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HomeMy WebLinkAbout06-10-85 Council Meeting MinutesREGULAR MEETING JUNE 10, 1985 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, June 10, 1985, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Serge, Braboy, Puzzello, Taylor, Zakrzewski, Crone, Paszek, Voorde and Beck Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the May 28, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. Beverlie J. Beck Ann Puzzello Thomas Zakrzewski Council Member Serge made a motion that the minutes of the May 28, 1985, meeting of the Council be accepted and placed on file, seconded by Council Member Puzzello. The motion carried. REPORTS Council Member Braboy indicated the Human Resources Committee had met on tax abatement for Stanz Realty, and recommended it favorable. Council Member Puzzello indicated that the Personnel and Finance Committee had met on Bill No. 53 -85 and recommended it favorable. Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill nos. 15, 16, 17 and 52 -85. He indicated they recommended Bill No. 17 -85 favorable. He indicated they had no recommendation for the other bills. Council Member Taylor 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 Committee of the Whole on Chairman Serge presiding BILL NO. 15 -85 A BILL AS THE (CHAPT JOSEPH Common Council of the City of South Bend met in the June 10, at 7:12 p.m., with nine members present. AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, ER 21, MUNICIPAL CODE), (RIVERSIDE DRIVE, SOUTH BEND, ST. COUNTY, INDIANA). This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Duane Burror, from Area Plan, gave the staff report, which was favorable. Karen Kiemnec, Director of Historic Preservation, gave a slide presentation of the various architecture of the homes, as well as a brief history of the neighborhood. Brian Crumlish, 1091 Riverside, spoke in favor of designating this area as historic. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 16 -85 A BILL AMENDING THE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 750 SANCOME, 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. Duane Burrow, from Area Plan, gave the staff report, which was unfavorable. Bart Boake, owner of the property, he indicated they wanted to make this home a duplex, because of the high utility costs. He indicated they have improved this home and it is now an asset to the neighborhood. Sara Goetz, president of the Near Northwest Neighborhood, indicated they opposed this rezoning. She indicated they had collected 180 signatures against this rezoning. Laura Snell, 746 Blaine, vice president of the Near Northwest Neighborhood Association, and John Oxian, 742 Sancome, spoke against this bill. Council Member Taylor made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Beck. The motion carried. BILL NO. 17 -85 A BILL AMENDING ORDINANCE NO. 4990 -68 AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE), (CORNER OF LOCUST ROAD AND STATE ROAD 23 IN ST. JOSEPH COUNTY). REGULAR MEETING JUNE 10, 1985 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 Taylor made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Puzzello. The motion carried. Duane Burrow, from Area Plan, gave the staff report which was favorable. Kenneth Fedder, attorney for the petitioner, indicated the Council had appropriated the money for the traffic light. He indicated that the initial design work had been completed for the intersection and the State has now approved this design plan and are in the process of drafting the contractual agreement whereby the signal light can be installed. He indicated that there has been discussion regarding truck traffic in this area, but this was a matter for the Police Department to control. He indicated this intersection has lost its residential character. He indicated this convenience store would be an asset to the location. Elmer Boocher, 20972 W. Roosevelt, the owner of the property, spoke in favor of the rezoning, because of the other three corners of this intersection being commercial. Susan Hamilton, 3429 S. Locust, spoke against this rezoning because of the water table. Clem Wroblewski, 1715 Kemble, owner of a convenience store on one of the corners of this intersection, spoke against this rezoning. John Hamilton, 3429 Locust, spoke against this rezoning. Council Member Zakrzewski made a motion recommend this bill to the Council unfavorable, seconded by Council Member Puzzello. The motion failed on a roll call vote of two ayes (Council Members Puzzello and Zakrzewski) and seven nays. A discussion was held on amending the bill to include a date for the traffic light installation. Council Member Voorde made a motion to recess, seconded by Council Member Zakrzewski. The motion carried and the meeting was recessed at 8:32 p.m. Council Member Crone indicated that if a date was included in the proposed amendment she wanted the clerk to change her vote on the last motion. The motion failed on a roll call vote of three ayes ( Puzzello, Zakrzewski and Crone) and six nays. Council Member Beck made a motion to amend the bill as on file with the City Clerk, seconded by Council Member Taylor. The motion carried on a bill call vote of six ayes and three nays. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Beck. The motion carried. BILL NO. 52 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF LINCOLN WAY WEST RUNNING NORTH - WESTERLY FROM THE EAST PROPERTY LINE OF THE WEST 33 FEET OF LOT 25 PROJECTED NORTHERLY TO THE WEST PROPERTY LINE OF LOT 26 PROJECTED NORTHERLY FOR A TOTAL DISTANCE OF 99 FEET MORE OR LESS, ALL BEING IN HENRICK AND GRANT ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ron Gordon 525 Lincolnway West, indicated this alley was barricaded by the City for ten years. He indicated the alley cannot be used by the general public. He indicated he owns the property on both sides of the alley. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 53 -85 A BILL AMENDING ORDINANCE NO. 7357 -84 TO PROVIDE FOR SALARIES FOR SALES AND ADMINISTRATIVE POSITIONS FOR CENTURY CENTER FOR THE CALENDAR YEARS 1985 AND 1986. 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 Taylor made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Crone. The motion carried. Brian Hedman, Director of the Century Center, made the presentation for the bill. He indicated it was necessary to add the positions of sales director, sales manager I, sales manager II, assistant set up group leader, full time security, part time events coordinator and director of operations and finance for the Century Center, Morris Civic Theater director, and to provide salaries for those positions. Thomas Brubaker, member of the Century Center Board of Managers, spoke in favor of this bill. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 57 -85 BILL NO. 58 -85 A BILL APPROPRIATING $30,000.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA TO PROVIDE TECHNICAL ASSISTANCE IN CONNECTION WITH CERTAIN ECONOMIC DEVELOPMENT ACTIVITIES IN THE INNER CORE AND OTHER AREAS OF THE CITY OF SOUTH BEND, INDIANA. A BILL APPROPRIATING $125,000.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA TO PROVIDE TECHNICAL ASSISTANCE IN CONNECTION WITH CERTAIN ECONOMIC DEVELOPMENT ACTIVITIES IN THE INNER CORE AND OTHER AREAS OF THE CITY OF SOUTH BEND, INDIANA. Council Member Beck made a motion to combine public hearing on these bills, seconded by Council Member Taylor. The motion carried. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Serge indicated these bills were not advertised as additional appropriations at the last meeting, they have been property advertised for June 10. He indicated since we had the presentation for the bills at REGULAR_ MEETING _ - _ JUNE _10, 1985 the May 28 meeting, all that is necessary at this meeting is the formality of a public hearing and second reading. Council Member Beck made a motion to recommend Bill No 57 -85 to the Council favorable, seconded by Council Member Taylor. The motion carried. Council Member Beck made a motion to recommend Bill No 58 -85 to the Council favorable, seconded by Council Member Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Beck made a motion to rise and report to the Council, seconded by Council Member Puzzello. The motion carried. ATTEST: ATTEST: City Clerk Chairman REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 9:06 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7469 -85 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, (CHAPTER 21, MUNICIPAL CODE), (RIVERSIDE DRIVE, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA). This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. BILL NO. 16 -85 A BILL AMENDING THE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 750 SANCOME, IN THE CITY OF SOUTH BEND, INDIANA. Council Member Taylor made a motion to defeat this bill, seconded by Council Member Puzzello. The motion carried. ORDINANCE NO. 7470 -85 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68 AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE), (CORNER OF LOCUST ROAD AND STATE ROAD 23 IN ST. JOSEPH COUNTY). This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended, in the Committee of the Whole, seconded by Council Member Braboy. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Braboy. The bill passed by a roll call vote of six ayes and three nays (Council Members Puzzello, Zakrzewski and Crone.) ORDINANCE NO. 7471 -85 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF LINCOLN WAY WEST RUNNING NORTH - WESTERLY FROM THE EAST PROPERTY LINE OF THE WEST 33 FEET OF LOT 25 PROJECTED NORTHERLY TO THE WEST PROPERTY LINE OF LOT 26 PROJECTED NORTHERLY FOR A TOTAL DISTANCE OF 99 FEET MORE OR LESS, ALL BEING IN HENRICK AND GRANT ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7472 -85 AN ORDINANCE AMENDING ORDINANCE NO. 7357 -84 TO PROVIDE FOR SALARIES FOR SALES AND ADMINISTRATIVE POSITIONS FOR CENTURY CENTER FOR THE CALENDAR YEARS 1985 AND 1986. This bill had second reading. Council Member Taylor 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 the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7473 -85 AN ORDINANCE APPROPRIATING $30,000.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA TO PROVIDE TECHNICAL ASSISTANCE IN CONNECTION WITH CERTAIN ECONOMIC DEVELOPMENT ACTIVITIES IN THE INNER CORE AND OTHER AREAS OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. REGULAR MEETING ORDINANCE NO. 7474 -85 JUNE 10, 1985 AN ORDINANCE APPROPRIATING $125,000.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA TO PROVIDE TECHNICAL ASSISTANCE IN CONNECTION WITH CERTAIN ECONOMIC DEVELOPMENT ACTIVITIES IN THE INNER CORE AND OTHER AREAS OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1296 -85 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA RELATING TO AN APPLICATION BY STEEL WAREHOUSE CO., INC., AN INDIANA CORPORATION, FOR THE ISSUANCE OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS. The City of South Bend, Indiana (the "Issuer ") is authorized by IC 36 -7 -12 (the "Act ") to issue revenue bonds for the financing of economic development facilities, the funds from said financing to be used for the acquisition, construction and equipping of said facilities, and said facilities to be either sold or leased by a company or directly owned by a company; and Steel Warehouse Co., Inc., an Indiana Corporation, (the "applicant ") has advised the South Bend Economic Development Commission (the "Commission ") and the Issuer that it proposes that the Issuer either acquire, construct and equip an economic development facility and sell or lease the same to the Applicant or loan proceeds of an economic development financing to the Applicant for the same, said economic development facility to consist of the construction of an addition to an existing building, the purchase of new machinery and equipment, and "make ready" other portions of existing buildings to accommodate said machinery and equipment, so that the Applicant may expand its business in cutting and treating flat rolled low - carbon steel, slitting, levelling, shearing, pickling and storing such steel, said existing facility being located at 2722 W. Tucker Drive, South Bend, Indiana, on an approximate 22 acre tract of land (the "Project "); and, The diversification of industry and increase in job opportunities (3 jobs saved and 6 to 10 new jobs) to be achieved by the construction and equipping of the Project will be of public benefit to the health, safety and general welfare of the Issuer and its citizens; and, Having received the advise of the South Bend Economic Development Commission, it would appear that the financing of the Project would be of public benefit to the health, safety and general welfare of the Issuer and its citizens; and, It is preliminarily found that the construction of the addition to an existing building will not have an adverse competitive effect on any similar facility already constructed or operating in South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, as follows: 1. The Common Council of the City of South Bend finds, determines, ratifies and confirms that the promotion of diversification of economic development and job opportunities in and near South Bend, Indiana, is desirable to preserve the health, safety and general welfare of the citizens of the Issuer, and that it is in the public interst that the Commission and the Issuer take such action as they lawfully may to encourage economic development, diversification of industry and promotion of job opportunities in and near the Issuer. 2. The Common Council of the City of South Bend approves, determines, ratifies and confirms that the issuance and sale of economic development revenue bonds in an amount of approximately $1,350,000 of the Issuer under the Act for the acquisition, construction and equipping of the Project and the sale or leasing of the project to the Applicant or the loan of the proceeds of the revenue bonds to the Applicant will serve the public purposes referred to above, in accordance with the Act. 3. In order to induce the Applicant to proceed with the construction and equipping of the Project, the Common Council of the City of South Bend hereby approves, determines, ratifies and confirms that (i) it will take or cause to be taken such actions pursuant to the Act as may be required to implement the aforesaid financing, or as it may deem appropriate in pursuance thereof; provided that all of the foregoing shall be mutually acceptable to the Issuer and the Applicant; and (ii) it will adopt such ordinances and resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be necessary and advisable for the authorization, issuance and sale of said economic development revenue bonds; and (iii) it will use its best efforts at the request of Applicant to authorize the issuance of additional bonds and refunding and refinancing the outstanding principal amount of the bonds for completion of the Project and for additions to the Project, including the cost of issuance (providing that the financing of such addition or additions to the Project is found to have a public purpose (as defined in I.C. 36- 7 -12 -1) at the time or REGULAR MEETING JUNE 10,._.198.5 authorization of such additional bonds) and that the aforementioned purposes comply with the provisions of I.C. 36 -7 -12. 4. All costs of the Project incurred after the adoption of this inducement resolution, including reimbursement or repayment to the Applicant of moneys expended by the Applicant for planning, engineering, interest paid during construction, underwriting expenses, attorney and bond counsel fees, acquisition, construction and equipping of the Project will be permitted to be included as part of the bond issue to finance the Project, and the Issuer will sell or lease the same to the Applicant or loan the proceeds from the sale of the bonds to the Applicant for the same purposes. Also, certain direct expenses, including but not limited to planning, architectural work and engineering incurred prior to this inducement resolution will be permitted to be included as part of the bond issue to finance the Project. 5. That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to good faith efforts to consummate such proceedings and issue such bonds, and the South Bend Economic Development Commission and the City of South Bend, Indiana, their Officers and Agents, shall not incur any liability if for any reason the proposed issuance of such Bonds is not consummated. This inducement resolution shall be in full force and effect from and after its adoption by the Common Council and approval,by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, indicated that Steel Warehouse intended to construct an addition to an existing building, purchase new machinery and equipment, and make ready other portions of an existing building to accommodate the new machinery and equipment. He indicated three existing jobs will be saved and 10 additional jobs will be created. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1297 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1818 COMMERCE DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, the Common Council of the City of South Bend has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1818 Commerce and more particularly described by a line drawn as follows: Those lines surrounding Lot 21, Airport Industrial Park, Phase II, containing 4.12 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 held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has 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. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council REGULAR MEETING JUNE 10, 1985 A public hearing was held on the resolution at this time. Joseph Amaral, attorney, indicated that Data Link was expanding their facilities in the Airport Industrial Park. He indicated this expansion will permit employment to over 100 persons. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1298 -85 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF INTENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND P. JAMES AND M. MARIA SHEETZ PROVIDING FOR THE ISSUANCE BY SAID CITY OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF INDIANA CODE, TITLE 36, ARTICLE 7, CHAPTER 12, AS AMENDED. The area still has insufficient employment opportunities and insufficient diversification of industries, which conditions are harmful to the economic stability and general welfare of the area and, if not remedied, will be detrimental to the development of such area. The City of South Bend, Indiana (the "City ") is authorized under the provisions of Indiana Code, Title 36, Article 7, Chapter 12, as amended (the "Act "), to acquire, construct and finance economic development projects for the users thereof and to provide for the issuance of revenue bonds in conjunction therewith. The City, in order to implement the public purposes enumerated in the Act and in furtherance thereof to induce P. James and M. Maria Scheetz (the "Borrower ") to purchase of land and construction and equipping of improvements thereon (hereinafter collectively called the "Project ") within the limits of South Bend, Indiana, has indicated its intent to issue its revenue bonds under and pursuant to the provisions of he Act and to apply the proceeds therefrom to the payment of the costs of the Project. The Borrower, after considering a number of possible locations within and outside the State of Indiana, and in reliance upon the intent of the City of finance the Project through the issuance of revenue bonds under the provisions of the Act, has determined to construct and Project within the limits of South Bend, Indiana. It is now deemed advisable to authorize the execution and delivery of the City of a Memorandum of Intent expressing formally and in writing the understanding heretofore formally agreed upon by the City and the Borrower. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follow: SECTION 1. The Mayor is hereby authorized and directed to execute a Memorandum of Intent by and between the City and the Borrower and the City Clerk is hereby authorized and directed to affix the seal of the City thereto and to attest the same; and said Mayor and City Clerk are hereby authorized and directed to cause said Memorandum of Intent to be delivered to, accepted, and executed by the Borrower, said Memorandum of Intent, which is hereby approved and incorporated by reference and made a part of this authorizing resolution, to be in substantially the form attached hereto. SECTION 2 - All resolutions and orders, or parts thereof, in conflict with the provisions of this resolution are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate effect from and after its adoption. This inducement resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, indicated they planned to construct a building in the Landmark Business Park near the Toll Road to be leased to the local ChemLawn franchisee. He indicated 14 new permanent jobs will be created. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1299 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A LEASE PURCHASE AGREEMENT FOR CAPITAL EQUIPMENT. WHEREAS, the City of South Bend needs to replace certain capital equipment in order to provide essential services in an economic manner; and WHEREAS, the Board of Public Works on behalf of the Fire Department, Public Works Department and Department of Public Parks has received competitive bids for equipment for said departments and has awarded contracts for same; and WHEREAS, the Board of Public Works has solicited proposals for the financing of said equipment through a lease purchase agreement; and REGULAR MEETING JUNE_10, 1985 WHEREAS, the proposal of Security Pacific Leasing Corporation has been accepted by the Board of Public Works contingent on the approval of the Common Council and of the State Board of Tax Commissioners; and WHEREAS, the total cost of said equipment shall be a maximum of $2,500,000 plus trade -ins at an interest rate of 7.9% with semi - annual payments of a maximum of $265,995.00 commencing January 5, 1986 and payable every six (6) months thereafter for a total of six (6) years. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: SECTION I. The Lease Purchase Agreement with Security Pacific Leasing Corporation for the purchase of said equipment is approved. SECTION II. The Common Council of the City of South Bend intends to appropriate sufficient funds from the levy in the 1986, 1987, 1988, 1989, 1990 and 1991 budget years to cover payments due on said Lease Purchase Agreement. SECTION III. This resolution shall be in full force and effect upon passage by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Michael Vance, City Controller, indicated that passage of this resolution will allow the City to proceed with the master lease purchasing agreement signed by the Board of Public Works. He indicated the resolution demonstrates the Council's intent to fund the lease purchase payment over the next six (6) years. He indicated that the agreement would be for a maximum of 2.5 million. He indicated the amount is higher than originally anticipated as they have added the alley improvement equipment to this agreement. Council Member Braboy made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution passed by a roll call vote of nine ayes. RESOLUTION NO. 1300 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 1840 NORTH COMMERCE DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1840 North Commerce Drive, South Bend, Indiana, and which is more particularly described by a line drawn as follows: PARCEL 1: A tract of land in the Southwest Quarter of Section 33, Township 30 North, Range 2 East, City of South Bend, St. Jospeh County, Indiana, more particularly described as follows; Commencing at a brass plug at the center of said Section 33; thence South 90000100" West on and along the North line of said Southwest Quarter of Section 33 a distance of 679.78 feet; thence South 00042105" West a distance of 9.01 feet feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue, said point being the true place of beginning; thence South 90000100" West on and along the South line of said Progress Drive, a distance of 450.88 feet to an iron on the East line of Commerce Drive; thence South 00029121" East on and along the East line of Commerce Drive, a distance of 403.15 feet to an iron; thence North 89030'39" East a distance of 442.55 feet to an iron on the West line of Maplewood Avenue; thence North 00042105" East on and along the West line of Maplewood Avenue a distance of 399.39 feet to the place of beginning. Said tract being lot Number 22 of the Airport Industrial Park Phase 2. Also, a portion of Maplewood Avenue vacated by the City of South Bend, Indiana, pursuant to Vacation Resolution No. 3446, 1977, which portion is more particularly described as follows: A portion of Maplewood Avenue, beginning at the South right -of -way line of Progress Drive and the East right -of -way line of Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post Place Addition; thence West 50 feet; thence North 345 feet; thence East 50 feet to the place of beginning. PARCEL II: Lots Numbered Twenty -Five (25), Twenty -Six (26) and Twenty -Seven (27) as shown on the recorded Plat of Post Place now within and a part of the City of South Bend, together with the east 1/2 of the vacated Maplewood Avenue excepting therefrom a parcel of land 22 feet in width, East and West, taken off of the East end of said Lots heretofore conveyed to the Municipal City of South Bend for Street purposes, and also excepting the North 9 feet of Lot 25. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission 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 REGULAR MEETING JUNE 10, 1985 6 -1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in questions; 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. That 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 II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, indicated Stanz Realty intended to expand their facilities located at 1840 Commerce Drive. He indicated the site classifies for tax abatement, and the project will create ten new jobs, and preserve twelve exiting jobs. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Braboy. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 54 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY NORTH OF LASALLE STREET RUNNING EAST FROM MAIN STREET TO THE NORTH -SOUTH ALLEY FOR A DISTANCE OF 165 (ONE- HUNDRED SIXTY FIVE) FEET, LYING BETWEEN LOTS 173 AND 174 OF THE ORIGINAL PLAT OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing June 24, and refer it to the Zoning and Vacation Committee, seconded by Council Member Crone. The motion carried. BILL NO. 55 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY SOUTH OF HURON STREET RUNNING EAST FROM GRANT ST. TO BROOKFIELD ST. EXCEPTING THE NORTH -SOUTH INTERSECTING ALLEY FOR A COMBINED DISTANCE OF 240 FEET. ALL BEING IN HARPER & RUCKMAN'S SURVEY TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, LYING BETWEEN LOTS 187 -188 AND 159 -160. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing June 24, and refer it to the Zoning and Vacation Committee, seconded by Council Member Braboy. The motion carried. BILL NO. 56 -85 A BILL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 5 OF MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS ANIMALS & FOWL. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing July 22, and refer it to the Public Safety Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 59 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2610 PRAIRIE AVENUE INDIANA IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Braboy. The motion carried. BILL NO. 60 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3928 LINCOLN WAY WEST, COMMONLY KNOWN AS BRENTWOOD SHOPPING CENTER, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Serge made a motion to refer this bill to Area Plan, seconded by Council Member Puzzello. The motion carried. REGULAR MEETING _ _JUNE. 10_r 1985 BILL NO. 61 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 727 CORBY BLVD.IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Serge made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 62 -85 A BILL TRANSFERRING $475,174 AMONG ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Braboy made a motion to set this bill for second reading and public hearing June 24 and refer it to the Human Resources Committee, seconded by Council Member Zakrzewski. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Crone. The motion carried and the meeting was adjourned at 9:45 p.m.