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HomeMy WebLinkAbout05-23-88 Council Meeting MinutesREGULAR MEETING MAY 23, 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, May 23, 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 May 9, 1988 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Zakrzewski made a motion that the minutes of the May 9, 1988, meeting of the Council be accepted and placed on file, seconded by Council Member Niezgodski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1607 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,COMMENDING THE SOUTH BEND HERITAGE FOUNDATION, THE WEST WASHINGTON - CHAPIN REVITALIZATION PROJECT MEMBERS, THE NEAR WESTSIDE RESIDENTS AND THE CITY'S DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THEIR VITAL ROLES IN REVITALIZING THE WEST WASHINGTON / CHAPIN STREET NEIGHBORHOOD AND DESIGNATING SATURDAY, JUNE 4th AS "OUR MARCH ON WASHINGTON" DAY WHEREAS, the South Bend Common Council recognizes the dedication of The South Bend Heritage Foundation in revitalizing and upgrading neighborhoods; and WHEREAS, the Council recognizes the West Washington /Chapin Street Revitalization Project as a viable and active organization dedicated to addressing and correcting neighborhood concerns; and WHEREAS, the Foundation and Revitalization Project have joined together with the Near Westside residents and are coordinating a June 4th march, entitled "Our March on Washington" as a show of strength to demonstrate their city -wide commitments to eliminating crime and to revitalize the neighborhood, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The South Bend Common Council recognizes the enthusiastic dedication which South Bend Heritage Foundation, and the West Washington /Chapin Street Revitalization Project and the City's Department of Economic Development has shown to our community. SECTION II. The Council proudly commends the Foundation, members of the Project, the Near Westside residents and the City's Department of Economic Development for their joint efforts and their show of residential and commercial solidarity in making this neighborhood a safer and more beautiful place to live and work. REGULAR MEETING MAY 23, 1988 SECTION III. In recognition of the progress made to date, and in an effort of rededicating ourselves to this very worthwhile and vital cause, the Common council of the City of South Bend hereby designates Saturday, June 4th, as "Our March on Washington" Day in South Bend, Indiana. SECTION IV. The Common Council urges all concerned citizens to join with the Council, the Foundation, members of the Project, the Near Westside residents and the City's Department of Economic Development in a positive show of strength for the continued revitalization of this important area of our City. 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. /s/ Steven Luecke Member of the Common Council /s/ Donald Niezgodski Member of the Common Council /s/ William Soderberg Member of the Common Council /s/ Ann B. Puzzello Member of the Common Council /s/ Linas Slavinskas Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ Sean Coleman Member of the Common Council /s/ Loretta Duda Member of the Common Council /s/ John Voorde Member of the Common Council ATTRRT. /s /Irene Gammon City Clerk A public hearing was held on the resolution at this time. Council Member Coleman made a motion to accept the substitute version of this bill as on file with the City _ Clerk's Office, seconded by Council Member Soderberg. The motion carried. Council Member Niezgodski read the resolution at this time. He indicated that the South Bend Heritage Foundation, West Washington- Chapin Revitalization Project Members, the Near Westside Residents and the City of South Bend's Economic Development Department are to be commended for a job well done in revitalizing the West Washington /Chapin Street Neighborhood. Gladys Muhammad, South Bend Heritage Foundation, spoke in favor of the resolution. She indicated that the area has needed much help and urged everyone to attend on June 4, 1988 "Our March on Washington Day." Sue Hochman, 1122 W. Washington, indicated that she has talked to many of the residents of the neighborhood and they have all stated that they are in favor of a change. Bernice Freeman, Opportunity Industrial Center, 1601 Liston, indicated that the center is located in the West Washington /Chapin Area. She stated that the center has approximately 18 -20 students on a daily basis and is concerned for their safety. Mary Newbill, 1233 1/2 W. Washington, urged everyone to participate in the march on June 4, 1988. Barbara Noser, 809 W. Colfax, stated that she enjoys living in the West Washington /Chapin /Chapin Area. Council Member Luecke made a motion to adopt the substitute resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Duda indicated that the Residential Neighborhood Committee has a Task Force on the Leaf Burning issue. The Task Force has been meeting on a regular basis, every Friday at 4:00 p.m., in the Council's Caucus Room. Council Member Coleman indicated that the Parks & Recreation Committee met on May 17, 1988 to discuss the salmon run at the East Raceway and the Skateboard Park and future options on skateboarding. 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 May 23, 1988, at 7:19 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 27 -88 SECOND READING AND PUBLIC HEARING ON 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 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, indicated that the Zoning & Vacation Committee had met on this bill and recommended it favorably. Robert Kochmar, 1406 Portage Av., made the presentation on the bill. He indicated that he is the petitioner requesting the alley vacation. He further indicated that he is the owner and operator of "Bob's Pub" and is vacating the alley to make additional parking. Council Member Voorde made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. BILL NO. 28 -88 SECOND READING AND PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH RENT- TNnTANA APPROVTNG A T.FARR FOR THF. ST. JOSEPH /WAYNE PARKING 292 REGULAR MEETING MAY 23, 1988 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke made a motion to amend this bill, seconded by Council Member Coleman. The motion carried. Council Member Luecke, Chairman of the Zoning & Vacation Committee stated that the committee met and recommend the bill to the Council favorably. Ann Kolata, Economic Development Department, made the presentation on the bill. She indicated that the lease establishes a maximum annual rental payment of $520,000. This amount is an estimate and will be lowered after we receive bids for the construction of the garage. The Commission will use three sources of funds to make the lease payments: net operating revenue from the garage; the UDAG repayments from One Michiana Square and excess TIF funds not needed for debt service on the TIF bonds. She indicated that construction on the six -story 436 space garage is to begin this summer and be completed during early 1989. Carter Wolfe, Chairman Center City Associates, spoke in favor of the bill. He indicated that there is a need for another parking garage downtown. John Barris, Cleveland, Ohio, (new owner of the former Sherland Building) spoke in favor of the bill. Mr. John Wojtan 6216 Exeter Ct., and Mr. Joseph Guentert, 3510 Corby, spoke opposed to the bill. Council Member Voorde made a motion to recommend this bill go to the Council favorable as amended, seconded by Coleman. The motion carried BILL NO. 30 -88 SECOND READING AND PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A CUMULATIVE CAPITAL DEVELOPMENT 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 Luecke made a motion to amend this bill, seconded by Council Member Voorde. The motion carried. Council Member Puzzello, Chairman of the Personnel & Finance Committee stated that the committee met on the bill and recommends it to the Council favorable. John Leisenring, Chief Deputy Controller made the presentation on the bill. He indicated that the bill is to re- establish the Cumulative Capital Development Fund for the years 1989, 1990 and 1991. This fund was first established by ordinance adopted in 1985 and phased in over a three year period beginning in 1986. It is necessary to re- establish this fund every three years to retain the current rate ceiling as provided by Public Law 44 -1984. The purpose of the fund is to provide South Bend with a method to develop a long range capital plan to be used for the purchase of equipment and funding of capital improvements, as well as to prove for expenditures to protect the public health, welfare or safety in an emergency situation which demands immediate action. The fund provides for a levy on property of twelve cents ($.12) per $100 assess valuation which is the same levy established for the current year and the maximum rate that can be established for municipalities in counties that have not taken advantage of the local option income tax. The levy would continue at this rate for all three years, at which time it will again be necessary to re- establish the fund. Joe Guentert, 3510 Corby, spoke in regard to the bill. Council Member Voorde made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Niezgodski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Voorde made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: �� Chairman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:02 p.m. Council President Voorde presiding and nine members present. BILLS. THIRD READING ORDINANCE NO. 7874 -88 AN ORDINANCE 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 third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7875 -88 AN ORDINANCE 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 third reading. Council Member Puzzello 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 Coleman made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of eight ayes and one nay (Council Member Slavinskas.) ��3 REGULAR MEETING MAY 23, 1988 ORDINANCE NO. 7876 -88 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A CUMULATIVE CAPITAL DEVELOPMENT FUND. 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 Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. RESOLUTIONS 88 -24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING 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 June 27, 1988 meeting, at the request of the petitioner, seconded by Council Member Niezgodski. The motion carried. RESOLUTION NO. 1608 -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 105 EAST JEFFERSON BLVD., SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. (SOUTH BEND ASSOCIATES LIMITED PARTNERSHIP) 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 know as 105 E. Jefferson Blvd., South Bend, Indiana, and which is more particularly described as follows: Lot 41 and S 1/2 lot 42 O. P. South Bend, in the Township of South Bend Portage and the County of_St. Joseph, in the State of 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; 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 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 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 for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed redevelopment or rehabilitation; D. That the other benefits about which information was requested are benefits - that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and E. That the totality of benefits is sufficient to justify the education, all of which satisfy the requirements of I.C., 6- 1.1- 12. -1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the Statement of Benefits set forth as sections I through III of the Petition for real property tax abatement consideration and that the completed Statement of Benefits From 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 desianatina this area as an Rnnnnmin Revitalizatinn Area frn nnrnnsas of REGULAR MEETING MAY 23, 1988 SECTION V. The to two (2) calendar Common Council. designation as an Economic Revitalization Area shall be limited years from the date of the adoption of this Resolution by the SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) 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 Luecke made a motion to accept the substitute resolution as on file with the City Clerk's Office, seconded by Council Member Coleman. The motion carried. Jonathan Barris, Developer, Barris- Guren, 4700 Rockside Rd., Suite 635, Independence, Ohio 44131, made the presentation on the resolution. He indicated that the former Sherland Building will now be known as 105 Jefferson Centre. He indicated that the plans call for a new first floor facade of dark green marble or similar material, as well as refurbishing of the lobby and corridors. He indicated that the upper part of the building will be tan, with bronze - tinted windows and a new entrance on Michigan Street in addition to the main entrance on Jefferson Blvd. Council Member Zakrzewski made a motion to adopt the resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1609 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 2302, 2304, AND 2306 WESTERN AVENUE 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 2302 Western Avenue, South Bend, IN 46619, 2304 Western Avenue, South Bend, IN 46619 and 2306 Western Avenue, 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, 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. 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 from 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 six (6) years. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the petitioner made the presentation on the resolution. He indicated that the petitioner already owns three lots adjacent to the property. The petitioner plans for the three lots include retention of the existing building and the construction of an addition of approximately 371x401, as well as the renovation of the existing building. He indicated when the renovation is complete it will have 5 bays for the repair of automobiles. Council Member Niezgodski made a motion to adopt the resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of 9 ayes. RESOLUTION NO. 1610 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2810 FOUNDATION DRIVE FOR REGULAR MEETING MAY 23, 1988 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 2810 Foundation Drive 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 89 058'56" West a distance of 2294.41 feet along the north line of said quarter section to the point of beginning; thence South 0 °00'47" West a distance of 247.17 feet; then South 89 °58 56" West a distance of 477.83 feet to the east boundary of Foundation Drive; thence North 0 000147" East a distance of 277.17 feet along said east boundary; thence North 44 059152" East a distance of 14.14 feet to the South boundary of Boland Drive; thence North 89 058'56" East a distance of 447.83 feet along said south boundary; south 0 000147" West a distance of 40.0 feet along said south boundary; thence North 89 058156" 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. 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. 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 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. That 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. 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. Gerald Petznick, Plant Manager, Sealed Power Corporation, 2810 Foundation Dr., made the presentation on the resolution. He indicated that the company manufactures die cast components. He stated that the project will create 15 new, permanent full -time jobs, with a new annual payroll of $360,000. The estimated cost of the equipment is $1,000,000. Council Member Zakrzewski made a motion to adopt the resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of 9 ayes. RESOLUTION NO. 1611 -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 445 NORTH SHERIDAN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT (BOLIDEN METECH, 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 445 North Sheridan Avenue, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the Southwest 1/4 of Section 4, Township 37 North, Range 2 East located in Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the West line of Sheridan Avenue (80 foot right -of -way) 420.19 feet North (assumed bearing) of the North line of Linden Avenue (80 foot right -of -way) which point is also 207 feet West and 460.19 feet North of the Southeast corner of said Southwest 1/4 of Section 4; thence Northerly along said West line of Sheridan Avenue 673.22 feet to the Southerly right -of -way line of the Consolidated Rail Corporation (formerly the New York Central Railroad); thence North 79 018130" West along said Southerly right -of -way line of the Consolidated Rail Corporation 429.83 feet; thence South 00 008'15" West 749.04 feet to a point 418.30 feet North 00 03115" East of the North Line of Linden Avenue; thence East perpendicular to the West line of Sheridan Avenue 370.56 feet to the point of beginning, containing 6.268 acres, more or less. be designated as an Economic Revitalization Area under the provisions of Indiana Cnde 6 -1.1- 12.1 -1 et cea_u and South Rend MinicinaI Coda sentinn 2 -76: and REGULAR MEETING MAY 23, 1988 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 sec., 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 State of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et sec., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment 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 new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits set forth as Sections I through III of the Petition for Personal Property Tax Abatement and that the completed 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 -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 be designated an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION V. The Common Council determines that such designation is for personal property tax abatement only for the area and 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 five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Resolution to be published, said publication providing notice of the public hearing before the Common Council on 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 /John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke made a motion to accept the substitute version that is on file with the City Clerk's Office, seconded by Council Member Coleman. Ernest Szarwark, 100 N. Michigan St., made the presentation on the resolution. He indicated that the petitioner Boliden Metech, is a Swedish company based out of Mapleville, Rhode Island. He stated that the tax abatement is needed to purchase equipment to expand the company. The new machinery will be used to process scrap products, such as electronic circuit boards, so that metal and plastics components can be recycled. The new equipment will permit the company to complete recycling operations now done out of state. The estimated cost of the equipment is $300,000 to $400,000. The project will create 12 to 22 new, permanent, full -time jobs, representing a new annual payroll of $180,000 to $330,000, and will maintain 8 existing permanent full -time with an annual payroll of $120,000. Council Member Luecke made a motion to adopt the resolution as amended, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of 9 ayes. RESOLUTION NO. 1612 -88 A RESOLUTION INDICATING WILLINGNESS TO ACCEPT OBLIGATIONS AND RESPONSIBILITIES NECESSARY FOR A FEDERAL GRANT UNDER THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972 FOR THE DEVELOPMENT OF A FArTLTTTES PLAN FOR THE CITY OF SOUTH BEND, INDIANA PULL" REGULAR MEETING MAY 23, 1988 WHEREAS, on the 4th day of January, 1988, the Common Council authorized and directed John E. Leszczynski, President of the Wastewater Board of Directors of the City of South Bend, Indiana, to submit applications for grants to the United States Environmental Protection Agency for Federal assistance under the Federal Water Pollution Control Act Amendments of 1972 and further to furnish such information, data, and documentation pertinent to the applications and to act as representative of the City of South Bend, Indiana, in connection with said application, upon presentation or request; and WHEREAS, as a condition to obtain Federal assistance, the City of South Bend must indicate a willingness to accept all obligations and responsibilities of the grant; and WHEREAS, such conditions include, but are not limited to, an obligation to adopt all ordinances and execute all agreements necessary under the grant; and WHEREAS, the municipality of South Bend, Indiana, further desires to be in compliance with the requirements for obtaining Federal assistance for the purpose of this control. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I: By this Resolution, the Common Council of the City of South Bend, Indiana, indicates its willingness and intent to meet all obligations and responsibilities necessary for obtaining and maintaining Federal assistance under the Federal Waste Pollution Control Act Amendments of 1972, for the development of a Facilities Plan for the City. SECTION II: This Resolution shall be in full force and effect upon its passage and its approval by the Mayor of the City. Adopted by the Common Council of the City of South Bend, this day of May, 1988. /s /John Voorde Member of the Common Council A public hearing was held on the resolution at this time. John Leszczynski, City Engineer, made the presentation on the resolution. He indicated that the resolution is to accept willingness to meet all obligations and responsibilities necessary for a grant award. He stated that the resolution includes enactment and maintaining the rate structure necessary to operate and maintain the wastewater collection and treatment systems. Joe Guentert, 3510 Corby, spoke opposed to the resolution. He indicated that Fair Tax, Inc., has received a 50 page hand written report from Mr. Coventry, and will be made available to the Council at a later date. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1613 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AN APPLICATION FOR THE RENTAL REHABILITATION PROGRAM AND FOR THE SOUTH BEND PUBLIC HOUSING AUTHORITY TO SUBMIT AN APPLICATION FOR SECTION 8 HOUSING SUBSIDY FOR USE IN CONJUNCTION WITH THE RENTAL REHABILITATION PROGRAM WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for funds made available through the United States Housing Act (the Act). The Rental Rehabilitation Program is authorized by the Section 17 of the Act Urban -Rural Recovery Act of 1983; and WHEREAS, Section 8 of the United States Housing Act of 1937, as amended, authorizes the Housing Authority to develop, own, or assist in housing for low- income persons; and WHEREAS, there currently exists in South Bend, Indiana, a need for housing which is not being provided by the private sector; and WHEREAS, the U.S. Department of Housing and Urban Development has available funds for such purpose NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: SECTION I. That the Mayor of the City of south Bend, Indiana, is hereby authorized to submit the Rental Rehabilitation application to the United States Department of Housing and Urban Development. SECTION II. That the Common Council hereby authorizes the Housing Authority of the City of South Bend, Indiana, to submit an application to the U.S. Department of Housing and Urban Development for units of housing to be funded by Section 8 of the United States Housing Act of 1937, as amended, to be used in conjunction with the Rental Rehabilitation Program. RERULAR MEETING MAY 23, 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. Kathryn Baumgartner, Director, Bureau of Housing, made the presentation on the resolution. She indicated that the resolution would authorize the Mayor to submit to the Department of Housing and Urban Development an application for the Rental Rehabilitation Program. The Rental Rehabilitation Program, enacted into law in the Housing and Urban -Rural Recovery Act of 1983, provides financial assistance for rehabilitation of rental units in selected neighborhoods. Seventy percent of the units must be occupied by lower income persons, and Section 8 vouchers are available to assist tenants who would otherwise be displaced. South Bend is eligible to receive $107,000 for this. Council Member Luecke made a motion to adopt the resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of 9 ayes. RESOLUTION NO. 1614 -88 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL INDICATING ITS INTEREST IN PURCHASING LAND FOR NILES AVENUE RIGHT -OF -WAY WHEREAS, the Board of Public Works is interested in acquiring additional right -of -way for improvements to Niles Avenue between Madison Street and Cedar Street, as described on Exhibit "A" attached hereto, and WHEREAS, I.C. 36 -1 -10.5 requires that the Common Council must pass a resolution indicating it is interested in having the Board of Works purchase this additional right -of -way. NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council as follows: SECTION 1. The Common Council hereby indicates its interest in having the Board of works purchase the additional right -of -way, as described in Exhibit "A ". SECTION 2. The Board of Works is hereby authorized to have two appraisals made of the area to be purchased for right -of -way, as identified in Exhibit "A" and to file those appraisals with the Common Council following their completion. SECTION 3. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor of the City of South Bend, Indiana. Adopted by the Common Council of the City of South Bend, this day of May, 1988. /s /John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Ann Kolata, Economic Development Department, made the presentation on the resolution at this time. She stated that the resolution indicates that the Council is interested in purchasing land for the Niles Avenue right -of -way. She stated that recently a new state law has gone into effect which requires the Council to indicate its interest in purchasing land which has a value of more than $25,000. She indicated that the actual purchase of the land will be made by the Board of Public Works. Joe Guentert, 3510 Corby Blvd., Jim Cronk, 702 E. LaSalle, spoke opposed to the resolution. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of 6 ayes and 3 nays (Council Member Soderberg, Council Member Slavinskas and Council Member Voorde.) BILLS, FIRST READING BILL NO. 32 -88 A BILL APPROPRIATING $53,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, EMERGENCY SHELTER GRANT PROGRAM. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing and second reading June 13, 1988, and send it to the Human Resources and Economic Development Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 33 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF NORTHSIDE BLVD. RUNNING WEST FROM OAKLAND ST., FOR A DISTANCE OF APPROXIMATELY 120 FEET TO THE FIRST INTERSECTING NORTH /SOUTH ALLEY, ALL LOCATED IN OAKLAND PARK ADDITION TO THE CITY OF SOUTH BEND. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and second reading June 13, 1988, and send it to the Zoning & Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 34 -88 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 805 S. MICHIGAN ST. IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Puzzello. The motion carried. Qx REGULAR MEETING MAY 23, 1988 BILL NO. 35 -88 A BILL AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF NEW ARTICLE 1 OF CHAPTER 14 TO BE ENTITLED ROLLER SKATES AND SKATEBOARDS. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing and second reading June 13, 1988, and send it to the Personnel & Finance Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 36 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF SOUTH BEND BY THE INCLUSION OF NEW ARTICLE 18 TO BE ENTITLED POLICE AND FIRE NEGOTIATION PROCEDURES. i BILL NO. 37 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20, ARTICLE 9 OF THE MUNICIPAL CODE OF SOUTH BEND, COMMONLY KNOWN AS "MOBILITY HANDICAPPED PARKING ". Council Member Puzzello made a motion to strike Bill Nos. 36 -88 and 37 -88 from the agenda, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 38 -88 A BILL EXTENDING THE BOUNDARY OF THE TAX ABATEMENT IMPACT AREA WITHIN THE CITY OF SOUTH BEND. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing and second reading June 13, 1988, and send it to the Human Resources and Economic Development Committee, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS BILL NO. 107 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN ALLEY RUNNING EAST AND WEST FROM LELAND AVENUE TO FOREST AVENUE IN THE PLATS OF CHAPIN PLACE BY EDWARD P. CHAPIN AND SHETTERLY PLACE 1ST. Council Member Coleman made a motion to set this bill for public hearing and second reading June, 13, 1988 and send it to the Zoning & Vacation Committee, seconded by Council Member Puzzello. The motion carried. Council Member Slavinskas made a motion set Bill No. 15 -88, for public hearing and second reading June 13, 1988 and refer it to the Zoning & Vacation Committee, seconded by Council Member Luecke. The motion carried. PRIVILEGE OF THE FLOOR Joe Guentert, 3510 Corby, spoke regarding the new Council procedures. Phillip Skodinski, Representative from the Lincoln School PTA, spoke on the reduction of the number of school crossing guards and the erecting of more school crossing signs. There being no further business to come before the Council, unfinished or new, Council Member Soderberg made a motion to adjourn, seconded by Council Member Zakrzewski. The motion carried and the meeting was adjourned at 9:15 p.m. ATTEST: APPROVED: I _ City Clerk es ent ------------------------------------------------------------------ - - - - --