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HomeMy WebLinkAbout02-09-87 Council Meeting MinutesREGULAR MEETING FEBRUARY 9, 1987 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, February 9, , at 4:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members, Braboy, Puzzello, Beck, Taylor, Zakrzewski, Barcome, Paszek, Voorde and Serge 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 January 26 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Beverlie J. Beck /s/ Al Paszek /s/ Joseph T. Serge Council Member Beck made a motion that the minutes of the January 26, 1987, meeting of the Council be accepted and placed on file, seconded by Council Member Puzzello. The motion carried. BILL NO. 119 -86 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 7, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE DELETION OF SECTIONS 2 -86 THROUGH 2 -91 ADDRESSING BUDGETARY PROCEDURES. 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 Beck made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Taylor. The motion carried. Council Member Puzzello made the presentation for the bill. She indicated that as Chairman of the Personnel and Finance Committee for the past several years, she had found that much if not all of the information now required in written form has been made known to the Committee during the department's budget hearings. She indicated this bill would remove the duplication of the same information. Council Member Barcome made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 5 -87 A BILL AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE AND ESTABLISHING A SCHEDULE OF RATES, CHARGES AND SURCHARGES FOR SERVICES RENDERED BY THE SOUTH BEND WASTEWATER TREATMENT PLANT. This bill was continued in the Council portion at the January 26 meeting of the Council. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried on a roll call vote of five ayes and four nays (Council Members Zakrzewski, Barcome, Paszek and Voorde.) Council Member Taylor made a motion to recess, seconded by Council Member Beck. The motion carried and the meeting was recessed at 5:00 and reconvened at 5:15 p.m. There being no further business to come before the Committee of the Whole, Council Member Serge made a motion to rise and report to the Council, seconded by Council Member Beck. The motion carried. ATTEST: / O City Clerk REGULAR MEETING RECONVENED ATTEST: 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 5:15 p.m. Council President Serge presiding and nine members present. BILLS. SECOND READING NO :7727 &8-7 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 7, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE DELETION OF SECTIONS 2 -86 THROUGH 2 -91 ADDRESSING BUDGETARY PROCEDURES. V REGULAR MEETING FEBRUARY 9, 1987 This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Puzzello. The bill passed by a roll call vote of seven ayes and two nays (Council Members Paszek and Voorde.) ORDINANCE - NQI.I.7728 -8'A BILL AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE AND ESTABLISHING A SCHEDULE OF RATES, CHARGES AND SURCHARGES FOR SERVICES RENDERED BY THE SOUTH BEND WASTEWATER TREATMENT PLANT. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Beck. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Beck. The bill passed by a roll call vote of five ayes and four nays (Council Members Zakrzewski, Barcome, Paszek and Voorde.) I;i�`Li]�ppµiCi� Council Member Beck made a motion to combine public hearing on the next two resolutions, seconded by Council Member Puzzello. The motion carried. RESOLUTION NO. 1463 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 2920 SAMPLE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 2920 Sample, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Situate in St. Joseph County, in the State of Indiana A lot or parcel of land in the Northwest Quarter of the Northwest quarter of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East, described as follows, to -wit: Beginning on the South line of Sample Street in the City of South Bend, Indiana, at a point 330 feet East and 35 feet South of the Northwest corner of said Section 15; thence East along the south line of Sample Street 400 feet; thence south a distance of 536.78 feet more or less to the Northerly right of way line of the New Jersey, Indiana and Illinois Railroad; thence Southwesterly along said Northerly right of way line of the New Jersey, Indiana and Illinois Railroad 437.58 feet more or less to a point due South of the place of beginning; thence North 714.1 feet more or less to the place of beginning. ALSO, a lot or parcel of land in the northwest Quarter of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East in the City of South Bend, St. Joseph County, Indiana, described as beginning 35 feet South and 165 feet East of the Northwest Corner of Section 15, Township 37 North, Range 2 East, which beginning point is on the South line of Sample Street; thence East (bearing assumed) 165 feet along the South lines of said Sample Street; thence South zero degrees 04 minutes West 714.01 feet to the Northerly right of way line of the New Jersey, Indiana and Illinois Railroad right of way; thence South 65 degrees 59 minutes 50 seconds West 251.6 feet along said Northerly right of way; thence North zero degrees 02 minutes 50 seconds East 587.24 feet to a point 229 feet South and 65 feet West of place of beginning; thence North 89 degrees 50 minutes 50 seconds East 65 feet; thence north zero degrees 02 minutes 50 seconds East 229 feet to place of beginning. EXCEPTING THEREFROM, a parcel of land being a part of the Northwest quarter of Section Fifteen (15), Township thirty -seven (37) North, range two (2) east in the City of South Bend, St. Joseph County, Indiana, described as follows: Starting at a point 35 feet South and 165 feet East of the Northwest corner of Section 15, Township 37 North, Range 3 East which point is on the South line of East Sample Street; thence South 0 degrees 2 minutes 50 seconds West, 229 feet to the true point of beginning for this description; thence continuing as an extension to the last described line South 0 degrees 2 minutes 50 seconds to the Northerly right of way line of the Norfolk and Western Railroad (N.J.I. and I. R. R.); thence South 65 degrees 59 minutes 50 seconds West in a Southwesterly direction along the railroad right of way to a point which is 109.4 northeasterly as measured on said railroad right of way from the West line of Section 15, Township 37 North, Range 2 East; thence North 0 degrees 2 minutes 50 seconds East, 487.24 feet to a point (which point is 264 feet South and 100 feet East of the Northwest corner of said Section 15); thence North 89 degrees 50 minutes 50 seconds East, 65 feet to the point of beginning. Subject to legal highways. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission 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 WN REGULAR MEETING FEBRUARY 9, 1987 6 -1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in questions; 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. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION II. That this designation shall be limited to Three (3) calendar years from the date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /S/ Joseph T. Serge Member of the Common Council RESOLUTION NO. 1464 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 2920 SAMPLE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 2920 Sample, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Situate in St. Joseph County, in the State of Indiana A lot or parcel of land in the Northwest Quarter of the Northwest quarter of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East, described as follows, to -wit: Beginning on the South line of Sample Street in the City of South Bend, Indiana, at a point 330 feet East and 35 feet South of the Northwest corner of said Section 15; thence East along the south line of Sample Street 400 feet;thence south a distance of 536.78 feet more or less to the Northerly right of way line of the New Jersey, Indiana and Illinois Railroad; thence Southwesterly along said Northerly right of way line of the New Jersey, Indiana and Illinois Railroad 437.58 feet more or less to a point due South of the place of beginning; thence North 714.1 feet more or less to the place of beginning. ALSO, a lot or parcel of land in the northwest Quarter of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East in the City of South Bend, St. Joseph County, Indiana, described as beginning 35 feet South and 165 feet East of the Northwest Corner of Section 15, Township 37 North, Range 2 East, which beginning point is on the South line of Sample Street; thence East (bearing assumed) 165 feet along the South lines of said Sample Street; thence South zero degrees 04 minutes West 714.01 feet to the Northerly right of way line of the New Jersey, Indiana and Illinois Railroad right of way; thence South 65 degrees 59 minutes 50 seconds West 251.6 feet along said Northerly right of way; thence North zero degrees 02 minutes 50 seconds East 587.24 feet to a point 229 feet South and 65 feet West of place of beginning; thence North 89 degrees 50 minutes 50 seconds East 65 feet; thence north zero degrees 02 minutes 50 seconds East 229 feet to place of beginning. EXCEPTING THEREFROM, a parcel of land being a part of the Northwest quarter of Section Fifteen (15), Township thirty -seven (37) North, range two (2) east in the City of South Bend, St. Joseph County, Indiana, described as follows: Starting at a point 35 feet South and 165 feet East of the Northwest corner of Section 15, Township 37 North, Range 3 East which point is on the South line of East Sample Street; thence South 0 degrees 2 minutes 50 seconds West, 229 feet to the true point of beginning for this description; thence continuing as an extension to the last described line South 0 degrees 2 minutes 50 seconds to the Northerly right of way line of the Norfolk and Western Railroad (N.J.I, and I. R. R.); thence South 65 degrees 59 minutes 50 seconds West in a Southwesterly direction along the railroad right of way to a point which is 109.4 northeasterly as measured on said railroad right of way from the West line of Section 15, Township 37 North, Range 2 East; thence North 0 degrees 2 minutes 50 W REGULAR MEETING FEBRUARY 9, 1987 seconds East, 487.24 feet to a point (which point is 264 feet South and 100 feet East of the Northwest corner of said Section 15); thence North 89 degrees 50 minutes 50 seconds East, 65 feet to the point of beginning. Subject to legal highways. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission 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 has further prepared maps and plats showing the boundaries and such other information as required by law of the area in question; 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. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of personal property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolutions at this time. Council Member Voorde made a motion to accept the substitute bill 87 -2 on file with the City Clerk, seconded by Council Member Taylor. The motion carried. Eric Petersen, Chairman of the Board of Petersen Printing, indicated his company was experiencing the need for larger operating facilities, as well as newer technological equipment. He indicated their professional personnel, traditional commitment to superior quality and flexible techniques has enable them to prosper and grow. He indicated their growth can only be made through continued capital improvements. Council Member Voorde made a motion to adopt, as amended, Resolution No. 1463 -87, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. Council Member Beck made a motion to adopt Resolution No. 1464 -87, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1465 -87 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 213 W. WASHINGTON TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, the Common Council of the City of South Bend has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 213 W. Washington and more particularly described by a line drawn as follows: PARCEL I: Lots Numbered Two Hundred Thirty -Nine (239) and Two Hundred Forty (240) as shown on the original plat of the Town, now City of South Bend, Indiana; ALSO, a parcel of land to the West of and adjacent to Lots 239 and 240 as shown on the original plat of the Town, now City of South Bend, Indiana, more particularly described as beginning at the Southwest corner of said Lot Numbered 240; thence north along the West line of said Lots to the Northwest corner of said Lot Numbered 239; thence West 14 feet; thence South to a point 14 feet West of the point of beginning; thence East 14 feet to the point of beginning. (a) Title to the building and improvements located on Parcels 1, 2, and 3. (b) Lessee's interest in leasehold on the fee simple title to parcel 1 under 99 year ground lease from Pak Joint Venture (landlord), a joint venture organized and existing under the laws of the State of Indiana and composed 15 r_'TJT.AP MF.F.TTNG EBRUA 10$7____.._.. of Pick - Indiana Corporation, an Indiana corporation, American Realty of South Bend, Inc., an Indiana corporation, and K. M. Corporation, an Indiana corporation (which Landlord's interest is now by mesne assignments held by Americana Hotels and Realty Corporation, a Maryland corporation), to Jack W. Kelley (Tenant), which Tenant's interest by mesne assignments is now held by Americana South Bend Associates, an Indiana General partnership), dated December 1, 1967 and recorded January 30, 1968 in Miscellaneous Record book 236, pages 618 to 668, both inclusive, amended by Supplemental Agreement to Ground Lease by and between the said Landlord and the said Tenant dated December 1, 1967 and recorded July 15, 1968 in Miscellaneous Record Book 241, pages 135 to 143, both inclusive, in said Recorder's Office. (c) Easements for the benefit of the interests in the land described as 2 (a) and 2 (b) above, granted by American National Bank and Trust Company of South Bend, now Valley American Bank and Trust Company, to Pak Joint Venture dated November 3, 1970 and recorded November 6, 1970 in deed record 732, pages 299 and 300, as corrected by correcting affidavit recorded November 16, 1970 in Deed Record 732, page 454 (as to Parcel 2) and dated November 11, 1970 and recorded November 16, 1970 in Deed Record 732, pages 455 and 456 (as to Parcel 3), in the Office of the Recorder of St. Joseph County, Indiana, and granted, expanded and confirmed by Agreement Confirming Easements from V. B. T. Realty Corp., an Indiana corporation, to The Main and Washington joint Venture dated January 16, 1984 and recorded April 6, 1984 as Document No. 8406169 in the Office of the Recorder of St. Joseph County, Indiana, and further granted, expanded and confirmed by Second Confirmation of Easements between Valley American Bank and Trust Company and V. B. T. Realty Corp., dated April 6, 1984 and recorded April 6, 1984 as Document no. 8406170 in the office of the Recorder of St. Joseph County, Indiana. PARCEL 2: Beginning at the Southeast corner of Lot Numbered Two Hundred Forty -Three (243) as shown on the Original Plat of the Town, now city of south Bend, Indiana; thence North, on and along the East line of said Lot 243, 66 feet, more or less, to the South line of an alley that is 14 feet wide and is known as Columbia Court; thence East, on and along said South line of said alley, 15 feet to a point; thence South 66 feet, more or less, to a point on the North line of Lot 239 in said Original Plat; thence West, on and along said North line of said Lot 239, 15 feet to the point of beginning. PARCEL 3: Part of Lot Numbered Two Hundred Thirty -Eight (238) as shown on the Original Plat of the Town, now city, of South Bend, Indiana, more particularly described as follows: Beginning at a point 1.0 feet East of the Southwest corner of said Lot 238; thence North parallel with the West line of said Lot 238, 12.80 feet; thence East parallel with the mmm South line of said Lot 238, 7.80 feet; thence South parallel with said west line of said Lot 238. 7.47 feet; thence East parallel with the South line of said Lot 238, 21.63 feet; thence South parallel with the West line of said Lot 238, 5.33 feet to a point on said South line of said Lot 238: thence West, on and along said South line of said Lot 238, 29.43 feet to the point of beginning. 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. That 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 five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Kathy Cekanski - Farrand, Council attorney, indicated this resolution should be amended on page 2, Section II, to read "this designation of this area shall be limited to two (2) calendar years ". Council Member Beck made a motion to accept this amendment, seconded by Council Member Braboy. The motion carried. Ernie Szarwark, attorney for the t REGULAR MEETING FEBRUARY 9, 1987 petitioner, indicated Valley Realty Trust has acquired this property and plans to spend approximately $6,000,000 redevelopment the building with the intention of reopening the hotel portion as a Holiday Inn. He indicated the project will create 150 new permanent full -time jobs and maintain seven existing full -time jobs and 4 existing part -time jobs. He indicated this project will attract more people to the downtown area and will enhance the viability of the Century Center as it will provide additional first class lodging space. Council Member Barcome 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 Member Beck made a motion to combine public hearing on the next two resolutions, seconded by Council Member Braboy. The motion carried. RESOLUTION NO. 1466 -87 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM VARIOUS FUNDS TO THE VARIOUS FUNDS WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA. WHEREAS, it is necessary to provide funds for the Corporation General, Park Maintenance, Police Pension and Fire Pension, and Century Center Board of Managers Operating funds prior to the receipt of taxes in the year 1987 in order to meet current operating expenses of the City, provided for in the budget adopted for the year 1987; and WHEREAS, there are monies on deposit to the credit of various funds of the City, to wit: Cumulative Sewer Building and Sinking, Sewage Works Operating, Sewage Works Insurance Fund, Water Works Operating, Sewers Repair, and Tax Incremental Financing Bond Proceeds which can be temporarily advanced or transferred to the various funds already mentioned; and WHEREAS, Indiana Code 36 -1 -8 -4 authorizes the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such a period of time as may be prescribed in the Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $4,000,000.00 to various funds from various funds as listed below. The aggregate amount of 44,000,000.00 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid by December 31, 1987. FROM; MAXIMUM TO: MAXIMUM Cumulative Sewer Building & Sinking Fund $ 850,000 Corp. General $3,000,000 Sewage Works Depreciation Fund 50,000 Police Pension 200,000 Sewage Works Operating Fund 1,200,000 Sewage works Insurance Fund 150,000 Water Works Operating Fund 750,000 Fire Pension 100,000 Sewage Repair Fund 100,000 Century Center 100,000 T.I.F. Bond Proceeds 900,000 Park Maintenance 500,000 $4,000,000 $4,000,000 SECTION II. Such transfer shall be beyond December 31, 1987 and such funds repaid to the original funds from which made for a period of time not to extend to be transferred shall be returned and they were transferred. 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/ Joseph T. Serge Member of the Common Council RESOLUTION NO. 1467 -87 A RESOLUTION AUTHORIZING THE CONTROLLER TO INVEST AND REINVEST CERTAIN IDLE FUNDS DURING THE YEAR 1987 IN ACCORDANCE WITH IC 5- 13 -1 -1, ET SEQ., AND ALSO AUTHORIZING THE CONTROLLER TO CONDUCT THE CITY'S BUSINESS WITH FINANCIAL INSTITUTIONS THROUGH THE USE OF ELECTRONIC FUND TRANSFERS. 17 a= e WHEREAS, there are certain idle funds of the Civil City of South Bend which may be invested for periods of time without affecting the operating of the various departments of the City; and WHEREAS, IC 5- 13 -1 -1, et seq., enables the Controller, or his designee, to invest such idle funds with the approval of the Common Council; and WHEREAS, IC 5- 13 -1 -1 et seq., authorizes the transaction of City business with financial institutions through the use of electronic funds transfer upon proper resolution by the Common Council; and WHEREAS, the Council finds that the use of electronic funds transfers for the transactions of certain City Business with financial institutions is in the best interest of the citizens of the Civil City of South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That during the calendar year 1987, the Controller or his designee may invest and reinvest any idle funds of the Civil City of South Bend for such periods of time that he /she determines are not needed for the normal operations of the various departments of the Civil City, in the manner permitted by IC5- 13 -1 -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 purposes 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, or 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 to that they may be audited as provided by law. SECTION V. The City of South Bend, in accordance with IC 4- 8 -1 -2 -7 (c), elects to receive distributions from the State of Indiana by means of electronic transfers of funds. 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/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolutions at this time. Michael Vance, Controller, indicated these are the same two resolutions filed each year which allows his office to make temporary loans internally to the different funds of the City of South Bend and in addition, make interest earning investments in the local banks. Council Member Taylor made a motion to adopt Resolution No. 1466 -87, seconded by Council Member Beck. The resolution was adopted by a roll call vote of nine ayes. Council Member Taylor made a motion to adopt Resolution No. 1467 -87, seconded by Council Member Beck. The Resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1468 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 2901 S. MAIN AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT. 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 2901 S. Main, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Lots 84 through 96, both inclusive Oakside 3rd addition to the city of South Bend. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq.; and W WHEREAS, the Redevelopment Commission 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 has further prepared maps and plats showing the boundaries and such other information as required by law of the area in question; 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. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of personal property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. James Hudnut, attorney, Southfield, MI, indicated this was a new business being formed to manufacturer truck bodies and trailers. He indicated a minimum of sixty new jobs will be created. Ralph Johnson, 630 E. Fairview, spoke in favor of this resolution. Council Member Barcome made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. Council Member Puzzello made a motion to combine public hearing on the next two resolutions, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 1469 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 3636 GAGNON AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3636 Gagnon, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A part of the northeast quarter of Section 28, Township 38, Range 2 east, City of South Bend, Indiana and described as follows: Commencing at the southeast corner of the northeast quarter of said section 38 said point being at the intersection of the centerlines of Boland and Bendix Drives, thence south 89058156" west (bearing assumed) along the south line of the northweast quarter of said section 38 (being along the centerline of Boland Drive) 1150.09 feet to a point at the intersection of Boland Drive with centerline of Kenmore Street; thence north 00000123" east along the said centerline of Kenmore Street; 579.86 feet; thence north 89059'37" west, 640.00 feet to the point of beginning; thence south 89058156" west, 424.01 feet; thence north 00092145" east, 784.81 feet; thence south 89059'37" east, 423.47 feet; thence south 0000123" west, 784.63 feet to the point of beginning and containing 7.634 acres more or less and is subject to easements, restrictions and or covenants of record. A part of the northeast quarter of section 28, township 38 north, range 2 east, City of South Bend, Indiana and described as follows: Commencing at the southeast corner of the northeast quarter of said section 28 said point being at the intersection of the centerlines of Boland and Bendix Drives, thence south 89058156" west (bearing assumed) along the south line of the nrotheast quarter of said section 28 (being along the centerline of Boland Drive) 1150.09 feet to a point at the intersection of Boland Drive with Centerline of Kenmore Street; thence north 00000'23" east along the said centerline of Kenmore Street, 579.87 feeet; thence north 89059'37" west, 640.00 feet; thence south 89058156" west 424.01 feet to the point of beginning; thence continuing south 89058'56" west, 100 feet; thence north 00002145" east, 784.85 feet; thence south 89059137" east, 100.00 feet thence south 00002145" west, 784.81 feet to the point of beginning and containing l' Y REGULAR MEETING FEBRUARY 9, 1987 1.802 acres more or less and is subject to restrictions and or covenants of record to be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission 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 has further prepared maps and plats showing the boundaries and such other information as required by law of the area in question; 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. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION II. That this designation of this area shall be limited to two (2) calendar years from the date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. The abatement reduction shall be for six years. This determination is made under the authorization of I.C. 6 -1 -1- 12.1 -3. 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 /Joseph T. Serge Member of the Common Council RESOLUTION NO. 1470 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 3636 GAGNON AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT. 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 3636 Gagnon, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A part of the northeast quarter of Section 28, Township 38, Range 2 east, City of South Bend, Indiana and described as follows: Commencing at the southeast corner of the northeast quarter of said section 38 said point being at the intersection of the centerlines of Boland and Bendix Drives, thence south 89058156" west (bearing assumed) along the south line of the northweast quarter of said section 38 (being along the centerline of Boland Drive) 1150.09 feet to a point at the intersection of Boland Drive with centerline of Kenmore Street; thence north 00000123" east along the said centerline of Kenmore Street; 579.86 feet; thence north 89059'37" west, 640.00 feet to the point of beginning; thence south 89058156" west, 424.01 feet; thence north 00092145" east, 784.81 feet; thence south 89059'37" east, 423.47 feet; thence south 0000123" west, 784.63 feet to the point of beginning and containing 7.634 acres more or less and is subject to easements, restrictions and or covenants of record. A part of the northeast quarter of section 28, township 38 north, range 2 east, City of South Bend, Indiana and described as follows: Commencing at the southeast corner of the northeast quarter of said section 28 said point being at the intersection of the centerlines of Boland and Bendix Drives, thence south 89058156" west (bearing assumed) along the south line of the nrotheast quarter of said section 28 (being along the centerline of Boland Drive) 1150.09 feet to a point at the intersection of Boland Drive with Centerline of Kenmore Street; thence north 00000123" east along the said centerline of Kenmore Street, 579.87 feeet; thence north 89059'37" west, 640.00 feet; thence south 89058156" west 424.01 feet to the point of beginning; thence continuing south 89058156" west, 100 feet; thence north 00002145" east, 784.85 feet; thence south 89059137" east, 100.00 feet thence south 00002145" west, 784.81 feet to the point of beginning and containing 1.802 acres more or less and is subject to restrictions and or covenants of record to be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq.; and M1 us, REGULAR MEETING FEBRUARY 9, 1987 WHEREAS, the Redevelopment Commission 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 has further prepared maps and plats showing the boundaries and such other information as required by law of the area in question; 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. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of personal property tax abatement. SECTION II.. That this designation shall be limited to five (5) calendar years from the.date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Joseph T. Serge Member of the Common Council A public hearing was held on the resolutions at this time. Kathleen Cekanski - Farrand, Council attorney, indicated Resolution 87 -10 should be amended in Section II, to read "That this designation of this area shall be limited to two calendar years from the date of the adoption of this resolution by the Common Council." She indicated Section IV should be become Section V, and a new Section IV inserted to read: "The abatement reduction shall be for six years. This determination is made under the authorization of I.C. 6 -1 -1- 12.1 -3." Council Member Taylor made a motion to accept the amendments, seconded by Council member Voorde. The motion carried. Russ Hegg, a representative of Schnee - Morehead, indicated they planned to construct a warehousing, distribution and manufacturing support facility for sealant products. He indicated in twelve to eighteen months twenty -four new jobs will be created and 8 jobs will be maintained. Council Member Barcome made a motion to adopt Resolution No. 1469 -87, as amended, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. Council Member Barcome made a motion to adopt Resolution No. 1470 -87, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 6 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF MONROE STREET, RUNNING EAST FROM MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 330 FEET TO MICHIGAN STREET, EXCEPTING THE RIGHT -OF -WAY OF THE INTERSECTION NORTH -SOUTH ALLEY. This bill had first reading. Council Member Beck made a motion to set this bill for second reading and public hearing February 23, and refer it to the Zoning and Vacation Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 7 -87 A BILL TRANSFERRING $102,997.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing February 23, and refer it to the Human Resources Committee, seconded by Council Member Barcome. The motion carried. BILL NO. 8 -87 A BILL AMENDING CHAPTER 4 ENTITLED LICENSES AND CHAPTER 5 ENTITLED ANIMALS AND FOWL OF THE SOUTH BEND MUNICIPAL CODE. This bill had first reading. Council Member Braboy made a motion to set this bill for second reading and public hearing February 23, and refer it to the Public Safety Committee, seconded by Council Member Barcome. The motion carried. BILL NO. 9 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 914 S. IRONWOOD IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Barcome. The motion carried. REGULAR MEETING FEBRUARY 9, 1987 --------- -- -- — — - - BILL NO. 10 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ST. LOUIS BLVD., AND WAYNE STREET, SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Barcome. The motion carried. BILL NO. 11 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE BOWEN DRIVE AND HIGH STREET, SOUTH BEND, INDIANA. This bill had first reading. Council Member Braboy made a motion to refer this bill to Area Plan, seconded by Council Member Barcome. The motion carried. BILL NO. 12 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1244 LINCOLN WAY EAST, SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Barcome. The motion carried. BILL NO. 13 -87 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OUTLINING CHAPTER 2, ARTICLE 8 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED CITY OFFICERS AND EMPLOYEES. This bill had first reading. Council Member Beck made a motion to set this bill for second reading and public hearing February 23, and refer it to the Personnel and Finance Committee, seconded by Council Member Barcome. The motion carried. PRIVILEGE OF THE FLOOR Joe Guentert, 3510 Corby, talked about the lease agreement for the stadium. Ralph Johnson, 630 E. Fairview, spoke regarding the City curfew. Fred Mutzl, 320 Parkovash, spoke regarding the ethanol smell. There being no further Council Member Taylor The motion carried and ATTEST: — ' City Clerk business to come before the Council, unfinished or new, nade a motion to adjourn, seconded by Council Member Paszek. the meeting was adjourned at 5:50 p.m. APPROVED: �~ res' nt