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HomeMy WebLinkAbout08-22-88 Council Meeting MinutesREGULAR MEETING AUGUST 22, 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, August 22, 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 28, and August 8 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 28 and August 8, meetings of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to resolve into the Committee of the Whole, seconded by Council Member Slavinskas. 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 August 22, at 7:10 p.m., with nine members present. Chairman Zakrzewski presiding. 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. 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. Bernard Feeney, Land Surveyor, made the presentation for the bill. He indicated the owners of this property desire to have it annexed into the City. He indicated they planned to develop an industrial park at this location. Council Member Voorde made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman . The motion carried. BILL NO. 68 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH -SOUTH ALLEY EAST OF BENDIX DRIVE, RUNNING SOUTH FROM BONDS AVENUE FOR A DISTANCE OF APPROXIMATELY 114.93 FEET. 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 Ford, attorney, made the presentation for the bill. He indicated St. Joseph Medical Center intended to expand their parking lot at this location, and the alley vacation is necessary in order for them to add on to the facility. Ted Kawka, 3029 Bonds, spoke against this vacation. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Slavinskas. The motion carried. BILL NO. 71 -88 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1989, AND ENDING DECEMBER 31, 1989, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leisenring, Deputy Controller, made the presentation for the bill. He indicated the bill should be amended as follows: Building Maintenance, Account 120, reduce $16,074; Fire Department, Account 151, reduce $5,500; Code Enforcement, Account 110, $15,586 and $23,867; Street Department, Account 228, $20,000 and Account 255, $72,000. He indicated the following accounts should be increased: Controller, group insurance $1,300,000; Social Security, $378,302; PERF, $275,000: Board of Works, electric current $1,150,000; telephone $180,000; rents $732,563. He indicated this budget, including all tax supported funds, is approximately 45 million and the Parking Garage Fund is another $671,000. He indicated this budget will provide for an operating balance at the end of 1989. Council Member Voorde made a motion to accept these amendments, seconded by Council Member Puzzello. The motion carried. T. Brooks Brademas, 425 N. Michigan, spoke against funding for the Human Resources. Department. He indicated this budget should be abolished. Joseph Guentert, 3510 BILL NO. 68 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH -SOUTH ALLEY EAST OF BENDIX DRIVE, RUNNING SOUTH FROM BONDS AVENUE FOR A DISTANCE OF APPROXIMATELY 114.93 FEET. This bill had first reading. Council Member Coleman made a motion to set this bill for third reading and public hearing August 22, and refer it to the Zoning and Vacation Committee, seconded by Council Member Niezgodski. The motion carried. BILL NO. 69 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 1000 BLOCK OF BENDIX DRIVE BETWEEN HARTZER STREET AND BONDS AVENUE IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Slavinskas made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 70 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1613 S. CHAPIN IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Slavinskas made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 71 -88 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1989, AND ENDING DECEMBER 31, 1989, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing on August 22, refer it to the Personnel and Finance Committee, and set it for third reading on August 29, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 72 -88 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1989. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing on August 22, refer it to the Personnel and Finance Committee, and set it for third reading on August 29, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 73 -88 A BILL APPROPRIATING MONIES FOR THE EXPENSES OF THE CENTURY CENTER FUND OF THE CITY OF SOUTH BEND, INDIANA, JANUARY 1, 1989 AND ENDING DECEMBER OUTSTANDING CLAIMS AND OBLIGATIONS SAME SHALL TAKE EFFECT. PURPOSE OF DEFRAYING THE AND THE PARKING GARAGE FUND FOR THE FISCAL YEAR BEGINNI 31, 1989, INCLUDING ALL %ND FIXING AND TIME WHEN THE Council Member Coleman made a motion to remove Century Center Fund from this title, seconded by Council Member Niezgodski. The motion carried. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing on August 22, refer it to the Personnel and Finance Committee, and set it for third reading on August 29, seconded by Council Member Luecke. The motion carried. BILL NO. 74 -88 A BILL AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "TRUCK ROUTES ". This bill had first reading. Council Member Zakrzewski made a motion to set this bill for third reading and public hearing August 22, and refer it to the Public Works Committee, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR John Wojtan, 3216 Exeter Ct., indicated he would like to see a report on the costs of bonds, tax abatement, the Wastewater Treatment Plant and the stadium. Joseph Guentert, 3510 Corby, indicated the budget hearing were held during a time when it was inconvenient for the public to attend. Mark Lowdermilk, representing the South Bend Jaycees, passed out a survey they are sponsoring in order to make South Bend a better place to live. There being no further business to come before the Council, unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Puzzello. The motion carried and the meeting was adjourned at 7:50 p.m. ATTEST: �v City Clerk APPROVED: esi ent REG_ULAR_lEETING _ ALLGIJGT 22 1 aBB Corby, questioned the Controller's budget. Council Member Voorde made a motion to continue this hearing in the Council portion until August 29, at the advertised time, seconded by Council Member Niezgodski. The motion carried. BILL NO. 72 -88 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1989. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathrine Humphreys, Controller, made the presentation for the bill. She indicated this bill sets the tax rate for the Civil City. She indicated the rate is set for a variety of funds for which we levy property taxes. She indicated the total tax rate as advertised is 9.1945 per hundred. She indicated that rate is much higher than anticipated. She indicated the tax rate is dependent upon the assessed valuation, and that is not known until sometime in October when the State Tax Commissioners review the final budget. Joseph Guentert, 3510 Corby, indicated there should be a better way of setting the tax rate rather than waiting until October. The Council attorney, Kathleen Cekanski - Farrand asked if there were any amendments to this bill, and Ms. Humphreys indicated there were none. Council Member Niezgodski made a motion to continue this bill in the Council portion on August 29 at the advertised time, seconded by Council Member Puzzello. The motion carried. BILL NO. 73 -88 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE PARKING GARAGE FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1989 AND ENDING DECEMBER 31, 1989, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING AND TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leisenring, Deputy Controller, made the presentation for the bill. He indicated this budget is based on the operating expenses for the two present garages, as well as the new garage being built. He indicated this budget is $671,123 and us funded through revenue generated by the parking garages and parking tickets. Council Member Voorde made a motion to continue public hearing on this bill in the he Council portion until August 29 at the advertised time, seconded by Council Member Coleman. The motion carried. BILL NO. 74 -88 A BILL AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "TRUCK ROUTES ". 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 Zakrzewski indicated the Public Works Committee had met on this bill and recommended it to the Council favorably, as amended. Council Member Zakrzewski made the presentation for the bill. He indicated the bill should be amended in Section 20 -106 by changing the length of the truck from 25' to 22'; and in Section 20 -108 (a) after "necessary emergency mechanical repairs" change the period to a semicolon and add " or if for safety reasons upon the approval of the city engineer and the police department." Council Member Voorde made a motion to accept the amendments, seconded by Council Member Coleman. The motion carried. Council Member Zakrzewski indicated this bill changes the length of a truck from twenty feet to twenty -two feet or more, or a vehicle over eleven thousand gross vehicle weigh; adds a new paragraph regarding vehicles manufactured, assembled or modified on a commercial or military basis being operated in the City; and adds Logan /Hickory from McKinley to Lincolnway East (U.S.33) as a truck route. Robert Sharp, 1356 Sunnymede, indicated they trucking industry needed more leeway regarding truck routes in the City. Wayne Ellis, Business Manager for Teamsters Local 3645, indicated there was a problem in the City with designated truck routes. He asked that the trucking industry be considered when amending this bill. Vernon Dillman, 406 Meade Road, Niles, indicated they are trying to cooperate regarding the truck routes, but there are problems. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. Council Member Voorde withdrew his second, and made a motion to recess, seconded by Council Member Luecke. The motion carried and the meeting was recessed at 8:10 p.m., and reconvened at 8:17 p.m. Council Member Niezgodski withdrew his motion. Council Member Zakrzewski asked the Council to continue this bill until September 12 meeting of the Council. Council Member Luecke made a motion to continue, seconded by Council Member Niezgodski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Soderberg made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: hairman 6w NS Oz 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 p.m. Council Vice President Puzzello presiding and nine members present. BILLS, THIRD READING ORDINANCE NO.7906 -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. This bill had third reading. Council Member made a motion to pass this bill, seconded by Council Member The bill passed by a roll call vote of nine ayes. ORDINANCE NO.7906 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH -SOUTH ALLEY EAST OF BENDIX DRIVE, RUNNING SOUTH FROM BONDS AVENUE FOR A DISTANCE OF APPROXIMATELY 114.93 FEET. This bill had third reading. Council Member made a motion to pass this bill, seconded by Council Member . The bill passed by a roll call vote of nine ayes. Council Member Voorde made a motion to combine public hearing on the next two resolutions, seconded by Council Member Zakrzewski. The motion carried. Council Member Luecke indicated the Human Resources Committee recommended these resolutions favorably to the Council. 88 -56 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 601 WEST BROADWAY STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 6 YEAR REAL PROPERTY TAX ABATEMENT FOR ALLIED PRODUCTS CORPORATION. RESOLUTION NO. 1636 -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 601 WEST BROADWAY STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ALLIED PRODUCTS CORPORATION 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 601 West Broadway Street, South Bend, Indiana and which is more particularly described as follows: Two parcels of land being parts of the Northeast Quarter of Section 14, Township 37 North, Range 2 East, in the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: All of Lots Numbered Thirty -six (36) and Thirty -seven (37) in Samuel Stull's Second Addition to the City of South Bend, Indiana; ALSO, that part of said quarter- section more particularly described as commencing at the Southeast corner of Tract No. 4 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 North 0 °14100" West (bearing assumed) along the East line of said Tract No. 4 a distance of 247.35 feet to the point of beginning for this description; thence South 89 °22'40" West along the South line of Broadway Street projected westerly a distance of 618.58 feet to the Southeast corner of a tract of land described in a deed to Allied Products Corp. and recorded in Deed Record 649, pages 497 -503 in said Office of the Recorder; thence North 0 °01'19" East along the East line of said tract a distance of 1165.66 feet; thence North 89 °55'34" West along the North line of said tract a distance of 279.27 feet to a Southeasterly corner of a tract of land described in a deed to Cummins Engine Company, Inc., and recorded in Deed Record 650, pages 173 -183 in said Office of the Recorder; thence North 0 °04126" East along an East line of said tract a distance of 145.04 feet to the Southwest corner of a parcel of land described in a deed to Indiana and Michigan Electric Company recorded in Deed Record 652, pages 427 -433 in said Office of the Recorder; thence South 89 °50126" East, along the South line of said parcel, a distance of 100.00 feet; thence North 0 °04126" East, along the East line of said parcel and an East line of a tract described in a deed to South Bend Lathe, Inc. recorded in Deed Record 659, pages 637 -640, a distance of 120.28 feet; thence South 89 °53136" East along a South line of said tract a distance of 647.32 feet; thence South 12 °18150" East along a Westerly line of said tract a distance of 162.12 feet to a point; thence North 89 °55'21" East along a South line of said tract a distance of 230.50 feet to the West line of Franklin Street; thence South 0 °21155" East along said West line of Franklin Street a distance of 374.67 feet to the South line of South Bend City Addition, as recorded in Plat Book 2, page 4 in said Office of the Recorder; thence South 0 °05'20" East along the West line of Franklin Street a distance of 17.35 feet; thence South 88 °58145" West distance of 121.36 feet to the East line of said Tract No. 4; thence South 0 °14100" East along said East line a distance of 870.90 feet to the point of beginning. Parcel 1: 4 EGU_LAR__MERTING AUGUST A part of the N.E. 1/4 of Section 14, Twp. 37 N., R. 2 E., more particularly described as follows: Commencing at the intersection of the North Line of the Michigan Central Railroad Right -of -Way and the East Line of Kendall Street, said point being the Southwest corner of Tract No. 4 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 North along the East line of Kendall Street a distance of 233.93 feet to the intersection of said East line of Kendall Street with the South line of Broadway Street projected West; thence No. 89 °22'40" E. along said South line of Broadway Street projected West, a distance of 149.32 ft. to the Point of Beginning; thence continuing No. 89 °22'40" E. along said South - line of Broadway Street projected west a distance of 505.85 ft. to a point; thence No. 00 °01'19" E. a distance of 1165.66 ft. to a point; thence No. 89 °5513411 W. a distance of 506.27 ft. to a point; thence S. 00 °00100" E. a distance of 1171.80 ft. to the point of beginning. Parcel 2: (a) Easement for the purpose of vehicular and pedestrian ingress and egress to and from Parcel 1, described as follows: A part of the Northeast Quarter of Section 14, Township 37 North, Range 2 East, more particularly described as follows: Commencing at the intersection of the North line of the Michigan Central Railroad Right -of -Way and the East line of Kendall Street, said point being the Southwest corner of Tract No. 4 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 North along the East line of Kendall Street a distance of 233.93 ft. to the intersection of said East line of Kendall Street with the South line of Broadway Street projected West; thence No. 89 °22'40" E. along said South line of Broadway Street projected West a distance of 655.17 feet for a point of beginning; thence continuing N. 89 °22140" E. along said South line of Broadway Street projected West a distance of 736.86 ft. to the West line of Franklin Street; thence Northerly along the said West line of Franklin Street a distance of 74.25 ft. to its intersection with the North line of Broadway Street projected West; thence S. 89 °22140" W. along the said North line of Broadway Street projected West a distance of 736.82 ft. to a point; thence S. 00°01119" W. a distance of 74.26 ft. to the point of beginning. (b) Easement for storm and sanitary sewer drainage purposes from Parcel 1, described as follows: A part of the Northeast Quarter (1/4) of Section 14, Township 37 North, Range 2 East, more particularly described as follows: Beginning at a point 1,402.35 feet North and 149.69 feet East of the S.W. corner of Tract No. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, Page 184 in the Office of the Recorder of St. Joseph County, Indiana, said line being also the intersection of the North Line of the Michigan Central Railroad right -of -way and the East line of Kendall Street; thence S. 00 °00100" E. a distance of 20.00 feet to a point; thence N. 89 °55134" W. a distance of 203.89 feet to a point; thence N. 00 °00100" E. a distance of 179.52 feet to a point; thence N. 88 °30158" W. a distance of 298.17 feet to the Easterly line of Prairie Avenue, said line being also the Westerly line of Tract No. 4 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 N. 28 °14142" E. along said Easterly line of Prairie Avenue a distance of 22.40 feet to a point; thence S. 88 °30158" E. a distance of 307.59 feet to a point; thence S. 00 °00100" E. a distance of 179.03 feet to a point; thence S. 89 °55134" E. a distance of 183.86 feet to the point of beginning. Also a part of the N.E. 1/4 of Section 14, Twp. 37 N., R. 2 E., more particularly described as follows: Beginning at a point 298.27 feet North and 149.69 feet East of the S.W. corner of tract No. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, Page 184 in the Office of the Recorder of St. Joseph County, Indiana, said line being also the intersection of the North line of the Michigan Central Railroad right -of -way and the East line of Kendall Street; thence N. 00 °00100" E. a distance of 20.00 feet to a point; thence N. 89 °44151" W. a distance of 149.18 feet to the E. line of Kendall Street, said line being also the Westerly line of Tract No. 4 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 Southerly along the said E. line of Kendall Street a distance of 20.00 feet to a point; thence S. 89 °44151" E. a distance of 149.21 feet to the point of beginning. (c) Easement for use of railroad purposes to and from Parcel 1, described as follows: A part of the Northeast Quarter (1/4) of Section 14, Township 37 North, Range 2 East, more particularly described as follows: REGULAR MEETING AUGUST 22, 1988 Beginning at the intersection of the North line of the Michigan Central Railroad right -of -way and the East line of Kendall Street, said point being the S.W. Corner of Tract No. 4 of the Studebaker Corporation Replat, as recorded in the Plat Book 11, page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence North along the East line of Kendall Street a distance of 29.90 feet for a point of beginning; thence continuing North on the said East line of Kendall Street a distance of 25.00 feet; thence No. 89 °40'37" E. a distance of 41.80 feet to the point of curvature of a curve concave to the Northwest and having a central angel of 77 °11129" and a radius of 233.09 feet; thence Northeasterly along said curve an arc distance of 314.03 feet to the South line of Broadway Street projected West; thence N. 89 °22140" E. along said South line a distance of 34.50 feet to its intersection with a curve concave to the Northwest and having a central angle of 20 °12158" and a radius of 360.95 feet; thence Southwesterly along said last described curve an arc distance of 127.36 feet to the point of compound curvature with a curve concave to the Northwest and having a central angle of 20 °12100" and a radius of 258.09 feet; thence Southwesterly along said last described curve an arc distance of 91.21 feet to its intersection with a curve concave to the Northwest and having a central angle of 9 °29112" and a radius of 716.78 feet; thence Northeasterly along said last described curve an arc distance of 118.68 feet to the point of compound curvature with a curve concave to the Northwest and having a central angle of 35 °45'48" and a radius of 270.30 feet; thence Northeasterly along said last described curve an arc distance of 168.72 feet to the aforesaid South line of Broadway Street projected West; thence N. 89 °22140" E. along said South line a distance of 27.40 feet to its intersection with a curve concave to the Northwest and having a central angle of 28 °36'51" and a radius of 295.30 feet; thence Southwesterly along said last described curve an arc distance of 147.48 feet to its intersection with a line having a bearing of N. 67 °22140" E.; thence N. 67 °22140" E. along said line a distance of 183.62 feet to the point of curvature of a curve concave to the Northwest and having a central angle of 10 °09121" and having a radius of 347.70 feet; Northwesterly along said last described curve an arc distance of 61.63 feet to the aforesaid South line of Broadway Street projected West; thence N. 89 °22140" E. along said South line a distance of 67.07 feet; thence S. 67 °22140" W. a distance of 294.02 feet to the point of curvature of a curve concave to the Northwest and having a central angle of 27 °17157" and a radius of 658.57 feet; thence Southwesterly along said last described curve an arc distance of 313.92 feet to the point of tangency of said curve; thence S. 89 °40137" W. a distance of 53.02 feet to the point of beginning. All of the foregoing being situated in the City of South Bend, County of St. Joseph, State of 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 see., 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 sec., and South Bend Municipal Code section 2 -76, et sec., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et se q., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et se q., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: 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 see., and South Bend Municipal Code section 2 -76, et see., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seg., and qualifies under -55 _ US,AR_MEETING AriGUST -?2 1QRR the provisions of South Bend Municipal Code Section 2 -76, et sec., 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 rehabilitations; 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 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 I through II of the Petition for Personal 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 -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 resolutions at this time. Ernest Szarwark, attorney, made the presentations for the resolutions. He indicated Allied Stamping Division plans to renovate the exterior and interior of their building, as well as expand the office. He indicated that additionally, they plan to upgrade the equipment. He indicated they are facing mounting competition. He indicated the purpose of this project is to obtain certification as a preferred supplier to the Big 3 auto makers by improving capacity and quality. He indicated such certification will assure continued operations in South Bend. He indicated this project will save approximately 400 existing jobs. Council Member Luecke made a motion to continue Resolution 88 -56, until September 12 in the Council portion, seconded by Council Member Voorde. The motion carried. Council Member Luecke made a motion to adopt Resolution No. 1636 -88, seconded by Council Member Voorde. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1637 -88 INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA RELATING TO AN APPLICATION BY ALLIED PRODUCTS CORPORATION FOR THE ISSUANCE OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS STATEMENT OF PURPOSE AND INTENT: At the present time there are insufficient employment and business opportunities and insufficient diversification of business, commerce and industry in and near the City of South Bend, Indiana (the "City "). The economic welfare of the City would be benefited by the acquisition and rehabilitation of economic development facilities within the corporate limits of the City pursuant to the provisions of Indiana Code 36 -7 -11.9 and -12 (the "Act "). x, r�> REGULAR MEETING AUGUST 22, 1988. _ Allied Products Corporation ( "Applicant ") proposes to acquire and rehabilitate economic development facilities in South Bend, Indiana, as defined in the Act, and has requested that the City finance costs of such economic development facilities pursuant to the Act. The South Bend Economic Development Commission has received an application by Applicant for the issuance of City of South Bend Economic Development Revenue Bonds in the approximate principal amount of Five Million Two Hundred Fifty Thousand Dollars ($5,250,000.00) with the terms of repayment to be determined by market rates at the time the bonds are sold, and the proceeds of the bonds will be used to modernize, rehabilitate and generally improve an existing facility to be used as a manufacturing facility located at 601 West Broadway Street, South Bend, Indiana, and to acquire and rehabilitate machinery and equipment for use in said facility, resulting in the preservation of approximately 400 jobs. NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: Section 1. The projects constitutes economic development facilities which shall be financed by the City through the issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately Five Million Two Hundred Fifty Thousand Dollars ($5,250,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. Section 2. The proposed financing will be of benefit to the economic health and general welfare of the City and will comply with the purposes and provisions of the Act. Section 3. The Applicant and the City may proceed with the proposed project in reliance upon this resolution. Section 4. That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such bonds, and the South Bend Economic Development Commission and the City of South Bend, Indiana, their officers and agents, shall not incur any liability if for any reason the proposed issuance of such bonds is not consummated. This Inducement 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 recommended this resolution favorably. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated this project consists of modernization and rehabilitation of the existing facility and acquisition and rehabilitation of machinery and equipment at that facility. He indicated this will assist in Allied's efforts to attain preferred supplier status with the major automobile manufacturers. He indicated 400 jobs will be retained at this location. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR A SECTION 108 LOAN GUARANTEE UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for a Section 108 Loan Guarantee under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, proceeds from this loan will be used for various redevelopment activities within the West Washington- Chapin Development Area as outlined in the "Final Statement of Section 108 Loan Guarantee Objectives and Projected Use of Funds;" and WHEREAS, the redevelopment of the West Washington- Chapin Development Area will be greatly facilitated by the receipt of proceeds available through a Section 108 Loan Guarantee. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to submit the Section 108 Loan Guarantee Application to the United States Government under Title I of the Housing and Community Development Act of 1974, as amended. RM SECTION II. That the Common Council of the City of South Bend, Indiana hereby requests that the Mayor submit the Section 108 Loan Guarantee Application to the Common Council for review and comment prior to the date upon which the Section 108 Loan Guarantee Application must be filed with the Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Section 108 Loan Guarantee funds received upon approval of this application. SECTION IV. That 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 gave this resolution a favorable recommendation. David Norris, project manager for the West Washington Neighborhood Revitalization Area, made the presentation for the resolution. He indicated funds from this loan will be used for various Redevelopment activities within the West Washington- Chapin Development Area as outlined in the Final Statement of Section 108 Loan Guarantee Objectives and Projected Use of Funds. Carl Works, 128 South St; Charlotte Pfeifer, 330 Birdsell; Dr. Milton Butz, 118 N. Walnut; spoke in favor of this resolution. Council Member Niezgodski made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1639 -88 A RESOLUTION CLOSING PROJECT CS816 BOWMAN CREEK SEWER PROJECT WITHIN HE CUMULATIVE SEWER BUILDING AND SINKING FUND. WHEREAS, the City of South Bend through the Department of Public Works has completed project CS816, Bowman Creek Sewer, within the Cumulative Sewer Building and Sinking Fund. It has been determined that monies previously appropriated for this project were higher than necessary. Deductions in appropriations must be made to close out the completed project. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. appropriation for the Bowman Creek Sewer Project is hereby decreased for the purpose of closing out said project. Project No. Project Title Amount 816 Bowman Creek Sewer $46,603.58 Total Reduction $46,603.58 SECTION II. That 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. John Leszczynski, Director of Public Works, made the presentation for the resolution. He indicated this project has been completed and the funds remaining should revert back to the Cumulative Sewer Building and Sinking Fund. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING I ORDINANCE NO. 7908 -88 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A DEDICATED BUT UNIMPROVED STREET WITHIN THE CITY OF SOUTH BEND, INDIANA KNOWN AS CLARK DRIVE. This bill had first reading. Council Member Slavinskas made a motion to suspend the rules and have public hearing and third reading on the bill, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas indicated the Zoning and Vacation Committee recommended this bill to the Council favorably. Peter Nemeth, attorney, made the presentation for the bill. He indicated they were requesting the vacation of this unimproved street for a prospective purchaser of this property. He indicated that the adjoining property owner, Clark Information Technologies, has joined in this petition for vacation. Kevin Hughes, Project Future, indicated they supported this vacation, as they have r, • been working, with the prospective buyer, to bring the company into this community. 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. BILL NO. 76 -88 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing September 12, and refer it to the Zoning and Vacation Committee, seconded by Council Member Slavinskas. The motion carried. BILL NO. 77 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON IVY ROAD, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Slavinskas made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 78 -88 A BILL DECREASING AN APPROPRIATION FOR PROJECT CS 821, IRELAND - IRONWOOD RETENTION POND, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing September 12, and refer it to the Public Works Committee, seconded by Council Member Slavinskas. The motion carried. UNFINISHED BUSINESS Council Member Puzzello indicated the August 29 meeting would be held at 4:30 p.m. PRIVILEGE OF THE FLOOR Joseph Guentert, 3510 Corby, spoke regarding compost. Robert Watkins, South Bend Citizens United, spoke regarding the Scattered Sites Housing Program. He asked that funds to maintain these houses be included in the budget. Max Moore, 602 Harrison, spoke regarding landlords in the City rating their homes as to the condition. There being no further business to come before the Council, unfinished or new, Council Member Voorde made a motion to adjourn, seconded by Council Member Coleman. The motion carried and the meeting was adjourned at 9:15 p.m. ATTEST City Clerk APPROVED: o -' (L I Press ent