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HomeMy WebLinkAbout09-23-96 Council Meeting MinutesREGULAR MEETING SEPTEMBER 23,1996 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, September 23, 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, Coleman and Washington Absent: Council Members Zakrzewski and Hosinski 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 9, meeting of the Council and found them correct. Therefore, we recommend the same be approved. ls/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the September 9, 1996, meeting be accepted and placed on file, seconded by Council Member Washington. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2404 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE SOUTH BEND HOUSING AUTHORITY IMPALA SOCCER TEAM SPONSORED BY C.O.P.E. FOR WINNING THE SOCCER LEAGUE CHAMPIONSHIP IN 1996 Whereas, the Common Council acknowledges that in 1990 the South Bend Housing Authority began a program which hired off duty South Bend Police Officers to patrol Housing Authority properties as a walking patrol security force; and Whereas, the Council notes that the Citizens Oriented Police Enforcement (C.O.P.E.) Program focuses on having police officers "Walking and Talking " with the residents in the scattered public housing developments and provides a positive police presence on a daily basis; and Whereas, the C.O.P.E. sports program promote positive recreation and social interaction for youth who might be otherwise overlooked, by providing role models and opportunities to be with such police officers; and Whereas, the youth who attend school and maintain at least a "C" average are eligible to participate on the IMPALAS "Implementing Maturity, Positively, Athletics, Leadership and Attitude." Whereas, the Common Council is proud to acknowledge the 1996 IMPALAS Championship Soccer Team: Michael Baker Cedric Burnley Brian Burnett Robert Burnett Michael Glass Carlos Huitzil Teddy Kruszka Michael Linares Tyree 011ie Alfrendo Palacios Jerimiah Holloway Edi Pena Jesse Perez Phillip Plump Darius Thomas Coach Dereck Deiter, SBPD Cpl. Coach John Szuba, SBPD Cpl. Capt. James Clark C.O.P.E. Coordinator REGULAR MEETING SEPTEMBER 23, 1996 Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the residents of the City of South Bend, Indiana, the south Bend Common Council publicly commends the 1996 IMPALAS Championship Soccer Team, their coaches, the C.O.P.E. Coordinator and staff, and the South Bend Housing Authority for being examples of positive police -youth resident interaction. Section II. The South Bend Common Council believes that each of the IMPALAS and C.O.P.E. officials, through their enthusiasm and self - discipline, enhance the quality of their own individual lives and our entire community. Section III. The South Bend Common Council wishes each of the IMPALA players continued success as they continue to be role models to their peers both on and off the soccer field. 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, 1st District Charlotte Pfeifer, 2nd District Roland Kelly, 3rd District John Broden, 4th District Loretta Duda, City Clerk David Varner, 5th District Thomas Zakrzewski, 6th District Sean Coleman, At Large John Hosinski, At Large Cleo Washington, At Large Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Pfeifer made the presentation for the resolution. She read the resolution and presented copies to the soccer team. Frank Alford, director of the South Bend Housing Authority, indicated they were very proud of the C.O.P.E. Program and what it has accomplished. He reported they took the team to Washington D.C. and the White House; and they met with the director of HUD. Jim Clark, police officer, spoke in favor of this resolution. He thanked Chief Gunn for this help on this program. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of seven ayes. REPORT OF CITY OFFICES Lynn Coleman, police division chief, reported on the Summer Youth Recreation Program. He indicated they appreciated the help received from Community and Economic Development, as well as the City Council in making this program a success. He noted there were six different sites throughout the community, and we had a police officer and a citizen employee at each site to work with the youth. He indicated they have spent right at $60,000 and plan to have a couple more events before the end of the year. Council Member Luecke made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. The motion carried. COMMITTEE OF THE WHOLE REGULAR MEETING Be it remembered that the Comm Bend met in the Committee of t members present. Chairman Was BILL NO. 75 -96 A BILL TO VACAT THE SECOND EAST WEST FROM THE W CUSHING STREET THE FIRST NORTH STREET; THE SEC NORTH OF LINCOL WAY LINE OF NOR RIGHT -OF -WAY OF OF NORTH CUSHIN SOUTH OF WEST L OF -WAY LINE OF RIGHT -OF -WAY LI EAST OF NORTH C ALLEY SOUTH OF RIGHT -OF -WAY LI EAST RIGHT -OF -W. ALLEY WEST OF N WEST ALLEY SOUT WEST RIGHT -OF -W THE EAST RIGHT - SOUTH ALLEY WES This being the time heretofore above bill, proponents and opp( be heard. Council Member Varn( and Property Vacation Committe( recommended it to the Council J presentation for the bill. He Neighborhood and South Bend Hei rehab eight units for home own( lot of pedestrian traffic in t) they were asking that the alle, Bend Heritage, indicated this j and we hope this rehab will br: these homes. She indicated th( and there is a lot of foot tra: Stephenson, 608 Cushing, spoke reported there was a lot of chi neighborhood and they were for reported that he was an employ( will not gain anything persona: conflict of interest for him t( Member Luecke made a motion to favorable, seconded by Council carried. BILL NO. 62 -96 A BILL AMENDING ESTABLISHING AN LOCATED AT LEEPI INDIANA SEPTEMBER 23, 1996 n Council of the City of South e Whole at 7:21 p.m. with seven ington presiding. THE FOLLOWING DESCRIBED PROPERTY: WEST ALLEY NORTH OF LINCOLN WAY ST RIGHT -OF -WAY LINE OF NORTH 0 THE EAST RIGHT -OF -WAY LINE OF SOUTH ALLEY WEST OF NORTH CUSHING ND AND THIRD EAST -WEST ALLEYS WAY WEST FROM THE EAST RIGHT -OF- H CUSHING STREET TO THE WEST THE FIRST NORTH -SOUTH ALLEY EAST STREET; THE FIRST EAST -WEST ALLEY NDSEY STREET FROM THE EAST RIGHT - ORTH CUSHING STREET TO THE WEST E OF THE FIRST NORTH -SOUTH ALLEY SHING STREET; THE FIRST EAST -WEST EST LINDSEY STREET FROM THE WEST E OF NORTH SCOTT STREET TO THE Y LINE OF THE FIRST NORTH -SOUTH RTH SCOTT STREET; THE THIRD EAST - OF WEST LINDSEY STREET FROM THE Y LINE OF NORTH SCOTT STREET TO F -WAY LINE OF THE FIRST NORTH - OF NORTH SCOTT STREET set for public hearing on the nents were given an opportunity to r reported that the Public Works had met on this bill and avorable. Todd Zeiker, made the indicated the Near Northwest itage were working together to rship. He indicated there was a e alleys and that was the reason s be closed. Dana Andrews, South roject site was rental properties ng in families that will purchase alley is very close to the homes fic down these alleys. Gary in favor of this project. He nges taking place in the the better. Council Member Luecke e of South Bend Heritage, but he from this action, so there is no vote of this bill. Council recommend this bill to the Council Member Coleman. The motion THE ZONING ORDINANCE AND HISTORIC LANDMARK FOR THE PROPERTY R PARK, IN THE CITY OF SOUTH BEND, Council Member Luecke made a m tion to continue public hearing on this bill until November 11, a the request of the petitioner, seconded by Council Member Col man. The motion carried. BILL NO. 90 -93 A BILL AMENDING CHAPTER 21, ARTICLE 6.5, SECTION 21 -117.2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, IND ANA, ENTITLED HISTORIC PRESERVATION CO ISSION Council Member Varner made a motion to strike this bill, at the request of the petitioner, seconded by Council Member Luecke. The motion carried. 1 ii n REGULAR MEETING SEPTEMBER 23, 1996 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 Council Member Coleman made a motion to continue this bill until October 14, seconded by Council Member Luecke. The motion carried. Council Member Luecke made a motion to combine public hearing on Bill nos. 77, 78, 79 -96, seconded by Council Member Coleman. The motion carried. BILL NO. 77 -96 A BILL 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, 1997 BILL NO. 78 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1997, AND ENDING DECEMBER 31, 1997, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 79 -96 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, 1997, AND ENDING DECEMBER 31, 1997, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT A public hearing was held on the bills at this time. Council Member Luecke announced that the Hall of Fame budget was not included in Bill No. 78 -96 as it was not ready at the present time. He made a motion that it should be removed from the list of budgets included in the bill, seconded by Council Member Coleman. The motion carried. Kevin Horton, controller, made the presentation for the bills. He indicated the City has received a double A bond rating for a recent bond issue, and we have not received that type of rating since 1980. He indicated we have also received the distinguished budget award for our performance based budgeting. Jeff Rinard, Deputy Controller, indicated he and the Council have spent over twenty hours in meetings on the budget this year, which is 8.2 million dollar surplus budget. He indicated the 101 million in revenue and 93.5 million in expenses. He had a slide presentation on the budget. He thanked the Council for their review, as well as the citizen member, Cathy Roemer. Council Member Luecke made a motion to continue these three bills in the Council portion of the Committee of the Whole to September 30, at 4:30 p.m., seconded by Council Member Coleman. The motion carried. BILL NO. 81 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8623 -95 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1996, 1997 AND 1998 Council Member Luecke made a motion to suspend the rules and have first, second and third reading on this bill, seconded by Council Member Coleman. The motion carried on a roll call vote of seven ayes. This bill had first reading. Council Member Luecke made a REGULAR MEETING motion to amend this bill by salary of the park superinte: off, seconded by Council Mem] Kevin Horton, controller, mai reported that this bill amen salary ordinance to adjusts positions to reflect more aci in the private market. He ii amendment to certain positioi Council Member Luecke report Committee had discussed this He made a motion to recommem seconded by Council Member Ki Council Member Luecke made a Council, seconded by Council A ity le REGULAR MEETING RECONVENED Be it remembered that the Coi Bend reconvened in the Counc: the County -City Building at presiding, and seven members BILLS, THIRD READING ORDINANCE NO. 8718 -96 AN DES WES STR THE NOR THI WAY OF WAY WES NOR STR. OF ' RIG TO FIR SCO' SOU' WES' STR: THE NOR' This bill had third reading. motion to pass this bill, see bill passed by a roll call vi ORDINANCE NO. 8719 -96 AN I THE AME] COM] BEN] SEPTEMBER 23. 1996 adding the position and proposed kdent which was inadvertently left >er Kelly. The motion carried. le the presentation for the bill. He Led the non - bargaining employee .he salaries of certain employee !urately the value of those positions tdicated the bill is also an is which currently do not exist. :d that the Personnel and Finance bill, but had not recommendation. I this bill to the Council favorable, !lly. The motion carried. motion to rise and report to the Member Coleman. The motion carried. ATTEST: Chairman anon Council of the City of South 1 Chambers on the fourth floor of :02 p.m. Council President Kelly present. RDINANCE TO VACATE THE FOLLOWING RIBED PROPERTY: THE SECOND EAST -WEST Y NORTH OF LINCOLN WAY WEST FROM THE RIGHT -OF -WAY LINE OF NORTH CUSHING ET TO THE EAST RIGHT -OF -WAY LINE OF FIRST NORTH -SOUTH ALLEY WEST OF H CUSHING STREET; THE SECOND AND D EAST -WEST ALLEYS NORTH OF LINCOLN WEST FROM THE EAST RIGHT -OF -WAY LINE ORTH CUSHING STREET TO THE WEST T -OF -WAY OF THE FIRST NORTH - SOUTH Y EAST OF NORTH CUSHING STREET; THE T EAST -WEST ALLEY SOUTH OF WEST SEY STREET FROM THE EAST RIGHT -OF- LINE OF NORTH CUSHING STREET TO THE RIGHT -OF -WAY LINE OF THE FIRST H -SOUTH ALLEY EAST OF NORTH CUSHING ET; THE FIRST EAST -WEST ALLEY SOUTH EST LINDSEY STREET FROM THE WEST T -OF -WAY LINE OF NORTH SCOTT STREET HE EAST RIGHT -OF -WAY LINE OF THE T NORTH -SOUTH ALLEY WEST OF NORTH T STREET; THE THIRD EAST -WEST ALLEY H OF WEST LINDSEY STREET FROM THE RIGHT -OF -WAY LINE OF NORTH SCOTT ET TO THE EAST RIGHT -OF -WAY LINE OF FIRST NORTH -SOUTH ALLEY WEST OF H SCOTT STREET Council Member Washington made a onded by Council Member Luecke. The to of seven ayes. RDINANCE OF THE COMMON COUNCIL OF CITY OF SOUTH BEND, INDIANA, DING ORDINANCE NO. 8623 -95 OF THE ON COUNCIL OF THE CITY OF SOUTH INDIANA FIXING MAXIMUM SALARIES J - I REGULAR MEETING SEPTEMBER 23, 1996 AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1996, 1997 AND 1998 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 motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of seven ayes. RESOLUTIONS RESOLUTION NO. 2405 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3333 WEST LATHROP DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TOTAL ENTERPRISES, LTD. 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 3333 West Lathrop Drive, and which is more particularly described as follows: PARCEL I: A tract of land in the Southeast Quarter of Section Twenty -eight (28), Township Thirty -Eight (38) North, Range Two (2) East, German Township, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of said Section Twenty -Eight (28); thence south 90 degrees 00 minutes 00 seconds west on and along the south line of said Section Twenty -Eight (28), said line being also the center line of Lathrop Street (formerly Douglas Road) a distance of 990.00 feet; thence north 0 degrees 10 minutes 55 seconds east a distance of 20.00 feet to the north line of Lathrop Street (formerly Douglas Road) and the true place of beginning; thence continuing on a bearing of north 0 degrees 10 minutes 55 seconds east a distance of 620 feet; thence north 90 degrees 00 minutes 00 seconds east a distance of 447.97 feet; thence south 00 degrees 00 minutes 00 seconds west a distance of 620 feet to the north line of Lathrop Street (formerly Douglas Road); thence South 90 degrees 00 minutes 00 seconds west on and along the north line of said Lathrop Street (formerly Douglas Road) a distance of 449.94 feet to the place of beginning, EXCEPTING THEREFROM a tract of land in the southeast quarter of Section Twenty -eight (28) Township Thirty -eight (38) North, Range Two (2) east, German Township, St. Joseph County, Indiana, described as follows: Beginning at the southeast corner of said section twenty -eight (28); thence westerly on and along the South line of said section twenty -eight (28); said line also being the center line of Lathrop Street, a distance of 540.00 feet; thence North 00 degrees 00 minutes 00 seconds East a distance of 20.00 feet to the true place of beginning, said point also being on the existing north right -of -way of Lathrop Street; thence south 90 degrees 00 minutes 00 seconds West a distance of 449.64 feet; thence North 00 degrees 10 minutes 55 seconds east a distance of 20.00 feet; thence north 90 degrees 00 minutes 00 seconds east a distance of 449.88 feet; thence south 00 degrees 00 minutes 00 seconds west a distance of 20.00 feet to the place of beginning. REGULAR MEETING Subject to legal highways. PARCEL II: A part of the southeast quar Township Thirty -eight (38) n Township, St. Joseph County, Commencing at the southeast 90 degrees 00 minutes 00 sec line of said Section; thence minutes 00 seconds west 640. this description; thence sou West 447.97 feet; thence nor east 151.26 feet; thence sou the left having a radius of chord having a bearing of so east and a length of 34.56 f minutes 00 seconds east 412. minutes 00 seconds west 150. Subject to legal highways. PARCEL III: SEPTEMBER 23, 1996 :er of section twenty -eight (28), >rth, range two (2) east, German Indiana, described as follows: orner of said section; thence north ,nds west 540.00 feet along the south north 0 degrees 00 minutes 00 0 feet to the point of beginning of h 90 degrees 00 minutes 00 seconds h 0 degrees 10 minutes 55 seconds heasterly 34.57 feet along an arc to 80.00 feet and subtended by a long th 87 degrees 58 minutes 20 seconds et; thence south 90 degrees 00 6 feet; thence south 0 degrees 00 3 feet to the point of beginning. A part of the southeast quarter of section twenty -eight (28), Township Thirty -eight (38) north, range two (2) east, German Township, St. Joseph County, Indiana, described as follows: Commencing at the southeast 90 degrees 00 minutes 00 sec line of said section; thence seconds west 40.00 feet to t description; thence north 00 750.03 feet; thence north 90 44.905 feet; thence easterly having a radius of 506.47 fe having a bearing of south 88 and a length of 25.96 feet; seconds west 749.36 feet; th seconds west 70.00 feet to t ,rner of said section; thence north ds west 540.00 feet along the south orth 00 degrees 00 minutes 00 point of beginning of this egrees 00 minutes 00 seconds west egrees 00 minutes 00 seconds east 5.96 feet along an arc to the right and subtended by a long chard egrees 31 minutes 54 seconds east ence south 00 degrees 00 minutes 00 ce north 90 degrees 00 minutes 00 point of beginning. Whereas,_the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Res lution designating certain areas within the City as Economic R vitalization Areas for the purpose of tax abatement consideratio ; and Whereas, a Declaratory Resolu ' ion designated the area commonly known as 3333 West Lathrop Drve, and which is more particularly described as follows: with said real estate having he following Key No.25 1010 0409, as an Economic RevitalizationlArea, and Whereas, notice of the adopti n of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -25 and Whereas, the Council held a p blic hearing for the purpose of hearing all remonstrances and objections from interested persons; and Whereas, the Council has d an economic revitalization NOW, THEREFORE, BE IT RESOL of South Bend, Indiana, as SECTION I. The Common Counci ned that the qualifications for have been met. by the Common Council of the City lows: hereby confirms its Declaratory 11 1 REGULAR MEETING SEPTEMBER 23. 1996 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 seq. 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 Ernest Szarwark, attorney, made the presentation for the resolution. He reported this company manufactures tooling for use in the automotive and office furniture industries. He indicated they needed the new equipment in order to be competitive. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of seven ayes. Council Member Coleman made a motion to combine public hearing on the next two resolutions, seconded by Council Member Luecke. The motion carried. RESOLUTION NO. 2506 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2424 NORTH FOUNDATION DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX YEAR REAL PROPERTY TAX ABATEMENT FOR NIMET INDUSTRIES, 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 3333 West Lathrop Drive, and which is more particularly described as follows: A parcel of land in part of the south half of Section 28, Township 38 north range 2 east, German township, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of said Section; thence north 90 degrees 00 minutes 00 seconds west 2542.71 feet to the southeast corner of the southwest quarter of said section; thence south 89 degrees 00 minutes 47 seconds east 528.56 feet; thence south 89 degrees 59 minutes 13 seconds east 40 feet to the point of beginning of this description; thence north 0 degrees 00 minutes 47 seconds east 375.00 feet; thence south 89 degrees 59 minutes 13, seconds east 450.00 feet; thence south 0 degrees 00 minutes 47 seconds west 375.00 feet; thence north 89 degrees 59 minutes 13 seconds west 450.00 feet to the point of beginning and containing 3.874 acres, more or less. The bearing of the South line of the southeast quarter of section 28 is assumed north 90 degrees 00 minutes 00 seconds west. REGULAR MEETING SEPTEMBER 23, 1996 with said real estate having the following Key No.25- 1010 - 040015, as an Economic Revitalization Area, and Whereas, notice of the adoption of a Declaratory Resolution and the public hearing before th Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2 ; and Whereas, the Council held a Oublic hearing for the purpose of hearing all remonstrances an objections from interested persons; and Whereas, the Council has determined that the qualifications for an economic revitalization a ea have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as f llows: SECTION I. The Common Counc. Resolution designating the a: Revitalization Area for the designation is for Personal limited to two (2) calendar the Declaratory Resolution b: 1 hereby confirms its Declaratory ea described herein as an Economic urposes of tax abatement. Such roperty tax abatement only and is ears from the date of adoption of the Common Council. SECTION II. The Common Coun it hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of SI (6) years, and further determines that the petition complies w'th Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et seq. SECTION III. This Resolutio shall be in full force and effect from and after its adoption y the Common Council and approval by the Mayor. RESOLUTION NO. 2507 -96 A A " k) 17 F /s/ Roland Kelly Member of the Common Council SOLUTION CONFIRMING THE ADOPTION OF CLARATORY RESOLUTION DESIGNATING AIN AREAS WITHIN THE CITY OF SOUTH , INDIANA, COMMONLY KNOWN AS 2424 H FOUNDATION DRIVE, SOUTH BEND, ANA, TO BE AN ECONOMIC TALIZATION AREA FOR PURPOSES OF A YEAR PERSONAL PROPERTY TAX EMENT FOR NIMET INDUSTRIES, INC. Whereas, the Common Council 3f the City of South Bend, Indiana, has adopted a Declaratory Re olution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement considerate n; and Whereas, a Declaratory Resol tion designated the area commonly known as 3333 West Lathrop D ive, and which is more particularly described as follows: A parcel of land in part of he south half of Section 28, Township 38 north range 2 ea t, German township, St. Joseph County, Indiana, described a follows: Commencing at the southeast 90 degrees 00 minutes 00 sec southeast corner of the sout south 89 degrees 00 minutes south 89 degrees 59 minutes of beginning of this descrip minutes 47 seconds east 375. minutes 13, seconds east 450 minutes 47 seconds west 375. orner of said Section; thence north nds west 2542.71 feet to the west quarter of said section; thence 7 seconds east 528.56 feet; thence 3 seconds east 40 feet to the point ion; thence north 0 degrees 00 0 feet; thence south 89 degrees 59 00 feet; thence south 0 degrees 00 0 feet; thence north 89 degrees 59 I- I REGULAR MEETING SEPTEMBER 23_, 1996 minutes 13 seconds west 450.00 feet to the point of beginning and containing 3.874 acres, more or less. The bearing of the South line of the southeast quarter of section 28 is assumed north 90 degrees 00 minutes 00 seconds west. with said real estate having the following Key No. 25-1010 - 040015, 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 -25; and Whereas, the Council held a public hearing for the purpose 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 seq. 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. ls/ Roland Kelly Member of the Common Council A public hearing was held on the resolutions at this time. Ernest Szarwark, attorney, made the presentations for the resolutions. He reported that this company coats machinery and equipment, in order that the products can perform at high tolerances. He indicated they were planning to build an addition to their facility and add new equipment. Council Member Coleman made a motion to adopt Resolution No. 2406 -96, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of seven ayes. Council Member Coleman made a motion to adopt Resolution No. 2407 -96, seconded by Council Member Washington. The resolution was adopted by a roll call vote of seven ayes. RESOLUTION NO. 2508 -96 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 LOT 11 - TOLL ROAD INDUSTRIAL PARK AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT AUTHORITY ON BEHALF OF ELUMATEC USA, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council REGULAR MEETING SEPTEMBER 23, 1996 of the City of South Bend, I diana requesting that the area commonly known as Lot 11 - T 11 Road, South Bend, Indiana, and which is more particularly d scribed as follows: A parcel of land in the nort 38 North, Range 2 East, Germ Indiana, and described as be Park - Section 6, as recorde dated April 7, 1989, at the County, Indiana, and contain is subject to all easements, record. east quarter of Section 21, Township n Township, St. Joseph County, ng Lot 11 of Toll Road Industrial under instrument number 8908570, ffice of the recorder, St. Joseph ng 3.7178 acres, more or less, and restrictions and or covenants of and which has Key Number 25-1013-0211.08 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 Sections 2 -76 Et Seq. Whereas, the Department concluded an investigation a: sufficient for the Common Co- qualifies as an Economic Rev 6 -1.1- 12.1 -1, et seq., and S, 76, et seq., and has further boundaries and such other in question as required by law; of Economic Development has d prepared a report with information ncil to determine that the area talization Area under Indiana Code uth Bend Municipal Code Sections 2- prepared maps and plats showing the ormation regarding the area in and Whereas, the Human Reso rces and Economic Development Committee of the Common Coun it has reviewed said report and recommended to the Common Co ncil that the area qualifies as an Economic Revitalization Area NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION JI. The Common Coun it hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets th applicable standards for such development. B. That the estimate o� the value of the redevelopment or rehabilitation is reaso able for projects of this nature; C: That the estimate o the number of individuals who will be employed or whose em loyment will be retained by the Petitioner can reasonab y be expected to result from the proposed described rede elopment or rehabilitation; E. 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 F. 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 hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition 1 f 1 REGULAR MEETING SEPTEMBER 23, 1996 for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution 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 pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Stephen Van Tongeren, national sales manager, made the presentation for the resolution. He indicated Elumatec is the US sales, service and distribution hub for Eugen Lutz located in Germany. He reported that Eugen Lutz produces industrial saws, drills and other processing machinery for aluminum and vinyl extrusions. He indicated they planned to construction a 25,000 distribution center. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of seven ayes. RESOLUTION NO. 2509 -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 Governmental Lease - purchase Master Agreement ( "Lease Agreement ") between Northwest Investment Services, 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, the Common Council of the City of South Bend, Indiana has determined that the Board of Park Commissioners of the City of South Bend, Indiana has taken the necessary legal steps, including satisfaction of any bidding requirements, under Indiana law to arrange for the acquisition of the Equipment. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE REGULAR MEETING CITY OF SOUTH BEND, INDIANA, 1. That the terms of si interests of the City of Sou - of such equipment and the Coi Bend, Indiana designates and execute and deliver, and to i respectively, the Lease Agree necessary to the consummatioi the Lease Agreement. Party to Execute Lease Agree. Gwen Stiver, President Board of Park Commissioners or, in her absence, Robert Henry, Vice President 2. That the Common Cou represents that the reasonab tax - exempt obligations which City of South Bend, Indiana calendar year within which t exempt obligation" pursuant Revenue Code. SEPTEMBER 23, 1996 as follows: Lid Lease Agreement are in the best :h Bend, Indiana for the acquisition anon Council of the City of South confirms the following persons to ritness the execution and delivery, !ment and any related documents L of the transactions contemplated by Party to Attest to the Execution of Lease: Bill Carleton, Secretary Board of Park Commissioners cil of the City of South Bend hereby y anticipated amount of qualified have been and will be issued by the oes not exceed $10,000.000 for the is Lease Agreement is to be a "tax o Section 265(b)(3) of the Internal 3. This Resolution sha 1 be in full force and effect from and after its adoption by th Common Council and approval by the Mayor. A public hearing was held on Council Member Broden report Department had met on this b Bill Carleton, fiscal office presentation for the resolut will secure funding for the softball complex. He indica agreement with Norwest Inves Coleman made a motion to ado Council Member Broden. The vote of seven ayes. BILLS, FIRST READING BILL NO. 82 -96 A BILL OF THE BEND, INDIANA MAYOR AND FOR 1997 This bill had first reading. to refer this bill to the Pe: it for Public Hearing and th. by Council Member Coleman. ' PRIVILEGE OF THE FLOOR /s/ Roland Kelly Member of the Common Council the resolution at this time. :d that the Parks & Recreation .11 and recommends its adoption. for Parks and Recreation, made the .on. He indicated this resolution levelopment of the Belleville :ed this would be a lease purchase .ment Services. Council Member at this resolution, seconded by .-esolution was adopted by a roll call COMMON COUNCIL OF THE CITY OF SOUTH SETTING THE ANNUAL SALARIES FOR THE THE CITY CLERK FOR CALENDAR YEAR Council Member Luecke made a motion - sonnel & Finance Committee and set .rd reading on October 28, seconded 'he motion carried. Jim Cierzniak, 1156 E. Victoria, indicated he questioned the expenditure of $2,560 for eight tickets to be used by sponsors at the NFF's kick -off classics game. He indicated he thought the NFF should be giving tickets to the sponsors. There being no further bus unfinished or new, Council at 8:24 p.m. ATTEST: ss to come before the Council, esident Kelly adjourned the meeting ATTEST: PRESIDENT L1 1 1