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HomeMy WebLinkAbout06-12-89 Council Meeting MinutesREGULAR MEETING Be it remembered Council Chambers p.m. The meeting ROLL CALL JUNE 12, 1989 that the Common Council of the City of South Bend met in the of the County -City Building on Monday, June 12, 1989, at 7:00 was called to order and the Pledge to the Flag was given. 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 22, 1989 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Ann Puzzello Council Member Niezgodski made a motion that the minutes of the May 22, 1989, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS 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 22, 1989, at 7:05 p.m., with nine members present. Chairman Luecke presiding. BILL NO. 11 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 306, 318 AND 332 TUXEDO DRIVE, 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. Kevin Joyce, Area Plan Commission gave staff report. Bill Owen, Valley Engineering 14887 St. Rd. 23 Granger, IN, made the presentation on the bill. He indicated that the rezoning is requested to allow the existing parking facility to accommodate the recent expansion of the Hospital. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 27 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1007 N. HICKORY ROAD IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas stated that the Zoning & Vacation Committee had met on this bill and recommend this bill to the council favorable as amended by substitution Kevin Joyce, Area Plan Commission gave the staff report. James A. Cook, Cressy and Everett Commercial Co., 3930 Edison Lakes Parkway, Suite 200, made the presentation on the bill. He indicated that the rezoning is requested to allow the development of a single story, multiple building office complex. Ed Bauer, 534 Preston Dr. spoke opposed to the bill. He questioned the traffic on Hickory Rd. Joe Guentert, 3510 Corby Blvd. asked a question regarding traffic. Council Member Puzzello made a motion to recommend this bill to the Council favorable as amended by substitution, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 28 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT A 14.0 ACRE, MORE OR LESS, TRACT OF LAND AT THE SOUTHEAST CORNER OF DARDEN ROAD AND LILAC ROAD IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas stated that the Zoning & Vacation Committee met on this bill and recommends it to W REGULAR MEETING JUNE 12, 1989 the Council favorable as amended by substitution. Kevin Joyce, Area Plan Commission gave the staff report. Bill Owen, Valley Engineering Consultants, Inc. 14887 St. Rd. 23 Granger, IN, made the presentation on the bill. He indicated that the rezoning is requested to allow the development of 92 condominium units on the mentioned 14.0 acre, more or less, parcel. Council Member Voorde made a motion to recommend the bill favorable, as amended by substitution, seconded by Council Member Niezgodski. The motion carried. BILL NO. 29 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE INTERSECTION OF MAPLE AND PORTAGE ROADS IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable. Kevin Joyce, Area Plan Commission gave the staff report. Tim Hartzer, Attorney, Parker & Jaicomo, 205 W. Jefferson Blvd., made the presentation on the bill. He indicated that the rezoning is requested to allow for the construction of multi - family housing. Glenn Christian, Developer, Sexton Company, 9001 North Meridian St., Indianapolis, IN, stated that this rezoning will complete preliminary plans for Hurwich Farm Gardens, a proposed 482 apartment complex. This rezoning is part of a 39 acre site that is to be occupied by 30 two -story apartment buildings that will be gathered around a shallow, man -made lake. The brick apartment units will be equipped with carports and will range in size from standard one - bedroom units to two - bedroom apartments and two - bedroom townhouses. Rental prices will range from $400 to $600 a month. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. BILL NO. 12 -89 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 OF THE MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2 -213 ENTITLED "SCHEDULE OF ORDINANCE AND CODE VIOLATIONS" Council Member Niezgodski made a motion to continue this bill to the June 26, 1989 meeting, seconded by Council Member Slavinskas. The motion carried. BILL NO. 38 -89 A BILL APPROPRIATING $42,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, EMERGENCY SHELTER GRANT PROGRAM. 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 made a motion to accept the substitution version of the bill on file with the City Clerk, seconded by Council Member Voorde . The motion carried. Council Member Luecke stated that the Human Resources and Economic Development Committee met on this bill and sends it to the Council with no recommendation. Kathryn Baumgartner, Director, Bureau of Housing made the presentation on the bill. She indicated that the review committee of providers of services to the Homeless met to evaluate the $75,128.00 of request which were received by the City in competition for the $42,000.00 available in Emergency Shelter Grant Funds. She also stated that all service providers are required to match the funds provided on a one for one basis. Council Member Zakrzewski made a motion to recommend the bill favorable, as amended by substitution, seconded by Council Member Niezgodski. The motion carried. BILL NO. 39 -89 A BILL APPROPRIATING $600,000.00 OF SECTION 108 LOAN FUNDS, PLUS EARNED INTEREST, FOR USE IN WEST WASHINGTON /CHAPIN REVITALIZATION AREA. 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 stated that the Human Resources and Economic Development Committee met on this bill and sends it to the Council with no recommendation. Council Member Luecke also indicated that with further evaluation that there is no conflict of interest with his employment with South Bend Heritage Foundation and as a voting Member of the Common Council. Elizabeth Leonard, Director, Financial and Program Management Economic Development Department made the presentation on the bill. She indicated that the appropriation will allow the entire $600,000 of Section 108 Loan Funds plus all interest earned for use in the West Washington /Chapin Revitalization Area. These funds will be used for acquisition, relocation, clearance, and loan repayment costs. In addition, all interest earned and /or program income received from these activities must be used to help retire the debt and not used for any other purpose until the loan is repaid. Jack Reed, Administrative Assistant to Mayor Joseph Kernan, spoke in favor of the bill. Ben Tyler, President, West Washington /Chapin Revitalization Association (WWCRP), stated that the West Washington /Chapin area has waited a long time for this project. Carl Works, 1115 W. Thomas St., indicated that he has attended every (WWCRP) meeting since the first one four years ago, said the area is in a state of urban neglect. He stated that WWCRP works hard to improve the neighborhood. Alonzo Watson, Director, South Bend Housing Authority, spoke in favor of the resolution. He indicated that the Housing Authority currently has over 1,100 families on waiting lists for affordable housing. Mrs. Louvenia Cain, 1207 W. Washington, spoke in favor of the bill. Mr. Jeff Gibney, Executive Director South Bend Heritage Foundation, 726 W. Washington, spoke in favor of the bill. He indicated that he is in favor of the revitalization. Dr. Milton Butts, 118 N. Walnut St., spoke in favor of the bill. 1 Z` He indicated that between the 1200 - 1300 blo crime. Charlotte Pfifer, Director DuCOmb Cen indicated that many of the young men assigned and Washington & Walnut Sts. are where they g Member WWCRP, spoke in favor of the bill. He favor of the bill. She indicated that she is South Bend and very proud to be a part the hi St., spoke in favor of the bill. He indicate simply known as "the block" when he was growi name today. He stated that when he drives th who are drug addicts and alcoholics who could lives. Carl Ellison, 1740 Hass Dr., spoke in 1619 Fassnacht St., indicated that he support reservations." He stated that he does not wa uprooted from the area. F. J. Nimtz, Preside that past efforts to improve West Washington that the administration was trying to tell th 1400 County -City Bldg., spoke in favor of the supportive of the plan chiefly because the re Area have taken hold of their own destiny. F in opposition of the bill. He indicated that block of W. Washington St., and in his opinio in the area and be replaced with an oasis of Bill Stemms, 1703 Bader, spoke opposed to the Washington, spoke opposed to the bill, he ind commercial properties on West Washington and area should be held not removed. Council Mem recommend this bill to the Council favorable, Niezgodski. The motion carried. BILL NO. 40 -89 A BILL TRANSFERRING $76, DEPARTMENT OF ECONOMIC I This being the time heretofore set for public and opponents were given an opportunity to be Financial and Program Management, Department presentation on the bill. She indicated that of $25,000 from the Housing Rehab Fund to the account. This action will allow for the hiri: grant application submitted to the Lilly Foun Along with a transfer of $51,300 from the Cod, account into the Neighborhood Clean -Up fund f, Baumgartner, Director Bureau of Housing spoke Soderberg made a motion to recommend this bil by Council Member Niezgodski. The motion car, There being no further business to come Member Voorde made a motion to rise and Member Niezgodski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of t the Council Chambers on the fourth floor of t Council President Puzzello presiding and nine of West Washington is plagued with r, spoke in favor of the bill. She o the center are from the West Side into trouble. Neil Gilbert, Board n Pope, 1408 W. Linden Av., spoke in 60 yr. resident of the West Side of ory. Cleo Washington, 128 E. South that the Washington - Walnut area was up and still is known by the same ugh the area he sees young children ave made something out of their avor of the bill. Floyd Carter, he revitalization plan "with some to see legitimate businesses Redevelopment Commission, stated fled because residents perceived what to do. Mayor Joseph Kernan, ill. He indicated that he has been dents of the West- Washington /Chapin ix Owsley, 1249 W. Washington, spoke e owned a liquor store in the 1200 could only see removal of the blacks ites surrounded by poor blacks. ill. Bobby Newbill, 1306 W. ated that his family operates els that the damaged parts of the r Soderberg made a motion to econded by Council Member .00 AMONG VARIOUS ACCOUNTS WITHIN THE LOPMENT. earing on the above bill, proponents eard. Elizabeth Leonard, Director Economic Development made the he bill would allow for a transfer ureau of Housing Administration of a planner in accordance with a tion for additional planning funds. Enforcement Management & Inspection the summer weed program. Katherine n favor of the bill. Council Member to the Council favorable, seconded the Committee of the Whole, Council to the Council, seconded by Council City of South Bend reconvened in County -City Building at 9:55 p.m. mbers present. BILLS, THIRD READING ORDINANCE NO. 7984 -89 AN ORDINANCE AM ING THE ZONING ORDINANCE FOR PROPERTY LOCATEDIAT 306, 318 AND 332 TUXEDO DRIVE, IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member bill, seconded by Council Member Zakrzewski. of nine ayes. ORDINANCE NO. 7985 -89 AN ORDINANCE AME] PROPERTY LOCATED OF SOUTH BEND, I] Luecke made a motion to pass this The bill passed by a roll call vote .fDING THE ZONING ORDINANCE FOR IAT 1007 N. HICKORY ROAD IN THE CITY IANA. This bill had second reading. Council Member bill, as amended in the Committee of the Whol( Coleman. The motion carried. Council Member bill, seconded by Council Member Coleman. Thf nine ayes. Voorde made a motion to amend this seconded by Council Member Voorde made a motion to pass this bill passed by a roll call vote of ORDINANCE NO. 7986 -89 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT A 14.0 ACRE, MORE OR LESS, TRACT OF LAND AT THE SOUTHEAST CORNER OF DARDEN ROAD AND LILAC ROAD IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Voorde The motion carried. Council Member made a motion to pass this bill, seconded by Council Member . The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7987 -89 AN ORDINANCE AM& PROPERTY LOCATED PORTAGE ROADS IN This bill had second reading. Council Member bill, seconded by Council Member Voorde. The nine ayes. SIDING THE ZONING ORDINANCE FOR AT THE INTERSECTION OF MAPLE AND THE CITY OF SOUTH BEND, INDIANA. Luecke made a motion to pass this bill passed by a roll call vote of ORDINANCE NO. 7988 -89 AN ORDINANCE ON A BILL APPROPRIATING $42,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, EMERGENCY SHELTER GRANT PROGRAM. This bill had second reading. Council Member Voorde made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Duda The motion carried. Council Member Voorde made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7989 -89 AN ORDINANCE ON A BILL APPROPRIATING $600,000.00 OF SECTION 108 LOAN FUNDS, PLUS EARNED INTEREST, FOR USE IN WEST WASHINGTON/ CHAPIN REVITALIZATION AREA. This bill had second reading. Council Member Niezgodski 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. 7990 -89 AN ORDINANCE ON A BILL TRANSFERRING $76,300.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had second reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of nine ayes. RESOLUTION NO. 1728 -89 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 3600 MCGILL ST. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX YEAR REAL PROPERTY TAX ABATEMENT FOR AIRPARK PLACE. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3600 McGill Street and which is more particularly described as follows: Commencing at the Northwest Corner of said Section 28; thence South 89048'05" West (the bearing of the South line of the Southeast Quarter of Section 28 is assumed North 90000100" West) a distance of 1305.00 feet along the North boundary of said Northeast Quarter to the centerline intersection of Cleveland Rd. and Kenmore Street; thence South 0000123" West and a distance of 363.70 feet to a cross cut in the pavement; thence South 09 59'37" East a distance of 531.87 feet to a cross cut in the centerline of Kenmore Street; thence South 80 00' 23" West a distance of 40.00 feet to a 1/2 inch iron rebar; thence North 54 59' 34" West, 14.14 feet; thence South 80 00; 23" West, 86.41 feet thence Southwesterly 90.16 feet along a segment of a curve to the right, having a radius of 1944.86 feet, subtended by a chord, having a bearing of South 81 20'03" West and a length of 90.15 feet to the Point of Beginning; thence South 00 00' 23" West, 382.35 feet; thence North 89 59' 37" West, 352.17 feet; thence North 00 00' 23" East, 366.40 feet; thence South 89 59'37" East, 103.57 feet; thence Northeasterly 249.28 feet along a curve to the left, having a radius of 1944.86 feet, subtended by a chord, having a bearing of North 86 20' 07" East and a length of 249.11 feet to the Point of beginning and containing 2.9925 acres, more or less, and is subject to all easements, restrictions and or covenants or record. as an Economic Revitalization Area; and 520 WHEREAS, the notice of the adoption of a Decl hearing before the Council has been published 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing fo remonstrances and objection from interested p WHEREAS, the Council has determined that the revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Indiana as follows: tory Resolution and the public rsuant to Indiana Code the purposes of hearing all son; and tions for an economic of the City of South Bend, SECTION I. The Common Council hereby confirms) its Declaratory Resolution designating the area described herein as an E onomic Revitalization Area for the purposes of tax abatement. Such designation 's for Real Property tax abatement only and is limited to (2) calendar years fro the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby det qualified for and is granted real property years. SECTION III. This Resolution shall be in f adoption by the Common Council and approval Ann A public hearing was held on the resolution a Capital Development Corp., 211 W. Washington, on the resolution. He indicated that the lan is located in Phase IV of the Airport Industr. 28,080 square foot industrial building on 2.9 $1,067,151. The building will be steel const: span interior. The tenant spaces are estimat, 15,600 square feet and two - 6,240 square fee' with high quality block and steel siding with The building will feature a fire protection s: the structure. Council Member Coleman made a seconded by Council Member Duda. The resolut nine ayes. es that the property owner is deduction for a period of six (6) force and effect from and after its the Mayor. this time. Don Best, Agent Combined South Bend, IN made the presentation proposed for six year tax abatement al Park. The project is to build a acres on McGill Street at a cost of uction with a gabled roof with clear d to be broken into three areas one - . The structure will be constructed very good quality interior finishes. rinkling system installed throughout motion to adopt this resolution, on was adopted by a roll call vote of RESOLUTION NO. 1729 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDI7NA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 247 TO 251 EAST SAMPLE STREET IN SOUTH BEND AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT ZIKER CLEANERS, INC. WHEREAS, a petitioner for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, requesting that the area in South Bend, Indiana, which is described as follows: Parcel 1: All that portion of the South half of Lot Thirty -eight (38) of Denniston and Fellow's addition to the Town, now City of South Bend, and Lots numbered 1 through 10 as shown on the recorded Plat of J.C. Knoblock's subdivision of Lot Thirty -nine (39) of Denniston and Fellow's addition to the Town, now City of South Bend. Parcel 2: The North half of Lots Thirty-seven (37) and Thirty -eight (38) of Denniston and Fellow's addition to the Town, nOW City of South Bend, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq., and South Bend Mun cipal Code section 2 -76 et seq., and; WHEREAS, the Department of Economic Developme, prepared a report with information sufficient that the area qualifies as an Economic Revita 6 -1.1- 12.1 -1 et seq., and South Bend Municipa prepared maps and plats showing the boundarie the area in question as required by law; and, WHEREAS, the Human Resources and Economic De Council has reviewed said report and recomme area qualifies as an Economic Revitalization NOW, THEREFORE, BE IT RESOLVED by the Common Indiana, as follows: t has concluded an investigation and for the Common Council to determine ization Area under Indiana Code Code 2 -76, et seq., and has further and such other information regarding ment Committee of the Common to the Common Council that the of the City of South Bend, SECTION I: The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and Statement of Benefits form completed by the Petitioner meets the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonable be expected to result from the proposed described redevelopment or rehabilitation; C. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed redevelopment or rehabilitation; D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3, and which can be reasonably expected to result from the installation of the new manufacturing equipment. 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 as set forth in Sections I and II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits from prescribed by the State Board of Accounts is sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. 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 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 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 /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Kevin Butler, Attorney 100 E. Wayne St. made the presentation on the bill. He indicated that the development of unused real estate to provide off street parking for employees, purchase new equipment to provide additional jobs and renovate old buildings for use along with the addition of attached buildings. 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 nine ayes. RESOLUTION NO. 1730 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS LOT 4 -2 OF AIRPORT INDUSTRIAL PARK, PHASE III, IN SOUTH BEND AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A REAL PROPERTY TAX ABATEMENT FOR JAMES J. LAWLOR AND ROLAND VERONNEAU. WHEREAS, a petitioner for real property tax abatement has been filed with the City - Clerk for consideration by the Council of the City of South Bend, requesting that the area in South Bend, Indiana, which is described as follows: Lots 4 -2 of the Airport Industrial Park, Phase III, St. Joseph County, Indiana, 522 be designated as an Economic Revitalization Code 6 -1.1- 12.1 -1 et seq., and South Bend M WHEREAS, the Department of Economic Developme prepared a report with information sufficient that the area qualifies as an Economic Revita 6- 1.1- 12.1 -1 et seq., and South Bend Municipa prepared maps and plats showing the boundarie the area in question as required by law; and, under the provisions of Indiana al Code Section 2 -76 et seq., and; has concluded an investigation and or the Common Council to determine zation Area under Indiana Code Code 2 -76, et se g., and has further and such other information regarding WHEREAS, the Human Resources and Economic Dev lopment Committee of the Common Council has viewed said report and recommende4 to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common ( ouncil of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determi es and finds that the Petition for Real Property Tax Abatement and Statement of form completed by the Petitioner meets the requirements of Indian;enefits ode 6 -1.1- 12.1 -1 et se ., and qualifies under the provisions of South Bend unicipal Code Section 2 -76, et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of indivi4uals who will be employment 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 f those retained can be reasonably expected to result from the proposed redevelo ment 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 sufficie *t to justify the deduction; all of which satisfy the requirements of Indiana Cod 6 -1.1- 12.1 -3. SECTION III. The Common council hereby deters described redevelopment of rehabilitation can benefits identified in the Statement of Benef: of the Petition for Real Property Tax Abatemei Statement of Benefits from prescribed by the : to justify the deduction granted under Indian+ SECTION IV. The Common Council hereby accept; Human Resources and Economic Development Comm. be designated an Economic Revitalization Area designating this area as an Economic Revitalii property tax abatement. SECTION V. The designation as an Economic two (2) calendar years from the date of the Common Council. SECTION VI. The Common Council hereby de qualified for and is granted property tax nines and finds that the proposed be reasonably expected to yield the its as set forth in Sections I and II it Consideration and that the State Board of Accounts are sufficient i Code 6 -1.1- 12.1 -3. the report and recommendation of the Lttee that the area herein described and hereby adopts a resolution cation Area for purposes of real talization Area shall be limited to ption of this Resolution by the that the property owner is n. SECTION VII. The Common Council directs the ity Clerk to cause notice of the adoption of this Declaratory Resolution for R al Property Tax Abatement to be published, said publication providing notice f the public hearing before the Common Council on the proposed confirming of aid declaration. SECTION VIII. This resolution shall be in adoption by the Common Council and approval V.GPtl A public hearing was held on the resolution z made a motion to amend this bill by excludin( abatement, seconded by Council Member Colemat Luecke indicated that the Human Resources an( this bill and recommend it to the Council fa.i Wayne St. made the presentation on the bill. consist of the construction of a 20,000 sq. i industrial /warehouse users. Facility shall 7 business growth and expansion. 1 force and effect from and after its .the Mayor. Counc this time. Council Member Luecke the number of years for the tax The motion carried. Council Member Economic Development Committee met on )rable. Kevin Butler, Attorney 100 E. He indicated that the project will building for occupancy by an :ovide region with ready space for He stated that the project will create thirty (30) new permanent full time jobs within the first year representing a new annual payroll of $375,000. The total project cost is estimated to be $450,000. Council Member Niezgodski made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1731 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO EXECUTE NOTES AND TAKE ALL OTHER ACTIONS NECESSARY TO SECURE FUNDS UNDER THE SECTION 108 LOAN GUARANTEE PROGRAM UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for a Community Development Act of 1974, as amended; and WHEREAS, an application for Section 108 Loan funds was authorized by the Common Council in Resolution No. 1638 -88 on August 22, 1988, and subsequently approved by the U.S. Department of Housing and Urban Development. WHEREAS, proceeds from this loan will be used for various redevelopment activities within the West Washington- Chapin Development Area as outlined in the "final Statement of Section 108 Loan Guarantee objectives and Projected Use of Funds;" and WHEREAS, the redevelopment of the West Washington- Chapin Development Area will be greatly facilitated by the receipt of proceeds available through a Section 108 Loan Guarantee. WHEREAS, the program requires that promissory note(s) be executed by the City. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to execute notes and take all other actions necessary to secure funds under the Section 108 Loan Guarantee Program of the United States Government under Title I of the Housing and Community Development Act of 1974, as amended. SECTION II. That for the activities, project, or programs to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Section 108 Loan Guarantee funds received upon approval of this application. SECTION III. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Ann Puzzello Member Common Council A public hearing was held on the resolution at this time. Elizabeth Leonard, Director Financial and Program Management Economic Development Department made the presentation on the bill. She indicated that the resolution would authorize the Mayor to enter into notes for the $600,000 Section 108 Loan through the U.S. Department of Housing & Urban Development. The loan proceeds will be used for acquisition, relocation, clearance and loan repayment. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of nine ayes. BILLS FIRST READING BILL NO. 41 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2004 S. TWYCKENHAM IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Voorde made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 42 -89 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Slavinskas made a motion to set this bill for second reading and public hearing July 10, 1989, seconded by Council Member Voorde. The motion carried. BILL NO. 43 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1411 W. WESTERN AV., IN THE CITY OF SOUTH BEND, INDIANA. ME This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Voorde. The motion carried. BILL NO. 44 -89 A BILL ESTABLISHING A NON-REVETING NEXT DOOR NEIGHBOR PROGRAM FUND AND APPROPRIATING $25,000 FOR THAT PURPOSE. This bill had first reading. Council Member Duda made a motion to set this bill for second reading and public hearing June 26, 1989, seconded by Council Member Coleman. The motion carried. BILL NO. 45 -89 A BILL OF THE CITY OF SOUTB BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 1, SECTION 21 -1 (A) (15.1) ADDRESSING THE DEFINITION OF CONTROLLED USES. This bill had first reading. Council Member bill to Area Plan, seconded by Council Member BILL NO. 46 -89 A BILL OF THE COMMON COUNC AMENDING CHAPTER 13 OF THE NEW ARTICLE 8 ENTITLED "DE PROPERTY" This bill had first reading. Council Member C bill to the Public Safety Committee, seconded carried. PRIVILEGE OF THE FLOOR Ralph Johnson, 734 N. Cushing spoke regarding Ed Talley, spoke regarding the fish ladders Joe Guentert, 3510 Corby Blvd., spoke oleman made a motion to refer this Slavinskas. The motion carried. L OF THE CITY OF SOUTH BEND, INDIANA, MUNICIPAL CODE, BY THE ADDITION OF ACEMENT AND DAMAGE TO PUBLIC man made a motion to send this Council Member Duda. The motion angle parking downtown. Seitz Park. New Energy Surcharges.