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HomeMy WebLinkAbout05-26-87 Council Meeting MinutesM 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, May 26, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Braboy, Beck, Puzzello, Taylor, Zakrzewski, Barcome, Paszek, Voorde and Serge 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 May 11, 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 T. Serge Council Member Puzzello made a motion that the minutes of the May 11, 1987, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. REPORTS Council Member Voorde indicated the Zoning and Vacation Committee had met on Bill nos. 34 and 35 -87 and recommended them favorably. Council Member Zakrzewski indicated the Public Works Committee had met on Bill nos. 36, 37, 38, 39, 40, 41, 42 and 46 -87 and recommended them favorably. Council Member Beck indicated the Personnel and Finance Committee had met on Bill Nos. 43 and 44 -87 and recommended them favorably. Council Member Braboy indicated the Human Resources Committee had met on Resolutions 87 -48 and 49, as well as Bill No. 45 -87, and recommended them favorably. Council Member Beck made a motion to resolve into the Committee of the Whole, seconded by Council Member Puzzello. 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 May 26, 1987, at 7:05 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 34 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY WEST OF SUNNYSIDE, RUNNING FROM WAYNE STREET SOUTH TO THE INTERSECTING EAST -WEST ALLEY, FOR A TOTAL DISTANCE OF 112 FEET, MORE OR LESS. 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 a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Gregg Brassier, 1206 E. Wayne, made the presentation for the bill. He indicated the purpose of this vacation was for the protection of children living adjacent to the alley, as well as others living in the vicinity. He indicated that both homes adjacent to the alley have been the target of thefts and vandalism. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Serge. The motion carried. BILL NO. 35 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF HURON STREET RUNNING EAST FROM KOSCIUSZKO STREET TO THE FIRST NORTH -SOUTH INTERSECTING ALLEY FOR A DISTANCE OF 128.6 FEET BETWEEN LOTS 22 AND 23 OF J M STUDEBAKER SUB OF LOT 1 - HARPER & RUCKMANS SURVEY TO THE 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. Gregory Celmer, 520 Kosciuszko, made the presentation for the bill. He indicated the purpose of this vacation was to eliminate cars speeding down this alley, which endangered the lives and property of people living on the alley. Gertrude Botka, 514 Kosciuszko, spoke in favor of this vacation. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Taylor. The motion carried. 75 REGULAR MEETING BILL NO. 36 -87 A BILL APPROPRIATING $46,603.58 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 816 BOWMAN CREEK WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated the City was required to make emergency repairs at Bowman Creek at St. Joseph and Fox Streets. He indicated the Board of Public Works used emergency powers to facilitate those improvements, and this bill reflects the costs of those emergency repairs. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. BILL NO. 37 -87 A BILL APPROPRIATING AN ADDITIONAL $30,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8704, CONSTRUCTION OF VIRIDIAN DRIVE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this money is a match for moneys received from the Indiana Department of Commerce and the Industrial Foundation. He indicated Veridian Drive is located in the Airport Industrial Park area. Council Member Serge made a motion to recommend this bill to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 38 -87 A BILL APPROPRIATING AN ADDITIONAL $122,000 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8705 LOGAN ST. WIDENING FROM MC KINLEY TO JEFFERSON. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation is for the reconstruction of Logan Street between McKinley and Jefferson. He indicated this represents 12.4% of the total construction costs and is the City's share. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Paszek. The motion carried. BILL NO. 39 -87 A BILL APPROPRIATING AN ADDITIONAL $62,500.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8706 EDISON ROAD, WIDENING FROM CRESTWOOD TO HICKORY ROAD. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation is for the widening of Edison Road from Crestwood to Hickory. He indicated this represents 25% of the total cost and is the City's share. Richard Heyde, 3404 Corby, spoke in favor of this bill. Council Member Barcome made a motion to recommend this bill to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 40 -87 A BILL APPROPRIATING $275,000 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8703 PAVEMENT IMPROVEMENT WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation is for the purchase of labor, materials and equipment for various projects in South Bend, i.e., concrete repairs, crack sealing, paving Juniper /Eddy, Lafayette Street shoulders, Bendix Drive repairs. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Braboy. The motion carried. Council Member Taylor made a motion to combine public hearing on Bill Nos. 41 and 46 -87, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 41 -87 A BILL APPROPRIATING $525,000 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8702 PAVING MATERIALS. BILL NO. 46 -87 A BILL APPROPRIATING FUNDS IN THE AMOUNT OF $350,000.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA TO ACCOUNT NO. 4255.0 OTHER MATERIALS IN THE AMOUNT OF $150,000.00 AND ACCOUNT NO. 4399.0 OTHER CONTRACTUALS IN THE AMOUNT OF $200,000.00. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bills. He indicated this appropriation is for the purchase of materials for the 1987 Paving and Slurry Program. He indicated the proper maintenance of streets today reduces the need for more expensive and extensive repairs in later years. He indicated Bill No. 46 -87 appropriated monies that would be used in the alley hard surface program and other miscellaneous street repairs. Council Member Taylor made a motion to recommend Bill No. 41 -87 to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to recommend Bill No. 46 -87 to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. REGULAR MEETING MAY 26, 1987 BILL NO. 42 -87 A BILL APPROPRIATING $40,000 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8701 CONSTRUCTION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF BENDIX DRIVE AND SUGAR MAPLE LANE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation is for the for the installation of a traffic signal at the Bendix and Sugar Maple intersection. He indicated a traffic study has indicated the warrants are met for the signal installation. Ken Donnelly, 2605 Frederickson, spoke in favor of this bill. Council Member Serge made a motion to recommend this bill to the Council favorably, seconded by Council Member Paszek. The motion carried. BILL NO. 43 -87 A BILL APPROPRIATING $19,300.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND TO ACCOUNT NO. 429.0 AND ACCOUNT NO. 416.0. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Dale Balsbaugh, Manager of the Morris Civic, made the presentation for the bill. He indicated this appropriation would be used for a loading bridge, and a portable lift. He indicated the Broadway Theatre League is providing $5,000 for the loading bridge and South Bend Heritage Foundation is donating $2,250 for the portable lift. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Voorde. The motion carried. BILL NO. 44 -87 A BILL APPROPRIATING $1,200.00 FROM THE ARSON PROTECTION FUND TO ACCOUNT NO. 293.000.16.04429.00 SAID ACCOUNT BEING ENTITLED "OTHER EQUIPMENT." This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Asst. Chief Mirocha made the presentation for the bill. He indicated funds were received from the State for training and equipment of arson investigators in the City and funds are now needed for such purpose. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Taylor. The motion carried. BILL NO. 45 -87 A BILL APPROPRIATING $1,638,455.05 FROM THE UDAG FUND FOR THE PURPOSE OF ASSISTING IN THE CONTINUING DEVELOPMENT AND OPERATION OF A DOWNTOWN OFFICE FACILITY. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Donald Inks, Director of Community Planning, made the presentation for the bill. he indicated this appropriation would be granted to the Business Development Corporation for the purpose of making a loan to One Michiana Partners. He indicated a loan in the same amount is currently outstanding, but due to a technical need related to closing out the UDAG this loan will be paid off early. He indicated the ten year loan made to One Michiana Partners under the terms of the UDAG which provides the funds. He indicated none of the terms will be changed under the new loan. 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 Barcome. The motion carried. ATTEST: ATTEST: City Clerk aAt-� C a' 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 7:55 p.m. Council President Serge presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 7751 -87 AN ORDINANCE A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY WEST OF SUNNYSIDE, RUNNING FROM WAYNE STREET SOUTH TO THE INTERSECTING EAST -WEST ALLEY, FOR A TOTAL DISTANCE OF 112 FEET, MORE OR LESS. 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 Zakrzewski. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. M REGULAR MEETING MAY 26, 1987 ORDINANCE NO. 7752 -87 AN ORDINANCE A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF HURON STREET RUNNING EAST FROM KOSCIUSZKO STREET TO THE FIRST NORTH -SOUTH INTERSECTING ALLEY FOR A DISTANCE OF 128.6 FEET BETWEEN LOTS 22 AND 23 OF J M STUDEBAKER SUB OF LOT 1 - HARPER & RUCKMANS SURVEY TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7753 -87 AN ORDINANCE A BILL APPROPRIATING $46,603.58 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 816 BOWMAN CREEK WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. 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. ORDINANCE NO. 7754 -87 AN ORDINANCE A BILL APPROPRIATING AN ADDITIONAL $30,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8704, CONSTRUCTION OF VIRIDIAN DRIVE. This bill had second reading. Council Member Zakrzewski 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. 7755 -87 AN ORDINANCE A BILL APPROPRIATING AN ADDITIONAL $122,000 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8705 LOGAN ST. WIDENING FROM MC KINLEY - JEFFERSON. This bill had second reading. Council Member Braboy 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. 7756 -87 AN ORDINANCE A BILL APPROPRIATING AN ADDITIONAL $62,500.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8706 EDISON ROAD, WIDENING FROM CRESTWOOD TO HICKORY ROAD. This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7757 -87 AN ORDINANCE A BILL APPROPRIATING $275,000 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8703 PAVEMENT IMPROVEMENT WITHIN THE LOCAL ROAD AND STREET FUND. This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7758 -87 AN ORDINANCE A BILL APPROPRIATING $525,000 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8702 PAVING MATERIALS. This bill had second reading. Council Member Beck 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. 7759 -87 AN ORDINANCE A BILL APPROPRIATING $40,000 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8701 CONSTRUCTION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF BENDIX DRIVE AND SUGAR MAPLE LANE. 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. ORDINANCE NO. 7760 -87 AN ORDINANCE A BILL APPROPRIATING $19,300.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND TO ACCOUNT NO. 429.0 AND ACCOUNT NO. 416.0. 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. 7761 -87 AN ORDINANCE A BILL APPROPRIATING $1,200.00 FROM THE ARSON PROTECTION FUND TO ACCOUNT NO. 293.000.16.04429.00 SAID ACCOUNT BEING ENTITLED "OTHER EQUIPMENT." .. .l *1 REGULAR MEETING MAY 26, 1987 This bill had second reading. Council Member Zakrzewski 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. 7762 -87 AN ORDINANCE A BILL APPROPRIATING $1,638,455.05 FROM THE UDAG FUND FOR THE PURPOSE OF ASSISTING IN THE CONTINUING DEVELOPMENT AND OPERATION OF A DOWNTOWN OFFICE FACILITY. This bill had second reading. Council Member Braboy 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. 7763 -87 AN ORDINANCE A BILL APPROPRIATING FUNDS IN THE AMOUNT OF $350,000.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA TO ACCOUNT NO. 4255.0 OTHER MATERIALS IN THE AMOUNT OF $150,000.00 AND ACCOUNT NO. 4399.0 OTHER CONTRACTUALS IN THE AMOUNT OF $200,000.00. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1507 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 601 WEST BROADWAY 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 601 West Broadway, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Two parcels of land being parts of the Northeast Quarter of Section 14, Township 37 North, Range 2 East, in the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: All of Lots numbered Thirty -six (36) and Thirty -seven (37) in Samuel Stull's Second Addition to the City of South Bend, Indiana; ALSO, that part of said quarter- section more particularly described as commencing at the Southeast corner of Tract No. 4 of the Studebaker Corp. Replat as recorded in Plat Book 11, page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence North 0014'00" West' (bearing assumed) along the East line of said Tract No. 4 a distance of 247.35 feet to the point of beginning for this description; thence South 89022'40" West along the South line of Broadway Street projected westerly a distance of 6128.58 feet to the Southeast corner of a tract of land described in a deed to Allied Products Corp. and recorded in Deed Record 649, pages 497 -503 in said Office of the Recorder; thence North 0001'19" East along the East line of said tract a distance of 1165.66 feet; thence North 89055134" West along the North line of said tract a distance of 279.27 feet to a Southeasterly corner of a tract of land described in a deed to Cummins Engine Company, Inc., and recorded in Deed Record 650, pages 173 -183 in said Office of the Recorder; thence North 0004126" East along an East line of said tract a distance of 145.04 feet to the Southwest corner of a parcel of land described in a deed to Indiana and Michigan Electric company recorded in Deed Record 652, pages 427 -433 in said office of the Recorder; thence South 89060126" East, along the South line of said parcel, a distance of 100.00 feet; thence North 0004126" East along the East line of said parcel and an East line of a tract described in a deed to South Bend Lathe, Inc. recorded in Deed Record 659, pages 637 -640, a distance of 120.28 feet; thence South 89053136" East along a South line of said tract a distance of 647.32 feet; thence South 12018150" East along a Westerly line of said tract a distance of 162.12 feet to a point; thence North 89055'21" East along a South line of said tract a distance of 230.50 feet to the West line of Franklin Street; thence South 0021155" East along said West line of Franklin Street a distance of 374.67 feet to the South line of South Bend City Addition, as recorded in Plat Book 2, page 4 in said Office of the Recorder; thence South 0005120" East along the West line of Franklin Street a distance of 17.35 feet; thence South 88058145" West a distance of 121.36 feet to the East line of said Tract No. 4; thence South 0014100" East along said East line a distance of 870.90 feet to the point of beginning. DESCRIPTION OF PARCELS OF REAL ESTATE IN ST. JOSEPH COUNTY, INDIANA Parcel 1: Commencing at the intersection of the North Line of the Michigan Central Railroad right -of -way and the East line of Kendall Street, said point being the Southwest corner of Tract No. 4 of the Studebaker Corporation replat, as recorded in Plat Book 11, Page 184, in the office of the Recorder of St. Joseph County, Indiana; thence North along the East line of Kendall Street a distance of 233.93 feet to the intersection of said East line of Kendall Street with the South line of Broadway Street projected West; thence North 89022'40" East along said South line of Broadway Street projected West, a distance of 149.32 s y REGULAR MEETING MAY 26, 1987 feet to the Point of Beginning; thence continuing North 89022140" East along said South line of Broadway Street projected West a distance of 505.85 feet to a point; thence North 00001119" East a distance of 11.65.66 feet to a point; thence North 89055134" West a distance of 506.27 feet to a point; thence South 00000100" East a distance of 1171.80 feet to the point of beginning. Parcel 2. (a) Easement for the purpose of vehicular and pedestrian ingress and egress to and from Parcel 1, described as follows: A part of the Northeast Quarter of Section 14, Township 37 North, Range 2 East, more particularly described as follows: Commencing at the intersection of the North line of the Michigan Central Railroad Right -of -Way and the East line of Kendall Street, said point being the Southwest corner of Tract 4 of the Studebaker Corporation Replat, as recorded in Plat Book 11, Page 184, in the Office of the Recorder of St. Joseph County, Indiana; thence North along the East line of Kendall Street a distance of 233.93 feet to the intersection of said East line of Kendall Street with the South line of Broadway Street projected West; thence North 89022140" East along said South line of Broadway Street projected West a distance of 655.17 feet for a point of beginning; thence continuing North 89022140" East along said South line of Broadway Street projected West a distance of 736.86 feet to the West line of Franklin Street; thence Northerly along the said West line of Franklin Street a distance of 74.25 feet to its intersection with the North line of Broadway Street projected West a distance of 736.82 feet to a point; thence South 00001119" West a distance of 74.26 feet to the point of beginning. (b) Easement for storm and sanitary sewer drainage purposes from Parcel 1, described as follows: A part of the Northeast Quarter (1/4) of Section 14, Township 37 North, Range 2 East, more particularly described as follows: Beginning at a point 1,402.35 feet North and 149.69 feet East of the Southwest corner of Tract No. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, Page 284 in the office of the Recorder of St. Joseph County, Indiana, said line being also the intersection of the North Line of the Michigan Central Railroad right -of -way and the East line of Kendall Street; thence South 00000100" East a distance of 20.00 feet to a point; thence North 89055'34" West a distance of 203.89 feet to a point; thence North 00000'00" East a distance of 179.52 feet to a point; thence North 88030158" West a distance of 298.17 feet to the Easterly line of Prairie Avenue, said line being also the Westerly line of Tract No. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence North 28014'42" East along said Easterly line of Prairie Avenue a distance of 22.40 feet to a point; thence South 88030158" East a distance of 307.59 feet to a point; thence South 00000100" East a distance of 179.03 feet to a point; thence South 89055134" East a distance of 183.86 feet to the point of beginning. Also a part of the Northeast 1/4 of Section 14, Township 37 North, R. 2 E., more particularly described as follows: Beginning at a point 298.27 feet North and 149.69 feet East of the Southwest corner of tract no. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, Page 184 in the Office of the Recorder of St. Joseph County, Indiana, said line being also the intersection of the North line of the Michigan Central Railroad right -of -way and the East line of Kendall Street; thence North 00000'00" East a distance of 20.00 feet to a point; thence North 89044'51" West a distance of 149.18 feet to the East line of Kendall Street, said line being also the Westerly line of Tract No. 4 of the Studebaker Corporation replat, as recorded in Plat Book 11, Page 284 in the Office of the Recorder of St. Joseph county, Indiana; thence southerly along the said East line of Kendall Street a distance of 20.00 feet to a point; thence South 89044151" East a distance of 149.21 feet to the point of beginning. (c) Easement for use of railroad purposes to and from parcel 1, described as follows: A part of the Northeast Quarter (1/4) of Section 14, Township 37 North, Range 2 East, more particularly described as follows: Beginning at the intersection of the North line of the Michigan Central Railroad right -of -way and the East line of Kendall Street, said point being the Southwest Corner of Tract No. 4 of the Studebaker Corporation Replat, as recorded in the Plat book 11, page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence North along the East line of Kendall Street a distance of 29.90 feet for a point of beginning; thence continuing North on the said East line of Kendall Street a distance of 25.00 feet; thence North 89040137" East a distance of 41.80 feet to the point of curvature of a curve concave to the Northwest and having a central angle of 77011129" and a radius of 233.09 feet; thence Northeasterly along said curve an arc distance of 314.03 feet to the South line of Broadway Street projected West; thence North 89022140" East e REGULAR MEETING MAY 26, 1987 along said South line a distance of 34.50 feet to its intersection with a curve concave to the Northwest and having a central angle of 20012158" and a radius of 360.95 feet; thence Southwesterly along said last described curve an arc distance of 127.36 feet to a point of compound curvature with a curve concave to the Northwest and have a central angle of 20012100" and a radius of 258.09 feet; thence Southwesterly along said last described curve an arc distance of 91.21 feet to its intersection with a curve concave to the Northwest and having a central angle of 9029112" and a radius of 716.78 feet; thence Northeasterly along said last described curve an arc distance of 118.68 feet to the point of compound curvature with a curve concave to the Northwest and having a central angle of 35045148" and a radius of 270.30 feet; thence Northeasterly along said last described curve an arc distance of 168.72 feet to the aforesaid South line of Broadway Street projected West; thence North 89022140" East along said South line a distance of 27.40 feet to its intersection with a curve concave to the Northwest3est and having a central angle of 28036151" and a radius of 295.30 feet; thence Southwesterly along said last described curve an arc distance of147.48 feet to its intersection with a line having a bearing of North 57022140" East; thence North 57022140" East along said line a distance of 183.62 feet to the point of curvature of a curve concave to the Northwest and having a central angle of 10009121" and having a radius of 347.70 feet; thence Northeasterly along said last described curve an arc distance of 61.63 feet to the aforesaid South line of Broadway Street projected West; thence North 89022140" East along said South line a distance of 67.07 feet; thence South 67022140" West a distance of 294.02 feet to the point of curvature of a curve concave to the Northwest and having a central angle of 27017157" and a radius of 658.57 feet; thence southwesterly along said last described curve an arc distance of 313.92 feet to the point of tangency of said curve; thence South 89040137" West a distance of 53.02 feet to the point of beginning. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in questions; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION II. That this designation shall be limited to two (2) 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. The Abatement deduction shall be for six (6) years. This determination is made under the authority of I.C. 6 -1.1- 12.1 -3. SECTION V. 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 RESOLUTION NO. 1508 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 601 WEST BROADWAY AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 601 West Broadway, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Two parcels of land being parts of the Northeast Quarter of Section 14, Township 37 North, Range 2 East, in the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: All of Lots numbered Thirty -six (36) and Thirty -seven (37) in Samuel Stull's Second Addition REGULAR MEETING MAY 26, 1987 to the City of South Bend, Indiana; ALSO, that part of said quarter- section more particularly described as commencing at the Southeast corner of Tract No. 4 of the Studebaker Corp. Replat as recorded in Plat Book 11, page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence North 0014'00" West (bearing assumed) along the East line of said Tract No. 4 a distance of 247.35 feet to the point of beginning for this description; thence South 89022'40" West along the South line of Broadway Street projected westerly a distance of 6128.58 feet to the Southeast corner of a tract of land described in a deed to Allied Products Corp. and recorded in Deed Record 649, pages 497 -503 in said Office of the Recorder; thence North 0001119" East along the East line of said tract a distance of 1165.66 feet; thence North 89055134" West along the North line of said tract a distance of 279.27 feet to a Southeasterly corner of a tract of land described in a deed to Cummins Engine Company, Inc., and recorded in Deed Record 650, pages 173 -183 in said Office of the Recorder; thence North 0004126" East along an East line of said tract a distance of 145.04 feet to the Southwest corner of a parcel of land described in a deed to Indiana and Michigan Electric company recorded in Deed Record 652, pages 427 -433 in said office of the Recorder; thence South 89060126" East, along the South line of said parcel, a distance of 100.00 feet; thence North 0004126" East along the East line of said parcel and an East line of a tract described in a deed to South Bend Lathe, Inc. recorded in Deed Record 659, pages 637 -640, a distance of 120.28 feet; thence South 89053136" East along a South line of said tract a distance of 647.32 feet; thence South 12018150" East along a Westerly line of said tract a distance of 162.12 feet to a point; thence North 89055'21" East along a South line of said tract a distance of 230.50 feet to the West line of Franklin Street; thence South 0021155" East along said West line of Franklin Street a distance of 374.67 feet to the South line of South Bend City Addition, as recorded in Plat Book 2, page 4 in said Office of the Recorder; thence South 0005120" East along the West line of Franklin Street a distance of 17.35 feet; thence South 88058145" West a distance of 121.36 feet to the East line of said Tract No. 4; thence South 0014100" East along said East line a distance of 870.90 feet to the point of beginning. DESCRIPTION OF PARCELS OF REAL ESTATE IN ST. JOSEPH COUNTY, INDIANA Parcel 1: Commencing at the intersection of the North Line of the Michigan Central Railroad right -of -way and the East line of Kendall Street, said point being the Southwest corner of Tract No. 4 of the Studebaker Corporation replat, as recorded in Plat Book 11, Page 184, in the office of the Recorder of St. Joseph County, Indiana; thence North along the East line of Kendall Street a distance of 233.93 feet to the intersection of said East line of Kendall Street with the South line of Broadway Street projected West; thence North 89022'40" East along said South line of Broadway Street projected West, a distance of 149.32 feet to the Point of Beginning; thence continuing North 89022140" East along said South line of Broadway Street projected West a distance of 505.85 feet to a point; thence North 00001119" East a distance of 11.65.66 feet to a point; thence North 89055134" West a distance of 506.27 feet to a point; thence South 00000100" East a distance of 1171.80 feet to the point of beginning. Parcel 2. (a) Easement for the purpose of vehicular and pedestrian ingress and egress to and from Parcel 1, described as follows: A part of the Northeast Quarter of Section 14, Township 37 North, Range 2 East, more particularly described as follows: Commencing at the intersection of the North line of the Michigan Central Railroad Right -of -Way and the East line of Kendall Street, said point being the Southwest corner of Tract 4 of the Studebaker Corporation Replat, as recorded in Plat Book 11, Page 184, in the Office of the Recorder of St. Joseph County, Indiana; thence North along the East line of Kendall Street a distance of 233.93 feet to the intersection of said East line of Kendall Street with the South line of Broadway Street projected West; thence North 89022140" East along said South line of Broadway Street projected West a distance of 655.17 feet for a point of beginning; thence continuing North 89022140" East along said South line of Broadway Street projected West a distance of 736.86 feet to the West line of Franklin Street; thence Northerly along the said West line of Franklin Street a distance of 74.25 feet to its intersection with the North line of Broadway Street projected West a distance of 736.82 feet to a point; thence South 00001119" West a distance of 74.26 feet to the point of beginning. (b) Easement for storm and sanitary sewer drainage purposes from Parcel 1, described as follows: A part of the Northeast Quarter (1/4) of Section 14, Township 37 North, Range 2 East, more particularly described as follows: Beginning at a point 1,402.35 feet North and 149.69 feet East of the Southwest corner of Tract No. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, Page 284 in the office of the Recorder of St. Joseph County, Indiana, said line being also the intersection of the North Line of the Michigan Central a REGULAR MEETING MAY 26, 1987 Railroad right -of -way and the East line of Kendall Street; thence South 00000100" East a distance of 20.00 feet to a point; thence North 89055'34" West a distance of 203.89 feet to a point; thence North 00000100" East a distance of 179.52 feet to a point; thence North 88030158" West a distance of 298.17 feet to the Easterly line of Prairie Avenue, said line being also the Westerly line of Tract No. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence North 28014142" East along said Easterly line of Prairie Avenue a distance of 22.40 feet to a point; thence South 88030158" East a distance of 307.59 feet to a point; thence South 00000100" East a distance of 179.03 feet to a point; thence South 89055134" East a distance of 183.86 feet to the point of beginning. Also a part of the Northeast 1/4 of Section 14, Township 37 North, R. 2 E., more particularly described as follows: Beginning at a point 298.27 feet North and 149.69 feet East of the Southwest corner of tract no. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, Page 184 in the Office of the Recorder of St. Joseph County, Indiana, said line being also the intersection of the North line of the Michigan Central Railroad right -of -way and the East line of Kendall Street; thence North 00000100" East a distance of 20.00 feet to a point; thence North 89044151" West a distance of 149.18 feet to the East line of Kendall Street, said line being also the Westerly line of Tract No. 4 of the Studebaker Corporation replat, as recorded in Plat Book 11, Page 284 in the Office of the Recorder of St. Joseph county, Indiana; thence southerly along the said East line of Kendall Street a distance of 20.00 feet to a point; thence South 89044151" East a distance of 149.21 feet to the point of beginning. (c) Easement for use of railroad purposes to and from parcel 1, described as follows: A part of the Northeast Quarter (1/4) of Section 14, Township 37 North, Range 2 East, more particularly described as follows: Beginning at the intersection of the North line of the Michigan Central Railroad right -of -way and the East line of Kendall Street, said point being the Southwest Corner of Tract No. 4 of the Studebaker Corporation Replat, as recorded in the Plat book 11, page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence North along the East line of Kendall Street a distance of 29.90 feet for a point of beginning; thence continuing North on the said East line of Kendall Street a distance of 25.00 feet; thence North 89040137" East a distance of 41.80 feet to the point of curvature of a curve concave to the Northwest and having a central angle of 77011129" and a radius of 233.09 feet; thence Northeasterly along said curve an arc distance of 314.03 feet to the South line of Broadway Street projected West; thence North 89022'40" East along said South line a distance of 34.50 feet to its intersection with a curve concave to the Northwest and having a central angle of 20012158" and a radius of 360.95 feet; thence Southwesterly along said last described curve an arc distance of 127.36 feet to a point of compound curvature with a curve concave to the Northwest and have a central angle of 20012100" and a radius of 258.09 feet; thence Southwesterly along said last described curve an arc distance of 91.21 feet to its intersection with a curve concave to the Northwest and having a central angle of 9029112" and a radius of 716.78 feet; thence Northeasterly along said last described curve an arc distance of 118.68 feet to the point of compound curvature with a curve concave to the Northwest and having a central angle of 35045148" and a radius of 270.30 feet; thence Northeasterly along said last described curve an arc distance of 168.72 feet to the aforesaid South line of Broadway Street projected West; thence North 89022140" East along said South line a distance of 27.40 feet to its intersection with a curve concave to the Northwest3est and having a central angle of 28036151" and a radius of 295.30 feet; thence Southwesterly along said last described curve an arc distance of147.48 feet to its intersection with a line having a bearing of North 57022140" East; thence North 57022140" East along said line a distance of 183.62 feet to the point of curvature of a curve concave to the Northwest and having a central angle of 10009121" and having a radius of 347.70 feet; thence Northeasterly along said last described curve an arc distance of 61.63 feet to the aforesaid South line of Broadway Street projected West; thence North 89022140" East along said South line a distance of 67.07 feet; thence South 67022140" West a distance of 294.02 feet to the point of curvature of a curve concave to the Northwest and having a central angle of 27017157" and a radius of 658.57 feet; thence southwesterly along said last described curve an arc distance of 313.92 feet to the point of tangency of said curve; thence South 89040137" West a distance of 53.02 feet to the point of beginning. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in questions; and REGULAR MEETING �e MAY 26, 1987 WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. 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 resolutions at this time. Ernest Szarwark, attorney, indicated that Allied products is a diversified corporation which owns two divisions in the City: the first is the South Bend Stamping Division, and the second is the White Farm Equipment Division. He indicated the abatements are for the stamping division. He indicated that Allied proposes to spend approximately $375,000 to renovate the building and the parking area, and $1,095,000 to upgrade the equipment. He indicated the stamping division is facing mounting competition not only from domestic producers but from Japanese producers. He indicated this project will save approximately 30 existing jobs. Council Member Zakrzewski made a motion to adopt Resolution No. 1507 -87, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 1508 -87, seconded by Council Member Paszek. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1509 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AN APPLICATION FOR THE RENTAL REHABILITATION PROGRAM AND FOR THE SOUTH BEND PUBLIC HOUSING AUTHORITY TO SUBMIT AN APPLICATION FOR SECTION 8 HOUSING SUBSIDY. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for funds made available through the United States Housing Act (the Act). The Rental Rehabilitation Program is authorized by Section 17 of the Act which was enacted into law in Section 301 Housing and Urban -rural Recovery Act of 1983; and WHEREAS, Section 8 of the United States housing Act of 1937, as amended, authorizes the Housing Authority to develop, own, or assist in housing for low- income persons; and WHEREAS, there currently exists in South Bend, Indiana, a need for housing which is not being provided by the private sector; and WHEREAS, the U.S. Department of Housing and Urban Development has available funds for such purpose. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit the Rental Rehabilitation application to the United States Department of Housing and Urban Development. SECTION II. That the Common Council hereby authorizes the Housing Authority of the City of South Bend, Indiana, to submit an application to the U.S. Department of Housing and Urban Development for fourteen (14) units of housing to be funded by Section 8 of the United States Housing Act of 1937, as amended. SECTION III. 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 Lw , REGULAR MEETING MAY 26, 1987 A public hearing was held on the resolution at this time. Kathy Baumgartner, Executive Director, Bureau of Housing, indicated this resolution would authorize the Mayor to submit an application to HUD for the Rental Rehabilitation Program. She indicated South Bend is eligible to receive $108,000. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Paszek. 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 Zakrzewski. The motion carried. RESOLUTION NO. 1510 -87 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL DESIGNATING THE SOUTH BEND CENTRAL DEVELOPMENT AREA TO BE BLIGHTED FOR PURPOSES OF COMPLIANCE WITH THE TAX REFORM ACT OF 1986, 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, AND ADOPTING THAT DEVELOPMENT PLAN. WHEREAS, the South Bend Redevelopment Commission (Commission), pursuant to Indiana Code 36- 7 -14 -1 et seq., (Act), has conducted additional surveys and investigations and has thoroughly studied the area in the City of South Bend (City), St. Joseph County, Indiana, designated by the Commission as the South Bend Central Development Area (Area), which area is more particularly described as follows: A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: Beginning at the point of intersection of the south right -of -way line of Sample Street with the west right -of -way line of Michigan Street; thence north along said west right -of -way line of Michigan Street to its intersection with the northerly line of the Conrail Railroad (formerly Penn Central) right -of -way; thence northwesterly along said northerly railroad right -of -way line to its intersection with the southerly projection of the west right -of -way line of Taylor Street; thence north along said west right -of -way line to its intersection with the westerly projection of the north right -of -way line of Monroe Street; thence east along said projection and the north right -of -way line of said Monroe Street to its intersection with the southerly projection of the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said projection and the centerline of said 14 foot alley to the south right -of -way line of Washington Street; thence west along said south right -of -way line to the east right -of -way line of William Street; thence north along said east right -of -way line to the north right -of -way line of Colfax Avenue; thence east along said north right -of -way line to the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said centerline, in certain places being sometimes known as St. James Court, to the north right -of -way line of LaSalle Street; thence east along said north right -of -way line to the west right -of -way line of Michigan Street; thence north along said west right -of -way line to the westerly projection of the north line of Lot 111 in the Original Plat to the Town, now City of South Bend; thence east along said projection, the north line of said Lot 111 and its easterly projection to the centerline of the St. Joseph River; thence meandering northeasterly and northwesterly along said centerline to the westerly projection of the south right -of -way line of Corby Street; thence east along said projection and the south right -of -way line of said Corby Street to the centerline of the first 14 foot alley lying west of Hill Street; thence south along said centerline to the north right -of -way line of Crescent Avenue; thence southeasterly to the point of intersection of the south right -of -way line of said Crescent Avenue with the centerline of the first 14 foot alley lying west of said Hill Street; thence southeasterly, southwesterly and south along the centerline of said alley to the centerline of the first 14 foot alley lying north of Cedar Street; thence east along said centerline to the centerline of the first 14 foot alley lying east of Hill Street; thence south along said centerline to the south right -of -way line of Jefferson Boulevard; thence west along said south right -of -way line to the centerline of the St. Joseph River; thence southeasterly along said centerline to the easterly projection of the southerly right -of -way line of Monroe Street; thence southwesterly along said projection and the southerly right -of -way line of Monroe Street to the easterly right -of -way line of Lincolnway East (U.S. Highway #33); thence southeasterly along said easterly right -of -way line to the south right -of -way line of Sample Street; thence west along said south right -of -way line to the place of beginning; and WHEREAS, upon such additional surveys, investigations and studies being made, the Commission found and determined in its Resolution No. 800 that the area remains blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operations of private enterprise without resort to the provisions of the Act and that the public health and welfare would be benefitted by continued acquisition and redevelopment of the Area under the provisions of the Act; and WHEREAS, the Commission has previously caused to be prepared maps and plats of the Area which show the boundaries of the Area, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning, or redevelopment of the Area, indicating the parcels of property to be excluded from acquisition and the parts of 85 REGULAR MEETING MAY 26, 1987 the Area to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes; and WHEREAS, the Commission has readopted the South Bend Central Development Plan (Development Plan) to serve as the plan for the redevelopment of the Area; and WHEREAS, the Commission has found and determined in its Resolution No. 800 that there is a substantial presence of factors such as excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures, and delinquency in payment of real property taxes in the Area; and WHEREAS, the Commission has submitted its Resolution No. 800, together with supporting data, to the Area Plan Commission of St. Joseph County, and the Area Plan Commission of St. Joseph County by its Resolution No. 92, adopted on May 19, 1987, approved, ratified and confirmed the Development Plan and determined that Resolution No. 800 and the Development Plan conform to the master plan of development for the City of South Bend; and WHEREAS, the South Bend Common Council, as governing body of the City, is required by the Act to approve an order of the Plan Commission and is further required by certain provisions of the Tax Reform Act of 1986 to designate the area as blighted and to adopt the Development Plan; and WHEREAS, the Common Council has received from the Commission certain findings of fact which concern the location, physical condition of structures, land use, environmental influences and other economic conditions of the Area, a copy of which findings of fact are attached hereto and incorporated fully herein as Exhibit A; and WHEREAS, the Common Council is cognizant of under Title VI of the Civil Rights Act of 1964, shall, on the grounds of race, age, sex, color, excluded from participation in or be denied the discrimination in the undertaking and carrying project. the conditions that are imposed as amended, providing that no person religion, or national origin, be benefits of, or be subjected to Dut of any federally- assisted NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council, as follows: Section 1. The order of the Area Plan Commission of St. Joseph County, pursuant to its Resolution No. 92, attached hereto as Exhibit B and made a part hereof, is in all respects approved. Section 2. The Common Council hereby finds and determines that there is a substantial presence of factors such as excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures and delinquency in payment of real property taxes in the Area. Section 3. The Common Council hereby finds and determines, based upon the aforementioned evidence consisting of the maps and plats of the Area and findings of fact now submitted to it, that the Area which has previously been found by the Commission to be blighted, continues to be blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operation of private enterprise without resort to the Act and that the public health and welfare will continue to be benefitted by the continued acquisition and redevelopment of the Area under the Act. Section 4. The Common Council hereby finds that the Area continues to be a menace to the social and economic interest of the City and its inhabitants, and it will continue to be of public utility and benefit to continue to acquire and redevelop the Area under the Act. Section 5. The Common Council hereby finds and determines that the objectives of the Development Plan cannot be achieved through more extensive rehabilitation of the area. Section 6. The Common Council hereby finds and determines that the Area consists of four hundred forty -seven (447) acres and is contiguous and compact. Section 7. To the extent that qualified redevelopment bonds under Section 144(c) of the Internal Revenue Code of 1986 are issued to pay for all or a part of the redevelopment within the area, the use of proceeds of such bond issues shall be limited as required by Section 144(c), and no use of the property within the area shall be allowed which use would be prohibited by Section 144(c). Section 8. The Common Council hereby finds and determines that the Commission Resolution No. 800 and the Development Plan are in all respects approved and adopted and directs the City Clerk to file certified copies thereof with the minutes of this meeting. M REGULAR MEETING MAY 26, 1987 Section 9. The Common Council reapproves and reconfirms all other findings, determinations, and conclusions in the Commission's Resolutions No. 737, 745, 751, and 795, as approved by previous resolutions of the Common Council, which include but are not limited to the approval of the designation and establishment of the South Bend Central Allocation Area (South Bend Allocation Area No. IA), pursuant to Section 39 of the Act. Section 10. The Common Council hereby assures the United States of America of full compliance by the City 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. Section 11. This resolution shall be in full forcb and effect from and after its adoption by the Common Council and approval by thb Mayor. /s/ Joseph T. Serge Member of the South Bend Common Council EXHIBIT A South Bend Common Council Resolution No. South Bend Central Development Area Findings of Fact May 26, 1987 In 1985, the South Bend Redevelopment Commission declared the South Bend Central Development Area to be blighted and on June 14, 1985, conducted a public hearing and adopted its Findings of Fact based on evidence of blight presented at that time. These findings have subsequently been affirmed on three other occasions. In order to comply with the Tax Reform Act of 1986, the redevelopment staff has re- examined that evidence of blight and has presented that evidence to the South Bend Common Council on May 26, 1987. The South Bend Common Council has found that the South Bend Central Development Area which has previously been found by the Redevelopment Commission to be blighted, continues to be blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operation of private enterprise without resort to the Indiana Redevelopment Law IC 36- 7 -14 -1, et. seq. Blight is found in the area based on the following facts: A. In the sub -area known as the Central Business District: 1. Twenty -seven percent (27 %) of the land is currently vacant. (This does not include land used for streets & alleys but does include land used for paid surface parking). 2. An additional six percent (6 %) of the land has buildings on it that are currently vacant. 3. There is currently 809,350 square feet of Class A office space with a vacancy rate of five percent (5 %), 631,800 square feet of Class B office space with a vacancy rate of twenty -one percent (21 %), and 176,000 square feet of Class C office space with a vacancy rate of fifty -nine percent (50 %). This is an overall office vacancy rate of seventeen percent (17 %). 4. There are 80 retail establishments in the "Goods & Services" category which occupy 366,034 square feet. There are 24 retail establishments in the "Eating /Drinking" category which occupy 80,936 square feet. The total number of retail establishments (all categories) is 104. The total building space occupied by retail establishments (all categories) is 446,970 square feet. Of the total 755,470 square feet of available retail building space, forty -one percent (41° %) is vacant. B. In the sub -area known as the East Bank: 1. Twenty -six percent (26 %) of the land that is not devoted to public right -of -way or to public park is vacant and an additional nine percent (9 %) is underutilized. This means that thirty -five percent (35 %) of the land is vacant or underutilized. 2. Of the eighty -four (84) commercial or industrial structures, ten (10) are vacant and twelve (12) are underutilized. This means that twenty -six percent (26 %) of the commercial or industrial structures are vacant or underutilized. 3. Of the eight -four (84) commercial or industrial structures, approximately sixty -three percent (63 %) require cosmetic and /or structural repairs. 0 M REGULAR MEETING MAY 26, 1987 4. While the majority of the East Bank was rezoned to "A -3" Mixed Use Multi- Family Residential and Commercial in 1981, the number of housing units in that zoning area has decreased from twenty -one (21) in 1980 to twelve (12) in 1987. 5. Of the thirty (30) residential structures in the East Bank, (including the part not zoned A -3) sixty -seven percent (67 %) require cosmetic and /or structural repairs. C. In the sub -area known as Monroe Park: 1. Twenty percent (20 %) of the land zoned "B" Residential is currently vacant. (This does not include land used for streets and alleys). 2. There are one hundred thirty -five (135) structures in the subarea. Of these, eighteen (18) or thirteen percent (13 %) are substandard. 3. Seven percent (7 %) of all the land in Monroe Park is currently vacant. (This does not include land used for streets & alleys). D. In the entire South Bend Central Development Area: 1. Twenty -one percent (21 %) of the land is currently vacant. (This does not include land used for streets & alleys). 2. An additional five percent (5 %) of the land is currently underutilized or has buildings on it that are vacant or underutilized. (This does not include land used for streets & alleys). 3. In addition to the fact that twenty -six percent (26 %) of the land within the entire Area is either vacant or underutilized, the findings within Paragraphs A through C inclusive, above, are all incorporated by reference as to blight within the entire Area, inasmuch as the South Bend Common Council finds that blighting influences from one part of the Area have a substantial negative impact on other parts of the Area and that blight within any part of the Area is interrelated to a substantial degree with the remainder of the Area. Joseph T. Serge, President South Bend Common Council ATTEST: Irene Gammon, City Clerk RESOLUTION NO. 1511 -87 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL DESIGNATING THE STUDEBAKER CORRIDOR DEVELOPMENT AREA TO BE BLIGHTED FOR PURPOSES OF COMPLIANCE WITH THE TAX REFORM ACT OF 1986, APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY WITH REGARD TO THE DEVELOPMENT PLAN FOR THE STUDEBAKER CORRIDOR DEVELOPMENT AREA. WHEREAS, the South Bend Redevelopment Commission (Commission), pursuant to Indiana Code 36- 7 -14 -1 et seq., (Act), has conducted additional surveys and investigations and has thoroughly studied the area in the City of South Bend (City), St. Joseph County, Indiana, designated by the Commission as the Studebaker Corridor Development Area (Area), which area is more particularly described as follows: A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: Beginning at the intersection of the centerline of Prairie Ave. and the northerly right -of -way line of the New York Central Railroad; thence, southeasterly along said line to the southeast corner of Lot #20 in the recorded plat of "Martin & Tutt's Addition to the City of South Bend "; as recorded in the records of said county; thence, southeasterly to the southwest corner of Lot #12 in said plat; thence, east along the line between Lots 12 & 13 in said plat to the centerline of a north -south alley lying between Main and Michigan Streets; thence, south along said centerline to the centerline of the first alley north of Tutt Street; thence, east along said line 35.00 ft. to the centerline of the first alley west of Michigan Street; thence, south to the centerline of Sample Street; thence, west along said centerline to the alley lying between Michigan and Main Streets; thence, south along said line to the centerline of Indiana Street; thence, west along said line to the centerline of Franklin Street; thence, north along said line to the centerline of the South Bend & St. Joseph Lw .• a " REGULAR MEETING MAY 26, 1987 Railroad; thence, west along said line to the centerline of Kendall Street; thence, north along said line to the centerline of Cotter Street; thence, west along said line to the centerline of Prairie Ave.; thence northeasterly along said line to the centerline of Chapin Street as shown on the recorded plat of "Inter Belt Industrial Park" as recorded in Book 21 of plats on Page 1 in the records of said county; thence, north along said line to the centerline of Prairie Ave. as shown on said plat; thence, east along said line 363.11 ft. to a point of curvature; thence around a 286.48 ft. radius curve to the left an arc distance of 302.26 ft. to a point of tangent; thence, northeasterly along said centerline to the point of beginning. WHEREAS, upon such additional surveys, investigations and studies being made, the Commission found and determined in its Resolution No. 801 that the area remains blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operations of private enterprise without resort to the provisions of the Act and that the public health and welfare would be benefitted by continued acquisition and redevelopment of the Area under the provisions of the Act; and WHEREAS, the Commission has previously caused to be prepared maps and plats of the Area which show the boundaries of the Area, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning, or redevelopment of the Area, indicating the parcels of property to be excluded from acquisition and the parts of the Area to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes; and WHEREAS, the Commission has readopted the Studebaker Corridor Development Plan (Development Plan) to serve as the plan for the redevelopment of the Area; and WHEREAS, the Commission has found and determined in its Resolution No. 801 that there is a substantial presence of factors such as excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures, and delinquency in payment of real property taxes in the Area; and WHEREAS, the Commission has submitted its Resolution No. 801, together with supporting data, to the Area Plan Commission of St. Joseph County, and the Area Plan Commission of St. Joseph County by its Resolution No. 93, adopted on May 19, 1987, approved, ratified and confirmed the Development Plan and determined that Resolution No. 801 and the Development Plan conform to the master plan of development for the City of South Bend; and WHEREAS, the South Bend Common Council, as governing body of the City, is required by the Act to approve an order of the Plan Commission and is further required by certain provisions of the Tax Reform Act of 1986 to designate the area as blighted and to adopt the Development Plan; and WHEREAS, the Common Council has received from the Commission certain findings of fact which concern the location, physical condition of structures, land use, environmental influences and other economic conditions of the Area, a copy of which findings of fact are attached hereto and incorporated fully herein as Exhibit A; and WHEREAS, the Common Council is cognizant of under Title VI of the Civil Rights Act of 1964, shall, on the grounds of race, age, sex, color, excluded from participation in or be denied the discrimination in the undertaking and carrying project. the conditions that are imposed as amended, providing that no person religion, or national origin, be benefits of, or be subjected to Dut of any federally- assisted NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council, as follows: Section 1. The order of the Area Plan Commission of St. Joseph County, pursuant to its Resolution No. 93, attached hereto as Exhibit B and made a part hereof, is in all respects approved. Section 2. The Common Council hereby finds and determines that there is a substantial presence of factors such as excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures and delinquency in payment of real property taxes in the Area. Section 3. The Common Council hereby finds and determines, based upon the aforementioned evidence consisting of the maps and plats of the Area and findings of fact now submitted to it, that the Area which has previously been found by the Commission to be blighted, continues to be blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operation of private enterprise without resort to the Act and that the public health and welfare will continue to be benefitted by the continued acquisition and redevelopment of the Area under the Act. Section 4. The Common Council hereby finds that the Area continues to be a menace to the social and economic interest of the City and its inhabitants, and it will continue to be of public utility and benefit to continue to acquire and redevelop the Area under the Act. • _.I-- - - - Section 5. The Common Council hereby finds and determines that the objectives of the Development Plan cannot be achieved through more extensive rehabilitation of the area. Section 6. The Common Council hereby finds and determines that the Area consists of two hundred twenty (220) acres and is contiguous and compact. Section 7. To the extent that qualified redevelopment bonds under Section 144(c) of the Internal Revenue Code of 1986 are issued to pay for all or a part of the redevelopment within the area, the use of proceeds of such bond issues shall be limited as required by Section 144(c), and no use of the property within the area shall be allowed which use would be prohibited by Section 144(c). Section 8. The Common Council hereby finds and determines that the Commission's Resolution No. 801 and the Development Plan are in all respects approved and adopted and directs the City Clerk to file certified copies thereof with the minutes of this meeting. Section 9. The Common Council reapproves and reconfirms all other findings, determinations, and conclusions in the Commission's Resolution No. 762, as approved by previous resolution of the Common Council, which includes but is not limited to the approval of the designation and establishment of the Studebaker Corridor Allocation Area (South Bend Allocation Area No. 6), pursuant to Section 39 of the Act. Section 10. The Common Council hereby assures the United States of America of full compliance by the City 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. Section 11. 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 South Bend Common Council EXHIBIT A South Bend Common Council Resolution No. Studebaker Corridor Development Area Findings of Fact May 26, 1987 In 1986, the South Bend Redevelopment Commission declared the Studebaker Corridor Development Area to be blighted and on February 14, 1986, conducted a public hearing and adopted its Findings of Fact based on evidence of blight presented at that time. In order to comply with the Tax Reform Act of 1986, the redevelopment starr has re- examined that evidence of .light and has presented that evidence tn the South Bend Commission Council on May 2b, 1.987. The South Bend Common Council has found that the Studebaker Corridor Development Area, which has previously been found by the Redevelopment Commission to be blighted, continues to be blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operation of private enterprise without resort to the Indiana Redevelopment Law IC 36- 7 -14 -1, et. seq. Blight is found in the area based on the following facts: 1. Forty -nine percent (49 %) of the total building floor area in the Studebaker Plant Complex is vacant or underutilized. 2. Sixty -four percent (64 %) of the total building floor area in the north section north of Sample Street) of the Studebaker Plant Complex is vacant or underutilized. 3. The condition of buildings in the Studebaker Plant Complex is deteriorating. Almost half (46 %) of these buildings have an exterior condition that is ,poor" or "very poop while abouL 30% are classified as being in "poor" or "very poor" overall condition. 4. Thirty -two percent (32 %) of the land and buildings in the areas (Sub -Areas A and B) adjacent to the main plant complex are vacant or underutilized. This is especially prevalent in Sub -Area A (i.e., Franklin and Lafayette Streets) where forty -five percent (45 %) of the land and buildings are vacant or underutilized. 5. Over twenty -eight percent (28 %) of all buildings in the adjacent area are classified as being in "poor" or "very poor" condition. The majority of these deteriorating structures are residential. M - 0 i Joseph T. Serge, President South Bend Common Council ATTEST: Irene Gammon, City Clerk A public hearing was held on c..e resolutions at this time. uvn Hunt, Director of Economic Development, read the two Findings of Fact, which explained the need for the resolutions. Council Member Taylor made a motion to adopt Resolution No. 1510 -87, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Puzzello made a motion to adopt Resolution No. 1511 -87, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1512 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING Ttin CITY CONTROLLER'S DESIGNATION OF A THIRD PARTY Tu ISSUE PET LICENSES WHEREAS, O;dinance No. 7735 -87 of the Common Council of +re City of South Bend empowers the City Controller with the authority to designate a third party as an agent to issue pet licenses; and WHEREAS, Ordinance No. 7735 -87 requires that such designation must be made by the City Controller by the filing of an appropriate Resolution with the Common Council for their consideration and approval; and WHEREAS, Ordinance No. .735 -87 authorizes such designation on a yearly basis but provides for a longer term �. such is consistent with the contract between the City and the third party; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana has considered and hereby approves the authority of the City Controller to designate The St. Joseph Humane Society as a third party agent authorized to issue pet licenses. SECTION II. The Common c:ou..cil of the City of South Benu., Indiana authorizes such designation for a term effective not earlier than June 1, 1987 and not later than December 31, 1988. SECTION III. phis Rea�lution shall be in full force and effect unnr passage by the Common Council and approval by the Mayor. /s/ Joseph T. Sera- Member of the ..ommon Council A public hearing was held on the resolution at this time. Michael Vance, Controller, ina�catea this would authorize the Controller to designate the St. Joseph Humane Society as a pet licensing agent for cile City. He inai�ated final contractual terms will be worked out within a sh ^rt time. Ralph Johnson, 2727 Southeast, spoke in favor of this resolution. Joseph Guentert, 3510 Corby, spoke against this resolution. Edmund Chester, 1609 Florence, indicated there were only 289 dogs licensed in the City as of this date. Council Member Barcome made a motion to adopt this resolution, seconded by Council Member Paszek. The resolution was adopted by a roll call voce of nine ayes. BILLS. FIRST READINGS BILL NO. 48 -87 A BILL AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE REGULATING SPECIAL FUNDS. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reaaiag and public hearing May 26, and refer it to the r�rsonnel ana Finance Committee, seconded by Council Member Barcome. The motion carried. BILL NG. 49 -87 A BILL APPXurRIAj.L G $321,000.00 FROM THE REDEVELOPMENT STATE GRANT PROGRAM FUND TO BE ADMINISTERED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT ur THE CITY OF 6uu�H BEND, INDIANA. This bill had first reading. Council Member Braboy made a motion to set this bill for second reading and public hearing May 26, and refer it to the Human Resources Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 50 -87 A BILL APPROPRIATING $13,700.00 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS THE GENERAL REVENUE SHARING TRUST FUND FOR THE 1987 SUMMER CLEAN -UP PROGRAM. REGULAR MEETING MAY 26, lyo7 This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public nearing May 26, and refer it to the Personnel and Finance Committee, secoL.4ed by Council MemneL Barcome. The mol"on carried. BILL NO. 51 -87 A BILL AMENDING ORDINANCE NO. 7666 -86 ENTITLED "AN ORDINANCE FIXING THE ANNUAL PAY ANL MONETARY FRINGE BENEFITS OF MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR THE CALENDAR YEARS 1987, 1988 AND 1989" FOR CLARIFiu TION PURPOSES. This bill had first reading. Council Member puzzello made a motion to set thix bill for second reading and public hearing May 26, and refer it to the Personnel and Finance Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 52 -87 A BILL AMENLLNG ORDINANCE NO. 7665 -86 ENTITLED "AN ORDINAL FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS FOR THE CALENDAR YEARS OF 1987 AND 1988" FOR CLARIFICATION euRPOSES. This bill had first reading. Council Member Voorde made a motion to met this bill for second reading and publiu hearing May 26, and refer it to the tersonnel and Finance Committee and Public Safety Committee, seconded by Council Member Barcome. The motion carried. UNFINISHED BUSINESS Reports from Area Plan. Council Member Voorde made a motion to set Bill Nos. 11, 23, 26 and 33 -87 for public hearing and second reading June 8, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor requested that a Neighborhood Residential Committee meeting be held regaraiLLg the new proposed shopping center in the Southeast, and the traffic on Widner Lane. PRIVILEGE OF THE FLOOR Joseph Guentert, 3510 Corby, spoke regarding the Waste Water Treatment Plant. Ken Donnelly, 2605 Frederickson, spoke regarding the stadium. Richard Heyde, 3404 Corby, spoke regarding the Century Center. John Lindstaedt, 54756 uiLarles, indicated the wheel tax should be adopted. Robert Taylor, 4134 Coral Drive, spoke about how beautiful Coveleski Stadium is going to be. 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 Taylor. The motion carried and the meeting was adjourned at 9:07 p.m. ATTEST: City Clerk APPROVED: resi ent