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HomeMy WebLinkAbout10-14-96 Council Meeting MinutesA I REGULAR MEETING OCTOBER 14 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, October 14, 1996, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. i ROLL CALL Present: Council Members Luecke, Pfeifer Kelly, Broden z Varner, Zakrzewski, Coleman, Hosinski and Washington Absent: None i 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 23 and 30, meetings of the Council and found them correct. Therefore, we recommend the same be approved. Lsl Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the September 23 and 30, 1996, meetings be accepted and placed on file, seconded by Council Member Washington. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2410 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF OCTOBER NATIONAL BREAST CANCER AWARENESS MONTH IN THE CITY OF SOUTH BEND Whereas, the 1996 National Breast Cancer Awareness Campaign theme for 1996 is "Knowledge; It's Part of the Cure "; and Whereas, the Common Council acknowledges that the National Cancer Institute (NCI) and the Breast Cancer Resource Committee (BCRC) have joined forces to promote the availability of accurate and up -to -date breast cancer information; and Whereas, the Common Council lends its support to continued breast cancer education programs to enable the United States to reach the "healthy people goal" of mammogram screening for 60% of all women ages 50 and older; and Whereas, the Council acknowledges that "Sister -Girl" was held on Thursday, October 10, 1996 at the Bendix Theater sponsored by the Cancer society of St. Joseph County and United Health Services featuring Brandyn Barbara Artis an actress, playwright and breast cancer survivor which takes the audience using narrative, song and dance through her journey with breast cancer and her ultimate triumph - -- survival; and Whereas, the Common Council acknowledges the "Community Screening Mammogram Program" taking place from October 1, 1996 through November 8, 1996 which is sponsored by the Cancer society of St. Joseph County at United Health Services, St. Joseph's Medical Center, Memorial Hospital, St. Joseph Community Hospital, St. Mary Community Hospital, Radiology, Inc., X -Ray Consultants, and the South Bend Clinic which provides eligible women the opportunity to purchase a $35 certificate for a screening mammogram and upon proof of low income eligibility a certificate for $5. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: REGULAR MEETING Section I. The Common Council o declares the month of October 1.9 Month in South Bend, Indiana. Section II. The Common Council mammogram outreach educational e particular African - American wo e and lowest survival rates for br Section III. The South Bend C m the local participants sponsor in Mammogram Program" taking place November 8, 1996 and encourage South Bend to encourage eligible important program. Section IV. This resolution s a from and after its adoption by t the Mayor. Stephen Luecke, 1st District Charlotte Pfeifer, 2nd District-, Roland Kelly, 3rd District John Broden, 4th District Loretta Duda, City Clerk Kathleen Cekanski - Farrand Council Attorney A public hearing was held on the Council Member Washington made t; resolution and presented a cop Warren from United Health Serv'c, Reaching Out, Inc. Council Me this resolution, seconded by C u: resolution was adpoted by a roll REPORT OF CITY OFFICES Brian Hedman, Director of the e: looks to be a very good year for and attendance. He indicated thi hundred separate events. He r p, which is very high; competitio cost of upkeep to keep the Cen e: Council Member Luecke made a m t. of the Whole, seconded by Coun i. carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Bend met in the Committee of the members present. Chairman Was is OCTOBER 14, 1996 f the City of South Bend hereby 96 as Breast Cancer Awareness encourages breast cancer in fforts for all women and in a who have the highest mortality east cancer. non Council congratulates all of 3 the "Community Screening from October 1, 1996 through all residents of the City of women to participate in this L1 be in full force and effect he Common council and approval by David Varner, 5th District Thomas Zakrzewski, 6th District Sean Coleman, At Large John Hosinski, At Large Cleo Washington, At Large Joseph E. Kernan, Mayor resolution at this time. ie presentation. He read the to Marilyn Eber and Kimberly ss and Bernie Freeman from sr Luecke made a motion to adopt :icil Member Washington. The call vote of nine ayes. ztury Center, reported that 1996 the center in terms of revenue sy anticipated a total of eight )rted on the service rating, Erom other cities; as well as in good condition. Lon to resolve into the Committee L Member Varner. The motion Council of the City of South Whole at 8:23 p.m. with seven igton presiding. 1 REGULAR MEETING OCTOBER 14, 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 28, seconded by Council Member Varner. 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 Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Varner. The motion carried. ATTEST: ATTEST: ✓ I it Cle Chairman REGULAR MEETING RECONVENED 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 8:25 p.m. Council President Kelly presiding, and nine members present. RESOLUTIONS RESOLUTION NO. 2411 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 17924 STATE ROAD 23, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14-1.5-5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at: 17924 State Road 23 in order to permit a parking lot facility to serve adjacent property on this residential zoned property. Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves REGULAR MEETING the Petition of the South Bend which is on file in the Office Section III. The Common Indiana hereby finds that: OCTOBER 14, 1996 Board of Zoning Appeals, a copy of of the City Clerk. !ouncil of the City of South Bend, 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the spec al exception arises from specific conditions peculiar to the pro erty involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an u necessary hardship if applied to the property for which this sp cial exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is ubject to the Petitioner complying with the reasonable condi ions established by the Board of Zoning Appeals which are on fi a in the office of the City Clerk. Section V. This Resoluti n shall be in full force and effect from and after its adop ion by the Common Council and approval by the Mayor. i A public hearing was held on t: Council Member Zakrzewski repo: Committee had met on this reso Council favorable. Bernard Fe, presentation for the resolutio: this special exception is that zoned residential and the owne: garage and create a parking lo- commercial property. Council ] adopt this resolution, seconder The resolution was adopted by , ember of the Common Council e resolution at this time. ted that the Zoning and Vacation ution and recommended it to the ney, land surveyor, made the He reported that the reason for this parcel of land is currently wishes to remove the existing that will serve the adjacent ember Coleman made a motion to by Council Member Washington. roll call vote of nine ayes. RESOLUTION NO. 2412_ -9.6_ A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 11 - TOLL ROAD INDUSTRIAL PARK TO BE AN ECON014IC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT AUTHORITY ON BEHALF OF ELUMA EC USA, 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 Re italization Areas for the purpose of tax abatement considerationt and WHEREAS, a Declaratory Resolution designated the area commonly known as Lot 11 Toll Road Indu trial Park, South Bend IN, and which is particularly described as follows: A parcel of land in the northe st quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, REGULAR MEETING OCTOBER 14, 1996 Indiana, and described as being Lot 11 of Toll Road Industrial Park - Section 6, as recorded under instrument number 8908570, dated April 7, 1989, at the office of the recorder, St. Joseph County, Indiana, and containing 3.7178 acres, more or less, and is subject to all easements, restrictions and or covenants of record. with said real estate having the following Key No. 25 -1013- 0211.08 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. James Riggs, Economic Development Specialist, made the presentation for the resolution. He reported he had power of attorney to make the presentation for the petitioner. He indicated this company was the United States distribution hub for Eugen Lutz, which is located in Germany, and manufactures industrial saws, drills and other processing machinery for aluminum and vinyl extrusions. Council Member Washington made a motion to adopt the resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2413 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1702 WEST WASHINGTON STREET, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR MANUFACTURING TECHNOLOGY, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1702 West Washington, South Bend, Indiana, and which is more REGULAR MEETING particularly described as fol PARCEL 1: A lot or parcel of located in the East Half of th Number Ten (10), Township Numb Number Two (2) East, bounded b Beginning at a point in the So 78.58 feet West from a point w Street extended South would in Washington Avenue thence south thence North 208 feet to the S thence East along the south li of 395.87 feet to the place of PARCEL 11: Also beginning at Washington Avenue 7.58 feet We of College Street extended sou of Washington Avenue and being above described tract; thence above described tract 293.6 fe 19.69 feet, more or less, to t land conveyed to the South Ben recorded in Deed Record 333 pa more or less, to a point in th Avenue 20 feet East of the pla feet to the place of beginning easement of right of way in co: and for all purposes over the and benefit of the South Bend A part of the East Half ('h) of Section Ten (10), Township Thi East, described as follows: B line of Washington Avenue whic which is 7.58 feet West from t extended South to the South li south 133.5 feet; thence Easte feet due South from the South in a Southeasterly direction l iron state is 208 feet due Sou North 46.2 feet; thence in a n a point 100.3 feet due South f Avenue; thence Westerly 305.6 feet from the South line of Wa East of the place of beginning of beginning. OCTOBER 14, 1996 ,and in the City of South Bend, Northeast Quarter of Section �r Thirty -seven (37) North, Range a line running as follows, viz: .th Line of West Washington Avenue .ere the West line of College ersect the South line of said West 208 feet; thence West 395.87 feet; ,uth line of Washington Avenue, e of Washington Avenue a distance beginning. point in the South line of West t from a point where the West line h would intersect the South line at the Northeast corner of the outh along the East line of the t to an iron stake; thence East e Southwest corner of a tract of Wholesale Drug Company by deed e 336; thence north 293.6 feet, south line of West Washington e of beginning; thence West 20 subject, however, to a perpetual mon with the Grantees at all times ollowing real estate for the use rug Co., Inc.: the Northeast Quarter (1/4) of ty -seven (37) North, Range Two (2) ginning at a point on the south is 389.87 feet West of a point e West line of College Street e of Washington Avenue; thence due ly 321.3 feet to a point 130.3 ine of Washington Avenue; thence 2 feet to an iron stake, which h from Washington Avenue; thence rthwesterly direction 80.3 feet to om the South line of Washington eet to a point due south 103.5 hington Avenue which is 30 feet thence West 30 feet to the place and this property has Key Numbers 18- 020020002 and 18- 020010005, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1,1-12.1-1 et sea., and South Bend Municipal Code Section 2 -76 et se .• and WHEREAS, the Department o concluded an investigation and sufficient for the Common Coun qualifies as an Economic Revit 6- 1.1- 12.1 -1, et sect., and Sou 76 et sea. and has further pre boundaries and such other info question as required by law; a WHEREAS, the Human Resou Committee of the Common Counc recommended to the Common Cou Economic Revitalization Area. NOW, THEREFORE, BE IT RES City of South Bend, Indiana, a Economic Development has repared a report with information 1 to determine that the area ization Area under Indiana Code Bend Municipal Code Sections 2- red maps and plats showing the ation regarding the area in es and Economic Development has reviewed said report and it that the area qualifies as an VED by the Common Council of the follows: SECTION I. The Common Council hereby determines and finds 1 1 1 REGULAR MEETING OCTOBER 14, 1996 pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the -- Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1- 12.1 - 4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. 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 resolution and recommended it to the Council favorable. Phil Faccenda, Jr., attorney, made the presentation for the resolution. He indicated this company is purchasing a new friction welder which will allow them to remain competitive on a worldwide basis, as they currently sell products throughout the United States, Europe, China and South REGULAR MEETING America. He reported they emp part -time employees and this p additional permanent employee. motion to adopt the resolution Council Member Washington. Th call vote of nine ayes. OCTOBER 14, 1996 y 95 full -time employees and five ject will allow them to hire one Council Member Coleman made a seconded by Council Member resolution was adopted by a roll RESOLUTION NO. 2414 -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 Master Equipment Lease ( "Lease Agreement") between 1st Source Bank ( "Lessor "), and the City of So th Bend, Indiana ( "Lessee ") presented to the Common Counci at the meeting of the Common Council on the date noted here - nbelow; 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 sai interests of the City of South of such Equipment, and the Com Bend, Indiana, designates and execute and delivery, and to w respectively, the Lease Agreem necessary to the consummation the Lease Agreement. i Lease Agreement are in the best Bend, Indiana for the acquisition non Council of the City of South -lonfirms the following persons to fitness the execution and delivery, ant and any related documents 3f the transactions contemplated by Party to Execute Lease Agreeme t: 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 the Common counc. represents that the reasonably tax - exempt obligations which h City of South Bend, Indiana doi calendar year within which thi exempt obligation" pursuant to Internal Revenue Code. it of the City of South Bend hereby anticipated amount of qualified 3ve been and will be issued by the as not exceed $10,000,000 for the s Lease Agreement is to be a "tax Section 265 (b) (3) of the 3. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Zsl Roland Kell Member of the Common council A public hearing was held on t Rinard, Deputy City Controller resolution. He indicated this of the equipment for the polic indicated this lease arrangeme period of five years and they Victoria and 35 Chevrolet Lumi tax - exempt obligations which h City does not exceed $10,000,0 e resolution at this time. Jeff made the presentation for the resolution deals with the finance to have take home cars. He t would be $3,343,950 over a Ill purchase 122 Ford Crown a. He reported that the qualified ve been and will be issued by the 0 for the calendar year. Joyce REGULAR MEETING OCTOBER 14, 1996 Boaler, 1606 Hillsdale, asked why we needed expensive cars for our police officers. Mr. Rinard explained that at this time there are only two companies have give package deals for police cars, and the size and handling ability of the car was very important. Council member Coleman made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of nine ayes. Council Member Luecke made a motion to combine public hearing on the next two resolutions, seconded by Council Member Broden. The motion carried. RESOLUTION NO. 2415 -96 A RESOLUTION CONSENTING TO THE TRANSFER OF JURISDICTION TO ST. JOSEPH COUNTY, INDIANA REGARDING ECONOMIC DEVELOPMENT FACILITIES AND THE ISSUANCE OF ST. JOSEPH COUNTY ECONOMIC DEVELOPMENT REVENUE BONDS (SOUTH BEND MEDICAL FOUNDATION INC., IMPROVEMENT PROJECT) TO FINANCE SAID FACILITIES WHEREAS, the City of South Bend, Indiana (the "City "), is a municipal corporation and political subdivision of the State of Indiana and by virtue of Ind. Code X36- 7 -12 -22 is authorized and empowered to adopt this Resolution; and WHEREAS, South Bend Medical Foundation, Inc., ( "Foundation "), an Indiana not - for - profit corporation with principal offices located in South Bend, Indiana, at 530 North Lafayette, presently intends to finance the renovation and improvement of its existing medical laboratory facilities which are to be located in the City of South Bend and which comprise "economic development facilities" within the meaning of Ind. Code S36 -7- 11.0 -3 through the issuance of economic development revenue bonds pursuant to the provisions of Ind. CODE 36 -7 -12 Et seq., as amended (the "Act "); and WHEREAS, due to the County -wide service provided by said facilities, the Common Council of the City of South Bend wishes to transfer jurisdiction over said facilities and the financing thereof pursuant to the Act of St. Joseph County. IND. CODE §36- 7-12-22(b) provides in relevant part that "...economic development facilities that are to be located within the corporate boundaries of a municipality may not be financed by a County without the consent of the fiscal body of the municipality..." NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT the Common Council consents, pursuant to the provisions of IND. CODE X36- 7- 12- 22(B), to the financing of the renovation and improvement of said facilities by St. Joseph County, Indiana and its Economic Development Commission, and jurisdiction with respect thereto is hereby transferred to St. Joseph County, Indiana. This Resolution shall be in full force and effect immediately upon its adoption by the Common Council and approval by the Mayor. Dated this 14th day of October 1996. Is/ Roland Kelly Member, South Bend Common Council RESOLUTION NO. 2416 -96 A RESOLUTION CONSENTING TO THE TRANSFER OF JURISDICTION TO ST. JOSEPH COUNTY, INDIANA REGARDING ECONOMIC DEVELOPMENT FACILITIES AND THE ISSUANCE OF ST. REGULAR MEETING JOSEP'. APAR FACI WHEREAS, the City of Sout municipal corporation and poli Indiana and by virtue of IND. empowered to adopt this Resolu WHEREAS, South Bend Herit Indiana not - for - profit corpora in South Bend, Indiana, at 914 intends to finance affordable which are located in the City "economic development faciliti §36 -7- 11.0 -3 through the issua bonds pursuant to the provisio amended (the "Act "); and OCTOBER 14, 1996 COUNTY ECONOMIC DEVELOPMENT E BONDS (SOUTH BEND HERITAGE TION INC., GREENSPRINGS MANOR ENT PROJECT) TO FINANCE SAID TIES Bend, Indiana (the "City "), is a cal subdivision of the State of de §36- 7 -12 -22 is authorized and on; and ge Foundation, Inc., ( "SBHF "), an ion with principal offices located Lincoln way West, presently esidential apartment facilities f South Bend and which comprise s" within the meaning of IND. Code ce of economic development revenue s of IND. CODE 36 -7 -12 Et seq., as WHEREAS, SBHF is experien ed in the development of affordable residential facilities, having participated in the development of West Washington Homes and Heritage Homes southeast projects; and WHEREAS, there is a need for affordable residential apartment units within St. Jos ph County; and WHEREAS, due to the count facilities, the Common Council to transfer jurisdiction over thereof pursuant to the Act of 7- 12 -22(b) provides in relevan development facilities that ar corporate boundaries of a muni County without the consent of municipality..." NOW, THEREFORE, BE IT RES CITY OF SOUTH BEND, INDIANA, T pursuant to the provisions of financing of the affordable re Indiana renovation and improve Joseph County, Indiana and its and jurisdiction with respect St. Joseph County, Indiana. This Resolution shall be immediately upon its adoption by the Mayor. Dated this 14th day of A public hearing was held on tl Krcmeric, attorney, made the p: indicated these resolutions tri the issuance of economic develo Bend to St. Joseph County. He necessary in order that the Cif requirement for qualified tax -4 Coleman made a motion to adopt by Council Member Hosinski. T] call vote of nine ayes. Counc: adopt Resolution No. 2417 -96, : The resolution was adopted by -wide purposes served by said of the City of South Bend wishes aid facilities and the financing St. Joseph County. IND. CODE §36- part that "...economic to be located within the ipality may not be financed by a he fiscal body of the LVED BY THE COMMON COUNCIL OF THE AT the Common Council consents, ND. CODE §36- 7- 12- 22(B), to the idential apartment facilities by ent of said facilities by St. Economic Development Commission, hereto is hereby transferred to full force and effect the Common Council and approval 1996. r, South Bend Common Council ie resolutions at this time. Mark :esentation for the bills. He insferred jurisdiction regarding >pment bonds from the City of South noted that this transfer is .y can stay under the $10,000,000 sxempt obligations. Council Member Resolution No. 2415 -96, seconded ie resolution was adopted by a roll .1 Member Luecke made a motion to seconded by Council Member Coleman. roll call vote of nine ayes. 1 F1 REGULAR MEETING RESOLUTION NO. 2417 -96 OCTOBER 14, 1996 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY CONTROLLER TO INVEST AND REINVEST CERTAIN IDLE FUNDS DURING THE YEAR 1996 IN ACCORDANCE WITH I.C. 5 -13 -9 AND /OR I.C. 5- 13 -11, AND AUTHORIZING THE CITY CONTROLLER TO CONDUCT THE CITY'S BUSINESS WITH FINANCIAL INSTITUTIONS THROUGH THE USE OF ELECTRONIC FUND TRANSFERS AND CASH MANAGEMENT SERVICES AND REPURCHASE AGREEMENTS There are certain idle funds of the Civil City of South Bend which may be invested for periods of time without affecting the operating of the various departments of the City. I.C. 5- 13 -9 -1 enables the Controller, or his designee, to invest such idle funds with the approval of the Common Council. I.C. 5- 13 -5 -5 authorizes the transaction of the City business with financial institutions through the use of electronic funds transfer upon proper resolution by the Common Council. I.C. 5- 13 -11 -1 authorizes the Controller to contract with a depository for the operation of a cash management system. I.C. 5- 13 -9 -3 authorizes the Controller to enter into repurchase agreements with depositories for state investments. NOW, THEREFORE, BE IT ORDAINED by the South Bend Council, as follows: SECTION I. That during the calendar year 1996, the Controller or his designee may invest and reinvest any idle funds of the Civil City of South Bend, including, but not limited to money raised by bonds issued for a future specific purposes, sinking funds, depreciation reserve funds, gift, bequest, or endowment, or any funds available for investment, for such periods of time that he determines are not needed for the normal operations of the various departments of the Civil City, in the manner permitted by I.C. 5 -13 -9 and /or I.C. 5- 13 -11, and hereby approves the proposal for such services attached hereto and incorporated herein. SECTION II. The Controller of the City of South Bend, or his designee, is hereby authorized to conduct the following business transactions with financial institutions through the use of electronic funds transfers; a. Transfer of monies on deposit from one approved public depository of the City to another. b. Transfer of monies into and between various payroll accounts C. Transfer of monies for the purchase and redemption of various securities for investment purposes. SECTION III. For purpose of this Resolution, "electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. SECTION IV. The Controller of the City of South Bend, or his designee, is hereby directed and required to maintain adequate documentation of the transactions affected by electronic funds transfer so that they may be audited as provided by law. REGULAR MEETING SECTION V. The City of S 4- 8.1- 2 -7(c), elects to receiv Indiana by means of electronic OCTOBER 14, 1996 )uth Bend, in accordance with I.C. distributions from the State of transfer of funds. SECTION VI. The Controll r of the City of South Bend is hereby authorized to contract with a depository institution for the operation of a cash manage ent system. SECTION VI. This Resolut on shall be in full force and effect from and after its pass ge by the Common Council and approval by the Mayor. A public hearing was held on t Rinard, Deputy City Controller indicated this is primarily a done each year that authorizes approve a two year cash manage: Luecke made a motion to adopt Council Member Coleman. The r call vote of nine ayes. BILLS, FIRST READING BILL NO. 83 -96 A BILL TO VACAT THE ALLEYS TO B NORTH -SOUTH ALL NORTH RIGHT-OF- SOUTH RIGHT-OF- NORTH OF WEST E AND WABASH STRE APPROXIMATELY 1 FEET, PART LOCA CITY OF SOUTH B WEST ALLEY NORT WEST RIGHT -OF -W. RIGHT -OF -WAY OF WABASH STREET F FEET IN LENGTH, LOCATED IN HOME SOUTH BEND, IND of the Common Council e resolution at this time. Jeff made the presentation. He ousekeeping resolution that is us to invest idle funds and ent arrangement. Council Member his resolution, seconded by solution was adopted by a roll THE FOLLOWING DESCRIBED PROPERTY: VACATED ARE DESCRIBED AS THE 1ST Y WEST OF WABASH STREET FROM THE AY OF WEST EWING AVENUE TO THE AY OF THE 1ST EAST -WEST ALLEY 'ING AVENUE RUNNING BETWEEN MEADE TS, FOR A DISTANCE OF 0 FEET IN LENGTH AND A WIDTH OF 14 ED IN HOMELAND 2ND ADDITION TO THE ND, INDIANA. ALSO, THE 1ST EAST - OF WEST EWING AVENUE FROM THE Y OF WABASH STREET TO THE EAST THE 1ST NORTH -SOUTH ALLEY WEST OF R A DISTANCE OF APPROXIMATELY 129 ND A WIDTH OF 14 FEET, PART AND 2ND ADDITION TO THE CITY OF ANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on October 28, seconded by Council Member Coleman. The motion carried. BILL NO. 84 -96 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT THE RICK STREETS IN AND ADJACENT TO THE CHAPIN PARK NATIONAL REGISTER HISTORIC DISTRICT IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. motion to refer this to Area P Broden. The motion carried. BILL NO. 85 -96 A BILL TO VACA 'O'BRIEN STREET STREETS This bill had first reading. t to refer this bill to the Publ: Committee and set it for public October 28, seconded by Counci: carried. acil Member Coleman made a , seconded by Council Member THE FOLLOWING DESCRIBED PROPERTY: TWEEN WASHINGTON AND ORANGE ouncil Member Varner made a motion c Works and Property Vacation hearing and third reading on Member Luecke. The motion 1 1 1 REGULAR MEETING OCTOBER 14, 1996 BILL NO. 86 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: BILL NO. 87 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY This bill had first reading. Council Member Broden made a motion to refer this bill to the Parks and Recreation Committee and set it for public hearing and third reading on October 28, seconded by Council Member Luecke. The motion carried. BILL NO. 88 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on October 28, seconded by Council Member Pfeifer. The motion carried. BILL NO. 89 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING FUNDS BETWEEN CERTAIN ACCOUNTS WITHIN THE PARK DEPARTMENT GENERAL FUND FOR THE OPERATION OF THE POTAWATOMI ZOO GIFT SHOP This bill had first reading. Council Member Broden made a motion to refer this bill to the Parks and Recreation Committee and set it for public hearing and third reading on October 28, seconded by Council Member Luecke. The motion carried. BILL N0. 90 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS DESCRIBED AS SAMPSON STREET RUNNING NORTH FROM THE NORTH RIGHT -OF -WAY LINE OF EAST IRELAND ROAD FOR A DISTANCE OF APPROXIMATELY 617 FEET AND A WIDTH OF 50 FEET. PART LOCATED IN THE WEST HALF, NORTHEAST QUARTER, SECTION 30, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on October 28, seconded by Council Member Washington. The motion carried. BILL NO. 91 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1208 LINCOLN WAY EAST, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 92 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -7.1 OF THE SOUTH THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY WEST OF ST. JOSEPH STREET FROM THE SOUTH RIGHT -OF -WAY OF WEST WESTERN AVENUE TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST -WEST ALLEY SOUTH OF WEST WESTERN AVENUE FOR A DISTANCE OF APPROXIMATELY 198 FEET IN LENGTH AND WIDTH OF 14 FEET. PART LOCATED IN MARTIN'S ADDITION IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on October 28, seconded by Council Member Washington. The motion carried. BILL NO. 87 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY This bill had first reading. Council Member Broden made a motion to refer this bill to the Parks and Recreation Committee and set it for public hearing and third reading on October 28, seconded by Council Member Luecke. The motion carried. BILL NO. 88 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on October 28, seconded by Council Member Pfeifer. The motion carried. BILL NO. 89 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING FUNDS BETWEEN CERTAIN ACCOUNTS WITHIN THE PARK DEPARTMENT GENERAL FUND FOR THE OPERATION OF THE POTAWATOMI ZOO GIFT SHOP This bill had first reading. Council Member Broden made a motion to refer this bill to the Parks and Recreation Committee and set it for public hearing and third reading on October 28, seconded by Council Member Luecke. The motion carried. BILL N0. 90 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS DESCRIBED AS SAMPSON STREET RUNNING NORTH FROM THE NORTH RIGHT -OF -WAY LINE OF EAST IRELAND ROAD FOR A DISTANCE OF APPROXIMATELY 617 FEET AND A WIDTH OF 50 FEET. PART LOCATED IN THE WEST HALF, NORTHEAST QUARTER, SECTION 30, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on October 28, seconded by Council Member Washington. The motion carried. BILL NO. 91 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1208 LINCOLN WAY EAST, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 92 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -7.1 OF THE SOUTH REGULAR MEETING OCTOBER 14, 1996 BEND MUNICIPAL ODE CONCERNING THE DESIGNATION OF THE DEVELOPMENT DESIGN ADMINISTRATOR OF THE CITY OF SOUTH BEND This bill had first reading. Council Member Luecke made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on October 28, seconded by Council Member Luecke. The motion carried. PRIVILEGE OF FLOOR Joyce Boaler, 1606 Hillsdale, to deregulate the water works. Jim Cierziniak, discussed the There being no further busines unfinished or new, Council Pre at 8:06 p.m. ATTEST: CitJ Cl ssed referendum on the ballot inancing for the Hall of Fame. to come before the Council, ;ident Kelly adjourned the meeting ATTEST: President 1 1