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Dave Behr, from Area Plan, gave the Commission report, which was favorable. John Bilancio, 5802 Miami Road, the petitioner, made the presentation for the bill. He indicated the purpose of this rezoning was to build an ice cream store. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Crone. The motion carried. BILL NO. 32 -84 A BILL TRANSFERRING $163,929.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Crone made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Colleen Rosenfeld, Director of Community Development, made the presentation for the bill. She indicated this bill represents Community Development's continued fiscal plan to utilize funds in the current program year and to clear out accounts when activities are completed. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Crone. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Beck made a motion to rise and report to the Council, seconded by Council Member Braboy..,The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: hairm Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:50 p.m. Council President Beck presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 7318 -84 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (4320 S. MAIN.) This bill had second reading. Council Member Serge 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 Serge made a motion to pass this bill, as amended, seconded by Council Member Puzzello. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7319 -84 AN ORDINANCE TRANSFERRING $163,929.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Crone 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 Voorde made a motion to pass this bill, as amended, seconded by Council Member Crone. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 1129 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE DESIGNATING CERTAIN AREAS WITHIN THE CITY 1920 KENMORE ECONOMIC REVITALIZATION AREA PERSONAL PROPERTY TAX ABATEMENT. CITY OF SOUTH BEND COMMONLY KNOWN AS FOR PURPOSES OF 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 1920 Kenmore, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A part of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of said quarter section; thence South 0 degrees 07 minutes 29 seconds West 815.52 feet along the east line of said section to the north boundary, extended, of Voorde Drive; thence North 89 degrees 40 minutes 09 seconds West 1,288.56 feet along said extended boundary and the north boundary of said Voorde Drive to the east boundary of Kenmore Street (formerly Progress Drive); thence North 0 degrees 18 minutes 51 seconds East 1,260.40 feet along said east boundary, and said east boundary extended, to the point of beginning of this description; thence North 0 degrees 18 minutes 51 second East 220.00 feet; thence North 89 degrees 56 minutes 16 seconds East 215.00 feet; thence South 0 degrees 18 minutes.51 seconds West 220.00 feet; thence South 89 degrees 56 minutes 16 seconds West 215.00 feet to the point of beginning and conining 1.086 acres, REGULAR_ MEETING _ _. _ ... _ APRIL 91. _1984 _. more or less be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -2, 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 question; 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 Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of personal property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Larry Deskovich, Vice President of Audomatic Molded Plastics, indicated this abatement would be used for equipment needed to remain competitive in today's high -tech market. He indicated that six new permanent jobs will be created. Harold Bessire, executive director of the Industrial Foundation, spoke in favor of this resolution. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION 1136 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHINT HE CITY COMMONLY KNOWN AS 1710 NORTH SHERIDAN, SOUTH BEND, IN 46628, 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 1710 North Sheridan, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A parcel of land being a part of the Northwest Quarter of the Southeast Quarter of Section 33, Township 38 North, Range 2 East, and a part of the City of South Bend, St. Joseph County, Indiana being more particularly described as follows, viz; Commencing at the Northwest Corner of the Southeast Quarter of said Section 33; thence.South 890- 01 -14" West along the west line of said Southeast quarter of Section 33, a distance of 889.84 feet; thence South 890- 40' -09" East, along the south right -of -way line of Voorde Drive and its projection, a distance of 254 feet to the place of beginning for this description: thence continuing South 89- 40' -09" East, along said South right -of -way, a distance of 213.47 feet; thence south 00- 19' -51" West, a distance of 407.56 feet to the North right -of- way line of Keller Street; thence North 890- 58' -08" West, along said North right - of -way line, a distance of 213.47 feet; thence North 00- 19' -51" East, along the east line of a parcel of land conveyed to Gibbs Wire and Steel Company, Inc. by Warranty Deed recorded in Book 815, Page 594 in the office of the Recorder of St. Joseph County, Indiana, a distance of 408.68 feet to the place of beginning containing 2.00 acres, more or less. Subject to any easements, covenants or restrictions of record. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -2, 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 question; 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: REGULAR MEETING APRIL 9, 1984 SECTION I. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development 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/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. John Cleaver, a representative of Gibbs Wire, indicated they had purchased two acres of Voorde Park to allow for a planned increase of a 40,460 square feet of building. He indicated they hoped to add approximately ten new jobs with this expansion. Howard Bessire, executive director of the Industrial Foundation, spoke in favor of this resolution. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Voorde. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1131 -84 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA RELATING TO CROWE, CHIZEK AND COMPANY PROJECT. WHEREAS, at the present time there are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the City of South Bend, Indiana (the City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition of economic development facilities in the corporate limits of the City pursuant to the provisions of Indiana Code 36 -7 -12 (the "Act ")' amd WHEREAS, Crowe, Chizek and Company, an Indiana accounting partnership, (the "Company ") proposes to acquire economic development facilities in South Bend, Indiana as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application from the Company for the issuance of City of South Bend Economic Development Bonds in the approximate principal amount of Three Million Five Hundred Thousand and no /100 Dollars ($3,500,000.00) with the terms of repayment to be determined by the market rates at the time the bonds are sold and the proceeds of the bonds will be used to construct an approximate good faith efforts to consummate such proceedings and issue such Bonds, and the South Bend Economic Development Commission and the City of South Bend, Indiana, their officers and agents, shall not incur any liability if for any reason the proposed issuance of such Bonds is not consummated. This Inducement Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held at this time. Charles Boynton, attorney representing the Economic Development Commission, indicated that Crowe, Chizek and Company was requesting a $3,500,000 bond issue to expand their professional office building. He indicated this expansion will result in the addition of a minimum of 50 new jobs with a total potential of 180 new jobs. Council Member Puzzello made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1132 -84 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT A GRANT APPLICATION FOR FUNDING OF THE RUNAWAY SHELTER FOR THE YEAR 1984 -85. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, and, therefore, is the Applicant for a Grant for the Runaway Shelter. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend, Indiana: SECTION I. Hereby establishes the authority of the Mayor of lthe City of South Bend to submit an application for operation funds in the amount of $75,626, to the U.S. Department of Health & Human Services. - REGULAR -METING ,._ _- APRIL 9,. 1904_ SECTION II. The Director of the Youth Service Bureau will be designated the Administrative Agent for this project. For every category established under this Resolution, Director of the Youth Service Bureau shall submit to the Common Council a line item budget prior to the expenditures of any grant money received upon approval of this application. 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'/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Bonnie Strycker, director of the Youth Service Bureau, indicated they were requesting funding in the amount of $75,626. She indicated that the Runaway Shelter has been in existence for eight years. Council Member Crone made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 33 -84 A BILL AMENDING ORDINANCE"NO ' 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER ;21, MUNICIPAL CODE) (LINCOLNWAY EAST, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.) This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Crone. The motion carried. BILL NO. 34 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH - SOUTH ALLEY IN DENNISTON AND FELLOWS ADDITION. PARTS OF LOTS 19 AND 20. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: NORTH -SOUTH ALLEY BOUNDED BY MONROE ST., TO THE NORTH. THE FIRST THRU EAST -WEST ALLEY SOUTH OF MONROE ST., ALLEY LYING BETWEEN COLUMBIA ST., TO THE EAST AND CARROLL ST., TO THE WEST. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing and second reading April 24, and refer it to the Zoning and Vacation Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 35 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: APPROXIMATELY THREE HUNDRED NINETY LINEAL FEET OF BUTTERNUT ROAD SOUTH OF LATHROP STREET. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading April 24, and refer it to the Zoning and Vacation Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 36 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF HASTINGS STREET RUNNING WEST FROM IRONWOOD A DISTANCE OF 133.9' TO THE INTERSECTING NORTH - SOUTH ALLEY. BEING BETWEEN LOTS 128 AND 129 OF HASTINGS, WOODWARD AND GRAY'S ADDITION'TO THE CITY OF SOUTH BEND. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for public hearing and second reading April 24, and refer it to the Zoning and Vacation Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 37 -84 A BILL AUTHORIZING THE ASSIGNMENT OF THE INTERESTS OF BATH, VAN MELE AND ASSOCIATES, INC., UNDER THE $700,000.00 CITY OF SOUTH BEND, INDIANA, ECONOMIC DEVELOPMENT REVENUE BOND TO VAN MELE REALTY TRUST. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing and second reading April 24, and refer it to the Human Resources and Economic Development Committee, seconded by Council Member Crone. The motion carried. BILL NO. 38 -84 A BILL APPROPRIATING $170,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8404, SCARIFICATION AND PAVEMENT IMPROVEMENTS 1984 WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for public hearing and second reading April 24, and refer it to,the Public Works Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 39 -84 A BILL APPROPRIATING $25,000 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SARING FOR HOWARD PARK SENIOR CITIZEN CENTER FOR 1984 TO BE ADMINISTERED BY THE PARK'DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading April 24, and refer it to the Older Adults Commmittee, seconded by Council Member Voorde. The motion carried. REGULAR MEETING APRIL 9, 1984 BILL NO. 40 -84 A BILL APPROPRIATING $21,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8403, TRAFFIC SIGNAL IMPROVE - MENTS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for public hearing and second reading April 24, and refer it to the Public Works Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 41 -84 A BILL APPROPRIATING FUNDS RECEIVED FROM THE UNITED STATES DEPARTMENT OF INTERIOR $76,812.50 TO THE PARK DISTRICT BOND CONSTRUCTION FUND 50 IN THE AMOUNT OF $76,812.50. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading April 24, and refer it to the Park Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 42 -84 A BILL APPROPRIATING $150,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8402, CONCRETE IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for public hearing and second reading April 24, and refer it to the Public Works Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 43 -84 A BILL APPROPRIATING $400,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8401 1984 RESURFACING PROJECT, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading April 24, and refer it to the Public Works Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 44 -84 A BILL APPROPRIATING $260,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS821, IRONWOOD- IRELAND RETENTION BASIN, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Braboy made a motion to set this bill for public hearing and second reading April 24, and refer it to the Utilities Committee, seconded by Council Member Voorde. The motion carried. BILL NO.45 -84 A BILL APPROPRIATING $30,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS826, INLET RECONSTRUCTION, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Puzzello'made a motion to set this bill for public hearing and second reading April 24, and refer t to the Utilities Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 46 -84 A BILL APPROPRIATING $13,000.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR A PRELIMINARY ARCHITECTURAL MASTER PLAN FOR IMPROVEMENT OF THE MORRIS CIVIC AUDITORIUM. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading April 24, and refer it to the Personnel and Finance Committee, seconded by Council Member Crone. The motion carried. PRIVILEGE OF THE FLOOR Irene Mutzl, 320 Parkovash, President of the Fair Tax Association, indicated they recommend that increases for police and fire should at least be equal to the Council's increase. She indicated they urged the City limit there budget to stay within the moneys they receive from property taxes; etc. Jane Tenney, 2110 Niles - Buchanan Road, talked about the South Bend Symphony's Showhouse for 1984. She indicated there will be a tour of the Erskine Home, a Studebaker Tour, Studebaker Reunion and St. Mary's Academy. Fredrick Mutzl, 320 Parkovash, spoke against tax abatement. There being no further business to come before the Council,-unfinished or new, Council Member Braboy made a motion to adjourn, seconded by Council Member Zakrzewski. The motion carried and the meeting was adjourned at 8:25 p.m. ATTEST: -`City Clerk APPROVED: �6 resident