Loading...
HomeMy WebLinkAbout12-19-94 Council Meeting MinutesREGULAR MEETING DECEMBER 19, 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, December 19, 1994, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Washington, Kelly, Slavinskas, Puzzello, Zakrzewski, Coleman, Duda, and Ladewski Absent: None SPECIAL BUSINESS Council President Puzzello announced that here are three appointments to the commissions; two to Redevelopment and one to Human Rights. She asked that any one interested send her a letter and there will be a meeting of the Personnel and Finance Committee at 4:00 p.m., on December 28 to interview those who submit letters. REPORTS OF CITY OFFICES Lonnie Douglas, Executive Director of Human Rights, reported that the Human Rights Commission since 1992 had been able to lower their case load. He indicated this was done with the same amount of employees. He indicated that the Commissioners as well as staff are available to speak to any organization that would request their services. Council Member Zakrzewski 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 at 6:18 p.m., with nine members present. Chairman Kelly presiding. BILL NO. 94 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 616 E. WASHINGTON STREET, IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Washington. The motion carried. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Senior Planner - Area Plan, indicated the petitioners were requesting this property be zoning "C" Commercial in order to allow for additional parking. He indicated Area Plan recommends this zoning to the Council favorable. Eugenia Schwartz, attorney, made the presentation for the bill. She indicated that the proposed use for this rezoning was to allow for additional parking for Environmental Health Labs. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 97 -94 A BILL AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND FOR PROPERTY LOCATED AT 3020 SOUTH MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Senior Planner - Area Plan, indicated the petitioners were requesting this rezoning to "O" to allow for residential in a professional and business office. He indicated zoning received a favorable recommendation from Area Plan. Ryan Schroder, attorney, made the presentation for the bill. He indicated the petitioners, Mr. & Mrs. Polack were requesting this rezoning in order to move their home and office. He indicated the property at 1010 S. Michigan was bought by the City and arrangements were made to move the home to 3020 S. Michigan, however, after all the plans were made it was learned that the zoning classification needed to be changed to "O" office. Ann Kolata, Development Director, indicated they supported the rezoning of this property. Jocelyne Polack, spoke on this rezoning. Gene Oakley, 2614 York Road, spoke in favor of this rezoning. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 98 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 914 EAST JEFFERSON BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA 46617 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathleen Cekanski- Farrand, Council attorney, announced she is removing herself from discussion of this matter, due to a conflict of interest. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Senior Planner - Area Plan, indicated the petitioners were requesting this rezoning in order to allow for a parking lot. He indicated zoning received a favorable recommendation from Area Plan. Greg Langford, made the presentation for the bill. He indicated they were requesting this rezoning in order to expand the existing lot. Council Member Slavinskas made a motion to recommend REGULAR MEETING DECEMBER 19, 1994 this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 99 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 114 N. FRANCES STREET, IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this and sends it to the Council with no recommendation. John Byorni, Area Plan, indicated that the Commission had recommended this zoning to the Council favorable. Joseph Amoral, attorney, made the presentation for the bill. He indicated they were asking for expansion of the parking lot, in order to provide parking for the employees during business hours. He indicated there are 40 employees at Michiana Hematology- Oncology Clinic. He indicated they now park on the street and there have been complaints from the neighbors. Paul Bolger, 1003 E. Washington, indicated his property was adjacent to this property and he was against this zoning. Karen Kiemnic, Director of the regional office of the Indiana Historic Landmarks Foundation, indicated this zoning should be turned down, as it will cause further deterioration to the neighborhood, as well as encourages further development of "C" commercial. David Duvall, director of Historic Preservation Commission, spoke against tearing down the house to create a parking lot. Joseph Amoral indicated Clinic officials will hold off demolishing the house until next May, to give local preservation officials time to try and move it. Mr. Duvall indicated it could cost $20,000 to move the house. Katherine Bolger, 1003 E. Wayne, spoke against the rezoning. Council Member Puzzello indicated she would like the Clinic to use sensitivity regarding lighting of the parking lot, so it does not disturb the neighbors. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried on a roll call voter of seven ayes and two nays (Council Members Luecke and Washington.) BILL NO. 115 -94 A BILL APPROPRIATING ONE HUNDRED SEVENTY THOUSAND DOLLARS ($170,000) FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND Council Member Coleman made a motion to continue public hearing on this bill until January 23, seconded by Council Member Duda. The motion carried. BILL NO. 117 -94 A BILL INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1994 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Jeff Rinard, Deputy Controller, made the presentation for the bill. He indicated this is annual bill appropriating moneys within various departments and funds within the budget. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 118 -94 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1994 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Jeff Rinard, Deputy Controller, made the presentation for the bill. He indicated bill is passed annually, and transferring moneys within various departments. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 119 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 6, SECTION 2- 84.7(b) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING TAX ABATEMENT FEES 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 Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Don Inks, Economic Development, made the presentation for the bill. He indicated that the deposit of these fees would offset some of the staff time costs needed to properly implement the tax abatement program. Council Member Ladewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 120 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: KEASEY STREET FROM MICHIGAN STREET TO CARROLL STREET. SOME NORTH /SOUTH AND EAST /WEST ALLEYS SITUATED BETWEEN MICHIGAN STREET AND CARROLL STREET, AND OHIO STREET AND VACATED ELDER STREET This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Ann Kolata, Director of Redevelopment, made the presentation for the bill. She indication these vacations are being requested in order to assemble a site for the juvenile detention center. Council Member Coleman REGULAR MEETING DECEMBER 19, 1994 made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Ladewski. The motion carried. BILL NO. 122 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "BUILDING" This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Don Fozo, Building Commissioner, made the presentation for the bill. He indicated this bill would unify the licensing fees with our present contractor registration fees, as well as register plumbing contractors. He also indicated that the bill would increase some of the permits fees to seek them in line with the cost of the inspections and unify them with other fees in their categories. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: ATTEST: City Clerk Chairman REGULAR MEETING RECONVENED Be it remembered that the Common Council of th6 City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:55 p.m. Council President Puzzello presiding, and nine members present. ORDINANCE NO. 8558 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 616 E. WASHINGTON STREET, IN THE CITY OF SOUTH BEND, INDIANA. 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 Luecke. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Washington. The motion carried. ORDINANCE NO. 8559 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND FOR PROPERTY LOCATED AT 3020 SOUTH MICHIGAN STREET 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 Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8560 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 914 EAST JEFFERSON BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA 46617 This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8561 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 114 N. FRANCES STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of seven ayes and two nays (Council Members Luecke and Washington.) ORDINANCE NO. 8562 -94 AN ORDINANCE INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1994 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 call vote of nine ayes. ORDINANCE NO. 8563 -94 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1994 This bill had third reading. Council Member Coleman made a motion to pass this bill, REGULAR MEETING seconded by Council Member Washington. ayes. DECEMBER 19, 1994 The bill passed by a roll call vote of nine ORDINANCE NO. 8564 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 6, SECTION 2- 84.7(b) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING TAX ABATEMENT FEES 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 call vote of nine ayes. ORDINANCE NO. 8565 -94 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: KEASEY STREET FROM MICHIGAN STREET TO CARROLL STREET. SOME NORTH /SOUTH AND EAST /WEST ALLEYS SITUATED BETWEEN MICHIGAN STREET AND CARROLL STREET, AND OHIO STREET AND VACATED ELDER STREET 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 Slavinskas. The motion carried. Council Member Luecke made a motion to pass the bill, as amended, seconded by Council Member Kelly. The motion carried. ORDINANCE NO. 8566 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "BUILDING" This bill had third reading. Council Member Duda made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2197 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING A CITY NEGOTIATING TEAM FOR TEAMSTER NEGOTIATIONS. WHEREAS, the City officials of South Bend, Indiana, have determined that a unified effort would again be in the City's best interests when addressing, through the negotiating process, such items as Teamster wages, fringe benefits, and working conditions; and Whereas, there is a current Collective Bargaining Agreement in effect with Teamster Local No. 364 which expires on December 31, 1995; and WHEREAS, the Board of Public Works, who is the appropriate Board to approve such a contract will consider a similar Resolution which will appoint a negotiating team to represent the Board regarding the upcoming Teamster matters addressed in said Collective Bargaining Agreement; and WHEREAS, the South Bend Common Council has the authority to approve wages and budgetary items addressed in the Collective Bargaining Agreement; and WHEREAS, the Common Council and the City Administration jointly agree that a unified effort through a City Negotiating Team for the Teamster negotiations is in the best and most positive approach for the City, with such a team not being considered a "public agency" as defined in Indiana Code S 5- 14- 1.5 -2. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council and the City Administration of the City of South Bend, Indiana, jointly agree that a unified effort through a City Negotiating Team for Teamster negotiations is in the best interests of the City. SECTION II. The Common Council hereby appoints the following individuals to the City Negotiating Team to represent the City of South Bend, Indiana in the upcoming negotiations with members of Teamster Local Union No. 364: Kevin Horton John E. Leszczynski Jeffrey M. Jankowski Cathy Hubbard -Shead Jeffrey A. Rinard Kathleen Cekanski - Farrand Up to Three (3) Council Members 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. REGULAR MEETING DECEMBER 19, 1994 Stephen Luecke, 1st District Linas Slavinskas, 5th District Cleo Washington, 2nd District Thomas Zakrzewski, 6th District Roland Kelly, 3rd District Sean Coleman, At Large Ann Puzzello, 4th District Loretta Duda, At Large Eugene Ladewski, At Large A public hearing was held on the resolution at this time. Jeff Jankowski, dept attorney, made the presentation. He indicated that through a unified effort between i administration and the Common Council a negotiating team would effectively serve the the areas of negotiating wages, fringe benefits and working conditions. Council Member made a motion to adopt this resolution, seconded by Council Member Ladewski. The re! was adopted by a roll call vote of nine ayes. city City ty in Council Member Slavinskas made a motion to combine public hearing on the next two resol tions, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2198 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 2930 FOUNDATION DR. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN -YEAR REAL PROPERTY TAX ABATEMENT FCR EATON CORPORATION. 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 2930 Foundation Dr., South Bend IN, and which is particularly described as follows: PARCEL I: A description of 8.2895 acres of land in the North Half of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, said 8,2895 acre tract being part of a certain 12.00 acre tract described in Deed Book 593, page 47 of the deed records of said St. Joseph County, said 8.2895 acre tract being more particularly described as follows: Commencing at a PK nail with disc set at the North Quarter corner of said Section 28: thence along the Northerly line of said North Half of Section 28, being also the North line of said 12.00 acre tract, North 89 58' 54" West a distance of 165.00 feet to a PK nail set for the Northwest corner of said 12.00 acre tract; thence along the Westerly line of said 12.00 acre tract, South 00 14102" West a distance of 785.23 feet to an iron bar set at the point of beginning of the 8.2895 acre tract herein described; thence continuing along the said Westerly line, South 00 14' 02" West a distance of 973.35 feet to a 1 1/4" iron pipe found for the Southwest corner of said 12.00 acre tract being also the Southwest corner of the said 8.2895 tract herein described: thence along the Southerly line of said 12.00 acre tract, South 89 53' 27" East a distance of 371.17 feet to 1 3/4" iron pipe found to the Southeast corner of said 12.00 acre tract, being also the Southeast c rner of the 8.2895 acre tract herein described; thence along the Easterly line of said 12.00 acre tract, North 00 12' 22" East a distance of 973.60 feet to a 1" iron pipe found at a corner of said 12.00 acre tract, being also the Southeast corner of a certain tract of land described in record Document No. 9016462; thence along a line of said 12.00 acre tract, being also the Southerly line of said recorded Document No. 9016462, North 89 55150" West a distance of 370.70 feet to the point of beginning. PARCEL II: A description of a portion of the North half of Section 28, Township 3 North, Range 2 East, St. Joseph County, Indiana, said portion being more particularly described as follows: Commencing at the North Quarter corner of said Section 28, being a lK nail and disc marked "50307 "; thence along the North line of said Section 28, North 8 58154" West, a distance of 165.00 feet to a PK nail and disc set marked "5030711, thence a ong the Westerly line of a certain 12.00 acre track of land described in Deed Book 593, page 47 on file and of record in the Office of the Recorder of St. Joseph County, Indiana, South 00 14102" West, a distance of 1758.58 feet to a 1 1/4" iron pipe found for the S uthwest corner of said 12.00 acre track of land and the point of beginning of said portion herein describe; thence continuing along the Southerly extension of said Westerly lin , South 00 14102" West, a distance of 20.64 feet to an iron bar set, market "5030711, in the northerly right -of -way line of proposed foundation drive extension as shown on the plat of Airport Industrial Park, Phase III and IV and recorded as Document No. 7806496; thence along said Northerly right -of -way line, North 89 44158" East a distance of 35.92 feet to a 1/2" iron bar found for the Northwesterly corner of a certain tract of land desc ibed in recorded Document No. 8822679; thence along the North 89 57143" East a distance of 335.26 feet to an iron bar set; thence along the Southerly extension of the Easterly line of said 12.00 acre tract of land, North 00 12122" East a distance of 19.56 feet to a 3/41, iron pipe found at the Southeast corner of said 12.00 acre tract of land; thence along the Southerly line of said 12.00 acre tract of land being also the Northerly line of said Portion herein described, North 89 53157" West, 371.17 feet to the point of beginning. with said real estate having the following Key No. 25- 1010 - 038401 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 REGULAR MEETING DECEMBER 19, 1994 WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Ann Puzzello Member of the Common Council RESOLUTION NO. 2199 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2930 FOUNDATION DR., TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EATON CORPORATION. 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 2930 Foundation Dr., South Bend IN, and which is particularly described as follows: PARCEL I: A description of 8.2895 acres of land in the North Half of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, said 8,2895 acre tract being part of a certain 12.00 acre tract described in Deed Book 593, page 47 of the deed records of said St. Joseph County, said 8.2895 acre tract being more particularly described as follows: Commencing at a PK nail with disc set at the North Quarter corner of said Section 28: thence along the Northerly line of said North Half of Section 28, being also the North line of said 12.00 acre tract, North 89 58' 54" West a distance of 165.00 feet to a PK nail set for the Northwest corner of said 12.00 acre tract; thence along the Westerly line of said 12.00 acre tract, South 00 14102" West a distance of 785.23 feet to an iron bar set at the point of beginning of the 8.2895 acre tract herein described; thence continuing along the said Westerly line, South 00 14' 02" West a distance of 973.35 feet to a 1 1/4" iron pipe found for the Southwest corner of said 12.00 acre tract being also the Southwest corner of the said 8.2895 tract herein described: thence along the Southerly line of said 12.00 acre tract, South 89 53' 27" East a distance of 371.17 feet to 1 3/4" iron pipe found to the Southeast corner of said 12.00 acre tract, being also the Southeast corner of the 8.2895 acre tract herein described; thence along the Easterly line of said 12.00 acre tract, North 00 12' 22" East a distance of 973.60 feet to a 1" iron pipe found at a corner of said 12.00 acre tract, being also the Southeast corner of a certain tract of land described in record Document No. 9016462; thence along a line of said 12.00 acre tract, being also the Southerly line of said recorded Document No. 9016462, North 89 55'50" West a distance of 370.70 feet to the point of beginning. PARCEL II: A description of a portion of the North half of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, said portion being more particularly described as follows: Commencing at the North Quarter corner of said Section 28, being a PK nail and disc marked "S030711; thence along the North line of said Section 28, North 80 58'54" West, a distance of 165.00 feet to a PK nail and disc set marked "S030711, thence along the Westerly line of a certain 12.00 acre track of land described in Deed Book 593, page 47 on file and of record in the Office of the Recorder of St. Joseph County, Indiana, South 00 14102" West, a distance of 1758.58 feet to a 1 1/4" iron pipe found for the Southwest corner of said 12.00 acre track of land and the point of beginning of said portion herein describe; thence continuing along the Southerly extension of said Westerly line, South 00 14102" West, a distance of 20.64 feet to an iron bar set, market "S030711, in the northerly right -of -way line of proposed foundation drive extension as shown on the plat of Airport Industrial Park, Phase III and IV and recorded as Document No. 7806496; thence along said Northerly right -of -way line, North 89 44158" East a distance of 35.92 feet to a 1/2" iron bar found for the Northwesterly corner of a certain tract of land described in recorded Document No. 8822679; thence along the North 89 57143" East a distance of 335.26 feet to an iron bar set; thence along the Southerly extension of the Easterly line of said 12.00 acre tract of land, North 00 12'22" East a distance of 19.56 feet to a 3/4" iron pipe found at the Southeast corner of said 12.00 acre tract of land; thence along the Southerly line of said 12.00 REGULAR MEETING DECEMBER 19, 1994 acre tract of land being also the Northerly line of said Portion herein described, North 89 53157" West, 371.17 feet to the point of beginning. with said real estate having the following Key No. 25 1010 038401, 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 Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Jim Seaver, Engineering Manager, made the presentation for the resolutions. He indicated this projects is for construction of an addition to the existing facility, in order to house a 3,000 ton forge press. Council Member Luecke made a motion to adopt Resolution No. 2198- 94, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 2199 -94 seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2200 -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 828 KERR STREET, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR ADVANCED MASONRY CONSTRUCTION, 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 828 Kerr, South Bend, Indiana, and which is more particularly described as follows: A part of parcel 5 and the west half of the vacated alley lying East of an adjacent to Parcel 5 between Garst Street and Kerr Street in the Innerbelt Industrial Park, a Subdivision in the Southeast and Southwest Quarters of Section II and the Northeast Quarter of Section 14, all in Township 37 North, Range 2 East of the Second Principal Meridian, City of South Bend, Indiana, and plat of which is recorded in the Plat Book 211, page 1 in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning at the intersection of the middle line of said vacated alley with the Northerly line of Parcel 5 extended to the West; thence South 06 11" East, 243.39 feet to the Southerly line of said Parcel 5; thence North 89 47137" West along the Southerly line of said parcel 5 a distance of 211 feet; thence North 06 11' West, 243.32 feet to the Northerly line of said Parcel 5, thence Easterly along the Northerly line of said Parcel 5 a distance of 212 feet to the place of beginning; together with the South half of that part of the vacated portion of Kerr Street which lies adjacent to the North of the afore - described property as vacated by vacation resolution 43385 -1973, under Record #4, page 404 of the records of the Board of Public Works of the City of South Bend; together with all rights of easement for right -of -way purposes in common with other contiguous owners over that portion of the East Half of the vacated alley between Garst Street and Kerr Street. and which has Key Number 18 8022 089401 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 REGULAR MEETING DECEMBER 19, 1994 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, as an exception to Section 2 -84 of the South Bend Municipal Code. 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 tat the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Tom Lykowski made the presentation for the bill. He indicated they planned to expand, renovate and upgrade this facility that is used as office space for the company. Council Member Luecke made a motion to amend the resolution in Section IV by adding "as an exception to Section 2 -84 of the South Bend Municipal Code. ", seconded by Council Member Duda. The motion carried. Council Member Zakrzewski made a motion to adopt this resolution, as amended, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2201 -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 1400 RIVERSIDE DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE INC. OF SOUTH BEND. 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 1400 Riverside Dr., South Bend, Indiana, and which is more REGULAR MEETING particularly described as follows: DECEMBER 19, 1994 Beginning at the Southeast corner of the Southwest 1/4 of said Section 35; thence South 89 49'00" West (bearing assumed) along the South line of said Section, 308.97 feet; thence North 89 55100" West, 12.00 feet to the Northline of a 12 foot alley; thence North 89 55'00" West along said North line of alley, 236.61 feet to a point 120.00 feet South 89 55100" East of the East line of Kessler Boulevard, 128.00 feet to a point on the South line of King Street, 180.00 feet South 89 55118" East of the Northeast corner of Lot 10 as shown as shown on the Section Plat of Northwest Addition in the City of South Bend recorded April 6, 1906 in Plat Book 0, pages 30 and 31; thence South 89 55118" East along the South line of King Street, 352.84 feet; thence North 0 00127" West, 194.85 feet to a point on the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06109" East, 128.81 feet; thence North 89 46149" East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37115" West along a chord subtending said Westerly line of Riverside Drive. 455.43 feet to the South line of Said Section 35; thence North 90 00100" West along said South line, 156.71 feet to the point of beginning. Commencing at the Southeast corner of the 1/4 of said Section 35; thence North 00 30'30" West (bearing assumed) along the East line of said Southwest 1/4 a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00130" West along said East line 336.00 feet to the South line of Queen Street; thence South 89 56109" West along said South line of Queen Street 176.60 feet; thence North 00 02136" East 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56109" West along said centerline of alley,131.27 feet; thence South 00 06109" West along the East line of Lot 145 in the Third Plat of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the south line of Queen Street; thence South 89 56109" West along said South line of Queen Street, 12.93 feet to the East line of Allen Street; thence South 00 05151" West along said east line of Allen Street 329.81 feet to the South line of McCartney Street; thence South 89 58127" East along said South line of McCartney Street, 12.91 feet; thence South 00 06109" West 6.11 feet; thence North 89 56109" East 308.71 feet to the Point of Beginning. and this property has Key Numbers 18 2110 4067, 18 2110 4065, 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 Section 2 -76 et seq.; and 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 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 REGULAR MEETING DECEMBER 19, 1994 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 bill and recommended it to the Council favorable. Michael Kaser, Vice President of Finance, made the presentation. He indicated this was the third time Lock Joint Tube had come before the council requesting an abatement. He indicated they to modernize their manufacturing and material handling facilities through the purchase of new equipment at a cost of 2.3 million dollars. He indicated Lock Joint was acquired out of bankruptcy in 1991 and the employment has grown from 154 to 245. He indicated this will allow them to maintain a competitive position in the field, as well as add ten new permanent jobs. Council Member Kelly 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. 2202 -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 1200 BLOCK FELLOWS (EAST SIDE) 500 BLOCK WENGER (SOUTH SIDE), 1200 BLOCK RUSH (WEST SIDE) AND 500 BLOCK PENNSYLVANIA (BOTH SIDES)AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR HERITAGE HOMES SOUTHEAST LATHE CORP. 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 1200 block Fellows (east side), 500 block Wenger (south side), 1200 block Rush (west side) and 500 block Pennsylvania (both sides), South Bend, Indiana which is more particularly described as follows: Lots numbered 100 through 107, inclusive Lots numbered 228 through 121, inclusive Lots numbered 132 through 139, inclusive as shown on the plat of Wenger's 5th addition Also, Lots numbered 157 through 164, inclusive as shown on the plat of Wenger's 6th addition as recorded in the office of the Recorder of St. Joseph County, Indiana and which has Key Numbers: 18- 7014 -0525 18- 7023 -0887 18- 7023 -0909 18- 7014 - 0525 -01 18- 7023 -0888 18- 7023 - 0909 -01 18- 7014 -0526 18- 7023 -0889 18- 7023 -0910 18- 7014 -0527 18- 7023 -0890 18- 7023 - 0910.01 18- 7014 -9528 18- 7023 -0891 18- 7023 -0922 18- 7014 -0529 18- 7023 -0892 18- 7023 -0923 18- 7014 - 029.01 18- 7023 -0893 18- 7023 -0924 18- 7014 -0530 18- 7023 -0894 18- 7023 -0925 18- 7014 -0531 18- 7023 -0895 18- 7023 -0926 18- 7014 -0532 18- 7023 -0896 18- 7023 -0927 18- 7023 -0907 18- 7023 -0928 18- 7023 -0908 18- 7023 -0929 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. REGULAR MEETING DECEMBER 19, 1994 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. 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 Council pursuant to Section 2 -84 of the South Bend Municipal Code finds that ten (10) years is a proper designation in light of the following: (1) 100°% of the units will be rented to low income individuals or families; (2) $3,000,000 in hard dollar costs is 75% of the $4,000,000 guideline and far exceeds the $1,000,000 guideline for six (6) year abatement; (3) The project would be an integral part of the City's redevelopment plans for the area and would make a significant contribution to neighborhood revitalization. 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 adoption of this Declaratory Resolution published pursuant to Indiana Code 5 -3 -1 publication providing notice of the public proposed confirming of said declaration. SECTION VIII. This Resolution shall be in adoption by the Common Council and approval the City Clerk to for Real Property and Indiana Code hearing before the full force and eff by the Mayor. /s/ Ann Puzzello Member of the Common Council cause notice of the Tax Abatement to be 6 -1.1- 12.1 -2.5, said Common Council on the act from and after its 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. Ann Mannix, Housing Development Manager, for Heritage Homes, made the presentation. She indicated they planned to construct fifty -four two and three bedroom apartments in twenty -seven duplexes which will be rented to low income families. She indicated they plan to start construction very soon. Gene Oakly, 2614 York Road, spoke in favor of this resolution. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Duda. Council Member Luecke announced that he is an employee of South Bend Heritage, but will not receive financial gain from passage of this resolution. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2203 -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 1122 SOUTH MAIN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND FIREFIGHTERS FEDERAL CREDIT UNION. 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 1122 South Main, South Bend, Indiana, and which is more particularly described as follows: REGULAR MEETING DECEMBER 19, 1994 Lot numbered Four (4) as shown on the recorded Plat of Studebaker Corridor Fourth Minor Subdivision, recorded May 7, 1993, in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 9315731. and which has Key Number 18 8083 0147, be designated as an Economic 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 that can be reasonably expected to redevelopment or rehabilitation; and information was requested are benefits result from the proposed described 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 qualified for and is granted property tax d SECTION VII. The Common Council directs adoption of this Declaratory Resolution published pursuant to Indiana Code 5 -3 -1 publication providing notice of the public proposed confirming of said declaration. determines that the property owner is eduction for a period of three (3) years. the City Clerk to cause notice of the for Real Property Tax Abatement to be and Indiana Code 6 -1.1- 12.1 -2.5, said hearing before the Common Council on the SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ 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. Ryan Schroeder, attorney, made the presentation. He indicated the Firefighters Credit Union will relocate the old Policemen's Credit Union building at 815 S. Lafayette to property at 1122 S. Main. He indicated the building will be located on a new foundation, have an all new brick exterior, new driveways, drive through lanes, sidewalks and curbs, as well as REGULAR MEETING DECEMBER 19, 1994 landscaping. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2204 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY CONTROLLER TO INVEST AND REINVEST CERTAIN IDLE FUNDS DURING THE YEAR 1995 IN ACCORDANCE WITH I.C. 5 -13 -9 AND /OR I.C. 5- 13 -11, AND AUTHORIZING THE CITY CONTROLLER TO CONDUCT THE CITY'S BUSINESS WITH FINANCIAL INSTITUTIONS THROUGH THE USE OF ELECTRONIC FUND TRANSFERS AND CASH MANAGEMENT SERVICES. There are certain idle funds of the Civil City of South Bend which may be invested for periods of time without affecting the operating of the various departments of the City. I.C. 5- 13 -9 -1, et seq., enables the Controller, or his designee, to invest such idle funds with the approval of the Common Council. I.C. 5- 13 -5 -5 et seq., authorizes the transaction of the City business with financial institutions through the use of electronic funds transfer upon proper resolution by the Common Council. I.C. 5- 13 -11 -1 et seq., authorizes the Controller to contract with a depository for the operation of a cash management system. NOW, THEREFORE, BE IT ORDAINED by the South Bend Common Council, as follows: SECTION I. That during the calendar year 1995, the Controller or his designee may invest and reinvest any idle funds of the Civil City of South Bend, including, but not limited to money raised by bonds issued for a future specific purpose, sinking funds, depreciation reserve funds, gift, bequest, or endowment, or any other funds available for investment for such periods of time that he determines are not needed for the normal operations of the various department of the Civil city, in the manner permitted by I.C. 5 -13 -9 and /or I.C. 5- 13 -11. SECTION II. The Controller of the City of South Bend, or his designee, is hereby authorized to conduct the following business transactions with financial institutions through the use of electronic funds transfers; a. Transfer of monies on deposit from one approved public depository of the City to another. b. Transfer of monies into and between various payroll accounts. C. Transfer of monies for the purchase and redemption of various securities for investment purposes. SECTION III. For purpose of this Resolution, s electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. SECTION IV. The Controller of the City of South Bend, or his designee, is hereby directed and required to maintain adequate documentation of the transactions affected by electronic funds transfer so that they may be audited as provided by law. SECTION V. The City of South Bend, in accordance with I.C. 4- 8.1- 2 -7(c), elects to receive distributions from the State of Indiana by means of electronic transfer of funds. SECTION VI. The Controller of the City of South Bend is hereby authorized to contract with a depository institution for the operation of a cash management system. SECTION VII. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolutions at this time. Tom Scarsbeck, City Auditor, made the presentation for the resolution. He indicated this was the annual resolution to allow electronic fund transfers. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 123 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A NORTH /SOUTH ALLEY BOUNDED BY WEST SOUTH STREET ON THE NORTH AND THE RAILROAD ON THE SOUTH. ALSO, AN EAST /WEST ALLEY BOUNDED BY MAIN STREET ON THE WEST AND MICHIGAN STREET ON THE EAST; PART SITUATED IN MARTIN AND TUTT ADDITION TO THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on January 9, seconded by Council Member Duda. The motion carried. REGULAR MEETING DECEMBER 19, 1994 BILL NO. 124 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST AND SECOND EAST -WEST ALLEYS NORTH OF E. PENNSYLVANIA AVE. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST. EACH BEING A WIDTH OF APPROXIMATELY 16 FEET AND A LENGTH OF APPROXIMATELY 415.17 FEET. ALSO, THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH FELLOWS ST. FROM THE SOUTH RIGHT - OF -WAY LINE OF EAST WENGER ST. TO THE NORTH RIGHT -OF -WAY LINE OF EAST PENNSYLVANIA AVE. FOR A WIDTH OF APPROXIMATELY 14 FEET AND A LENGTH OF APPROXIMATELY 384 FEET, EXCLUDING THE PORTION THAT INTERSECTS WITH THE EAST -WEST ALLEYS. PART SITUATED IN WENGER'S FIFTH ADDITION TO THE CITY OF SOUTH BEND This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on January 9, seconded by Council Member Duda. The motion carried. BILL NO. 125 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING FORTH BENEFITS FOR THE SURVIVORS OF CERTAIN POLICE OFFICERS AND FIREFIGHTERS This bill had first reading. Council Member Coleman made a motion to refer this bill to a joint meeting of the Health and Public Safety Committee and the Personnel and Finance Committee, and set it for public hearing and third reading on January 9, seconded by Council Member Duda. The motion carried. BILL NO. 126 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CERTAIN MONETARY FRINGE BENEFITS FOR FIREFIGHTERS OF THE CITY OF SOUTH BEND DURING THE CALENDAR YEARS 1995 AND 1996 This bill had first reading. Council Member Coleman made a motion to refer this bill to a joint meeting of the Health and Public Safety Committee and the Personnel and Finance Committee, and set it for public hearing and third reading on January 9, seconded by Council Member Duda. The motion carried. BILL NO. 126 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 2 OF CHAPTER 17 OF THE MUNICIPAL CODE RELATING TO PRETREATMENT REQUIREMENTS FOR THE USE OF THE PUBLIC SEWERS This bill had first reading. Council Member Coleman made a motion to refer this bill to the Utilities Committee, and set it for public hearing and third reading on January 9, seconded by Council Member Duda. The motion carried. BILL NO. 128 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5510 WEST SAMPLE STREET, CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Luecke made a motion to set Bill No. 101 -94 and 116 -94 for public hearing and third reading on January 9, and refer it to the Zoning and Annexation Committee, seconded by Council Member Washington. The motion carried. Council Member Luecke made a motion to set the Special Meeting for the purpose of electing officers January 2 at noon, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Gene Oakly, 2614 York Road, indicated the homes on Calvert that were supposed to be moved have been demolished. He indicated funds were set aside for moving these homes, and he wanted to know what happened to the funds and why were the homes demolished. Council Member Kelly indicated he would find out and let Mr. Oakly know. 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 Duda. The motion carried and the meeting was adjourned at 9:30 p.m. ATTEST: City Clerk ATTEST: