10-11-82 Council Meeting Minutes

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REGULAR MEETING OCTOBER 11, 1982 RESOLUTION NO.999 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING A LEASE AGREEMENT BETWEEN THE BOARD OF PUBLIC WORKS AND EDMARDE'S INC., D /B /A SENOR KELLY'S,FOR LEASE OF A PORTION OF ALLEN'S ALLEY. WHEREAS, the Board of Public Works, at its meeting held on August 9, 1982, determined that the following parcel of city -owned real estate was not necessary to the public use: That portion of a 14 -foot landscaped alley closed to vehicular traffic, officially referred to as Columbus Count and more commonly known as Allen's Alley, which extends east from Woodward Court to Michigan Street and which is bounded on the north by Colfax Avenue and on the south by Washington Street. WHEREAS, the Board of Public Works believes that it is in the best interests of the City of South Bend that the above public right -of -way be leased and has, therefore, given notice pursuant to I.C. 5 -3 -1 and has conducted a public hearing on the desirabilit of offering a portion of Allen's Alley for lease; and WHEREAS, subsequent to the public hearing which was held on August 9, 1982, arrangements were completed for appraisals of the property and bid date of August 30, 1982, was established for the receipt of sealed bids for its lease; and WHEREAS, Edmarde's, Inc., d /b /a/ Senor Kelly's, submitted the sole bid for lease of the property in the amount of the city's offering price of $1,500.00 annually and, on September 13, 1982, accepted the bid of Edmarde's, Inc. in accordance with the specifications for lease of the property in addition to the incorporation of two consecutive options to renew at the same rental per year, the first operation to be for three years and the second option for five years; and WHEREAS, the Board of Public Works and Edmarde's Inc. have entered into a Lease Agreement for lease of the subject property in accordance with the bid awarded on September 13, 1982, subject to approval by the Common Council as required by state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,IND AS FOLLOWS: SECTION I. That the Lease Agreement dated October 4, 1982, between the Board of Public Works and Edmarde's, Inc., d /b /a/ Senor Kelly's, for lease of the aforementione portion of Allen's Alley is hereby approved and confirmed, said Lease Agreement being attached hereto. SECTION 2. That his Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. John Leszczynski, Director of Public Works, indicated the annual rental payment would be $1,500, the remainder of the alley will be maintained by Edmarde's. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution passed by a roll call vote of nine ayes. BILLS, FIRST READING BILL N0. 1.15 -82 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (4100 S. MAIN.) This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 116 -82 This bill had first public hearing and The motion carried. BILL NO. 117 -82 This bill had first public hearing and The motion carried. A BILL APPROPRIATING $161,000.00 FROM THE MUNICIPAL BONDS OF 1981 FUND FOR MOTOR EQUIPMENT WITHIN THE STREET DEPARTMENT. reading. Council Member Beck made a motion to set this bill for second reading October 25, 1982, seconded by Council Member Taylor. A BILL APPROPRIATING $7,200.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR NEIGHBORHOOD CENTERS ACTIVITY TO BE ADMINISTERED BY THE DIVISION OF COMMUNITY DEVELOPMENT. reading. Council Member Beck made a motion to set this bill for second reading October 25, 1982, seconded by Council Member Taylor.