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HomeMy WebLinkAbout11-23-92 Council Meeting Minutes439 REGULAR MEETING NOVEMBER 23, 1992 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, November 23, 1992, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Duda, Coleman and Ladewski Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the October 26, and November 9, 1992 meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Steve Luecke /s/ Loretta Duda Council Member Coleman made a motion that the minutes of the October 26, and November 9, 1992 meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. 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 November 23, 1992 at 7:05 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 81 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF EAST JEFFERSON BOULEVARD AND TUXEDO 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 Vacation Committee had met on this bill and recommended it to the Council favorable. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk's office, seconded by Council Member Duda. The motion carried. John Byorni, Area Plan, gave the staff report, which was favorable. Rick Morgan, attorney, made the presentation for the bill. He indicated this property was previously zoned "B" residential, however, a final site plan was not submitted and the property reverted. He indicated the hospital planned to expand an existing medical office facility, and put on an addition to the hospital in the future. Charles Owen, Cole & Associates, and Stephen Crain, President of Michiana Hospital, spoke regarding the addition to the hospital. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 84 -92 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 514 EAST INDIANA AVENUE IN THE CITY OF SOUTH BEND, INDIANA. Council Member Luecke made a motion to continue this bill until January 25, 1993, at the request of the Historic Preservation Commission, seconded by Council Member Duda. The motion carried. BILL NO. 88 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF S. MAGNOLIA FROM THE SOUTH RIGHT -OF -WAY LINE OF AN ALLEY RUNNING ALONG THE PENN CENTRAL RAILROAD AND BETWEEN S. MAGNOLIA STREET AND S. NASH STREET, AND THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF THE PENN CENTRAL RAILROAD FOR A DISTANCE OF APPROXIMATELY 379.85 FEET AND A WIDTH OF APPROXIMATELY 16 FEET. PART SITUATED IN OLIVER'S SECOND ADDITION 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 Vacation Committee had met on this bill and recommended it to the Council favorable. Tom Lykowski, 53266 Bonvale Dr., made the presentation for the bill. He indicated he has a shop on Nash St., adjacent to the alley, and was requesting this vacation to clean up what is now a dumping ground and public eyesore. He indicated this would also allow for future expansion of his business. John Nemeth, 1525 Magnolia, spoke regarding this vacation. Council Member Duda made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. 440 REGULAR MEETING NOVEMBER 23, 1992 BILL NO. 91 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF LINCOLN WAY WEST FROM THE WEST RIGHT -OF -WAY LINE OF N. WALNUT TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING NORTH -SOUTH ALLEY WEST OF N. WALNUT; AND THE FIRST NORTH -SOUTH ALLEY WEST OF N. WALNUT FROM THE SOUTH RIGHT -OF -WAY OF LINCOLN WAY WEST TO THE NORTH RIGHT -OF -WAY LINE OF THE FIRST INTERSECTION EAST -WEST ALLEY SOUTH OF LINCOLN WAY WEST. 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 Vacation Committee had met on this bill and recommended it to the Council favorable. James Millsap, Deacon of the Faith Apostolic Temple, made the presentation for the bill. He indicated the church was requesting this vacation in order to provide for additional parking. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 92 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 -FOOT ALLEY LYING BETWEEN CLOVER ROAD AND OAKLAND STREET, A LENGTH OF APPROXIMATELY 361.00 FEET, MEASURED EAST /WEST AND 14.00 FEET, MEASURED NORTH - SOUTH, SITUATED SOUTH OF LOTS 1 THROUGH 5, 78 AND 79, ALL INCLUSIVE OF HIBBERD PLACE, SAID SUBDIVISION BEING A PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. 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. Council Member Luecke made a motion to continue public hearing on this bill until December 14, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 93 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS, ADDITIONS AND IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO PROVIDE FOR THE COSTS THEREOF, AND AUTHORIZING THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH WATERWORKS AND OTHER RELATED MATTERS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no committee meeting held on this bill. Randy Ropola, attorney, made the presentation for the bill. He indicated this bond issue would be for a maximum of 5.1 million, with a maximum interest rate of 10.5 %. He indicated this bond would be used to finance a new office for the water Works, as well as other upgrades needed at the Water Works, and will be repaid from revenue gained by the proposed rate increase. T. Brooks Brademas, 425 N. Michigan, indicated the Robertson's Building should be used for a government building and the Water Works could be housed at that location, as well as other departments that need space. He indicated the Building Department, and the Economic Development Department were renting space in the First Bank Building. Joyce Boaler, spoke against the bill. Council Member Luecke indicated there was a committee studying the feasibility of using the Robertson's Building for government offices. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 94 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1993, AND ENDING DECEMBER 31, 1993, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke made a motion to accept amended pages 2 -10 through 2 -12, Water Works, 4 -2 through 4 -5 Solid Waste, seconded by Council Member Zakrzewski. The motion carried. Council Member Luecke made a motion to reserve further action on pages 8 -1 through 8 -7 for Century Center, seconded by Council Member Zakrzewski. The motion carried. Council Member Puzzello reported that the Utilities and Personnel & Finance committees had met on this bill and recommended it to the Council favorable, as amended. Kevin Horton, Controller, made the presentation for the bill. He indicated this bill would appropriate budgets for the enterprise funds for 1993. He indicated Solid Waste and Water Works are subject to future rate increases. The Solid Waste budget is for the implementation of city -wide trash service. There will be a rate change for Solid Waste that will come before the Council over the next 4 to 6 weeks. If the Council approves this particular increase then there will be a modified Solid Waste budget that will be predicated on the current budget plus whatever personnel increases that are anticipated. Joyce Boaler, spoke against the citywide trash proposal. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 95 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $188,000.00 FROM THE MORRIS CIVIC CAPITAL IMPROVEMENT FUND. REGULAR MEETING NOVEMBER 23, 1992 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 & Finance Committee had met on this bill and recommended it to the Council favorable. Cleo Hickey, Economic Development, made the presentation for the bill. She indicated this appropriation would be used to pay for the architectural design work through the construction drawing phase for the renovation of the Morris Civic and Palais Royale. The following members of the South Bend Entertainment District spoke in favor of this bill; Jim Wyllie, 51086 Woodcliff, Mike McKeough, 15689 Saddle Ridge, Anita Borders, Executive Director of the Broadway Theatre League. Carter Wolfe, Center City Associates, spoke in favor of this bill. Jim Cierznieak, 1156 E. Victoria, spoke against this bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 96 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $130,000.00 FROM THE UDAG FUND TO BE USED TO DEFRAY ADMINISTRATIVE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Economic Development, made the presentation for the bill. She indicated this bill will appropriate funds received from One Michiana Square's repayment on their UDAG loan. She indicated these funds will be used in Economic Development's budget. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 97 -92 A BILL APPROPRIATING $2,994,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1993, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT. 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 Human Resources Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Economic Development, made the presentation for the bill. She indicated this bill would appropriate the 1993 entitlement. Jo Blacketor, 906 Eckman, questioned the distribution of the neighborhood allocation. Ms. Leonard indicated they were working on the allocation of these funds. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. Council Member Luecke indicated he is an employee of South Bend Heritage, however, there is no conflict of interest and he would therefore be voting on this bill. The motion carried. BILL NO. 99 -92 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 1992. 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 & Finance Committee had met on this bill and recommended it to the Council favorable. Jeff Rinard, City Auditor, made the presentation for the bill. He indicated this an annual transfer made within classifications of various departments in the General Fund, as well as other select funds. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 100 -92 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 1992. 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 & Finance Committee had met on this bill and recommended it to the Council favorable, as amended. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Duda. The motion carried. Jeff Rinard, City Auditor, made the presentation for the bill. He indicated this an annual appropriation bill that shifted and appropriated money out of operating balances of various funds. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Duda. 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 City Clerk d; a 44v REGULAR MEETING REGULAR MEETING RECONVENED NOVEMBER 23, 1992 Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:48 p.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8315 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF EAST JEFFERSON BOULEVARD AND TUXEDO 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 Duda. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8316 -92 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF S. MAGNOLIA FROM THE SOUTH RIGHT -OF -WAY LINE OF AN ALLEY RUNNING ALONG THE PENN CENTRAL RAILROAD AND BETWEEN S. MAGNOLIA STREET AND S. NASH STREET, AND THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF THE PENN CENTRAL RAILROAD FOR A DISTANCE OF APPROXIMATELY 379.85 FEET AND A WIDTH OF APPROXIMATELY 16 FEET. PART SITUATED IN OLIVER'S SECOND ADDITION IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8317 -92 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF LINCOLN WAY WEST FROM THE WEST RIGHT -OF -WAY LINE OF N. WALNUT TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING NORTH -SOUTH ALLEY WEST OF N. WALNUT; AND THE FIRST NORTH -SOUTH ALLEY WEST OF N. WALNUT FROM THE SOUTH RIGHT -OF -WAY OF LINCOLN WAY WEST TO THE NORTH RIGHT -OF -WAY LINE OF THE FIRST INTERSECTION EAST -WEST ALLEY SOUTH OF LINCOLN WAY WEST. 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. 8318 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS, ADDITIONS AND IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO PROVIDE FOR THE COSTS THEREOF, AND AUTHORIZING THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH WATERWORKS AND OTHER RELATED MATTERS. 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 eight ayes and one nay (Council Member Washington.) ORDINANCE NO. 8319 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1993, AND ENDING DECEMBER 31, 1993, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had third reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Duda. The motion carried. Council Member Puzzello made a motion to pass the bill, as amended, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8320 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $188,000.00 FROM THE MORRIS CIVIC CAPITAL IMPROVEMENT FUND. 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. 8321 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $130,000.00 FROM THE UDAG FUND TO BE USED TO DEFRAY ADMINISTRATIVE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND. L I: REGULAR MEETING NOVEMBER 23, 1992 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. 8322 -92 AN ORDINANCE APPROPRIATING $2,994,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1993, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8323 -92 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 1992. 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. 8324 -92 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 1992. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The motion carried. RESOLUTIONS .A RESOLUTION NO. 1987 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 137 SOUTH OLIVE STREET, SOUTH BEND, INDIANA 46619, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR GAINEY REALTY AND INVESTMENT CORP. 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 137 South Olive and which is more particularly described as follows: A lot or parcel of land situated in part of the Northwest quarter of Section 10, Township 37 North, Range 2 East, South Bend, Indiana described as follows, viz: Beginning at a point on the West line of Olive Street that is 20 feet West and 952.1 feet North of the Southeast corner of the Northwest Quarter of Section 10, Township 37 North., Range 2 East; thence North 89037' West 250 feet; thence South 113 feet; thence North 89037'30" West 240.15 feet; thence North 0 01' 40" East 989.24 feet to the southerly right -of -way line to the West line of Olive Street; thence South 17.33 feet along said West line; of Olive Street; thence South 551.01 feet along said West line to the place of beginning. with said real estate having the following Key No. 38056 -11904 and 38286- 32404, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12- .1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows. Section I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of three (3) REGULAR MEETING NOVEMBER 23, 1992 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. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Larry Carrier, Grand Rapids, made the presentation for the resolution. He said his company was renovating this property and it will be leased to Michiana Trailer Sales and Service. Council Member Coleman made a motion to adopt this resolution, as amended, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1988 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3601 LATHROP, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX YEAR REAL PROPERTY TAX ABATEMENT FOR P.A.I. PROPERTIES. 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 3601 Lathrop, South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter of Section 28, Township 38 North, Range 2 East of the Second Principal Meridian, German Township, St. Joseph County, Indiana and described as follows: Commencing at the Southeast corner of said Section 28 said point being at the intersection of centerlines of Bendix Drive and Lathrop Street, thence North 90 -00 -00 West (bearing assumed along the South line of the Southeast quarter of said Section 28 (being along the centerline of Lathrop 1423.75 feet; thence North 00 -05 -56 East, 40.00 feet to the point of beginning; thence North 90 -00 -00 West 454.93 feet; thence North 00 -05 -56 East 803.76 feet; thence North 45 -40 -30 East, 143.40 feet; thence North 44 -29 -49 East, 191.12 feet to the South line of 40' easement granted to C.S.S. and South Bend Railroad; thence South 45 -02 -33 East along the said southerly easement 202.36 feet; thence South 00 -16 -23 East, 606.98 feet; thence South 00 -05 -56 West, 360.20 feet to the point of beginning and containing 10.226 acres more or less and is subject to easements, restrictions and or covenants of record. and which has Key Number 25 1010040023, 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. 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 that the petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6- 1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et seq., for tax abatement. Section II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment of rehabilitation: D. That the estimate of the annual salar es of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits 445 REGULAR MEETING NOVEMBER 23, 1992 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 deduction, all of which satisfy the requirements of S.C. 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 Section 6 -1.1- 12.1 -3 of the Indiana Code. 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 purposed of real property tax abatement. Section V. The designation as an Economic Revitalization area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. Section VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6) 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, 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/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Ernest Szarwark, attorney, made the presentation for the bill. He indicated the petitioner was the owners of the property which was leased to North American Signs. He indicated North American Signs does installation, maintenance and sign repair. He indicated they were adding 20,000 square feet to their present facility. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1989 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 RIVERSIDE DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE 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 1400 Riverside Dr., South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast corner of the Southwest 1/4 of said Section 35; thence South 89 49' 52" West (bearing assumed) along the South line of said Section 308.97 feet; thence north 89 55' 00" west, 116.24 feet; thence North 00 00' 27" West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55100" West along said north line of alley, 236.61 feet to a point 120.00 feet south 89 55'00" 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 55' 18" east of the northeast corner of Lot 10 as shown on the second plat of Northwest addition to the City of South Bend recorded April 6, 1906 in Plat Book 0, pages 30 and 31; thence south 89 55' 18" east along the south line of King Street, 352.84 feet; thence north 00 00' 27" West, 194.85 feet to a point on the centerline of the East and West 14 foot alley between King Street and McCartney Street proceed East; thence North 99 06' 09" east, 128.81 feet; thence north 89 46' 49" east 287.05 feet to the Westerly line of Riverside Drive; thence south 16 37' 15" west along a chord subtending said Westerly line of Riverside Drive,466.43 feet to the South line of said Section 35; thence North 90 00' 00" west along said south line, 156.71 feet to the point of the beginning. Commencing at the southwest corner of the 1/4 of said section 35; thence North 00 00' 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 00' 30" west along said East line 336.00 feet to the South line of Queen Street; thence south 89 56' 09" West along said South line of Queen Street 176.60 feet; thence North 00 02' 36" East 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56' 09" West along said centerline of alley 131.27 9 II N w REGULAR MEETING NOVEMBER 23, 1992 feet; thence south 00 06' 09" west along the East line of Lot 145 in the Third Plot 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 56, 09" west along said south line of Queen Street, 12.93 feet to the east line of Allen Street; thence south 00 05' 51" west along said East line of Allen Street,m 329.87 feet to the South line of McCartney Street; thence South 89 58' 27" east along said South line of McCartney Street, 12.91 feet; thence South 00 06109" west 6.11 feet;t hence North 89 56' 09" east 308.71 feet to the Point of Beginning. and which has Key Number 18 2110 4067, 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. 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 that the petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et seq., for tax abatement. Section II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment of rehabilitation: D. That 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 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 deduction, all of which satisfy the requirements of I.C. 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 Section 6 -1.1- 12.1 -3 of the Indiana Code. 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 purposed of real property tax abatement. Section V. The designation as an Economic Revitalization area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. Section VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of Ten (10) years. Section VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, said publication providing notice of thecpublic 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/ Stephen Luecke Member of the Common Council 447 REGULAR MEETING NOVEMBER 23, 1992 A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Mike Kaser, chief financial officer, made the presentation for the bill. He indicated they planned an expansion of warehouse space and shipping docks, at a project cost of $633,030. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1990 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2820 VIRIDIAN DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR MACK TOOL & ENGINEERING, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 2020 Viridian Dr. South Bend, Indiana, and which is more particularly described as follows: A tract or parcel of land located in the Southwest Quarter of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, more particularly described as follows; Beginning at a point which is One Hundred Ninety -five and Eighteen Hundredths (195.18) feet North and Eight Hundred Fifty -five and Fifty -four Hundredths (855.54) feet Easterly of the center of said Section 33, said point being on the North line of Progress Drive; thence North Oo 19' 51" East a distance of Four Hundred Sixty -Eight and Seventy -three Hundredths (468.73) feet to the South line of the St. Joseph County Airport; thence South 890 59' 38" East on and along the South line of said St. Joseph County Airport a distance of Four Hundred Thirty -nine and Ten Hundredths (439.10) feet; thence South Oo 18' 51" West a distance of Four Hundred Seventy and Sixty -five Hundredths (470.65) feet to the North line of Progress Drive; thence North 890 40' 09" West a distance of Four Hundred Thirty -nine and Seventy -one Hundredths (439.71) feet to the point of beginning. and this property has Key Number 25 1006 0296, 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.; 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 expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will 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 Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits Form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. n REGULAR MEETING NOVEMBER 23, 1992 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 IX. 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. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Mel Hartz, owner of Mack Tool, made the presentation for the bill. He indicated they had started this business four and one -half years ago and they have continued to grow. He indicated with this expansion they would add three new jobs. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1991 -92 A RESOLUTION AUTHORIZING THE CONTROLLER TO INVEST AND REINVEST CERTAIN IDLE FUNDS DURING THE YEAR 1993 IN ACCORDANCE WITH I.C.5- 13 -9 -1, ET SEQ., AND /OR I.C. 5- 13 -11 -1 ET SEQ., AND ALSO AUTHORIZING THE CONTROLLER TO CONDUCT THE CITY'S BUSINESS WITH FINANCIAL INSTITUTIONS THROUGH THE USE OF ELECTRONIC FUND TRANSFERS. 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 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 -1 -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 1993, 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 departments of the Civil City, in the manner permitted by I.C. 5- 13 -9 -1, et seq., and /or I.C. 5- 13 -11 -1 et seq. 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, "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. no, REGULAR MEETING NOVEMBER 23, 1992 SECTION VI. This resolution shall be in full force and effect from and after its passage 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. Jeff Rinard, City Auditor, made the presentation. He indicated this was the annual resolution passed to allow for electronic fund transfers. Council Member Coleman mad 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. 1992 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF SUITE 100, 205 WEST JEFFERSON BOULEVARD, SOUTH BEND, INDIANA, AS OFFICE SPACE FOR THE ST. JOSEPH COUNTY /SOUTH BEND BUILDING DEPARTMENT IS NEEDED. WHEREAS, the Board of public Works of the City of South Bend, Indiana, on November 16, 1992, received a petition ( "Petition ") signed by at least fifth (50) taxpayers of the City of South Bend, requesting that the Board lease Suite 100, 205 West Jefferson Boulevard, South Bend, Indiana ( "Premises "), as office space for the St. Joseph County /South Bend Building Department ( "Building Department "), by entering into a least agreement with the Jefferson Boulevard Partnership of South Bend, Indiana, for a term of two (2) years, with a one (1) year extension at the City's option, with an annual rental not to exceed Twenty -four Thousand Dollars ($24,000.00) the first year, Twenty -Five Thousand Two Hundred Dollars ($25,200.00) the second year, and Twenty -six Thousand Four Hundred Dollars ($26,400.00) the third year, if the option for the third year is exercised by the City; and WHEREAS, the Board of Public Works received, on November 16, 1992, a certificate of the St. Joseph County Auditor, certifying that the verifier of the Petition and the signatories of the Petition are taxpayers and owners of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 26- 1- 10 -7(3) requires, prior to the Board of Public Works entering into a lease agreement for said Premises, that the Common Council, after investigation, determine that the Premises are needed. 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 Common Council finds that the current office of the Building Department at 732 County -City Building provides insufficient space to accommodate the needs of the Building Department and to allow for the effective and efficient administration and operation of said Department. 3) That an efficient and cost - effective allocation of resources warrants the relocation of the Building Department, and no adequate alternative space can be found within the County -City Building. 4) That the Building Commissioner has recommended that the City lease the premises commonly known as Suite 100, 205 West Jefferson Boulevard, South Bend, Indiana, for the use and operation of the Building Department. 5) That on the 16th day of November, 1992, a Petition signed by at least fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City, requesting that the Board lease Suite 100, 205 West Jefferson Boulevard, South Bend, Indiana, as office space for the Building Department by entering into a lease agreement with the Jefferson Boulevard Partnership of South Bend, Indiana, for a term of two (2) years, with a one (1) year extension at the City's option, with an annual rental not to exceed Twenty -four Thousand Dollars ($24,000.00) the first year, Twenty -five Thousand Two Hundred Dollars ($25,200.00) the second year, and Twenty -six Thousand Four Hundred Dollars ($26,400.00) the third year, if the option for the third year is exercised by the City. 6) That on the 16th day of November, 1992, the Board of Public Works received a certificate signed by the St. Joseph County Auditor certifying that the verifier and signatories of the Petition are taxpayers on property located within the corporate limits of the City of South Bend. 7) That on the 16th day of November, 1992, preliminary plans, specifications, and cost estimates for the renovation of the premises were filed with the Board of Public Works. 8) That on the 16 day of November, 1992, a proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which proposed lease is attached hereto and incorporated herein. REGULAR MEETING NOVEMBER 23, 1992 9) That having heard all speakers at the presentation and hearing on this Resolution on the 23rd day of November, 1992, and having taken into consideration 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 -7 (2), that the lease of office space for the St. Joseph County /South Bend Building Department, as petitioned by more than fifty (50) taxpayers of the City of South Bend, is needed. 10) 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 Nagle, Asst. Zoning Administrator, made the presentation. He indicated since the consolidation with the County Building Department it has been necessary for employees to share desks, phones, offices, and to store records in the public hallway. In order for this department to operate efficiently it will be necessary for us to have an adequate amount of space. We believe this location will offer sufficient space and the rent is reasonable for the amount of space. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of eight ayes (Council Member Duda was out of the room.) BILLS, FIRST READING BILL NO. 101 -92 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 804 N. LAFAYETTE (MADISON SCHOOL) IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Kelly. The motion carried. BILL NO. 102 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF W. VAN BUREN ST. FROM THE WEST RIGHT -OF -WAY LINE OF N. COTTAGE GROVE AVE. TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING NORTH -SOUTH ALLEY WEST OF N. COTTAGE GROVE AVE. FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. THE PART SITUATED BETWEEN LOTS #87 AND #88 IN THE CUSHING AND LINDSEY SUBDIVISION TO THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing on December 14, seconded by Council Member Coleman. The motion carried. BILL NO. 103 -92 A BILL TRANSFERRING $23,000 WITHIN ACCOUNTS WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF ACQUIRING REAL PROPERTY. This bill had first reading. Council Member Kelly made a motion to refer this bill to the Human Resources Committee and set it for public hearing on December 14, seconded by Council Member Coleman. The motion carried. BILL NO. 104 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13 -57.05 OF THE MUNICIPAL CODE TO INCREASE THE FINE FOR INDIVIDUALS WHO VIOLATE SECTION 13 -57 OF THE MUNICIPAL CODE ON MORE THAN ONE OCCASION DURING A CALENDAR YEAR. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing on December 14, seconded by Council Member Duda. The motion carried. BILL NO. 105 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 2 -170.2 ENTITLED "POTAWATOMI ZOO NON - REVERTING CAPITAL IMPROVEMENT FUND ", NEW SECTION 2 -170.3 ENTITLED "MUNICIPAL GOLF COURSES NON - REVERTING CAPITAL IMPROVEMENT FUND ", AND NEW SECTION 2 -170.4 ENTITLED "PARK AND PICNIC FACILITIES NON- REVERTING CAPITAL IMPROVEMENT FUND ". This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing on December 14, seconded by Council Member Puzzello. The motion carried. BILL NO. 106 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 1 -4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND ADDRESSING SIX COUNCILMANIC DISTRICTS. REGULAR MEETING NOVEMBER 23, 1992 This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for public hearing on December 14, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill Nos. 80 and 89 -92 for public hearing on December 14, and refer them to the Zoning and Vacation Committee. PRIVILEGE OF THE FLOOR Jim Cierznieak, 1156 E. Victoria, spoke against the College Football Hall of Fame. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Puzzello. The motion carried and the meeting was adjourned at 9:28 p.m. ATTEST: City Clerk ATTEST: President 4M