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HomeMy WebLinkAbout10-26-87 Council Meeting Minutes1' REGULAR MEETING OCTOBER 26, 1987 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, October 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 October 12 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Al Paszek /s/ Joseph Serge Council Member Puzzello made a motion that the minutes of the October 12, meeting of the Council be accepted and placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS Council Member Voorde indicated Macog wanted to establish a St. Joseph River Basin Commission, asked that a letter be written to every State representative and senator urging their support. Council Member Taylor made a motion to endorse the letter, seconded by Council Member Barcome. The motion carried. Council Member Serge made a motion to endorse the letter, seconded by Council Member Barcome. The motion carried. Council Member Beck made a motion to reappoint Joyce Boaler to the Animal Control Commission, Aaron Lowery to the Mayor's Traffic Commission, and Ann Puzzello to the Energy Commission, seconded by Council Member Taylor. The motion carried. REPORTS Council Member Voorde indicated the Zoning and Vacation Committee had met on Bill No. 104 -87 and recommended it favorably to the Council. He indicated Bill No. 100 -87 will be continued at the request of the petitioner until the first meeting in December. Council Member Beck indicated the Personnel and Finance Committee had met on Bill No. 91 -87 and recommended it favorably to the Council. Council Member Braboy indicated that the Human Resources Committee had met on Resolutions 87 -81, and 87, and Bill Nos. 102 and 103 -87, and recommended them to the Council favorable. Council Member Beck made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on October 26, at 7:10 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 100 -87 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. Council Member Beck made a motion to continue public hearing on this bill until December 7, 1987, at the request of the petitioner, seconded by Council Member Barcome. The motion carried. BILL NO. 91 -87 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER FOUR, ARTICLE 11 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA ENTITLED LICENSING. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Michael Vance, Controller, made the presentation for the bill. He indicated Chapter 4, Article 2, deals with the requirements pertaining to the licensing of Precious Metal Dealers and Second Hand Dealers. The changes proposed include increased identification and record keeping requirements which will enable the City through its Police Department to better enforce the ordinance and in fact make it more difficult to resell items that N may have been obtained illegally. He indicated the bill expands the enforcement authority to include those operating in violation of their license as well as those operating without a license. He indicated it sets forth a seven day period after a warning notice has been received to either obtain the license or correct the violations. Chief of Detectives, Don Ruszkowski, indicated they needed the fourteen day shelf life to give them time to get the information from the pawn dealers. He indicated this will aide in recovery of stolen property. Steve Krupnik, 1072 Lincoln Way East, owner of Red's Pawn Shop, indicated he was in favor of this bill, however, the pawn shop owners should have had some input. Vendel Vegh, 1530 Western Avenue, spoke against this bill. He indicated it takes at least 15 minutes to handle each transaction, and the pawn shop dealers were doing the work of the police - department. Council Member Barcome made a motion to recommend this bill to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 102 -87 A BILL APPROPRIATING $75,500.00 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND TO BE ADMINISTERED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF 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. Don Inks, Community Planning and Business Assistance, made the presentation for the bill. He indicated upon receipt of the grant, the money will be placed in the City's Economic Development State Grant Fund. He indicated the money will be used for infrastructure improvements as specified in the grant agreement. He indicated an appropriation ordinance is necessary to complete the local process. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. BILL NO. 103 -87 A BILL ADDING A NEW CHAPTER 14.5 TO THE SOUTH BEND MUNICIPAL CODE TO BE ENTITLED "AFFIRMATIVE ACTION PROCEDURES." 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 Zakrzewski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Barcome. The motion carried. Council Member Braboy indicated she was introducing this bill for the Council's consideration. She indicated this bill would establish a procedure to address equal opportunity for minorities and women with regard to employment and bidding for City contracts. She indicated the Mayor's Minority Affairs Council has been very instrumental in the development of this bill, and will provide additional data for the Council to review. She indicated there was an important need for our city to insure equality of opportunity both in City employment and contracting actions. Eugenia Schwartz, City Attorney, asked that the Council accept the filing with the recommendation of tonight's proceedings the data that has been filed with the Common Council for that purpose entitled Data Presented to the South Bend Common Council in Support of Bill No. 103 -87. Council Member Barcome made a motion to accept the data, seconded by Council Member Taylor. The motion carried. She indicated minorities represented 15.8% of the work force as of the 1980 census and held 22 % of city jobs as of 1986. She indicated this report listed women representing 42.4% of the work force as of 1980 but holding only 17.3% of City jobs as of 1986. She indicated minorities represented 20.5% on the police department, and 7.9% on the fire department. She indicated this bill supplements minority recruitment adopted by the Board of Public Safety and equal employment opportunity passed by the Board of Works. Sandy Combs, President of the Mayor's Minority Affairs Council, indicated this bill was a result of work between that Council and the City's Legal Department. He indicated that for every $100 being spent in the City less than $ .20 is going to women and minority contractors. Mary Crapo, co- coordinator of the Working Women's Coalition u and a member of the Human Rights Commission, spoke in favor of this bill. Carl Ellison, interim president of the Urban League, read the following into the record: "Members of the Council. My name is Carl Ellison, I live at 1740 Hass Drive. I am pleased to rise in support of the Affirmative Action Ordinance before you in my capacity as the interim president of the Urban League of South Bend and Saint Joseph County. The Affirmative Action Ordinance has been skillfully crafted to accomplish appropriate public purposes without imposing an undue burden on City departments and agencies. Essentially, the ordinance merely requires the components of City government to know where they stand with respect to the employment of covered individuals and with respect to contracting results relative to these interest groups. Logically, the ordinance then provides a reasonably methodology to allow departments and agencies to take incremental steps to mitigate, overtime, deficient conditions in work force representation and contracting results. Accordingly, the Urban League requests that the Common Council unanimously adopt the affirmative action ordinance for these reasons and the following additional ones: 1) The ordinance further affirms City commitment to include disadvantaged groups in municipal administration. 2) The ordinance recognizes the inherent value to the City as a whole of encouraging minority business enterprise formation, development and growth through assuring equal opportunity to compete for and perform contracts for goods and services. 3) The ordinance evidences City desire to continue to play a leadership role in reflecting and demonstrating that the door of opportunity shall remain firmly open for all of our citizens. 4) The ordinance is timely as examination of work force profile and contracting results confirm that minorities remain under represented in many categories of work and contracting. Thus, existing performance in these areas provides sufficient evidence of need for the ordinance to stimulate further progress. Finally, 5) The ordinance takes nothing away from the majority sector of the population. Indeed, the ordinance merely calls for a little additional rational effort to insure that historic barriers to minority penetration of the work force at all levels, and to minority receipt of City contracts, are removed so that minorities have a full and fair chance to experience that portion of the Anerican dream we all cherish - -the ability to compete for a fair share of the pie. Members of the Common Council, I invested several years of life in City government service. I can think of no single piece of legislation that has come before you that is more significant than this one. I request your unanimous adoption of this ordinance as it is the right thing to do. Rhoda Bradshaw, co- chairman of NOW, indicated this bill was long overdue, but she wanted to know who was going to implement and enforce this if it is passed. Roger Volker, 1242 Woodward, spoke in favor of this bill. Ralph Mullins, president of the local chapter of the NAACP, said the bill benefits women and other minorities as well as blacks. Ginny Burns, 54125 Maple Lane, representing the Women's International League for Peace and Freedom, spoke in favor of this bill. Council Member Barcome made a motion to recess, seconded by Council Member Zakrzewski. The motion carried and the meeting was recessed at 7:55 p.m., and reconvened at 8:05 p.m. Council Member Voorde indicated he felt there were two many unanswered questions regarding implementation. He made a motion to continue public hearing on this bill until the next meeting, seconded by Council Member Zakrzewski. The motion failed on a roll call vote of two ayes (Council Members Zakrzewski and Voorde) and seven nays. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Beck. The motion carried on a roll call vote of eight ayes and one nay (Council Member Voorde.) BILL NO. 104 -87 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 5, COMMONLY REFERRED TO AS "PROCEDURES FOR VACATION OF PUBLIC WAY AND PUBLIC PLACES" This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Attorney, Kathleen Cekanski - Farrand, indicated the bill should be amended in Section 18 -53.8 by making the last paragraph (5) and adding a new paragraph (c) to read: "If the petitioner is the City of South Bend or a Department or Bureau thereof, and if the appraised value is one hundred dollars ($100.00) or more, the requirement to pay the amount of the fair market value of the real estate in question shall be waived." Council Member Voorde made a motion to accept the amendment, seconded by Council Member Beck. The motion carried. Council Members Barcome and Serge made the presentation for the bill. Council Member Barcome indicated over the past several months many taxpayers questioned why the City does not receive a neutral appraisal on such properties as well as the fair market value when approving such vacations. He indicated this bill would require that the petitioner present at the time of filing a written appraisal report showing the fair market value of the property. He indicated this approved the ordinance would require that those properties appraised to be one hundred dollars or more, the petitioner would pay the City the fair market value, as well as the cost for legal advertising and recording, in addition to the appraisal. He indicated that if the property is appraised less than one hundred 11, MA °_ _ = .Zd. dollars, the petitioner would be responsible for the payment of the recording and advertising fees, as well as the cost of the appraisal. He indicated this bill also requires that all property owners within 300 feet be notified of the vacation. Carl Ellison 1740 Hass Dr., spoke in favor of this bill. Council Member Taylor made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Beck. 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 C i than 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 8:25 p.m. Council President Serge presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7809 -87 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER FOUR, ARTICLE II OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA ENTITLED LICENSING. This bill had second reading. Council Member Taylor 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. 7810 -87 AN ORDINANCE APPROPRIATING $75,500.00 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND TO BE ADMINISTERED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA. 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. 7811 -87 AN ORDINANCE ADDING A NEW CHAPTER 14.5 TO THE SOUTH BEND MUNICIPAL CODE TO BE ENTITLED "AFFIRMATIVE ACTION PROCEDURES." 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 Zakrzewski made a motion to pass the bill, as amended, seconded by Council Member Braboy. The bill passed by a roll call vote of eight ayes and one nay (Council Member Voorde.) ORDINANCE NO. 7812 -87 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 5, COMMONLY REFERRED TO AS "PROCEDURES FOR VACATION OF PUBLIC WAY AND PUBLIC PLACES" This bill had second reading. Council Member Puzzello 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 Beck made a motion to pass the bill, as amended, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1547--87A A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 635 S. LAFAYETTE BLVD. 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 the purpose of tax abatement consideration; and WHEREAS, a declaratory resolution designated the area commonly known as 635 S. Lafayette Blvd, and which is more particularly described as follows: The land referred to is located in the County of St. Joseph, State of Indiana, and described as follows: *: -_ A part of the Southeast Quarter (1/4) of Section Eleven (11), and part of the Southwest Quarter (1/4) of Section Twelve (12), all in Township Thirty -seven (37) North, Range Two (2) East of the 2nd P.M., more particularly described as follows: Beginning at the Northeast corner of Tract No. 3 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 South 00012110 East along the East line of said Tract No. 3 (being also the West line of Lafayette Boulevard) a distance of 690.31 feet to a point; thence South 89042154" West a distance of 598.92 feet to a point; thence North 00040'02" West a distance of 286.76 feet to a point; thence North 89036107" West a distance of 66.16 feet to a point; thence North 00012130" West a distance of 120.87 feet to a point; thence North 24046130" West a distance of 91.77 feet to a point; thence North 89029114" West a distance of 97.00 feet to a point; thence North 00030146" East a distance of 84.60 feet to a point; thence North 89029114" West a distance of 0.67 feet to a point; thence North 00030146" East a distance of 20.30 feet to a point; thence North 89029114" West a distance of 6.40 feet to a point; thence North 00030146" East a distance of 102.64 feet to the North line of Tract No. 3 as aforesaid; thence South 89032'00" East along said North line of said Tract No. 3 (being also the South line of the New York Central Railroad right of way), a distance of 807.09 feet to the point of beginning. ALSO, a non - exclusive perpetual easement for vehicular and pedestrian ingress and egress in, upon and over the following described real estate: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, more particularly described as follows: Commencing at the Northeast corner of Tract No. 3 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 South 00012110" East a distance of 690.31 feet to a point; thence South 89042154" West a distance of 646.47 feet to the point of beginning; thence continuing South 89042154" West a distance of 30.03 feet to a point; thence South 02006130" West a distance of 268.30 feet to a point; thence South 04039123" West a distance of 169.34 feet to a point; thence South 06001108" West a distance of 123.28 feet to a point; thence South 00016'04" West a distance of 35.06 feet to a point on the North line of Sample Street, said North line being also the Southerly line of said Tract No. 3 of the Studebaker Corporation Replat; thence South 89051146" East along said North line of Sample Street a distance of 30.00 feet to a point; thence North 00016104" East a distance of 33.42 feet to a point; thence North 06001108" East a distance of 122.15 feet to a point; thence North 04039123" East a distance of 170.38 feet to a point; thence North 02006130" East a distance of 270.24 feet to the point of beginning. (all bearings assumed). ALSO, a non - exclusive perpetual easement for storm and sanitary sewer drainage purposes in, upon and over the following described real estate: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, more particularly described as follows: W Beginning at a point on the Westerly line of Tract No. 3 of the Studebaker Corporation's Replat as recorded in Plat Book 11, page 184, in the Office of the Recorder of St. Joseph County, Indiana, 379.03 feet Northerly of the Southwest corner thereof (as measured along said Westerly line of said Tract No. 3); thence South 89008127" East a distance of 184.28 feet to a point; thence South 88042125" East a distance of 759.39 feet to a point; thence North 00017106" West a distance of 282.10 feet to a point; thence North 89042154" East a distance of 20.00 feet to a point; thence South 00017106" east a distance of 302.66 feet to a point; thence North 88042'25" West a distance of 779.88 feet to a point; thence North 89008127 "West a distance of 195.13 feet to the Westerly line of Tract No. 3 as aforesaid; thence North 29030157" East along said Westerly line of Tract No. 3 a distance of 22.79 feet to the point of beginning. (all bearings assumed). ALSO, a non - exclusive easement for a roadway for ingress and egress and to maintain railroad service to lands and buildings of Grantor and Grantee, their successors and assigns, reserved to Wood Brothers, Inc. in the Warranty Deed to South Bend Warehouse Corporation recorded in Deed Record 697, page 125, described as follows: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East of the 2nd P.M., more particularly described as follows: Beginning at the Northwest corner of Tract No. 3 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 South 29030157" East along the Easterly line of Prairie Avenue, a distance of 179.51 feet for a point of beginning; thence South 60029103" East a distance of 64.34 feet to a point on a curve convex to Northwest and having a radius of 346.30 feet and a central angle of 28011120 "; thence Northeasterly along said curve an arc distance of 170.38 feet to a point; thence South 89029114" East a distance of 85.40 feet to a point; thence South 00030'46" West a distance of 5.00 feet to a point; thence South 89029114" East a distance of 13.40 feet to a point; thence North 00030146" East a distance of 5.00 feet to a point; thence South 89029'14" East a distance of 27.50 feet to a point; thence South 00030146" West a distance of 63.00 feet to a point; thence North 89029114" West a distance of 242.65 feet to a point on a curve convex to the Northwest and having a radius of 308.50 feet and a central angle of 22024119 "; thence Southwesterly along said curve an arc distance of 120.64 feet to the point of a compound curvature with a curve convex to the Northwest and having a radius of 985.00 feet and a central angle of 15014'57 "; thence Southwesterly along said last described curve an arc distance of 262.16 feet to the point of tangency of said curve; thence South 29030157" West a distance of 256.39 feet to a point; thence South 89042154" West a distance of 30.23 feet to the Easterly line of Prairie Avenue; thence North 29030157" East a distance of 632.00 feet to the point of beginning. ALSO, a non - exclusive easement for a roadway for ingress and egress reserved to the Grantor, Wood Brothers, Inc. in the Warranty Deed to South Bend Warehouse Corporation in Deed Record 697, page 126, described as follows: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, of the 2nd P.M., more particularly described as follows: Beginning at the Northwest corner of Tract No. 3 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 South 89032100" East a distance of 251.33 feet to a point; thence South 00030146" West a distance of 102.64 feet; thence South 89029'14" East a distance of 6.40 feet to a point; thence South 00030'46" West a distance of 20.30 feet to a point; thence South 89029114" East a distance of 0.67 feet to a point; thence South 00030146" East a distance of 84.60 feet to a point; thence South 89029'14" East a distance of 97.00 feet for a point of beginning; thence South 24046130" East a distance of 91.77 feet to a point; thence South 00012'30" East a distance of 120.87 feet to a point; thence North 89036107" West a distance of 31.95 feet to a point; thence North 00012130" West a distance of 120.53 feet to a point; thence North 24046130" West a distance of 92.22 feet to a point; thence South 89029114" East a distance of 32.14 feet to the point of beginning. ALSO, a non - exclusive easement to maintain on the surface and underground storage of fuel oil reserved to the Grantor, Wood Brothers, Inc., in a Warranty Deed to South Bend Warehouse Corporation recorded in Deed Record 697, page 126, described as follows: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East of the 2nd P.M., more particularly described as follows: Beginning at the Northwest corner of Tract No. 3 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 South 89032'00" East a distance of 251.33 feet to a point thence South 00030'46" West a distance of 102.64 feet to a point; thence South 89029114" East a distance of 640 feet to a point; thence South 00030146" West a distance of 20.30 feet to a point; thence South 89029114" East a distance of 0.67 feet to a point; thence South 00030146" West a distance of 84.60 feet for a point of beginning; thence South 89029114" East a distance of 15.00 feet to a point; thence South 00030146" West a distance of 46.00 feet to a point; thence North 89029114" West a distance 170 of 48.00 feet to a point; thence North 00030'46" East a distance of 15.00 feet to a point; thence South 89029114" East a distance of 33.00 feet to a point; thence North 00030146" East a distance of 31.00 feet to the point of beginning. be designated as an Economic Revitalization Area under the provision of Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code Section 2 -76; and WHEREAS, the Department of Economic Development 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 the Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code Section 2 -76, and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; 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 determines and finds that the estimate of the number of individuals that will be employed or whose employment will be retained and the estimate of value of the redevelopment or rehabilitation and any other benefits about which the body designating the economic revitalization area requires information are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation. SECTION II. That the Common Council hereby determines and finds the following: (A) If the proposed redevelopment or rehabilitation does not occur, the approximate current year tax rate for the City would be 15.0781; (B) If the proposed redevelopment or rehabilitation does occur and no deduction is granted; the approximate current year tax rate for the City would be 15.0740. (C) If the proposed redevelopment or rehabilitation occurs, the deduction is granted, and a deduction percentage of fifty percent (500) is assumed, the approximate current year tax rate for the City would be 15.0761. SECTION III. That the Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the statement of benefits set forth as sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and that the statement of benefits is sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. 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 V. That the designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this resolution by the Common Council. SECTION VI. That the Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten years. SECTION VII. 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. Kathleen Cekanski- Farrand, Council Attorney, indicated the resolution should be amended on page 3, section 2, insert 15.0781 in (a) insert 15.0740 in (b) insert 15.0761 in (c). Council Member Beck made a motion to accept this amendment, seconded by Council Member Zakrzewski. The motion carried. Abraham Marcus, President of the Ivy Tower Corporation, indicated they planned to operate a public warehouse. He indicated four new jobs will be created. Council Member Beck made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to combine public hearing on the next two resolutions, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 1543 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 228 -230 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 228 -230 S. Michigan, South Bend, Indiana, and which is more particularly described as follows: A part of Lots Numbered 53 and 54 as shown on the original Plat of the town, now City of South Bend, which part is bounded by a line running as follows, viz: beginning at a point 55 feet North of the Southwest corner of said Lot No. 53; thence running North 44 feet; thence East 90 feet; thence South 44 feet; thence West 90 feet to the place of beginning. Together with the right to use in common with the owner adjoining on the East and West, a private alley 9 feet wide adjoining the above described property on the East, extending from Wayne Street North to the center line of said lot No. 54. Together with all Party walls and stairways appurtenant thereto. be designated as an Economic Revitalization Area under the provision of Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code Section 2 -76; and WHEREAS, the Department of Economic Development 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 the Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code Section 2 -76, and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; 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 determines and finds that the estimate of the number of individuals that will be employed or whose employment will be retained and the estimate of value of the redevelopment or rehabilitation and any other benefits about which the body designating the economic revitalization area requires information are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation. SECTION II. That the Common Council hereby determines and finds the following: (A) If the proposed redevelopment or rehabilitation does not occur, the approximate current year tax rate for the City would be 15.0781; (B) If the proposed redevelopment or rehabilitation does occur and no deduction is granted, the approximate current year tax rate for the City would be 15.0778. (C) If the proposed redevelopment or rehabilitation occurs, the deduction is granted, and a deduction percentage of fifty percent (50 %) is assumed, the approximate current year tax rate for the City would be 15.0779. SECTION III. That the Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the statement of benefits set forth as sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and that the statement of benefits is sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. 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 V. That the designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this resolution by the Common Council. SECTION VI. That the Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six years. SECTION VII. 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. 1544 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 902 -910 EAST IRELAND ROAD AND BOWEN DRIVE AND HIGH STREETS 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 902 -910 East Ireland Road and Bowen Drive and High Streets, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: Beginning at a point on the North line of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, 836.3 feet West of the Northeast corner of said Southeast quarter; thence South 230.45 feet parallel with the East line of the Southeast Quarter (East line of Section ); thence West 100 feet parallel with the said North line of the said Southeast Quarter; thence North 230.45 feet parallel with the East line of the said Southeast Quarter to the North line of the said Southeast Quarter; thence East 100 feet along the said North line to the place of beginning. PARCEL II: Part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, beginning at a point 690.3 feet West of the Northeast corner of said Southeast Quarter; thence South 230.45 feet; thence West 146 feet to true point of beginning of the land herein described; thence North 65 feet; thence East 57.67 feet; thence South 7 feet; thence East 7.33 feet; thence South 58 feet; thence West 65 feet to beginning. PARCEL III: Part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, situate in Centre Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Beginning at a masonry nail in the pavement on the North line of the South Quarter of said Section 25, said point being 936.3 feet West of an iron pin monumenting the Northeast corner of the Southeast Quarter of said Section 25; thence Westwardly along the North line of the Southeast Quarter of said Section 25 a distance of 18 feet to a point; thence Southwardly with a deflection angle of 88 degrees 38 minutes 50 seconds to the left, and parallel with the East line of the Southeast Quarter of said Section 25, a distance of 556.45 feet to an iron stake; thence Eastwardly parallel with the North line of the Southeast Quarter of said Section 25, a distance of 114 feet to an iron stake; thence Northwardly parallel with the East line of the Southeast Quarter of said Section 25, a distance of 326 feet to a point; thence Westwardly parallel with the North line of the Southeast Quarter of said Section 25, a distance of 96 feet to a point; thence Northwardly parallel with the East line of the southeast Quarter of said Section 25, a distance of 230.45 feet to the place of beginning of this description. Beginning at a point on the North line of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, 690.3 feet West of the Northeast Corner of said Southeast Quarter; thence South 230.45 feet parallel with the East line of the said Southeast Quarter (East line of the said Southeast Quarter (East line of Section ); thence West 81 feet parallel with the said North line of the said Southeast Quarter; thence North 65 feet parallel with the East line of the said Southeast Quarter; thence North 175.45 feet parallel with the East line of the said Southeast Quarter; thence East 146 feet to the place of beginning EXCEPTING THEREFROM a parcel of land described as beginning at the Northeast corner of the Southeast Quarter of said Section 25; thence West 836.3 feet along the North line of said Southeast Quarter Section; thence South 165.45 feet to the point of beginning of the land herein described; thence continuing South a distance of 10 feet; thence East 65 feet; thence North 3 feet; thence West 7.22 feet; thence North 7 feet; thence West 57.67 feet to the point of beginning. Subject to: the lien of current real estate taxes not delinquent, all covenants, encumbrances, easements and restrictions of record and all tenants' rights. A parcel of land being a part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, City of South Bend Centre Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at a point on the East line of said Southeast Quarter that is 350.00 feet South 0- 00'00" East of the Northeast corner thereof; thence South 0- 00100" East, along said East line, a distance of 206.45 feet; thence South 88- 38'50" West, parallel with the North line of said Southeast Quarter, a distance of 420.00 feet; thence South 0- 00100" East, parallel with said East line, a distance of 173.27 feet to the Northerly right -of -way line of Bowen Street, a 60 foot right -of -way; thence Westerly along said Northerly right -of -way line, a distance of 48 feet more or less to its intersection with the Northerly projection of the West line of a parcel of land conveyed to St. Joseph Bank and Trust company by warranty deed recorded in Deed Record 805, page 394 et seq. in the office of the Recorder of St. Joseph County, Indiana; thence Southerly, along said West line a distance of 174.62 feet, more or less, to the Southwest corner of said St. Joseph Bank and Trust Company parcel of land; thence Easterly, a distance of 23 feet to the Northwest corner of a parcel of land conveyed to Franchise Realty Corporation by Warranty Deed recorded in Deed .IwIJ =i ♦ N 6...we a. Record 804, Page 280 in said Recorder's office; thence South 0- 00100" East, parallel with the said East line of said Southeast Quarter and along the West line of said parcel, a distance of 173.72 feet to the North line of Widener's Addition an Unrecorded Subdivision; thence South 88- 37138" West along said North line and the North line of Harold C. Widener's First Addition, Unit "A" to the Southeast corner of a parcel of land conveyed to Lester Sumrall Evangelistic Association, Inc. by Warranty Deed recorded as instrument number 8010363 in said Recorder's office; thence North 0- 00100" East, along the East line of said property, a distance of 461.9 feet to a corner thereof; thence North 88- 38'50" East, along a Southerly line of said Sumrall property, a distance of 371.04 feet to a point on the East right -of -way line of high Street, a 60 foot right -of -way; thence North 0- 00'00" East, along said East right -of -way line, to the South line of a parcel of land conveyed to Slenderform /Universal Health Spas, Inc. by Warranty Deed recorded as instrument number 7810741 in said Recorder's office; thence Easterly, along the Southline of said parcel to the Southeast corner thereof; thence Northerly along the East line of said parcel, a distance of 174.55 feet to its intersection with the Westerly projection of the South line of a parcel of land known as "Parcel 1" conveyed to Standard Federal Savings and Loan Association by Sheriff's Deed recorded as instrument number 8406566 in said Recorder's office; thence Easterly, parallel with the North line of said Quarter Section to a point on the West line of property conveyed to Indiana Bell Telephone Company, Inc. by Warranty Deed recorded in Deed Record 629, page 412 in Said Recorder's office; thence Southerly, parallel with the East line of Said Quarter Section, a distance of 119.55 feet to the Southwest corner of said parcel; thence Easterly along the South line of said parcel and its Easterly projection, a distance of 450.00 feet to the place of beginning. be designated as an Economic Revitalization Area under the provision of Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code Section 2 -76; and WHEREAS, the Department of Economic Development 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 the Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code Section 2 -76, and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; 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 determines and finds that the estimate of the number of individuals that will be employed or whose employment will be retained and the estimate of value of the redevelopment or rehabilitation and any other benefits about which the body designating the economic revitalization area requires information are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation. SECTION II. That the Common Council hereby determines and finds the following: (A) If the proposed redevelopment or rehabilitation does not occur, the approximate current year tax rate for the City would be 15.0781; (B) If the proposed redevelopment or rehabilitation does occur and no deduction is granted, the approximate current year tax rate for the City would be 15.0046. (C) If the proposed redevelopment or rehabilitation occurs, the deduction is granted, and a deduction percentage of fifty percent (500) is assumed, the approximate current year tax rate for the City would be 15.0413. SECTION III. That the Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the statement of benefits set forth as sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and that the statement of benefits is sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. 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 V. That the designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this resolution by the Common Council. SECTION VI. That the Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three years. 9 y SECTION VII. 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. Kathleen Cekanski - Farrand, Council Attorney, indicated these two resolutions were passed at the last meeting, however, the necessary calculations in Section 2 were not included in the resolutions. She indicated the Council must again review the proposed tax abatements in light of the calculations. Council Member Zakrzewski made a motion to adopt Resolution No. 1542 -87, seconded by Council Member Beck. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 1543 -87, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1545 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE TRANSITIONAL HOUSING GRANT PROGRAM. WHEREAS, the City of South Bend is concerned and interested in providing assistance to its homeless residents; and WHEREAS, the Congress of the United States of America passed the Stewart B. McKinney Homeless Assistance Act, which through its Department of Housing Urban Development has made funds available to cities to provide assistance to its homeless residents; and WHEREAS, the City of South Bend has been notified by the Department of Housing and urban Development that grants are available for the development of transitional housing units; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: Section I. The Mayor of south Bend is hereby authorized through the Bureau of Housing, Department of Economic Development to submit an application in the amount of $200,000 to the United States Department of Housing and Urban Development for the Transitional Housing Grant program. 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. Kathryn Baumgartner, Director of the Bureau of Housing, indicated the Housing Development Corporation is planning to develop the site of the old Broadway Hotel into a longer term residence facility. She indicated among the tenets they intended to serve are those individuals who have obtained the counseling and job placement necessary to remove themselves from the ranks of the homeless. She indicated the Transitional Housing Grant available through HUD is designed to fund such an activity. She indicated they were requesting a $200,000 grant. 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. BILLS. FIRST READING BILL NO. 106 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY SOUTH OF VINE STREET RUNNING FROM THIRTIETH STREET EAST TO THE INTERSECTING NORTH -SOUTH ALLEY, FOR A TOTAL DISTANCE OF 165' MORE OR LESS. ALL BEING IN PART OF EGGLESTON'S 1ST ADDITION WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Beck made a motion to set this bill for second reading and public hearing November 9, and refer it to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 107 -87 A BILL APPROPRIATING $11,950.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR PURCHASE OF REPAIRS AND IMPROVEMENT AT THE MORRIS CIVIC AUDITORIUM. This bill had first reading. Council Member Beck made a motion to set this bill for second reading and public hearing November 9, and refer it to the Personnel and Finance Committee, seconded by Council Member Taylor. The motion carried. WE ORDINANCE NO. 7813 -87 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA, TO ISSUE ITS "CITY OF SOUTH BEND, INDIANA, VARIABLE RATE DEMAND MULTI - FAMILY HOUSING REFUNDING BONDS, SERIES 1987 (MAPLE LANE ASSOCIATES PROJECT) ", LOAN THE PROCEEDS THEREOF TO MAPLE LANE ASSOCIATES -PHASE VIII, AN INDIANA LIMITED PARTNERSHIP, AND AUTHORIZING AND APPROVING OTHER ACTIONS IN RESPECT THERETO. This bill had first reading. Council Member Beck made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Puzzello. The motion carried on a roll call vote of nine ayes. Council Member Barcome made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Beck. The motion carried. Kevin Butler, attorney, made the presentation for the bill. He indicated this bond ordinance will authorize the issuance and sale of bonds in the amount of $6,500,000 for the above project. The proceeds will provide for the financing of the refunding and redemption of the $6,500.000 Multi - Family Housing Revenue Bonds (Maple Lane Associates Project) issued by the City in 1984. He indicated the apartment project has been completed and is fully occupied. Council Member Taylor made a motion to pass this bill, seconded by Council Member Barcome. The bill passed by a roll call vote of nine ayes. UNFINISHED BUSINESS Council Member Beck made a motion to set Bill nos. 83, 85, 93, 94 and 95 -87, for public hearing and second reading on November 9, seconded by Council Member Zakrzewski. The motion carried. Council Member Beck made a motion to set Bill No. 67 -87 for public hearing and second reading December 7, seconded by Council Member Taylor. The motion carried. PRIVILEGE OF THE FLOOR Joseph Guentert, 3510 Corby, questioned by cost of 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 Barcome. The motion carried and the meeting was adjourned at 9:00 p.m. ATTEST: City Clerk APPROVED: resl ent