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HomeMy WebLinkAbout08-28-89 Council Meeting MinutesREGULAR MEETING AUGUST 28, 1989 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, August 28, 1989, 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 July 14, 1989, August 14, 1989 and August 21, 1989 meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Coleman made a motion that the minutes of the July 14, 1989, August 14, 1989 and August 21, 1989, meetings of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1741 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE SOUTH BEND POLICE DEPARTMENT FOR ITS ON -GOING CRACKDOWN ON ILLEGAL DRUGS IN OUR COMMUNITY. WHEREAS, the Common Council acknowledges that the availability and use of illegal drugs is a devastating problem throughout our country; and WHEREAS, the City of South Bend through the Police Department has instituted several educational programs in our school systems to inform our students about such illegal drugs; and WHEREAS, the South Bend Police Department has vigorously fought against drug dealers, and has risked its own safety in attempting to curtail crime in this area, and WHEREAS, since 1986, the South Bend Police Department has confiscated $132,336 from drug dealers; and WHEREAS, the City further acknowledges the positive impact of the four- year -old "Equitable Sharing Program" administered by the U. S. Marshals Service, and state and local police, who help federal agents in drug seizures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly commends the South Bend Police Department for all of its efforts in fighting illegal drugs in our community. SECTION II. The Council acknowledges that since 1986, the South Bend Police Department has confiscated more money and property from drug dealers than any other police agency, except the Indiana State Police. SECTION III. The Common Council gives its wholehearted support to the continuing efforts of the South Bend Police Department in the tremendously dangerous task of eradicating illegal drugs from our community. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. STEPHEN LUECKE, FIRST DISTRICT DONALD NIEZGODSKI, SECOND DISTRICT ANN PUZZELLO FOURTH DISTRICT LINAS SLAVINSKAS FIFTH DISTRICT WILLIAM SODERBERG, THOMAS ZAKRZEWSKI, THIRD DISTRICT SIXTH DISTRICT SEAN COLEMAN, AT LARGE LORETTA DUDA, AT LARGE JOHN VOORDE, AT LARGE A public hearing was held on the resolution at this time. Council Member Don Niezgodski made the presentation on the bill. He commended Chief Marciniak and Captain Vince Smith, Special Operations for a job well done in their efforts to fight illegal drugs in our community. Police Chief Ron Marciniak, spoke in favor of the bill. Vincent Smith, Captain, Special Operations, South Bend Police Department, spoke in favor of the bill. He indicated that the South Bend Police Department came in 2nd in the state on cracking -down on illegal drugs. 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 eight ayes. RESOLUTION NO. 1742 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE INDIANA GENERAL ASSEMBLY TO AMEND THE RELEVANT STATE LAWS TO ENABLE THE MUNICIPAL BUDGET PROCESS TO BE CONDUCTED MORE EFFICIENTLY AND EFFECTIVELY. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that municipalities throughout the State of Indiana are governed by a myriad of state laws addressing the levying of taxes and the fixing of rates of taxation; and WHEREAS, those taxes are dependant upon the assessed valuation of the governmental entities which are determined by the various township assessors throughout the state; and WHEREAS, pursuant to current state law the tax rate must be legally published in early August; and WHEREAS, the assessed valuation is not known until October; and WHEREAS, this time difference results in a growing concern that the process becomes less than meaningful and discourages public participation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, respectfully requests that the state and local governmental officials involved in the budgetary process begin to have meaningful discussions on this statewide issue. SECTION II. The City of south Bend offers its positive support and assistance in addressing these concerns so that the public process of fixing rates of taxation and the levying of taxes becomes more effective and efficient. SECTION III. The City of South Bend, Indiana, recommends that the motor vehicle highway (MVH) allocation process be specifically reviewed in order to create a more equitable process of allocating such funds to cities and counties. SECTION IV. The City of South Bend recommends that other governmental entities join in this endeavor so that the process can be improved and encourages discussion of it at the upcoming meeting of the Indiana Association of Cities and Towns (TACT) in September; and further encourages discussion state and local governmental representatives. 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. STEPHEN LUECKE, FIRST DISTRICT DONALD NIEZGODSKI, SECOND DISTRICT WILLIAM SODERBERG, THIRD DISTRICT ANN PUZZELLO FOURTH DISTRICT LINAS SLAVINSKAS FIFTH DISTRICT THOMAS ZAKRZEWSKI, SIXTH DISTRICT SEAN COLEMAN, AT LARGE LORETTA DUDA, AT LARGE • It1� Presented to, signed, and approved by Mayor August, 1989. E. AT�TJE_ST^ Irene K. Gammon A public hearing was held on the resolution and Slavinskas made the presentation on the budget process could be made easier on local could be computed more effectively and effic, South Bend, spoke in favor of the bill. He months, the City Administration and the Coun, The task of balancing a budget of that magni accomplish, when the information on assessed budget time. Council Member Niezgodski made seconded by Council Member Voorde. The reso of eight ayes. Council Member Puzzello indicated that the n Council will be September 25, 1989. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of Committee of the Whole on Monday, August 28; present. Chairman Luecke presiding. BILL NO. 46 -89 A BILL OF THE COMMON COM AMENDING CHAPTER 13 OF TF ARTICLE 8 ENTITLED "DEFAC Council Member Slavinskas sponsored this bil bill indefinitely, seconded by Council Membe BILL NO. 71 -89 A BILL OF THE SOUTH BEND FROM THE SOUTH BEND HAZ -N This being the time heretofore set for publ proponents and opponents were given an oppor of Services made the presentation on the bil interest of public health, safety and welfar appropriated from the South Bend Haz -Mat Fun suits to be used by the Haz -Mat Fund. Counc recommend this bill to Council favorable, se The motion carried. BILL NO. 75 -89 E. Kernan, This day of this time. Council Members Coleman solution. The indicated the the overnmental units if the tax rates ntly. Joseph Kernan, Mayor, City of dicated that for the past five 1 have been in budgetary procedures. de can be very difficult to aluation is not accessible prior to motion to adopt this resolution, tion was adopted by a roll call vote meeting of the South Bend Common City of South Bend met in the 89, at 7:20 p.m., with eight members L OF THE CITY OF SOUTH BEND, INDIANA, MUNICIPAL CODE BY THE ADDITION OF NEW .ENT AND DAMAGE TO PUBLIC PROPERTY." and made a motion to continue this Soderberg. The motion carried. MON COUNCIL APPROPRIATING $10,000.00 FUND. hearing on the above bill, nity to be heard. Dan Mirocha, Chief He indicated that in the best that $10,000.00 should be for the purchase of two encapsulated Member Soderberg made a motion to nded by Council Member Slavinskas. A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1990, AND ENDING DECEMBER 31, 1990, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Katherine Humphreys, City Controller, made the presentation on the bill. She indicated that Bill No. 75 -89 has some amendments and will be read into the record as follows: Reduce the following: Communication Center $137,892; Group Health Insurance $360,172; Travel /Instruction $10,000; Code Inspector $19,263; Capital Items (400 Accts) $473,080 for a total of $1,000,407. Reduce: Unsafe Building Fund $35,000. Increase: Code Enforcement $892.00; Economic Development $60,234. Council Member Voorde made a motion to amend this bill, seconded by Council Member Zakrzewski. The motion carried. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Niezgodski. The motion carried by a roll call vote of six ayes, two nays (Soderberg, Slavinskas). IME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Katherine Humphreys, City Controller made the presentation on the bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Niezgodski. The motion carried. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED CChailrman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:35 p.m. Council President Puzzello presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8011 -89 AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL APPROPRIATING $10,000.00 FROM THE SOUTH BEND HAZ -MAT FUND. This bill had third reading. Council Member Slavinskas made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8012 -89 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1990, AND ENDING DECEMBER 31, 1990, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Luecke. 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 six ayes and two nays (Soderberg, Slavinskas). ORDINANCE NO. 8013 -89 AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1990. This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8014 -89 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CENTURY CENTER FUND AND THE PARKING GARAGE FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1990 AND ENDING DECEMBER 31, 1990, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had third reading. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 1743 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS EAST RIDGE CONDOMINIUM AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement has been filed with the City - Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as EAST RIDGE CONDOMINIUMS, South Bend, Indiana, and which is more particularly described as follows: Beginning S.E. Corner Corby and Niles continuing approximately .901 ac 1- 37 -2E. Beginning 220.51' E. of S.E. Corner Corby and Niles TR PC Cont 0.1613 AC Sec 1 -37 -2E 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., et seq., 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, et seq. and South Bend Municipal Code section 2 -76, et seq., 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 from completed by the I Petitioner meet the requirements of I.C. 6 -1. - 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code S ction 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 indivi uals 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 deduction, all of which satisfy the requirements of I.C. 6 -l.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 II of the Petition for Real Property Tax Abatement Consideration and that the 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 by designated an Economic Revitalization Area and hereby adopts a resolution I 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 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 dedullction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Renal 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 adoption by the Common Council and approval s /Ann Puzzello A public hearing was held on the Resolution at Jefferson, made the presentation on the resolu land is approximately 1.06 acres, and the proj condominiums, 1100 to 1500 sq. ft. The units next twelve to eighteen months. Construction completed in December, 1990. The project will jobs within the first year representing an ann maintain 3 full time and 2 part time jobs with The total project cost is estimated at $1,300, a motion to adopt this resolution, seconded by resolution was adopted by a roll call vote of force and effect from and after its the Mayor. counc this time. Bill Elliott, 918 E. ion. He indicated that the existing ct will consist of 13 -15 ill be constructed and sold over the ill start in July and will be create 6 new permanent full time al payroll of $62,000 and will and existing payroll of $70,000. 00.00. Council Member Coleman made Council Member Zakrzewski. The ine ayes. RESOLUTION NO. 1744 -89 A RESOLUTION OF PHE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIG ATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 530 NILES AVENUE AN ECONO 'IC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR ORKIN, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 530 Niles Av., South Bend, Indiana, and which is more particularly described as follows: That part of Outlot 47 is "Samuel L. Cottrell's First Addition to the Town of Lowell" as recorded in the records of St. Joseph County, Indiana which is described as: Beginning on the West line of Lot #7 at a Point 106.99 ft. South of the N.W. Corner of said Lot; thence, South, 67.25 ft,; thence East to the East line of said Lot; thence, North, 67.25 ft.; thence, West to the Point of Beginning. EXCEPTING: the East 7.00 ft. thereof. 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 et seq., 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, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits from completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et se g., 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 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 Statement of Benefits set forth as sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits 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 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 two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Bill Elliott, 918 E. Jefferson, made the presentation on the bill. He indicated that project proposes to renovate the property at 530 Niles Av. The renovation will include, roof repair,, total interior makeover, new partitions, doors, floor covering and wall treatment, new electrical, plumbing, and HVAC, parking lot surfacing and fencing. He stated that upon completion the work the building will be leased to Orkin, Inc. for their five county sales and service office for pest control services. He indicated that the project will create three (3) permanent full time jobs within the first year, representing an annual payroll of $36,000 and will maintain 3 full time and 1 part time jobs with an existing payroll of $48,000. The total project cost is estimated at $30,000. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrze ski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1745 -89 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, IiNDIANA COMMONLY KNOWN AS THE NORTHEAST CORNER OF PORTAGE AND MAPLE ROADS TO BE AN ECONOMIC REVITA. IZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR HURWICH FARMS. WHEREAS, the Common Council of the City of Declaratory Resolution designating certain Revitalization Areas for the purpose of tax WHEREAS, a Declaratory Resolution designated Northeast Corner of Portage and Maple Roads described as follows: A parcel of land being the East Half of Township 38 North, Range 2 East, City of Joseph County, Indiana and being more pa Commencing at the center of said Section line of the Southwest Quarter of said Sec thence along a course having a deflection the preceding described course, a distanc having a deflection angle of 45 - 00' to course,a distance of 38 feet; thence alon of 45 - 00' to the right from the precedi . feet; thence along a course having deflec from the preceding described course, a di beginning for this description; thence co . projection of said last described course, course having a deflection angle of 90 - 00 ' from the preceding described along a course parallel with the East lin Section 22, a distance of 99.71 feet; the with the North line of the Southwest Quar 260 feet; thence Northwesterly along a co' public road now known as Portage Road, a course having a deflection angle of 90 - described course, a distance of 270 feet, said Portage Road a distance of 662 feet, having deflection angle of 90 - 00' to th course, a distance of 413 feet, more or 1 containing 4.87 acres more or less. Subject to the legal rights of a public restrictions of record. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declara before the Council has been published pursua WHEREAS, the Council held a public hearing f remonstrances and objections from interested WHEREAS, the Council has determined that the revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Indiana, as follows: h Bend, Indiana has adopted a s within the City as Economic tement consideration; and area commonly known as the which is more particularly Southwest Quarter of Section 22, th Bend, German Township, St. ularlv described as follows: ; thence Southerly along the East on 22, a distance of 1140 feet; ngle of 70 - 30' to the right from of 500 feet; thence along a course e left from the preceding described a course having a deflection angle described course, a distance of 160 on angle of 90 - 00' to the right ance of 70 feet to the place of inuing along the Northwesterly distance of 10 feet; thence along a ourse, 54.09 feet; thence Northerly of the Southwest Quarter of said e Westerly along a course parallel r of said Section 22, a distance of se parallel with the centerline of a stance of 458 feet; thence along a ' to the left from the preceding ore or less, to the centerline of ore or less; thence along a course left from the preceding described s to the place of beginning and any easements, covenants or y Resolution and the public hearing to Indiana Code 6 -1.1- 12.1 -2.5; and the purposes of hearing all rsons; and ications 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 Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and it limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax for a period of three (3) years. SECTION III. This Resolution shall be in f adoption by the Common Council and approval A public hearing was held on the Resolution Attorney, 205 W. Jefferson Blvd., made the p that this property is not located in a Econo this project will generate $492,000 in taxes abatement, and it only generates $7,200 per there will be 484 apartments, an office /club force and effect from and after its the Mayor. this time. Timothy Hartzer, entation on the bill. He indicated Revitalization area. He indicated er the next three years, with the r at the present time. He indicated se, swimming pool and a lake, for a -- - RFMTT,AR -MFRT-ING - -- AUGUST- 28.-::n89 - - - - - -- - - - - total cost of $9,095,000. He indicated that the first apartment are expected to be ready for occupancy a year from now, with all of the apartments completed within two years if construction and occupancy go as planned. Donald Schefineyer, Park View Associates, spoke opposed to the resolution. He indicated that the abatement represented an unfair competitive advantage for other apartment complex developers. He stated "This is an upper middle class project in the suburbs,." Paul Hass, 19879 Kingsway, spoke opposed to the resolution. He contended that the tax break will allow the project to reduce rents by up to $87.50 a month. He stated that a reduction like that could jeopardize the Pointe at St. Joseph Project. Margot Doyle, 1903 Cross Creek Dr., spoke opposed to the resolution. She indicated that the passage of this resolution could create an unlevel playing field. 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 five ayes and three nays (Soderberg, Slavinskas, Coleman). BILLS, FIRST READING BILL NO. 78 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE NORTH SIDE OF HEPLER STREET 231 FEET EAST OF 34TH STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Slavinskas made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 79 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALL STREETS AND ALLEYS SOUTH OF EWING AVENUE AND PRAIRIE AVENUE (AT THE NORTH) RUNNING SOUTH TO THE SOUTH LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, AND FROM LOCUST ROAD EAST TO GRANT STREET, EXCEPT 152.9 FEET OF IRVINGTON STREET EAST OF LOCUST ROAD, AND 125 FEET OF WARREN STREET SOUTH OF EWING STREET. GRANT STREET VACATED, EXCEPT 166 FEET SOUTH OF EWING AVENUE. This bill had first reading. Council Member Slavinskas made a motion to set this bill for second reading and public hearing September 25, 1989, seconded by Council Member Voorde. The motion carried. UNIFINISHED BUSINESS Council Member Slavinskas hearing and second readin, BILL NO. 49 -89 - REZONE BILL NO. 50 -89 - REZONE BILL NO. 53 -89 - REZONE made a motion to set the following bills for public 3 for the various dates indicated below: 18106 IRELAND RD., for November 13, 1989. 415 SOUTH LOGAN, for September 25, 1989. 1405, 1407, 1409, 1411 AND 1413 W. WESTERN AV. AND 330 SOUTH CHERRY ST. for September 25, 1989. BILL NO. 59 -89 - REZONE S.W. CORNER JACKSON & GRASS ROADS AND THE S.W. CORNER OF JOHNSON & HICKORY RDS., for September 25, 1989. BILL NO. 60 -89 - REZONE 306 & 310 NORTH IRONWOOD DR., September 25,1989 BILL NO. 61 -89 - REZONE 18211 & 18239 IRELAND RD., October 9, 1989. 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 Niezgodski. The motion carried and the meeting was adjourned at 8:40 p.m. ATTEST: City Clerk APPROVED: