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HomeMy WebLinkAbout10-24-88 Council Meeting Minutes4 REGULAR REGULAR MEETING OCTOBER 24, 1988 Be it remembered that the Common Council of the CitV of South Bend met in the Council Chambers of the County -City Building on Monday, October-24f-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 October 10 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 October 10, meeting of the Council be accepted and placed on file, seconded by Council Member Slavinskas. The motion carried. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Niezgodski. 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 October 24, at 7:06 p.m., with nine members present. Chairman Zakrzewski presiding. 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 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 favorable. Kevin Joyce, Area Plan, gave the staff report, which was favorable. John Ford, attorney, made the presentation for the bill. He indicated they were requesting this rezoning to allow for future parking for the clinic. He indicated the alley will remain open for residents in the area. 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 Voorde made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 89 -88 A BILL VACATE THE FOLLOWING DESCRIBED PROPERTY; THE FIRST 14 FOOT WIDE EAST -WEST ALLEY NORTH OF COLFAX AVE., WEST FROM BRIDGE STREET (VACATED) FOR A DISTANCE OF APPROXIMATELY 66 FEET. ALL BEING IN A PART OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW A PART OF 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 favorable. Jeffrey Reece, a representative of I &M, made the presentation for the bill. He indicated I &M's records indicated this alley was vacated in the late 1920s. Subsequently a portion of a building was erected upon said alley, however, said vacation cannot be verified with the City. He indicated they were petitioning to re- vacate said alley in order to establish a record of same. Council Member Slavinskas made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. BILL NO. 82 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14, BY THE INCLUSION OF NEW SECTION 2 -169 ENTITLED NON - REVERTING MAINTENANCE 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 Duda indicated the Residential Neighborhood and Personnel & Finance Committees recommended substitute version 1 be sent to the Council with a favorable recommendation, as amended. Council Member Puzzello 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 made the presentation for the bill. He indicated this amended bill would be a non - reverting fund and $20,000 per year would be put into the fund until it reaches a maximum of $100,000. He indicated the moneys would be loaned to the Housing Authority for maintenance needs on scattered sites housing. He indicated this fund will include all scattered sites housing. Jan Harman, 1914 �W:c. E. Ewing, spoke in favor of this bill. Joseph Guentert, 3510 Corby, spoke in opposition to the bill. Robert Watkins, 2006 Thornhill, indicated he had reservations about this bill. Council Member Luecke made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 87 -88 A BILL TRANSFERRING $12,920.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke indicated the Human Resources Committee recommended this bill to the Council favorable. Beth Leonard, Director of Financial and Program Management for Economic Development, made the presentation for the bill. She indicated this transfer would increase the West Washington- Chapin housing funds available in the Housing Rehab Fund. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 90 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 1, CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY REFERRED TO AS "THE COMMON COUNCIL" 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 indicated the Rules Committee had met on this bill and recommended it to the Council favorable. 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 made the presentation for the bill. She indicated this bill was a housekeeping measure. She indicated she felt the terms Councilman, Councilmen, and Chairman should be eliminated, and this bill substitutes the terms Council Member, Council Members and Chair Person. Hildegard Schweizer, 1440 E. LaSalle; Pat Miller, 1630 Twyckenham; Rhoda Bradshaw, a representative of NOW; Phyllis Luckert, 221 Marquette, a representative of the Working Women's Coalition; Hancy Hanson, 1800 E. Miner; Ernest Dixon 2706 Wall; Glendarae Hernandez, 702 E. South, a representative of the Women's Concerns Committee of the Human Rights Commission; Sabrina McQueen, 1125 Diamond; spoke in favor of this bill. Council Member Voorde read a letter from the American Association of University Women, in favor of this bill. Council Member Coleman read a letter from the League in Action for Women, in favor of this bill. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. There being no further business to come before Member made a motion to rise and report to the . The motion carried. ATTEST: City Clerk the Committee of the Whole, Council Council, seconded by Council Member Council Member Coleman made a motion to rise and Council Member Niezgodski. The motion carried. REGULAR MEETING RECONVENED ATTEST: Chairman report t the C ncil, seconded by Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:06 p.m. Council President Voorde presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 7925 -88 AN ORDINANCE 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 third reading. Council Member Niezgodski 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 Niezgodski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7926 -88 AN ORDINANCE VACATE THE FOLLOWING DESCRIBED PROPERTY; THE FIRST 14 FOOT WIDE EAST -WEST ALLEY NORTH OF COLFAX AVE., WEST FROM BRIDGE STREET (VACATED) FOR A DISTANCE OF APPROXIMATELY 66 FEET. ALL BEING IN A PART OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA. This bill had second 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. FEM ORDINANCE NO. 7927 -88 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14, BY THE INCLUSION OF NEW SECTION 2 -169 ENTITLED NON - REVERTING MAINTENANCE FUND. 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 nay (Council Member Niezgodski). ORDINANCE NO. 7928 -88 AN ORDINANCE TRANSFERRING $12,920.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had second reading. Council Member Luecke 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. 7929 -88 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 1, CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY REFERRED TO AS "THE COMMON COUNCIL" This bill had second 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 Zakrzewski. The bill passed by a roll call vote of eight ayes and one nay (Council Member Soderberg.) RESOLUTIONS 88 -68 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 108 NORTH MAIN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 6 YEAR REAL PROPERTY TAX ABATEMENT FOR JMS BUILDING REHABILITATION. Council Member Luecke made a motion to continue this resolution indefinitely, seconded by Council Member Zakrzewski. The motion carried. Council Member Slavinskas made a motion to combine public hearing on the next two resolutions, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 1656 -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 400 WEST SAMPLE STREET, SOUTH BEND, INDIANA 46625, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND LATHE, INC. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 400 West Sample Street, South Bend, Indiana 46625, and which is more particularly described as follows: A parcel of land being part of the Northeast Quarter of Section 14, Township 37 North, Range 2 East of the Second Principal Meridian, and being more particularly described as follows, viz: Beginning at the Northwest 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 South 89 51' 46" East, along the North line of said Tract No. 4, said line being also the South Right -of -Way line of Sample Street, a distance of 1200.01 feet to a point 241.64 feet North 89 51' 46" West of the West Right -of -Way line of Franklin Street, said point being on the Northerly projection of the West wall line of a building; thence South 0 211 18" East, along said projection and along said West wall line, a distance of 421.71 feet to an angle point; thence South 27 52' 38" East, along a wall line, a distance of 27.70 feet to an angle point; thence North 89 38' 42" East, along a wall line, a distance of 132.73 feet to a point 96.19 feet South 89 38' 42" West of the West Right -of -Way of Franklin Street; thence South 0 21' 55" East, parallel with the West Right -of -Way of Franklin Street, a distance of 160.27 feet to a point 96.18 feet South 89 55' 21" West of said West Right -of -Way of Franklin Street; thence South 89 55' 21" West, a distance of 134.32 feet to a point; thence North 12 19' 39" West, a distance of 162.12 feet to a point; thence North 89 51' 39" West, a distance of 647.32 feet to a point; thence South 0 04' 26" West, a distance of 28.28 feet to a point; thence North 89 50' 26" West, a distance of 100.00 feet to a point; thence South 0 04' 26" West, a distance of 62.99 feet to a point; thence North 88 32' 07" West, a distance of 443.76 feet to a point; thence North 0 07' 13" East, a distance of 83.15 feet to a point on a non - tangent curve which is convex to the Southwest; thence Northwesterly along said curve, having a radius of 323.50 feet and a central angle of 34 37' 1711, an arc distance of 195.48 feet to the point of tangency on said curve; thence North 3 53' 00" West, a distance of 13.87 feet to a point; thence North 61 39` 41" West, a distance of 169.36 feet to the Easterly Right -of -Way line s of Chapin Street; thence North 5 571 39" East, along said Easterly Right -of -Way line, a distance of 29.04 feet to an angle point; thence continuing along said N D{.vY.� -i.F -4TH.. l i re nrth n 1 n 1 1111 41cc} °- . Ai f Al n7 Fcc+ to . said curve, having a radius of 94.48 feet and a central angle of 88 001 4011, an arc distance of 145.13 feet to the point of tangency of said curve, said point being on the South Right -of -Way line of Sample Street; thence North 87 501 07" East, along said South Right -of -Way line, a distance of 135.89 feet to the place of beginning, being designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 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 other information regarding the area in question as required by law; and boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2.76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the 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 sections 1 through 11 of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for 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 ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, said publication providing notice of 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 94y_1998 I RESOLUTION NO. 1657 -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 400 WEST SAMPLE STREET, SOUTH BEND, INDIANA 46625, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND LATHE, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 400 West Sample Street, South Bend, Indiana 46625, and which is more particularly described as follows: A parcel of land being part of the Northeast Quarter of Section 14, Township 37 North, Range 2 East of the Second Principal Meridian, and being more particularly described as follows, viz: Beginning at the Northwest 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 South 89 51' 46" East, along the North line of said Tract No. 4, said line being also the South Right -of -Way line of Sample Street, a distance of 1200.01 feet to a point 241.64 feet North 89 51' 46" West of the West Right -of -Way line of Franklin Street, said point being on the Northerly projection of the West wall line of a building; thence South 0 21' 18" East, along said projection and along said West wall line, a distance of 421.71 feet to an angle point; thence South 27 52' 38" East, along a wall line, a distance of 27.70 feet to an angle point; thence North 89 38' 42" East, along a wall line, a distance of 132.73 feet to a point 96.19 feet South 89 38' 42" West of the West Right -of -Way of Franklin Street; thence South 0 21' 55" East, parallel with the West Right -of -Way of Franklin Street, a distance of 160.27 feet to a point 96.18 feet South 89 55' 21" West of said West Right -of -Way of Franklin Street; thence South 89 55' 21" West, a distance of 134.32 feet to a point; thence North 12 19' 39" West, a distance of 162.12 feet to a point; thence North 89 51' 39" West, a distance of 647.32 feet to a point; thence South 0 04' 26" West, a distance of 28.28 feet to a point; thence North 89 50' 26" West, a distance of 100.00 feet to a point; thence South 0 04' 26" West, a distance of 62.99 feet to a point; thence North 88 32' 07" West, a distance of 443.76 feet to a point; thence North 0 07' 13" East, a distance of 83.15 feet to a point on a non - tangent curve which is convex to the Southwest; thence Northwesterly along said curve, having a radius of 323.50 feet and a central angle of 34 37' 1711, an arc distance of 195.48 feet to the point of tangency on said curve; thence North 3 53' 00" West, a distance of 13.87 feet to a point; thence North 61 39' 41" West, a distance of 169.36 feet to the Easterly Right -of -Way line of Chapin Street; thence North 5 57' 39" East, along said Easterly Right -of -Way line, a distance of 29.04 feet to an angle point; thence continuing along said Easterly Right -of -Way line, North 0 10' 33" West, a distance of 43.02 feet to a point of tangency for a curve convex to the Northwest; thence Northeasterly along said curve, having a radius of 94.48 feet and a central angle of 88 00' 4011, an arc distance of 145.13 feet to the point of tangency of said curve, said point being on the South Right -of -Way line of Sample Street; thence North 87 50' 07" East, along said South Right -of -Way line, a distance of 135.89 feet to the place of beginning, being designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 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 other information regarding the area in question as required by law; and 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 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; 404 REGULAR ME X 0--CMOB 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 sections 1 through 11 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 -3 of the Indiana Code. SECT10N IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of personal 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 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. Council Member Luecke indicated the Human Resources Committee had met and recommended these resolutions to the Council favorable. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Kenneth Fedder, attorney, made the presentation for the resolutions. He indicated South Bend Lathe had recently been purchased by John Van Otterloo. He indicated the existing building needs to be renovated to include a new roof, new windows, insulation and general overall maintenance. He indicated they are also contemplating purchasing approximately $5 million in new equipment to replace the old and outdated equipment, in order to remain competitive in the market. Council Member Luecke made a motion to adopt Resolution No. 1656 -88, as amended, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 1657 -88, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Puzzello made a motion to combine public hearing on the next two resolutions, seconded by Council Member Slavinskas. The motion carried. RESOLUTION NO. 1658 -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 TECHNOLOGY DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR GORDON PLASTICS, INC. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as Technology Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the north half of Section 19, Township 38 North, Range 2 East, City of South Bend, German Township, St. Joseph County, Indiana, said tract more particularly described as follows: Commencing at the North Quarter corner of said Section 19; thence South 00 °54138" East, on and along the North centerline of said Section 19, 110.75 feet to the South right -of -way line of Brick Road; thence North 88 °47124" West, along said South line, 519.31 feet; thence South 00 °54138" East, 1002.25 feet; thence North 89 °55136" East, 18.97 feet; thence South 00 °54138" East, 311.85 feet to the true Place of Beginning, said Point being the Southwest corner of Lot 10 as shown on the recorded Plat of Landmark Business Park, Em jJLAR MF =N-G _QCTOBER-- 2-4_ -lg$$ _ Section Four, Part One, and recorded as Instrument No. 8614459 in the Office of the Recorder of St. Joseph County, Indiana; thence South 89 °43100" West, 156.38 feet, thence South 00 °54138" East, 371.47 feet; North 89 °43100" East, 586.94 feet to a point on the West Line of Technology Drive, said point being on a 70.00 foot radius curve; thence along said curve to the right through a central angle of 07 °19'19 ", a chord length of 8.94 feet which bears North 04 °31'34" West, an arc distance of 8.95 feet to the P.T. of said curve; thence North 00 °54'38" West, along the West line of Technology Drive, 362.56 feet to the Southeast corner of Lot 10 of aforesaid Landmark Business Park, Section Four, Part One; thence South 89 °43'00" West, along the South line of said Lot 10, 430.00 feet to the Place of Beginning. Said tract contains 5.000 acres, more or less. being designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 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 other information regarding the area in question as required by law; and boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2.76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the 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 sections 1 through 11 of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for 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 ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, said publication providing notice of 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. J REGULAR MEETING OCTOBER 24 1988 /s/ John Voorde Member of the Common Council RESOLUTION NO. 1659 -88 A RESOLUTION OF THE COMMON BEND, INDIANA, DESIGNATING CITY OF SOUTH BEND COMMONU AN ECONOMIC REVITALIZATION YEAR PERSONAL PROPERTY TAX PLASTICS, INC. COUNCIL OF THE CITY OF SOUTH CERTAIN AREAS WITHIN THE Z KNOWN AS TECHNOLOGY DRIVE, AREA FOR PURPOSES OF A 5 ABATEMENT FOR GORDON WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as Technology Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the north half of Section 19, Township 38 North, Range 2 East, City of South Bend, German Township, St. Joseph County, Indiana, said tract more particularly described as follows: Commencing at the North Quarter corner of said Section 19; thence South 00 °54138" East, on and along the North centerline of said Section 19, 110.75 feet to the South right -of -way line of Brick Road; thence North 88 °47'24" West, along said South line, 519.31 feet; thence South 00 °54'38" East, 1002.25 feet; thence North 89 °55136" East, 18.97 feet; thence South 00 °54138" East, 311.85 feet to the true Place of Beginning, said Point being the Southwest corner of Lot 10 as shown on the recorded Plat of Landmark Business Park, Section Four, Part One, and recorded as Instrument No. 8614459 in the Office of the Recorder of St. Joseph County, Indiana; thence South 89 °43'00" West, 156.38 feet, thence South 00 °54138" East, 371.47 feet; North 89 °43'00" East, 586.94 feet to a point on the West Line of Technology Drive, said point being on a 70.00 foot radius curve; thence along said curve to the right through a central angle of 07 °19119 ", a chord length of 8.94 feet which bears North 04 °31'34" West, an arc distance of 8.95 feet to the P.T. of said curve; thence North 00 °54138" West, along the West line of Technology Drive, 362.56 feet to the Southeast corner of Lot 10 of aforesaid Landmark Business Park, Section Four, Part One; thence South 89 °43100" West, along the South line of said Lot 10, 430.00 feet to the Place of Beginning. Said tract contains 5.000 acres, more or less. being designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 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 other information regarding the area in question as required by law; and 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 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. REGULAR-MEETING nrmnRFR �d_i9gg 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 sections 1 through 11 of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of personal 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 five (5) 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 these resolutions and recommended them favorable. Larry Dawson, General Manager, of Gordon Plastics, made the presentation for the resolutions. He indicated they planned to construct a facility in the Airport Industrial Park. He indicated they manufactured custom plastics through the use of plastic molding presses and related equipment. Kevin Hughes, Project Future, spoke in favor of these abatements. Council Member Zakrzewski made a motion to adopt Resolution No. 1658 -88, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 1659 -88, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1650 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 1305 PRAIRIE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND SCRAP AND PROCESSING DIVISION 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 1305 Prairie, and which is more particularly described as follows: A parcel of land being a part of the North Half of Section 14, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being more particularly described as follows: Commencing at a point in the West line of Prairie Avenue, 45.00 feet South by rectangular measurement, from the South line of Garst Street in said City: thence South 280 °16' -39" West, along said West line of Prairie Avenue, a distance of 945.84 feet to the place of beginning for this description; thence continuing South 28 °16' 39" West, along said West line of Prairie Avenue, a distance of 90.00 feet to the Northerly line of a parcel of land conveyed to L @ A Enterprises by deed recorded as instrument number 8218566 in the office of the Recorder of St. Joseph County, Indiana; thence North 61 °44'13" West, along said Northerly line, a distance of 370.15 feet to the Westerly line of said L & A Enterprises tract of land; thence South 28 °10118" West, along said Westerly line, the Westerly line of a parcel of land conveyed to L & A Enterprises by deed recorded as instrument numbered 8218567, a distance of 240.00 feet to an angle point, thence South 28 °48'14" West along the Westerly line of a parcel of land conveyed to Indiana Bell Telephone Company, Inc. by deed recorded in Book 665, Page 463 in said Recorder's Office and its Southerly projection a distance of 313.61 feet; thence South 59 °- 05' -32" West, a distance of 325.48 feet; thence South 00- 39'44" West, a distance of 7.30 feet; thence North 84 °- 35' -10" West a distance of 56.24 feet to a point of curvature; thence Southwesterly along a curve to the left having a radius of 523.66 feet, a central angle of 18 °- 38' -47" and limited in length by a chord of 169.67 feet that bears South 860.051.27" West to a point of tangency; thence South 760- 46' -03" West a distance of 175.60 feet to a point on a non - tangent curve; thence Northeasterly along a curve to the left having a radius of 272.37 feet, a central angle of 700-56' 52" and limited in length by a chord of 316.13 feel that bears I'm u I of VA 0 4 • • ' R' I 14 DRili ".I North 35° 35' 57" East to a point of tangency; thence North 0 ° -07' 28" East, a distance of 1 108.76 feet; thence North 67 °- 39' -57" East, a distance of 330.91 feet; thence South 89° 58' 01 ", East a distance of 398.62 feet; thence South 890 - 581.10" East, a distance of 307.58 feet; thence South 89 °46' 31" East a distance of 582.58 feet; thence South 28° 6' 58" West a distance of 50.99 feet; thence North 89° 46' 31" West a distance of 558.69 feet; thence North 89° 58' 10" West a distance of 21 2.73 feet; thence South 28 °15' 41" West a distance of 582.69 feet; thence South 61 °44' -13" East a distance of 680.30 feet to the place of beginning containing 21.97 acres more or less. Subject to any easement, covenants or restrictions of record. PARCEL 2 BOUNDARY SURVEY of PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 2 EAST IN THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA DESCRIPTION: A parcel of land being a part of the northwest 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 VIZ. Beginning at a point on the present south line of Sample Street in said City (said Sample Street being 71 ,000 feet wide and said present south line being 13.25 feet south of the former south line), said point being North 90° 00' -00" East (Bearing assumed), a distance of 297.00 feet from the intersection of said present south line with the east line of Webster Street; thence north 90 °00100" East, along said present south line, a distance of 264.00 feet; thence south 0 °- 07' -10" east, parallel with said Webster Street, a distance of 336.75 feet; thence south 90 °- 00'.00" West, parallel with said present south line, a distance of 100.00 feet; thence south 0 °07110" East, parallel with said Webster Street, a distance of 184.00 feet; thence south 90 °00' -00" West, parallel with said south line, a distance of 82.50 feet; thence South 0 °- 07' -10" East, parallel with said ",abate Street, a distance of 41 .00 feet; thence South 90 °- 00' -00" West, parallel with said south line, a distance of 81.50 feet; thence North 0 °- 07' -10" West, parallel with said Webster Street, a distance of 561 .75 feet to the point of beginning containing 2.810 acres more or less. Subject to any easements, covenants or restrictions of record. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council 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 deduction for a period of ten (10) years. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Robert Przychodny, 12276 Painted Ridge Tr., made the presentation for the resolution. He indicated that since the purchase of South Bend Scrap in May of 1987, the volume of business has increased to the point where it exceeds the capacity of the existing building. He indicated they planned to build an addition to their present building, as well as expand their metal warehouse operation. Council Member Luecke 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. 1651 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 2750 FOUNDATION DR. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR PETER ADAMS, JUDY ADAMS, TED SPEAR AND DEBRA SPEAR REGULAR MEFTLNG O�TOBFR_24,1A88 u 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 2750 Foundation Dr., and which is more particularly described as follows: A PART of the Southwest Quarter of Section 28, Township 38 North, Range 2 East, of the City of South Bend, Indiana, being also a part of Lot 4 -3 of the Airport Industrial Park - Phase III, and is described as follows: COMMENCING at the Southeast corner of the Southwest Quarter of Section 28, Township 38 North, Range 2 East, said point being at the centerline of Lathrop Drive; thence South 89 °57133" West (bearing assumed) along the South line of the Southwest quarter of said Section 28, 171.27 feet; thence North 00 °00'47" East along the centerline of Foundation Drive, 2178.77 feet; thence South 89 °59113" East, 40.0 feet to the Point of Beginning; thence North 00 °0'47" East, 234.09 feet; thence South 89 °59113" East, 450.00 feet; thence South 00 °00147" West, 234.09 feet; thence North 89 °59'13" West, 450.00 feet to the Point of Beginning, and containing 2.418 acres, more or less, and is subject to easements, restrictions, and or limitations of record as an Economic Revitalization Area; and WHEREAS, notice of the adoption hearing before the Council has been 6 -1.1- 12.1 -2.5; and WHEREAS, the Council has held a remonstrances and objections from i; WHEREAS, the Council determined revitalization area have been met. of a Declaratory Resolution and the public published pursuant to Indiana Code public hearing for the purposes of hearing all iterested persons; and that the qualifications for an economic 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 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 John Hanson, attorney, made the presentation for the resolution. He indicated the petitioner proposes to construct a new building. He indicated the building will be used for office space and a portion will be used for a production line to manufacture custom stained glass plaques. He indicated they will also purchase new equipment for the manufacture of the plaques. Council Member Niezgodski made a motion to adopt this resolution, as amended, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1662 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 2750 FOUNDATION DR. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CREATIVE GLASS 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 2750 Foundation Dr., and which is more particularly described as follows: A PART of the Southwest Quarter of Section 28, Township 38 North, Range 2 East, of the City of South Bend, Indiana, being also a part of Lot 4 -3 of the Airport Industrial Park - Phase III, and is described as follows: COMMENCING at the Southeast corner of the Southwest Quarter of Section 28, Township 38 North, Range 2 East, said point being at the centerline of Lathrop Drive; thence South 89 °57133" West (bearing assumed) along the South line of the Southwest quarter of said Section 28, 171.27 feet; thence North 00 °00147" East along the centerline of Foundation Drive, 2178.77 feet; thence South 89 °59'13" East, 40.0 feet to the Point of Beginning; thence North 00 °0147" East, 234.09 M11 u *TGW11611.lne feet; thence South 89 °59113" East, 450.00 feet; thence South 00 °00147" West, 234.09 feet; thence North 89 °59'13" West, 450.00 feet to the Point of Beginning, and containing 2.418 acres, more or less, and is subject to easements, restrictions, and or limitations of record as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council 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 personal property 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 John Hanson, attorney, made the presentation for resolution. He indicated this abatement was for personal property that will be used in the newly constructed facility at 2750 Foundation Drive. Council Member Zakrzewski made a motion to adopt this resolution, as amended, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO.1663 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 614 N. MICHIGAN STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT 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 614 N. Michigan Street, and which is more particularly described as follows: Lots 2 , 3 , 4 , 5 , and 6 as shown on the recorded Plat of Rockstroh Brothers Addition to the city of South Bend; also Lots 2, 3, 4, 5, 6, 7, 8, 10, 11, 12 and 13 as shown on the recorded Plat of Dinan's Subdivision of Lots 36 -41, inclusive of Rockstroh's Second Addition to the city of South Bend; along with adjacent vacated alleys and Dinan Court; 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 deduction for a period of three (3) years. �EGU A13 EETINS QOTOBFR 24.19RR 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. Council Member Luecke made a motion to amend this bill by adding 3-years, seconded by Council Member Soderberg. The motion carried. David Behr, a representative of The Holladay Corporation, made the presentation for the resolution. He indicated asking for approval of a three year abatement. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Slavinskas made a motion to suspend the rules and have public hearing on resolution no. 88 -84, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 1665 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AMENDMENTS TO THE CHARTER OF THE ST. JOSEPH COUNTY JOB TRAINING PROGRAM WHEREAS, the St. Joseph County Job Training Program, formerly the St. Joseph County Employment and Training Consortium, was created in October of 1983 pursuant to Section 36 -1 -7 et. seq. of the Indiana Code; i.e., Interlocal Cooperation Act, to provide employment and training services in accord with the provisions of the Comprehensive Employment and Training Act of 1978, as amended, and the Job Training Partnership Act of 1982, as amended, to eligible residents within the geographical boundaries of St. Joseph County, including the cities of South Bend and Mishawaka; and WHEREAS, employment and training services funded through the Wagner - Peyser Act, as amended, have been provided by the local office of the Employment Security Division; and WHEREAS, the Indiana General Assembly, through Section 22- 4 -18 -1 et seq. of the Indiana Code has directed that employment and training services funded through the Job Training Partnership Act of 1982, as amended, and the Wagner - Peyser Act, as amended, be consolidated at the local level; and WHEREAS, it has been determined by the Board of the St. Joseph County Job Training Program that the mandates of Section 22- 4 -18 -1 et seq. of the Indiana Code can best be accomplished by amending the Charter of the St. Joseph County Job Training Program to change its name to the Employment and Training Services of St. Joseph County and to expand its functions to allow it to serve as grant recipient of Job Training Partnership Act, Wagner - Peyser, and other funds and to administer the same; and WHEREAS, amending the Charter of the St. Joseph County Job Training Program requires the Common Council of the City of South Bend to accept responsibility for the operation of the programs carried out by the Employment and Training Services of St. Joseph County, and any liability incurred thereby; and WHEREAS, equivalent resolutions will be approved by the County Council of St. Joseph County and the Common Council of the City of Mishawaka; NOW, THEREFORE, BE IT RESOLVED THAT : Section I. The Common Council of the City of South Bend has considered and hereby approves the amendments to the Charter of the St. Joseph County Job Training Program, changing its name to the Employment and Training Services of St. Joseph County and expanding its functions to allow it to serve as grant recipient of Job Training Partnership Act, Wagner - Peyser, and other funds and to administer the same. Section II. The Common Council of the City of South Bend authorizes the Mayor of the City of South Bend to enter into an agreement, pursuant to Section 36 -1 -7 et seq. of the Indiana Code, i. e., Interlocal Cooperation Act, amending the Charter of the St. Joseph County Job Training Program so as to comply with the mandates of Section 22- 4 -18 -1 et. seq. Q@ the Indiana Code. Section III. The Common Council of the City of South Bend has considered and hereby accepts, jointly and severally along with the County of St. Joseph and the City of Mishawaka, responsibility for the operation of the programs carried out by the Employment and Training Services of St. Joseph County, and any liabilities incurred thereby. Section IV. This resolution shall be in full force and effect upon passage by the Common Council and approval by the Mayor. /s/ John Voorde Member of the Common Council m �1 ' A public hearing was held on the resolution at this time. Jenny Pitts- Mainier, made the presentation for the resolution. She indicated State law recently was amended to require that the employment and training services funding through the Job Training Partnership Act of 1982 be consolidated. She indicated as a result of the merger a single administrative and fund recipient agency will be formed. She indicated the entity will be named the St. Joseph Job Training Program. 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. BILLS. FIRST READING BILL NO. 91 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF THE INTERSECTION OF STULL AND LAFAYETTE STREETS ON THE WEST SIDE OF LAFAYETTE STREET RUNNING WEST FROM LAFAYETTE STREET A DISTANCE OF APPROXIMATELY 165 FEET TO THE EAST SIDE OF THE NORTH AND SOUTH ALLEY AND SAME ALLEY BEING BETWEEN LOTS 21 AND 26 AND BEING 14 FEET WIDE AND RUNNING WEST FROM LAFAYETTE STREET 165 FEET TO THE EAST SIDE OF THE NORTH AND SOUTH ALLEY ALL BEING IN THE RECORDED PLAT OF SAMUEL C. STULL`S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing November 14, and refer it to the Zoning and Vacation Committee, seconded by Council Member Puzzello. The motion carried. BILL NO. 92 -88 A BILL AMENDING ARTICLE 4 OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS "LICENSES ". This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing November 14, and refer it to the Personnel and Finance Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 93 -88 A BILL AMENDING CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "LICENSES," TO ADD SECTION 4 -20.5, ENTITLED "VEHICLE REMOVAL SERVICE." This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing November 14, and refer it to the Personnel and Finance Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 94 -88 A BILL AMENDING CHAPTER 9, ARTICLE 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS "SMOKE DETECTORS IN MULTIPLE DWELLING UNITS AND RENTAL UNITS." This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing November 14, and refer it to the Public Safety Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 95 -88 A BILL APPROPRIATING $18,406.13 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing November 14, and refer it to the Public Safety Committee, seconded by Council Member Niezgodski. The motion carried. BILL NO. 96 -88 A BILL TRANSFERRING $7,996.32 FROM THE PARK DISTRICT CONSTRUCTION FUND TO THE PARK DISTRICT BOND REDEMPTION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing November 14, and refer it to the Parks Committee, seconded by Council Member Niezgodski. The motion carried. BILL NO. 97 -88 A BILL APPROPRIATING $100,000.00 FROM THE UNITED STATES DEPARTMENT OF INTERIOR TO THE NON - REVERTING EAST BANK TRAIL FUND 402. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing November 14, and refer it to the Parks Committee, seconded by Council Member Niezgodski. The motion carried. BILL NO. 98 -88 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CENTURY CENTER 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 A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing November 14, and refer it to the Personnel & Finance Committee and Utility Committee, seconded by Council Member Niezgodski. The motion carried. BILL NO. 99 -88 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1989 AND