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HomeMy WebLinkAbout11-28-88 Council Meeting MinutesM REGULAR MEETING NOVEMBER 28, 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 28, 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 November 14 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 November 14, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski The motion carried. SPECIAL BUSINESS Council Member Duda announced that Eunice Miller was appointed to the Older Adults Council. 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 28, at 7:09 p.m., with nine members present. Chairman Zakrzewski presiding. 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 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 had met on this bill and recommended it to the Council favorably. Mark Krcmaric, attorney, made the presentation for the bill. He indicated that in 1985 the Council approved a bond issue for this project. He indicated that Can - America is the new developer for the project, and due to technicalities it is necessary that new bonds be issued to provide permanent financing. Lynn Webber, a representative from Can - American, indicated the financing is complete and they planned to obtain the building permit on December 10th. Council member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 81 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3615 LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA. Council Member Slavinskas made a motion to strike this bill, since the petitioner has not appeared to make the presentation for the bill, seconded by Council Member Coleman. The motion carried. BILL NO. 101 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: HULL STREET RUNNING BETWEEN FRANCES AND EDDY STREET. 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. Council Member Voorde made a motion to combine public hearing on these bills, seconded by Council Member Slavinskas. The motion carried. 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 these bills and recommended it to the Council favorably. Chris Matteo, 807 E. Jefferson, made the presentation for the bill. He indicated they planned to build 21 town houses and these vacations are necessary in order to proceed with the development. Steve Mott, 747 North Shore, indicated he was in favor of this development, however, 20 foot should be given to each property owner in order to establish an alley so they will have access to their ix I RA, wDOWAM �- garages and the City would maintain the alley. John Lederer, 919 W. Madison, indicated there would have to a maintained access to the property along Hull Street. Mr. Matteo indicated that when the street is vacated all the property owner will have to sign an agreement that will allow for perpetual access and that no structure can be built on the site. Council Member Voorde made a motion to recommend Bill No. 101 -88 to the Council favorable, subject to the easement agreement, seconded by Council Member Niezgodski. The motion carried. Council Member Slavinskas made a motion to recommend Bill No. 102 -88 to the Council favorably, seconded by Council Member Coleman. 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 this bill until December 12, 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 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 and the Utilities Committee had met on this bill and recommended it to the Council favorably. Katherine Humphreys, City Controller, indicated this budget represent a 14% increase and reflects the increased cost of doing business at the convention facility. She indicated Century Center receives most of its operating expenses from the hotel -motel tax fund. Council Member Voorde made a motion to recommend this bill to the Council favorably, seconded by Council Member Luecke. 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 ENDING DECEMBER 31, 1989 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Katherine Humphreys, City Controller, made the presentation for the bill. Council Member Niezgodski indicated that the Utilities Committee and the Personnel and Finance Committee met on this bill and recommended it to the Council favorable. She indicated the $5.25 million Water Works budget reflects a 2.5 increase over this year. She indicated this bill should be amended as follows: reduce accounts 04261 and 04394 to zero in Clay Water; and increase account 04354 to $165,000 in Clay Sewage. Council Member Voorde made a motion to accept these amendments, seconded by Council Member Luecke. The motion carried. Joseph Guentert, 3510 Corby, spoke against this bill. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Coleman. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council member Voorde made a motion to accept the substitute bill on'file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Niezgodski indicated the Utilities Committee and the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. Jack Dillon, Director of Environmental Services, made the presentation for the bill. He indicated this increase in the rates will provide the City's portion for the funds to make improvements to the Wastewater Treatment Plant. He indicated that the City has received a grant for $13,754,325 from Federal and State environmental agencies. He indicated the new rates are structured on usage, and the minimum rate will now be $13.09. Joseph Guentert, 3510 Corby, spoke against this bill. Tom Brunette, 1216 King St., spoke against this bill. Irene Mutzl 320 Parkovash, spoke against this bill. Council Member Coleman made a motion to o amend this bill on page 25, "a" change the word change to charge, seconded by Council Member Puzzello. The motion carried. Council Member Voorde made a motion to recommend this bill to the Council favorably, seconded by Council Member Niezgodski. 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.) Council Member Slavinskas made a motion to continue this bill until January 23, seconded by Council Member Luecke. 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. r REGULAR MEETING NOVEMBER-28,-198,8 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. Katherine Humphreys, Controller, made the presentation for the bill. She indicated this bill requests that additional funds be appropriated to balance the funds for 1988. She indicated this bill should be amended by adding a new section for Clay Utilities, and appropriating $25,00 in line item 354, water; $1,500 in line item 394.2, gross income tax; and in Fund 650, $60,000 in line item 354, water, for sewage treatment. Council Member Puzzello made a motion to amend this bill, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Puzzello. 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 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 Puzzello made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Niezgodski John Leisenring, Deputy Controller, made the presentation for the bill. He indicated this bill should be amended on page 2, Engineering, by adding .1 to account 4334, and on page 5 the General Fund increases should total $728,351. Council Member Puzzello made a motion to accept these amendments, seconded by Council Member Coleman. The motion carried. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Voorde. The motion carried. BILL NO. 111 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NONREVERTING "K -9 UNIT DEVELOPMENT FUND ", AS NEW SECTION 2 -170 OF THE MUNICIPAL CODE 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 Soderberg indicated the Public Safety Committee had met on this bill and had no recommendation. Chief Marciniak made the presentation for the bill. He indicated the Police Department received $7,000 from an estate to be used by the K -9 Unit. He indicted they wanted to establish a nonreverting fund to be used for other donation made for this purpose to the department. Council Member Soderberg made a motion to recommend this bill to the Council favorably, 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 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 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 bill. She indicated this appropriation represents $100,000 in loan repayments from A. E. Pistons to be used as a training grant. She indicated this requests allows us to fulfill the requirements of the training grant agreement. Council Member Coleman made a motion to recommend this bill to the Council favorably, seconded by Council Member Luecke. The motion carried. BILL NO. 113 -88 A BILL TRANSFERRING $100,000 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 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 bill. She indicated this bill transfers reprogrammed funds for Program Year 1989. She indicated the transfer of these funds was previously discussed with the Council. Council Member Coleman made a motion to recommend this bill to the Council favorably, seconded by Council Member Voorde. 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 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 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 bill. She indicated this bill appropriates funds for the CDBG for 1989. Irene Mutzl, 320 Parkovash, asked if any funds could be used for leaf pickup. Beth Leonard indicated this was being researched. Council Member t y ilil: \�av`1 :L ` • t: � • . Coleman made a motion to recommend this bill to the Council favorably, 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, I 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." Council Member Niezgodski made a motion to continue this bill until December 12, seconded by Council Member Duda. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Voorde made a motion to rise and report to the Council, seconded by Council Member Luecke. The motion carried. Council Member Voorde made a motion to recess, seconded by Council Member Soderberg. The motion carried and the meeting was recessed at 9:17 p.m. ATTEST: E � L� / City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of Council Chambers on the fourth floor of the Council President Voorde presiding and nine BILLS. THIRD READING ATTEST: Chairman the City of South Bend reconvened in the County -City Building at 9:30 p.m. members present. ORDINANCE NO. 7937 -88 AN ORDINANCE 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 third reading. Council Member Luecke 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. 7938 -88 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: HULL STREET RUNNING BETWEEN FRANCES AND EDDY STREET. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7939 -88 AN ORDINANCE 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 third reading. Council Member Slavinskas made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7940 -88 AN ORDINANCE 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 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 NO. 7941 -88 AN ORDINANCE 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. 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 nine ayes. VIM ULAR MEETING NOVEMBER 78. 1G8R ORDINANCE NO. 7942 -88 AN ORDINANCE 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 third reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Niezgodski. The motion carried. Council Member Luecke 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. 7943 -88 AN ORDINANCE APPROPRIATING ADDITIONAL FUNDS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1988. This bill had second reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Niezgodski. The motion carried. Council Member Luecke 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. 7944 -88 AN ORDINANCE 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 second 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. 7945 -88 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NONREVERTING "K -9 UNIT DEVELOPMENT FUND ", AS NEW SECTION 2 -170 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. NO. 7946 -88 AN ORDINANCE APPROPRIATING $100,000 FROM A.E. PISTONS LOAN REPAYMENTS TO BE USED AS A TRAINING GRANT TO A.E. PISTONS. This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7947 -88 AN ORDINANCE TRANSFERRING $100,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had third reading. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7948 -88 AN ORDINANCE 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 third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. RESOLUTION NO. 1674 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 2722 W. TUCKER DR. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR THE STEEL WAREHOUSE CO., INC., SLITTER MODERNIZATION AND EXPANSION PROJECT. 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 : u �• Di w: WHEREAS, a Declaratory Resolution designated the area commonly known as 2722 W. Tucker, 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. 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. 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 Niezgodski. 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. 1675 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 301 EAST SAMPLE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR MOSSBERG & COMPANY. 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 301 E. Sample, 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 [R. REGULAR MEE R_ 19RA 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). 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. 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. 1676 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 301 EAST SAMPLE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MOSSBERG & COMPANY 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 301 E. Sample, 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). 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. 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 Zakrzewski made a motion to adopt Resolution No. 1675 -88, seconded by Council Member Soderberg. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 1676 -88, seconded by Council Member Soderberg. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1677 -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 3333 NORTH KENMORE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR DAFIR REALTY COMPANY /AUCIILLA PLASTICS, 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 3333 North Kenmore Street, South Bend, Indiana, and which is more particularly described as follows: A part of the northeast Quarter of Section 28, Township 38 North, Range 2 East, City of South Bend, St. Joseph, Indiana, described as follows: Commencing at the northeast corner of said Section 28; thence South 89 °48'05" West (the bearing of the south line of the Southeast Quarter of Section 28 is assumed North 90 10100" West) a distance of 1345.00 feet along the north line of said Northeast Quarter; thence South 0°'23" West a distance of 50.00 feet to the western boundary of Kenmore Street and the point of beginning; thence South 0 °'23" West a distance of 146.47 feet along said western boundary; thence Southerly along said boundary 297.10 feet along an arc to left having a radius of 1949.86 feet and subtended by a long chord having a bearing of South 4021131" East and a length of 296.77 feet; thence South 89 048105" West a distance of 499.31 feet; thence North 0 °02'41" East a distance of 452.50 feet to the South boundary of Cleveland Road; thence North 89 °48105" East a distance of 466.42 feet along said South boundary; thence South 45 °05146" East a distance of 14.12 feet to the point of beginning, and containing 5.000 acres, more or less. Above described tract of land is encumbered by an easement for wastewater and stormwater systems located into, under, upon,, over and across a strip of land 12.5 feet in width with the south boundary of said easement being the: south boundary of above described tract of land. Mi •7 tau :4* . ur All of the foregoing being situated in the City of South Bend, County of St. Joseph, State of Indiana. 11 be designated as an Economic Revitalization Area under the Provisions of Indiana ( @ode 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 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 rehabilitation7 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 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 SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated office space is inadequate for existing operations, much less for planned expansion to begin as early as next year. He indicated this expansion is necessary in order to keep up with competition. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1678 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE INDIANA DEPARTMENT OF COMMERCE FOR THE STATE INVESTMENT INCENTIVE PROGRAM. (KCP PRINTING COMPANY, INC.) WHEREAS, the city of South Bend, Indiana, is dedicated to pursuing economic development through promoting growth of businesses which stimulate the local economy and thereby benefit the people of South Bend as a whole; and REGULAR M_E_ETING _ _ _ NOVEMBER 28 1988 WHEREAS, KCP Printing Company, Inc. project will benefit the local economy specifically by adding 20 new jobs to the area and within two years increasing that level of employment by 13 additional jobs, and by generating new taxes on real and personal property; and WHEREAS , KCP Printing Company, Inc. will be locating a new business start -up in the Airport Industrial Park and needs assistance with the construction of a new facility of approximately 15,000 square feet to be built by and leased from the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, In.; and WHEREAS, KCP Printing Company, Inc. will require new building construction costing $500,000. The receipt of an Investment Incentive Grant will enable the city of South Bend to assist in the financing with a $50,000 loan. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the city of South Bend, Indiana, as follows: SECTION I. The Council Hereby establishes the authority of the Mayor of the city of South Bend to submit a State Investment Incentive Program Grant application to the Indiana Department of Commerce for the KCP Printing Company, Inc. SECTION II. This Resolution shall be in full force and effect immediately upon passage by the Common Council of the city of South Bend, Indiana, and approval by the Mayor. /s /John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Don Inks, Director of Economic Development and Business Assistance, made the presentation for the resolution. He indicated KCP will be a new business in South Bend that will manufacture gift wrap. He indicated 33 new jobs will be created over the next two years. He indicated the City has received tentative approval from the State for a grant of $50,000 to assist with the real estate construction. Council Member Niezgodski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1679 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE INDIANA DEPARTMENT OF COMMERCE FOR THE STATE INDUSTRIAL DEVELOPMENT GRANT FUND . (AMERICAN MOULDING INC.) WHEREAS, the City of South Bend, Indiana, is dedicated to pursuing economic development through promoting growth of businesses which stimulate the local economy and thereby benefit the people of South Bend as a whole; and WHEREAS, American Molding Inc. project will benefit the local economy specifically by adding 15 new jobs to the area and within two years increasing that level of employment by 10 additional jobs, by generating new taxes on real and personal property, by utilizing vacant land, and by contributing to the construction of a new building and infrastructure development in the South Bend community; and WHEREAS, American Molding Inc. will be locating a regional warehouse and fabrication office in the Toll Road Industrial Park and fits into the overall development concept as it will contribute to the restoration and diversification of our industrial base; and WHEREAS , the receipt of an Industrial Development Grant will enable the city of South Bend to provide the infrastructure improvements necessary to implement this project; specifically, by allowing American Moulding Inc. to locate in the Toll Road Industrial Park. NOW, THEREFORE , BE IT RESOLVED by the Common Council of the city of South Bend, Indiana, as follows: SECTION I. The Council hereby establishes the authority of the Mayor of the city of South Bend to submit a State Industrial Development Grant application to the Indiana Department of Commerce for the American Moulding Inc. SECTION II. This Resolution shall be in full force and effect immediately upon passage by the Common Council of the city of South Bend, Indiana, and approval by the Mayor. /s /John Voorde Member of the Common Council A public hearing was held on the resolutions at this time. Don Inks, Director of Economic Development and Business Assistance, made the presentation for the resolution. He indicated American Moulding planned to build a new facility for their regional warehouse and office in the Toll Road Industrial Park. He indicated RE-GULAR--MFErPTNG NnVEMBE 28_; lag$ there will be 25 new jobs created. He indicated the City has received a grant from the State for this project. Council Member Duda made a motion to adopt this resolution, seconded by Council Member Coleman. The motion carried. BILLS, FIRST READING BILL NO. 121 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS ANIMALS AND FOWL. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing December 12, and refer it to the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. BILL NO. 122 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 9, ARTICLE 4, COMMONLY KNOWN AS LEAF BURNING AND AIR POLLUTION CONTROL. This bill had first reading. Council Member Duda to refer it to the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. BILL NO. 123 -88 A BILL CONCERNING THE CONSTRUCTION OF ADDITIONS AND IMPROVEMENTS TO THE SEWAGE WORKS OWNED AND OPERATED BY THE CITY OF SOUTH BEND, INDIANA, THE ISSUANCE OF ADDITIONAL REVENUE BONDS TO PROVIDE THE COST THEREOF, THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SAID WORKS, THE SAFEGUARDING OF THE INTERESTS OF THE HOLDERS OF SAID BONDS, AND OTHER MATTERS CONNECTED THEREWITH. 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 Utilities, seconded by Council Member Niezgodski. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set a meeting at 4:00 p.m., December 21 to approve the official statement on the bond, seconded by Council member Niezgodski. The motion carried. Council Member Slavinskas made a motion to set Bill No. 77 -88 for public hearing and third reading December 12, and refer it to the Zoning and Vacation Committee, seconded by Council member Luecke. The motion carried. Council Member Slavinskas made a motion to strike Bill No. 88 -88 at the request for the petitioner, seconded by Council Member Niezgodski. The motion carried. PRIVILEGE OF THE FLOOR Irene Mutzl, 320 Parkovash, spoke regarding smoke detectors. Joseph Guentert, 3510 Corby, spoke regarding log licenses. 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 Soderberg. The motion carried and the meeting was adjourned at 10:10 p.m. ATTEST: City Clerk APPROVED: esi ent M