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HomeMy WebLinkAbout10-09-89 Council Meeting MinutesREGULAR MEETING OCTOBER 9, 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, October 9, 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 September 25, 1989 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Ann Puzzello Council Member Coleman made a motion that the minutes of the September 25, 1989, meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. RESOLUTION NO. 1751 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING OCTOBER 7TH THROUGH OCTOBER 14TH, 1989, AS BOY SCOUTS OF AMERICA'S "SCOUTING FOR FOOD GOOD TURN PROJECT" WEEK. WHEREAS, studies have shown that more than twenty million Americans go hungry at some time every month; and WHEREAS, between 1983 and 1985, the average number of households in America seeking emergency food increased by almost forty percent; and WHEREAS, the Boy Scouts of America's Good Turn traces back to when an American businessman was lost in a London fog, and a Boy Scout helped him, from this incident the Boy Scouts of America was founded; and WHEREAS, The Boy Scouts of America National Good Turn Project for 1989 will be the collection of non - perishable food; and WHEREAS, the Northern Indiana Council of the Boy Scouts of America will sponsor its Second Annual "Scouting for Food Good Turn Project" during the week of October 7th - 14th; and WHEREAS, last year the Boy Scouts collected over 63,000 food items for distribution across Northern Indiana; and WHEREAS, the goal of the Northern Indiana Council of the Boy Scouts of America for 1989 is to collect 120,000 cans of food which will be given to the needy. 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, publicly commends the Northern Indiana Council of the Boy Scouts of America for sponsoring its second annual "SCOUTING FOR FOOD GOOD TURN PROJECT." SECTION II. The Common Council hereby declares the week of October 7th through October 14, 1989, as Boy Scouts of America's "Scouting for Food Good Turn Project ", in South Bend, Indiana. SECTION III. The Council encourages all citizens of the City to donate non - perishable food items to the Northern Indiana Council of the Boy Scouts of America, so that they can surpass their goal of collecting 120,000 cans of food for the needy. SECTION IV. The Common Council publicly congratulates all of the scouts, their leaders, and all concerned citizens who will be participating in such a worthwhile and caring community project. 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, ANN PUZZELLO FIRST DISTRICT FOURTH DISTRICT DONALD NIEZGODSKI, SECOND DISTRICT WILLIAM SODERBERG, THIRD DISTRICT LINAS SLAVINSKAS FIFTH DISTRICT THOMAS ZAKRZEWSKI, 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 Puzzello made the presentation on the resolution. She indicated that last year the Boy Scouts collected over $63,000 food items for distribution across Northern Indiana. Joe Zakas, 16372 Wild Cherry Drive, Granger, IN spoke in favor of the resolution. He indicated that he is the Honorary Chairman for the event this year, and that this is the second annual "Scouting for Food Good Turn Project" during the week of October 7th - 14th. He indicated that the Boy Scout's go door to door collecting food for the needy. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. BILLS, SECOND READING BILL NO. 41 -89 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2004 S. TWYCKENHAM 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 this bill to the Council favorable, as amended. Kevin Joyce, Area Plan Commission, gave the staff report. Council Member Coleman made a motion to amend this bill by substitution, seconded by Council Member Soderberg. The motion carried. Thomas Allen, 61550 S. Fellows, made the presentation on the bill. He indicated that he is requesting a zoning change from "A" Residential "A" Height & Area to "B" Residential, "A" Height & Area to allow for a Dental /Professional /Business Office. Council Member Coleman made a motion to recommend unfavorable as amended, seconded by Council Member Niezgodski. The motion carried by a roll call vote of six ayes and three nays (Council Members Soderberg, Slavinskas, Voorde) BILL NO. 53 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1405, 1407, 1409, 1413 W. WESTERN AV., AND 330 S. CHERRY IN THE CITY OF SOUTH BEND, INDIANA. This bill was continued in the Council portion from the September 25, 1989 meeting of the Common Council. Kevin Joyce - gave a brief review of the staff report as requested by the Council. Council Member Niezgodski made a motion to recommend this bill unfavorable as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 61 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 18211 IRELAND RD., IN THE CITY OF SOUTH BEND, INDIANA, AND 18239 IRELAND RD., 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 Soderberg made a motion to suspend the rules to allow for second reading and public hearing, seconded by Council Member Puzzello. The motion carried. Council Member Slavinskas stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable. Edward Hardig, Attorney, 205 W. Jefferson Blvd., made the presentation on the bill. He indicated that the petitioners are requesting a zoning change from "R" Residential, "R" Height & Area to "C" Commercial, "C" Height & Area to allow for the construction of a laundromat, cleaners and car wash. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 69 -89 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 618 N. LELAND, IN THE CITY OF SOUTH BEND. BILL NO. 70 -89 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 607 N. LELAND, IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas made a motion to combine both bills for the purpose of public hearing, seconded by Council member Coleman. The motion carried. Council Member Slavinskas stated that the Zoning & Vacation Committee met on this bills to Council favorable. John Oxian, Vice President, Committee, and Acting Director, made the presentation on Coleman made a motion to recommend Bill,No. 69 -89 to the seconded by Council Member Coleman. The motion carried. made a motion to recommend Bill No. 70 -89 to the Council Council Member Coleman. The motion carried. BILL NO. 78 -89 This being the t and opponents we stated that the meeting, due to the presentation height and area Height and Area made a motion to Member Coleman. BILL NO. 122 -88 A BILL AMENDING THE NORTH SIDE OF HEPLER EAST OF 34TH STREET gill and recommends both Historic Preservation the bills. Council Member Council favorable, Council Member Zakrzewski favorable, seconded by ZONING ORDINANCE FOR STREET 231 FEET IN THE CITY OF SOUTH PROPERTY LOCATED ON THE BEND, INDIANA. ime heretofore set for public hearing on the above bill, proponents re given an opportunity to be heard. Council Member Slavinskas Zoning & Vacation Committee did not hear this bill at the committee the lack of a presenter. Kevin Joyce, Area Plan Commission, made on the bill. He stated that the zoning change is to allow for a requirement. It will allow a change from "A" Residential, No to "A" Residential, "A" Height and Area. Council Member Soderberg recommend this bill to the Council favorable, seconded by Council The motion carried. A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 9, ARTICLE 4, COMMONLY KNOWN AS LEAF BURNING AND AIR POLLUTION CONTROL. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman made a motion to amend this bill by substitution, seconded by Council Member Niezgodski. The motion carried. Loretta Duda, Council Member At Large, made the presentation on the bill. She indicated that she is a member of the Leaf Task Force Committee. She indicated that the Task Force had recommended that leaf burning should be banned in the City of South Bend. She stated that the burning ban will benefit residents with breathing difficulties who can be affected adversely, often severely, by smoke from burning leaves. Richard Miller, 226 E. Navarre, spoke in favor of the bill. He indicated that the Council has the opportunity to save lives and save a lot of senior citizens money on their medical bills. He stated that the citizens of South Bend will have the opportunity to breathe clean air. Jim Caldwell, Administrative Assistant to the Mayor, spoke in favor of the bill. He indicated that the program Operation Re -Leaf will be carried out by using 63 Street Department workers and 30 temporary employees. Pam Calmus - Burnette, and Brandon Burnette, 1906 Magyar Ct., spoke in favor of the bill. They urged the Council to vote in favor of this bill. They stated that residents in the City of South Bend will have the opportunity to breathe clean air. Richard Thompson, 1310 N. Lafayette Blvd., spoke in favor of the bill. He stated that he does not believe that this bill is perfect. He believes that it is an experimental bill and a step in the right direction. Joe Guentert, 3510 Corby Blvd., asked a question on whether or not other lawn waste could be burnt. Council Member Coleman made a motion to recommend this bill as amended to the Council favorable, seconded by Council Member Niezgodski. The motion carried. BILL NO. 82 -89 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $25,000.00 FROM THE EMS CAPITAL IMPROVEMENT 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 Soderberg indicated that the Public Safety Committee met on this bill and recommends it to the Council favorable. Fire Chief Luther Taylor, 2529 Gordon Circle, made the presentation on the bill. He indicated that the bill requests an appropriation for two cardiac heart monitors, and to replace the boiler at Fire Station #5 on Prairie Av. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 83 -89 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING FUNDS FROM THE LEAF COLLECTION & REMOVAL SERVICES OPERATIONAL FUND. 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 the bill establishes a non - reverting "Leaf Collection and Removal Services" Operation Fund. She indicated that the deposits therein will be used for the acquisition of equipment for the collection and removal of fallen leaves; for the maintenance, operation, upkeep and depreciation of and repair to such equipment; for wages, salaries and benefits of personnel operating such equipment and otherwise performing services related to the removal of leaves throughout the City of South Bend, Indiana and other personnel - related expenses; for equipment replacement and upkeep to the extent not provided for through depreciation; and for the payment ofinterest charges on debts and other obligations. She indicated that the bill needs to be amended to eliminate 5,000 from equipment repair Acct. #655- 000 -23- 4363.00 and 32,000 from other equipment Acct. #655- 000 -23- 4429.00. Council Member Coleman made a motion to amend this bill, seconded by Council Member Voorde. The motion carried. Council Member Coleman made a motion to recommend this bill favorable as amended, seconded by Council Member Voorde. The motion carried. BILL NO. 84 -89 A BILL APPROPRIATING $750,000 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 recommends it to the Council favorable. Dave Norris, West Washington Project Manager, Economic Development Department, made the presentation on the bill. He indicated that the bill would allow for $750,000 to be appropriated for use in the West Washington /Chapin Revitalization Area. He stated that the funds will be used for acquisition, relocation, clearance, commercial and or housing rehab, public works and loan repayment costs. Bobby Newbill, 1306 W. Washington, spoke opposed to the bill. He indicated that the bill does not include his business in the WWCRP program. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 85 -89 A BILL APPROPRIATING $350,000 TO ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ann Kolata, Deputy Executive Director, Economic Development, made the presentation on the bill. She indicated that the bill is an amended bill to eliminate $335,000 from the UR89 -003 project, Acquisition Fund. She indicated that the money was going to be used to acquire the vacant Opelika Building, located on the East Race. She indicated that the Department of Economic Development and the owner of the building are trying to work together to develop the structure. Council Member Coleman made a motion to amend this bill, seconded by Council Member Duda. Joseph Guentert, 3510 Corby, Blvd, asked the specific address and location of the building. Council Member Niezgodski made a motion to recommend this bill favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 86 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A DEDICATED BUT UNIMPROVED STREET WITHIN THE CITY OF SOUTH BEND, INDIANA KNOWN AS NUTEK DRIVE. 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, Chairman, Zoning & Vacation Committee stated that the committee met on this bill and recommends it to the Council favorable. Peter J. Nemeth, 307 First Interstate Bank, 112 W. Jefferson Blvd., made the presentation on the bill. He indicated that the purpose of the vacation is to clear title to the real estate to be platted as Lot 8, Landmark Business Park Section Six, Part One, by eliminating the dedicated right -of -way for Nutek Drive. Council Member Voorde made a motion to recommend this bill to Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 87 -89 A BILL TO VACATE DIVISION (NOW WESTERN) AVENUE TWENTY (20) FEET PUBLIC RIGHT OF WAY BETWEEN FRANCES STREET AND NOTRE DAME AVENUE ALL BEING IN BECKS 1ST. 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, Chairman, Zoning & Vacation Committee stated that the committee met on this bill and recommends it to the Council favorable. Bruce Zakrzewski, 901 E. Northside Blvd., Controller, Transpo, made the presentation on the bill. He indicated that the purpose of the vacation is to improve the safety and security around the South Bend Public Transportation Corporation's bus garage. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 88 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 2ND EAST -WEST ALLEY NORTH OF MARION STREET, RUNNING WEST FROM LELAND STREET FOR A DISTANCE OF APPROXIMATELY 160.3 FEET. 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, Chairman, Zoning & Vacation Committee stated that the committee met on this bill and recommends it to the Council favorable. David Fritz, 618 N. Leland Av., petitioner, made the presentation on the bill. He indicated that the purpose of the vacation is to close the alley to eliminate the traffic and high speeding cars that use the alley and an extension of Navarre St. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Voorde. The motion carried. ATTEST: City Clerk ATTEST: Chairman REGULAR MEETING RECONVENED Be it remembered that the Common Council the Council Chambers on the fourth floor Council President Puzzello presiding and BILLS. SECOND READING of the City of South Bend reconvened in of the County -City Building at 8:55 p.m. nine members present. ORDINANCE NO. 8019 -89 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 18211 IRELAND RD., IN THE CITY OF SOUTH BEND, INDIANA, AND 18239 IRELAND RD., IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Slavinskas made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8020 -89 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 618 N. LELAND, IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8021 -89 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 607 N. LELAND, IN THE CITY OF SOUTH BEND, INDIANA. This bill had second 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 nine ayes. ORDINANCE NO. 8022 -89 AN ORDINANCE 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 second reading. Council Member Voorde 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. 8023 -89 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 9, ARTICLE 4, COMMONLY KNOWN AS LEAF BURNING AND AIR POLLUTION CONTROL. This bill had second reading. Council Member Duda 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 Duda 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. 8024 -89 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $25,000.00 FROM THE EMS CAPITAL IMPROVEMENT FUND. This bill had second reading. Council Member Soderberg 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. 8025 -89 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING FUNDS FROM THE LEAF COLLECTION & REMOVAL SERVICES OPERATIONAL FUND. This bill had second reading. Council Member Luecke 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 Luecke made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of eight ayes and one nay (Council Member Zakrzewski.) ORDINANCE NO. 8026 -89 AN ORDINANCE APPROPRIATING $750,000 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 Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8027 -89 AN ORDINANCE APPROPRIATING $350,000 TO ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had second reading. Council Member Luecke 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 Luecke made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of eight ayes and one nay (Council Member Soderberg.) ORDINANCE NO. 8028 -89 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A DEDICATED BUT UNIMPROVED STREET WITHIN THE CITY OF SOUTH BEND, INDIANA KNOWN AS NUTEK DRIVE. This bill had second reading. Council Member Voorde 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. 8029 -89 AN ORDINANCE TO VACATE DIVISION (NOW WESTERN) AVENUE TWENTY (20) FEET PUBLIC RIGHT OF WAY BETWEEN FRANCES STREET AND NOTRE DAME AVENUE ALL BEING IN BECKS 1ST. This bill had second reading. Council Member Voorde made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8030 -89 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 2ND EAST -WEST ALLEY NORTH OF MARION STREET, RUNNING WEST FROM LELAND STREET FOR A DISTANCE OF APPROXIMATELY 160.3 FEET. This bill had second 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 and one nay Council Member Soderberg.) RESOLUTIONS RESOLUTION NO. 1752 -89 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS EAST RIDGE CONDOMINIUMS TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT. 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 East Ridge Condominiums and which is more particularly described as follows: Beginning SE corner Corby and Niles continuing approximately .901 Ac 1- 37 -2E. Beginning 220.51; E of SE corner Corby and Niles TR PC cont 0.1613 Ac sec 1- 37 -2E. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) 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 /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Bill Elliott, 918 E. Jefferson Blvd., made the presentation on the bill. He indicated that the project will consist of 13 -15 unit condominium project, consisting of approximately 1100 to 1500 sq. £t. He state that units will sell from approximately $87,000 to $148,000. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILL NO. 89 -69 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 530 NILES AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR ORKIN PEST CONTROL, INC. A public hearing was held on the Resolution at this time. Bill Elliott, 918 E. Jefferson Blvd., made the presentation on the bill. Ann Kolata, Deputy Executive Director, spoke on this bill. She indicated to the Council that the Department of Economic Development's Design Review Committee would like to meet on this project again before the Council passes the confirming resolution. Council Member Voorde made a motion to continue this bill to the October 23, 1989 meeting in the Council Portion, seconded by Council Member Coleman. The motion carried. BILL NO. 89 -75 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 209 N. MAIN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR "MAIN STREET ROW ". A public hearing was held on the resolution at this time. John Martell, P. O. Box 3188, Partner Main Street Row, made the presentation on the bill. He indicated that the building is the former "Christman Building" which is to be renamed "Main Street ROW" will be completely renovated. Including new exterior face, heating, ventilating and air conditioning, and electrical. Council Member Voorde made a motion to continue this bill indefinitely, seconded by Council Member Slavinskas. The motion carried. BILLS. FIRST READING BILL NO. 89 -89 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3718 W. WESTERN AV., IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 90 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2909 WESTERN AV., IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 91 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 718 LINCOLNWAY EAST, SOUTH BEND, INDIANA, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Voorde. The motion carried. BILL NO. 92 -89 A BILL INCREASING APPWPRIATIONS AND REDUCING APPROPRIATIONS WITHIN THE VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS FUND. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing October 23, 1989, seconded by Council Member Voorde. The motion carried. BILL NO. 93 -89 A BILL VACATING CERTAIN UNNAMED AND UNIMPROVED PUBLIC RIGHTS -OF -WAY OVER AND ON THE MAPLE LANE SCHOOL PROPERTY. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing October 23, 1989, seconded by Council Member Voorde. The motion carried. NEW BUSINESS Council Member Coleman made a statement that the St. Joseph County Hospice is having their annual walk on October 15, 1989, and he is the Council Representative. He stated that he would like all to the Council to pledge for Hospice. PRIVILEGE OF THE FLOOR Beverlie J. Beck, 1630 E. Randolph, spoke regarding her husband's parking tickets. She asked the Council to explain the definition of parkway. 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 9:40 p.m. ATTEST: City Clerk APPROVED: nt