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HomeMy WebLinkAbout11-14-88 Council Meeting MinutesYO 9 REGULAR MEETING NOVEMBER 14, 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, November 14, 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 24, 1988 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 24, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on November 14, at 7:06 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 100 -88 A BILL OF THE CITY OF SOUTH BEND, INDIANA, RE: $11,000,000 CITY OF SOUTH BEND, INDIANA, MULTIFAMILY HOUSING REVENUE BONDS (THE POINTE AT ST. JOSEPH PROJECT) SERIES 1988A -1 AND SERIES 1988B -1 AND $595,000 CITY OF SOUTH BEND, INDIANA MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (THE POINTE AT ST. JOSEPH PROJECT) SERIES 1988A -2 AND 1988B -2. Council Member Voorde made a motion to strike this bill, seconded by Council Member Coleman. The motion carried. BILL NO. 62 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3615 LINCOLNWAY WEST 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 gave it an unfavorable recommendation. Kevin Joyce, Area Plan, gave the staff report on this bill, which was unfavorable. The petitioner was not in the Chambers. Council Member Soderberg made a motion to continue this bill until November 28, seconded by Council Member Luecke. The motion carried. BILL NO. 80 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1624 SOUTH BEND 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 and recommended this bill to the Council favorably. Kevin Joyce, Area Plan, gave the staff report, which was favorable. James Musurca, 1404 N. Ivy Road, made the presentation for the bill. He indicated they were requesting this rezoning in order to build a one and a half story office building, that will blend with the surrounding area. 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 Voorde made a motion to recommend this bill to the Council favorably. as amended, seconded by Council Member Slavinskas. The motion carried. BILL NO. 81 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE NORTH SIDE OF BRICK ROAD, APPROXIMATELY 2,100 FEET EAST OF THE U.S. 31 BY -PASS. 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. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Richard Johnson, Director of Area Plan, made the presentation for the bill. He indicated this is the area of the City that is going to grow. He read a letter from John Schalliol, Director of the Michiana Regional Airport, in /O I- support of this rezoning. Warren McGill, attorney for the owners of this property, read a letter from the Ritschards, indicating that if this zoning was approved they would plant trees to provide screening. Joseph Guentert, 3510 Corby, indicated extensive greenery should not be planted near the airport, because of deer. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. 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 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 indicted the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorably. Melvin Reed, attorney, made the presentation for the bill. He indicated Murdock Construction was planning to expand their operation. He indicated the vacation of this alley was necessary in order for them to construct a new office facility. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Puzzello indicated the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Slavinskas. The motion carried. Patricia DeClercq, Director of Code Enforcement, made the presentation for the bill. She indicated this bill proposes amending the fencing requirement to make it uniform for all such business. Richard Hamilton, of Hamilton Body Shop, spoke against the requirement that the fence be all one color. Council Member Coleman made a motion that the bill be amended in Section 1, paragraph 5, by inserting an "s" after color, seconded by Council Member Luecke. The motion carried. Council Member Voorde made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Niezgodski. The motion carried. This bill was reconsidered, after Bill No. 93 -88. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Puzzello indicated the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. 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. Patricia DeClercq, Director of Code Enforcement, made the presentation for the bill. She indicated this bill proposes that any business engaged in removing unauthorized vehicles from private property would be required to be licensed by the City. She indicated the bill contains regulations concerning the conduct of a vehicle removal service. She indicated the substitute bill requires the licensee to notify the police department radio room prior to removing any vehicle, and deletes the provisions requiring the licensee to release impounded automobiles upon the presentation of commercial tender that includes personal checks and credit cards or upon proof of financial responsibility. She indicated the substitute bill also requires the vehicle owner or other individual to provide proof of ownership or authorization in order to recover his or her vehicle. Richard Hamilton, Hamilton Body Shop, spoke against this bill. Rick Hamilton, Hamilton Body Shop, spoke against this bill as it is written. Gary Mentag, Her's Towing, spoke against this bill. Council Member Voorde made a motion to recess, seconded by Council Member Coleman. The motion carried and the meeting was recessed at 7:55 and reconvened at 8:15 p.m. Council Member Slavinskas made a motion to continue public hearing on this bill until December 12, and refer it back to the Personnel and Finance Committee, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to reconsider Bill No. 92 -99, seconded Coleman. The motion carried. The Council attorney, Kathleen Cekanski - Farranded indicated this bill should be amended in Section 4 -20 11811, to correct a typo, in the third to last sentence "i" should be deleted and "j" should be inserted. Council Member Coleman made a motion to amend, seconded by Council Member Duda. The motion carried. Council Member Voorde made a motion to recommend this bill to the Council favorable, as amended, 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." Council Member Soderberg made a motion to continue public hearing on this bill until November 28, and refer it back 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Soderberg indicated the Public Safety Committee had met on this bill and recommended it to the Council favorably. Chief Taylor made the presentation for the bill. He indicated this appropriation represents funding for the first semi - annual lease payment for the purchase of a rescue unit. Council Member Soderberg made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman indicated the Park Committee had met on this bill and recommended it to the Council favorably. Robert Niezgodski, Fiscal Officer, made the presentation for the bill. He indicated all the projects in the 1982 Park Bond issue are completed and there is a surplus. He indicated they were requesting this money be transferred to the Park District Bond Redemption Fund. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman indicated the Parks Committee had met on this bill and recommended it favorably. Karl Stevens, Superintendent of Parks, made the presentation for the bill. He indicated this grant will reimburse the City for funds spent from the East Bank Trail Fund. Council Member Coleman made a motion to recommend this bill to the Council favorably, seconded by Council Member Niezgodski. The motion carried. Council Member Luecke made a motion to continue Bill Nos. 98 and 99 until November 28, seconded by Council Member Coleman. 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. 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 ENDING DECEMBER 31, 1989 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. There being no further business to come before the Committee of the Whole, Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Puzzello. The motion carried. ATTEST: 4--, City Clerk REGULAR MEETING ATTEST: Chair Pers 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 8:20 p.m. Council President Voorde presiding and nine members present. BILLS, THIRD READING ORDINANCE 7930 -88 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1624 SOUTH BEND AVENUE IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Slavinskas made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. Council Member Slavinskas made a motion to pass this bill, as amended, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE 7931 -88 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE NORTH SIDE OF BRICK ROAD, APPROXIMATELY 2,100 FEET EAST OF THE U.S. 31 BY -PASS. 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, as amended, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. ORDINANCE 7932 -88 AN ORDINANCE 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 third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. ORDINANCE 7933 -88 AN ORDINANCE AMENDING ARTICLE 4 OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS "LICENSES ". This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. Council Member Puzzello made a motion to pass this bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE 7935 -88 AN ORDINANCE APPROPRIATING $18,406.13 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND. This bill had third reading. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Soderberg. The bill passed by a roll call vote of nine ayes. ORDINANCE 7936 -88 AN ORDINANCE 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 third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE 7937 -88 AN ORDINANCE APPROPRIATING $100,000.00 FROM THE UNITED STATES DEPARTMENT OF INTERIOR TO THE NON - REVERTING EAST BANK TRAIL FUND 402. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS Council Member Puzzello made a motion to combine public hearing on the next two resolutions, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 1665 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 400 W. SAMPLE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND LATHE :: E REOUT.AR MFFTTNG NOVEMBER 14,-1 98$ 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 400 W. Sample, 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 0 211 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, 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 ii 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 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 RESOLUTION NO. 1666 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 400 W. SAMPLE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND LATHE • 1: el 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 400 W. Sample, 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, 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 A public hearing was held on the resolutions at this time. Kenneth Fedder, attorney, made the presentation for the resolutions. He indicated South Bend Lathe GJTT.AR MR'.T+'.TTN(z NO-V- EMBER--l.4- r- l_g8.8_ 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 Zakrzewski made a motion to adopt Resolution No. 1665 -88, as amended, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Puzzello made a motion to adopt Resolution No. 1666 -88, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Slavinskas made a motion to combine public hearing on the next two resolutions, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1667 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS TECHNOLOGY DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR GORDON PLASTICS INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Technology Drive, 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, 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 °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. 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 REGULAR MEETING NOVEMBER 14,_ 1988 RESOLUTION NO. 1668 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS TECHNOLOGY DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GORDON PLASTICS INC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Technology Drive, 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 °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, 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 °1911911, 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. 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 A public hearing was held on the resolution at this time. 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. Tom Zar, Project Future, spoke in favor of these abatements. Council Member Zakrzewski made a motion to adopt Resolution No. 1667 -88, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 1668- 88,7seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to combine public hearing on the next two resolutions, seconded by Council Member Duda. The motion carried. C4 j 67- RESOLUTION NO. 1669 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 301 EAST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR MOSSBERG & COMPANY, INC . WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 301 East Sample Street, South Bend, Indiana, and which is more particularly described as follows: Lots Numbered One (1) and Two (2) as shown on the recorded Plat of William S. Anderson's Subdivision of Lot 40 in Denniston and Fellow's Addition to the City of South Bend, excepting the South 40 feet for the widening of Sample Street, and together with the South Half of that part of the vacated 14 foot East -West alley lying North and adjacent to said Lot 2. Lots Numbered Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20) as shown on the recorded plat of John C. Knoblock's Subdivision of Out Lot Thirty -nine (39) in Denniston & Fellows Addition to the Town, now City of South Bend, recorded March 28, 1902, in Plat Book 8, Page 69, together with the vacated East -West alley lying between Lots Numbered Fifteen (15) and Sixteen (16); excepting the South Forty (40) feet of Lots Numbered Nineteen (19) and Twenty (20) heretofore conveyed to the Civil City of South Bend, Indiana for street and roadway purposes. Also Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12) as shown on the recorded plat of William S. Anderson's Subdivision of Lot Numbered Forty (40) in Denniston and Fellows' Addition to the City of South Bend, in St. Joseph County, Indiana, together with the vacated East -West alley between Lots Numbered Nine (9), Ten (10), Eleven (11) and Twelve (12), on the North side, and Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7) and Eight (8) on the South side, together with the vacated North -South alley lying between Lots Numbered Six (6) and Seven (7) and together with the vacated North -South alley lying between Lots Numbered Five (5) and Six (6); excepting the South Forty (40) feet of Lots Numbered Seven (7) and Eight (8). be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq. and South Bend Municipal Code section 2 -76 et seq.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et. seq. and South Bend Municipal Code section 2 -76, et. seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for 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. '�4l,6� 1- 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 in sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby 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 three (3) 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 RESOLUTION NO. 1670 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 301 EAST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MOSSBERG & COMPANY, INC . WHEREAS, a petition for personal property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 301 East Sample Street, South Bend, Indiana, and which is more particularly described as follows: Lots Numbered One (1) and Two (2) as shown on the recorded Plat of William S. Anderson's Subdivision of Lot 40 in Denniston and Fellow's Addition to the City of South Bend, excepting the South 40 feet for the widening of Sample Street, and together with the South Half of that part of the vacated 14 foot East -West alley lying North and adjacent to said Lot 2. Lots Numbered Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20) as shown on the recorded plat of John C. Knoblock's Subdivision of Out Lot Thirty -nine (39) in Denniston & Fellows Addition to the Town, now City of South Bend, recorded March 28, 1902, in Plat Book 8, Page 69, together with the vacated East -West alley lying between Lots Numbered Fifteen (15) and Sixteen (16); excepting the South Forty (40) feet of Lots Numbered Nineteen (19) and Twenty (20) heretofore conveyed to the Civil City of South Bend, Indiana for street and roadway purposes. Also Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12) as shown on the recorded plat of William S. Anderson's Subdivision of Lot Numbered Forty (40) in Denniston and Fellows' Addition to the City of South Bend, in St. Joseph County, Indiana, together with the vacated East -West alley between Lots Numbered Nine (9), Ten (10), Eleven (11) and Twelve (12), on the North side, and Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7) and Eight (8) on the South side, together with the vacated North -South alley lying between Lots Numbered Six (6) and Seven (7) and together with the vacated North -South alley lying between Lots Numbered Five (5) and Six (6); excepting the South Forty (40) feet of Lots Numbered Seven (7) and Eight (8). be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq. and South Bend Municipal Code section 2 -76 et seq.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et. seq. and South Bend Municipal Code section 2 -76, et. seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and MIA __RE_GUI,AR MEETTKG _ NOVEMBER 'Idr19$$ 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 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 -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 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 met on these resolutions and recommended them to the Council favorably. Ernest Szarwark, attorney, made the presentation for the resolutions. He indicated Mossberg is engaged in many facets of the printing industry. He indicated they have outgrown the existing facility and plan to build a _ 25,000 square foot expansion, as well as add a new six color printing machine and another printing machine. He indicated ten to fifteen new jobs will be created. Council Member Coleman made a motion to adopt Resolution No. 1669 -88, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of nine ayes. Council Member Niezgodski made a motion to adopt Resolution No. 1670 -88, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. R$G JAR N�EETTNG NOVEMBT�14 19$x_ RESOLUTION NO. 1671 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 2722 W. TUCKER DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE, SLITTER MODERNIZATION AND EXPANSION PROJECT. 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, Indiana, requesting that the area commonly known as 2722 Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: A part of the northwest 1/4 of Section 15, Township 37 North, Range 2 East, now within and part of the City of South Bend, Indiana, and which is more particularly described as follows: Beginning at a point on the west line of the southeast 1/4 of the northwest 1/4 of said Section 15, a distance of 260.00 feet south of the northwest corner of said southeast 1/4 of the northwest 1/4, said point being on the south line of Tucker Drive; thence east along said south line of Tucker Drive 305.00 feet; thence south parallel with the west line of said southeast 1/4 of the northwest 1/4, 490.85 feet to the north right of way of the Indiana Northern Railway Company; thence west along said north right of way line 225.70 feet to the west edge of Steel Warehouse Co. Inc.'s building; thence north along said west edge of building 172.00 feet; thence west parallel with the north right of way line of said Indiana Northern Railway Company 104.30 feet to the southeast corner of a tract of land conveyed to Stanley Enterprises, Inc.; thence north along the east line of said Stanley Enterprises, Inc. tract 320.74 feet to the south line of Tucker Drive; thence east along said south line of Tucker Drive 25.00 feet to the point of beginning, containing 3.314 acres, more or less. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq. and South Bend Municipal Code section 2 -76 et seq.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et. seq. and South Bend Municipal Code section 2 -76, et. seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for 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 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 -3 of the Indiana Code. GULAU MEETING _ _NQ- VEMBER_ U,_�9_8.8 i 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 Personal Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke indicated the Human Resources Committee had met on this resolution and recommended it to the Council favorably. Gerald Lerman, of Steel Warehouse, made the presentation for the resolution. He indicated they planned to purchase a new slitter machine. He indicated this equipment will allow them to maintain competitive strength in a market place consisting of a wide variety of other firms, many of which are larger and have access to public capital markets. He indicated five new jobs will be created. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1672 -88 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 1989 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 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 Community Development Block Grant Funds under Title I of the Housing and Community Development Act of 1974, as amended . 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 1989 Community Development Block Grant Application to the United States Government under Title I of the Housing and Community Development Act of 1974, as amended. SECTION II. That the Common Council of the City of South Bend, Indiana hereby requests that the Mayor submit the 1989 Community Development Block Grant Application to the Common Council for review and comment prior to the date upon which the Community Development Block Grant 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 Community Development Block Grant 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 had met on this bill and recommended it to the Council favorably. Beth Leonard, Director of Financial and Program Management, made the presentation for the resolution. She indicated this will allow the City to submit an application to HUD for 1989 CDBG funds. 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. Ana __$EGiJ�AR MEETING _ _ NOVEMBER 14. 198$ RESOLUTION NO. 1672 -88 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 FEDERAL ENTERPRISE ZONE DESIGNATION UNDER TITLE VII OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for Federal Enterprise Zone Designation under Title VII of the Housing and Community Development Act of 1987 and, WHEREAS, the State of Indiana, through its Department of Commerce nominates the City of South Bend for Federal Enterprise Zone Designation under Title VII of the Housing and Community Development Act of 1987. 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 Federal Enterprise Zone Application to the United States Government under Title VII of the Housing and Community Development Act of 1987. 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. Council Member Luecke indicated the Human Resources Committee had met on this bill and recommended it to the Council favorably. Pam Meyer, Program Manager, Economic Development, made the presentation for the resolution. She indicated this resolution would allow the City to file an application for Federal Enterprise Zone designation. She indicated at this time the status does not offer any tax or other type benefits, however, it will provide a priority status for applications for federal funding. She indicated that elgibility requirements specify that the proposed area for designation must meet specific statistical requirements of poverty, unemployment, and population loss or low income, based on 1980 census tract data. Council Member Zakrzewski 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. 101 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: HULL STREET RUNNING BETWEEN FRANCES AND EDDY STREET. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing November 28, and refer it to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 102 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY, EAST OF FRANCES STREET, RUNNING NORTH FROM HULL STREET, FOR A DISTANCE OF 83 FEET TO THE FIRST INTERSECTING EAST -WEST ALLEY, ALL IN HULL'S SUBDIVISION OF LARGE BLOCK #11 IN SAMUEL 1. COTTRELL'S 1ST ADDITION. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing November 28, and refer it to the Zoning and Vacation Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 103 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY KNOWN AS SEWERS AND WATER. This bill had first reading. Council Member Niezgodski made a motion to set this bill for second reading and public hearing November 28, and refer it to the Utilities Committee, seconded by Council Member Puzzello. The motion carried. BILL NO. 104 -88 A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 1, SECTION 21 -1 BY AMENDING THE DEFINITION OF CONTROLLED USES. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 105 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SW & NW CORNER OF GOODLAND AT WESTMOOR AND FREDRICKSON IN THE CITY OF SOUTH BEND, INDIANA. REGULAR METTTj3G _ NQyEMRFR 1 4, i 98R II This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 106 -88 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (SOUTHEAST CORNER OF MIAMI ROAD AND KERN ROAD.) This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing November 28, and refer it to the Zoning and Vacation Committee, seconded by Council Member Niezgodski. The motion carried. BILL NO. 107 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SAMPLE AND MAYFLOWER ROADS, SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 108 -88 A BILL APPROPRIATING ADDITIONAL FUNDS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1988. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing November 28, and refer it to the Personnel and Finance Committee, seconded by Council Member Niezgodski The motion carried. BILL NO. 109 -88 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1988. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing November 28, and refer it to the Personnel and Finance Committee, seconded by Council Member Niezgodski The motion carried. BILL NO. 110 -88 A BILL AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ARTICLE 3, ENTITLED DEVELOPMENT DESIGN REVIEW, AND AMENDING CERTAIN SECTIONS OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Puzzello. The motion carried. BILL NO. 111 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NONREVERTING 11K -9 UNIT DEVELOPMENT FUND ", AS NEW SECTION 2 -170 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Soderberg made a motion to set this bill for second reading and public hearing November 28, and refer it to the Personnel and Finance Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 112 -88 A BILL APPROPRIATING $100,000 FROM A.E. PISTONS LOAN REPAYMENTS TO BE USED AS A TRAINING GRANT TO A.E. PISTONS. This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing November 28, and refer it to the Human Resources Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 113 -88 A BILL TRANSFERRING $100,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing November 28, and refer it to the Human Resources Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 114 -88 A BILL APPROPRIATING $2,621,160 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1989 AND ENDING DECEMBER 31, 1989 TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing November 28, and refer it to the Human Resources Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 115 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 19 ENTITLED "ORDINANCE VIOLATIONS BUREAU." This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing November 28, and refer it to the Human Resources Committee, seconded by Council Member Niezgodski. The motion carried. BILL NO. 116 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 20, ARTICLE 9 OF THE MUNICIPAL CODE OF SOUTH BEND, COMMONLY KNOWN AS "MOBILITY HANDICAPPED PARKING." This bill had first reading. Council Member Soderberg made a motion to set this bill for second reading and public hearing December 12, and refer it to the Public Safety Committee, seconded by Council Member Niezgodski. The motion carried. BILL NO. 117 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF NEW ARTICLE 18 ENTITLED AN AUTOMATED TRANSIT DISTRICT. This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing December 12, and refer it to the Public Works Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 118 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING ORDINANCE NO. 7343 -84 AND AMENDING ORDINANCE NO. 4990 -68, AS AMENDED BY ESTABLISHING NEW HISTORIC DISTRICT BOUNDARIES FOR THE LINCOLNWAY EAST HISTORIC DISTRICT. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Puzzello. The motion carried. BILL NO. 119 -88 A BILL OF THE CITY OF SOUTH BEND, INDIANA, RE: $11,000,000 CITY OF SOUTH BEND, INDIANA, MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (THE POINTE AT ST. JOSEPH PROJECT) SERIES A AND SERIES B AND NOT MORE THAN $625,000 CITY OF SOUTH BEND, INDIANA MULTIFAMILY HOUSING REVENUE BONDS (THE POINTE AT ST. JOSEPH PROJECT) SERIES A AND SERIES B. This bill had first reading. Council Member Slavinskas made a motion to set this bill for second reading and public hearing November 28, seconded by Council Member Luecke. The motion carried. BILL NO. 120 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE CORNER OF MIAMI ROAD AND KERN ROAD IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Puzzello. The motion carried. 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 9:05 p.m. ATTEST: City Clerk APPROVED: resi/ nt