Loading...
HomeMy WebLinkAbout03-14-94 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, March 14, 1994, 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, Puzzello, Slavinskas, 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 February 28, 1994 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Ann Puzzello /s/ Gene Ladewski Council Member Luecke made a motion that the minutes of the February 28, 1994, meeting of the Council be accepted and placed on file, seconded by Council Coleman. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2104 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE THIRD DISTRICT AMERICAN LEGION AND THE SOUTH BEND AMERICAN LEGION POST 50 AS THEY CELEBRATE THE 75TH BIRTHDAY OF THE FOUNDING OF THE AMERICAN LEGION, AND ESTABLISHING THE WEEK OF MARCH 15TH AS "AMERICAN LEGION WEEK" IN SOUTH BEND, INDIANA. WHEREAS, the Common Council acknowledges that this year the American Legion celebrates its 75th anniversary of providing continuous service to veterans, families of veterans and the nation; and WHEREAS, our community is indeed fortunate to have the fine services of the 3rd District American legion and the South Bend American Legion Post 50; and WHEREAS, today the American Legion is made up of more than 3.1 million Americans who sacrificed time with their families and left their careers to serve our country; and WHEREAS, the American Legion, through the 3rd District American Legion and the South Bend American Legion Post 50 have maintained a viable Veterans Administration health Care System in place to help serve those in need; and WHEREAS, such programs as the American Legion High School Oratorical program; the American Legion Baseball; American Legion Boy Scouts; Boys State and Girls State; and other youth programs have provided opportunities to educate the youth of our country about the responsibilities of citizenship; and WHEREAS, the week of March 15th will mark the official 75th Birthday of the founding of the American Legion. NOW, THEREFORE, be it ordained, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the South Bend Common Council hereby designates the week of March 15, 1994, as "American Legion Week" in the City of South Bend, Indiana. Section II. The Common Council is proud of the many accomplishments of the 3rd District American and the South Bend American Legion Post 50 which it has provided for the past several years. Section III. The South Bend Common Council encourages all of the citizens of South Bend to participate and celebrate with the veterans of Word War I, World War II, Korea, Vietnam, Lebanon, Grenada, Panama, Desert Shield and Desert Storm. Section IV. This Resolution shall be in full force and effect upon its adoption by the Common council and approval by the Mayor. Stephen Luecke, 1st District Linas Slavinskas, 5th District Cleo Washington, 2nd District Roland Kelly, 3rd District Ann Puzzello, 4th District Thomas Zakrzewski, 6th District Sean Coleman, At Large Loretta Duda, At Large Eugene Ladewski, At Large Attest and Approved this 14th day of March 1994. Irene K. Gammon, City Clerk Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Ladewski made the presentation for the resolution. He read the resolution and mentioned the many services the American Legion performs, such as the baseball league. Mayor Kernan spoke in favor of this resolution. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. REPORTS OF CITY OFFICES Phil St. Clair, Superintendent of Parks, gave a report on the Park Department. 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 March 14, at 7:25 p.m., with nine members present. Chairman Kelly presiding. BILL NO. 117 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 116 N. FRANCES STREET IN THE CITY OF SOUTH BEND, INDIANA. ThIs being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, senior planner Area Plan, indicated the petitioners were requesting this zoning from "B" to "C" to allow for a parking lot. He indicated the Commission sends this to the Council without recommendation. Council Member Ladewski mae a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Washington. The motion carried. Joseph Amaral, attorney, made the presentation for the bill. He indicated the petitioners desired to build a parking lot directly across the street from their medical practice. He indicated this lot would be used for staff parking, and the rezoning would be subject to a final site plan. Council Member Luecke indicated he does not see this as a start of "C" commercial for the area. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 1 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3602 S. IRONWOOD DRIVE, IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, senior planner Area Plan, indicated the petitioners were requesting this zoning in order to build a long -term care addition. He indicated this zoning received a favorable recommendation from the Commission. Susan Koehler, vice president of Holy Cross Care Services, made the presentation for the bill. She indicated Holy Cross Heath Services took over control of St. Paul's in 1989 and have enhanced the property at that location. She indicated that St. Paul's was the only continuing care retirement living in South Bend. Dean Bergeman, Mathews - Purucker - Anella, Inc., indicated this was an application for a revision of the final site plan. He indicated they were adding ten to twelve garages, a health and wellness center, an addition to the chapel, an adult day care facility, a child day care facility and single floor patio type apartment units. Merle Blue, 3602 S. Ironwood; Sister Joan Upjohn; Kenneth Kentner, 3602 S. Ironwood; Katherine Klope, 3602 S. Ironwood; Cecil Ball, 3602 S. Ironwood; spoke in favor of this bill. Mary Ellen Hill, Director of St.Paul's, asked the Council to consider their request. Cleo Mellinger, 3833 S. Ironwood, spoke against this rezoning indicating it would be an intrusion into the neighborhood. William Farbaugh, Topsfield Road, spoke regarding screening from single units and the road. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 14 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING OF THE ISSUANCE OF LEASE RENTAL REVENUE BONDS BY THE SOUTH BEND REDEVELOPMENT AUTHORITY. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Joseph Kernan made the presentation for the bill. He indicated this bond issue would finance the College Football Hall of Fame, as well as make needed improvements to the Century Center as a part of the overall convention facility. The indicated this was the 17th public hearing on the Hall of Fame issue. He indicated the Hall of Fame attendance figures will be substantial and the cash flow will be positive; the momentum will be continued, as well as the enthusiasm. He indicated that they plan to pay for it from private resources, and the final package was different from what was proposed: The National Football Foundation will guarantee 4.5 million dollars worth of bonds; several citizens within the community have guaranteed an additional 2.5 million; Notre Dame has agreed to assist us - Phil Faccenda and William Sexton will spearheading the fund raising process; and the Indiana General Assembly has passed a bill increasing the hotel /motel tax an additional 1% and that guarantees if we need those funds they will be available. He indicated ground would be broken in April and the Hall will open August 1, 1995. Brian Hedman, Director of Century Center, indicated the Center has so much business it needs to be expanded as well as upgraded. Susan Vissar, Director of the South Bend Museum of Art, indicated they were pleased with the proposed renovation, since they will be able to display their collection of Indiana art and will now have their own entrance to the museum. Dick Nussbaum, City Attorney, gave the details of the agreement with the National Football Hall of Fame. Kevin Horton, City Controller, discussed the financial aspect of the project. Mayor Kernan read the list of local people who have pledged to the Hall of Fame. William Sexton, Vice President of University Relations, indicated Notre Dame remained silent on this project because they did not want people to think they were creating a shrine to Notre Dame. He indicated they feel they now need to get behind the City to get this developed. Phil Faccenda, 1122 Erskine, indicated he encouraged several of his friends to move this project forward. He indicated he has been involved in economic development in this community for 27 years. Bill Starck, president of the Moose Krause chapter of the Football Hall of Fame, read a letter from Bill Prence, chairman of the National Football Foundation. Pat McMahon, Director of Project Future, indicated South Bend had the historical ties, a good transportation system for people coming into the community; the demographics of our convention center; the football alumni that come into the community; to be the host city for the Hall of Fame. Kenneth Fedder, attorney, indicated he served as the attorney for the Economic Development Commission and this type of project will bring business to the downtown. Jim Paulson, owner of Bulleye Liquor spoke in favor of the Hall and presented a check for $2,563 raised at their last golf tournament. Russ Robinson, vice president of O'Brien Corporation, spoke in favor of Hall and announced that Fuller- O'Brien Paints will supply all of the necessary paints to complete the construction of the Hall. Jack Albertson, 1469 Abshire Dr.; Ed Sullivan, 16352 Chandler; Renelda Robinson, 737 Frances; Alonzo Watson, 501 S. Scott; Margaret Filchak, 401 E. Colfax; June Edwards, 3355 S. Twyckenham; Judy Chick, 53993 U.S. 31- 33 North, President of the Hotel /Motel Association; Mark McDonnell, 1095 Riverside; Sam Jones, 1517 Marquette; Sandy Redden, 17450 Darden Rd.; Mark Donoho, 1345 Northside Blvd, president of the Building Trades Union; Carter Wolf, 730 W. Washington, president of Center City Associates; Brian Regan, 402 E. Angela; Ken Fullmore, general manager of the Marriott; Steve Queior, president of the Chamber of Commerce; Jim Dingolo, 1225 Fairfax Dr.; Joseph Doyle, 5914 Aberdeen, a member of the Moose Krause Chapter of the Hall of Fame; Ken Herceg, 1714 E. LaSalle; Bob O'Connor, 1311 E. Woodside; Paula Auburn and Roman Piasecki, from the Redevelopment Commission; Charles Hurley, 20721 Rudgate Ct.; Rabbi Gettinger, 3311 Twyckenham; and Rick Wells 4413 Irish Hills Dr., spoke in favor of the Hall of Fame. Mike Waite, 1319 Randolph; Tom Brademas, 425 N. Michigan; Barbara Brownell, 1407 Sunnymedge; Joyce Boaler, 1606 Hillsdale; Lee Brummitt, 1129 Diamond; Dave Varner, 1306 Clayton Dr; John Bohanon, 2102 Lincolnway West; Chuck Norton, 916 Corby; David Frank, 1733 South Bend Avenue, Reuben Bang, 2810 Bonds Ave., spoke against this bill. All the Council Members indicated they were in favor of the Hall of Fame. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. Council Member Coleman made a motion to recess, seconded by Council Member Zakrzewski. The motion carried and the meeting was recessed at 12:06 a.m. and reconvened at 12:20 a.m. BILL NO. 15 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY. Council Member Slavinskas made a motion to continue public hearing on this bill until March 28, 1994, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 16 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 6 -37 OF THE SOUTH BEND MUNICIPAL CODE ADOPTING BY REFERENCE THE BOCA NATIONAL PROPERTY MAINTENANCE CODE /1993, THE MINIMUM MAINTENANCE STANDARDS, AND THE PRESERVATION STANDARDS FOR HISTORIC LANDMARKS IN SOUTH BEND AND ST. JOSEPH COUNTY. 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 reported that the Public Works and Annexation Committee had met on this bill and recommended it to the Council favorable. Kathy Dempsey, Director of Code Enforcement, made the presentation for the bill. She indicated this bill would adopt the fourth edition of the BOCA National Property Maintenance Code, as well as amends Section 6 -37 of the Municipal Code to add a penalty provision when the structure is not in compliance with the building standards. John Oxian, President of the Historic Preservation Commission, indicated this bill would adopt by reference Preservation Standards for Historic Landmarks as adopted by the Historic Preservation Commission. Kenneth Drapinski, 1922 E. Randolph, spoke against this bill. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Luecke. The motion carried. ATTEST: 4'e,� 9)t4 City Clerk 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 12:38 p.m. Council President Puzzello presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8471 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 116 N. FRANCES STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Luecke 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, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8472 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3602 S. IRONWOOD DRIVE, IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Slavinskas made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Coleman made a motion to pass this bill, as amended, seconded by Council Member Ladewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8473 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING OF THE ISSUANCE OF LEASE RENTAL REVENUE BONDS BY THE SOUTH BEND REDEVELOPMENT AUTHORITY. This bill had third reading. Council Member Zakrzewski 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. 8474 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 6 -37 OF THE SOUTH BEND MUNICIPAL CODE ADOPTING BY REFERENCE THE BOCA NATIONAL PROPERTY MAINTENANCE CODE /1993, THE MINIMUM MAINTENANCE STANDARDS, AND THE PRESERVATION STANDARDS FOR HISTORIC LANDMARKS IN SOUTH BEND AND ST. JOSEPH COUNTY. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2105 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3600 PROGRESS TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MIDWEST EMBROIDERY, 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 3600 McGill, South Bend IN, and which is particularly described as follows: A part of the northeast quarter (NE 1/4) of Section 28, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of said Section 28, thence South 89P 48'05" West (the bearing of the South line of the Southeast Quarter (SE 1/4) of Section 28 is assumed North 9U' 00' 00" West) a distance of 1305.00 feet along the North boundary of said Northeast Quarter (NE 1/4) to the centerline intersection of Cleveland Road and Kenmore Street; thence South Od' 00' 23" West a distance of 363.70 feet to a cross cut in the pavement: thence South 09 059' 37" East a distance of 531.87 feet to a cross cut in the centerline of Kenmore Street; thence South 800 00' 23" West a distance of 40.00 feet to a 1/2 inch iron rebar; thence North 540 59' 34" West a distance of 14.14 feet; thence South 800 20' 03 "West and a length of 90.15 feet to the point of beginning; thence South 000 0 0 ' 23" West a distance of 382.35 feet; thence North 8.9 °59' 37" West 352.17 feet; thence Northeasterly a distance of 43.47 feet along a segment of a curve to the left, having a radius of 50.00 feet, subtended by a chord, having a bearing of North 5g' 12' 33" East and a length of 42.11 feet; thence Northeasterly a distance of 26.65 feet along a segment of a curve to the right, having a radius of 67.50 feet, subtended by a chord, having a bearing of North 4e 411.25" East a length of 26.65 feet, thence South 89° 59' 37" East a distance of 49.04 feet; thence northeasterly a distance of 249.28 feet along a curve to the left, having a radius of 1944.86 feet, subtended by a chord, having a bearing of North 860 20' 07 East and a length of 249.11 feet to the point of beginning. with said real estate having the following Key No. 25 1010 038510, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and S, the Council held a public hearing for the purposes of hearing all trances and objections from interested persons; and EAS, the Council has determined that the qualifications for an economic talization area have been met. THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Lana, as follows: ION I. The Common Council hereby confirms its Declaratory Resolution designating area described herein as an Economic Revitalization Area for the purposes of tax ement. Such designation is for Personal property tax abatement only and is ted to two (2) calendar years from the date of adoption of the Declaratory lution by the Common Council. TION II. The Common Council hereby determines that the property owner is lified for and is granted Personal property tax deduction for a period of five (5) rs, and further determines that the petition complies with Chapter 2, Article 6, the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. This Resolution shall be in full force and effect from and after its the Common Council and approval by the Mayor. /s /Ann Puzzello Member of the Common Council public hearing was held on the resolution at this time. David St. Clair, Vice resident, made the presentation for the resolution. He indicated they planned to urchase new machinery in order to be competitive. He indicated 21 new jobs would be reated. Council Member Slavinskas made a motion to adopt this resolution, seconded y Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS LOT 18C TOLL ROAD INDUSTRIAL PARK, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR TOLL ROAD INDUSTRIAL PARTNERS L.P. WHEREAS, a petition for real property tax abatement has been filed with the City erk for consideration by the Common Council of the City of South Bend, Indiana questing that the area commonly known as Lot 18C Toll Road Industrial Park, South nd, Indian, and which is more particularly described as follows: A parcel of land in the southeast quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana and described as follows: Beginning at the northeast corner of the southeast quarter of said Section 21: Thence north 00 degrees 45' 45" west along the east line of Lot 18 -B of Gainey's replat of Lot 20 Section 1 and Lot 18, Section 6, Toll Road Industrial Park, as recorded under Instrument Number 9029253, dated October 19, 1990, in the Office of the Recorder, St. Joseph county, Indiana, a distance of 943.54 feet to the northeast corner of said Lot 118 -B; thence south 88 degrees 53' 36" west along the north line of Lot 18 -B, a distance of 932.88 feet; thence south 00 degrees 56' 57" east, along the west line of Lot 18 -B, a distance of 1130.08 feet; thence north 88 degrees 53' 36" east, a distance of 930.01 feet to the east line of Lot 18 -B; then north 01 degrees 00" 44" west, along the east line of Lot 18- B, a distance of 186.55 feet to the place of beginning, and containing 24.1557 acres, more or less, and is subject to any easement, restrictions and /or covenants of record. and which has Key Number 25 1013 0216 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 it has reviewed said report and recommended to the Common Council that the area fies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, ndiana, 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. 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. G. That the area is located in an Economic Development Target Area designated as such under Indiana Code 6 -1.1- 12.1 -7. 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/ Ann Puzzello 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 and recommended it to the Council favorable. John Phair, 1612 E. Washington, made the presentation for the bill. He indicated the Holladay Corporation planned to contract a facility at a cost of 2.5 million dollars, that will serve a as regional distribution center for a national company. Council Member Coleman made a motion adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. BILL NO. 94 -21 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 840 PRAIRIE AVENUE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR MATTHEW R. DEE. Council Member Luecke made a motion to continue this resolution until March 28, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2107 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN AGREEMENT ESTABLISHING THE CONSOLIDATED DEPARTMENT OF RECORDS MANAGEMENT AND AUTHORIZING THE EXECUTION THEREOF. WHEREAS, the City of South Bend, Indiana (City), and the County of St. Joseph (County) desire to cooperate in the management and preservation of public records in order to provide for the professional, systematic handling, management, storage and preservation of City and County public records; and WHEREAS, the County is willing to assume the responsibility for the day -to -day operation of the Department of Records Management and Archives and to continue to employ all current County Department of Records Management and Archives employees and to employ any additional necessary employees; and WHEREAS, the efficiencies of administration resulting from such a joint operation consolidation will produce cash savings for both the City and the County; 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 WHEREAS, substantially similar resolutions will be approved by the County Council of St. Joseph County. NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED THE CITY OF SOUTH BEND, INDIANA UNDER I.C. 36 -1 -7, THE INDIANA INTERLOCAL COOPERATION ACT 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 Consolidated Department of Records Management for the provision of records management services, the development and implementation of public records retention schedules, the classification of all public records and provision of imaging services, the maintenance of a St. Joseph County Archives, and related activities. 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 an agreement establishing a Consolidated Department of Records Management, in form and substance the same as or similar to that of the Agreement attached hereto. 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. Common Council BILLS. FIRST READING BILL NO. 17 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY (ALSO KNOWN AS GORTZ COURT), SOUTH OF WESTERN AVENUE FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH LAFAYETTE BLVD., TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH LAFAYETTE BLVD., FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALLEY LOCATED IN MARTIN'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing and third reading on March 28, and refer it to the Public Works and Vacation Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 18 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 322 W. WASHINGTON AVE., IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer it to Area Plan, seconded by Council Member Slavinskas. The motion carried. BILL NO. 19 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 910 BRUCE STREET, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer it to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 20 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3900 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA 46628, FOR BASEBALL, INC., AN INDIANA CORPORATION. This bill had first reading. Council Member Coleman made a motion to refer it to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 21 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF WINDFALL DRIVE AND SUMMIT DRIVE IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer it to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 22 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING SERVICE COURT NO. 5 FROM WASHINGTON STREET SOUTH FOR A DISTANCE OF APPROXIMATELY 212 FEET. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing and third reading on March 28, and refer it to the Public Works and Vacation Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 23 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING TUTT STREET FROM MAIN STREET TO THE FIRST NORTH -SOUTH ALLEY EAST OF MAIN STREET AND VACATING THE FIRST NORTH -SOUTH ALLEY EAST OF MAIN STREET FROM TUTT STREET, TO THE SOUTH TO THE FIRST EAST -WEST ALLEY NORTH OF TUTT STREET, TO THE NORTH. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing and third reading on March 28, and refer it to the Public Works and Vacation Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 24 -94 A BILL APPROPRIATING $785,520.00 FROM THE SEWAGE WORKS BOND FUND AND THE WASTEWATER GENERAL REVENUE FUND FOR THE CHIPPEWA BASIN 102 CONSTRUCTION PROJECT. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for public hearing and third reading on March 28, and refer it to the Utilities Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 25 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING THE GOLF COURSE DIVISION WITHIN THE PARK MAINTENANCE FUND AND APPROPRIATING MONIES FROM THE PARK MAINTENANCE DIVISION TO THE GOLF COURSE DIVISION WITHIN THE PARK MAINTENANCE FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1994. This bill had first reading. Council Member Washington made a motion to set this bill for public hearing and third reading on March 28, and refer it to the Parks and Recreation Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 26 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES WITHIN THE ZOO ENDOWMENT FUND TO BE USED FOR CAPITAL PROJECTS AND /OR IMPROVEMENTS AT THE POTAWATOMI ZOO, CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1994. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing and third reading on March 28, and refer it to the Parks and Recreation Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 27 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $220,980.06 FROM NON - REVERTING REVENUE CATEGORIES WITHIN THE PARK MAINTENANCE FUND. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on March 28, and refer it to the Parks and Recreation Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 28 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $375,000.00 FROM THE OPERATING BALANCE OF THE PARK MAINTENANCE FUND. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing and third reading on March 28, and refer it to the Parks and Recreation Committee, seconded by Council Member Washington. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Ladewski made a motion to adjourn, seconded by Council Member Coleman. The motion carried and the meeting was adjourned at 9:28 p.m. ATTEST: � Tx"'� City Clerk