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HomeMy WebLinkAbout06-27-94 Council Meeting MinutesREGULAR MEETING JUNE 27, 1994 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, June 27, 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 Washington, Luecke, 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 June 13 meeting of the Council and found them correct. Therefore, we recommend the same be approved. 1s/ Ann Puzzello /s1 Eugene Ladewski Council Member Coleman made a motion that the minutes of the June 13, 1994, meeting be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2143 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING MARY GRUBESICH. WHEREAS, the Common Council of the City of South Bend notes that Mary Grubesich lives in the City of South bend and has two children, three grandchildren, and five great - grandchildren; and WHEREAS, her many interest include reading, crocheting, church activities, politics, and the Howard Park Senior Citizens Center; and WHEREAS, some of Mary's other activities include teaching euchre to seniors, being a Board Member of the Rum Village Neighborhood Association, Older Adults Council, V.F.W., AARP, and the Legion of Mary Circle of Serbian Sisters; and WHEREAS, Mary has received numerous awards for many groups and associations some of which include Real Services, the Resources Volunteer Red Cross Award, and countless other awards; and WHEREAS, Mary Grubesich was a Howard Park Representative in the contest for selecting the "Senior Woman of the Year "; and WHEREAS, Mary Grubesich competed with five local women, then competed in five other counties and became the Northern Indiana Representative to be a candidate for the "Older Hoosier of the Year" award which will be held in Indianapolis in August, 1994. NOW, THEREFORE, BE IT ORDAINED 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, on behalf of all of its residents publicly commends MARY GRUBESICH for her many contributions to our community over the past several years. SECTION II. Mary Grubesich's dedication to serving others by organizing a group of elderly citizens to sing for nursing homes, by volunteering her time to the "Aid to the Elderly ", to being an active member of the "Alzheimer Club ", and her numerous church activities are just some of the many, many examples of her hard felt tasks for others. SECTION III. The City of South Bend and the Common Council is indeed privileged to have Mary Grubesich as a finalist in the upcoming "Older Hoosier of the Year" contest and we wish her many success in the years to come. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke, 1st District Cleo Washington, 2nd District Roland Kelly, 3rd District Ann Puzzello, 4th District Linas Slavinskas, 5th District Thomas Zakrzewski, 6th District Sean Coleman, At Large Loretta Duda, At Large REGULAR MEETING JUNE 27, 1994 ATTEST: Irene Gammon City Clerk Eugene Ladewski, At Large Adopted this 27th day of June, 1994. Mayor Joseph E. Kernan A public hearing was held on the resolution at this time. Council Member Duda made the presentation for the resolution. She read the resolution and presented it to Mary Grubesich. Mrs. Grubesich thanked the Council for the resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2144 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING EMIL ECKENBERGER FOR HIS FORTY (40) YEARS OF VOLUNTEER SERVICE TO OUR COMMUNITY AS A SPECIAL POLICE OFFICER FOR THE ST. JOSEPH COUNTY CIVIL DEFENSE. WHEREAS, the Common Council of the City of South Bend, Indiana, proudly acknowledges that Emil Eckenberger has accumulated forty (40) years of dedicated and continuous service to our community through his volunteer service as a Special Police Officer for the St. Joseph County Civil Defense; and WHEREAS, the Council further acknowledges that Mr. Eckenberger has donated between 600 to 700 hours each of these forty years which total almost 28,000 hours; and WHEREAS, Mr. Eckenberger has always been available for service to his community despite the inclement weather and short notice; and WHEREAS, over the past forty years, Mr. Eckenberger has received countless awards beginning with the Certificate of Award in 1954, the American Police Service Medal in 1975, and the 35 Years of Faithful Service Award in 1989, just to name a few. WHEREAS, Chief Ronald G. Marciniak of the South Bend Police Department noted that on June 17, 1993, at approximately 3:00 p.m. Mr. Ekcenberger assisted with scene security at an explosion area and remained on duty without relief until 7:00 a.m. the next day - -this is just one of the name examples of dedicated volunteer service provided to our community by Mr. Eckenberger. NOW, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all of the residents of the City of South Bend, Indiana, the Common Council hereby publicly commends EMIL ECKENBERGER for his forty (40) years of dedicated service as a Special Police Officer for the St. Joseph County Civil Defense. SECTION II. The Common Council designates Thursday, June 30, 1994, as "Emil Eckenberger Day" in South Bend, Indiana, and notes that Mr. Eckenberger will be honored that day by his many friends and family. SECTION III. The Common Council publicly THANKS Emil Eckenberger for his dedication and hard work and the fine role model he is to our entire community. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke, 1st District 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 ATTEST: Adopted this 27th day of June, 1994. Irene Gammon City Clerk Mayor Joseph E. Kernan A public hearing was held on the resolution at this time. Council Member Duda made the presentation for the resolution. She read the resolution and presented it to Mr. Eckenberger. He thanked the Council for the resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2145 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP. WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 16.103 acres of vacant, undeveloped land, located in German Township, St. Joseph County, contiguous therewith and generally located south of Brick Road, and west of Portage Road. The development of the territory proposed to be annexed will require a basic level of municipal public services, which services shall include services of a non- capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fireprotection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with Federal, State and local laws, procedures, and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This resolution shall be in full force and effect upon its adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member, Common Council EXHIBIT A That part of the Northeast Quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana which is described as: Beginning at a point on the North line of said Section 21 and the centerline of Brick Road which is S 90 degrees 00' 00" W, 665.78 ft. from the northeast corner of said Section; thence S 00 degrees 13'40" W, 1063.47 ft.; thence N 89 degrees 53110" W, 660.00 ft.; thence N 00 degrees 13; 40" E, 1062.16 ft. to the north line of said Section and centerline of Brick Road; thence N 90 degrees 00100" E along said north line and centerline, 660.00 ft. to the point of beginning. Containing 16.103 acres. Subject to all legal highways, easements and restrictions of record. A public hearing was held on the resolution at this time. Council Member Slavinskas made a motion to amend the fiscal plan by adding table 3 and changing the date of the plan to June 1994, seconded by Council Member Washington. The motion carried. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this resolution and recommended it to the Council favorable. Larry Magliozzi, assistant director of Planning and Neighborhood Development, made the presentation for the resolution. He indicated this parcel of land was located at the SW corner of Portage and Brick Road. He indicated this was a voluntary annexation and it was proposed to develop the land for single family homes. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. REPORTS OF CITY OFFICES Ronalda Mennis, Benefits Manager, gave a report on the employee benefits 12 month claim analysis for 1993. She indicated $2,593,751 was paid out in 7,643 claims. Council Member Luecke made a motion to resolve into the Committee of the Whole, seconded by Council Member Washington. 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 June 27, at 7:31 p.m., with nine members present. Council Member Kelly presiding. BILL NO. 90 -93 A BILL AMENDING CHAPTER 21, ARTICLE 6.5, SECTION 21 -117.2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED HISTORIC PRESERVATION COMMISSION. Council Member Duda made a motion to continue this bill indefinitely, seconded by Council Member Washington. The motion carried. BILL NO. 42 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1112, 1118, 1122 IRONWOOD DRIVE IN THE CITY OF SOUTH BEND, INDIANA, 46615. 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. Scott Kugler, Area Plan, gave the Commission and Staff report. He indicated the petitioners were requesting this zoning to allow for a medical offices. He indicated this proposed rezoning received a favorable recommendation from Area Plan. Mike Danch, Pierce and Associates, made the presentation for the bill. He indicated this property was being rezoning to "B" residential in order to allow for a medical offices. He indicated this property has been rezoning four times, and the last time was for a medical offices, however, the rezoning reverted back to "A" when it was not built within one year. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 43 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 141 E. IRELAND ROAD, 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. Scott Kugler, Area Plan, gave the Commission and Staff report. He indicated the petitioners were requesting this zoning to allow for a auto service center. He indicated this proposed rezoning received a favorable recommendation from Area Plan. Richard Morgan, attorney for the petitioners, made the presentation for the bill. He indicated the petitioners planned to construct a Tuffy Auto Service Center in this location, which will operate from 8 to 5:30 p.m. week days and 8 to 2 p.m. on Saturday. He indicated they will have 6 employees and approximately 15 to 20 customers per day. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 46 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3445 LINCOLN WAY WEST 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. Scott Kugler, Area Plan, gave the Commission and Staff report. He indicated the petitioners were requesting this zoning to allow for a restaurant with a drive -up window, and a convenience store with gas pumps. He indicated this proposed rezoning received a favorable recommendation from Area Plan. Richard Best, the petitioner, made the presentation for the bill. He indicated they were requesting this zoning for a fast food restaurant and convenience store. He indicated the Council had previously zoned this property for two fast food restaurants, however, they were requesting a change in the site plan to allow for a convenience store. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 50 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 802- 810 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA. Council Member Luecke made a motion to continue public hearing on the bill until July 11, seconded by Council Member Coleman. The motion carried. BILL NO. 52 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; FRANCES C. HALEY PETITION. 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. Mike Danch, Pierce and Associates, made the presentation for the bill. He indicated this annexation of 16.103 acres was voluntary, and single family homes would be built on this site. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 57 -94 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING A NEW "BP" BUSINESS PARK DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS. 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. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Scott Kugler, Area Plan, made the presentation for the bill. He indicated this bill was initiated by Area Plan. He indicated new district is aimed at providing new business in the 2010 project area. He indicated the standards are similar to the "O" zoning. Larry Magliozzi, Economic Development, spoke in support of this bill. Council Member Slavinskas made a motion to recommend this bill to he Council favorable, as amended, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas made a motion to continue Bill No. 58 -94 until the meeting of July 11, and Bill nos. 60, 61, 62 -94 indefinitely, seconded by Council Member Coleman. The motion carried. BILL NO. 58 -94 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING TO AND MAKING CERTAIN OTHER REVISIONS TO THE ZONING ORDINANCE. BILL NO. 60 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING A HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 219/221 N. MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA. BILL NO. 61 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING A HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3418 MISHAWAKA AVENUE, IN THE CITY OF SOUTH BEND, INDIANA. BILL NO. 62 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING A HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 237 N. MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Washington. The motion carried. ATTEST: City Clerk ATTEST: Chairman REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chamber on the fourth floor of the County -City Building at 7:31 p.m., with Council President Puzzello presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8511 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1112, 1118, 1122 IRONWOOD DRIVE IN THE CITY OF SOUTH BEND, INDIANA, 46615. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll vote of nine ayes. ORDINANCE NO. 8512 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 141 E. IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll vote of nine ayes. ORDINANCE NO. 8513 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3445 LINCOLN WAY WEST IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll vote of nine ayes. ORDINANCE NO. 8514 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; FRANCES C. HALEY PETITION. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll vote of nine ayes. ORDINANCE NO. 8515 -94 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING A NEW "BP" BUSINESS PARK DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS. 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 Coleman made a motion to pass this bill, as amended, seconded by Council Member Washington. The bill passed by a roll vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2146 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3333 N. KENMORE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR AUCILLA INCORPORATED WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3333 N. Kenmore, South Bend IN, and which is particularly described as follows: A part of the Northeast Quarter of Section 28; thence South 89 degrees 48'05" west (the bearing of the south line of the southeast quarter of Section 28 is assumed North 90 degrees 00100' west) a distance of 1345.00 feet along the north line of said northwest quarter; thence south 0 degrees 00' 23" west a distance of 50.00 feet to the western boundary of Kenmore Street and the point of beginning; thence south 0 degrees 00123" west a distance of 146.47 feet along said western boundary; thence southerly along said boundary 297.10 feet along an arc to left having a radius of 1949.86 feet and subtended by a long chord having a bearing of south 4 degrees 21'31" east and a length of 296.77 feet; thence south 89 degrees 48105" west a distance of 499.31 feet; thence north 0 degrees 02'41" east a distance of 452.50 feet to the south boundary of Cleveland Road; thence north 89 degrees 48'05" east a distance of 466.42 feet along said south boundary; thence south 45 degrees 05'46" east a distance of 14.12 feet to the point of beginning and containing 5.000 acres, more or less. with said real estate having the following Key No. 25- 1010 - 038504 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 six (6) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated that June of 1992 the Council adopted a designating and confirming resolution for tax abatement, however, the construction of the real property has taken lager than anticipated and it will not be completed until possibly late summer of this year. He indicated that since was past the two year designation period they are requesting the Council to amend its original confirmatory resolution to expend the period to two and one - half years. He indicated that the original Statement of Benefits, showed the company had sixty -five employees, and would hire five additional employees, and they now have over 70 employees. 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. 2147 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4401 WESTERN AVE. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR UNIVERSITY COMMONS JOINT VENTURE EXPANSION 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 4401 Western Avenue, South Bend IN, and which is particularly described as follows: Part of the northwest quarter of Section 9, township 37 north, Range 2 east, City of South Bend, Indiana, described as part of Blocks "E" & "F" as shown on the recorded plat of Garden Village 2nd Unit and a part of blocks lettered "A" and "B" as shown on the recorded plat of Garden Village 3rd unit. The parcel is more particularly described as: Beginning at a point on the east line of Lombardy Drive, 150 feet north of the southwest corner of said Block Lettered "B ", thence north along said east line of Lombardy Drive, 392.15 feet to a point 210 feet north of the southwest corner of said Block Lettered "A ", 583.93 feet to the westerly line of the recorded Plat of part of Block "F" in Garden Village 2nd Unit and part of Block ""A in Garden Village 3rd Unit, an Addition to the City of South Bend; thence southeasterly along said westerly line of recorded plat 125.09 feet to a point; thence continuing southeasterly along said Westerly line of recorded plat, 199.86 feet to the southeasterly corner of lot 523 as shown on said recorded plat of part of Block "F" and Block "A "; thence east along the north line of said Block Lettered "E ", 105.44 feet; thence northeasterly along a line perpendicular to the westerly line of Villageway, 56.53 feet to the westerly line of Villageway; thence southeasterly along said westerly line of Villageway, 70 feet to the point of tangency of curve; thence continuing Southeasterly along said curved Westerly line of Villageway 202.48 feet arc measurement to the northeast corner of a tract of land conveyed to Chester W. Waggoner by Colpaert Realty Corporation, by virtue of a warranty deed dated June 20, 1969 and recorded July 1, 1969 in Deed recorded July 1, 1969 in Deed Record 716, page 65, in the Office of the Recorder of St. Joseph County, Indiana; thence West along the North line of said Waggoner tract, 210.93 feet; thence south along the West line of said Waggoner tract, 168 feet to the North line of Western Avenue; thence West along said North line of Western Avenue 231.57 feet to the West line of said Block Lettered "E "; thence North along said West line of Block Lettered "B "; thence Westerly along the Northerly line of Western Avenue, 543.29 feet to a point 150.01 feet Easterly of the Southwest corner of said Block Lettered "B "; thence North parallel with the West line of said Block Lettered "B ", 151.16 feet thence West parallel with the North line of said Block Lettered "B ", 150 feet to the place of beginning. PARCEL II: A part of Block Lettered "E" as shown on the recorded Plat of Garden Village 2nd Unit Addition, in the City of South Bend, described as beginning at the Northwest intersection of Village Way and Western Avenue; thence West along the North line of Western Avenue 125 feet; thence East on the line parallel with the North line of Western Avenue 120.62 feet; to the Westerly line of Village Way; thence Southeasterly along said Westerly line of Village Way to the place of beginning. PARCEL III: A part of Block Lettered "E" as shown on the recorded Plat of Garden Village 2nd Unit Addition to the City of South Bend, Indiana, more particularly described as follows: Commencing at a point on the North line of Western Avenue, 225 feet West of the West line of Village Way, said point being the Southwest corner of a tract of land conveyed to Chaster W. Wagoner by Colpaert Realty Corporation, by virtue of a warranty deed dated April 4, 1969 and recorded April 10, 1969 in Deed Record 712, page 428 in the Office of the Recorder of St. Joseph County, Indiana; thence North along the West line of said Wagoner tract, 143 feet to the point of beginning for the following described tract of land; thence continuing North along a line, said line being the West line of said Wagoner tract extended North 25 feet; thence East parallel with said North line of Western Avenue, 210.93 feet to the Westerly line of Village Way; thence Southeasterly along said Westerly line of Village Way 25.82 feet; are measurement to the Northeast corner of said Wagoner tract; thence West along the North line of said Wagoner tract, 217.25 feet to the place of beginning. PARCEL IV: A part of Block Lettered "E" as shown on the recorded Plat of Garden Village 2nd Unit Addition, in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point on the North line of Western Avenue, 125 feet West of the West line of Village Way, said point being the Southwest corner of a tract of land conveyed to the Phillips Petroleum Company by Belleville Investment Company by virtue of a Warranty Deed dated September 27, 1960 and recorded October 5, 1960 in Deed Record 606, page 197 in the office of the Recorder of St. Joseph County, Indiana; thence continuing West 100 feet; thence North along the line parallel with the West line of said Phillips Petroleum Company tract 142 feet; thence East parallel with said North line of Western Avenue 217 feet, more or less to the Westerly line of Village Way; thence Southeasterly along said Westerly line of Village Way to the Northeast corner of said Phillips Petroleum Company; thence West along the North line of said Phillips Petroleum Company tract 120.62 feet; thence South 125 feet to the place of beginning. with said real estate having the following Key Number 18- 4124 -4818, 18- 4124 - 481801, and 18- 4124 - 481802 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for 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 sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated Martins Supermarket are planning to renovate the exterior and interior of the store located in Phoenix Plaza. He indicated that 8,000 square feet of space will be added to the building and the parking lot will be repaired and resurfaced, as well as new lighting added. He indicated the total cost of the project is estimated at $2,000,000. Council Member Washington made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2148 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 814 S. MAIN STREET, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, INC., BUILDING EXPANSION. 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 814 S. Main, and which is particularly described as follows: PARCEL A That part of the Southwest quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, which is described as Lot #259 and the north 30 ft. of lot #260 together with the west half of a vacated alley adjacent to said portion of lot #260 within the recorded plat of "Daniel Garst's Subdivision of a part of his 1st Addition of South Bend City, now within and a part of the City of South Bend" and being more particularly described as: Beginning at a point of intersection of the South right -o£ -way line of Tutt Street and the East right -of -way line of Main Street said point also being the Northwest corner of Lot 259 as shown on the Plat of "Daniel Garst's Subdivison of a part of his 1st Addition of South Bend City, now within and a part of the City of South Bend" as Recorded' thence N89 degrees 48' 24" E. along said South right -of -way line, 140.10 (record 138.5') to the Northeast Corner of said Lot 259; thence S. 00 degrees 16' 35" E. along said East Lot line 64.41 Ft. (Record 64.0 ft.) to the Southeast Corner of said Lot 259; thence N. 89 degrees 47' 48 E., 6.00 ft.; thence S. 00 degrees 16' 35" E., 30.19 Ft. (Record 30.0 ft.); thence S. 89 degrees 47' 34" W., 145.77 ft. to the right -of -way line of Main Street; thence N 00 degrees 28' 33" W along said East line, 94.66 ft. to the Point of Beginning. Containing 0.3082 acres or 13,423 square feet. Subject to all legal highways, easements and restrictions of record. with said real estate having the following Key No. 18 3042 1630 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. — SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Stan Blenke, Vice President of Schafer Gear, made the presentation for the resolution. He indicated they planned to construct a 17,000 square foot building addition, at a cost of $800,000. He indicated fifteen new jobs would be created, and they will maintain fifteen -seven existing full -time jobs. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution passed by a roll call vote of nine ayes. RESOLUTION NO. 2149 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1530 S. OLIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR THE CON -WAY CENTRAL EXPRESS. 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 1530 South Olive, and which is particularly described as follows: 1. 1145.63' x 339.41' 2. BEG E LN OLIVE ST. with said real estate having the following Key No. 188075284102 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Greg Monticciolo, Service Center Manager, made the presentation for the resolution. He indicated to construct a 21,120 foot addition to their existing terminal, which will more than double their present capacity, at a cost of 1.2 million. 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 94 -64 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 4, TOLL ROAD, INDUSTRIAL PARK TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR RICK E. AND VICKIE D. NEWMAN. Council Member Coleman made a motion to continue public hearing on this bill until later in the meeting, if the petitioner was present at that time, seconded by Council Member Duda. The motion carried. RESOLUTION NO. 2150 -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 2722 TUCKER DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE OF INDIANA, INC., STEEL WAREHOUSE CO., INC., ALLAN LERMAN, FRANCES LERMAN, NATHAN LERMAN, AND A & F REALTY, INC. 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 2722 Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana. A part of the South 1/2 of the North west 1/4 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said point being 172.0 feet North of the North right of way line of the Indiana Northern Railway Company; thence Westerly parallel with said North right -of -way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. by a deed recorded October 16, 1973 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, Inc. tract, said line being parallel with the East line of said Southwest 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 495.90 feet to the North right -of -way line of the Indiana Northern Railway Company; thence Easterly along said North right -of -way line, 860.23 feet to the West edge of Steel Warehouse Co., Inc.'s building; thence North along said West edge of building 172.0 feet; thence Westerly parallel with the North right -of -way line of the Indiana Northern Railroad Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the Southwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest quarter of the Northwest Quarter, 324.5 feet to a point 172 feet North of the North line of the right -of -way of the Indiana Northern Railway Company; thence East parallel with the East line of said Southwest Quarter of the Northwest Quarter 320.75 feet to the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section fifteen (15), Township thirty seven (37) north, range two (2) east, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the northwest quarter (1/4) of said Section Fifteen (15); thence South along the norther and south center line of said quarter section two hundred twenty (220) feet to the north line of Tucker Drive; thence West along said north line of the west line of said Section Fifteen (15); thence north along said west line one hundred twenty -eight and one tenth (128.1) feet, more or less, to a line two hundred fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to the two hundred fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right -o£ -way, seven hundred twenty -seven and one hundredths (727.01) feet, more or less, to a point on the east line of the southwest quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence southerly along said East line one hundred ninety -nine and eighty -six hundredths (199.86) feet, more or less, to the south line of the northwest quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence east along said south line six hundred sixty -three and fifty -two hundredths (663.52) feet, more or less, to the place of beginning excepting thirty (30) feet off the east side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest Quarter of Section 15, Township 37 North Range 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, to -wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately south of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15) Township Thirty -seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the southeast quarter (1/4) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South 492.9 to the North line of the right -of -way of the Indiana Northern Railroad; thence East along the said North line of the right -of -way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. Together with a right -of -way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township No. 37 North, Range No. 2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub - division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: The original right -of -way across, the Northwest corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894, and recorded in Deed Record 95 page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right -of -way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less, to a point distant 250 feet by rectangular measurement from the original center line of said right -of -way; thence Northeasterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right -of -way a distance of 733.3 feet, more or less, to a point on the East line of said Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the Northeast corner of said Lot No. 16; thence West along the North line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection with the said Easterly line of said original right -of -way; thence South Westerly with said Easterly line a distance of 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less;excepting third, all that part of said Lot No. 16 which lies South of the North line of the right -of -way of the St. Joseph, South Bend and Southern Railroad Company, excepting fourth a strip of land 70 feet wide North and South lying next north of and adjoining the right -of -way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right - of -way of the New York Central Railroad Company. All of that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right -of -way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance o 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North of the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty -seven (37) North, Range two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the North and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along the north line to the West line of said Section Fifteen (15); thence North along said west line One Hundred Twenty -eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from and parallel to the original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to and Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original Centerline of the New York Central Railroad right -of -way, Seven Hundred Twenty -seven and one - Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty -three and Fifty -two Hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof of purposes of a public highway. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the North line of the right -of -way of the Indiana Northern Railway Company; thence East parallel with said North line of said right -o£ -way, 540 feet; thence north parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. and which has Key Number 18 075 284406, 18- 075 -2843, 18- 075 - 288403, 18- 075 - 284404, 18- 075 - 284502, 18- 075 - 284503, 18- 075- 28501, 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. 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 resolution and recommended it to the Council favorable. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated the petitioner proposed to construct 20,000 square foot additions to existing buildings in order to add manufacturing, warehousing and related office space. He indicated the addition would cost approximately $814,000. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine eyes. RESOLUTION NO. 2051 -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 2722 TUCKER DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO. 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 2722 Tucker, and which is more particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana. A part of the South 1/2 of the North west 1/4 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said point being 172.0 feet North of the North right of way line of the Indiana Northern Railway Company; thence Westerly parallel with said North right -of -way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. by a deed recorded October 16, 1973 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, Inc. tract, said line being parallel with the East line of said Southwest 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 495.90 feet to the North right -of -way line of the Indiana Northern Railway Company; thence Easterly along said North right -of -way line, 860.23 feet to the West edge of Steel Warehouse Co., Inc.'s building; thence North along said West edge of building 172.0 feet; thence Westerly parallel with the North right -of -way line of the Indiana Northern Railroad Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the Southwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest quarter of the Northwest Quarter, 324.5 feet to a point 172 feet North of the North line of the right -of -way of the Indiana Northern Railway Company; thence East parallel with the East line of said Southwest Quarter of the Northwest Quarter 320.75 feet to the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section fifteen (15), Township thirty seven (37) north, range two (2) east, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the northwest quarter (1/4) of said Section Fifteen (15); thence South along the norther and south center line of said quarter section two hundred twenty (220) feet to the north line of Tucker Drive; thence West along said north line of the west line of said Section Fifteen (15); thence north along said west line one hundred twenty -eight and one tenth (128.1) feet, more or less, to a line two hundred fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to the two hundred fifty (250) feet by rectangular measurement southeasterly from said original centerline of the New York Central Railroad right -of -way, seven hundred twenty -seven and one hundredths (727.01) feet, more or less, to a point on the east line of the southwest quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence southerly along said East line one hundred ninety -nine and eighty -six hundredths (199.86) feet, more or less, to the south line of the northwest quarter (1/4) of the northwest quarter (1/4) of Section Fifteen (15); thence east along said south line six hundred sixty -three and fifty -two hundredths (663.52) feet, more or less, to the place of beginning excepting thirty (30) feet off the east side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest Quarter of Section 15, Township 37 North Range 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, to -wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately south of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15) Township Thirty -seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the southeast quarter (1/4) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South 492.9 to the North line of the right -of -way of the Indiana Northern Railroad; thence East along the said North line of the right -of -way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. Together with a right -of -way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township No. 37 North, Range No. 2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub - division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: The original right -of -way across, the Northwest corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894, and recorded in Deed Record 95 page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right -of -way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less, to a point distant 250 feet by rectangular measurement from the original center line of said right -of -way; thence Northeasterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right -of -way a distance of 733.3 feet, more or less, to a point on the East line of said Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the Northeast corner of said Lot No. 16; thence West along the North line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection with the said Easterly line of said original right -of -way; thence South Westerly with said Easterly line a distance of 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less;excepting third, all that part of said Lot No. 16 which lies South of the North line of the right -of -way of the St. Joseph, South Bend and Southern Railroad Company, excepting fourth a strip of land 70 feet wide North and South lying next north of and adjoining the right -of -way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right - of -way of the New York Central Railroad Company. All of that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right -of -way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance o 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North of the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty -seven (37) North, Range two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the North and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence test along the north line to the West line of said Section Fifteen (15); thence North along said west line One Hundred Twenty -eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from and parallel to the original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to and Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original Centerline of the New York Central Railroad right -of -way, Seven Hundred Twenty -seven and one - Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty -three and Fifty -two Hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof of purposes of a public highway. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the North line of the right -of -way of the Indiana Northern Railway Company; thence East parallel with said North line of said right -of -way, 540 feet; thence north parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. and which has Key Number 18 075 284406, 18- 075 -2843, 18- 075- 288403, 18- 075 - 284404, 18- 075- 284502, 18- 075 - 284503, 18- 075- 28501, 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 sec[., and South Bend Municipal Code Sections 2 -76 et sea. 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 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/ 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 resolution and recommended it to the Council favorable. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated the previous resolution represented the real property, and this resolution was for the personal property needed in the expansion. He indicated they were purchasing overhead cranes and equipment to process steel coils, at an approximate cost of $535,000, as well as ten additional tractor trailers to handle the extra production. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2152 -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 5307 W. WESTERN, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR RGF, INC. 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 5307 W. Western, South Bend, Indiana, and which is more particularly described as follows: A tract of land located in the Southwest Quarter of the Northeast Quarter of Section 8, Township 37 North, Range 2 East, in the City of South Bend, more particularly described as follows: Beginning on the East line of Mayflower Road at a point 195.19 feet on an assumed bearing of North 0 degrees 9'15" East, and 40 feet South 89 degrees 50'45" East of the Southwest corner of said Northeast quarter of Section 8; thence North 0 degrees 9'15" East along said East line of Mayflower Road, 115 feet; thence South 89 degrees 50'45" East, 243.1 feet; thence South 0 degrees 9'15" West 192.05 feet to the North line of Western Avenue; thence North 89 degrees 21'45" West, 150 feet; thence North 50 degrees 41'15" West, 120.04 feet to the place of beginning. and which has Key Number 18 4129- 504307 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. 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 three (3 -3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ 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 resolution and recommended it to the Council favorable. Rick Ferrara, the petitioner, made the presentation for the resolution. He indicated he operated Craig's Western and Mayflower Service Center, which includes a convenience store and car wash. He indicated they planned to add three additional service bays and to relocate the war wash to the front of the station at a cost of approximately $145,000. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2153 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN AGREEMENT RE- ESTABLISHING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF WHEREAS, on November 28, 1990, the National Affordable Housing Act (NAHA) of 1990, also known as the Cranston - Gonzales Act, became law, to implement its stated goal that every American family be able to afford a decent home; and WHEREAS, NAHA requires any governmental unit to formulate and submit appropriate plans in order to be eligible to receive funds from several existing federal programs, including Community Development Block Grants (CDBG), the Home Investment Partnership Program (HOME), Emergency Shelter Grants (ESG), as well as to be eligible to receive funds from new housing assistance programs created by NAHA; and WHEREAS, NAHA provides for the designation of geographically contiguous units of general local government to participate as consortia in, and thereby be considered a single unit of general local government for purposes of HOME; 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, pursuant to the Interlocal Cooperation Act, the Cities of South Bend and Mishawaka, and the County of St. Joseph, being contiguous units of general local government have formed the St. Joseph Housing Consortium, which, by agreement of the member entities, is to terminate on December 31, 1994; and WHEREAS, the Cities of South Bend, Mishawaka, and St. Joseph County are desirous of re- establishing the Consortium for the purposes of receiving an allocation and participating in the HOME, CDBG, ESG, and all other housing programs administered by HUD for which they may be eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for HOME and other HUD programs; and WHEREAS, substantially similar resolutions will be approved by the Mishawaka Common Council and 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 re- establishment of and participation in the St. Joseph County Housing Consortium for purposes of the formulation, update, submission and implementation of applicable plans and programs and the implementation of the home investment partnerships program (HOME), Emergency Shelter Grants Programs (ESG) and other housing assistance programs funded by the Department of Hosing and Urban Development (HUD) under the National Affordable Housing Act of 1990 (NAHA). 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 Re- establishing the St. Joseph County Housing Consortium, in form and substance and same as or similar to that of the Agreement attached hereto. Section III. That the Common Council of the City of South Bend, Indiana hereby confirms its commitment to the goals and the reality of fair housing within the City of South Bend. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Beth Leonard, Community and Economic Development, made the presentation for the resolution. She indicated this resolution establishes the Housing Consortium of St. Joseph County. She indicated this consortium was created in 1991 pursuant to interlocal agreement among South Bend, Mishawaka and St. Joseph County. She indicated this agreement expires December 31, 1994. She indicated they were requesting re- establishment of this Consortium in order to enable the continued support and implementation of affordable housing programs. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2154 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AN APPLICATION FOR FEDERAL ENTERPRISE COMMUNITY DESIGNATION UNDER TITLE XIII OF THE OMNIBUS BUDGET RECONCILIATION ACT OF 1993. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for Federal Enterprise Community Designation under TITLE XIII of the Omnibus Budget Reconciliation Act of 1993. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a Federal Enterprise Community application to the United States Department of Housing and Economic Development under TITLE XIII of the Omnibus Budget Reconciliation Act of 1993. SECTION II. That the Common Council of the City of South Bend, Indiana, hereby requests that the Mayor submit the Enterprise Community Grant application to the Common Council for review and comment prior to the date upon which the application must be filed with the United States Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded through the City of South Bend under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any United States Department of Housing and Urban Development Enterprise Community grant funds received upon this application. SECTION IV. That the Mayor shall be authorized to accept and affirm the grant award should one be made. SECTION V. That the City's Department of Community and Economic Development be designated as the City of South Bend's coordinating agency and office, and further agrees to advise the Common Council of any not - for - profit agency receiving grant funds. SECTION VI. That 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 bill and recommended it to the Council favorable. Pam Meyer, Community and Economic Development, made the presentation for the resolution. She indicated they were seeking an Enterprise Community designation to be eligible for social and economic revitalization programs. Council Member Coleman made a motion to amend the resolution in Section III, after the word funded delete " under this resolution and add "through the City of South Bend "; and Section V change the word "administrating" to "coordinating; change the period to a comma after office and add "and further agrees to advise the Common Council of any not - for - profit agency receiving grant funds. ", seconded by Council Member Washington. The motion carried. Council Member Coleman made a motion to adopt the resolution, as amended, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 64 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: WABASH ST. FROM THE NORTH RIGHT OF WAY LINE OF W. CALVERT ST. TO THE SOUTH RIGHT OF WAY LINE OF W. DUBAIL AVENUE, FOR A DISTANCE OF APPROXIMATELY 600 FEET AND A WIDTH OF APPROXIMATELY 30 FEET. PART SITUATED IN OLIVE PLACE ADDITION TO THE CITY OF SOUTH BEND, INDIANA., This bill had first reading. Council Member Luecke made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and second reading on July 11, seconded by Council Member Washington. The motion carried. BILL NO. 65 -94 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 9 OF CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED MOBILITY HANDICAPPED PARKING, ESTABLISHING A PROCESS BY WHICH DISABLED PERSONS MAY PETITION THE BOARD OF PUBLIC WORKS FOR A RESERVED SPACE PARKING PERMIT AUTHORIZING DISABLED PERSONS TO PARK ADJACENT TO OR DIRECTLY ACROSS THE STREET FROM THEIR PLACE OF EMPLOYMENT. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and second reading on July 11, seconded by Council Member Coleman. The motion carried. BILL NO. 66 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE PARK MAINTENANCE FUND. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and second reading on July 11, seconded by Council Member Duda. The motion carried. BILL NO. 67 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING SIXTY THOUSAND DOLLARS ($60,000) FROM THE PARK MAINTENANCE FUND. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Parks and Recreation Committee and set it for public hearing and second reading on July 11, seconded by Council Member Duda. The motion carried. BILL NO. 68 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING ONE MILLION THIRTEEN THOUSAND DOLLARS ($1,013,000) FROM THE GENERAL FUND. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Parks and Recreation Committee and set it for public hearing and second reading on July 11, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Joyce Boaler, spoke regarding an article in the TRIBUNE that blamed the proponents for delaying the approval process for the Hall of Fame, thereby, raising he cost of the project due to increased interest rates. Linda Petill, 56121 Brick Rd., Osceola, also spoke against the article in the tribune regarding the financing for the Hall of Fame. Dave Varner, 1306 Clayton, regarding the cost to taxpayers for both Coveleski and the Hall of Fame. Jim Cierzniak, 1156 E. Victoria, spoke regarding changing of the Council rules under privilege of the floor; and the article in the TRIBUNE on the Ball of Fame. 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 Zakrzewski. The motion carried. 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