Loading...
HomeMy WebLinkAbout10-11-93 Counicl Meeting MinutesBe it remembered that the Common Council met in the Council Chambers of the County - City Building on Monday, October 11, 1993, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. BUSINESS Present: Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Ladewski Absent: None A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, OFFICIALLY WELCOMING THE DELEGATION FROM CZESTOCHOWA, POLAND, AND DECLARING THE WEEK OF OCTOBER 11, 1993, "CZESTOCHOWA -SOUTH BEND WEEK 1993 ". WHEREAS, the Common Council of the City of South Bend, Indiana, officially lcomes the Delegation from Czestochowa, Poland: Tadcusz WRONA, Mayor of the Czestochowa City Teodor HARABASZ, Chairperson of the Czestochowa City Council Anna WOZNICKA, Vice Chairperson of the Czestochowa City Council Zbigniew SLIWINSKI, Vice -Mayor of Czestochowa City Adam WOSZCZYNK, Representative of the Economic Circles of Czestochowa; and WHEREAS, the Common Council notes that a "Sister City Agreement" was signed between the governmental officials of the City of South Bend and Czestochowa of Poland, establishing ties of friendship and cooperation between these two cities; and WHEREAS, the City of South Bend is privileged to show the Czestochowa Delegation our City in hopes that they will be enriched by this visit. NOW, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby declares the week of October 10th, 1993 "Czestochowa -South Bend Week 1993" and requests that all of our citizens take part in WELCOMING the delegation from Czestochowa, Poland. SECTION II. The Common Council on behalf of the citizens officially WELCOMES Mayor WRONA, City Council Chairperson HARABASZ, City Council Vice Chairperson WOZNICKA, Vice Mayor SLIWINSKI and representative WOSZCZYK of the Economic Circles of Czestochowa. SECTION III. Czestochowa, Poland, is a community rich in culture as evidenced by its' International Festival of Sacred Music, "The Gaudemater ". It is the home of the third largest steel works in Poland, and is a community of over 260,000 residents which for the past six centuries has attracted over 5 million tourists annually to see the Black Madonna. Czestochowa, Poland is officially and proudly acknowledged as South Bend's Sister City. 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, President 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 Eugene Ladewski, At Large A public hearing was held on the resolution at this time. Council Member Ladewski read the resolution in Polish and English, and introduced the delegation. Tadeusz Wrona, Mayor of Czestochowa read a statement, in Polish, which was translated, thanking the City of South Bend for the invitation to visit; and explaining the economic and cultural aspects of Czestochowa. He indicated that their development plan is generating a lot of interest, and may alo attract American business since they have one represented now; McDonald's has opened a new restaurant. He indicated he hoped their visit will be come a strong stimulus for development of friendly cooperation between Czestochowa and South Bend. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. Council President Luecke made a flag presentation for the Polish Delegation, and they in turn presented the Council and the Clerk's office with brochures and lapel pins from Czestochowa, as well as the seal of the City. RESOLUTION NO. 2075 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, OFFICIALLY THANKING McDANIEL'S HARLEY- DAVIDSON, INC., FOR PERMITTING THE CITY TO USE MOTORCYCLES FROM HARLEY- DAVIDSON MOTORCYCLE, INC., BY THE SOUTH BEND POLICE DEPARTMENT. WHEREAS, the Common Council of the City of South Bend, Indiana notes that McDaniel's Harley- Davidson, Inc., located at 1910 Lincoln Way East, south Bend, Indiana, owned and operated by Gerald "Mac" McDaniels and Anna McDaniels have provided to the South Bend Police Department 1993 Harley- Davidson motorcycles for use in police patrols, parades and other special events; and WHEREAS, these motorcycles have been provided to the City at no additional cost, with the 1991 motorcycles used as a trade -in to receive the use of the current model year motorcycles; and WHEREAS, the Common Council notes that Captain Edward I. Friend of the South Bend Police Department has used these motorcycles extensively in the televised program "Kids Adventure Zone" which is aired on WHME -TV Channel 46 which features "Captain Ed "; and WHEREAS, the Common Council applauds the efforts of McDaniel's Harley- Davidson, Inc., Harley- Davidson Motorcycles, Inc., of Milwaukee, Wisconsin, and the dedicated South Bend Police Officers who have dedicated themselves to creating innovative techniques to educate our youth about public safety programs including "Kids Adventure Zone" and the "D.A.R.E." Program. 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 the citizens of our City, publicly THANKS McDaniel's Harley- Davidson, Inc., owned and operated by Gerald "Mac" McDaniels and Anna McDaniels, and Harley- Davidson Motorcycles, Inc., of Milwaukee, Wisconsin for their generosity and goodwill in providing motorcycles for official public use by the South Bend Police Department in a wide -range of educational programs. Section II. The Common Council further THANKS the South Bend Police Department and in particular, Police Chief Ronald Marciniak and Captain Edward I. Friend, for their selfless dedication to fostering educational programs which are providing positive messages on a multitude of public safety programs. Section III. The Common Council firmly believes that programs like the one between the City and Harley- Davidson are a great example of private enterprise and local government working together toward positive goals, which are truly in our City's best interest. 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, President 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 Eugene Ladewski, At Large A public hearing was held on the resolution at this time. Council Member Slavinskas read the resolution. Captain Friend, of the Police Department, indicated this has been a team effort of our police department. Chief Ronald Marciniak expressed the Police Department's gratitude for McDaniel's Harley - Davidson's generosity. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by roll call vote of nine ayes. RESOLUTION 2076 -93 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 (SHIVELY- DEMAEGT ANNEXATION) 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 is vacant land located in German Township, St. Joseph County, contiguous therewith and generally located east of Mayflower Road, between Brick and Cleveland Roads. 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 J 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/ Stephen Luecke Member, Common Council EXHIBIT A Parcels of land located in the Northwest quarter of Section 21 and the Northeast quarter of Section 21 and the Northeast quarter of Section 21 and the Northeast quarter of Section 20, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana. More particularly described as follows: Beginning at the center point of Section 21, thence North 1325.083 feet; thence West 661.020 feet; thence West 800.00 feet; thence South 350 feet; thence West 3164.05 feet along the parallel to a line 1000 feet South of the center line of Brick Road; thence North 1000 feet to the center line of Brick Road; thence West 660 feet to the center line of Mayflower Road; thence South 1308 feet; thence Southeast 74.74 feet; thence East by Southeast 2757 feet along the North right -of -way line of Cleveland Road extension; thence North 669.74 feet; thence East 561.72 feet; thence South 795.17 feet to the North right -of -way line of Cleveland Road extension; then Southeasterly 1630.36 feet along the North right -of -way line of Cleveland Road extension; thence East 180 feet to the center point of Section 21, being the point of beginning and containing approximately 142.7 acres. A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it be continued. Larry Magloiozzi, Economic Development Specialist, made the presentation for the bill. He indicated this fiscal plan represents the Shiveley- Demaegt Annexation located in the northwest on Cleveland, and the property is at least 56% contiguous to the City limits. He indicated there is no population, no buildings or homes within the area, and the City tax rate will apply upon the annexation. Kenneth Fedder, attorney representing Marilyn Brown, indicated she was a property owner in the area that the City is proposing to annex, and she would like all of her property to be annexed and would like this bill continued and the legal rewritten to include the remainder of her property. Bob Martinelli, 512771 Whitewater, submitted a petition against the annexation. He indicated this was merely a test case for the City. Richard Sheehan, 51270 Mayflower; Gretchen Katlun, 21356 Acacia; Phillip Barkley, 50690 Portage; Otis Romine, 19221 Summers; and Rich Cottens, 23136 ARcacia; spoke against the annexation. Council Member Kelly made a motion to continue this resolution until October 25, seconded by Council Member Puzzello. The motion carried. REPORTS FROM CITY OFFICES Richard Nussbaum, City Attorney, reported on the City Clerk's office. He indicated the Mayor had ordered the office closed due to the bad air quality. He indicated a team, consisting of John Broden, Mary Muller and Tom Eddington, had been assigned to coordinate the move to quarters in the Trigon Building. He indicated the entire County -City Building was going to be checked for air quality. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Puzzello. 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 October 11, 1993 at 9:05 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 45 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 53500 OLIVE ROAD, IN THE CITY OF SOUTH BEND, INDIANA. Council Member Slavinskas made a motion to strike this bill, seconded by Council Member Coleman. The motion carried. BILL NO. 8293 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED EAST OF MAYFLOWER ROAD, BETWEEN BRICK AND CLEVELAND ROADS IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (SHIVELY /DEMAEGT ANNEXATION). Council Member Slavinskas made a motion to continue this Bill until October 25, seconded by Council Member Coleman. The motion carried. BILL NO. 83 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 4 -60 OF THE SOUTH BEND MUNICIPAL CODE REGARDING TRANSIENT MERCHANT LICENSES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Puzzello reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Mary Muller, Assistant City Attorney, made the presentation for the bill. She indicated municipal code was being amended to avoid imposing requirements of the licensing ordinance on events not open to the general public and events that are open to the general public but do not have on- floor sales as their primary purpose. She indicated the license application was being changed to include Social Security numbers and birth dates for all owners and operators of transient businesses. She indicated five categories of prior misconduct by a transient that will constitute valid reasons for license disapproval; and the fee system has been amended due to a requirement of State law. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. 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: 6 City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the - -- County -City Building at 9:08 p.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING BILL NO. 83 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 4 -60 OF THE SOUTH BEND MUNICIPAL CODE REGARDING TRANSIENT MERCHANT LICENSES. 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. RESOLUTION NO. 2076 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 833 SOUTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615. WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14 -1.5- 5, requesting that a special exception be granted for the property located at: 833 S. Ironwood Dr., South Bend IN 46615 in order to permit parking in a Residential district where area is adjacent to Commercial, pursuant to Section 21 -112 (a) (6). Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. that: Section III. The Common Council of the City of South Bend, Indiana hereby finds 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney, made the presentation for the resolution. He indicated he represented the petitioners in requesting an exception additional parking at the Walgreen's store on Mishawaka Avenue. He indicated there has been a parking problem at that location since the store was built and they are acquiring the property at 833 Ironwood, in order to help alleviate the problem. He read a letter from the property owner at 829 S. Ironwood, in favor of this exception. 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. Council Member Coleman made a motion to combine public hearing on the next two resolution, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2077 -93 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL INDUSTRIAL DEVELOPMENT REVENUE BOND, SERIES 1977 (COLE ASSOCIATES, INC. PROJECT. The City of South Bend ( "City ") issued its Industrial Development Revenue Bond ( "Cole Associates, Inc. Project ") in the aggregate principal amount of Nine Hundred Ninety -Five Thousand Dollars ($995,000) pursuant to a Lease and Trust Indenture dated September 19, 1977 ( "Indenture ") from the City to St. Joseph Bank and Trust Company n /k /a Society National Bank, Indiana as Trustee ( "Trustee "). The City sold the Bond to St. Joseph Bank and Trust Company n /k /a/ Society National Bank, Indiana ( "Bondholder "). The City loaned the proceeds of the Bond to Cole Associates, Inc. ( "Company "). Pursuant to the Indenture, the Trustee is acting as the representative of the City and the Commission in order to perform their duties under the Indenture, the Trustee is acting as the representative of the City and the Commission in order to perform their duties under the Indenture. The Company entered into an Agreement of Purchase and Sale of Assets dated October 1, 1992 by which it agreed to sell all its assets including its name to a purchaser who has taken the name Cole Associates, Inc. ( "Purchaser "). The Company has formally changed its name to CAI Development Corporation. The Company, the Purchaser, the Trustee and the Bondholder have entered into an agreement ( "Agreement ") which provides that the Purchaser will assume all of the obligations of the Company under the Indenture and that the Company will be released from all of its obligations under the Indenture. The Consent of the City to the Trustee's permitting the Purchaser to assume all the obligations of the Company under the Indenture will be beneficial to all parties including the City. It is therefore voted to adopt the following resolution: "RESOLVED the City of South Bend hereby agrees that the provisions of the Indenture may be amended to provide the Purchaser will assume all the obligations of the Company thereunder and that the Company shall have no further obligations thereunder. The Mayor is hereby authorized and directed to sign the agreement which contains these terms." /s/ Stephen Luecke Member of the Common Council RESOLUTION NO. 2078 -93 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL ECONOMIC DEVELOPMENT REVENUE BOND - SERIES 1986 (COLE ASSOCIATES, INC. PROJECT) The City of South Bend ( "City ") issued its Economic Development Revenue Bond, Series 1986 ( "Cole Associates, Inc. Project ") ( "Bond ") in the aggregate principal amount of One Million Five Hundred Thousand Dollars ($1,500,000) pursuant to a Trust Indenture dated as of May 16, 1986 from the City to St. Joseph Bank and Trust company n /k /a/ Society National Bank, Indiana ( "Trustee "). The City sold the Bond to St. Joseph Bank and Trust Company n /k /a/ Society National Bank, Indiana ( "Bondholder "). The City loaned the proceeds from the sale of the Bond to Cole Associates, Inc. ( "Company ") pursuant to the provisions of a Loan Agreement, Mortgage and Security Agreement ( "Loan Agreement ") dated as of May 16, 1986. To document and secure the loan from the City, the Company executed and delivered to the City the Series 1986 Note, the Loan Agreement and a Collateral Assignment of Leases and Rents (collectively, the "Bond Loan Documents "). The City assigned the Bond Loan Documents to the Trustee. The Company entered into an Agreement of Purchase and Sale of Assets dated October 1, 992 (Asset Purchase Agreement "). Under the terms of the Asset Purchase Agreement, the purchaser ( "Purchaser ") purchased, among other things, the right to use the name Cole Associates, Inc. and has adopted that name. The Company formally changed its name to CAI Development Corporation. Pursuant of the Asset Purchase Agreement, Purchaser is to assume all the obligations of the Company under the Bond Loan Documents and the Company is to be released from all liability thereunder. The Company, the Purchaser, the Trustee and the Bondholder have entered into an Agreement ( "Agreement ") providing for the assignment of the Bond Loan Documents to the Purchaser and the release of all liability of the Company thereunder. The consent of the South Bend Common Council to the Trustee's permitting the Purchaser to assume the Company's obligations under the Bond Loan Documents will be beneficial to all parties including the City. It is therefore voted to adopt the following resolution: "RESOLVED" the South Bend Common Council hereby agrees that the Purchaser may assume the obligations ft the Company under the Bond Loan Documents and that the Company may be released from all liability thereunder. The Mayor is hereby authorized and directed to sign the Agreement which contains these terms." /s/ Stephen Luecke Member of Common Council A public hearing was held on the resolutions at this time. Kenneth Fedder, attorney representing Cole Associates, indicated the company has been sold and these bonds are being transferred from the old Cole to the new Cole. He indicated the new Cole will assume the rights and obligations. Council Member Coleman made a motion to adopt Resolution No. 2077 -93, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 2078 -93, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2079 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 322 E. COLFAX AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION ON BEHALF OF RKE, INC. (DBA: STEPHENSON MILL, INC.) WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 322 E. Colfax, South Bend IN, and which is particularly described as follows: Parcel A• That part of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the intersection of the South right -of -way line of Colfax Avenue and the West right -of -way line of Gintz Avenue which point is West 256.3 ft. from an iron set for the Southwest corner of Niles Avenue and Colfax Avenue; thence south 05°53122" East along said West right -of -way line 274.37 ft. (Record, South 05 031' West, 274.4 ft.); thence North 89X8148" West, 167.91 ft. (Record, West 167.9 ft.); thence North 15 007145" West, 87.70 Ft. (Record, North 15 06' West); thence North 87'52'06" East, 47.34 ft. (Record N. 89047'East 47.25 ft.); thence North 0CP56155" West (Record North O(f 56'West 188.2 ft.) to the South right -of -way line, (Record, East 118.48 Ft.), 118.42 Ft. to the point of beginning. Containing 0.8877 acres. Subject to all legal highways, easements and restrictions of record. Parcel B• That part of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at a point on the West right -of -way line of Gintz Avenue right -of -way line and its extension (Record South 05927144" East), 152.28 ft.; thence North 89P58148" West, 149.14 ft.; thence North 24 037129" West, 166.65 ft.; thence South 89P58'48" East, 202.95 ft. to the point of beginning. Containing 0.6121 acres. Subject to all legal highways, easements and restrictions of record. WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Ann Kolata, Economic Development, made the presentation for the resolution. She indicated RKE planned to renovate the Opelika Building, which will be called the Stephenson Mill Building, into 39 one and two bedroom apartments at a cost of approximately 2.4 million. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2080 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 701 WEST CHIPPEWA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PLASTIC SOLUTIONS, INC. OF SOUTH BEND. 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 701 W. Chippewa, South Bend IN, and which is particularly described as follows: PARCEL I• A tract of land in Section 23, Township 37 North, Range 2 East of the Second Principal Meridian in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Southwest corner of Section 23, Township 37 North, Range 2 East; thence along the South line of said Section 23 South 89 degrees 37 05" East (the bearing of this course being assumed and all other bearings being derived therefrom) 2,649.08 feet to the Southwest corner of the Southwest Quarter of said Section 23; thence continuing along the South line of said Southeast Quarter South 90 degrees 00' 00" East 178.42 feet to the Point of beginning of this tract of land; thence North 0 degrees 27' 07" East 752.87 feet thence South 89 degrees 32' 53" east 576.63 feet; thence North 00 degrees 37107" East 1885.37 feet to the North line of the Southeast Quarter of said Section 23; thence South 89 degrees 36' 39 11D East 150.00 feet along the North line of said Southeast Quarter; thence North 0 degrees 23' 21" East 40/.00 feet; thence South 89 degrees 36' 39" parallel to the North line of said Southeast Quarter 80.00 feet; thence South 0 degrees 23' 21" West 40.00 feet to the North line of said Southeast Quarter; thence south 89 degrees 36' 39" East along said North line 1656.99 feet to the Northeast corner of said southeast quarter; thence south 0 degrees 23' 54" West 163.00 feet along the East line of Section 23; thence South 89 degrees 36' 06" East 17.10 feet to the Westerly right -of -way of the Conrail Railroad; thence along said right -of -way of line 805.63 feet along a curve to the right having a radius of 5680.15 feet and subtended by a long chord having a bearing of South 25 degrees 20' 34" West and a length of 804.95 feet; thence continuing on said right -of- way line South 29 degrees 17' 52" West 1983.97 feet to the South line of Section 23 and the centerline of Chippewa Avenue; thence South 90 degrees 00100" West along said South line 1184.94 feet to the Point of Beginning. Containing 89.675 acres more or less. PARCEL II• A non - exclusive right -of -way and easement for the use, inspection, construction, installation, repair, maintenance, and replacement, of a 48 inch storm sewer for surface water run -off as it flows from the Main Plant (Parcel 1), across, through, over and under "Plant 8" and the "Remaining Property" (as defined in the Declaration of Easements, Covenants, and Conditions made as of September 20, 1984 by Amland Corporation and recorded in the Office of the Recorder of St. Joseph County, Indiana as Document No. 8419846 into Bowman Creek. Said easement to be described as follows: A parcel of land in the Northeast Quarter of Section 23, Township 37 North, Range 2 East, being a strip of land thirty (30) feet wide, fifteen (15) feet on each side of the following described line. Beginning at a point on the south line of said Northeast Quarter 680 feet West of the Southeast corner of said Quarter Section; thence North 0 degrees 25' East 43 feet; thence North 49 degrees West along the approximate centerline of the existing storm sewer 148 feet to the North line of Plant 8 parcel. with said real estate having the following Key No. 18 -5001 -0007, 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 /Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Robert Tennyson, president of Plastic Solutions, made the presentation for the resolution. He indicated they were purchasing new equipment, in order to increase their output, as well as employment. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2081 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS INTEREST IN PURCHASING THE PROPERTY LOCATED AT 125 WEST COLFAX IN SOUTH BEND. WHEREAS, the City of South Bend, Indiana, is the owner of certain real estate and improvements located 224 North Main Street and known as the South Bend Water Works Administration Building, which building houses the administrative offices of the South Bend Water Works; and WHEREAS, said Water Works Administration Building its used and staff by the employees of the South Bend Water Works and houses the City's water utility operations; and WHEREAS, said Water Works Administration Building comprises approximately 4,700 square feet, which area is insufficiently large to accommodate all of the staff and operations of the City's water utility, which insufficiency results in the inefficient operation of the City's water utility and added cost of such operations; and WHEREAS, said Water Works Administration Building is plagued with structural and operational problems, including handicap inaccessibility, cracks, poor heating, ventilating and air conditioning systems, poor wiring and inadequate power supply, leaking roof, inadequate fire power supply, leaning roof, inadequate fire protection, pest problems; and WHEREAS, the most efficient and cost effective allocation of resources warrants the relocation of the City's Water Works administrative operations from said Water Works Administration Building to a new facility that is both adequately sized to house utility needs and which shall be properly ventilated and otherwise equipped; and WHEREAS, the owners of the real estate and improvements at 125 West Colfax Street, South Bend, Indiana, formerly housing the Summit Bank Building, are desirous of selling such real estate and improvements to the City for use as the City's Water Works Administration Building; and WHEREAS, the Director of the real estate and improvements at 125 W. Colfax Street, South Bend, Indiana, formerly housing the Summit Bank Building, are desirous of selling such real estate and improvements to the City for use as the City's Water Works Administration Building; and WHEREAS, the Director of the South Bend Water Works has inspected said Summit Bank Building property and has found it to be adequately sized, and with improvements, otherwise suited for use as the City's Water Works Administration Building; and WHEREAS, the Director of the South Bend Water Works has Commissioned and obtained two (2) appraisals of the Summit Bank Building property located at 125 West Colfax prepared by two (2) appraisers professionally engaged in making appraisals; and WHEREAS, said appraisals have been returned to the Director of the South Bend Water Works who, on September 7, 1993, filed said appraisals with the Board of Water Works Commissioners for the City of south Bend; and WHEREAS, said appraisals have been presented to the South Bend Common Council and are presently on file at the Water Works Administration Building and shall remain on file for a period of five (5) years; and WHEREAS, said appraisals have appraised the Summit Bank Building property at 125 West Colfax at $340,000.00 and $325,000.00; and WHEREAS, the Director of the South Bend Water Works recommended to the Board of Water Works Commissioners of the City of South Bend that it offer to purchase the Summit Bank Building property for $320,000.00; and WHEREAS, the Board of Water Works Commissioners of the City of South Bend, at its September 7, 1993, meeting adopted a resolution declaring it to be of public utility and benefit that the property at 125 West Colfax commonly known as the Summit Bank Building be acquired; and WHEREAS, on September 21, 1993, the Board of Water Works Commissioners of the City of South Bend held a public hearing on the public utility and benefit of acquiring the Summit Bank Building at 125 West Colfax and that after the hearing the Board of Water Works Commissioners affirmed this Resolution declaring the acquisition of the Summit Bank Building to be of public utility and benefit; and WHEREAS, the Board of Water Works Commissioners for the City of South Bend has established a maximum purchase price ft the Summit Bank Building of $320,000.00; and WHEREAS, I.C. 36 -1- 10.5 -5 (1) provides that the Common Council shall pass a resolution declaring that it is interested in purchasing the property commonly referred to as the Summit Bank Building located at 125 West Colfax; and WHEREAS, the proposed purchase price of $320,000.00 meets the statutory requirement at I.C. 36 -1- 10.5.6 that the purchase price of the land or structure not exceed the average of the two appraisals. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. That the Water Works Administration Building presently located at 224 North Main Street, South Bend, Indiana, is insufficiently large to accommodate all of the staff and operations of the City's water utility. 3. That the present Water Works Administration Building is plagued with structural and operational problems, including inaccessibility to disabled persons, cracks, poor heating, ventilating and air conditioning systems, poor wiring and inadequate power supply, leaking roof, pest problems, and inadequate fire protection. 4. That on September 22, 1993, the Board of Water works Commissioners of the City of South Bend held a public hearing on the public utility and benefit of acquiring the property at 125 West Colfax commonly referred to as the Summit Bank Building and that at the conclusion of the Public Hearing, the Board of Water Works Commissioners confirmed its Resolution declaring that the acquisition of the Summit Bank Building is of public utility and benefit. 5. That the two (2) appraisals presented to the South Bend common Council for the property at 125 West Colfax appraised the property at $340,000.00 and $325,000.00. 6. That the proposed purchase price of $320,000.00 meets the statutory requirement enunciated at I.C. 36 -1- 10.5 -6 which provides that the purchase price of the structure shall not exceed the average of the two (2) appraisals received. 7. That the most efficient and cost effective allocation of resources warrants the relocation of the City's Water works administrative operations from said Water Works Administration Building to a new facility to be located at 125 West Colfax commonly referred to as the Summit Bank Building. 8. That having heard all speakers at the presentation and hearing on this Resolution on the 11th day of october, 1993, and having taking into consideration the facts adduced at this hearing and in documents and presentations, as well as all personal investigations, discussions, and consideration by individual Council Members, the Common Council of the City of South Bend hereby finds pursuant to I.C. 36 -1 -10.5, that it is interested in acquiring the property at 125 W. Colfax Commonly referred to as the Summit Bank Building. 9. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. John Stancati, Director of the Water Works, made the presentation for the bill. He indicated they wanted to purchase the property at 126 W. Colfax, at a cost of $320,000. He indicated this resolution was the last hurdle in the process of purchasing this needed space. 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. BILLS. FIRST READING BILL NO. 84 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: TUCKER DRIVE, LYING WEST OF KALEY STREET, IN SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on October 25. seconded by Council Member Coleman. The motion carried. BILL NO. 84 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,271.40 FROM THE COVELESKI IMPROVEMENT FUND FOR THE PURPOSE OF PROVIDING FLOOD RELIEF TO THE CITY OF DAVENPORT, IOWA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on October 25. seconded by Council Member Duda. The motion carried. BILL NO. 86 -93 A BILL APPROPRIATING $932,000.00 WITHIN VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS FUND. This bill had first reading. Council Member Zakrzewski made a motion to combine this bill and refer it to the Public Works and Personnel and Finance Committees and set it for public hearing and third reading on October 25. seconded by Council Member Puzzello. The motion carried. BILL NO. 87 -93 A BILL APPROPRIATING $116,000.00 FROM AND AMONG THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR THE IRONWOOD WIDENING AND STORM - SANITARY SEWER PROJECT. This bill had first reading. Council Member Zakrzewski made a motion to combine this bill and refer it to the Utilities and Personnel and Finance Committees and set it for public hearing and third reading on October 25. seconded by Council Member Puzzello. The motion carried. BILL NO. 88 -93 A BILL APPROPRIATING $490,000.00 WITHIN VARIOUS ACCOUNTS OF THE WASTEWATER FUND FOR VARIOUS IMPROVEMENTS. This bill had first reading. Council Member Zakrzewski made a motion to combine this bill and refer it to the Utilities and Personnel and Finance Committees and set it for public hearing and third reading on October 25. seconded by Council Member Puzzello. The motion carried. BILL NO. 89 -93 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 5 OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE ESTABLISHING AN ORDINANCE WHICH PROHIBITS THE PRESENCE OF DISORDERLY HOUSES IN THE CITY OF SOUTH BEND. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Safety Committee and set it for public hearing and third reading on October 25. seconded by Council Member Zakrzewski. The motion carried. NEW BUSINESS Council Member Zakrzewski made a motion to set the last meeting in November for November 29, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR Otis Romine, 19221 Summers, spoke regarding a charitable solicitations ordinance. and the vacation of Calvert Street. 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 and the meeting was adjourned at 9:35 p.m. ATTEST: � u &�,,� City Clerk ATTEST: • I s, I NO "=--K