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HomeMy WebLinkAbout09-09-85 Council Meeting MinutesREGULAR MEETING SEPTEMBER 9, 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, September 9, 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: The sub - committee has inspected the minutes of the the August 19 and 26, 1985, meeting of the Council and found them correct. Therefore, we recommend that the same be approved. Beverlie J. Beck Ann Puzzello Thomas Zakrzewski Council Member Zakrzewski made a motion that the minutes of the August 19 and 26, meetings of the Council be accepted and placed on file, seconded by Council Member Serge. The motion carried. SPECIAL BUSINESS Council President Beck announced that the Council would take applications for two citizen members and a veterinarian to serve on the Animal Control Commission, until Friday September 20. REPORTS Council Member Braboy indicated that the Human Resources Committee had met on Bill No. 102 -85, and Resolutions F, G, H, I, and J, and recommended them favorable. Council Member Serge indicated the Park Committee had met on Bill No. 105 -85 and recommended it favorable. Council Member Serge indicated that the Utilities Committee had met on Bill No. 106 -85 and recommended it favorable. Council Member Taylor indicated that the Public Safety Committee had met on Bill No. 103 -85 and recommended it favorable. Council Member Puzzello indicated that the Personnel and Finance Commitee had met on Bill No. 107 -85 and recommended it favorable. Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill Nos. 74 and 88 -85 and recommended them favorable. Council Member Puzzello made a motion to resolve into the Committee of the Whole, seconded by Council Member Taylor. 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 Monday, September 9, at 7:15 p.m., with nine members present. Chairman Serge presiding. BILL NO. 88 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 913 S. TWYCKENHAM DR., 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, of Area Plan, gave the staff report, which was favorable. Joe Garrage, of Portage Realty, made the presentation for the bill. He indicated this property was zoned "B" residential until the blanket zoning of River Park. He indicated this property is not suitable for a family residence. He indicated South Bend & Vicinity Electrical Joint Apprenticeship Training Committee, desired to use this space as their office. William Haase, R. R. 1, Berrien Springs, indicated no electrical exams would be given at this location, it would be used strictly as office space. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 74 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1102 E. WAYNE STREET, 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, of Area Plan, gave the staff report, which was favorable. Council Member Beck made the REGULAR MEETING SEPTEMBER 9, 1985 presentation for the bill. She indicated the residents of the area were under the impression that this property was included in the recent rezoning at Eddy and Jefferson. She indicated this property is presently for sale, and the neighborhood residents are anxious that it be retained as a residential property. Jean Dennen, 1113 E. Wayne, spoke in favor of this zoning. Council Member Zakrzewski made a motion to recommend this bill tot he Council favorable, seconded by Council Member Braboy. The motion carried. BILL NO. 102 -85 A BILL TRANSFERRING $250,000 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Jon Hunt, Director of Redevelopment, made the presentation for the bill. He indicated they proposed to transfer $100,000 to the Bureau of Housing for various programs. He indicated the balance will be combined with private debt and equity financing for an economic development project within the East Bank Development Area. Tom and Steve Brademas, 425 N. Michigan, indicated they proposed to turn the old South Bend Lathe into a 60 room motel, restaurant "Old Spaghetti Works ", and a marina. They indicated 137 Jobs will be created. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 103 -85 A BILL AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED BUILDINGS. 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 Beck made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Crone. The motion carried. Kathy Bernard, Director of Code Enforcement, made the presentation for the bill. She indicated this bill updates the code by listing editions required by the State of Indiana for Electrical, Plumbing, Energy, Contruction Rules and Regulations, and One and Two Family Dwelling Code. She indicated the 1984 BOCA replaces the 1978. 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. 105 -85 A BILL APPROPRIATING FUNDS IN THE AMOUNT OF $55,000.00 FROM THE GENERAL PARK FUND TO ACCOUNT NUMBER 01.0399, OTHER CONTRACTUAL SERVICES ($30,000.00), ACCOUNT NUMBER 01.0429, OTHER EQUIPMENT ($15,000.00) AND ACCOUNT NUMBER 01.0255, OTHER MATERIALS ($10,000.00) ALL ACCOUNTS BEING IN THE PARK MAINTENANCE FUND O1. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Bob Niezgodski, Fiscal Officer, for the Park Department, made the presentation for the bill. He indicated this bill would appropriate $30,000 into Other Contractual Services, $15,000 into Other Equipment and $10,000 into Other Materials. He indicated there is a shortage in Other Contractuals due to unexpected expenses to repair and redesign the head gates at the East Race Waterway, and also, to pay for preliminary design work for the proposed Stanley Coveleski Regional Stadium. He indicated they also needed to purchase kitchen equipment and supplies at the Erskine Park Clubhouse and supplies and equipment for the Zoo. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 106 -85 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CERTAIN PORTIONS OF CHAPTER 17 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 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. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated the City is under a mandate from the Environmental Protection Agency, to develop and implement and Industrial Pretreatment Program. He indicated the City has developed such a program and it has tentatively been approved by both the U.S. EPA and the State Department of Health. He indicated the passage of this bill was the final step required. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 107 -85 A BILL APPROPRIATING $4,100.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR REPAIR OF THE MORRIS CIVIC AUDITORIUM ROOF AND FOR PAINT FOR THE DRESSING ROOMS AND PUBLIC RESTROOMS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Brian Hedman, Director of Century Center, made the presentation for the bill. He indicated that this appropriation was necessary in order to prevent further water damage and improve the appearance of the dressing rooms. Council Member Zakrzewski made a motion to recommend this bill 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 Taylor made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: ATTEST: -REGULAR -MEETING _ .SEPTEMBER _ 9,_ 1985 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 8:22 Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7510 -85 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 913 S. TWYCKENHAM DR., IN 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 Braboy. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7111 -85 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1102 E. WAYNE STREET, IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7512 -85 AN ORDINANCE TRANSFERRING $250,000 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Zakrzewski 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. 713 -85 AN ORDINANCE AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED BUILDINGS. 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 Taylor made a motion to pass the bill, as amended, seconded by Council Member Crone. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7j'14 -85 AN ORDINANCE APPROPRIATING FUNDS IN THE AMOUNT OF $55,000.00 FROM THE GENERAL PARK FUND TO ACCOUNT NUMBER 01.0399, OTHER CONTRACTUAL SERVICES ($30,000.00), ACCOUNT NUMBER 01.0429, OTHER EQUIPMENT ($15,000.00) AND ACCOUNT NUMBER 01.0255, OTHER MATERIALS ($10,000.00) ALL ACCOUNTS BEING IN THE PARK MAINTENANCE FUND 01. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Crone. The bill passed by a roll call vote of eight ayes and one nay (Council Member Voorde). ORDINANCE NO. 7.5715 -85 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CERTAIN PORTIONS OF CHAPTER 17 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS SEWERS AND WATER. 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. 76*16 -85 AN ORDINANCE APPROPRIATING $4,100.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR REPAIR OF THE MORRIS CIVIC AUDITORIUM ROOF AND FOR PAINT FOR THE DRESSING ROOMS AND PUBLIC RESTROOMS. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1329 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 201 NORTH MAIN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. REGULAR MEETING SEPTEMBER 9, 1985 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 201 North Main and more particularly described by a line drawn as follows: Lots 226, 227 and 228 in the "ORIGINAL PLAT OF THE TOWN (now City) OF SOUTH BEND" as recorded in the records of St. Joseph County, Indiana EXCEPTING: Beginning at the Southwest Corner of said Lot 228; thence, North, 198.00 ft. to the N.W. Corner of Lot #226; thence, East, 100.00 ft.; thence, South, 139.90 ft; thence, West, 44.80 ft.; thence, South, 8.00 ft.; thence, West, 17.00 ft.; thence, South, 50.10 ft; thence, West, 38.20 ft., to the Point 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 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 or personal) 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 A public hearing was held on the resolution at this time. Alan Enderle, attorney, indicated this partnership intends to expend approximately $1,000,000 to repair and renovate this property. He indicated it was anticipated 25 new permanent full -time jobs will be created, and 50 existing permanent full -time and 15 part -time jobs will be maintained. He indicated this building will be used as office space and retail space. 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. Council Member Puzzello made a motion to combine public hearing on Resolutions B and C, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 1330 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 604 SOUTH SCOTT 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 604 South Scott and more particularly described by a line drawn as follows: PARCEL 1: Lot Numbered One (1) except the South 20 feet thereof, and Lots Numbered Two (2), Three (3) and Four (4) in Ford's Subdivision of the South part of Bank Out Lot Numbered Sixty (60) in the First Plat of Out Lots of the Town, (now City), of South Bend, platted by the State Bank of Indiana. PARCEL II: A part of Bank Out Lot Numbered Sixty (60) in the City of South Bend as platted by the State Bank of Indiana, and more particularly described as follows: Beginning on the West Line of Prairie Avenue as existed on December 31, 1960 and the North line of Lot Numbered 3 as shown on the recorded Plat of Ford's Subdivision of a part of Bank Out Lot Numbered 60 as recorded on August 20, 1873 in Plat Book 3, page 31, in the Office of the Recorder of St. Joseph County, Indiana; thence Westerly along the North line of Lots Numbered 3 and 4 in Ford's Subdivision a distance of 142 feet to the east line of Scott Street; thence North and along the East line of Scott Street 227 feet; thence Northeasterly at right angles to the East line of Scott Street 268 feet, more or less, to the West line of Prairie Avenue as existed on December 31, 1960; thence Southerly and along said West line 254 feet, more or less to the place of beginning. REGULAR MEETING SEPTEMBER 9, 1985 PARCEL III: That part of Bank Out Lot Numbered Sixty (60) as platted and recorded by the State Bank of Indiana, located in the City of South Bend, which lies North of the North line of a parcel of land conveyed by the Lake Shore Michigan Southern Railway Company to the Standard Oil Company by Deed Dated August 14th 1893, recorded in Book 93, page 348 of the records of the Recorder of St. Joseph County, and which lies South of a line beginning at a point in the Easterly line of Scott Street in the said City of South Bend 16.8 feet, more or less, Southerly of the center of the track of the New York Central Railroad Company lying South of the four main tracks of said railroad company, measured along the east line of said Scott Street, said point being distant .3 feet Southerly, measured along said street line at sidewalk level, from the Southerly edge of the Southeasterly pylon of the bridge of The New York Central Railroad Company over Scott Street, said point also being 165.22 feet, more or less, North of the intersection of the East line of Scott Street with the North line of land conveyed to the Standard Oil Company by deed dated August 14th, 1893, as aforesaid, measured along the East line of said Scott Street; thence Southeasterly along a straight line forming an angle of 79011' measured from South to East with said East line of Scott Street, a distance of 311.7 feet to a point which is 14.6 feet Southerly of said track of the New York Central Railroad Company measured at right angles to said straight line, said point being also .1 feet Northerly of the Northwesterly corner of the top of retaining wall extending Westerly from the Southwesterly pylon of the bridge of The New York Central Railroad Company over Prairie Street, said line passes through a point marked by a drill hole placed in the face of the retaining wall situated on the East side of said Scott Street at a point 3 feet above sidewalk level; thence Southerly along a straight line forming an angle of 94050' to last described straight line, measured from West to South, a distance of 4.6 feet to a point distant 2.75 feet by rectangular measurement Southeasterly from the face of the retaining wall aforesaid; thence Easterly along a straight line parallel to said retaining wall, a distance of 31.8 feet, more or less, to a point in the Westerly line of Prairie Avenue and forming an angle of 66030' with said Westerly line of Prairie Avenue measured from West to South, said point in the Westerly line of Prairie Avenue being 18.9 feet, more or less, Southwesterly of the center line of said track of the New York Central Railroad company measured along the said Westerly line of Prairie Avenue, said point also being 112.8 feet, more or less, Northeasterly of the intersection of said Westerly line of Prairie Avenue with the Northerly line of said parcel of land conveyed to The Standard Oil Company by deed dated August 14th, 1983, as aforesaid. ALL PARCELS: located in St. Joseph County, Indiana. 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 RESOLUTION NO. 1331 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 604 SOUTH SCOTT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL 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 604 South Scott and more particularly described by a line drawn as follows: REGULAR MEETING SEPTEMBER 9, 1985 PARCEL 1: Lot Numbered One (1) except the South 20 feet thereof, and Lots Numbered Two (2), Three (3) and Four (4) in Ford's Subdivision of the South part of Bank Out Lot Numbered Sixty (60) in the First Plat of Out Lots of the Town, (now City), of South Bend, platted by the State Bank of Indiana. PARCEL II: A part of Bank Out Lot Numbered Sixty (60) in the City of South Bend as platted by the State Bank of Indiana, and more particularly described as follows: Beginning on the West Line of Prairie Avenue as existed on December 31, 1960 and the North line of Lot Numbered 3 as shown on the recorded Plat of Ford's Subdivision of a part of Bank Out Lot Numbered 60 as recorded on August 20, 1873 in Plat Book 3, page 31, in the Office of the Recorder of St. Joseph County, Indiana; thence Westerly along the North line of Lots Numbered 3 and 4 in Ford's Subdivision a distance of 142 feet to the east line of Scott Street; thence North and along the East line of Scott Street 227 feet; thence Northeasterly at right angles to the East line of Scott Street 268 feet, more or less, to the West line of Prairie Avenue as existed on December 31, 1960; thence Southerly and along said West line 254 feet, more or less to the place of beginning. PARCEL III: That part of Bank Out Lot Numbered Sixty (60) as platted and recorded by the State Bank of Indiana, located in the City of South Bend, which lies North of the North line of a parcel of land conveyed by the Lake Shore Michigan Southern Railway Company to the Standard Oil Company by Deed Dated August 14th 1893, recorded in Book 93, page 348 of the records of the Recorder of St. Joseph County, and which lies South of a line beginning at a point in the Easterly line of Scott Street in the said City of South Bend 16.8 feet, more or less, Southerly of the center of the track of the New York Central Railroad Company lying South of the four main tracks of said railroad company, measured along the east line of said Scott Street, said point being distant .3 feet Southerly, measured along said street line at sidewalk level, from the Southerly edge of the Southeasterly pylon of the bridge of The New York Central Railroad Company over Scott Street, said point also being 165.22 feet, more or less, North of the intersection of the East line of Scott Street with the North line of land conveyed to the Standard Oil Company by deed dated August 14th, 1893, as aforesaid, measured along the East line of said Scott Street; thence Southeasterly along a straight line forming an angle of 79011' measured from South to East with said East line of Scott Street, a distance of 311.7 feet to a point which is 14.6 feet Southerly of said track of the New York Central Railroad Company measured at right angles to said straight line, said point being also .1 feet Northerly of the Northwesterly corner of the top of retaining wall extending Westerly from the Southwesterly pylon of the bridge of The New York Central Railroad Company over Prairie Street, said line passes through a point marked by a drill hole placed in the face of the retaining wall situated on the East side of said Scott Street at a point 3 feet above sidewalk level; thence Southerly along a straight line forming an angle of 94050' to last described straight line, measured from West to South, a distance of 4.6 feet to a point distant 2.75 feet by rectangular measurement Southeasterly from the face of the retaining wall aforesaid; thence Easterly along a straight line parallel to said retaining wall, a distance of 31.8 feet, more or less, to a point in the Westerly line of Prairie Avenue and forming an angle of 66030' with said Westerly line of Prairie Avenue measured from West to South, said point in the Westerly line of Prairie Avenue being 18.9 feet, more or less, Southwesterly of the center line of said track of the New York Central Railroad company measured along the said Westerly line of Prairie Avenue, said point also being 112.8 feet, more or less, Northeasterly of the intersection of said Westerly line of Prairie Avenue with the Northerly line of said parcel of land conveyed to The Standard Oil Company by deed dated August 14th, 1983, as aforesaid. ALL PARCELS: located in St. Joseph County, Indiana. 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. REGULAR MEETING _ .. SEPTEMBER _.9., 19 -8 5 /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolutions at this time. Ernest Szarwark, attorney, indicated this company conducts the recycling of industrial and commercial by- products into useable fuel largely for use by utilities. He indicated this project qualifies for tax abatement under the current standards. He indicated two jobs will be saved and nineteen new jobs will be created. Council Member Taylor made a motion to adopt Resolution No. 1330 -85, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. Council Member Taylor made a motion to adopt Resolution No. 1331 -85, seconded by Council Member ' Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1332 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF j SOUTH BEND, COMMONLY KNOWN AS 5712 CLEVELAND ROAD 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 5712 Cleveland Road and more particularly described by a line drawn as follows: That part of the East half of the Northeast quarter of Section 19, and the West half of the West half of the Northwest quarter of Section 20 T, 38 N., R. 2 E., German Township, St. Joseph County, Indiana, which is described as: Beginning at a Point which is S. 000481 E., 109.48 ft. from a Point on the North line of said Section 19 which is N. 89038' E., 613.05 ft. from the Northwest Corner of the East half of the East half of the Northeast quarter of said Section 19; thence N. 74020145" E., 153.56 ft.; thence N. 89054158" E., 202.68 ft.; thence S. 81038144" E., 154.30 ft.; thence S. 68002155" E., 180.98 ft.; thence, around a 854.93 ft. radius curve to the right an Arc distance of 500.09 ft. to the end of a chord which bears S. 51037'57" E. and have a chord distance of 492.99 ft.; thence S. 34052'30" E., 230.30 ft.; thence around a 1532.40 ft. radius curve to the left an Arc distance of 313.75 ft. to the end of a chord which bears S. 40044126" E. and have a chord distance of 313.21 ft.; thence S. 00035100" E., 1246.47 ft.; thence S. 89042157" W., 89.87 ft.; thence N. 49016145" W., 548.69 ft.; thence S. 89042'55" W., 235.00 ft.; thence, S. 53031121" W., 254.02 ft.; thence S. 10041147" W., 341.25 Ft.; thence N. 00048100" W., 610.00 ft.; thence S. 89042157" W., 332.78 ft.; thence N. 5032117" E., 60.31 ft.; thence around a 35.00 ft. radius curve to the right an Arc distance of 54.67 ft. to the end of a chord which bears N. 45032'37" W. and having a chord distance of 49.28 ft.; thence, N. 00048'00" W., 533.76 ft.; thence, around a 8958.91 ft radius to the left an Arc distance of 250.86 ft. to the end of a chord which bears N. 1036108" W. and having a chord distance of 250.85 ft.; thence around a 8898.91 ft. radius curve to the right an arc distance of 249.18 ft. to the end of a chord which bears N. 1036108" W. and having a chord distance of 249.17 ft.; thence N. 00048'00" W., 420.66 ft. to the Point of Beginning. Containing 49.2075 Acres, all of which is located in the County of St. Joseph in the State of Indiana. 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. REGULAR MEETING SEPTEMBER 9, 1985 /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, indicated Ameritech plans to build a warehouse facility, which will be used as a multi -state regional warehousing and motor freight facility. This facility will create 180 new jobs. He indicated this project falls within the current criteria for tax abatement. Council Member Zakrzewski made a motion to adopt this Resolution, seconded by Council Member Taylor. The resolution passed by a roll call vote of nine ayes. RESOLUTION A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 5712 CLEVELAND ROAD AN ECONOMIC REVITIALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. Council Member Taylor made a motion to continue public hearing on this bill until September 23, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 1333 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 350 S. COLUMBIA 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 350 S. Columbia, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A parcel in the Southeast Quarter of Section 12, Township 37 North, Range 2 East, also being a part of Block 8 of the recorded Plat of River Bend Addition, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at the intersection of the East right -of -way line of Columbia Street and the North right -of -way line of Monroe Street as shown on said Plat of River Bend Addition; thence North 0030'18" West along said East right -of -way line of Columbia Street 293.20 feet; thence continuing on said East right -of -way line of Columbia Street northward along a curve to the left, having a radius of 421.97 feet and subtended by a long chord with a bearing of North 2022'43" West a distance of 27.60 feet to the POINT OF BEGINNING; thence continuing on said right -of -way line northward along a curve to the left having a radius of 421.97 feet and subtended by a long chord 137.68 feet in length with a bearing of North 5200010" East 86.74 feet; thence South 38000'00" East 255.00 feet; thence South 98.62 feet; thence South 75020148" West 78.20 feet to the Point of Beginning. 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 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 or personal) 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 --REGULAR - MEETING- - _ _ _.._. _._ -- SEPTEMBER 9, .1985 -- A public hearing was held on the resolution at this time. Ernest Szarwark, y, attorney, indicated Dr. Harrington has enter into a contract to buy this property. He indicated the doctor plans to build a 3,400 square foot structure for approximately $300,000. He indicated this project will save 10 existing jobs and J create 2 additional jobs. He indicated this project is located within a tax 1 abatement impact area. 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 eight ayes and one nay (Council Member Puzzello.) RESOLUTION NO. 1334 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 2920 W. SAMPLE 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 2920 W. Sample, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A lot or parcel of land in the Northwest Quarter of the Northwest Quarter of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East, described as follows, to -wit: Beginning on the South line of Sample Street in the City of South Bend, Indiana, at a point 330 feet East and 35 feet South of the Northwest corner of said Section 15; thence East along the South line of Sample Street 400 feet; thence South a distance of 536.78 feet more or less to the Northerly right -of -way line of the New Jersey, Indiana and Illinois Railroad; thence Southwesterly along said Northerly right -of -way line of the New Jersey, Indiana and Illinois Railroad 437.58 feet more or less to a point due South of the place of beginning; thence North 714.1 feet more or less to the place of beginning. ALSO, a lot or parcel of land in the Northwest Quarter of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East in the City of South Bend, St. Joseph County, Indiana described as beginning 35 feet South and 165 feet East of the Northwest Corner of Section 15, Township 37 North, Range 2 East, which beginning point is on the South line of Sample Street; thence East (bearing assumed) 165 feet along the South line of said Sample Street; thence South zero degrees 04 minutes West 714.01 feet to the Northerly right -of -way line of the New Jersey, Indiana and Illinois Railroad Right of way; thence South 65 degrees 59 minutes 50 seconds West 251.6 feet along said Northerly right -of -way; thence North zero degrees 02 minutes 50 sections East 587.24 feet to a point 229 feet South and 65 feet West of place of beginning; thence North 89 degrees 50 minutes 50 seconds East 65 feet; thence North zero degrees 02 minutes 50 seconds East 229 feet to place of beginning. EXCEPTING THEREFROM, a parcel of land being a part of the Northwest Quarter of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East in the City of South Bend, St. Joseph County, Indiana, described as follows: Starting at a point 35 feet South and 165 feet East of the Northwest corner of Section 15, Township 37 North, Range 2 East which point is on the South line of East Sample Street; thence South 0 degrees 2 minutes 50 seconds West, 229 feet to the true point of beginning for this description; thence continuing as an extension to the last described line South 0 degrees 2 minutes 50 seconds to the Northerly right -of -way of the Norfolk and Western Railroad (N.J.I. and I.R.R.); thence South 65 degrees 59 minutes 50 seconds West in a Southwesterly direction along the railroad right -of -way to a point which is 109.4 feet Northeasterly as measured on said railroad right -of -way from the West line of Section 15, Township 37 North, Range 2 East; thence North 0 degrees 2 minutes 50 seconds East, 587.24 feet to a point (which point is 264 feet South and 100 feet East of the Northwest corner of said Section 15); thence North 89 degrees 50 minutes 50 seconds East, 65 feet to the point of beginning. 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 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. REGULAR MEETING SEPTEMBER 9, 1985 SECTION II. That this designation shall be limited to five (5) calendar years rom 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 Hof the public hearing before the Common Council on said declaration. SECTION IV. This resolution shall be in full force and effect from and after sits adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council public hearing was held on the resolutions at this time. Thomas Brunner, ttorney, indicated they were requesting this abatement for GEM Partnership. He ndicated they planned to convert the building into a distribution and operations enter for General Microcomputer, Inc. He indicated the project will result in the reation of approximately 25 new jobs. Council Member Zakrzewski made a motion to dopt this resolution, seconded by Council Member Taylor. The resolution was dopted by a roll call vote of nine ayes. ouncil Member Voorde made a motion to combine public hearing on Resolutions H and , seconded by Council Member Taylor. The motion carried. SOLUTION NO. 1335 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 3603 PROGRESS DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed ith the Common Council of the City of South Bend, requesting that the area commonly nown as 3603 Progress Drive, South Bend, Indiana, and which is more particularly escribed by a line drawn as follows: A tract or parcel of land located in the Southwest Quarter of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, more particularly described as follows: Beginning at a point which is One Hundred Ninety -five and and Eighteen Hundredths (195.18) feet North and Eight Hundred Fifty -five and Fifty -four Hundredths (855.54) feet Easterly of the center of said Section 33, said point being on the North line of Progress Drive; thence North 0019'51" East a distance of Four Hundred Sixty -eight and Seventy -three Hundredths (468.73) feet to the South line of the St. Joseph County Airport; thence South 89059'51" West a distance of Four Hundred Seventy and Sixty -five Hundredths (470.65) feet to the North line of Progress Drive; thence North 89040109" West a distance of Four Hundred Thirty -nine and Seventy -one Hundredths (439.71) feet to the point of beginning. designated as an Economic Revitalization Area under the provisions of Indiana e 6 -1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and repared a report with information sufficient for the Common Council to determine hat the area qualifies as an Economic Revitalization Area under Indiana Code -1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the oundaries and such other information as required by law of the area in questions; WHEREAS, the Human Resources and Economic Development Committee of the Common ncil has reviewed said report and recommended to the Common Council that the area lifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, ndiana, as follows: SECTION I. That the Common Council hereby accepts the report and recommendation >f the Human Resources and Economic Development Committee that the area herein eescribed be designated an Economic Revitalization Area and hereby adopts a .-esolution designating this area as an Economic Revitalization Area for purposes of -eal property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years :rom 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 'he adoption of this resolution to be published, said publication providing notice �f 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. _REGULAR MEETING _ SEPTEMBER 9-1-1285--- /s/ Beverlie J. Beck Member of the Common Council RESOLUTION NO. 1336 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOt H BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMO Y KNOWN AS 3603 PROGRESS DRIVE AN ECONOMIC REVITALIZAT N AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT .I WHEREAS, a petition for personal property tax abatement consideration has bee filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3603 Progress Drive, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A tract or parcel of land located in the Southwest Quarter of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, more particularly described as follows: Beginning at a point which is One Hundred Ninety -five and Eighteen Hundredths (195.18) feet North and Eight Hundred Fifty -five and Fifty -four Hundredths (855.54) feet Easterly of the center of said Section 33, said point being on the North line of Progress Drive; thence North 0019'51" East a distance of Four Hundred Sixty -eight and Seventy -three Hundredths (468.73) feet to the South line of the St. Joseph County Airport; thence South 89059151" West a distance of Four Hundred Seventy and Sixty -five Hundredths (470.65) feet to the North line of Progress Drive; thence North 89040109" Wes a distance of Four Hundred Thirty -nine and Seventy -one Hundredths (439.71) fee to the point of beginning. 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 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 j Council has reviewed said report and recommended to the Common Council that the areda qualifies as an Economic Revitalization Area. iI NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Indiana, as follows: SECTION I. That the Common Council hereby accepts the report and recommenda 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 personal property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar year 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 the adoption of this resolution to be published, said publication providing noti 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. Mark Pajakowski, President of Automatic, indicated they were requesting real and personal abatement to expand their facility. He indicated their company was experiencing the need fo newer technological equipment and larger size presses. Council Member Serge made motion to adopt Resolution No. 1335 -85, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewsk made a motion to adopt Resolution No. 1336 -85, seconded by Council Member Taylor. The resolution was adopted by a roll call vote nine ayes. RESOLUTION NO. 1337 -85 AN INDUCEMENT RESOLUTION RELATING TO THE EAST RACE HOUSING PROJECT WHEREAS, pursuant to I.C. 18- 6 -4.5, the Common Council of the City of South Bend, Indiana created the South Bend Economic Development Commission, which Commission, following an investigation and survey, has determined that a need exis in the community for additional job opportunities and commercial and industrial diversification. That in order to improve and promote job opportunities, commerci diversification, and the general welfare of the community, a financing agreement should be entered into with T. Brooks Brademas or his assigns, relating to a proje to be known as the "East Race Commercial Project "; and 1 1 �I 1 7 REGULAR MEETING SEPTEMBER 9, 1985 i f WHEREAS, T. Brooks Brademas proposes to acquire a parcel of real estate located on Niles Avenue, in South Bend, St. Joseph County, Indiana, and to acquire and rehabilitate buildings thereon, consisting of some 50,000 square feet; and, WHEREAS, to induce T. Brooks Brademas, or his assigns, to become the principal user of such Economic Development Facilities, the South Bend Common Council desires to adopt this resolution; and, WHEREAS, it is apparent that the development of the East Race Housing Project will increase job opportunities and commercial diversification in St. Joseph County, Indiana, resulting in benefit to welfare of the public in the City of South Bend and St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council as follows: SECTION 1. That approval is hereby given to the application of T. Brooks Brademas relating to the acquisition of such real estate and the rehabilitation of the buildings thereon, wherein Industrial Revenue Bonds would be issued by the City of South Bend, Indiana, for an amount not exceeding $2,500,000.00 repayable with interest thereon over a period of time and with a maturity date which does not extend beyond thirty (30) years after the issue date. SECTION 2. In order to encourage, induce and solicit such application by T. Brooks Brademas for such Industrial Revenue Bond issue relating to the acquisition and rehabilitation of such Economic Development Facilities, the South Bend Common Council shall proceed to cooperate with and take such action as may be necessary in the drafting of documents or the performance of such other acts as will facilitate the issuance of such Industrial Revenue Bonds by the City of South Bend, Indiana, to provide funds to be used toward the payment of the costs of acquiring such real estate and the rehabilitation of such Economic Development Facilities. SECTION 3. Any costs or expenses incurred in connection with the East Race Project shall be included in the project costs and reimbursed from the proceeds of the Industrial Revenue Bonds to be issued with respect thereto. SECTION 4. That the liability and obligation of the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such bonds, and neither the South Bend Common Council nor the City of South Bend, Indiana, or its officers or agents, shall incur any any liability whatsoever if for any reason the proposed issuance of such Bonds is not consummated. This resolution adopted by the South Bend Common Council of the City of South Bend, Indiana, this 9th day of September 1985. /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 the petitioner was planning to develop a sixty room motel, restaurant and a marina in the East Bank target area. He indicated 137 new 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. 1338 -85 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO: AUTOMATIC MOLDED PLASTICS, INC., AND AQUARIUS PLASTIC FINISHERS, INC. WHEREAS, at the present time, there are insufficient employment opportunities and insufficient diversification of business, commerce and industry and insufficient tax base in the City of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition and construction of economic development facilities, pursuant to the provisions of Indiana Code s36 -7 -12 (the "Act "); and WHEREAS, Automatic Molded Plastics, Inc. and Aquarius Plastic Finishers, Inc. desire to acquire certain economic development facilities in South Bend, Indiana, provided that the City will finance a portion of the costs of such facilities, pursuant to the Act, which facilities will constitute economic development facilities, as defined in the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by Automatic Molded Plastics, Inc. and Aquarius Plastic Finishers, Inc. for the issuance of City of South Bend Economic Development Revenue Bonds in the total amount of Three Million and No /100 Dollars ($3,000,000.00), with One Million Nine Hundred Forty -five Thousand and No /100 Dollars ($1,945,000.00), for Automatic Molded Plastics, Inc. and One Million Fifty -five Thousand and No /100 Dollars ($1,055,000.00) for Aquarius Plastic Finishers, Inc., for the following economic Development facilities ( "Project "): A. Automatic Molded Plastics, Inc. will acquire: REGULAR MEETING SEPTEMBER _9,_.1985 e One (1) building addition consisting of an additional 20,000 square feet which would bring the building to a total of 107,000 square feet Six (6) 200 ton molding machines Two (2) 300 ton molding machines Two (2) 400 ton molding machines. B. Aquarius Plastic Finishers, Inc: will acquire: Two (2) 1,200 ton injection molding machines One (1) 700 ton injection molding machine resulting in the addition, over a 5 to 7 year range of one hundred (100) new jobs at Automatic Molded Plastics, Inc and one hundred (100) new jobs at Aquarius Plastic Finishers, Inc., with seventy -five (75) jobs being saved at Automatic Molded Plastics, Inc. There is an anticipated increased payroll of One Million Four Hundred Thousand and No /100 Dollars ($1,400,000.00) for Automatic Molded Plastics, Inc. and One Million Three Hundred Thousand and No /100 Dollars ($2,300,000.00) for Aquarius Plastic Finishers, Inc., with a projected payroll from jobs saved of approximately One Million Seventy Thousand and No /100 Dollars ($1,070,000.00) for Automatic Molded Plastics, Inc.; and WHEREAS, Automatic Molded Plastics, Inc. will use Seven Hundred Fifty Thousand and No /100 Dollars ($750,000.00) of the bonds for the building addition and the period of these bonds will be ten (10) years, with interest at the fixed rate of ten per cent (10 %). The remaining Two Million Two Hundred Fifty Thousand and No /100 Dollars ($2,250,000.00) of the bonds will be used by Automatic Molded Plastics, Inc. and Aquarius Plastic Finishers, Inc. for equipment acquisition and the period for these bonds will be seven (7) years, with interest at the fixed rate of ten per cent (10 %) . NOW, THEREFORE, the Common Council of the City of South Bend, Indiana, moves as follows: 1. The Project constitutes economic development facilities which shall be financed by the City through the issuance of revenue bonds pursuant to the Act, and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately Three Million and No /100 Dollars ($3,000,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. The proposed financing of the Project by the City for Automatic Molded Plastics, Inc. and Aquarius Plastic Finishers, Inc. is hereby found to comply with the purposes and provisions of the Act and Automatic Molded Plastics, Inc. and Aquarius Plastic Finishers, Inc. may proceed with the Project in reliance upon this resolution. 4. The South Bend Economic Development Commission shall take such action as is necessary to facilitate the issuance of Industrial Development Revenue Bonds (the "Bonds ") by the City of South Bend, Indiana, for the Project, but that all costs and expenses incurred in the issuance shall be Project costs to be disbursed from the proceeds of the Bonds. 5. The South Bend Economic Development Commission, the South Bend Common Council and the City shall not be liable if the issuance of the Bonds is not consummated. This Inducement Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, indicated the petitioners were planning an expansion of their business, as well as the purchase of new machinery. He indicated that two hundred new jobs will be creased over a five to seven year range. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by,a roll call vote of nine ayes. RESOLUTION NO. 1339 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND TO ENTER INTO, ALONG WITH THE COUNTY OF ST. JOSEPH AND THE CITY OF MISHAWAKA, A JOINT COMMISSION TO BE KNOWN AS THE DISABILITY RIGHTS COMMISSION. WHEREAS, the City of South Bend promotes the full integration of persons with disabilities into all areas of economic, political, and community life, WHEREAS, it is the policy of the City of South Bend to promote equal opportunity in employment and access to public accomodations, and to eliminate practices which discriminate in these areas on the basis of disability. It is further the policy of 1 1 F__� 1 REGULAR MEETING SEPTEMBER 9, 1985 said unit of government to support the federal policies of equal opportunity in education and housing, WHEREAS, there exist barriers to full integration and to the elimination of discriminatory practices, WHEREAS, it is recognized by the City of South Bend that in society such barriers and discriminatory practices work to deprive the community of participation by a significant segment of its population, thereby depriving the community of the talents, skills, and knowledge of that segment, WHEREAS, city of South Bend is fully committed to utilizing all appropriate resources at its disposal, and to coordinating efforts with persons with disability toward the goals of removing barriers to full integration and the elimination of discriminatory practices., WHEREAS, the St. Joseph County and the City of Mishawaka have the same concerns and the many similar problems, it would be best to utilize a united effort to reach these goals through a joint commission to be known as The Disability Rights Commission. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: SECTION I. The City is authorized to participate in a disability Rights Commission, the terms of which are set forth in and attached to this Resolution, with all powers and duties as set forth in said attachment. SECTION II. The Disability Rights Commission shall report on its findings to the Council at least once a year. SECTION III. This Resolution shall be in full force and effect from and after its passage by the Common Council and its approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Craig Hartzer, Deputy Mayor, indicated this resolution authorizes the City's participation in a Disability Rights Commission with representatives from the County and Mishawaka for the promotion of the full integration of persons with disabilities into all areas of economic, political and community life. He indicated that the Mishawaka and St. Joseph Councils will take action on a similar resolution in the very near future. 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. 1340 -85 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO AN APPLICATION BY MONTE WECHTER AND BETTY M. WECHTER FOR THE ISSUANCE OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS. WHEREAS, at the present time, there are insufficient employment opportunities and insufficient diversification of business, commerce and industry and insufficient tax base in the City of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition and construction of economic development facilities, pursuant to the provisions of Indiana Code s36 -7 -12 (the "Act "); and WHEREAS, Monte Wechter and Betty M. Wechter (the "Wechters ") proposed to acquire economic development facilities in South Bend, Indiana as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by the Wechters for the issuance of City of South Bend Economic Development Revenue Bonds in the approximate amount of Four Hundred Thousand and n6/100 ($400,000.00) with terms of repayment to be determined by the market rates at the time the bonds are sold and the proceeds of the bonds will be used to acquire and remodel a warehouse and distribution facility located at 917 South Chapin Street, in the City of South Bend, Indiana, for lease to Mid West Sales and Service, Inc., resulting the preservation of fifteen (15) full -time and three (3) part -time jobs and the addition of three (3) full -time and one (1) part -time jobs added to the payroll of Mid West Sales and Services, Inc. resulting in an annual payroll of approximately $600,000 for the facility. NOW, THEREFORE, the Common Council of the City of South Bend, Indiana, moves as follows: 1. The Project constitutes economic development facilities which shall be financed by the City through the issuance of revenue bonds pursuant to the Act, and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately Four Hundred Thousand and no /100 ($400,00.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. REGULAR MEETING SEPTEMBER 9, 1985_ 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. The Company may proceed with acquisition and construction of the economic development facility in reliance upon this resolution. 4. That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such Bonds, and the South Bend Economic Development Commission and the City of South Bend, Indiana, their officers and agents shall not incur any liability if for any reason the proposed issuance is not consummated.. This Inducement Resolution shall be in full force and effect from and after its adoption by the Common Council and approved 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 the petitioners planned to acquire and rehabilitate a facility located at 917 South Chapin Street. He indicated one part -time and three full -time jobs will be created. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Crone. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1341 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY WITH REGARD TO THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA WHEREAS, the City of South Bend Redevelopment Commission (Commission), pursuant to Indiana Code 36- 7 -14 -1, et seq., (Act), adopted Resolution No. 745 on August 9, 1985 redeclaring the South Bend Central Development Area Development Plan (Plan); and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana, which is the duly designated and acting official planning body for the City of South Bend, in its Resolution No. 85, adopted August 20, 1985, has issued its written order approving Resolution No. 745 and the Plan, as amended, and has certified that the Plan, as amended, conforms to the master plan of development for the City of South Bend; and WHEREAS, the Common Council is cognizant of the conditions that are imposed under Title VI of the Civil Rights Act of 1964, as amended, providing that no person shall, on the grounds of race, age, sex, color, religion, or natural origin, be excluded from discrimination in the undertaking and carrying out of any federally- assisted project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, as follows: 1. The order of the Area Plan Commission of St. Joseph County, pursuant to its Resolution No. 85, attached hereto and made a part hereof, is in all respects approved. 2. In order to implement and facilitate the Plan, as amended, it is found and determined that certain official action must be taken by the City of South Bend with reference, among other things, to changes in zoning, vacation and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public actions, and accordingly the Common Council hereby (a) pledges its cooperation in helping to carry out the Plan; (b) requests the various officials, departments, boards, and agencies of the City of South Bend having administrative responsibilities likewise to cooperate to such end and to exercise their respective functions and powers, in a manner consistent with the Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Plan. 3. That the United States of America be, and hereby is assured of full compliance by the City of South Bend with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the regulations of the Department of Housing and Urban Development effectuating that Title. 4. 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/ Beverlie J. Beck Member of the Common Council 1 L F� 1 1 REGULAR MEETING SEPTEMBER 9, 1985 A public hearing was held on the resolution at this time. Ann Kolata, Deputy Director of Redevelopment, She indicated this amendment adds various properties to the List of Property to be acquired by the Redevelopment Commission. She indicated these properties are all located in the area to be used for the Coveleski Baseball Stadium. She indicated the Redevelopment Commission is performing all the steps necessary to proceed with purchasing this property but will not begin acquisition until the financing for the Stadium is in place. Michael Friend, pastor, Greater Christian Tabernacle, spoke regarding the difficulties his church would face if the stadium was built. He indicated there would be a parking problem, noise problem, as well as the windows could be broken. Douglas Kline, 63551 Miami Road, spoke regarding the church and the fact that alcoholic beverages would be sold. Roman Kowalski, 802 Birchwood spoke against this resolution. Mike Gamble, 513 S. 30th, spoke this resoluton. Gary Marshall, 307 W. Adams, Osceola, indicated they church has three major services Sunday Morning, Sunday Night and Wednesday night, as well as other activities. He indicated they would have no parking, and the noise would disturb their services. Council Member Zakrzewski asked the Craig Hartzer, Deputy Mayor, get together with the members of this congregation to try alleviate the problems. Council Member Crone made a motion to continue this indefinitely, so Council Members could study the situation, seconded by Council Member Voorde. The motion failed on a roll call vote of three ayes and six nays. Council Member Taylor made a motion to adopt this resolution, seconded by Council member Serge. The resolution was adopted by a roll call vote of seven ayes and two nays (Council Members Crone and Voorde). BILLS, FIRST READING BILL NO. 108 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF PORTAGE AVENUE RUNNING NORTH FROM THE NORTH RIGHT -OF -WAY LINE OF KING STREET TO THE FIRST INTERSECTING EAST -WEST ALLEY, FOR A DISTANCE OF 118 FEET (ONE HUNDRED EIGHTEEN FEET), BOUNDED ON THE WEST OF LOT 7 OF POLI'S FIRST ADDITION, AND ON THE EAST BY LOT A OF THE VICTORY ADDITION. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing September 23 and refer it to the Zoning and Vacation Committee, seconded by Council Member Puzzello. The motion carried. BILL NO. 109 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT APPROXIMATELY THE 1500 BLOCK OF WEST HURON STREET 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 Crone. The motion carried. BILL NO. 110 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1406/1412 SOUTH BEND AVENUE, 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 Crone. The motion carried. BILL NO. 111 -85 A BILL APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING THE RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE P. JAMES AND M. MARIA SCHEETZ PROJECT. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing September 23, seconded by Council Member Crone. The motion carried. BILL NO. 112 -85 A BILL TRANSFERRING $40,00.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing September 23 and refer it to the Human Resources Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 113 -85 A BILL TRANSFERRING $40,131.00 AMONG VARIOUS JOBS BILL ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing September 23, seconded by Council Member Zakrzewski. The motion carried. UNFINISHED BUSINESS Council Member Puzzello made a motion to set Bill Nos. 44, 59, 60, 77 and 79 -85 for public hearing and second reading September 23 and refer them to the Zoning and Vacation Committee, seconded by Council Member Voorde. The motion carried. Council Member Voorde made a motion to set Bill No. 73 -85 for public hearing and second reading October 14 and refer it to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. PRIVILEGE OF THE FLOOR REGULAR MEETING SEPTEMBER 9, 1985 Mike Gamble, 513 S. 30th, spoke regarding homosexual activities in Potawatomi Park. 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 9:40 p.m. ATTEST: APPROVED: City Clerk President 1 u 1