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HomeMy WebLinkAbout03-23-87 Council Meeting Minutes41 uF:�tt2�AU-=- n�r:F:mtt�r, - -Marc 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, March 23, 1987, 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 March 9, 1987 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Beverlie J. Beck /s/ Al Paszek /s/ Joseph Serge Council Member made a motion that the minutes of the March 9, meeting of the Council be accepted and placed on file, seconded by Council Member The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1482 -87 A RESOLUTION ENDORSING THE SOUTH BEND AMERICAN LEGION POST NO. 50 AND ITS BASEBALL COMMITTEE IN THEIR BID TO THE NATIONAL AMERICAN LEGION AMERICANISM COMMISSION TO HOST THE 1988 NATIONAL REGIONAL TOURNAMENT AT THE STANLEY COVELESKI REGIONAL STADIUM IN SOUTH BEND, INDIANA. WHEREAS, the National American Legion Americanism Commission must select a site to host the 1988 National Regional Tournament of American Legion Baseball; and WHEREAS, the Stanley Coveleski Regional Stadium in South Bend, Indiana, will provide excellent playing, seating, concession, and parking facilities for such a tournament; and WHEREAS, the South Bend American Legion Post No. 50 has an active and successful baseball program with widespread participation and support; and WHEREAS, the South Bend American Legion Post no. 50 and its baseball committee has been actively engaged in a bid to host the 1988 American Legion National Regional Tournament at the Stanley Coveleski Regional Stadium in South Bend, Indiana; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: SECTION I. The Common Council encourages and applauds American Legion Post No. 50 for its efforts to expand its baseball program which benefits so many of our City's youth. SECTION II. The Common Council fully endorses the American Legion Post No. 50's bid to host the 1988 National Regional Tournament at the Stanley Coveleski Regional Stadium in South Bend, Indiana. SECTION III. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council Council Member Serge read the resolution and presented it to Members of Post 50, who thanked the Council for the resolution. Council Member Barcome made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Barcome made a motion to reappoint Joseph Burkus to the Century Center Board of Managers, seconded by Council Member Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to appoint John Voorde to the Century Center Board of Managers, seconded by Council Member Barcome. Council Member Taylor indicated that the removal of Council Member Beck was politically motivated. He REGULAR MEETING MARCH 23, 1987 indicated she had served seven years and two months on this board. Council Member Beck indicated that the Century Center Board of Managers does not want a member of the Council on the Board. She indicated she would support John Voorde. The motion carried on a roll call vote of nine ayes. REPORTS Council Member Voorde indicated the Zoning and Vacation Committee had met on Bill No. 15- 87,and 18 -87 and recommended them favorably Council Member Beck indicated that the Personnel and Finance Committee had met on Bill No. 20 -87 and recommended it favorably. Council Member Braboy indicated that the Human Resources Committee had met on Bill No. 19 -87, and Resolutions, 87 -21, 25, 26, 27 and 30, and recommended them favorably. Council Member Barcome 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 March 23, 1986, at 7:30 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 15 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF WAYNE STREET EXTENDING WEST FROM THE WEST LINE OF ST. PETERS STREET TO THE EAST LINE OF ST. LOUIS STREET, BEING IN COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA; ALSO, THE FIRST NORTH -SOUTH ALLEY WEST OF ST. PETERS STREET EXTENDING SOUTH FROM THE SOUTH LINE OF WAYNE STREET TO THE NORTH LINE OF THE FIRST INTERSECTING EAST -WEST ALLEY, BEING IN COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Brian Sauers, attorney, made the presentation for the bill. He indicated they were seeking this alley vacation in order to construct an professional office building on this site. Council Member Serge made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. BILL NO. 18 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF MICHIGAN STREET RUNNING SOUTH FROM WOODSIDE FOR A DISTANCE OF 134 FEET ALL BEING IN KROU AND WHITMORE ADD., TO 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. Kathleen Cekanski- Farrand, Council Attorney, indicated the bill should be amended by changing Section 5 to Section 6, and adding a new Section 5 to read: This vacation is subject to the dedication of public right -of -way to accommodate a 30' turning radius from a southerly and easterly direction. Council Member Barcome made a motion to accept this amendment, seconded by Council Member Zakrzewski. The motion carried. Joseph Muia, contractor, 2113 Miami, indicated this vacation was necessary in order to construct a new Cira's Supermarket on Michigan Street. Council Member Taylor made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 19 -87 A BILL TRANSFERRING $391,092.00 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. Elizabeth Leonard, Director of Program Management for Community Development, made the presentation for the bill. She indicated by transferring these funds they will reflect the program year in which expenditures were actually made. She indicated that the remainder will be transferred to help cover the shortfall of the 1987 CDBG allocation, in order not to cut funding previously approved by the Council. Council Member Serge made a motion to recommend this bill to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 20 -87 A BILL BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -123 COMMONLY KNOWN AS "REGULATION OF CITY -OWNED VEHICLES ". 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 Voorde made the presentation for the bill. He indicated that currently the City Engineer is required to file an annual motor vehicle report by April 1st, and often times these reports have not been filed timely and the information provided is so dated it cannot be effectively used when reviewing the annual City budget. He indicated this bill would amend the code to a filing date of July 31, and require information such REGULAR MEETING 23. 1987 as mileage as of June 1st of the current calendar year for which the report is being filed. Irene Mutzl, 320 Parkovash, spoke in favor of this bill. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. 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: City Clerk Ghai/itian 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 7:50 p.m. Council President Serge presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 7736 -87 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF WAYNE STREET EXTENDING WEST FROM THE WEST LINE OF ST. PETERS STREET TO THE EAST LINE OF ST. LOUIS STREET, BEING IN COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA; ALSO, THE FIRST NORTH -SOUTH ALLEY WEST OF ST. PETERS STREET EXTENDING SOUTH FROM THE SOUTH LINE OF WAYNE STREET TO THE NORTH LINE OF THE FIRST INTERSECTING EAST -WEST ALLEY, BEING IN COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Voorde made a motion to pass this bill, seconded by Council Member Barcome. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7737 -87 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF MICHIGAN STREET RUNNING SOUTH FROM WOODSIDE FOR A DISTANCE OF 134 FEET ALL BEING IN KROU AND WHITMORE ADD., TO THE CITY OF SOUTH BEND, INDIANA. 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 Beck. The motion carried. Council Member Taylor made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7738 -87 AN ORDINANCE TRANSFERRING $391,092.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Puzzello 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. 7739 -87 AN ORDINANCE BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -123 COMMONLY KNOWN AS "REGULATION OF CITY -OWNED VEHICLES ". This bill had second reading. Council Member Braboy made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. RESOLUTION NO. 1483 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 329 - 331 -333 S. MICHIGAN 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 329 - 331 -333 S. Michigan, South Bend, Indiana, and which is more particularly described by a line drawn as follows: PARCEL I. Part of lot Numbered Two Hundred Ninety -nine (299) as shown on the original Plat of the Town now City of South Bend, Indiana, which is bounded by a line running as follows, viz: Beginning at the Southeast corner of said lot Numbered 299, running thence West along the Southerly boundary of said Lot W REGULAR MEETING MARCH 23 1987 Numbered 299 a distance of 10 rods to the West line of said Lot Numbered 299; thence North along the Westerly boundary of said Lot Numbered 299 a distance of 49 1/2 feet; thence Easterly on a line parallel with the southerly boundary line of said Lot Numbered 299 a distance of 10 rods to the Easterly boundary line for said Lot Numbered 299; thence South along the Easterly boundary line of said lot a distance of 49 1/2 feet to the place of beginning. AND PARCEL II. Lot Numbered Three Hundred (300) as shown on the Original Plat of the Town, now City of South Bend, Indiana. 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/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Charles Beyer, representative of Business Communication Systems, indicated they were expanding their business and relocating to the downtown area. He indicated they were anticipating a 10 to 20% increase in employment. Kathleen Cekanski - Farrand indicated they resolution should be amended by renumbering Sections three and four to four and five, and add a new Section three: The period of time authorized for deduction shall be a maximum of six years. Council Member Taylor made a motion to accept this amendment, seconded by Council Member Zakrzewski. The motion carried. Ken Donnelly, 2605 Frederickson, spoke against this abatement. 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. RESOLUTION NO. 1484 -87 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 2901 S. MAIN 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 2901 S. Main and more particularly described by a line drawn as follows: Lots 84 through 96, both inclusive Oakside 3rd addition to the City of South Bend 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 45 REGULAR MEETING MARCH 23, 1987 WHEREAS,.the Council held- a_public hearing for the purpose's -of- hearing -a11 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/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Val Betty, 1123 Haney, Executive Secretary for Aerolite, indicated this was a reaffirmation of a resolution adopted two weeks ago. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Barcome. The resolution was adopted by a roll call vote nine ayes. RESOLUTION NO. 1485 -87 RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AUTHORIZING THE URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INDIANA, INC. TO SUBMIT AN APPLICATION FOR AN ENTERPRISE ZONE BOUNDARY MODIFICATION TO THE INDIANA ENTERPRISE ZONE BOARD WHEREAS, the State of Indiana has enacted I.C. 4- 4 -6.1, allowing certain areas _ within Indiana to be designated as "Enterprise Zone" areas and entitling property owners therein to certain benefits (as provided by law), from time to time; and WHEREAS, a certain area within the City of South Bend, Indiana has been so designated as an Enterprise Zone effective as of January 1, 1984; and WHEREAS, the Indiana Enterprise Zone Board has adopted a policy, dated October 14, 1986, stating, in part, that modification of an Enterprise Zone will not be considered without approval of such request by the Urban Enterprise Association, Mayor and City Council of the City within whose borders the Enterprise Zone is located; and WHEREAS, application has been made to modify this Enterprise Zone to include a parcel of real estate located at 1507 South Olive Street, South Bend, Indiana owned by Kusan, Inc. (Mastic Division); and WHEREAS, it is believed that inclusion of said 1507 South Olive Street location is an appropriate modification of the boundary of the Enterprise Zone located within South Bend, Indiana; and WHEREAS, the Urban Enterprise Association of South Bend, Indiana, Inc, has unanimously approved the request for this boundary modification at a public meeting held on February 18, 1987. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. That this Council hereby approves the request for modification of the Enterprise Zone located within the City of South Bend, Indiana, which modification would expand the existing Enterprise Zone to include the following real property: Real Estate in St. Joseph County, in the State of Indiana, described 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 REGULAR MEETING MARCH 23, 1987 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 2 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 No. 15, Township No. 37 North, Range No. 2 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 No. 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 No. 15; thence South along the West line of the East Half of the Southeast Quarter of the Northwest Quarter of Section No. 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 said 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 the 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 2 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 the 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 Company; thence East along the South right of way line of said St. Joseph, South Bend and Southern Railroad 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 2 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) 47 REGULAR MEETING 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 2 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 No. 15, Township No. 37 North, Range No. 2 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 No. 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 No. 15; thence South along the West line of the East Half of the Southeast Quarter of the Northwest Quarter of Section No. 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 said 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 the 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 2 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 the 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 Company; thence East along the South right of way line of said St. Joseph, South Bend and Southern Railroad 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 2 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) REGULAR MEETING MARCH 23, 1987 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. Section II. That this Resolution constitutes the approval of the request for modification of the Urban Enterprise Zone by the Council and Mayor of the City within which the zone in question is located, as required by the policy guidelines established by the Indiana Enterprise Zone Board, and hereby authorizes the Urban Enterprise Association of South Bend, Indiana, Inc. to submit an application recommending an enterprise zone boundary modification to the State Enterprise Zone Board. Section III. 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/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Pamela Meyer, Program Director of the Urban Enterprize Zone, indicated this resolution will allow the Urban Enterprise Association to recommend a boundary modification of South Bend's Zone to the State Enterprise Zone Board. She indicated this modification was requested by Mastic Division. She indicated that the Association voted unanimously to recommend this change to the Common Council and State Board, at its February 18, 1987 meeting. Ernest Szarwark, attorney, for Mastic, spoke in favor of this resolution. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Paszek. The resoltuion was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1486 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE APPLICATION OF THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, INDIANA, TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FUNDS WITH WHICH TO ACQUIRE EXISTING HOUSING UNDER THE ACQUISITION OF EXISTING HOUSING PROGRAM (PIH NOTICE 87 -1). WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, and to realize as soon as possible and feasible the goal of a decent home in a suitable environment for all of its citizens; and WHEREAS. under the provisions of the United States Housing Act of 1937, as amended, the United States of American, acting through the Secretary of Housing and Urban Development is authorized to provide financial assistance to local public housing agencies; and WHEREAS, the Act provides that there be local determination of need for low -rent housing to meet needs not being adequately met by private enterprises; and WHEREAS, the South Bend Housing Authority is a public housing agency and is applying to the Government for funds to acquire existing housing. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. The application of the Housing Authority of the City of South Bend, Indiana, to the United States Department of Housing and Urban Development for funds with which to acquire fifty (50) existing housing units pursuant to the acquisition of Existing Housing Program is hereby approved. Section II. This Resolution shall be in full force and effect after its passage by the Common Council and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Alonzo Watson, Director, of The Housing Authority, indicated they desired to acquire additional units to provide housing for low- income persons in the city of South Bend. He indicated that HUD was currently accepting applications for development programs on a limited basis. He indicated they would acquire existing structures scattered throughout the community. He indicated at the current time they have a waiting list of 455' applications. Council Member Barcome 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. 148 -7-87 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. q9 z WHEREAS, the City of South Bend Redevelopment Commission (Commission), pursuant to Indiana Code 36- 7 -14 -1, et seq., (Act), adopted Resolution No. 795 on February 27, 1987 redeclaring the South Bend Central Development Area (Area) to be blighted and amending the South Bend Central Development Area Development Plan (Plan); and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana, which is the dully designated and acting official planning body for the City of South Bend, in its Resolution No. 91, adopted March 17, 1987, has issued its written order approving Resolution No. 795 and 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 participation in, be denied the benefits of, or be subjected to 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. 91, 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. 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. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Hedy Robinson, Economic Development Specialist, indicated this resolution adds one property to the list of properties to be acquired by the Redevelopment Commission. She indicated this property is located at the corner of Lincolnway East and South Street in Monroe Park. Council Member Barcome made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Puzzello made a motion to combine public hearing on the next two resolutions, seconded by Council Member Beck. The motion carried. RESOLUTION NO. 1488 -87 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE INDIANA DEPARTMENT OF COMMERCE FOR AN INDUSTRIAL DEVELOPMENT FUND LOAN. WHEREAS, the City of South Bend is dedicated to pursuing economic development through promoting growth of businesses which stimulate the local economy and thereby benefit the people of South Bend as a whole; and WHEREAS, the Mastic Corporation expansion project will benefit the local economy, specifically by creating new manufacturing jobs and and new construction jobs, by generating new taxes on real and personal property, by utilizing vacant land, and by contributing to the construction of a new building and infrastructure development in the South Bend community; and WHEREAS, the expansion of the Mastic Corporation, an existing manufacturing industry in South Bend, fits into our overall development concept as it will contribute to the restoration and diversification of our industrial base; and WHEREAS, the receipt of an Industrial Development Fund Loan will enable the City of South Bend, to provide the infrastructure improvements necessary to implement this project, specifically by constructing a new road that will facilitate the expansion of Mastic Corporation and the future development of the Rum Village Industrial Park. _yd NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA; SECTION I. Hereby establishes the authority of the Mayor of City of South Bend to submit an Industrial Development Fund Loan application to the Indiana Department of Commerce for the Mastic Corporation expansion project. SECTION II. This Resolution shall be in full force and effect immediately upon passage by the Common Council of the City of South Bend, Indiana, and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council RESOLUTION NO. 1489 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE INDIANA DEPARTMENT OF COMMERCE FOR THE INDUSTRIAL DEVELOPMENT GRANT. WHEREAS, the City of South Bend is dedicated to pursuing economic development through promoting growth of businesses which stimulate the local economy and thereby benefit the people of South Bend as a whole; and WHEREAS, the Mastic Corporation expansion project will benefit the local economy, specifically by creating new manufacturing jobs and new construction jobs, by generating new taxes on real and personal property, by utilizing vacant land, and by contributing to the construction of a new building and infrastructure development in the South Bend community; and WHEREAS, the expansion of the Mastic Corporation, an existing manufacturing industry in South Bend, fits into our overall development concept as it will contribute to the restoration and diversification of our industrial base; an WHEREAS, the receipt of an Industrial Development Grant will enable the City of South Bend to provide the infrastructure improvements necessary to implement this project, specifically by constructing a new road that will facilitate the expansion , of Mastic Corporation and the future development of the Rum Village Industrial Park. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Hereby establishes the authority of the Mayor of the City of South Bend to submit an Industrial Development Grant application to the Indiana Department of Commerce for the Mastic Corporation expansion project. SECTION II. This Resolution shall be in full force and effect immediately upon passage by the Common Council of the City of South Bend, Indiana, and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolutions at this time. K. C. Pocius, Redevelopment Project Manager, indicated these two resolutions are grant and loan applications to the State relating to the Mastic Corportion expansion project. He indicated the City has already given tentative approval for the grant, however, the formal applications and the accompanying resolutions are necessary before the final agreements can be put in place. Council Member Barcome made a motion to adopt Resolution No. 1488 -87, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Barcome made a motion to adopt Resolution No. 1489 -87, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 21 -87 A BILL AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND REGARDING EXCEPTIONS IN "C" COMMERCIAL DISTRICTS. This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 22 -87 A BILL APPROPRIATING $290,000.00 FROM THE NON - REVERTING FREDRICKSON PARK PROPERTY FUND TO ACCOUNT 399.0 CONTRACTUAL SERVICES, SAID ACCOUNT BEING WITHIN THE FREDRICKSON PARK PROPERTY FUND. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing April 13, seconded by Council Member Taylor. The motion carried. UNFINISHED BUSINESS 51 REGULAR MEETING MARCH 23 - - -_ _. -- -- 1987 Reports From Area Plan Council Member Beck made a motion to set Bill Nos. 9, 10, 12 -87 for public hearing and second reading April 13, seconded by Council Member Voorde. The motion carried. PRIVILEGE OF THE FLOOR Irene Mutzl, 320 Parkovash, spoke regarding the Waste Water Treatment Plant. Ken Donnelly, 2605 Frederickson, spoke regarding the stadium. 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 Beck. The motion carried and the meeting was adjourned at 8:45 p.m. ATTEST: APPROVED: City Clerk 'eS3- t