04-22-74 Council Meeting Minutes

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REGULAR MRPTINQ APRIL 22, 1974 IIREGULAR MEETING - RECONVENED (CONTINUED) The Honorable Common Council April 17, 1974 City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance initiated by the Area Plan Commission to zone from "D" Light Industrial, "C" Height and Area, to "B" Residential, "A" Height and Area, Lots 5 through 16, and Lots 37 through 48 of Kaley's 1st Subdivision. This property is commonly described as being located on the north and south sides of Linden Avenue from Meade Street to the north -south alley between Fremont and Olive, City of South Bend. Gentlemen: The attached rezoning petition initiated by the Area Plan Commission was legally advertised April 6, 1974, and April 13, 1974. The Area Plan Commission gave it a public hearing on April 16, 1974, at which time the following action was taken: "A motion by Robert Lehman was seconded by Joseph Simeri to favorably recommend the ordinance initiated by the Area Plan.Commission to zone from "D" Light Industrial, "C" Height and Area, to "B" Residential, "A" Height and Area, Lots 5 through 16, and Lots 37 through 48 of Kaley's lst Subdivision commonly described as being located on the north and south sides of Linden Avenue from Meade Street to the north -south alley between Fremont and Olive, City of South Bend. The Area Plan Commission finds that the entire area should be rezoned to residential in conformance with the Comprehensive Plan of the Model Neighborhood and the Land Use Plan of the City of South Bend. Mr. Lehman's motion was then carried unanimously." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of that public hearing and will be for- warded to you at a later date to be made a part of this report. Very truly yours, s/ Richard S. Johnson RSJ /ch Executive Director cc: Hollis Hughes I lCouncilman Newburn made a motion to set the ordinances referred to in the reports for public hearing and second reading on May 13, 1974, seconded by Councilman Taylor. The motion carried. IIREPORT FROM THE DIRECTOR OF THE DEPARTMENT OF LAW Mr. James Roemer, Director of the Department of Law, gave his quarterly report to the Council. He indicated that he wished to speak on the procedure involved in the application of the industrial development bonds. He presented a flow chart to the Council and referred to cartoon drawings. He indicated that eight steps are involved, and they included the corporation's decision to locate or expand in the community; the bank's financing of the industrial development bonds; the attorney's preparation of all documents pertaining to the application for the bond; the approval needed by the Industrial Development Commission; the approval of a resolution and ordinance by the Common Council; the mayor's signing of the bond, trust indenture and lease agreement; the purchase by the bank of the bond; and the benefits received by the corporation in the financing of the new plant o addition at a lower net cost as a result of the bond. Mr. Roemer stated that one million dollars was the maximum amount for the normal industrial development bond application, but a maximum of five million dollars was allowed if specific requirements were met. He briefly explained the thre documents involved: the bond, trust indenture and lease agreement and option to purchase. He con cluded his presentation by indicating that, although the property was normally in the name of the city, it was entered on the tax rolls and was fully taxable to the corporation for property tax purposes, and the city in turn received property tax revenues from the new project. Council President Nemeth thanked Mr. Roemer for his. presentation. Councilman Kopczynski asked Mr. Roemer about the city's policy on paying claims to victims of accidents or property damages caused by employees of the city. Mr. Roemer indicated that the city carried personal injury insurance and a deductible of $1,000, and property damage insurance with a deductible of $250. He stated that all claims were investigated by the insurance carrier, Etna Insurance. He indicated that, if $5,000 was paid for personal injury, a form was submitted to the Legal Department indicating expenses and reasons for allowing the claim. Councilman Kopczynski wondered if this was done on the facts received from the insurance company or if the victim had to sue the city to collect his damages. Mr. Roemer stated that the company might decide the claim should be paid without litigation; however, in some instances, the claim might be questioned. He indicated that this procedure was basically the same as a homeowner's policy or automobile insuranc coverage. IIORDINANCES, SECOND READING IIORDINANCE NO. 5656 -74 AN ORDINANCE APPROPRIATING $37,500.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PRO- GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Councilman Serge made a motion that the ordinance pass, sec by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).