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HomeMy WebLinkAbout01-09-95 Council Meeting MinutesREGULAR MEETING JANUARY 9. 1995 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, January 9, 1995, 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, Washington, Kelly, Slavinskas, Puzzello, Zakrzewski, Coleman, Duda, and Ladewski 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 December 19, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Ann Puzzello /s/ Eugene Ladewski Council Member Coleman made a motion that the minutes of the December 19, 1994, meeting be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2205 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF S BEND, INDIANA, COMMENDING ROMAN J. PIASECKI FOR HIS 13 Y. OF DEDICATED SERVICE AS A REDEVELOPMENT COMMISSIONER FOR CITY OF SOUTH BEND Whereas, the Common Council of the City of South Bend, Indiana, notes that in 1982, the South Bend Common Council appointed Roman J. Piasecki to the Redevelopment Commission; and Whereas, as a member of this five - member Commission, Mr. Piasecki has overseen the overall operations of the City's Redevelopment Department; and Whereas, during his thirteen (13) years of dedicated service, the Redeve Commission has been one of the driving forces for positive development p throughout the City of South Bend; and Whereas, some of the many successful developments include: the reopening of Michigan Street in the downtown, the Stanley Coveleski Regional Stadium, One Michiana Square, the Pointe at St. Joseph apartment complex, the East race Waterway, the Center for the Homeless, reopening of the State Treater, renewal of the Monroe Park area, the Teachers Credit Union main office building, and the Blackthorn Golf Course; and Whereas, current projects which Mr. Piasecki is providing a leadership role renovation of the former Opelika Building into the former Opelika Building into Stephenson Mill apartment building, renovation of the former Central High School, the new Sample -Ewing renewal project. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, hereb publicly thanks and commends ROMAN J. PIASECKI for his thirteen (13) years o dedicated service to the City as the Council's representative to the Redevelopmen Commission. Section II. The Common Council notes with pride the leadership which Mr. Piasecki has provided in fostering new positive developments throughout our fine City. Section III. The South Bend Common Council wishes Mr. Piasecki and his wife long and joyous retirement in the years ahead. Section IV. This Resolution shall be in full force and effect from and its adoption by the Common Council and approval by the Mayor. Stephen Luecke, 1st District Cleo Washington, 2nd District Roland Kelly, 3rd District Linas Slavinskas, 5th District Thomas Zakrzewski, 6th District Sean Coleman, At Large Ann Puzzello, 4th District Loretta Duda, At Large Eugene Ladewski, At Large REGULAR MEETING JANUARY 9, 1995 A public hearing was held on the resolution at this time. Council Member Kelly read the resolution and presented it to Mr. Piasecki. Mr. Piesecki thanked the Council as well as the Redevelopment Commission. He indicated he would still be involved with the Commission, as they have asked him to be an emeritus member of the Commission. Council Member Puzzello made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. SPECIAL BUSINESS Brian Hedman, Executive Director of Century Center, that they planned to start renovations in the next two weeks. He indicated that 1994 was a very good year for the Center. He indicated that in December 16,000 dinners were served. He indicated 1995 promised to be a better year. He indicated he was leading a delegation to Chicago, in an effort to get a long term contract from the Collector's convention. 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 Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on at 7:17 p.m., with nine members present. Chairman Washington presiding. Council Member Luecke made a motion to continue Bill No.s 91, 101, 194 -94 until February 13, seconded by Council Member Coleman. The motion carried. BILL NO. 91 -94 BILL NO. 101 -94 BILL NO. 104 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 310 WEST MONROE STREET IN THE CITY OF SOUTH BEND, INDIANA A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE BUILDING LOCATED AT 320 WEST JEFFERSON BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE BUILDING LOCATED AT 534 LA PORTE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 116 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE BUILDING LOCATED AT 1601 KEMBLE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This being the time theretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Oxian, President of Historic Preservation, made the presentation for the bill. He indicated the building is ranked as an eleven, was once a bank and it was neoclassical architecture. He indicated the property owners and the real estate agent on July 13, 1994. Kathleen Cekanski - Farrand, Council attorney, asked if the property owners had agreed to this designation. Mr. Oxian indicated the property owners did not comment, and the real estate agent said they had no objection. He indicated the building has been vacant for about two years. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Luecke. The motion carried. BILL NO. 123 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY - A NORTH /SOUTH ALLEY BOUNDED BY WEST SOUTH STREET ON THE NORTH AND THE RAILROAD ON THE SOUTH. ALSO, AN EAST /WEST ALLEY BOUNDED BY MAIN STREET ON THE WEST AND MICHIGAN STREET ON THE EAST; PART SITUATED IN MARTIN AND TUTT ADDITION TO THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Puzzello reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Dick Rohde, General Manager of TRANSPO made the presentation for the bill. He indicated they were requesting this vacation in order to allow them to construct the new TRANSPO lot. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 124 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY - THE FIRST AND SECOND EAST -WEST ALLEYS NORTH OF E. PENNSYLVANIA AVE. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST. EACH BEING A WIDTH OF APPROXIMATELY 16 FEET AND A LENGTH OF APPROXIMATELY 415.17 FEET. ALSO, THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH FELLOWS ST. FROM THE SOUTH RIGHT - OF -WAY LINE OF EAST WENGER ST. TO THE NORTH RIGHT -OF -WAY LINE OF EAST PENNSYLVANIA AVE. FOR A WIDTH OF APPROXIMATELY 14 FEET AND A LENGTH OF APPROXIMATELY 384 FEET, EXCLUDING THE PORTION THAT INTERSECTS WITH THE EAST -WEST ALLEYS. PART SITUATED IN WENGER'S FIFTH ADDITION TO THE CITY OF SOUTH BEND 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 Puzzello reported that the Public Works and Property Vacation Committee had met on this bill REGULAR MEETING JANUARY 9, 1995 and recommended it to the Council favorable. Ann Mannix, project manager for South Bend Heritage the presentation for the bill. She indicated they were requesting this vacation in order to allow them to construct fifty -nine parking spaces for the fifty four apartments they were constructing. She indicated construction has started on the units. Council Member Luecke indicated he was an employee of South Bend Heritage and he does not stand to gain from voting on this bill, so there is no conflict of interest. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 121 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -124 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING RETIREMENT GIFTS FOR PUBLIC SAFETY SWORN PERSONNEL 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 Zakrzewski reported that the Health and Public Safety Committee had met on this bill and recommended it to the Council favorable. Council Member Ladewski made the presentation for the bill. He indicated the purpose of this was to correct language in the bill passed in 1988, which stated that a retiring officer would receive his revolver, and at the present time they are using semi - automatics. He indicated this bill also included a provision that the firefighters would receive their helmets when they retire. Joyce Boaler, 1606 Hillsdale; Ron Marciniak, Police Chief; Cpl. Tom Leszcz, president of the FOP Lodge 36; Luther Taylor, Fire Chief; Sgt. Dave Hecklewski, police department; Mike Hummel, 1115 S. Parkway; Larry Grummell, 1919 S. Carlisle; spoke in favor of this bill. Larry Schmidt, Osceola, indicated the City should not have a give -away program. Council Member Zakrzewski indicated he sponsored the 1988 ordinance and this bill, and he felt the police officers should receive their weapons. Council Member Coleman indicated he did not feel the City should be in the business of hand guns or give -away programs. Kathleen Cekanski- Farrand indicated the bill should be amended in Section 2, by adding "retroactive to September 1, 1994." Council Member Zakrzewski made a motion to accept the amendment, seconded by Council Member Slavinskas. The motion carried. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Duda. The motion carried. BILL NO. 125 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING FORTH BENEFITS FOR THE SURVIVORS OF CERTAIN POLICE OFFICERS AND FIREFIGHTERS 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 Zakrzewski reported that the Health and Public Safety Committee and the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Thomas Bodnar, Deputy City Attorney, made the presentation for the bill. He indicated this bill will set forth the City's obligations to widows, minor children, and incapacitated children of deceased policemen and firefighters. He indicated this bill further eliminates any apparent discrepancies between police and fire survivors. He indicated funeral benefits for firefighters are covered under statute, however, police statutes say an ordinance shall fix the amount. Ron Marciniak, Police Chief and Luther Taylor, Fire Chief, spoke in favor of this bill. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 126 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CERTAIN MONETARY FRINGE BENEFITS FOR FIREFIGHTERS OF THE CITY OF SOUTH BEND DURING THE CALENDAR YEARS 1995 AND 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 Zakrzewski reported that the Health and Public Safety Committee and the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Council Member Luecke made a motion to amend this bill in Section 2, by changing the period to an comma and adding "retroactive to January 1, 1995.1', seconded by Council Member Coleman. The motion carried. Chief Taylor made the presentation for the bill. He indicated this bill makes adjustments in Haz /Mat and Confined Space incentive pays for 1995 and 1996. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council member Duda. The motion carried. BILL NO. 127-94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 2 OF CHAPTER 17 OF THE MUNICIPAL CODE RELATING TO PRETREATMENT REQUIREMENTS FOR THE USE OF THE PUBLIC SEWERS This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Duda. The motion carried. Council Member Washington reported that the Utilities Committee had met on this bill and recommended it to the Council favorable. Ken Zmudzinski, pretreatment coordinator, made the presentation for the bill. He indicated this bill expands the list of prohibited discharges by removing Board of Public Works discretion to determine the acceptability of certain classes of waste; raises limits of biodegradable animal and vegetable fats; grants a variance to New Energy to discharge a pH exceeding 9.5; and adds a provision consistent with EPA's Enforcement Guide. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. Council Member Puzzello made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: ATTEST: City Clerk 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 8:26 p.m. Council President Ladewski presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8567 -95 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE BUILDING LOCATED AT 1601 KEMBLE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of eight ayes and one nay (Council Member Washington.) ORDINANCE NO. 8568 -95 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY - A NORTH /SOUTH ALLEY BOUNDED BY WEST SOUTH STREET ON THE NORTH AND THE RAILROAD ON THE SOUTH. ALSO, AN EAST /WEST ALLEY BOUNDED BY MAIN STREET ON THE WEST AND MICHIGAN STREET ON THE EAST; PART SITUATED IN MARTIN AND TUTT ADDITION TO THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8569 -95 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY - THE FIRST AND SECOND EAST -WEST ALLEYS NORTH OF E. PENNSYLVANIA AVE. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST. EACH BEING A WIDTH OF APPROXIMATELY 16 FEET AND A LENGTH OF APPROXIMATELY 415.17 FEET. ALSO, THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH FELLOWS ST. FROM THE SOUTH RIGHT -OF -WAY LINE OF EAST WENGER ST. TO THE NORTH RIGHT -OF -WAY LINE OF EAST PENNSYLVANIA AVE. FOR A WIDTH OF APPROXIMATELY 14 FEET AND A LENGTH OF APPROXIMATELY 384 FEET, EXCLUDING THE PORTION THAT INTERSECTS WITH THE EAST -WEST ALLEYS. PART SITUATED IN WENGER's FIFTH ADDITION TO THE CITY OF SOUTH BEND 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 Duda. The motion carried. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8570 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -124 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING RETIREMENT GIFTS FOR PUBLIC SAFETY SWORN PERSONNEL This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of seven ayes and two nays (Council Members Luecke and Coleman.) ORDINANCE NO. 8571-95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING FORTH BENEFITS FOR THE SURVIVORS OF CERTAIN POLICE OFFICERS AND FIREFIGHTERS This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8572 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CERTAIN MONETARY FRINGE BENEFITS FOR FIREFIGHTERS OF THE CITY OF SOUTH BEND DURING THE CALENDAR YEARS 1995 AND 1996 This bill had third reading. Council Member Zakrzewski 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 Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8573 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 2 OF CHAPTER 17 OF THE MUNICIPAL CODE RELATING TO PRETREATMENT REQUIREMENTS FOR THE USE OF THE PUBLIC SEWERS This bill had third reading. Council Member Luecke made a motion to pass this bill, alarM seconded by Council Member Zakrzewski ayes. RESOLUTIONS The bill passed by a roll call vote of nine RESOLUTION NO. 2207 -95 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 5117 S. IRONWOOD DRIVE, 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: 5117 S. Ironwood in order to permit display, exhibit, trade, sell and /or exchange of outdoor equipment and firearms for the purpose of a trade show. Commercial, pursuant to Section 21 -112 (a) (6). Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: 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 special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special 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 subject to the Petitioner complying w i t h t h e reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Bob Nagle, assistant zoning administrator, reported that the BZA heard this petition on December 15 and voted unanimously to send it to the Council with a favorable recommendation. Howard Williams, attorney, made the presentation for the bill. He indicated he represented the fairgrounds as well as Outdoor Shows, Inc., in requesting an special exception to allow for a display, exhibit, trade, sell land /or exchange outdoor equipment and firearms for the purpose of a trade show. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2208 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 828 KERR STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR 4,000 SQ. FT. OFFICE ADDITION TO 828 KERR ST. & BUILDING RENOVATION, ADVANCED REGULAR MEETING MASONRY CONSTRUCTION, INC. JANUARY 9, 1995 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 828 Kerr, and which is particularly described as follows: A part of parcel 5 and the west half of the vacated alley lying East of an adjacent to Parcel 5 between Garst Street and Kerr Street in the Innerbelt Industrial Park, a Subdivision in the Southeast and Southwest Quarters of Section II and the Northeast Quarter of Section 14, all in Township 37 North, Range 2 East of the Second Principal Meridian, City of South Bend, Indiana, and plat of which is recorded in the Plat Book 211, page 1 in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning at the intersection of the middle line of said vacated alley with the Northerly line of Parcel 5 extended to the West; thence South 06 11" East, 243.39 feet to the Southerly line of said Parcel 5; thence North 89 47137" West along the Southerly line of said parcel 5 a distance of 211 feet; thence North 06 11' West, 243.32 feet to the Northerly line of said Parcel 5, thence Easterly along the Northerly line of said Parcel 5 a distance of 212 feet to the place of beginning; together with the South half of that part of the vacated portion of Kerr Street which lies adjacent to the North of the afore - described property as vacated by vacation resolution #3385 -1973, under Record #4, page 404 of the records of the Board of Public Works of the City of South Bend; together with all rights of easement for right -of -way purposes in common with other contiguous owners over that portion of the East Half of the vacated alley between Garst Street and Kerr Street. with said real estate having the following Key No. 18- 8022 - 089401 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 three (3) 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 /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Tom Lykowski made the presentation for the bill. He indicated they planned to expand, renovate and upgrade this facility that is used as office space for the company. Council Member Puzzello made a motion to adopt this resolution, as amended, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2209 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 RIVERSIDE DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR THE PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, 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 1400 Riverside Dr., and which is particularly described as follows: Beginning at the Southeast corner of the Southwest 1/4 of said Section 35; thence South 89 49'00" West (bearing assumed) along the South line of said Section, 308.97 feet; thence North 89 55'00" West, 12.00 feet to the Northline of a 12 foot alley; thence North 89 55100" West along said North line of alley, 236.61 feet to a point 120.00 feet South 89 55100" East of the East line of Kessler Boulevard, 128.00 feet to a point on the South line of King Street, 180.00 feet South 89 55118" East of the Northeast corner of Lot 10 as shown as REGULAR MEETING JANUARY 9, 1995 shown on the Section Plat of Northwest Addition in the City of South Bend recorded April 6, 1906 in Plat Book 0, pages 30 and 31; thence South 89 55118" East along the South line of King Street, 352.84 feet; thence North 0 00127" West, 194.85 feet to a point on the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06'09" East, 128.81 feet; thence North 89 46'49" East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37115" West along a chord subtending said Westerly line of Riverside Drive. 455.43 feet to the South line of Said Section 35; thence North 90 00100" West along said South line, 156.71 feet to the point of beginning. Commencing at the Southeast corner of the 1/4 of said Section 35; thence North 00 30130" West (bearing assumed) along the East line of said Southwest 1/4 a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00130" West along said East line 336.00 feet to the South line of Queen Street; thence South 89 56'09" West along said South line of Queen Street 176.60 feet; thence North 00 02'36" East 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56'09" West along said centerline of alley,131.27 feet; thence South 00 06'09" West along the East line of Lot 145 in the Third Plat of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the south line of Queen Street; thence South 89 56109" West along said South line of Queen Street, 12.93 feet to the East line of Allen Street; thence South 00 05151" West along said east line of Allen Street 329.81 feet to the South line of McCartney Street; thence South 89 58127" East along said South line of McCartney Street, 12.91 feet; thence South 00 06109" West 6.11 feet; thence North 89 56'09" East 308.71 feet to the Point of Beginning. with said real estate having the following Key No. 18- 2110 -4067 and 18- 2110 -4065 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 three (3) 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 seg. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Michael Kaser, Vice President of Finance, made the presentation. He indicated they to modernize their manufacturing and material handling facilities through the purchase of new equipment at a cost of 2.3 million dollars. 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 nine ayes. RESOLUTION NO. 2210 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1200 BLOCK FELLOWS (EAST SIDE), 500 BLOCK WENGER (SOUTH SIDE), 1200 BLOCK RUSH (WEST SIDE) AND 500 BLOCK PENNSYLVANIA (BOTH SIDES) TO BE AN ECONOMIC REVITALIZATION AREA FOR THE PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR HERITAGE HOMES SOUTHEAST 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 1200 Block Fellows (East side), 500 Block Wenger (South side) 1200 Rush (West side) and 500 block Pennsylvania (both sides) and which is particularly described as follows: Lots numbered 100 through 107, inclusive Lots numbered 228 through 121, inclusive Lots numbered 132 through 139, inclusive as shown on the plat of Wenger's 5th addition Also, Lots numbered 157 through 164, inclusive REGULAR MEETING as shown on the plat of Wenger's 6th addition as recorded in the office of the Recorder of St. Joseph County, Indiana and which has Key Numbers: 18- 7014 -0525 18- 7023 -0887 18- 7023 -0909 18- 7014 - 0525 -01 18- 7023 -0888 18- 7023 - 0909 -01 18- 7014 -0526 18- 7023 -0889 18- 7023 -0910 18- 7014 -0527 18- 7023 -0890 18- 7023 - 0910.01 18- 7014 -9528 18- 7023 -0891 18- 7023 -0922 18- 7014 -0529 18- 7023 -0892 18- 7023 -0923 18 -7014- 029.01 18- 7023 -0893 18- 7023 -0924 18- 7014 -0530 18- 7023 -0894 18- 7023 -0925 18- 7014 -0531 18- 7023 -0895 18- 7023 -0926 18- 7014 -0532 18- 7023 -0896 18- 7023 -0927 18- 7023 -0907 18- 7023 -0928 18- 7023 -0908 18- 7023 -0929 as an Economic Revitalization Area; and JANUARY 9, 1994 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 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 /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Ann Mannix, Housing Development Manager, for Heritage Homes, made the presentation. She indicated they planned to construct fifty -four two and three bedroom apartments in twenty -seven duplexes which will be rented to low income families. Council Member Luecke announced that he is an employee of South Bend Heritage, but will not receive financial gain from passage of this resolution. Council Member Coleman made motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2211 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1122 SOUTH MAIN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND FIREFIGHTERS FEDERAL CREDIT UNION 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 1122 South Main, South Bend IN, and which is particularly described as follows: Lot numbered Four (4) as shown on the recorded Plat of Studebaker Corridor Fourth Minor Subdivision, recorded May 7, 1993, in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 9315731. and which has Key Number 18 8083 0147, be designated as an Economic with said real estate having the following Key No. 18 8083 0147 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 REGULAR MEETING JANUARY 9, 1994 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 three (3) 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 seg. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Jim Masters, attorney, made the presentation. He indicated the Firefighters Credit Union will relocate the old Policemen's Credit Union building at 815 S. Lafayette to property at 1122 S. Main. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2212 -95 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 2422 VIRIDIAN DRIVE AN ECONOMIC REVITALIZATION AREA FOR THE PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR JOHN R. & LAI -LO GOULD WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 2422 Viridian, South Bend, Indiana, and which is more particularly described as follows: That part of the southeast quarter of Section 28, T. 38 N., R. 2 E., City of South Bend, St. Joseph County, Indiana, which is described as: Beginning at a point which is the intersection of the West right -of -way line of Bendix Drive and the North line of Viridian Drive which is n. 00 02' 06" w., 771.89 ft. from a point on the South line of said Section which is N. 90 00' 00" W. (assumed bearing). 40.00 ft. from an iron in a monument box marking the Southeast Corner of said Section; thence around a 40.00 ft. Radius curve to the Right an Arc distance of 72.33 ft. to the end of a chord which bears S. 51 46' 11" w. and having a distance of 62.87 ft.; thence around a 210 ft. Radius curve to the Right an Arc distance of 77.97 ft. to the end of a chord which bears n. 65 47' 20" W. and having a distance of 77.52 ft.; thence around a 586.97 ft. Radius curve to the Left an Arc distance of 357.00 ft. to the end of a chord which bears N. 71 34' 35" W and having a distance of 351.52 ft.; thence S. 90 00' 00" W., 268.26 ft.; thence N. 00 22' 17" E., 169.87 ft.; thence N 69 21' - 01" E., 771.91 ft. (771.89 ft. Record); thence s. 00 02" 06" E., 152.84 ft.; thence S. 90 00' 00" W., 125.00 ft.; thence S. 00 02' 06" E., 264.00 ft.; thence N. 90 00' 00" e., 125.00 ft.; thence S. 00 02' 06" E., 123.38 ft. to the Point of Beginning. Containing 4.92 acres. and which has Key Number 25 1010 040804 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 of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1-1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits 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 II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is REGULAR MEETING reasonable for projects of this nature; JANUARY 19, 1994 C: That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment 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; 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; and G. That the petition qualifies as a special exception under Section 2 -84 of the South Bend Municipal Code since there is limited access to the property, since the area surrounding the office park is 50% ravine, and since the property adjacent to the office park has caused substantial difficulty for development. 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 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 ten (10) 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/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. He made a motion to amend this resolution in Section 2, paragraph E, by striking "and" and in Section F strike the period and make it a semi - colon, add a new paragraph G that read - "That the petition qualifies as a special exception under Section 2 -84 of the South Bend Municipal Code since there is limited access to the property, since the area surrounding the office park is 50% ravine, and since the property adjacent to the office park has caused substantial difficulty for development. ", seconded by Council Member Coleman. The motion carried. John Gould, petitioner, made the presentation for the bill. He indicated he was the owner of Viridian Office Park, and plans to construct four 2,500 square foot class A office buildings in the park. He indicated this will comprise phase II and phase III of the office development. He indicated he plans to construct other office buildings in phases IV and V to complete the park. The cost of this project is estimated at $700,000. Council Member Kelly made a motion to adopt this resolution, as amended, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2213 -95 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 16 AND 17 TOLL ROAD INDUSTRIAL PARK, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR STEPHEN E. AND SUSAN M. BUSK, DBA BUSK BROTHERS FURNITURE WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as Lot 16 and 17 Toll Road Industrial Park, and which is more particularly described as follows: Lots 16 and 17 Toll Road Industrial Park South Bend IN and which has Key Number 25 1013 021107, and 25 1013 021201 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 of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine REGULAR MEETING JANUARY 9, 1995 that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1-1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits 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 II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C: That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment 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 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 qualified for and is granted property tax di SECTION VII. The Common Council directs adoption of this Declaratory Resolution published pursuant to Indiana Code 5 -3 -1 publication providing notice of the public proposed confirming of said declaration. determines that the property owner is eduction for a period of six (6) years. the City Clerk to cause notice of the for Real Property Tax Abatement to be and Indiana Code 6 -1.1- 12.1 -2.5, said hearing before the Common Council on the 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/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Mark Sklorenko, president of Busk Brothers, made the presentation for the bill. He indicated they planned to build a 59,000 square foot warehouse which will serve as the primary warehouse location for their furniture outlets. He indicated the project is estimated to cost $1,115,000. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2214 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN AGREEMENT CONCERNING THE POSITION OF SECURITY COORDINATOR FOR THE SOUTH BEND COMMUNITY SCHOOL CORPORATION WHEREAS, the City of South Bend, Indiana (City), and the South Bend Community School Corporation (School Corporation), desire to cooperate to create and staff the position of Security Coordinator for the School Corporation in order to provide safety and security services throughout the School Corporation; and IREGULAR MEETING JANUARY 9, 1995 WHEREAS, the School Corporation has concluded that the administration of a safety and security program within the School Corporation can most efficiently be accomplished by a South Bend police officer employed by the Department and that cooperation between the City and School Corporation in this regard will enhance the working relationships between the City and the School Corporation; and WHEREAS, the City and the Common Council acknowledge and agree that a South Bend police officer can provide the safety and security services that the School Corporation requires and that the provision of such services will foster effective working relationships between the School Corporation and the Department; and WHEREAS, I.C. 36 -1 -7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise, jointly or by one entity on behalf of the others, powers that may be exercised by such units severally; and NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED THE CITY OF SOUTH BEND, INDIANA UNDER I.C. 36 -1 -7, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. THAT the Common Council of the City of South Bend, Indiana has considered and hereby approves the establishment of a cooperative arrangement with the South Bend Community School Corporation for the creation and staffing of the position of Security Coordinator for the School Corporation. Section II. THAT the Common Council of the City of South Bend, Indiana hereby authorizes the Mayor of the City of South Bend, Indiana to enter into and execute a Security Coordinator Interlocal Agreement, in form and substance and same as or similar to that of the Agreement attached thereto. 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/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution was this time. Jenny Manier, Assistant City Attorney, made the presentation for the bill. She indicated this interlocal agreement creates the position of security coordinator for the School Corporation and the staffing of that position with a sworn officer of the South Bend Police Department. She indicated the officer will serve a term of five years, and it can be renewed. She indicated the salary and fringe benefits will be reimbursed to the City. Ron Marciniak, Police Chief, spoke in favor of this agreement. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 1 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 195' NORTHEASTERLY OF THE INTERSECTION OF PRAIRIE AVENUE AND LOCUST ROADS ON THE SOUTHERLY SIDE OF PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Slavinskas. The motion carried. NEW BUSINESS Council President Ladewski announced the Council's wage negotiating team for the upcoming Teamsters negotiations, they are - Council members Kelly, Luecke and Ladewski. PRIVILEGE OF THE FLOOR Police Chief Marciniak indicated he appreciated the Council's support on all of the items on the agenda. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Washington. The motion carried and the meeting was adjourned at 9:10 p.m. ATTEST: ATTEST: City Clerk 297