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HomeMy WebLinkAbout07-25-88 Council Meeting Minutestjd)s REGULAR MEETING JULY 25, 1988 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, July 25, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Voorde 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 July 11 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Coleman made a motion that the minutes of the July 11, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1628 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING CHARLES T . HURLEY FOR HIS TWENTY YEARS OF DEDICATED PUBLIC SERVICE TO THE CITY OF SOUTH BEND WHEREAS, the Common Council recognizes that Charles T. Hurley was appointed to the South Bend Police Department in 1968 ; and WHEREAS, the Council further recognizes that between 1974 through 1984, Charles T. Hurley earned a distinguished series of promotions rising in rank from Sergeant, to Captain, to Division Chief; and WHEREAS, since 1484 Charles T. Hurley has diligently served as Chief of Police of the South Bend Police Department; and WHEREAS, throughout his twenty -year career, Chief Hurley developed expertise in Patrol activities, Accident Investigation, Traffic Enforcement, General Investigations, Homicide investigations, and utilized management skills overseeing one of the largest department of our city; WHEREAS, Chief Hurley has been affiliated with many professional organizations including the International Association of Chiefs of Police, the Indiana Chiefs of Police, the Police Executive Research Forum, the Police Management Association, and the U.S. Conference of Mayors - National Institute of Policing; and WHEREAS, as Chief of Police, Chief Hurley's leadership ability helped foster the return of a centralized roll call system, the opening of the police station on a 24 -hour basis, the implementation of the computer aided dispatch system, the Enhanced -911 emergency response system, and the centralized dispatch and data base system which have all contributed to the improvement of public safety throughout our 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 the city of South Bend, Indiana, the Common Council publicly commends and thanks Chief CHARLES T. HURLEY for his twenty years of dedicated public service in the Police Department. SECTION II. The Common Council publicly acknowledges the countless contributions made by Chief Hurley to our Police Department and to the city of South Bend in making this a special place to live and work. SECTION III. The Common Council wishes Chief "PUNKY" Hurley continued success as he embarks on a new career at the University of Notre Dame, and wishes him and his family good fortune in the years ahead. 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/ Steven Luecke Member of the Common Council /s/ Donald Niezgodski Member of the Common Council /s/ Ann B. Puzzello Member of the Common Council /s/ Linas Slavinskas Member of the Common Council /s/ William Soderberg Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ Sean Coleman Member of the Common Council /s/ Loretta Duda 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 Members Soderberg and Niezgodski read the resolution and presented it to Chief Hurley. The Chief thanked the Council. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on July 25, at 7:17 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 31 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 434 NORTH MICHIGAN IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas indicated the Zoning and Vacation Committee had met on this bill and recommended it unfavorably to the Council. Kevin Joyce, Area Plan, gave the staff report which was favorable. Thomas Roemer, attorney, indicated they were seeking this rezoning from "c" commercial to "b" residential in order that the prospective purchaser could operate a boarding house. He indicated there was a need for this type of housing in the City. Rowenna Robertson, 2315 Club Drive, the owner of this property, indicated it was landlocked and it was not suitable for a commercial establishment. Joseph Amaral, attorney, representing Robert French, indicated the same factor that applied two weeks ago still applies this evening: this would be spot zoning. Council Member Luecke made a motion to recommend this bill to the Council unfavorably, seconded by Council Member Duda. The motion carried. BILL NO. 39 -88 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 929 E. MILTON, IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas indicated the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorably. John Oxian, Vice President of the Historic Preservation Commission, made the presentation for the bill. He indicated the Commission was proud to designate this church in a local neighborhood, as an historic landmark. He indicated the architecture was gothic revival. Council Member Slavinskas made a motion to recommend this bill to the Council favorably, seconded by Council Member Niezgodski. The motion carried. BILL NO. 42 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2405 KENWOOD STREET IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas indicated the Zoning and Vacation Committee had met on this bill and recommended it _ to the Council favorably. Kevin Joyce, Area Plan, gave the staff report, which was favorable. Council Member Niezgodski made the presentation for the bill. He indicated the petitioner was planning to build a new home at this location. He indicated this property is presently zoned "c ", however, the entire area is being reconsidered for "a" residential zoning. Council Member Luecke made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. BILL NO. 60 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF PORTAGE AVENUE RUNNING NORTH FROM KING STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET TO 14' ALLEY: ALSO THE FIRST EAST -WEST ALLEY NORTH OF KING RUNNING WEST FROM PORTAGE AVENUE FOR A DISTANCE OF APPROXIMATELY 154' TO 14' ALLEY. Bernard Feeney, Land Surveyor, asked that this vacation be continued until August 8. Council Member Puzzello made a motion to continue this bill, seconded by Council Member Slavinskas. The motion carried. HE BILL NO. 61 -88 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. Council Member Slavinskas made a motion to continue public hearing on this bill until August 22, seconded by Council Member Coleman. The motion carried. BILL NO. 32 -88 A BILL APPROPRIATING $53,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, EMERGENCY SHELTER GRANT PROGRAM. Council Member Luecke made a motion to continue public hearing on this bill until August 8, seconded by Council Member Coleman. The motion carried. BILL NO. 38 -88 A BILL EXTENDING THE BOUNDARY OF THE TAX ABATEMENT IMPACT AREA WITHIN THE CITY OF SOUTH BEND. Council Member Luecke made a motion to continue public hearing on this bill until August 8, seconded by Council Member Voorde. The motion carried. BILL NO. 47 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE ADDRESSING LEAF BURNING, FIRE PREVENTION, AND AIR POLLUTION CONTROL. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Duda indicated the Residential Neighborhood Committee recommended that substititute bill 47 -88 be sent to the Council with a favorable recommendation. Council Member Duda made the presentation for the bill. She submitted a petition with approximately 500 signatures for a total ban on burning. She indicated this bill incorporates the recommendations fo the majority report, as well as addresses the rights of the citizens of this City to breathe clean air free from smoke and other air pollution. She asked for a favorable approval on this bill. Council Member Voorde made a motion to accept substitute version A, seconded by Council Member Coleman the motion carried. Council Member Puzzello indicated it was impossible for her to go a long with a permit system to burn leaves. She indicated her proposed bill will allow the east side and west side of the City to burn on alternate days. Council Member Voorde made a motion to accept substitute version I, seconded by Council Member Niezgodski. The motion carried on a roll call vote of five ayes and four nays (Council Members Luecke, Soderberg, Slavinskas and Duda.) John Wojtan, 6216 Exeter Ct., Rebecca Goodrich, 415 Parry, a member of the Task Force; Brandon Brunette, Pamela Brunette, 1906 Magyar; spoke in favor of Council Member Duda's bill. Jim Caldwell, Administrative Assistant for Neighborhoods, indicated the administration supported a leaf burning ban. Dick Miller, 226 E. Navarre, a member of the Neighborhood Task Force, indicated he was for a total burning ban. Jim Husband, Chiropractor, spoke in favor of clean air. Dr. George Plain, Director of the Health Department, indicated the 1991 goal for a total ban on leaf burning is realistic. He spoke in favor of the permit system. Ralph Johnson, 734 N. Cushing; Beverly Lawson; and Max Moore, 602 Harrison, spoke in favor of Council Member Duda's bill. Irene Magyar, 2517 S. Ironwood, spoke against the ban on burning. She indicated the EPA does not consider leaf burning an important issue of pollution. Irene Mutzl, 320 Parkovash, spoke in favor of Council Member Puzzello's bill. Joseph Guentert, 3510 Corby, asked about the report that was to determine to expenses involved in passing this type of legislation. John Wojtan, 6216 Exeter Ct., Dick Miller, 226 E. Navarre, Pam Brunette, 1906 Magyar; Mary Guentert, 3510 Corby; Ralph Johnson, 734 N. Cushing, spoke against version I. Council Member Coleman made a motion to amend Version I, Section 9 -21 (a) to read: "Leaf burning shall be permitted within the City from October 29 through November 26th.11, seconded by Council Member Niezgodski. The motion carried. Council Member Voorde made a motion to recommend Version I to the Council favorably, as amended, seconded by Council Member Niezgodski. Council Member Luecke made a motion to amend Version I, by adding a new Section 9 -25, Sunset Provision, this ordinance shall be in effect until January 1, 1991, at which time burning of leaves, rubbish and trash shall be banned within the City of South Bend, seconded by Council Member Slavinskas. Council Member Voorde withdrew his motion. Council Member Luecke's motion carried on a roll call vote of seven ayes and two nays (Council Members Soderberg and Zakrzewski.) Council Member Voorde made a motion that Version I be recommended to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried on a roll call vote of five ayes and four nays (Council Member Luecke, Soderberg, Slavinskas, and Duda.) Council Member Voorde made a motion to recess, seconded by Council Member Coleman. The motion carried and the meeting was adjourned at 9:06 p.m., and reconvened at 9:20 p.m. BILL NO. 55 -88 A BILL FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR THE CALENDAR YEARS 1989 AND 1990. Council Member Voorde made a motion to continue this bill until July 28, at 4:30 p.m., seconded by Council Member Coleman. The motion carried. BILL NO. 56 -88 A BILL TRANSFERRING MONIES FROM THE FIRE DEPARTMENT ACCOUNT TO THE EMERGENCY MEDICAL SERVICES ACCOUNT. 331 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Niezgodski indicated the Public Safety Committee had met on this bill and recommended it to the Council favorably. Fire Chief, Luther Taylor, made the presentation for the bill. He indicated this transfer was necessary in order to pay for the expanded ambulance program. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. BILL NO. 57 -88 A BILL APPROPRIATING $63,635.80 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Niezgodski indicted the Public Safety Committee had met on this bill and recommended it to the Council favorably. Fire Chief, Luther Taylor, made the presentation for the bill. He indicated this appropriation would be used for the final payment for the aerial. Council Member Voorde made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. BILL NO. 58 -88 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR OF 1989. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Voorde made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Puzzello indicated the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. Katie Humphreys, Controller, made the presentation for the bill. She indicated this bill should be further amended on page 1, Self Insurance, legal intern III change amount to $7.41; page 4, Wastewater, director of environmental services, change amount of $37,500; page 8, Century Center, fiscal officer, change amount to $26,442; page 9, Economic Development, fiscal officer, change amount to $24,265; page 10, Section III (a) change to Health Insurance /Non- bargaining, (b) change to Health Insurance /Teamsters. Council Member Voorde made a motion to accept these amendments, seconded by Council Member Slavinskas. The motion carried. Council Member Luecke made a motion to further amend this bill on page 9, by correcting a typographic error listing secretary I and secretary II twice, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 59 -88 A BILL AUTHORIZING TAX ANTICIPATION TIME WARRANTS FOR 1988. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leisenring, Deputy Controller, made the presentation for the bill. He indicated this bill relates to the City's need to secure a temporary loan to meet operating expenses through December 31, 1988. He indicated this will not exceed current taxes levied in 1987 and collectable in 1988. Joseph Guentert, 3510 Corby, spoke against this bill. Council Member Luecke made a motion to recommend this bill to the Council favorably, seconded by Council Member Slavinskas. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Slavinskas. The motion carried. ATTEST: ATTEST: 4:-:c, City Clerk Chairman 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 10:01 p.m. Council President Voorde presiding and nine members present. BILLS, SECOND READING BILL NO. 31 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 434 N. MICHIGAN, SOUTH BEND, INDIANA. Council Member Slavinskas made a motion to defeat this bill, seconded by Council Member Luecke. The bill was defeated by a roll call vote of nine ayes ORDINANCE NO. 7893 -88 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 929 E. MILTON IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Slavinskas made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. �� Ai REGULAR MFFmrNG JULY 25T1988 ORDINANCE NO. 7894 -88 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2405 KENWOOD STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7895 -88 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE ADDRESSING LEAF BURNING, FIRE PREVENTION, AND AIR POLLUTION CONTROL. This bill had third reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of six ayes and three nays (Council Members Soderberg, Slavinskas and Duda). ORDINANCE NO. 7896 -88 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR OF 1989. This bill had third reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman . The motion carried. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes and one abstention (Council Member Soderberg). ORDINANCE NO. 7897 -88 AN ORDINANCE TRANSFERRING MONIES FROM THE FIRE DEPARTMENT ACCOUNT TO THE EMERGENCY MEDICAL SERVICES ACCOUNT. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7898 -88 AN ORDINANCE APPROPRIATING $63,635.80 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7899 -88 AN ORDINANCE AUTHORIZING TAX ANTICIPATION TIME WARRANTS FOR 1988. This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS 88 -24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATII CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 614 N. MICHIGAN ST., SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. Council Member Luecke made a motion to continue public hearing on this bill August 8, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas made a motion to combine public hearing on the next two bills, seconded by Council Member Niezgodski. The motion carried. RESOLUTION NO. 1629 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1020 HIGH STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR ART IRON, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1020 High Street and which is more particularly described as follows: Parcel 1 : (a) A part of the Northeast Quarter of Section 13, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows, viz: 333 REGULAR MEETING JULY 25, 1988 Beginning at a point, in the center line of High Street, 159 feet South of the point of intersection of the said center line of High Street in Martin L. Wenger's Second Addition to the City of South Bend with the North line of said Section 13, which said Section line is the former East and West center line of Sample Street in said City, said beginning point being a stone set in the center of said High Street, East of and in line with the center line East and West of the First Alley South of Sample Street in said Wenger's Second Addition; thence from said point of beginning running South with the center line of said High Street, 446 feet to a stone set in the center of said High Street on the northerly line of the right of way of the Lake Shore and Michigan Southern Railway Company (New York Central Lines) ; thence South 57 degrees and 12 minutes East with the Northerly line of said right of way, 641.3 feet to a stone set; thence North 654.22 feet to a stone set; thence due West parallel with the North line of said Section 13, a distance of 209 feet to a stone set; thence due North parallel with High Street 139 feet to a stone set; thence West 330 feet to the place of beginning, excepting therefrom the following described parcel: An irregular parcel of land in the City of South Bend, lying North and adjacent to the right of way of the New York Central Railroad and East of High Street, so called, being more particularly described as follows: Beginning at a point on the North line of the New York Central Railroad at the intersection with the East line of said High Street, so called; thence extending North along the East line of High Street, a distance of 38 feet to a point; thence South 65 degrees 35 minutes 30 seconds East a distance of 174.86 feet to a point; thence South 82 degrees 24 minutes East a distance of 80.62 feet to a point; thence North 78 degrees 59 minutes East a distance of 283.10 feet to a point on the East line of the property of the South Bend Toy Manufacturing Company; thence South no degrees 33 minutes East along said East property line a distance of 344.2 feet to a point on the North property line of the New York Central Railroad; thence North 57 degrees 13 minutes West along the North property line of said New York Central Railroad a distance of 618.35 feet to the place of beginning. (b) Also a tract or parcel of land in the City of South Bend, St. Joseph County, Indiana, bounded by a line running as follows, viz: Beginning at a point on the South side of a 14 foot alley running East and West, distant South 146 feet and East 305 feet from the Southeast corner of Sample and High Streets as formerly located in said City, which point is 7 feet South of the corner of land now owned by the South Bend Toy Manufacturing Company; thence South with the land of said Toy Manufacturing Company's land 132 feet; thence East with the line of said Company's land 209 feet to the corner in the East line of said Company's land; thence North in range with the East line of said Company's land, 31 feet; thence Northwesterly to a point in the South line of said alley, 160 feet due East of the place of beginning; thence West on the South line of said 14 foot alley, 160 feet to the place of beginning. (C) Also beginning at a point on the East line of High Street in the City of South Bend, St. Joseph County, Indiana, 127 feet South of the present Southeast corner of the intersection of High and Sample Streets, which point of beginning is at the intersection of the East line of High Street and the North line of an alley now vacated; thence East along the North line of said alley, and parallel to the South line of Sample Street a distance of 148.72 feet; thence Southeast a distance of 19.8 feet to a point on the South line of said alley, which point is 141 feet South of the present South line of Sample Street and 162.71 feet East of the East line of High Street; thence West along the South line of said alley and parallel to the South line of Sample Street, a distance of 162.71 feet to the East line of High Street; thence North along the East line of High Street a distance of 14 feet to the place of beginning. Parcel 2: A lot or parcel of land in the North part of the Northeast quarter of Section 13, Township 37 North, Range 2 East, in City of South Bend, St. Joseph County, Indiana, bounded by a line running as follows, viz: Beginning on the present South line of Sample Street in the City of South Bend, at a point 183 feet and 4 inches East of the East line of High Street in said City; thence running East on the South line of said Sample Street, 45 feet 10 inches; thence South on a line parallel with said East line of High Street, a distance of 127 feet, more or less, to the North line of a public alley; thence West along the North line of said alley 45 feet 10 inches, to a point due South of the place of beginning; thence North 127 feet, more or less, to the place of beginning, excepting therefrom that part taken for the widening of Sample Street as described in a deed dated April 30, 1959, recorded in Deed Record 591, pages 45 -46, of the records of St. Joseph County, Indiana. Also a lot or parcel of land in the North part of the Northeast Quarter of Section 13, Township 37 North, Range 2 East, in City of South Bend, St. Joseph County, Indiana, bounded by a line running as follows, viz: Beginning on the present South line of Sample Street in the City of South Bend, at a point 183 feet and 4 inches East of the East line of High Street in said City; thence running West on the South line of said Sample Street, 45 feet 10 inches; thence South on a line parallel with said East line of High Street, a distance of 334 127 feet, more or less, to the North line of a public alley (now vacated); thence East along the North line of said public alley (now vacated) and along the North line of a public alley extended, 45 feet 10 inches to a point due South of the place of beginning; thence North 127 feet, more or less, to the place of beginning, excepting therefrom that part taken for a public alley as described in Dedication Proceedings recorded in Miscellaneous Record 117, pages 29 -31 of the Records of St. Joseph County, Indiana. Also excepting therefrom that part taken for the widening of Sample Street as described in a deed dated April 30, 1959, recorded in Deed Record 591, pages 45 -46 of the records of St. Joseph County, Indiana. Parcel 3: A lot or parcel of land in the North part of the Northeast Quarter of Section 13, Township 37 North, Range 2 East, now within and a part of the City of South Bend, St. Joseph County, Indiana, bounded by a line running as follows, viz: Beginning on the present South line of Sample Street in the City of South Bend at a point 91 feet 8 inches East of the East line of High Street in said City; thence running East on the South line of said Sample Street 45 feet 10 inches; thence South on a line parallel with the East line of said High Street a distance of 127 feet, more or less, to the North line of a public alley (now vacated); thence West along the said North line of said public alley (now vacated), 45 feet 10 inches to a point due South of the place of beginning; thence North 127 feet, more or less, to the place of beginning, excepting therefrom that part taken for a public alley as described in Dedication Proceedings recorded in Miscellaneous Record 117, pages 29 -31 of the records of St. Joseph County, Indiana. Also excepting therefrom that part taken for the widening of Sample Street as described in a deed dated April 30, 1959 recorded in Deed Record 591: pages 45 -46 of the records of St. Joseph County, Indiana. Also a lot or parcel of land in the North part of the Northeast Quarter of Section 13, Township 37 North, Range 2 East, now within and a part of the City of South Bend, St. Joseph County, Indiana, bounded by a line running as follows, viz: Beginning at the corner formed by the intersection of the East line of High Street with the present South line of Sample Street in the City of South Bend; thence running East on the South line of said Sample Street 91 feet and 8 inches; thence South on a line parallel with the east line of said High Street, a distance of 127 feet, more or less, to the North line of a public alley (now vacated); thence West along the North line of said public alley (now vacated) 91 feet and 8 inches to the East line of said High Street; thence North along the East line of said High Street, 127 feet, more or less, to the place of beginning, excepting therefrom that part taken for a public alley as described in Dedication Proceedings recorded in Miscellaneous Record 117, pages 29 -31 of the records of St. Joseph County, Indiana. Also excepting therefrom that part taken for the widening of Sample Street as described in a deed dated April 30, 1959, recorded in Deed Record 591, pages 45 -46 of the records of 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 has held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for 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 the adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of three (3) 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/ John Voorde Member of the Common Council RESOLUTION NO. 1630 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1020 HIGH STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ART IRON, INC. Im WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1020 High Street and which is more particularly described as follows: Parcel 1 : (a) A part of the Northeast Quarter of Section 13, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows, viz: Beginning at a point, in the center line of High Street, 159 feet South of the point of intersection of the said center line of High Street in Martin L. Wenger's Second Addition to the City of South Bend with the North line of said Section 13, which said Section line is the former East and West center line of Sample Street in said City, said beginning point being a stone set in the center of said High Street, East of and in line with the center line East and West of the First Alley South of Sample Street in said Wenger's Second Addition; thence from said point of beginning running South with the center line of said High Street, 446 feet to a stone set in the center of said High Street on the northerly line of the right of way of the Lake Shore and Michigan Southern Railway Company (New York Central Lines) ; thence South 57 degrees and 12 minutes East with the Northerly line of said right of way, 641.3 feet to a stone set; thence North 654.22 feet to a stone set; thence due West parallel with the North line of said Section 13, a distance of 209 feet to a stone set; thence due North parallel with High Street 139 feet to a stone set; thence West 330 feet to the place of beginning, excepting therefrom the following described parcel: An irregular parcel of land in the City of South Bend, lying North and adjacent to the right of way of the New York Central Railroad and East of High Street, so called, being more particularly described as follows: Beginning at a point on the North line of the New York Central Railroad at the intersection with the East line of said High Street, so called; thence extending North along the East line of High Street, a distance of 38 feet to a point; thence South 65 degrees 35 minutes 30 seconds East a distance of 174.86 feet to a point; thence South 82 degrees 24 minutes East a distance of 80.62 feet to a point; thence North 78 degrees 59 minutes East a distance of 283.10 feet to a point on the East line of the property of the South Bend Toy Manufacturing Company; thence South no degrees 33 minutes East along said East property line a distance of 344.2 feet to a point on the North property line of the New York Central Railroad; thence North 57 degrees 13 minutes West along the North property line of said New York Central Railroad a distance of 618.35 feet to the place of beginning. (b) Also a tract or parcel of land in the City of South Bend, St. Joseph County, Indiana, bounded by a line running as follows, viz: Beginning at a point on the South side of a 14 foot alley running East and West, distant South 146 feet and East 305 feet from the Southeast corner of Sample and High Streets as formerly located in said City, which point is 7 feet South of the corner of land now owned by the South Bend Toy Manufacturing Company; thence South with the land of said Toy Manufacturing Company's land 132 feet; thence East with the line of said Company's land 209 feet to the corner in the East line of said Company's land; thence North in range with the East line of said Company's land, 31 feet; thence Northwesterly to a point in the South line of said alley, 160 feet due East of the place of beginning; thence West on the South line of said 14 foot alley, 160 feet to the place of beginning. (C) Also beginning at a point on the East line of High Street in the City of South Bend, St. Joseph County, Indiana, 127 feet South of the present Southeast corner of the intersection of High and Sample Streets, which point of beginning is at the intersection of the East line of High Street and the North line of an alley now vacated; thence East along the North line of said alley, and parallel to the South line of Sample Street a distance of 148.72 feet; thence Southeast a distance of 19.8 feet to a point on the South line of said alley, which point is 141 feet South of the present South line of Sample Street and 162.71 feet East of the East line of High Street; thence West along the South line of said alley and parallel to the South line of Sample Street, a distance of 162.71 feet to the East line of High Street; thence North along the East line of High Street a distance of 14 feet to the place of beginning. Parcel 2: A lot or parcel of land in the North part of the Northeast quarter of Section 13, Township 37 North, Range 2 East, in City of South Bend, St. Joseph County, Indiana, bounded by a line running as follows, viz: Beginning on the present South line of Sample Street in the City of South Bend, at a point 183 feet and 4 inches East of the East line of High Street in said City; thence running East on the South line of said Sample Street, 45 feet 10 inches; thence South on a line parallel with said East line of High Street, a distance of 127 feet, more or less, to the North line of a public alley; thence West along the North line of said alley 45 feet 10 inches, to a point due South of the place of beginning; thence North 127 feet, more or less, to the place of beginning, excepting therefrom that part taken for the widening of Sample Street as described in a deed dated April 30, 1959, recorded in Deed Record 591, pages 45 -46, of the records of St. Joseph County, Indiana. Also a lot or parcel of land in the North part of the Northeast Quarter of Section 13, Township 37 North, Range 2 East, in City of South Bend, St. Joseph County, Indiana, bounded by a line running as follows, viz: Beginning on the present South line of Sample Street in the City of South Bend, at a point 183 feet and 4 inches East of the East line of High Street in said City; thence running West on the South line of said Sample Street, 45 feet 10 inches; thence South on a line parallel with said East line of High Street, a distance of 127 feet, more or less, to the North line of a public alley (now vacated); thence East along the North line of said public alley (now vacated) and along the North line of a public alley extended, 45 feet 10 inches to a point due South of the place of beginning; thence North 127 feet, more or less, to the place of beginning, excepting therefrom that part taken for a public alley as described in Dedication Proceedings recorded in Miscellaneous Record 117, pages 29 -31 of the Records of St. Joseph County, Indiana. Also excepting therefrom that part taken for the widening of Sample Street as described in a deed dated April 30, 1959, recorded in Deed Record 591, pages 45 -46 of the records of St. Joseph County, Indiana. Parcel 3: A lot or parcel of land in the North part of the Northeast Quarter of Section 13, Township 37 North, Range 2 East, now within and a part of the City of South Bend, St. Joseph County, Indiana, bounded by a line running as follows, viz: Beginning on the present South line of Sample Street in the City of South Bend at a point 91 feet 8 inches East of the East line of High Street in said City; thence running East on the South line of said Sample Street 45 feet 10 inches; thence South on a line parallel with the East line of said High Street a distance of 127 feet, more or less, to the North line of a public alley (now vacated); thence West along the said North line of said public alley (now vacated), 45 feet 10 inches to a point due South of the place of beginning; thence North 127 feet, more or less, to the place of beginning, excepting therefrom that part taken for a public alley as described in Dedication Proceedings recorded in Miscellaneous Record 117, pages 29 -31 of the records of St. Joseph County, Indiana. Also excepting therefrom that part taken for the widening of Sample Street as described in a deed dated April 30, 1959 recorded in Deed Record 591: pages 45 -46 of the records of St. Joseph County, Indiana. Also a lot or parcel of land in the North part of the Northeast Quarter of Section 13, Township 37 North, Range 2 East, now within and a part of the City of South Bend, St. Joseph County, Indiana, bounded by a line running as follows, viz: Beginning at the corner formed by the intersection of the East line of High Street with the present South line of Sample Street in the City of South Bend; thence running East on the South line of said Sample Street 91 feet and 8 inches; thence South on a line parallel with the east line of said High Street, a distance of 127 feet, more or less, to the North line of a public alley (now vacated); thence West along the North line of said public alley (now vacated) 91 feet and 8 inches to the East line of said High Street; thence North along the East line of said High Street, 127 feet, more or less, to the place of beginning, excepting therefrom that part taken for a public alley as described in Dedication Proceedings recorded in Miscellaneous Record 117, pages 29 -31 of the records of St. Joseph County, Indiana. Also excepting therefrom that part taken for the widening of Sample Street as described in a deed dated April 30, 1959, recorded in Deed Record 591, pages 45 -46 of the records of 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 has held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council determined that the qualifications for an economic revitalization area have been met. PUMA avAj REGULAR MEETING J1 TLY_2.5 1988 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for 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 the adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of 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/ John Voorde Member of the Common Council A public hearing was held on the resolutions at this time. Eugenia Schwartz, attorney, made the presentations for the resolutions. She indicated Art Iron needs to expand their present building to accomodate increased inventory and material processing area, which will enable them to increase their efficiency of operation. She indicted this industry is one which we are pleased to see growing in our area. Council Member Luecke made a motion to adopt Resolution No. 1629 -88, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of nine ayes. Council Member Luecke made a motion to adopt Resolution No. 1630 -88, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1631 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 814 S. MAIN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 814 S. Main Street and which is more particularly described as follows: PARCEL I: All of Lots Numbered One Hundred Nine (109) and One Hundred Ten (110) as shown on the recorded Plat of Daniel Garst's 1st addition to South Bend City, now within and a part of the City of South Bend. PARCEL II: All of Lots Numbered Two Hundred Fifty -seven (257) and Two Hundred Fifty -eight (258) as shown on the recorded Plat of Daniel Garst's Subdivision of a part of his 1st addition to South Bend City, now a part of the City of South Bend. PARCEL III: All of Lots Numbered Two Hundred Eleven (211) and Two Hundred Twelve (212) as shown on the recorded Plat of Daniel Garst's lst addition to the South Bend City, now within and a part of the City of South Bend. PARCEL IV: Beginning at the Northwest corner of Lot Two Hundred Twenty (220) in Garst's First addition to South Bend City now within and a part of the City of South Bend, Indiana, as recorded in Plat Book 3, page 41 in the Office of the Recorder of St. Joseph County, Indiana said beginning point being the inter - section of the South line of said vacated 14 foot alley with the East right -of -way line of Main Street as now exist; thence North 0 °00100" East (bearing assumed) along said East right -of -way line of Main Street, a measured distance of 52.13 feet to the South line of the North 30.00 feet of said Lot Two Hundred Sixty (260); thence North 89 17'40" East along said South line and parallel with the North line of said Lot 260, a measured distance of 200.37 feet to the East line of Lot Two Hundred Twelve (212) in Garst's First addition; thence South O °0121" West along the East line of said Lot 212, a measured distance of 51.93 feet to the Northeast corner of Lot Two Hundred Thirteen (213) in said Garst's First addition being also the Southeast corner of a 14 foot alley vacated by Vacation Resolution 3444; thence South 89 156'20" West along the South line of said vacated 14 foot alley a measured distance of 200.25 feet to the place of beginning. PARCEL V: All of Lots Numbered Two Hundred Thirteen (213), Two Hundred Fourteen (214), Two Hundred Fifteen (215), Two Hundred Sixteen (216) and the East 10 feet of Lot Numbered Two Hundred Seventeen (217) all as shown on the recorded Plat of Daniel Garst's 1st addition of South Bend City, now within and a part of the City of South Bend, excepting therefrom the South 25 feet thereof. PARCEL VI: All of Lots Numbered Two Hundred Eighteen (218), Two Hundred Nineteen (219) and Two Hundred Twenty (220) and the West 15 feet of Lot Numbered Two Hundred Seventeen (217) all as shown on the recorded Plat of Daniel Garst's 1st addition to South Bend City, now within and a part of the City of South Bend, excepting therefrom the South 24.5 feet thereof. jJ 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 has held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for 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 the adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of 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/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Stanley Blenke, Vice President of Schafer Gear, made the presentation for the resolution. He indicated they plan to purchase new machinery in order to upgrade their manufacturing equipment to become competitive in terms of pricing and quality of our product. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1632 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1702 WEST WASHINGTON STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ADAMS ENGINEERING, INC. WHEREAS, a petition for personal property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, requesting that the area commonly known as 1702 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: TRACT NO. 1. A part of the East Half of the Northeast quarter of Section No. 10 in Township No. 37 North, Range No. 2 East, described as follows, viz: Beginning at a point 92.05 feet South of the South line of Washington Avenue in the City of South Bend, and 14.55 feet East of the West line of College Street (produced South) in said City; thence East a distance of 109.9 feet more or less to the Westerly line of the right of way of the Chicago, Indiana and Southern Railway at a point 92.05 feet South of the South line of said Washington Avenue (produced East); thence North 19 degrees 56 minutes West along the said Westerly line of the right of way of the Chicago, Indiana and Southern Railway a distance of 22.25 feet; thence North 15 degrees 38 minutes West along the said Westerly line of the right of way of the Chicago, Indiana and Southern Railway a distance of 50 feet to the Southerly line of Circle Avenue in said City; thence Northwesterly along the Southerly line of Circle Avenue to a point dY E9 3" 14.55 feet East of the West line of said College Street (produced South); thence South to the place of beginning. TRACT NO. 2 . A part of the East Half of the Northeast Quarter of Section No. 10, in Township No. 37 North, Range No. 2 East, described as follows, viz: Beginning at a point 92.05 feet South of the Southline of Washington Avenue in the City of South Bend, and 13 .84 feet East of the West line of College Street (produced South) in said City; thence East along the center line of a party wall and the center line produced, a distance of 110.61 feet to the Westerly line of the right of way of the Chicago, Indiana and Southern Railway7 thence South 19 degrees 56 minutes East a distance of 28.35 feet; thence South 25 degrees 35 minutes East, a distance of 30.02 feet; thence West along the North side of a brick wall and said North side produced, a distance of 133.25 feet to a point 13.84 feet East of the West line of College Street (produced South); thence North a distance of 53.20 feet to the place of beginning. TRACT NO. 3. A lot or parcel of land in the City of South Bend located in the East 1/2 of the Northeast 1/4 of Section Number 10, Township Number 37 North, Range Number 2 East, bounded by a line running as follows, viz: Beginning at a point in the South line of West Washington Avenue 7.58 feet West from a point where the West line of College Street extended South would intersect the South line of said West Washington Avenue; thence South 208 feet; thence West 395.87 feet; thence North 208 feet to the South line of Washington Avenue; thence East along the South line of Washington Avenue a distance of 395.87 feet to the place of beginning. Also beginning at a point in the South line of West Washington Avenue 7.58 feet West from a point where the West line of College Street extended South would intersect the South line of Washington Avenue and being at the Northeast corner of the above described tract; thence South along the East line of the above described tract 293.6 feet to an iron stake; thence East 19.69 feet, more or less, to the Southwest corner of a tract of land conveyed to the South Bend Wholesale Drug Company by deed recorded in Deed Record 333, page 336; thence North 293.6 feet, more or less, to a point in the South line of West Washington Avenue 20 feet East of the place of beginning; thence West 20 feet to the place of beginning. Subject to easements and restrictions of record. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq.; and South Bend Municipal Code section 2 -76 et seq., and; WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1 et seq., and South Bend Municipal Code section 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and; WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Personal Property Tax Abatement and Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et seq., for tax abatement. ME SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed redevelopment or rehabilitation; D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and; E. That the totality of benefits is sufficient to justify the deduction; all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3 and which can be reasonably expected to result from the installation of the new manufacturing equipment. SECTION III. The Common new manufacturing equipment identified in the Statement Petition for Personal Prope Benefits form prescribed by the deduction granted under Council hereby determines and finds that the proposed can be reasonably expected to yield the benefits of Benefits as set forth in sections I through II of the =ty Tax Abatement consideration and that the Statement of the State Board of Accounts are sufficient to justify Section 6 -1.1- 12.1 -4.5 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION V. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, made the presentation for the resolution. Council Member Luecke indicated the Zoning and Vacation Committee had met on this resolution and recommended it to the Council favorably. He indicated Adams Engineering will acquire new machinery in order to continue to expand and be competitive. He indicated four new full -time jobs will be created. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1633 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3417 WESTERN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR WESTCO PHILLIPS 66 REMODEL AND EXPANSION WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana consideration, requesting that the area commonly known as 3417 Western Avenue, South Bend, Indiana, and which is more particularly described as follows: Lots 433 -434 & 435 & 7 feet of vacated alley lying east of Lot 433 in the Lasalle Park Addition. Located on N.E. Corner of Intersection at Western Ave. & Falcon Street, South Bend, 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 et seq., and; WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1 et seq. and South Bend Municipal Code section 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and 0'. y xd` i WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed redevelopment or rehabilitation; D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the Statement of Benefits set forth as section I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6- 1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby accept the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated as Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. Section VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke indicated the Human Resources Committee had met on this resolution and recommended it to the Council favorably. Council Member Luecke made a motion the amend this resolution by adding six years, in Section VI, seconded by Council Member Coleman. Mike Dobson made the presentation for the resolution. He indicated they proposed to rehabilitate the front of the building and construct a sixteen by thirty foot car wash stall. He indicated these improvements are necessary as the facility is outdated and borders on being unprofitable. Council Member Luecke made a motion to adopt this resolution, as amended, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 64 -88 A BILL SETTING THE ANNUAL SALARY OF THE MAYOR FOR THE CALENDAR YEAR 1989. This bill had first reading. Council Member Coleman made a motion to set this bill for third reading and public hearing August 29, and refer it to the Personnel and Finance Committee, seconded by Council Member Zakrzewski. The motion carried. REGULAR MEETING BILL NO. 65 -88 A BILL SETTING THE ANNUAL SALARY OF THE CITY CLERK FOR THE CALENDAR YEAR 1989. This bill had first reading. Council Member Puzzello made a motion to set this bill for third reading and public hearing August 29, and refer it to the Personnel and Finance Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 66 -88 A BILL SETTING THE ANNUAL SALARY OF THE COMMON COUNCIL FOR THE CALENDAR YEAR 1989. This bill had first reading. Council Member Coleman made a motion to set this bill for third reading and public hearing August 29, and refer it to the Personnel and Finance Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 67 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST /WEST ALLEY SOUTH OF LINCOLN WAY WEST RUNNING EAST FROM RYER ST., TO THE 1ST INTERSECTING NORTH /SOUTH ALLEY FOR A DISTANCE OF 120 FEET, ALL BEING IN ALWARDS ADDITION AND BRENTWOOD ESTATES 4TH ADDITION TO THE CITY OF SOUTH BEND, IN. This bill had first reading. Council Member Slavinskas made a motion to set this bill for second reading and public hearing August 29, and refer it to the Zoning and Vacation Committee, seconded by Council Member Luecke. The motion carried. UNFINISHED BUSINESS Council Member Slavinskas made a motion to set Bill nos. 69 and 34 -88 for third reading and public hearing August 8, seconded by Council Member Luecke. The motion carried. Council Member Puzzello made a motion to set Bill No. 41 -88 for third reading and public hearing October 10, seconded by Council Member Luecke. The motion carried. Council Member Zakrzewski made a motion to strike Bill No. 67 -87, seconded by Council Member Niezgodski. The motion carried. PRIVILEGE OF THE FLOOR Joseph Guentert, 3510 Corby, spoke regarding storm sewers. Irene Mutzl, 320 Parkovash, spoke regarding the Scattered Housing Program. There being no further business to come before the Council, unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Zakrzewski. The motion carried and the meeting was adjourned at 10:45 p.m. ATTEST: City Clerk APPROVED: t �