by the State Board of Tax Commissioner's are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described by designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to the two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6) years. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Ken Fedder, attorney for the petitioner made the presentation on the resolution. He indicated that the owner plans to use three lots located next to his business at 2302, 2304 and 2306 Western Av. as the site of a new automobile repair facility. Council Member Luecke made a motion to amend this resolution, seconded by Council Member Zakrzewski. The motion carried. Council Member Luecke made a motion to adopt this resolution as amended, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of 9 ayes. 88 -24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATI] CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 614 N. MICHIGAN ST., SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. Council Member Luecke made a motion to continue this resolution to the next meeting on May 23, 1988, at the request of the petitioner, seconded by Council Member Puzzello. The motion carried. RESOLUTION 1606 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2810 FOUNDATION DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT. 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 2810 Foundation Dr. South Bend, Indiana, and which is more particularly described as follows: A part of Section 28, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the northeast corner of the Southeast Quarter of Section 28; thence South 89 degrees 58' 56" West a distance of 2294.41 feet along the north line of said quarter section to the point of beginning; thence South 0 degrees 00' 47" West a distance of 247.17 feet; thence South 89 degrees 582 56" West a distance of 477.83 feet to the east boundary of Foundation Drive; thence North 0 degrees 00; 47" East a distance of 277.17 feet along said east boundary; thence North 44 degrees 59' 52" East a distance of 14.14 feet to the South boundary of Boland Drive; thence North 89 degrees 58156" East a distance of 447.83 feet along said south boundary; thence South 0 degrees 00147" West a distance of 40.0 feet along said south boundary; thence North 89 degrees 59' 56" East a distance of 20.0 feet along said south boundary to the point of beginning, being known as Lot 4 -4 Airport Industrial Park Phase III. 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 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 the Indiana Code 6 -1.1- 12.1 -1., et seq., and South Bend Municipal Code Section 2 -76, 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 Personal 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 South Bend M.mir.i r.�l fl,egc Qcni-i nn 9 -7Fi_ A f• REGULAR MEETING MAY 9, 1988 SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably by expected to result form 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 the benefits identified in the State of Benefits set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration, and that the completed Statement of Benefits is sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -4.5 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described by designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of personal property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to the 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 five (5) years. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Puzzello made a motion to amend this bill by substitution, as on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Mark Hunter, Sealed Power Corp., made the presentation on the resolution. He indicated that the company is based in Michigan and Indiana and is opening a die casting business at the 2810 Foundation Drive address. The company plans to purchase $1 million dollars worth of new equipment and will create 15 new jobs. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of 9 ayes. 88 -26 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 105 E. JEFFERSON BLVD., SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. Council Member Luecke made a motion to continue this resolution to the next meeting on May 23, 1988, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILLS. FIRST READING BILL NO. 27 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY EAST OF PORTAGE RUNNING NORTH FROM ELWOOD TO KING ST. FOR A DISTANCE OF 120 FEET ALL BEING IN NORTHWEST 2ND ADD TO THE CITY OF ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing May 23, 1988, and sent to the Zoning & Vacation Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 28 -88 A BILL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A LEASE FOR THE ST. JOSEPH /WAYNE PARKING FACILITY BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing May 23, 1988, and send it to the Human Resources and Economic Development Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 30 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A CUMULATIVE CAPITAL DEVELOPMENT FUND. REGULAR MEETING MAY 9, 1988 This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing May 23, 1988, and send it to the Personnel & Finance Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 31 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 434 NORTH MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer the bill to Area Plan, seconded by Council Member Luecke. The motion carried. PRIVILEGE OF THE FLOOR There being no further business to Council Member Luecke made a motion Niezgodski. The motion carried and ATTEST: come before the Council, unfinished or new, to adjourn, seconded by Council Member the meeting was adjourned at 8:42 p.m. APPROVED: City Clerk resi ent