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HomeMy WebLinkAbout12-21-87 Council Meeting MinutesREGULAR MEETING DECEMBER 21, 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, December 21, at 5:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Serge, Braboy, Puzzello, Taylor, Zakrzewski, Barcome, Paszek, Voorde and Beck 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 December 7 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 Taylor made a motion that the minutes of the December 7, meeting of the Council be accepted and placed on file, seconded by Council Member Barcome. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1557 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH INDIANA, COMMENDING JOSEPH T. SERGE FOR HIS SIXTEEN (16) YEARS OF DEDICATED SERVICE AS FIRST DISTRICT COUNCILMAN WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that JOSEPH T. SERGE has diligently served the citizens of the First District since 1972; and WHEREAS, during the past sixteen (16) years Councilman Serge has earned the reputation of being a hard - working district councilman who welcomes new challenges; and WHEREAS, the Common Council recognizes with pride some of Councilman Serge's many contributions such as: 12 years of service on the Area Plan Commission, actively working with the many neighborhood organizations in the First District, serving as Council President, Vice President, and being elected Chairman of several Council committees such as the Utilities Committee, the Public Works Committee, Personnel and Finance Committee, and the Council Rules Committee, working to establish a hard - surface alley program, working to revitalize the Studebaker Corridor, working to shut down the Prenco Oil Facility, working for the establishment of a revitalized downtown and the building of the Century Center and the Stanley Coveleski Regional Stadium; and WHEREAS, The Common Council will long remember the many contributions made to our community by this dedicated public servant, COUNCILMAN JOSEPH T. SERGE. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and thanks JOSEPH T. SERGE for his sixteen (16) years of dedicated public service as First District Councilman. SECTION II. The Council publicly acknowledges Councilman Serge's many contributions to the First District and to helping to improve the quality of life in the City of South Bend; and wishes him and his wife, Helen, continued good fortune in the years ahead. 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/ Eugenia Braboy Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council /s/ Ann B. Puzzello Member of the Common Council /s/ Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ James V. Barcome Member of the Common Council K Q RM _REGULAR MEETING - - --_ -- ------ _ —_ - -- _ - — }_,— }9_$ -'_- ATTEST; /S/ IRENE K. GAMMON City Clerk /s/ Al Paszek Member of the Common Council /s/ John Voorde Member of the Common Council /S/ ROGER O. PARENT Mayor A public hearing was held on the resolution at this time. Council Member Puzzello read the resolution, and presented Council Member Serge with a gavel. Council Member Beck made a motion to adopt the resolution, by acclamation, seconded by Council Member Taylor. The resolution was adopted. RESOLUTION NO. 1558 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING EUGENIA BRABOY FOR HER FOUR (4) YEARS OF DEDICATED SERVICE AS SECOND DISTRICT COUNCILMAN WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that EUGENIA BRABOY has diligently served the citizens of the Second District since 1984; and WHEREAS, COUNCILMAN BRABOY has established a reputation for being involved in following up on citizen concerns, on improved street and alley programs, on improved street lighting, and on improved police and fire protection within the Second District; and WHEREAS, COUNCILMAN BRABOY responded to "grass roots" concerns and developed a rapport in working with people in her District; and WHEREAS, the Common Council recognizes with pride some of COUNCILMAN BRABOY'S many contributions, such as: being elected Vice - President of the Council, being elected Chairman of the Human Resources and Economic Development Committee, working for an improved controlled -use zoning ordinance, working for the development of a hard - surface alley program, diligently working for the West Washington Revitalization Program, working for Enterprize Zone Projects, and sponsoring and monitoring the passage of an Affirmative Action Ordinance for the City of South Bend; and WHEREAS, the Common Council will long remember COUNCILMAN EUGENIA BRABOY also known as "Mrs. Tax Abatement" as a dedicated public servant who proudly served her community. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly commends and thanks COUNCILMAN EUGENIA BRABOY for her four (4) years of dedicated service as a Second District Councilman. SECTION II. The Common Council publicly acknowledges Councilman Braboy's many contributions to help improve the quality of life in South Bend, Indiana, and wishes her and her husband, John continued good fortune in the years ahead. SECTION III. This Resolution shall be in full force and effect by the Common Council and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council ATTEST; /S/ IRENE K. GAMMON City Clerk /s/ Ann B. Puzzello Member of the Common Council /s/ Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ James V. Barcome Member of the Common Council /s/ Al Paszek Member of the Common Council /s/ John Voorde Member of the Common Council /S/ ROGER O. PARENT Mayor A public hearing was held on the resolution at this time. Council Member Voorde read the resolution and presented it to Council Member Braboy. Council Member Barcome made a motion to adopt this resolution by acclamation, seconded by Council Member Taylor. The resolution was adopted. RESOLUTION NO. 1559 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING BEVERLIE J. BECK FOR HER EIGHT (3) YEARS OF CONSCIENTIOUS SERVICE AS THIRD DISTRICT COUNCILMAN WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that BEVERLIE J. BECK has diligently and conscientiously served the citizens of our community and especially the citizens of the Third District since 1980; and WHEREAS, during this eight (3) year period COUNCILMAN BECK has earned a reputation of being "one of the most visible council members South Bend has ever seen;" and WHEREAS, the Common Council recognizes with pride some of COUNCILMAN BECK'S many contributions and achievements such as: being the first woman to be elected to represent a District in the City; being elected the first woman President of the Council in 1983, 1984, 1985 and 1986; being elected Vice - President of the Council in 1980; being Chairman of the Residential Neighborhoods Committee from 1980 to 1983; being Chairman of the Personnel and Finance Committee in 1987; being a Voting Delegate to the U. S. Conference of Mayors in 1980 -83, 1985 and 1986; serving on the Intergovernmental Council from 1986 to 1988; serving on the Century Center Board of Manager 1980 -1987; serving on the East Race Waterway Board of Directors from 1985 to the present; serving on the Center City Associates Board of Directors 1985 to the present; serving on the Centralized Communications Committee from 1985 to 1987; and sponsoring legislation addressing responsible animal control, pit bulls, reasonable zoning regulations; noise control, reducing sewer service charges; and a multitute of other public- service oriented legislation; and WHEREAS, COUNCILMAN BECK will long be remembered for following through on every citizens request whether it be by telephone or letter and for working long into the evenings and weekends on a myriad of Council projects. NOW, THREREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all the citizens of South Bend, Indiana and in particular those of the Third District, the Common Council publicly commends and thanks COUNCILMAN BEVERLIE J. BECK for eight (8) years of dedicated and conscientious service as Third District Councilman. SECTION II. The Common Council publicly acknowledges COUNCILMAN BECK (also known as "Ms. Disc Cameraman ") for her many contributions to help improve the quality of life in South Bend, Indiana and wishes her and her husband, Jim, continued good fortune in the years ahead. SECTION III. This resolution shall be in full force and effect by the Common Council and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council /s/ Eugenia Braboy Member of the Common Council /s/ Ann B. Puzzello Member of the Common Council /s/ Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ James V. Barcome Member of the Common Council /s/ Al Paszek Member of the Common Council /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Zakrzewski read the resolution and presented it to Council Member Beck. Council Member Puzzello made a motion to adopt this resolution by acclamation, seconded by Council Member Barcome. The resolution was adopted. RESOLUTION NO. 1560 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING ROBERT G. TAYLOR FOR HIS SIXTEEN (16) YEARS OF DEDICATED SERVICE AS FIFTH DISTRICT COUNCILMAN WHEREAS, the Common Council of the City of South Bend, Indiana recognizes that ROBERT G. TAYLOR has diligently and enthusiastically served the citizens of the Fifth District since 1972; and WHEREAS, during the sixteen (16) years COUNCILMAN TAYLOR has earned the reputation of being a hard - working district councilman who welcomes new challenges; and WHEREAS, the Common Council recognizes with pride some of COUNCILMAN TAYLOR'S many contributions such as: being Chairman of the Public Safety Committee for many years; serving as Vice - President of the Council; being past Chairman of the Human Resources and Economic Development Committee; supporting the development of a revitalized downtown; supporting the building of the Century Center and the Stanley Coveleski Regional Stadium; working for a professionalized police merit program; resolving the Ireland landfill problems; working for the funding of a Community Oriented Policy Program; and improving the auto and pedestrian traffic facilities in the Miami Village Shopping District; and WHEREAS, the Common Council will remember COUNCILMAN TAYLOR constantly working to attain full city services for southeast suburbs and working to gain the needed zoning changes for attractive and valuable residential development in the Fifth District; and WHEREAS, the Common Council will long remember COUNCILMAN TAYLOR also known as "Mr. Republican" as a dedicated public servant who provided vision and fostered a bright future for our City. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. On behalf of all of the citizens of south Bend, Indiana, the Common Council hereby publicly commends and thanks COUNCILMAN ROBERT G. TAYLOR for his sixteen (16) years of dedicated service as a Fifth District Councilman. SECTION II. The Common Council publicly acknowledges COUNCILMAN TAYLOR'S many contributions to help improve the quality of life in South Bend, Indiana, and wishes Bob and his wife, Una Fay, and their three (3) newborn triplet grandchildren (currently learning to be a Democrat, a Republican and and Independent!) continued good fortune in the years ahead. SECTION III. This Resolution shall be in full force and effect by the Common Council and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council /s/ Eugenia Braboy Member of the Common Council /s/ Joseph T. Serge Member of the Common Council /s/ Eugenia Braboy Member of the Common Council ATTEST; /S/ IRENE K. GAMMON City Clerk /s/ Ann B. Puzzello Member of the Common Council /s/ Ann B. Puzzello Member of the Common Council /s/ Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ James V. Barcome Member of the Common Council /s/ Al Paszek Member of the Common Council /s/ John Voorde Member of the Common Council /S/ ROGER O. PARENT Mayor A public hearing was held on the resolution at this time. Council Member Puzzello read the resolution and presented it to Council Member Taylor. Council Member Voorde made a motion to adopt this resolution by acclamation, seconded by Council Member Zakrzewski. The resolution was adopted. RESOLUTION NO. 1561 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING JAMES V. BARCOME FOR HIS TWO (2) YEARS OF DEDICATED SERVICE AS COUNCILMAN -AT -LARGE WHEREAS, the Common Council of the City of South Bend, Indiana, acknowledges that JAMES V. BARCOME was elected by the precinct committee members and began serving as Councilman -at -Large on January 18, 1986; and WHEREAS, during this two year period, Councilman BARCOME has earned a reputation of speaking out on behalf of his constituents on critical issues; and WHEREAS, Councilman BARCOME has also shown a keen awareness in fiscal responsibility and in developing cost - effective methods and procedures; and WHEREAS, Councilman BARCOME will be remembered for taking positive stands on such issues as short and long -term street improvement plants; improved traffic signalization, and orderly growth and development through proper zoning which compliments residential areas; and WHEREAS, the Common Council will long remember Councilman JAMES V. BARCOME as a dedicated public servant who served our City well. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of the citizens of South Bend, Indiana, the Common Council hereby publicly commends and thanks Councilman JAMES V. BARCOME for his two (2) years of dedicated service as a Councilman -at- Large. SECTION II. The Common Council publicly acknowledges Councilman BARCOME'S many contributions to help improve the quality of life in South Bend, Indiana, and wishes Jim and his wife, Beverly, continued good fortune in the years ahead. SECTION III. This Resolution shall be in full force and effect by the Common Council and approval by the Mayor. /s/ Joseph Joseph T. Serge Member of the Common Council /s/ Eugenia Braboy Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council ATTEST; /S/ IRENE K. GAMMON City Clerk /s/ Ann B. Puzzello Member of the Common /s/ Thomas Zakrzewski Member of the Common Council /s/ James V. Barcome Member of the Common Council /s/ Al Paszek Member of the Common Council /s/ John Voorde Member of the Common Council /S/ ROGER O. PARENT Mayor A public hearing was held on the resolution at this time. Council Member Puzzello read the resolution and presented it to Council Member Taylor. Council Member Voorde made a motion to adopt this resolution by acclamation, seconded by Council Member Zakrzewski. The resolution was adopted. RESOLUTION NO. 1562 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING AL B. PASZEK FOR HIS FOUR (4) YEARS OF DEDICATED SERVICE AS COUNCILMAN -AT -LARGE WHEREAS, The Common Council of the City of south Bend, Indiana, recognizes that Al B. Paszek has diligently served the citizens of our City since 1984; and WHEREAS, during this period of time, COUNCILMAN PASZEK continued to be guided by the professional standards which he established when he served the public as Trustee of Portage Township; and WHEREAS, recognizes with pride some of COUNCILMAN PASZEK'S contributions as Councilman -at -Large such as: being Chairman of the Older Adults Committee in 1986 and 1987; being Chairman of the Utilities Committee in 1987; serving on the Economic Development Commission; serving on the Business Development Corporation; and serving on a multitude of other Council committees; and WHEREAS, the Common Council will remember COUNCILMAN PASZEK as a dedicated public servant who brought a stabilizing force and a common sense approach to the Common Council. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: M SECTION I. on behalf of all the citizens of South Bend, Indiana, the Common Council hereby publicly commends and says "DZIEKUJE" to AL B. PASZEK for his four (4) years of dedicated service as a Councilman -at- Large. SECTION II. The Common Council publicly acknowledges COUNCILMAN PASZEK'S many contributions to help improve the quality of life in South Bend, Indiana, and wishes Al and his wife, Mary, continued good fortune in the years ahead. SECTION III. This Resolution shall be in full force and effect by the Common Council and approval by the Mayor. /s/ Joseph Joseph T. Serge Member of the Common Council /s/ Eugenia Braboy Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council ATTEST; /S/ IRENE K. GAMMON City Clerk /s/ Ann B. Puzzello Member of the Common Council /s/ Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ James V. Barcome Member of the Common Council /s/ John Voorde Member of the Common Council /S/ ROGER O. PARENT Mayor A public hearing was held on the resolution at this time. Council Member Zakrzewski read the resolution and presented it to Council Member Paszek. Council Member Barcome made a motion to adopt this resolution by acclamation, seconded by Council Member Taylor. The resolution was adopted. RESOLUTION NO. 1563 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING ROGER O. PARENT FOR HIS SIXTEEN (16) YEARS OF DEDICATED PUBLIC SERVICE AS MAYOR AND FOURTH DISTRICT COUNCILMAN OF THE CITY OF SOUTH BEND. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes with pride that ROGER O. PARENT served the citizens of South Bend, as their Fourth District Councilman from 1972 through 1980; and WHEREAS, the Common Council further recognizes that ROGER O. PARENT has proudly served as Mayor of the City of South Bend since 1980; and WHEREAS, in his sixteen (16) years of dedicated public service to the City, ROGER O. PARENT, has earned the reputation of being a competent and caring professional; and WHEREAS, some of the many projects of Mayor Parent include: the Fredrickson Park; the completion of the East Raceway; the Stanley Coveleski Regional Stadium; the Community Oriented Police Program; improved neighborhoods; a revitalized downtown; and quality city services; and WHEREAS, the City of South Bend, Indiana will long remember the many contributions made to our community by this dedicated and caring public servant, MAYOR ROGER O. PARENT. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and thanks ROGER O. PARENT for this sixteen (16) years of dedicated public service; eight (8) years as Mayor of the City and eight (8) years as its Fourth District Councilman. SECTION II. The Common Council publicly acknowledges Mayor Parent's countless contributions in making the City of South Bend a better place to live and work; and wishes Roger and Rolande continued success and good fortune as they embark on new careers. SECTIONS 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 Joseph T. Serge /s/ Ann B. Puzzello Member of the Common Council Member of the Common Council 215 /s/ Eugenia Braboy Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council ATTEST; /S/ Irene K. Gammon City Clerk REPORTS /s/ Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ James V. Barcome Member of the Common Council /s/ Al Paszek Member of the Common Council /s/ John Voorde Member of the Common Council Council Member Voorde indicated the Zoning and Vacation Committee had met on Bill Nos. 127, 115, and 126 -87 and recommended them favorably. Council Member Beck indicated the Personnel and Finance Committee had met on Bill No. 135 -87 and recommended it favorably. Council Member Braboy indicated the Human Resources Committee had met on Bill Nos. 134 and 136 -87, and tax abatement for Tru -Green and recommended them favorably. Jon Hunt, Director of Economic Development, gave a slide presentation of all the economic development projects this Council has approved. F. G. Nimtz, President of the Redevelopment Commission, presented each Council Member with a framed resolution. Council Member Zakrzewski made a motion to resolve into the Committee of the Whole, seconded by Council Member Barcome. 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 December 21, at 6:10 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 127 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 529 CRESCENT AVE., 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. James Miller, attorney, made the presentation for the bill. He indicated this was the Morse Electric property. He indicated it has an existing building currently zoned light industrial, and the balance of the property is zoned "b ". He indicated they were requesting this rezoning in order to coordinate zoning to conform with property located to the west which is zoning "D" Light Industrial. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Voorde. The motion carried. BILL NO. 115 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: DINAN COURT, RUNNING WEST FROM ST. JOSEPH STREET APPROXIMATELY 165 FEET TO THE FIRST NORTH -SOUTH ALLEY WEST OF ST. JOSEPH STREET. ALSO, THE FIRST EAST -WEST ALLEY NORTH OF NAVARRE STREET FROM ST. JOSEPH STREET WEST APPROXIMATELY 165 FEET TO THE FIRST NORTH -SOUTH ALLEY WEST OF ST. JOSEPH STREET. ALSO, THE FIRST EAST -WEST ALLEY NORTH OF NAVARRE STREET FROM MICHIGAN STREET EAST APPROXIMATELY 165 FEET TO THE FIRST NORTH -SOUTH ALLEY WEST OF ST. JOSEPH STREET. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. David Behr, a representative of the Holladay Corp., made the presentation for the bill. He indicated they wanted to close this court in order to consolidate several parking lots into a unified parking area with access only from the north -south alley. He indicated the parking lot would be fenced and the street will remain the same and can be used as a driveway. Marilyn Sharpe, 213 E. Navarre, spoke against this vacation. Council Member Serge made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. BILL NO. 134 -87 A BILL AMENDING ORDINANCE NO. 5240 -70, CONCERNING THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND DEPARTMENT OF ECONOMIC DEVELOPMENT. 's, This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathleen Cekanski - Farrand, Council attorney, indicated the bill should be amended in the title by adding "and amending the Municipal Code by the addition of new section 2 -56 entitled South Bend Economic Development Commission "; and amend Section I by adding a new paragraph "The foregoing language shall be incorporated into the South Bend Municipal Code, Chapter 2, Article 5, as new Section 2 -56 entitled South Bend Economic Development Commission." Council Member Beck made a motion to accept the amendments, seconded by Council Member Barcome. The motion carried. Jon Hunt, Director of Economic Development made the presentation for the bill. He indicated recent actions by the federal government have severely restricted the use of IDBs as a local economic development tool. He indicated the State has expanded the the potential powers and duties of local Economic Development Commissions to acquire property, make loans, and conduct economic development studies in conjunction with the City's Department of Economic Development. He indicated this bill will expand the present three member commission to five members, and allow the Commission to exercise other statutory powers as granted by the State. Council Member Barcome made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Serge. The motion carried. BILL NO. 135 -87 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REGULATING CHARITABLE SOLICITATIONS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Carolyn Pfotenhauer, assistant City Attorney, indicated this bill amend the code in such a manner as to bring it into compliance with the current case law concerning charitable solicitations She indicated that cities may no longer specify the amount of solicitation proceeds that may be paid to a fund raiser as their fee, as well as specify that a percentage of charitable contributions generated by a professional fund raiser go to the charity. She indicated while these amendments are detrimental to the charitable solicitation process, the City's Legal Department has researched and notified us that our ordinance will not stand as it currently exists, and if the City is to have any enforcement ability the code must be amended. Council Member serge made a motion to recommend this bill to the Council favorably, seconded by Council Member Taylor. The motion carried. BILL NO. 136 -87 A BILL CREATING THE SOUTH BEND REDEVELOPMENT AUTHORITY. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathleen Cekanski - Farrand, Council attorney, indicated this bill should be amended in the title by adding "and amending the Municipal Code by the addition of new section 2 -57 entitled South Bend Redevelopment Authority "; and amend Section I "Chapter 2, Article 5 of the Municipal Code of the City of South Bend, Indiana, is hereby amended by the inclusion of new section 2 -57 which shall read in its entirety as follows: Sec. 2 -57 South Bend Redevelopment Authority." Council Member Beck made a motion to accept the amendments, seconded by Council Member Voorde. The motion carried. Jon Hunt, Director of Economic Development, made the presentation for the bill. he indicated this bill creates a Redevelopmetn Authority that will be used to finance and construct the parking garage at the corner of Wayne and St. Joseph streets. He indicated the Redevelopment Commission will then lease the garage from the Authority and those lease payments will be used to make payments on the bonds the Authority will issue to finance the garage. He indicated the Redevelopment Commission will use garage revenues, UDAG repayments and TIF revenues to make the lease payments. Joseph Guentert, 3510 Corby, indicated that Redevelopment had approved this ordinance on a day the County -City Building was closed. Council Member Beck made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Barcome. The motion carried. BILL NO. 137 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF VINE, RUNNING FROM THIRTY -FIRST STREET WEST TO THE INTERSECTING NORTH -SOUTH ALLEY, FOR A TOTAL DISTANCE OF 165' MORE OR LESS ALL BEING A PART OF EGGLESTON'S 1ST ADDITION WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Council Member Beck made a motion to strike this bill at the request of the petitioner, seconded by Council Member Barcome. The motion carried. BILL NO. 126 -87 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, FOR PROPERTY LOCATED AT 1406/1412 SOUTH BEND AVENUE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kevin Joyce, from Area Plan, gave the staff report, and indicated the Commission has sent this bill to the Council with no recommendation. Council Member Barcome indicated he was sponsoring this bill. He indicated the area is very deteriorated, and next door is "C" commercial. He indicated that Mr. Parisi does have a three way license, however, he only has a service bar in the restaurant. He indicated this is a small family type restaurant and would not generate any traffic problem. Kenneth Fedder, attorney, MR n_0�0 �I.71�+CCaLL 21.�LQI:fl�i:l`31: 4�tiS�II made the presentation for the bill. He indicated they were seeking this rezoning in order for a restaurant to the built on this site. He indicated this will be a 75 seat restaurant and it will not generate a traffic problem. He filed with the City Clerk, letters in favor of this rezoning from Arthur McElwee, A. E. J. McManus, Keith Corson, Rev. James Riehle, Wm. Starck, Judge John Montgomery, Digger Phelps, Michael Barnes, Dr. Thomas Pulin. Jack Powell, Powell Construction; Thomas Panzica; Charlie Howell, 1118 Dewey; David Wesolski, 56995 Oak Road; spoke in favor of this bill. Joe Guentert, 3510 Corby; Jim McCann, 1209 N. Garland; Shirley Watson, 1113 N. Twyckenham; spoke against this rezoning. Council Member Zakrzewski made a motion to amend Section I, by striking the period after area, and inserting "subject to the attached diagram entitled proposed restaurant., seconded by Council Member Puzzello. The motion failed. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Taylor. The motion carried on a roll call vote of seven ayes and two nays (Council Members Puzzello and Zakrzewski.) There being no further business to come before the Committee of the Whole, Council Member Beck made a motion to rise and report to the Council and recess, seconded by Council Member Barcome. The motion carried and the meeting was recessed at 7:30 p.m. ATTEST: ATTEST: azk"� - Cite /rw� ✓ i an REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:14 p.m. Council President Serge presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7840 -87 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 529 CRESCENT AVE., IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7841 -87 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: DINAN COURT, RUNNING WEST FROM ST. JOSEPH STREET APPROXIMATELY 165 FEET TO THE FIRST NORTH -SOUTH ALLEY WEST OF ST. JOSEPH STREET. ALSO, THE FIRST EAST -WEST ALLEY NORTH OF NAVARRE STREET FROM ST. JOSEPH STREET WEST APPROXIMATELY 165 FEET TO THE FIRST NORTH -SOUTH ALLEY WEST OF ST. JOSEPH STREET. ALSO, THE FIRST EAST -WEST ALLEY NORTH OF NAVARRE STREET FROM MICHIGAN STREET EAST APPROXIMATELY 165 FEET TO THE FIRST NORTH -SOUTH ALLEY WEST OF ST. JOSEPH STREET. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7842 -87 AN ORDINANCE AMENDING ORDINANCE NO. 5240 -70, CONCERN THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND DEPARTMENT OF ECONOMIC DEVELOPMENT AND AMENDING THE MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 2 -56 ENTITLED SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION. 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 Zakrzewski. The motion carried. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7843 -87 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REGULATING CHARITABLE SOLICITATIONS. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7844 -87 AN ORDINANCE CREATING THE SOUTH BEND REDEVELOPMENT AUTHORITY AND AMENDING THE MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 2 -57 ENTITLED SOUTH BEND REDEVELOPMENT AUTHORITY. �. ' a 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 Zakrzewski. The motion carried. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7845 -87 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, FOR PROPERTY LOCATED AT 1406/1412 SOUTH BEND AVENUE. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of seven ayes and two nays (Council Members Puzzello and Zakrzewski.) RESOLUTIONS Council Member Zakrzewski made a motion to have public hearing on Resolution No. 121 -87 at this time, seconded by Council Member Puzzello. The motion carried. RESOLUTION NO. 1564 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE BOARD OF PUBLIC WORKS TO ACT AS THE PUBLIC BODY WHICH ACKNOWLEDGES PUBLIC DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST INVOLVING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of South Bend, is a grantee of Community Development Block Grant Funds under Title I of the Housing and Community Development Act of 1974, as amended, and contracts with subgrantees for use of Community Development Block Grant Funds to better accomplish the goals of the Act; and WHEREAS, from time to time potential conflicts of interest involving employees and members of subgrantees arise with respect to the utilization of Community Development Block Grant Funds; and WHEREAS, Department of Housing and Urban Development Regulations permit transactions giving rise to potential conflicts of interest where the Department of Housing and Urban Development approves the waiver of its regulations governing conflicts of interest after proper public disclosure of the conflict; and WHEREAS, the Department of Housing and Urban Development now requires that proper public disclosure be made to the Common Council except where the Council has authorized another public agency to act on its behalf for purposes of acknowledging such disclosure; and WHEREAS, the Board of Public Works is the contracting authority for the City of South Bend and approves all contracts with subgrantees for use of the City's Community Development Block Grant funds. NOW THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana as follows: SECTION I. The Common Council hereby delegates to the Board of Public Works the authority to acknowledge public disclosure of potential conflicts of interest and to approve a transaction which presents a potential conflict of interest, contingent on a waiver by the Department of Housing and Urban Development of its regulatory prohibition against such conflict. SECTION II. reviewed by the Board resolution acknowledg potential conflict of to request a conflict Development. For each potential conflict to come before and be favorably of Public Works, the Board of Public Works shall pass a Lng the disclosure, approving the transaction which creates interest and authorizing the Director of Economic Development of interest waiver from the Department of Housing and Urban SECTION III. The Board of Public Works shall submit to the Common Council a copy of any such resolution. 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. Jon Hunt, Director of Economic Development, indicated this resolution will appoint the Board of Public Works as the public body for disclosure of conflicts of interest regarding Community Development Block Grant funds. He indicated passage of this resolution will satisfy new HUD requirements. Council Member Beck made a motion to adopt this resolution, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. HE .i NJ 7. ii- -og Ni.i i`T' ., RESOLUTION NO. 1565 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS SOUTHWEST CORNER OF BENDIX DRIVE AND SUGAR MAPLE LANE 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 Southwest Corner of Bendix Drive and Sugar Maple Lane , South Bend, Indiana, and which is more particularly described as follows: Approximately 1.25 Acre Tract of Land in the Northeast Quarter of Section 28 Township 38 North Range 2 East, City of South Bend, St. Joseph County, Indiana, approximately 170' x 321' be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code section 2 -76; 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 the Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code Section 2 -76, 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. That the Common Council hereby determines and finds that the estimate of the number of individuals that will be employed or whose employment will be retained and the estimate of value of the redevelopment or rehabilitation and any other benefits about which the body designating the economic revitalization area requires information are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation. SECTION II. That the Common Council hereby determines and finds the following: (A) If the proposed redevelopment or rehabilitation does not occur, the approximate current year tax rate for the City would be 15.0781; (B) If the proposed redevelopment or rehabilitation does occur and no deduction is granted, the approximate current year tax rate for the City would be 15.0767. (C) If the proposed redevelopment or rehabilitation occurs, the deduction is granted, and a deduction percentage of fifty percent (500) is assumed, the approximate current year tax rate for the City would be 15.0774. SECTION III. That the Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the statement of benefits set forth as sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and that the statement of benefits is sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. 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 V. That 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. That the Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three years. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Keith Krueger, a representative of Tru- Green, Inc., indicated they planned to build an office /warehouse facility for their business, which is landscape maintenance consisting of fertilization, weed, insect and disease control. He indicated the project will create 60 -70 new jobs, and maintain 25 existing full time jobs and 20 existing part time jobs. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. Council Member Taylor made a motion to combine public hearing on resolutions 87 -106 and 109, seconded by Council Member Beck. The motion carried. RESOLUTION NO. 1566 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS MONROE PARK DISPOSITION PARCEL NO. M2 -8 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 Monroe Park Disposition Parcel No. M2 -8, South Bend, Indiana, and which is more particularly described as follows: A parcel of land being Lots 5, 6, 7 and 8, and the East half of a vacated 11- foot -wide alley lying West of and adjacent to said Lots 6, 7, 8, all in Moses Stern's Subdivision of parts of Lots 19 and 20, Denniston and Fellows Addition, South Bend, Indiana, and being more particularly described as follows, viz: Beginning at a point on the West right -of -way line of Fellows Street (60 feet wide), said point being South 00- 02120" East a measured distance of 147.65 feet from the intersection of said West line with the South Right -of -way line of Monroe Street (82.5 feet wide), said point being the Northeast corner of Lot 5 in said Moses Stern's Subdivision; thence South 00- 01120" East, along the West line of said Fellows Street, being also the East line of Lots 5, 6, 7 and 8 in said subdivision, a measured distance of 117.52 feet to the Southeast corner of said Lot 8; thence North 890- 55' -40" West, along the South line of said Lot 8 and said South line projected, a measured distance of 137.28 feet to the centerline of an 11- foot -wide alley; thence North 00- 02' -49" East, along said centerline and 5.50 feet West of the West line of said Lots 8, 7, and 6, a measured distance of 85.37 feet to the North line of said Lot 6, projected West; thence South 890- 55' -56" East, along said projected line, a distance of 5.50 feet to the Northwest corner of said Lot 6; thence North 00- 02' -49" East, along a West line of said Lot 5, a measured distance of 10.04 feet to a Northwesterly corner of said Lot 5; thence South 890- 57' -42" East, along a North line of said Lot 5, thence South 890- 57' -42" East along a North line of said Lot 5, a measured distance of 19.35 feet; thence North 00- 02' -16" West, along a West line of said Lot 5, a measured distance of 22.10 feet to a Northwesterly corner of said Lot 5; thence South 890- 55' -38" East, along the most Northerly line of said Lot 5, a measured distance 112.29 feet to the point of beginning. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code section 2 -76; 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 the Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code Section 2 -76, 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. That the Common Council hereby determines and finds that the estimate of the number of individuals that will be employed or whose employment will be retained and the estimate of value of the redevelopment or rehabilitation and any other benefits about which the body designating the economic revitalization area requires information are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation. SECTION II. That the Common Council hereby determines and finds the following: (A) If the proposed redevelopment or rehabilitation does not occur, the approximate current year tax rate for the City would be 15.0781; (B) If the proposed redevelopment or rehabilitation does occur and no deduction is granted, the approximate current year tax rate for the City would be 15.0707. (C) If the proposed redevelopment or rehabilitation occurs, the deduction is granted, and a deduction percentage of fifty percent (500) is assumed, the approximate current year tax rate for the City would be 15.0744. SECTION III. That the Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the statement of benefits set forth as sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and that the statement of benefits is sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. 0 SECTION IV. 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 V. That 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. That the Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six years. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Joseph T. Serge Member of the Common Council RESOLUTION NO. 1567 -87 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS MONROE PARK DISPOSITION PARCEL NO. M2 -8, 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 the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Monroe Park Disposition Parcel No. M2 -8, and which is more particularly described as follows: A parcel of land being Lots 5, 6, 7 and 8, and the East half of a vacated 11- foot -wide alley lying West of and adjacent to said Lots 6, 7, 8, all in Moses Stern's Subdivision of parts of Lots 19 and 20, Denniston and Fellows Addition, South Bend, Indiana, and being more particularly described as follows, viz: Beginning at a point on the West right -of -way line of Fellows Street (60 feet wide), said point being South 01- 02120" East a measured distance of 147.65 feet from the intersection of said West line with the South Right -of -way line of Monroe Street (82.5 feet wide), said point being the Northeast corner of Lot 5 in said Moses Stern's Subdivision; thence South 00- 01120" East, along the West line of said Fellows Street, being also the East line of Lots 5, 6, 7 and 8 in said subdivision, a measured distance of 117.52 feet to the Southeast corner of said Lot 8; thence North 890- 55' -40" West, along the South line of said Lot 8 and said South line projected, a measured distance of 137.28 feet to the centerline of an 11- foot -wide alley; thence North 00- 02' -49" East, along said centerline and 5.50 feet West of the West line of said Lots 8, 7, and 6, a measured distance of 85.37 feet to the North line of said Lot 6, projected West; thence South 890- 55' -56" East, along said projected line, a distance of 5.50 feet to the Northwest corner of said Lot 6; thence North 00- 02' -49" East, along a West line of said Lot 5, a measured distance of 10.04 feet to a Northwesterly corner of said Lot 5; thence South 890- 57' -42" East, along a North line of said Lot 5, thence South 890- 57' -42" East along a North line of said Lot 5, a measured distance of 19.35 feet; thence North 00- 02' -16" West, along a West line of said Lot 5, a measured distance of 22.10 feet to a Northwesterly corner of said Lot 5; thence South 890- 55' -38" East, along the most Northerly line of said Lot 5, a measured distance 112.29 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 two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. 222 : -- .: SECTION II. That the Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of six (6) years. 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 A public hearing was held on the resolution at this time. Kathleen ' Cekanski- Farrand, Council attorney, indicated River Glen Associates, a partnership of Panzica Architects and Construction, planned to build a tenant office building on this site. He indicated they planned to construct a three level office structure for speculative lease to multiple tenants. Council Member Zakrzewski made a motion to adopt Resolution No. 1566 -87, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 1567 -87, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. Council Member Beck made a motion to combine public hearing on 87 -107 and 110, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 1568 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 220 WEST ECKMAN 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 220 West Eckman, South Bend, Indiana, and which is more particularly described as follows: Real Estate in St. Joseph County, in the State of Indiana, described as follows: ' A tract of land located in the Northwest Quarter of Section 24, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, and described as follows: Beginning at an iron pipe at the Southwest corner of the Northwest Quarter of said Section 24; thence North 00000'00" East (all bearings assumed) along the West line of the said Quarter Section, 1136.35 feet to a 4" fence post, said point being at the South Right of Way of Eckman Street (50' Right of Way); thence North 88048143" East along the said Right of Way line of Eckman Street 343.75 feet to a point identified by a cross cut in concrete, said point being on the Right of Way line of Pennsylvania System Vandalia Rail Road Company (99' Right of Way); thence Southwesterly along the said Rail Road Right of Way 1174.85 feet measured on a curve to the right having a radius of 5682.44 feet, subtended by a chord having a bearing of South 13008102" West and a chord length of 1172.80 feet; thence South 88059132" West, 77.20 feet to the Point of Beginning and containing 6.035 acres more or less. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq. and South Bend Municipal Code section 2 -76; 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 section 2 -76, 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. That the Common Council hereby determines and finds that the estimate of the number of individuals that will be employed or whose employment will be retained and the estimate of the annual salaries of these individuals and the estimate of the value of the redevelopment or rehabilitation of the other benefits about which the Common Council has obtained information are benefits that can be reasonably expected to result from the installation of the new manufacturing equipment. SECTION II. That the Common Council hereby determines and finds the following: (A) If the proposed new manufacturing equipment is not installed, the approximate current year tax rate for the City would be $15.0781; -1 (B) If the proposed new manufacturing equipment is not installed and deduction is granted, the approximate current year tax rate for the City would be $15.0740; (C) If the proposed new manufacturing equipment is installed, the deduction is granted, and a deduction percentage of eighty percent (80 %) is assumed, the approximate current year tax for the City would be $15.0773; SECTION III. That 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 sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and the statement of benefits is sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -4.5 of the Indiana Code. SECTION IV. 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 Development area for purpose of personal property tax abatement and hereby makes such a designation. SECTION V. That the Common Council determines that such designation is for personal property tax abatement only and shall be limited to five calendar years from the date of the adoption of this resolution by the Common Council. SECTION VI. 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 VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Joseph T. Serge Member of the Common Council RESOLUTION NO. 1569 -87 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 220 WEST ECKMAN, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL 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 the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 220 West Eckman, and which is more particularly described as follows: Real Estate in St. Joseph County, in the State of Indiana, described as follows: A tract of land located in the Northwest Quarter of Section 24, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, and described as follows: Beginning at an iron pipe at the Southwest corner of the Northwest Quarter of said Section 24; thence North 00000100" East (all bearings assumed) along the West line of the said Quarter Section, 1136.35 feet to a 4" fence post, said point being at the South Right of Way of Eckman Street (50' Right of Way); thence North 88048143" East along the said Right of Way line of Eckman Street 343.75 feet to a point identified by a cross cut in concrete, said point being on the Right of Way line of Pennsylvania System Vandalia Rail Road Company (99' Right of Way); thence Southwesterly along the said Rail Road Right of Way 1174.85 feet measured on a curve to the right having a radius of 5682.44 feet, subtended by a chord having a bearing of South 13008102" West and a chord length of 1172.80 feet; thence South 88059132" West, 77.20 feet to the Point of Beginning and containing 6.035 acres more or less. 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 personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. M SECTION II. That the Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years. 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 A public hearing was held on the resolution at this time. Kathleen Cekanski- Farrand, Council attorney, indicated that Sibley's intended to increase the capacity at the foundry in order to enable them to produce more intricate and complex products. She indicated this expansion was a vital component to the Company's survival in an increasing competitive environment. She indicated sixty to seventy -five new jobs will be created. Council Member Beck made a motion to adopt Resolution No. 1568 -87, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. Council Member Beck made a motion to adopt Resolution No. 1569 -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 combine public hearing on the next two resolutions, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 1570 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 220 W. COLFAX 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 220 W. Colfax, South Bend, Indiana, and which is more particularly described as follows: Parcel I: Lots Numbered One (1), Two (2), Seven (7), Eight (8), and the East one -third (1/3) of Lot Number Four (4) as shown on the recorded plat of J. C. Knoblock's Subdivision of Lots Numbered 245 and 246 in the Original Plat of the Town, now City, of South Bend, Indiana, recorded in Plat Book 8, page 15 in the Office of the Recorder of St. Joseph County, Indiana. EXCEPTING from said Lot Number Two (2) the following: A strip of land bounded by a line described as beginning at the Northwest corner of Lot 2 in Subdivision of Lots 245 and 246 in the original plat of South Bend, Indiana, thence running easterly on the North line of said Lot 2 a distance of 31.65 feet to a point that is 0.50 feet east of the east end of the existing Party Wall; thence south a distance of 1.25 feet; thence westerly parallel with the North line of said Lot 2 to a point on the West line thereof, said point being 1.25 feet south of the point of beginning; thence North on the West line of Lot 2 along the west end of said Party Wall to the place of beginning; said exception being the real estate described in that certain Quit -Claim Deed dated March 21, 1986, and recorded as Instrument 8606081 in the Office of Recorder, St. Joseph County, Indiana. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code section 2 -76; 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 the Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code Section 2 -76, 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. That the Common Council hereby determines and finds that the estimate of the number of individuals that will be employed or whose employment will be retained and the estimate of value of the redevelopment or rehabilitation and any other benefits about which the body designating the economic revitalization area requires information are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation. SECTION II. That the Common Council hereby determines and finds the following: 225 P1 1. 1 � (A) If the proposed redevelopment or rehabilitation does not occur, the approximate current year tax rate for the City would be 15.0781; (B) If the proposed redevelopment or rehabilitation does occur and no deduction is granted, the approximate current year tax rate for the City would be 15.0767. (C) If the proposed redevelopment or rehabilitation occurs, the deduction is granted, and a deduction percentage of fifty percent (50 %) is assumed, the approximate current year tax rate for the City would be 15.0774. SECTION III. That the Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the statement of benefits set forth as sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and that the statement of benefits is sufficient to justify the deduction granted under Section 6- 1.1- 12.1 -3 of the Indiana Code. SECTION IV. 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 V. That 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. That the Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three years. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Joseph T. Serge Member of the Common Council RESOLUTION NO. 1571 -87 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 220 W. COLFAX, 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 the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 220 W. Colfax, and which is more particularly described as follows: Parcel I: Lots Numbered One (1), Two (2), Seven (7), Eight (8), and the East one -third (1/3) of Lot Number Four (4) as shown on the recorded plat of J. C. Knoblock's Subdivision of Lots Numbered 245 and 246 in the Original Plat of the Town, now City, of South Bend, Indiana, recorded in Plat Book 8, page 15 in the Office of the Recorder of St. Joseph County, Indiana. EXCEPTING from said Lot Number Two (2) the following: A strip of land bounded by a line described as beginning at the Northwest corner of Lot 2 in Subdivision of Lots 245 and 246 in the original plat of South Bend, Indiana, thence running easterly on the North line of said Lot 2 a distance of 31.65 feet to a point that is 0.50 feet east of the east end of the existing Party Wall; thence south a distance of 1.25 feet; thence westerly parallel with the North line of said Lot 2 to a point on the West line thereof, said point being 1.25 feet south of the point of beginning; thence North on the West line of Lot 2 along the west end of said Party Wall to the place of beginning; said exception being the real estate described in that certain Quit -Claim Deed dated March 21, 1986, and recorded as Instrument 8606081 in the Office of Recorder, St. Joseph County, Indiana. 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: em Sam 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 two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. That the Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of ten (10) years. SECTION III. The petitioner has met with the Design Review Committee and has agreed to comply with the requirement of designating 75% of the first floor of the project for retail use. Said condition is hereby made a part of this abatement. 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. Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Kathleen Cekanski - Farrand, Council attorney, indicated they planned to renovate the old I &M Building and lease office space to third party tenants. He indicated they were requesting a ten year abatement as the building is located in the Central Business District or South Bend Development Area, has been entered on the National Register of Historic Places and is subject to the terms and provisions of the National Historic Preservation Act, and at least 75% of the net leasable space on the first floor of the project is to be leased to retail businesses. Council Member Zakrzewski made a motion to adopt Resolution No. 1570 -87, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. Council Member Taylor made a motion to adopt Resolution No. 1571 -87, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1572 -87 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 228 -230 S. MICHIGAN, 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 the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 228 -230 S. Michigan, and which is more particularly described as follows: A part of Lots Numbered 53 and 54 as shown on the original Plat of the town, now City of South Bend, which part is bounded by a line running as follows, viz: beginning at a point 55 feet North of the Southwest corner of said Lot No. 53; thence running North 44 feet; thence East 90 feet; thence South 44 feet; thence West 90 feet to the place of beginning. Together with the right to use in common with the owner adjoining on the East and West, a private alley 9 feet wide adjoining the above described property on the East, extending from Wayne Street North to the center line of said lot No. 54. Together with all Party walls and stairways appurtenant thereto. 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 two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. That the Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of six (6) years. 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. A public hearing was held Cekanski- Farrand, Council of the building to its or condition of the building interest. Council Member by Council Member Taylor. /s/ Joseph T. Serge Member of the Common Council on the resolution at this time. Kathleen attorney, indicated they planned to restore the exterior Lginal appearance to improve the appearance and structural and encourage downtown customer interest and rental Barcome made a motion to adopt this resolution, seconded The motion carried. RESOLUTION NO. 1573 -87 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 635 S. LAFAYETTE, 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 the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 635 S. Lafayette, and which is more particularly described as follows: The land referred to is located in the County of St. Joseph, State of Indiana, and described as follows: A part of the Southeast Quarter (1/4) of Section Eleven (11), and part of the Southwest Quarter (1/4) of Section Twelve (12), all in Township Thirty -seven (37) North, Range Two (2) East of the 2nd P.M., more particularly described as follows: Beginning at the Northeast corner of Tract No. 3 of the Studebaker Corp. Replat, as recorded in Plat Book 11, page 184, in the office of the Recorder of St. Joseph County, Indiana; thence South 00012110 East along the East line of said Tract No. 3 (being also the West line of Lafayette Boulevard) a distance of 690.31 feet to a point; thence South 89042154" West a distance of 598.92 feet to a point; thence North 00040102" West a distance of 286.76 feet to a point; thence North 89036107" West a distance of 66.16 feet to a point; thence North 00012'30" West a distance of 120.87 feet to a point; thence North 24046130" West a distance of 91.77 feet to a point; thence North 89029114" West a distance of 97.00 feet to a point; thence North 00030146" East a distance of 84.60 feet to a point; thence North 89029114" West a distance of 0.67 feet to a point; thence North 00030146" East a distance of 20.30 feet to a point; thence North 89029114" West a distance of 6.40 feet to a point; thence North 00030146" East a distance of 102.64 feet to the North line of Tract No. 3 as aforesaid; thence South 89032100" East along said North line of said Tract No. 3 (being also the South line of the New York Central Railroad right of way), a distance of 807.09 feet to the point of beginning. ALSO, a non - exclusive perpetual easement for vehicular and pedestrian ingress and egress in, upon and over the following described real estate: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, more particularly described as follows: Commencing at the Northeast corner of Tract No. 3 of the Studebaker Corporation Replat as recorded in Plat Book 11, page 184, in the Office of the Recorder of St. Joseph County, Indiana; thence South 00012110" East a distance of 690.31 feet to a point; thence South 89042154" West a distance of 646.47 feet to the point of beginning; thence continuing South 89042154" West a distance of 30.03 feet to a point; thence South 02006130" West a distance of 268.30 feet to a point; thence South 04039123" West a distance of 169.34 feet to a point; thence South 06001108" West a distance of 123.28 feet to a point; thence South 00016'04" West a distance of 35.06 feet to a point on the North line of Sample Street, said North line being also the Southerly line of said Tract No. 3 of the Studebaker Corporation Replat; thence South 89051'46" East along said North line of Sample Street a distance of 30.00 feet to a point; thence North 00016104" East a distance of 33.42 feet to a point; thence North 06001108" East a distance of 122.15 feet to a point; thence North 04039'23" East a distance of 170.38 feet to a point; thence North 02006'30" East a distance of 270.24 feet to the point of beginning. (all bearings assumed). ALSO, a non - exclusive perpetual easement for storm and sanitary sewer drainage purposes in, upon and over the following described real estate: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, more particularly described as follows: Beginning at a point on the Westerly line of Tract No. 3 of the Studebaker Corporation's Replat as recorded in Plat Book 11, page 184, in the Office of the Recorder of St. Joseph County, Indiana, 379.03 feet Northerly of the Southwest corner thereof (as measured along said Westerly line of said Tract No. 3); thence RM South 89008'27" East a distance of 184.28 feet to a point; thence South 88042125" East a distance of 759.39 feet to a point; thence North 00017'06" West a distance of 282.10 feet to a point; thence North 89042154" East a distance of 20.00 feet to a point; thence South 00017106" east a distance of 302.66 feet to a point; thence North 88042125" West a distance of 779.88 feet to a point; thence North 89008127 "West a distance of 195.13 feet to the Westerly line of Tract No. 3 as aforesaid; thence North 29030157" East along said Westerly line of Tract No. 3 a distance of 22.79 feet to the point of beginning. (all bearings assumed). ALSO, a non - exclusive easement for a roadway for ingress and egress and to maintain railroad service to lands and buildings of Grantor and Grantee, their successors and assigns, reserved to Wood Brothers, Inc. in the Warranty Deed to South Bend Warehouse Corporation recorded in Deed Record 697, page 125, described as follows: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East of the 2nd P.M., more particularly described as follows: Beginning at the Northwest corner of Tract No. 3 of the Studebaker Corporation Replat, as recorded in Plat Book 11, page 184, in the Office of the Recorder of St. Joseph County, Indiana; thence South 29030157" East along the Easterly line of Prairie Avenue, a distance of 179.51 feet for a point of beginning; thence South 60029103" East a distance of 64.34 feet to a point on a curve convex to Northwest and having a radius of 346.30 feet and a central angle of 28011120 "; thence Northeasterly along said curve an arc distance of 170.38 feet to a point; thence South 89029114" East a distance of 85.40 feet to a point; thence South 00030146" West a distance of 5.00 feet to a point; thence South 89029114" East a distance of 13.40 feet to a point; thence North 00030146" East a distance of 5.00 feet to a point; thence South 89029114" East a distance of 27.50 feet to a point; thence South 00030146" West a distance of 63.00 feet to a point; thence North 89029'14" West a distance of 242.65 feet to a point on a curve convex to the Northwest and having a radius of 308.50 feet and a central angle of 22024119 "; thence Southwesterly along said curve an arc distance of 120.64 feet to the point of a compound curvature with a curve convex to the Northwest and having a radius of 985.00 feet and a central angle of 15014157 "; thence Southwesterly along said last described curve an arc distance of 262.16 feet to the point of tangency of said curve; thence South 29030157" West a distance of 256.39 feet to a point; thence South 89042154" West a distance of 30.23 feet to the Easterly line of Prairie Avenue; thence North 29030157" East a distance of 632.00 feet to the point of beginning. ALSO, a non - exclusive easement for a roadway for ingress and egress reserved to the Grantor, Wood Brothers, Inc. in the Warranty Deed to South Bend Warehouse Corporation in Deed Record 697, page 126, described as follows: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, of the 2nd P.M., more particularly described as follows: Beginning at the Northwest corner of Tract No. 3 of the Studebaker Corporation Replat as recorded in Plat Book 11, page 184, in the Office of the Recorder of St. Joseph County, Indiana; thence South 89032100" East a distance of 251.33 feet to a point; thence South 00030'46" West a distance of 102.64 feet; thence South 89029114" East a distance of 6.40 feet to a point; thence South 00030146" West a distance of 20.30 feet to a point; thence South 89029114" East a distance of 0.67 feet to a point; thence South 00030146" East a distance of 84.60 feet to a point; thence South 89029'14" East a distance of 97.00 feet for a point of beginning; thence South 24046'30" East a distance of 91.77 feet to a point; thence South 00012130" East a distance of 120.87 feet to a point; thence North 89036107" West a distance of 31.95 feet to a point; thence North 00012130" West a distance of 120.53 feet to a point; thence North 24046130" West a distance of 92.22 feet to a point; thence South 89029114" East a distance of 32.14 feet to the point of beginning. ALSO, a non - exclusive easement to maintain on the surface and underground storage of fuel oil reserved to the Grantor, Wood Brothers, Inc., in a Warranty Deed to South Bend Warehouse Corporation recorded in Deed Record 697, page 126, described as follows: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East of the 2nd P.M., more particularly described as follows: Beginning at the Northwest corner of Tract No. 3 of the Studebaker Corporation Replat, as recorded in Plat Book 11, page 184, in the office of the Recorder of St. Joseph County, Indiana; thence South 89032100" East a distance of 251.33 feet to a point thence South 00030'46" West a distance of 102.64 feet to a point; thence South 89029114" East a distance of 640 feet to a point; thence South 00030146" West a distance of 20.30 feet to a point; thence South 89029114" East a distance of 0.67 feet to a point; thence South 00030146" West a distance of 84.60 feet for a point of beginning; thence South 89029114" East a distance of 15.00 feet to a point; thence South 00030'46" West a distance of 46.00 feet to a point; thence North 89029'14" West a distance of 48.00 feet to a point; thence North 00030146" East a distance of 15.00 feet to a point; thence South 89029114" East a distance of 33.00 feet to a point; thence North 00030146" East a distance of 31.00 feet to the point of beginning. as an Economic Revitalization Area; and 229 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 two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. That the Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of six (6) years. 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 A public hearing was held on the resolution at this time. Kathleen Cekanski - Farrand, Council attorney, indicated they planned to operate a public warehouse. She indicated four new jobs will be created. Council Member Braboy made a motion to adopt this resolution, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1574 -87 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 716 NORTH NILES AVE., 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 the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 716 N. Niles Ave, and which is more particularly described as follows: A parcel of land being a part of the North half of the South half of Section One, Township 37 North, Range 2 East, South Bend, St. Joseph County, Indiana and being more particularly described as follows, viz: Beginning at a point on the South line of Corby Street, South 890 48' 40" West 120.00 feet from the West line of a fourteen (14) foot alley on the West side of Cedar heights Addition to the City of South Bend, Indiana, thence continuing along said South line of Corby Street, South 890 48' 40" West, 258.66 feet; thence South 160 17' 47" West 141.77 feet; thence South 640 53' 57" West, 200.00 feet to the Easterly line of Niles Avenue; thence South 250 06' 03" East, parallel with said Easterly line of Niles Avenue 20.00 feet; thence North 710 52' 29" East 250.00 feet thence North 00 31' 18" West 170.00 feet, thence South 890 48' 40" West parallel with Southerly line of Corby Street, 120 feet thence North 00 31' 18" West parallel with said West line of fourteen (14) alley 150.00 feet to the point of beginning. Subject to legal Highways. 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: RIX RESOLUTION NO. 1574 -87 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 716 NORTH NILES AVE., 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 the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 716 N. Niles Ave, and which is more particularly described as follows: A parcel of land being a part of the North half of the South half of Section One, Township 37 North, Range 2 East, South Bend, St. Joseph County, Indiana and being more particularly described as follows, viz: Beginning at a point on the South line of Corby Street, South 890 48' 40" West 120.00 feet from the West line of a fourteen (14) foot alley on the West side of Cedar heights Addition to the City of South Bend, Indiana, thence continuing along said South line of Corby Street, South 890 48' 40" West, 258.66 feet; thence South 160 17' 47" West 141.77 feet; thence South 640 53' 57" West, 200.00 feet to the Easterly line of Niles Avenue; thence South 250 06' 03" East, parallel with said Easterly line of Niles Avenue 20.00 feet; thence North 710 52' 29" East 250.00 feet thence North 00 31' 18" West 170.00 feet, thence South 890 48' 40" West parallel with Southerly line of Corby Street, 120 feet thence North 00 31' 18" West parallel with said West line of fourteen (14) alley 150.00 feet to the point of beginning. Subject to legal Highways. 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 two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. That the Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of six (6) years. SECTION III. The petitioner has met with the Design Review Committee and has agreed to comply with the requirements of designating 75% of the first floor of the project to retail use. Said condition is hereby made a part of this abatement. 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. Kathleen Cekanski - Farrand, Council attorney, indicated they planned to build an 80 unit East Race Inn Hotel on the site of the former Morse Electric Property. She indicated this will be a long -term stay hotel facility and will be creating a number of new jobs. She indicated the project will be a mixed use with retail use of the hotel dominating and an estimated 10 percent of the total space devoted to office uses. 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. RESOLUTION NO. 1575 -87 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 902 -910 E. IRELAND ROAD, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. mi 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 the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 902 -910 E. Ireland Road, and which is more particularly described as follows: PARCEL I: Beginning at a point on the North line of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, 836.3 feet West of the Northeast corner of said Southeast quarter; thence South 230.45 feet parallel with the East line of the Southeast Quarter (East line of Section ); thence West 100 feet parallel with the said North line of the said Southeast Quarter; thence North 230.45 feet parallel with the East line of the said Southeast Quarter to the North line of the said Southeast Quarter; thence East 100 feet along the said North line to the place of beginning. PARCEL II: Part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, beginning at a point 690.3 feet West of the Northeast corner of said Southeast Quarter; thence South 230.45 feet; thence West 146 feet to true point of beginning of the land herein described; thence North 65 feet; thence East 57.67 feet; thence South 7 feet; thence East 7.33 feet; thence South 58 feet; thence West 65 feet to beginning. PARCEL III: Part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, situate in Centre Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Beginning at a masonry nail in the pavement on the North line of the South Quarter of said Section 25, said point being 936.3 feet West of an iron pin monumenting the Northeast corner of the Southeast Quarter of said Section 25; thence Westwardly along the North line of the Southeast Quarter of said Section 25 a distance of 18 feet to a point; thence Southwardly with a deflection angle of 88 degrees 38 minutes 50 seconds to the left, and parallel with the East line of the Southeast Quarter of said Section 25, a distance of 556.45 feet to an iron stake; thence Eastwardly parallel with the North line of the Southeast Quarter of said Section 25, a distance of 114 feet to an iron stake; thence Northwardly parallel with the East line of the Southeast Quarter of said Section 25, a distance of 326 feet to a point; thence Westwardly parallel with the North line of the Southeast Quarter of said Section 25, a distance of 96 feet to a point; thence Northwardly parallel with the East line of the southeast Quarter of said Section 25, a distance of 230.45 feet to the place of beginning of this description. Beginning at a point on the North line of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, 690.3 feet West of the Northeast Corner of said Southeast Quarter; thence South 230.45 feet parallel with the East line of the said Southeast Quarter (East line of the said Southeast Quarter (East line of Section ); thence West 81 feet parallel with the said North line of the said Southeast Quarter; thence North 65 feet parallel with the East line of the said Southeast Quarter; thence North 175.45 feet parallel with the East line of the said Southeast Quarter; thence East 146 feet to the place of beginning EXCEPTING THEREFROM a parcel of land described as beginning at the Northeast corner of the Southeast Quarter of said Section 25; thence West 836.3 feet along the North line of said Southeast Quarter Section; thence South 165.45 feet to the point of beginning of the land herein described; thence continuing South a distance of 10 feet; thence East 65 feet; thence North 3 feet; thence West 7.22 feet; thence North 7 feet; thence West 57.67 feet to the point of beginning. Subject to: the lien of current real estate taxes not delinquent, all covenants, encumbrances, easements and restrictions of record and all tenants - rights. A parcel of land being a part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, City of South Bend Centre Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at a point on the East line of said Southeast Quarter that is 350.00 feet South 0- 00100" East of the Northeast corner thereof; thence South 0- 00'00" East, along said East line, a distance of 206.45 feet; thence South 88- 38'50" West, parallel with the North line of said Southeast Quarter, a distance of 420.00 feet; thence South 0- 00'00" East, parallel with said East line, a distance of 173.27 feet to the Northerly right -of -way line of Bowen Street, a 60 foot right -of -way; thence Westerly along said Northerly right -of -way line, a distance of 48 feet more or less to its intersection with the Northerly projection of the West line of a parcel of land conveyed to St. Joseph Bank and Trust company by warranty deed recorded in Deed Record 805, page 394 et seq. in the office of the Recorder of St. Joseph County, Indiana; thence Southerly, along said West line a distance of 174.62 feet, more or less, to the Southwest corner of said St. Joseph Bank and Trust Company parcel of land; thence Easterly, a distance of 23 feet to the Northwest corner of a parcel of land conveyed to Franchise Realty Corporation by Warranty Deed recorded in Deed Record 804, Page 280 in said Recorder's office; thence South 0- 00100" East, parallel with the said East line of said Southeast Quarter and along the West line of said parcel, a distance of 173.72 feet to the North line of Widener's Addition an Unrecorded Subdivision; thence South 88- 37138" West along said North line and the North line of Harold C. Widener's First Addition, Unit "A" to the SM Southeast corner of a parcel of land conveyed to Lester Sumrall Evangelistic Association, Inc, by Warranty Deed recorded as instrument number 8010363 in said Recorder's office; thence North 0- 00100" East, along the East line of said property, a distance of 461.9 feet to a corner thereof; thence North 88- 38'50" East, along a Southerly line of said Sumrall property, a distance of 371.04 feet to a point on the East right -of -way line of high Street, a 60 foot right -of -way; thence North 0- 00'00" East, along said East right -of -way line, to the South line of a parcel of land conveyed to Slenderform /Universal Health Spas, Inc. by Warranty Deed recorded as instrument number 7810741 in said Recorder's office; thence Easterly, along the Southline of said parcel to the Southeast corner thereof; thence Northerly along the East line of said parcel, a distance of 174.55 feet to its intersection with the Westerly projection of the South line of a parcel of land known as "Parcel 1" conveyed to Standard Federal Savings and Loan Association by Sheriff's Deed recorded as instrument number 8406566 in said Recorder's office; thence Easterly, parallel with the North line of said Quarter Section to a point on the West line of property conveyed to Indiana Bell Telephone Company, Inc. by Warranty Deed recorded in Deed Record 629, page 412 in Said Recorder's office; thence Southerly, parallel with the East line of Said Quarter Section, a distance of 119.55 feet to the Southwest corner of said parcel; thence Easterly along the South line of said parcel and its Easterly projection, a distance of 450.00 feet to the place of beginning. be designated as an Economic Revitalization Area under the provision of Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code Section 2 -76; and 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 two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. That the Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of three (3) years. 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 A public hearing was held on the resolution at this time. Kathleen Cekanski - Farrand, Council attorney, indicated this abatement was Erskine Plaza Associates. She indicated they planned to construct a 168,000 square foot facility, as well as renovate Ireland Village. She indicated 132 new jobs will be created, 60 full -time and 60 part -time jobs will be retained. She indicated they were asking for a three year abatement. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1576 -87. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3502 W. MCGILL STREET, 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 the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3502 W. McGill, and which is more particularly described as follows: A part of the northeast quarter of section 28, township 38 north, range 2 east, City of South Bend, St. Joseph County, Indiana, described as follows: ci,,._ Commencing at the northeast corner of said section 28; thence south 89 degrees 48105" west (the bearing of the south line of the southeast quarter of section 28 is assumed north 90 degrees 00'00" west) a distance of 1305 feet along the north boundary of said northeast quarter to the centerline intersection of Cleveland Road and Kenmore Street; thence south 00 degrees 00'23" west a distance of 363.70 feet to a cross cut in the pavement thence south 09 degrees 59137" east a distance of 531.87 feet to a cross cut in the centerline of Kenmore Street; thence south 80 degrees 00123" west a distance of 40.00 feet to a 1/2" iron rebar; and being the point of beginning; thence south 09 degrees 59137" east along the west boundary of the Kenmore Street right -of -way a distance of 193.65 feet to a 1/2" iron rebar; thence southerly along said west boundary 213.72 feet along an arc to the right having a radius of 1869.86 feet and subtended by a long chord having a bearing of south 06 degrees 43'10" east and a length of 213.60 feet to a 1/2" iron rebar; thence north 89 degrees 59 "37" west a distance of 244.44 feet to a 1/2" iron rebar; thence north 00 degrees 00123" east a distance of 382.35 feet to the south boundary of the McGill Street right of way a 1/2" iron rebar; thence easterly along said south boundary of McGill Street right of way 90.16 feet along an arc to the left having a radius of 1944.86 feet and subtended by a long chord having a bearing of north 81 degrees 20.03" east and a length of 90.15 feet to a 1/2" iron rebar; then continuing along said boundary north 80 degrees 00'23" east a distance of 86.41 feet to a 1/2" rebar; thence south 54 degrees 59134" east a distance of 14.14 feet to the point of beginning and containing 2.000 acres more or less, and is subject to easements, restrictions and or limitations of record. 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 two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. That the Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of six (6) years. 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 A public hearing was held on the resolution at this time. Kathleen Cekanski - Farrand, Council attorney, indicated they planned to construct a warehouse and sales office in the Airport Industrial Park. Council Member Beck made a motion to adopt this resolution, seconded by Council Member Barcome. The motion carried. Council Member Beck made a motion to combine public hearing on the next two resolutions, seconded by Council Member Barcome. The motion carried. RESOLUTION NO. 1577 -87 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3602 W. SAMPLE STREET, 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 the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3602 W. Sample, and which is more particularly described as follows: PARCEL 1 A Part of the Northeast Quarter, Section 16, Township 37 North, Range 2 East, 2nd P.M., in the City of South Bend, Saint Joseph County, Indiana and also being a part of the land of the Torrington Company, a Delaware Corporation (Book 768, page 163 and Book 709, pages 559 and 560, Office of the Recorder) containing 5.118 acres and more particularly described as follows: Beginning at a point which is 40.0 feet South of the Northwest corner of the East Half of the Northeast Quarter of said section, said point being also on the South Right -of -Way line of Sample Street; thence S 00 03'W (the bearing of said South Right -of -Way line is assumed due East -West) a distance of 395.6 feet thence N 90 00'W a distance of 9.00 feet; thence S 0 03'W a distance of 465.0 feet; thence N 90 001W a distance of 39.87 feet to the Easterly Right -of -Way of the New Jersey, Indiana and Illinois Railroad Company; thence N 21 44'W a distance of 47.18 feet; thence Northwesterly, along the arc of a curve to the left, having a radius of 487.15 feet; a central angle of 45 25' 16" and a chord of 376.15 feet, a distance of 386.19 feet; thence N 00 03'E a distance of 548.22 feet to the South Right -of -Way line of Sample Street; thence S 90 00'E on said Right -of -Way line a distance of 330.00 feet to the point of beginning. and PARCEL 2 A part of the Northeast Quarter, Section 16, Township 37 North, Range 2 East, 2nd P.M., in the City of South Bend, Saint Joseph County, Indiana and also being a part of the land of the Torrington Company, a Delaware Corporation (Book 709, pages 559, 560, and 561, Office of the Recorder) containing 3.067 acres; and more particularly described as follows: Beginning at a point 900.6 feet South of the North line of Section 16, and 1390.55 feet East of the East line of Sheridan Avenue, which point is on the North line of proposed Industrial Avenue and on the Westerly line of an 18 foot railroad spur Right -of -Way for track 2; thence S 21 29'E a distance of 123.45 feet along said Right -of -Way to a point of tangency of a curve to the left, and which Right -of -Way line is at all points 9.0 feet Westerly, at right angles from the center line of spur tract Number 2 of said Railroad, said curve is more particularly defined by the following 4 courses running along said right of way Southeasterly from the point of tangency and measured along chords to said curve, viz: S 19 41'for a distance of 60.0 feet; thence S 22 54'E a distance of 100.0 feet; thence S 37 141E a distance of 100.0 feet; thence S 53 52'E a distance of 100.0 feet to the North Right -of Way line of spur tract Number 1 of said railroad company, thence N 89 51'W a distance of 364.44 feet along said Northern Right -of -Way line of spur tract Number 1; thence N 00 031E a distance of 364.38 feet; thence N 89 571W a distance of 128.91 feet; thence N 00 02'W a distance of 318.24 feet; thence S 89 131W a distance of 13.76 feet; thence N 00 031E a distance of 11.76 feet to the Westerly Right -of -Way of the New Jersey, Indiana and Illinois Railroad Company Right -of -Way of spur tract Number 2; thence along said Right -of -Way Southeasterly 371.89 feet along an arc to the right having a radius of 469.15 feet and subtended by a long chord have a bearing of S 44 26'30 "E and a length of 362.22 feet to the point of tangency of said curve; thence S 21 44'E a distance of 40.0 feet to the point of beginning. PARCEL 3 EASEMENT An easement for vehicular and pedestrian crossing over, upon and across, and for parking upon the following described real estate: A part of the Northeast Quarter, Section 16, Township 37 North, Range 2 East, 2nd P.M., in the City of South Bend, Saint Joseph County, Indian containing 0.175 acres, more or less and more particularly described as follows: Beginning at a point 900.6 feet South of the North line of said Section 16 and 1390.55 feet East of the East line of Sheridan Avenue, which line is on the Westerly line of an 18 -foot railroad spur Right -of -Way of the New Jersey, Indiana and Illinois Railroad Company; thence N 21 44'W a distance of 40.00 feet along said Westerly Right -of -Way; thence along said Right -of -Way Northwesterly 371.89 feet along an arc to the left having a radius of 469.15 feet and subtended by a long chord having a bearing of N 44 26130 11W and a length of 362.22 feet; thence N 0 03'E a distance of 19.2 feet to the Easterly Right -of -Way of said railroad spur; thence along said Right -of -Way Southeasterly 386.19 feet along an arc to the right having a radius of 487.15 feet and subtended by a long chord having a bearing of S 44 26'35 "E and a length of 376.15 feet; thence S 21 44'E a distance of 47.18 feet; thence N 90 00'W a distance of 19.38 feet to the point of beginning. Commonly known as 3602 West Sample Street, South Bend, Indiana 46619. 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 235 and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. That the Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of ten (10) years. 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. 1578 -87. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3602 W. SAMPLE STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL 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 the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3602 W. Sample, and which is more particularly described as follows: PARCEL 1 A Part of the Northeast Quarter, Section 16, Township 37 North, Range 2 East, 2nd P.M., in the City of South Bend, Saint Joseph County, Indiana and also being a part of the land of the Torrington Company, a Delaware Corporation (Book 768, page 163 and Book 709, pages 559 and 560, Office of the Recorder) containing 5.118 acres and more particularly described as follows: Beginning at a point which is 40.0 feet South of the Northwest corner of the East Half of the Northeast Quarter of said section, said point being also on the South Right -of -Way line of Sample Street; thence S 00 03'W (the bearing of said South Right -of -Way line is assumed due East -West) a distance of 395.6 feet thence N 90 00'W a distance of 9.00 feet; thence S 0 03'W a distance of 465.0 feet; thence N 90 00'W a distance of 39.87 feet to the Easterly Right -of -Way of the New Jersey, Indiana and Illinois Railroad Company; thence N 21 441W a distance of 47.18 feet; thence Northwesterly, along the arc of a curve to the left, having a radius of 487.15 feet; a central angle of 45 251 16" and a chord of 376.15 feet, a distance of 386.19 feet; thence N 00 031E a distance of 548.22 feet to the South Right -of -Way line of Sample Street; thence S 90 00'E on said Right -of -Way line a distance of 330.00 feet to the point of beginning. and PARCEL 2 A part of the Northeast Quarter, Section 16, Township 37 North, Range 2 East, 2nd P.M., in the City of South Bend, Saint Joseph County, Indiana and also being a part of the land of the Torrington Company, a Delaware Corporation (Book 709, pages 559, 560, and 561, Office of the Recorder) containing 3.067 acres; and more particularly described as follows: Beginning at a point 900.6 feet South of the North line of Section 16, and 1390.55 feet East of the East line of Sheridan Avenue, which point is on the North line of proposed Industrial Avenue and on the Westerly line of an 18 foot railroad spur Right -of -Way for track 2; thence S 21 291E a distance of 123.45 feet along said Right -of -Way to a point of tangency of a curve to the left, and which Right -of -Way line is at all points 9.0 feet Westerly, at right angles from the center line of spur tract Number 2 of said Railroad, said curve is more particularly defined by the following 4 courses running along said right of way Southeasterly from the point of tangency and measured along chords to said curve, viz: S 19 41'for a distance of 60.0 feet; thence S 22 54'E a distance of 100.0 feet; thence S 37 141E a distance of 100.0 feet; thence S 53 52'E a distance of 100.0 feet to the North Right -of Way line of spur tract Number 1 of said railroad company, thence N 89 511W a distance of 364.44 feet along said Northern Right -of -Way line of spur tract Number 1; thence N 00 03'E a distance of 364.38 feet; thence N 89 57'W a distance of 128.91 feet; thence N 00 021W a distance of 318.24 feet; thence S 89 131W a distance of 13.76 feet; thence N 00 03'E a distance of 11.76 feet to the Westerly Right -of -Way of the New Jersey, Indiana and Illinois Railroad Company Right -of -Way of spur tract Number 2; thence along said Right -of -Way Southeasterly 371.89 feet along an arc to the right having a radius of 469.15 feet and subtended by a long chord have a bearing of S 44 26'30 "E and a length of 362.22 feet to the point of tangency of said curve; thence S 21 441E a distance of 40.0 feet to the point of beginning. PARCEL 3 EASEMENT An easement for vehicular and pedestrian crossing over, upon and across, and for parking upon the following described real estate: A part of the Northeast Quarter, Section 16, Township 37 North, Range 2 East, 2nd P.M., in the City of South Bend, Saint Joseph County, Indian containing 0.175 acres, more or less and more particularly described as follows: Beginning at a point 900.6 feet South of the North line of said Section 16 and 1390.55 feet East of the East line of Sheridan Avenue, which line is on the Westerly line of an 18 -foot railroad spur Right -of -Way of the New Jersey, Indiana and Illinois Railroad Company; thence N 21 44'W a distance of 40.00 feet along said Westerly Right -of -Way; thence along said Right -of -Way Northwesterly 371.89 feet along an arc to the left having a radius of 469.15 feet and subtended by a long chord having a bearing of N 44 26'3011W and a length of 362.22 feet; thence N 0 O3'E a distance of 19.2 feet to the Easterly Right -of -Way of said railroad spur; thence along said Right -of -Way Southeasterly 386.19 feet along an arc to the right having a radius of 487.15 feet and subtended by a long chord having a bearing of S 44 26'35 "E and a length of 376.15 feet; thence S 21 441E a distance of 47.18 feet; thence N 90 001W a distance of 19.38 feet to the point of beginning. Commonly known as 3602 West Sample Street, South Bend, Indiana 46619. 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 personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. That the Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years. 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 A public hearing was held on the resolution at this time. Kathleen Cekanski - Farrand, Council attorney, indicated they were expanding their stainless steel fabrication facility from southwestern Michigan to South Bend. Council Member Voorde made a motion to adopt Resolution No. 1577 -87, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Voorde made a motion to adopt Resolution No. 1578 -87, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member made a motion to combine public hearing on the next two resolutions, seconded by Council Member . The motion carried. Council Member Beck made a motion to combine public hearing on the next two resolutions, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 1579 -87 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 4221 TECHNOLOGY DRIVE, 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 the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4221 Technology Dr. and which is more particularly described as follows: Lot 10, Plat of Landmark Business Park, Section 4 -Part 1 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 00 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 two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. That the Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of six (6) years. 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. 1580 -87 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 4221 TECHNOLOGY DRIVE, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL 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 the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4221 Technology Dr. and which is more particularly described as follows: Lot 10, Plat of Landmark Business Park, Section 4 -Part 1 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 personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. That the Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of six (6) years. 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 A public hearing was held on the resolutions at this time. Kathleen Cekanski - Farrand, indicated they planned to acquire a vacant building and revamp it into a facility for painting, finishing and sub - assembly of parts. she indicated sixty -five new jobs will be created in the first year and they will maintain ninety -five existing jobs. Council Member Puzzello made a motion to adopt Resolution No. 1579 -87, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. Council Member Taylor made a motion to adopt Resolution No. 1580 -87, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. '. s; BILLS. FIRST READING BILL NO. 139 -87 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 702 W. COLFAX, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Beck made a motion to refer this bill to the Zoning and Vacation Committee, seconded by Council member Taylor. BILL NO. 140 -87 A BILL AMENDING ARTICLES 1, 2, 3, 4, 5, AND 6 OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. NEW BUSINESS RESOLUTION NO. 1581 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING MICHAEL L. VANCE FOR HIS SIXTEEN AND ONE -HALF (16 1/2) YEARS OF DEDICATED PUBLIC SERVICE TO THE CITY OF SOUTH BEND WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes with pride that MICHAEL L. VANCE served under three 93) mayors, namely: Mayor Miller, Mayor Nemeth, and Mayor Parent; and WHEREAS, the Common Council further recognizes that MICHAEL L. VANCE began his career with the City as an Engineering Aide on July 1, 1972; and WHEREAS, career advancements elevated MICHAEL L. VANCE from an Engineering Aide III on January 1, 1973 to a Superintendent I for Wastewater Treatment on May 1, 1973; to Auditor on September 19, 1975; appointed by Mayor Nemeth to Chief Deputy Controller on September 12, 1977; appointed Director of Utilities on March 9, 1981; and appointed City Controller by Mayor Parent on February 20, 1984; and WHEREAS, MICHAEL L. VANCE has served with distinction on numberous boards some of which include: the Board of Public Works, the Century.Center Board of Managers, and numerous collective bargaining teams; and WHEREAS, MICHAEL L. VANCE has earned a reputation of implementing sound fiscal management policies; improved computerized communications; cost - effective policies and procedures; and stream -lined budgetary procedures; and WHEREAS, MICHAEL L. VANCE will long be remembered as a hardworking public servant who served our City well. NOW, THREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and thanks MICHAEL L. VANCE for his sixteen and one -half (16 1/2) years of dedicated public service to the City of South Bend. SECTION II. The Common Council wishes Michael continued success and good fortune as he embarks on new career opportunities. 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 /s/ Eugenia Braboy Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council /s/ Ann B. Puzzello Member of the Common Council /s/ Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ James V. Barcome Member of the Common Council /s/ Al Paszek Member of the Common Council /s/ John Voorde ATTEST City C RESOLUTION NO. 1582 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING EUGENIA S. SCHWARTZ FOR HER SEVEN AND ONE -HALF (7 1/2) YEARS OF DEDICATED PUBLIC SERVICE TO THE CITY OF SOUTH BEND. WHEREAS, the Common Council of the City of South Bend, Indiana recognizes with pride that EUGENIA S. SCHWARTZ served as Assistant City Attorney for the City of South Bend from July of 1980 through September 30, 1985; and WHEREAS, the Common Council further recognizes that EUGENIA S. SCHWARTZ was promoted to the position of Managing Attorney for the City Attorney's Office on November 1, 1985; and WHEREAS, EUGENIA S. SCHWARTZ has provided professional and competent legal advice to numerous City agencies, including the Board of Public Safety, the Redevelopment Commission, the urban Enterprise Association, the Historic Preservation Commission, the Department of Economic Development, the Department of Administration and Finance, and the Police and Fire Departments; has played instrumental roles in the development of UDAG, TIF, and tax abatement procedures; as well as overseeing critical lawsuits for the City at the state and federal levels; and WHEREAS, the City of South Bend, Indiana will long remember the countless contributions made to our community by this dedicated and caring public servant, EUGENIA S. SCHWARTZ. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and thanks EUGENIA S. SCHWARTZ for her seven and one -half (7 1/2) years of dedicated public service to the City of South Bend. SECTION II. The Common Council publicly acknowledges the many contributions made by Eugenia through her well researched and practical legal opinions and advise; and wishes her and Maurice and their two sons continued success and good fortune in the years ahead. 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 /s/ Eugenia Braboy Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council ATTEST /s/ Irene K. Gammon City Clerk PRIVILEGE OF THE FLOOR /s/ Ann B. Puzzello Member of the Common Council /s/ Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ James V. Barcome Member of the Common Council /s/ Al Paszek Member of the Common Council /s/ John Voorde Member of the Common Council /s/ Roger O. Parent Mayor Joe Guentert, 3510 Corby, spoke about the cost of the Stadium. Ken Donnelly, 2605 Frederickson, thanked Council Member Braboy for her efforts on the west side of the city, and Council Member Beck for her efforts to help the city. Sean Coleman, 915 E. Corby, Councilman -at Large elect, indicated he would like to be able to rely on the outgoing Council's fifty years of experience. There being no further Council Member Barcome The motion carried and ATTEST: City Clerk business to come before the Council, unfinished or new, made a motion to adjourn, seconded by Council Member Beck. the meeting was adjourned at 9:02 p.m. APPROVED: esid Olt ME