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HomeMy WebLinkAbout07-08-96 Council Meeting MinutesREGULAR MEETING JULY 8, 1996 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, July 8, 1996, 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, Pfeifer, Kelly, Broden, Varner, Zakrzewski, Coleman Hosinski and Washington 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 June 24, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the June 24, 1996, meeting be accepted and placed on file, seconded by Council Member Luecke. The motion carried. REPORT OF CITY OFFICES Johnny Martinez, director of Potawatomi Zoo, reported that they have done major renovations at the Zoo and this was accomplished in- house. He introduced Karen Harrington, who is in charge of the educational department, who reported they have implemented some new programs, and have applied for grants for computers and audiovisual equipment. Johnny Martinez said that attendance at the zoo has been effected by the rain, and some of the attractions had to be canceled. He brought a cub Bengal tiger for the Council to see and pet. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded seconded by Council Member Zakrzewski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:10 p.m. with nine members present. Chairman Washington presiding. BILL NO. 26 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF SUNNYMEDE AVE., FROM THE EAST RIGHT -OF -WAY LINE OF S. TWYCKENHAM DR., TO THE PROPERTY OF LOT 873, WHITCOMB AND KELLER'S FOURTH ADDITION TO SUNNYMEDE, RUNNING ADJACENT TO GRAND TRUNK WESTERN RAILWAY FOR A DISTANCE OF APPROXIMATELY 164 FEET AND A WIDTH OF 16 FEET. PART SITUATED IN WHITCOMB AND KELLER'S FOURTH ADDITION TO SUNNYMEDE IN THE CITY OF SOUTH BEND. Council Member Luecke made a motion to continue public hearing on this bill until July 22, seconded by Council Member Coleman. The motion carried. BILL NO. 17 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1708 HIGH STREET, IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING JULY 8, 1996 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 accept the substitute bill on file with the City Clerk, seconded by Council Member Luecke. The motion carried. Council Member Zakrzewski reported that the Zoning and Annexation Committee had met on thisbill and recommended it to the Council favorable. John Byorni, Sr. Planner - Area Plan, indicated the petitioners were requesting a rezoning from "B" and "A" residential to "B" residential "A" Height and Area for an existing medical office building. He reported that the Area Plan Commission sends this petition to the Council with a favorable recommendation. Bruce Bancroft, attorney for Memorial Health Systems, made the presentation for the bill. He indicated this facility supplies a variety of services to the community, and is requesting the rezoning in order to have the entire property zoned the same. He reported that at the present time there are two lots that are zoning "A" residential. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 47 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING SIXTY -FIVE THOUSAND DOLLARS ($65,000) FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND (FUND 210) 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 reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Ann Kolata, Redevelopment director, made the presentation for the bill. She indicated this bill appropriates moneys granted from the State of Indiana related to the construction, design and demolition of certain site improvements to develop land in the Blackthorn Development area. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 48 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $265,675.00 FROM THE GENERAL FUND TO FUND UST REMOVAL AND EXPANSION OF THE MUNICIPAL SERVICES BUILDING Council Member Luecke made a motion to continue public hearing on this bill until July 22, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Luecke. The motion carried. ATTEST: l LZA_ ity C k / — REGULAR MEETING RECONVENED ATTEST: Chairman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:20 p.m. Council President Kelly presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8690 -96 AN ORDINANCE AMENDING THE ZONING 1 1 1 REGULAR MEETING JULY 8, 1996 ORDINANCE FOR PROPERTY LOCATED AT 1708 HIGH STREET, IN THE CITY OF SOUTH BEND, INDIANA 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 Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8691 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING SIXTY -FIVE THOUSAND DOLLARS ($65,000) FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND (FUND 210) This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. RESOLUTIONS Council Member Luecke made a motion to combine public hearing on the next two resolutions, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2381 -96 A RESOLUTION CONFIRMING THE ADOPTION OF .A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 594, VERNON HEIGHTS ADDITION AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR VALUE PLUS CONSTRUCTION, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as, Lot 594, Vernon Heights Addition, South Bend, Indiana, and which are more particularly described as follows: LOT 594 VERNON HEIGHTS ADDITION which has tax key number 18- 2096 -3648, as Residentially Distressed Areas; 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 a residentially distressed 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 determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: REGULAR MEETING JULY 8, 1996 A. At least thirty -five percent (35 %) of the parcels are currently vacant; B. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; C. A significant number of dwelling units in the areas are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; D. The areas have experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States. E. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. F. That the description of the proposed redevelopment meets the applicable standards for such development. G. That the estimate of the value of the redevelopment is reasonable for projects of this nature; H. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and I. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. The deduction will not be allowed unless the dwelling rehabilitation is completed within Five (5) calendar years from the date of the adoption of the Declaratory Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council RESOLUTION NO. 2382 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS 5,6, & 7 JACKSON SUB (UNRECORDED) AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR VALUE PLUS CONSTRUCTION, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas C REGULAR MEETING JULY 81 1996 within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as, Lots 5, 6 & 7, Jackson Sub (unrecorded) South Bend, Indiana, and which are more particularly described as follows: LOTS 5, 6 & 7 JACKSON SUB (UNRECORDED) which has tax key numbers 18- 2111 -4089, 18- 2111 -4088 and 18 -2111- 4084 as Residentially Distressed Areas; 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 a residentially distressed 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 determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. At least thirty -five percent (35 %) of the parcels are currently vacant; B. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; C. A significant number of dwelling units in the areas are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; D. The areas have experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States. E. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. F. That the description of the proposed redevelopment meets the applicable standards for such development. G. That the estimate of the value of the redevelopment is reasonable for projects of this nature; H. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and I. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. The deduction will not be allowed unless the dwelling rehabilitation is completed within Five (5) calendar years from the date of the adoption of the Declaratory Resolution by the Common Council. REGULAR MEETING JULY 8, 1996 SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolutions at this time. Tom Ford, president of Value Plus, asked the Council to adopt these resolutions, which will represent ten new homes in a residentially distressed area. Council Member Coleman made a motion to adopt Resolution No. 2381 -96, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 2382 -96, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2383 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 211 -213 S. MICHIGAN TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR ROBERTSON'S BUILDING 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 211 -213 S. Michigan, South Bend IN, and which is particularly described as follows: A part of Lots Numbered Two Hundred Eighty -four (284), Two Hundred - Eighty -five (285), Two Hundred Eighty -six (286) and Two Hundred Eighty -seven (287) as shown on the Original Plat of the Town, now City, of South Bend, which part is bounded by a line running as follows: Beginning on the West line of Michigan Street, in said City, at a point 87 feet, 5 7/8 inches South of the Northeast corner of Lot Numbered 283 as shown on the said Original. Plat; thence running South on said West line of Michigan Street, a distance of 192.2 feet to a point 5 3/8 inches South of the Northeast corner of Lot Numbered 287 in said Plat; thence West 165 feet more or less to the West line of said Lot 287; thence North along said West line 73 feet 5 3/8 inches to the centerline of a vacated 14 foot alley lying between Lots 285 and 286; thence East 44.72 feet; thence North 117.55 feet; thence East 121 feet to the point of beginning. with said real estate having the following Key Numbers 18 -2007- J 1 REGULAR MEETING JULY 8, 1996 0242.01, 18- 3007 -0244, 18- 3007 -0245 and 18- 3007 -0246 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. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et sea. 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 /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Ann Mannix, a representative of South Bend Heritage, made the presentation for the bill. She indicated this was a ten year tax abatement, with which they plan to renovate the Robertson's Building into 92 apartments, and 8,000 square feet of retail space. She indicated the building has been vacant since 1983, and they plan to start remodeling on August 5. She reported that the first year they will be paying $11,000 in taxes even with the abatement. Council Member Luecke reported that he was an employee of South Bend Heritage, but will receive no benefits from this abatement, so he will be voting on the resolution. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2384 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4622 BURNETT DRIVE SOUTH, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SM.OR.CASES, INC. 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 4624 Burnett, South Bend IN, and which is particularly REGULAR MEETING described as follows: JULY 8, 1996 Lot Number Seven A (7A) as shown on the recorded plot of Burnett Industrial Park Replat, recorded July 10, 1990 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 9018191 with said real estate having the following Key No. 23- 1043 -3010, 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. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. 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 /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Randy Schrum, accountant, made the presentation for the bill. He indicated the petitioners planned to purchase equipment, consisting of an industrial sewing machine, a die cutter and a heat sealer, at a cost of $58,000. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2385 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 14 TOLL ROAD INDUSTRIAL PARK TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR THOMAS E. LOWE. 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 1 [1 REGULAR MEETING JULY 8, 1996 WHEREAS, a Declaratory Resolution designated the area commonly known as Lot 14 Toll Road Industrial Park, South Bend IN, and which is particularly described as follows: LOT 14 TOLL ROAD INDUSTRIAL PARK with said real estate having the following Key No. 23-1013 - 021111, 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. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council property owner is qualified for deduction for a period of three that the petition complies with Municipal Code of the City of S, 12.1 et sea. hereby determines that the and is granted Real property tax (3) years, and further determines Chapter 2, Article 6, of the Duth Bend and Indiana Code 6 -1.1- 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 /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Richard Snyder, attorney, indicated this company was requesting tax abatement to move their headquarters to South Bend. He indicated they planned to build a 900,000 square foot warehouse, and distribution center to market collectibles. He indicated the company would employ about 30 people in its first year. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2386 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE ACQUISITION BY LEASE OF CERTAIN EQUIPMENT ESSENTIAL TO THE OPERATIONS OF THE CITY WHEREAS, the Common Council of the City of South Bend, Indiana, has determined that a true and very real need exists for the acquisition of the Equipment described in the Municipal Equipment Lease - Purchase Agreement ( "Lease Agreement ") between SAFECO Credit Company, Inc. ( "Lessor ") and the City of South Bend, Indiana ( "Lessee ") presented to the Common Council at the meeting of the Common Council on the date noted hereinbelow; and WHEREAS, Lessee has carefully reviewed its financing REGULAR MEETING JULY 8, 1996 requirements for the current calendar year and reasonably expects that it will not issue more than ten million dollars ($10,000,000) of tax - exempt obligations during the calendar year; and WHEREAS, the Common Council of the City of South Bend, Indiana has determined that the Board of Public Works of the City of South Bend, Indiana, has taken the necessary legal steps, including satisfaction of any legal bidding requirements, under Indiana law to arrange for the acquisition of the Equipment. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS; 1. That the terms of said Lease agreement are in the best interests of the City of South Bend, Indiana, for the acquisition of such Equipment, and the Common Council of the City of South Bend, Indiana designates and confirms the following persons to execute and deliver, and to witness the execution and delivery, respectively, the Lease Agreement and any related documents necessary to the consummation of the transactions contemplated by the Lease Agreement. Party to Execute Lease Agreement: Party to Attest to the Execution of Lease John E. Leszczynski, President Angela K. Jacob, Clerk Board of Public Works Board of Public Works 2. That Pursuant to Section 265(b)(3) of the Internal Revenue Code, this Lease Agreement be and hereby is designated a "qualified tax - exempt obligation" includable within the ten million dollars ($10,000.000) of the aggregate issues designated as "qualified tax - exempt obligations" for the calendar year within which this Lease is entered into. 3. That the Common Council of the City of South Bend hereby represents that the reasonably anticipated amount of qualified tax - exempt obligations which have been and will be issued by the City of South Bend, Indiana does not exceed $10,000.000 for the calendar year within which this Lease Agreement is to be a "Tax exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code. 4. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member, Common Council A public hearing was held on the resolution at this time. Jeff Rinard, Deputy Controller, made the presentation for the resolution. He indicated lease agreement would be for financing a variety of equipment needs in one package. He indicated that by pooling this in one package we will be able to take advantage of 5.63% interest, for five years, and the first payment will not be due until 1997. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 49 -96 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 221 EAST SOUTH STREET, IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING This bill had first motion to refer this Member Luecke. The JULY 8, 1996 reading. Council Member Coleman made a bill to Area Plan, seconded by Council motion carried. BILL NO. 50 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 1997, 1998, 1999 AND 2000 This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on July 22, seconded by Council Member Coleman. The motion carried. BILL NO. 51 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 6, ENTITLED TAX ABATEMENT PROCEDURES OF THE SOUTH BEND MUNICIPAL CODE REPEALING ORDINANCE NO. 8668 -96 This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on July 22, seconded by Council Member Coleman. The motion carried. BILL NO. 52 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (IRONWOOD NORTH ANNEXATION) This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Annexation Committee, and set it for public hearing and third reading on August 12, seconded by Council Member Washington. The motion carried. BILL NO. 53 -96 A BILL AMENDING ORDINANCE NO. 8525 -94 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ADDRESS THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR THE CALENDAR YEAR 1997 This bill had first reading. Council Member Pfeifer made a motion to refer this bill to a combined meeting of the Public Safety and Personnel and Finance committees, and set it for public hearing and third reading on July 22, seconded by Council Member Coleman. The motion carried. BILL NO. 54 -96 A BILL OF THE COMMON COUNCIL OF THE.CITY OF SOUTH BEND, INDIANA DETERMINING THE AMOUNT OF ASSISTANCE TO BE PAID TO THE URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC., BY ZONE BUSINESSES RECEIVING A CREDIT UNDER I.C. 4 -4- 6.1 _ This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on July 22, seconded by Council Member Hosinski. The motion carried. BILL NO. 55 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ARTICLE 9 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "HUMAN RIGHTS ORDINANCE" REGULAR MEETING This bill had first reading. to refer this bill to the Pe set it for public hearing an by Council Member Coleman. JULY 8, 1996 Council Member Luecke made a motion onnel and Finance Committee, and third reading on July 22, seconded e motion carried. BILL NO. 56 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING SECTION 2- 128(1) OF ARTICLE 9 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "HUMAN RIGHTS ORDINANCE" This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on July 22, seconded by Council Member Washington. The motion carried. BILL NO. 57 -96 A BILL OF SOUTH BEN HALL OF F $108,122. FOOTBALL APPROPRIA FOOTBALL APPROPRIA RELATING COLLEGE F CENTER THE COMMON COUNCIL OF THE CITY OF ESTABLISHING THE COLLEGE FOOTBALL 9ME DEBT SERVICE FUND APPROPRIATING 56 FROM FUND 270 TO THE COLLEGE 3ALL OF FAME DEBT SERVICE FUND rING $524,416.00 FROM THE COLLEGE TALL OF FAME DEBT SERVICE FUND AND VING $597,170.00 FROM FUND 318 ALL r0 LEASE PAYMENTS OBLIGATIONS OF THE )OTBALL HALL OF FAME AND CENTURY This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on July 22, seconded by Council Member Luecke. The motion carried. BILL NO. 58 -96 FIRST REAPING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1072 -1078 LINCOLN WAY EAST, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to rea Plan, seconded by Council Member Luecke. The motion ca ried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill No. 46 -96, for public hearing and third reading on July 22, and refer it to the Zoning and Annexation Committee, seconded by Council Member Washington. The motion carried. Council Member Coleman made a motion to set Bill No. 90 -93 for public hearing and third reading on July 22, and refer it to the Zoning and Annexation Committee, seconded by Council Member Hosinski. The motion carried There being no further busine s to come before the Council, unfinished or new, Council Pr sident Kelly adjourned the meeting at 7:42 p.m. ATTEST: s.ty 1, ATTEST: President 1 1 1