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HomeMy WebLinkAbout10-27-86 Council Meeting MinutesREGULAR MEETING OCTOBER 27, 1986 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, October 27, 1986, 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, Barcome, 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 October 13, 1986 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Beverlie J. Beck /s/ Al Paszek /s/ James Barcome Council Member Serge made a motion that the minutes of the October 27, 1986, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Council Member Puzzello made a motion to retain Kathleen Cekanski - Farrand as Council attorney for 1987, seconded by Council Member Barcome. The motion carried. REPORTS Council Member Serge indicated that the Utilities Committee had met on Bill No. 105 -86 and recommended it to the Council favorably. Council Member Serge indicated that the Public Works and Residential Neighborhood Committee had met on Bill No. 112 -86 and it will be continued until the next meeting. Council Member Serge indicated that the Public Works Committee had met on Bill No. 107 -86 and recommended it to the Council favorably. Council Member Puzzello indicated that the Personnel and Finance Committee had met on Bill nos. 106 and 109 -86 and recommended them to the Council favorably. Council Member Braboy indicated that the Human Resources Committee had met on Bill nos. 108 and 110 -86 and recommended them to the Council favorably. Council Member Braboy 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 October 27, 1986, at 7:04 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 101 -86 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1986 (SOUTH BEND ORTHOPEDIC ASSOCIATES, INC. PROJECT), AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. Council Member Taylor made a motion to continue public hearing and second reading on this bill until November 10, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 101A -86 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1986 (TRIPODS PARTNERSHIP PROJECT, AN INDIANA PARTNERHIP PROJECT), AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. Council Member Taylor made a motion to continue public hearing and second reading on this bill until November 10, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 105 -86 A BILL AMENDING THE METHOD OF COMPUTATION OF WASTEWATER RATES FOR APARTMENT COMPLEXES, HOTELS, MOTELS, AND MOBILE HOME PARKS AND AMENDING CHAPTER 17, ARTICLES 5 AND 6 BY AMENDING SECTION 17.47.1. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Thomas Bodnar, Deputy City Attorney, indicated this bill was an effort to resolve complaints that have been raised by various apartment complexes concerning the imposition of a per unit minimum upon apartment complexes commencing October 1, 1980. He indicated the method of computation should be revenue neutral to the City. T. Brooks Brademas, with offices at Gateway Center, spoke in opposition to this bill. He indicated the City is charging apartment users 44% more than the costs to provide. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Serge. The motion carried on a roll call vote of seven ayes and two nays (Council Members Barcome and Paszek.) BILL NO. 106 -86 A BILL APPROPRIATING FUNDS IN THE AMOUNT OF $56,000.00 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Luther Taylor, Fire Chief, made the presentation for the bill. He indicated this appropriation would be used for the purchase of a new ambulance, updating driver's equipment, as well as repairs to the roof at Fire Station #10. He indicated that an appropriation was made earlier in the year for the purchase of a cab and chassis on which we would remount the ambulance module, however, this vehicle is not available, so it is necessary to purchase a new ambulance. He indicated that in the near future there will be increased activity on the river because of sport fishing, therefore, it is necessary to update the diving equipment. He indicated that maintenance of the stations is an ongoing process. Council Member Serge made a motion to recommend this bill to the Council favorably, seconded by Council Member Taylor. The motion carried. BILL NO. 107 -86 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. Patricia DeClercq, Director of Code Enforcement, made the presentation for the bill. She indicated this bill increases many of the permit fees charged for construction work, as well as adopts the State Codes for Plumbing and Mechanical Work, and State Enforcement of Building Standard Law. She indicated the permit fees have not been changed since 1982. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Taylor. The motion carried. BILL NO. 108 -86 A BILL APPROPRIATING $2,540,246.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DIVISION OF COMMUNITY DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1987 AND ENDING DECEMBER 31, 1987 TO BE ADMINISTERED THROUGH 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. Don Inks, Director of Community Development, made the presentation for the bill. He indicated this bill appropriates the Block Grant Funds for Program Year 1987. He indicated the amounts were discussed with the Council and reflected in the "Final Statement of Community Development Objectives and Projected Use of Funds ". Council Member Braboy made a motion to recommend this bill to the Council favorably, seconded by Council Member Serge. The motion carried. BILL NO. 109 -86 A BILL APPROPRIATING $4,000.00 IN THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND TO ACCOUNT NO. 399.0 BUILDINGS AND STRUCTURES, REPAIRS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Carol Sanders, Deputy Controller, made the presentation for the bill. She indicated that this appropriation would be used for electrical, boiler, and roof repairs. Council Member Serge made a motion to recommend this bill to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 110 -86 A BILL TRANSFERRING $150,000.00 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. Don Inks, Director of Community Development, indicated this transfer would be used for the Monroe Park Housing and the Housing Rehabilitation Fund, as well as Fredrickson Park. He indicated this transfer merely rolls the fund from the 1985 to the 1987 Program Year. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Taylor. The motion carried. BILL NO. 112 -86 A BILL AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "TRUCK ROUTES ". Council Member Beck made a motion to continue public hearing and second reading on this: bill until November 10, seconded by Council Member Zakrzewski. 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 Taylor. The motion carried. ATTEST: ATTEST: City Clerk i man 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 7:35 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7694 -86 AN ORDINANCE AMENDING THE METHOD OF COMPUTATION OF WASTEWATER RATES FOR APARTMENT COMPLEXES, HOTELS, MOTELS, AND MOBILE HOME PARKS AND AMENDING CHAPTER 17, ARTICLES 5 AND 6 BY AMENDING SECTION 17.47.1. This bill had second reading. Council Member Serge 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. 7695 -86 AN ORDINANCE APPROPRIATING FUNDS IN THE AMOUNT OF $56,000.00 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND. This bill had second reading. Council Member Puzzello 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. 7696 -86 AN ORDINANCE AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED BUILDINGS. 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. ORDINANCE NO. 7697 -86 AN ORDINANCE APPROPRIATING $2,540,246.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DIVISION OF COMMUNITY DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1987 AND ENDING DECEMBER 31, 1987 TO BE ADMINISTERED THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Braboy made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. •W 8 -86 AN ORDINANCE APPROPRIATING $4,000.00 IN THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND TO ACCOUNT NO. 399.0 BUILDINGS AND STRUCTURES, REPAIRS. This bill had second reading. Council Member Serge 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. 7699 -86 AN ORDINANCE TRANSFERRING $150,000.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Braboy made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. RESOLUTIONS Council Member Puzzello made a motion to combine public hearing on the next two resolutions, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 1449 -86 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1507 SOUTH OLIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL 5 PROPERTY TAX ABATEMENT. a WHEREAS, the Common Council of the City of South Bend has adopted a Declaratory Resolution- -designating certain areas within the City as Economic Revitalizatop Areas for purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1507 South Olive, and more parti.cuiarly described by a line drawn as follows: PARCEL I - A lot or parcel of land situated in the West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at the point of intersection of the South line of the St. Joseph, South Bend and Southern Railroad Company's right of way with the East line of the aforesaid West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section 15, said point of beginning being Four Hundred Eleven and Six tenths (411.6) feet North of and Six Hundred Sixty -Five and Two Tenths (665.2) feet West of the center of said Section 15; thence running West along the South line of the right of way of said St. Joseph, South Bend and Southern Railroad Company, Six Hundred Sixty -Two and Forty -Eight Hundredths (662.48) feet, more or less, to the West line of the aforesaid West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section 15; thence south along last mentioned line, two Hundred One and Forty -Five Hundredths (201.45( feet; thence East Six Hundred Sixty -Two and Seventy -Four Hundredths (662.74) feet more or less, to the East line of the aforesaid West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section 15; thence North along said last mentioned line Two Hundred Three and Seventy -five Hundredths (203.75) feet to the place of beginning. PARCEL II — Beginning at a point 308.9 feet North and 30 feet West of the center of Section 15, Township 37 North, Range 3 East, thence North along the West line of Olive Street, a distance of 102.7 feet to the South line of the St. Joseph, South Bend and Southern Railroad Co.'s right of way; thence West along the South line of said company's right of way, a distance of 635.2 feet to the West line of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 15; thence South 146.2 feet; thence East 477.8 feet; thence North 25 feet 9 inches; thence East 157.4 feet to the West line of Olive Street; thence North 19 feet 3 inches to the place of beginning, all in Section 15, Township 37 North, Range 2 East. PARCEL III - A lot or parcel of land in the East Half of the Southeast Quarter of the Northwest Quarter of Section 15, Township No. 37 North, Range 3 East bounded by a line running as follows: Beginning at a point Two Hundred Sixty -Three and Nine - Tenths (263.9) feet North and One Hundred Eighty -Seven and Four - Tenths (187.4) feet West of the center of said Section 15; thence West Four Hundred Seventy -Seven and Eight- Tenths (477.8) feet to the West line of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 15; thence South along the West line of the East Half of the Southeast Quarter of the Northwest Quarter of Section 15, a distance of Fifty -Seven and Fifty -Five One Hundredths (57.5) feet; thence East a distance of One Hundred Ninety -Eight and Seventy -five Hundredths (198.75) feet; thence North Forty -Seven and Fifty -Five One Hundredths (47.55) feet; thence East Two Hundred Seventy -Nine and Twenty -Five One Hundredths (279.25) feet; thence North Ten (10) feet to the place of beginning. PARCEL IV - A parcel of land situated in the West One -Half of the Southeast Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, St. Joseph County, Indiana, more particularly described as follows: beginning at a point on the East line of the West One -Half of the Southeast Quarter of the Northwest Quarter of said Section 15, 203.75 feet South of the intersection of the South line of the right of way now or formerly owned by St. Joseph, South Bend and Southern Railroad Company with the said East line of the West One -Half of the Southeast Quarter of the Northwest Quarter of Section 15, said point of intersection being 411.6 feet North of and 665.2 feet West of the center of said Section 15; thence South along the said East line of the West One -Half of the Southeast Quarter of the Northwest Quarter of Section 15, 177.25 feet, more or less, to a point in a line parallel to and distant 26.5 feet Northerly, by rectangular measurement, from the East and West center line of Section 15; thence West along said parallel line 663 feet, more or less, to a point in the West line of the said West One -Half of the Southeast Quarter of the Northwest Quarter of said Section 15; thence North along said West line of the West One -Half of the Southeast Quarter of the Northwest Quarter of Section 15, 174.95 feet, more or less to a point 201.45 feet South of said South line of the right of way now or formerly owned by St. Joseph, South Bend and Southern Railroad Company; thence Easterly along a straight line, 662.74 feet, more or less, to the point of beginning. PARCEL V - All of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of Section 15, Township 37 North, Range 3 East lying South of the right of way now or formerly owned by the St. Joseph South Bend and Southern Railroad Company and being more particularly described as follows: Beginning at the Southeast corner of said Southwest Quarter (1/4) of said Northwest Quarter (1/4); thence West along the South line of said Southwest Quarter (1/4) of the said Northwest Quarter (1/4) a distance of 1327.393 feet to an iron pin at the Southwest corner of said Southwest Quarter (1/4) of said Northwest Quarter (1/4); thence North along the West line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) a distance of 395.098 feet to an iron pin in the South right of way line iti YLaQ of the right of way now or formerly owned by said St. Joseph, South Bend and Southern Railroad by said St. Joseph, South Bend and Southern Railroad Company; thence East along the South right of way a distance of 1326.95 feet to the East line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) (which point is in the center line of Kaley Street); thence South along said East line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) a distance of 402.90 feet to the point of beginning. PARCEL VI - Beginning at a point on the West line of Kaley Street at the intersection of the South right of way line of St. Joseph, South Bend and Southern Railroad, thence South along the West line of Kaley Street, Four Hundred Two and Ninety- Hundredths (402.90) feet, more or less to the East -West center line of Section 15, Township 37 North, Range 3 East; thence East on said East -West center line Thirty (30) feet to the center line of Kaley Street; thence North along said center line Twenty -Six and Fifty Hundredths (26.50) feet; thence East parallel with said East -West center line of Section 15, Thirty (30) feet to the East line of Kaley Street; thence North Three Hundred Seventy -Six and Four Hundredths (376.40) feet, more or less, to said South right of way line of the St. Joseph, South Bend and Southern Railroad; thence West along said right of way line Sixty (60) feet to the place of beginning. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2 -5; and WHEREAS, the Council 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 ten (10) 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. 14 -KO -86 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1507 SOUTH OLIVE 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 1507 South Olive, and more particularly described by a line drawn as follows: PARCEL I - A lot or parcel of land situated in the West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at the point of intersection of the South line of the St. Joseph, South Bend and Southern Railroad Company's right of way with the East line of the aforesaid West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section 15, said point of beginning being Four Hundred Eleven and Six tenths (411.6) feet North of and Six Hundred Sixty -Five and Two Tenths (665.2) feet West of the center of said Section 15; thence running West along the South line of the right of way of said St. Joseph, South Bend and Southern Railroad Company, Six Hundred Sixty -Two and Forty -Eight Hundredths (662.48) feet, more or less, to the West line of the aforesaid West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section 15; thence south along last mentioned line, two Hundred One and Forty -Five Hundredths (201.45( feet; thence East Six Hundred Sixty -Two and Seventy -Four Hundredths (662.74) feet more or less, to the East line of the aforesaid West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section 15; thence North along said last mentioned line Two Hundred Three and Seventy -five Hundredths (203.75) feet a to the place of beginning. PARCEL II - Beginning at a point 308.9 feet North and 30 feet West of the center of Section 15, Township 37 North, Range 3 East, thence North along the West line of Olive Street, a distance of 102.7 feet to the South line of the St. Joseph, South Bend and Southern Railroad Co.'s right of way; thence West along the South. dine of said company's right of way, a distance of 635.2 feet to the West line of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 15; thence South 146.2 feet; thence East 477.8 feet; thence North 25 feet 9 inches; thence East 157.4 feet to the West line of Olive Street; thence North 19 feet 3 inches to the place of beginning, all in Section 15, Township 37 North, Range 2 East. PARCEL III - A lot or parcel of land in "the East Half of the Southeast Quarter of the Northwest Quarter of Section 15, Township No. 37 North, Range 3 East bounded by a line running as follows: - Beginning at 'a point Two Hundred Sixty -Three and Nine - Tenths (263.9) feet North and One Hundred Eighty -Seven and Four- Tenths (187.4) feet West of the center of said Section 15; thence West Four Hundred Seventy -Seven and Eight- Tenths (477.8) feet to the West line of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 15; thence South along the West line of the East Half of the Southeast Quarter of the Northwest Quarter of Section 15, a distance of Fifty -Seven and Fifty -Five One Hundredths (57.5) feet; thence East a distance of One Hundred Ninety -Eight and Seventy-five Hundredths (198.75) feet; thence North Forty -Seven and Fifty -Five One Hundredths (47.55) feet; thence East Two Hundred Seventy -Nine and Twenty -Five One Hundredths (279.25) feet; thence North Ten (10) feet to the place of beginning. PARCEL IV - A parcel of land situated in the West One -Half of the Southeast Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, St. Joseph County, Indiana, more particularly described as follows: beginning at a point on the East line of the West One -Half of the Southeast Quarter of the Northwest Quarter of said Section 15, 203.75 feet South of the intersection of the South line of the right of way now or formerly owned by St. Joseph, South Bend and Southern Railroad Company with the said East line of the West One -Half of the Southeast Quarter of the Northwest Quarter of Section 15, said point of intersection being 411.6 feet North of and 665.2 feet West of the center of said Section 15; thence South along the said East line of the West One -Half of the Southeast Quarter of the Northwest Quarter of Section 15, 177.25 feet, more or less, to a point in a line _parallel to and distant 26.5 feet Northerly, by rectangular measurement, from the East and West center line of Section 15; thence West along said parallel line 663 feet, more or less, to a point in the West line of the said West One -Half of the Southeast Quarter of the Northwest Quarter of said Section 15; thence North along said West line of the West One -Half of the Southeast Quarter of the Northwest Quarter of Section 15, 174.95 feet, more or less to a point 201.45 feet South of said South line of the right of way now or formerly owned by St. Joseph, South Bend and Southern Railroad Company; thence Easterly along a straight line, 662.74 feet, more or less, to the point of beginning. PARCEL V - All of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of Section 15, Township 37 North, Range 3 East lying South of the right of way now or formerly owned by the St. Joseph South Bend and Southern Railroad Company and being more particularly described as follows: Beginning at the Southeast corner of said Southwest Quarter (1/4) of said Northwest Quarter (1/4); thence West along the South line of said Southwest Quarter (1/4) of the said Northwest Quarter (1/4) a distance of 1327.393 feet to an iron pin at the Southwest corner of said Southwest Quarter (1/4) of said Northwest Quarter (1/4); thence North along the West line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) a distance of 395.098 feet to an iron pin in the South right of way line of the right of way now or formerly owned by said St. Joseph, South Bend and Southern Railroad by said St. Joseph, South Bend and Southern Railroad Company; thence East along the South right of way a distance of 1326.95 feet to the East line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) (which point is in the center line of Kaley Street); thence South along said East line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) a distance of 402.90 feet to the point of beginning. PARCEL VI - Beginning at a point on the West line of Kaley Street at the intersection of the South right of way line of St. Joseph, South Bend and Southern Railroad, thence South along the West line of Kaley Street, Four Hundred Two and Ninety- Hundredths (402.90) feet, more or less to the East -West center line of Section 15, Township 37 North, Range 3 East; thence East on said East -West center line Thirty (30) feet to the center line of Kaley Street; thence North along said center line Twenty -Six and Fifty Hundredths (26.50) feet; thence East parallel with said East -West center line of Section 15, Thirty (30) feet to the East line of Kaley Street; thence North Three Hundred Seventy -Six and Four Hundredths (376.40) feet, more or less, to said South right of way line of the St. Joseph, South Bend and Southern Railroad; thence West along said right of way line Sixty (60) feet to the place of beginning. E. REGULAR MEETING OCTOBER 27, 1986 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 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. Beverlie J. Beck Member of the Common Council A public hearing was held on the resolutions at this time. Ernest Szarwark, attorney, indicated that Mastic Corporation planned a major expansion of their existing facilities. He indicated at least sixty new jobs to their current 234. He indicated this expansion will entail adding four new product lines,, an additional 125,000 square feet of warehouse space, adding research and development and office space, upgrading existing employee space, and adding ancillary machinery and equipment. Council Member Serge made a motion to adopt Resolution No. 1449 -86, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 1450 -86, seconded by Council Member Paszek. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1451 -86 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1220 SOUTH MAIN 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 1220 s. Main and more particularly described by a line drawn as follows: Lots 15 and 16 of Stull's 3rd Edition 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 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. REGULAR MEETING OCTOBER 27, 19;86 SECTION II. This Resolution shall be in full force and effect from and of its adoption by the Common Council and approval by the Mayor. /s /Beverlie J. Beck Member of the Common Council r A public hearing was held on the resolution at this time. Melvin Reed, attorney, indicated he planned to purchase manufacturing equipment to be used in the direct manufacture of Mexican food products. He indicated he planned to hire eight new employees. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Braboy. The resolution was adopted by a roll call vote of nine ayes. j RESOLUTION NO. 1452 -86 A RESOLUTION CORRECTING AND AMENDING RESOLUTION r"0. 1280 -85 CONFIRMING THE ADOPTION-OF A DECLARATORYi; RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE gITY OF SOUTH BEND, COMMONLY KNOWN AS 851 SOUTH MARIETTAjAVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. f STATEMENT OF PURPOSE The Common Council of the which resolution contained an located at 851 North Marietta said error it is necessary to NOW, THEREFORE, BE IT RES Indiana, as follows: City of South Bend error in the legal Avenue in the City amend said Resolut: OLVED by the Common adopted Resolution No. 1280 -85, description for the real estate of South Bend. In order to 'orrect Lon No. 1280 -85. it Council of the City of South; 'iBend, SECTION I. Resolution No. 1280 -85 is hereby amended by revising the legal description of the real estate located at 851 Marietta Avenue in the City of South Bend, Indiana, as such legal description appears in the second "Whereas" clause of said Resolution to read as follows: A parcel of land being a part of Lots 125 thru 131, and Lots 133 thru 138E. H. Rush's First Addition, City of South Bend, Indiana, Plat Book 7, Page 8 a:d part of Lots 26 thru 33, and Lot D Rachel Gallagher's First Addition, City of 1�,outh Bend, Indiana, Plat Book 5, Page 33 and being more particularly describe ,as follows: Commencing at the intersection of the new South right -of -way line of Bronson Street (60 feet right -of -way) and the centerline of the now vacated Clinton Street; thence South 0 03' 24" East (bearing assumed) along the centerline of the now vacated Clinton Street, a distance of 379.00 feet to the place of! beginning for this description; thence South 89 49' 00" East parallel wit,,,h the South right -of -way of Bronson Street, a distance of 269.02 feet to the We1st right -of -way line of the new Marietta Street (60 feet right -of -way); thence South 0 03' 30" East along said West right -of -way of Marietta Street, a alistance of 492.68 feet; to the North right -of -way of Frontage Road, being a point; of non - tangent curve; thence Southwesterly along a curve to the right having a radius of 1327.39 feet, a central angle of 11 09' 95", and being limitediin length of a chord of 257.94 feet which bears South 75 54' 30" West to the centerline of the now vacated Clinton Street; thence North 0 03' 24" West along said centerline a distance of 583.22 feet to the place of beginning containing 3.411 acres more or less. E SECTION II. This resolution shall be in full force and effect from and its adotpion by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council f ter A public hearing was held on the resolution at this time. Kathleen Cekanski- Farrand, Council Attorney, indicated this was necessary in order to�jcorrect an error in the legal description for real estate located at 851 South Marietta. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. 1 C 1 I REGULAR MEETING BILLS, FIRST READING OCTOBER 27, 1986 BILL NO. 113 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ENTIRE NORTH -SOUTH ALLEY, ALSO THE WEST 1/2 (ONE -HALF) OF THE EAST -WEST ALLEY WITHIN THE CITY BLOCK BOUNDED BY: MONROE -MAIN - SOUTH AND LAFAYETTE STREETS IN MARTINS ADD. TO THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing November 10, and refer it to the Zoning and Vacation Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 114 -86 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1987 AND ENDING DECEMBER 31, 1987, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Puzzello made a motion to set this bill' for second reading and public hearing November 10, and refer it to the Personnel and Finance Committee, seconded by Council Member Braboy. The motion carried. BILL NO. 115 -86 A BILL CLOSING THE RAILROAD RELOCATION AND RECONSTRUCTION FUND AND TRANSFERRING THE UNUSED AND UNENCUMBERED BALANCE OF $85,337.42 TO THE GENERAL FUND OF THE CITY OF SOUTH BEND AND APPROPRIATING SAID FUNDS TO ACCOUNT 399.0, OTHER CONTRACTUALS, TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing November 10, and refer it to the Personnel and Finance Committee, seconded by Council Member Puzzello. The motion carried. BILL NO. 116 -86 A BILL APPROPRIATING FUNDS IN THE AMOUNT OF $133,000.00 FROM THE GENERAL PARK FUND. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing November 10, and refer it to the Parks Committee, seconded by Council Member Barcome. The motion carried. BILL NO. 117 -86 A BILL APPROPRIATING $107,000.00 FROM THE STANLEY COVELESKI REGIONAL BASEBALL STADIUM FUND. This bill had first reading. Council Member Braboy made a motion to set this bill for second reading and public hearing November 10, and refer it to the Parks Committee, seconded by Council Member Serge. The motion carried. UNFINISHED BUSINESS Council Member Barcome made a motion to set Bill No. 95 -86 for public hearing and second reading November 10, and refer it to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. PRIVILEGE OF THE FLOOR Joseph Guentert, 3510 E. Corby, spoke regarding the baseball franchise. There being no further business to come before the Council, unfinished or new, Council Member Barcome made a motion to adjourn, seconded by Council Member Zakrzewski. The motion carried and the meeting was adjourned at 7:54 p.m. ATTEST: City Clerk APPROVED: resident