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HomeMy WebLinkAbout04-24-84 Council Meeting MinutesREGULAR MEETING APRIL 24, 1984 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Tuesday, April 24, at 7:00 p.m. The meeting F' was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Serge, Braboy, Puzzello, Taylor, Zakrzewski, Crone, Paszak, Voorde and Beck Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would res- pectfully report that it has inspected the minutes of the April 9, meeting of the Council and found them correct. The sub-committee, therefore, recommends that the same be approved. /s/ Beverlie J. Beck /s/ Ann Puzzello /s /Tomas Zakrzewski Council Member Serge made a motion that the minutes of the April 9, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Mayor Parent read a proclamation designating May 9 as Teacher's Day U.S.A., recognizing teachers who care. RESOLUTION NO. 1133 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING ALL TEACHERS OF THE SOUTH BEND COMMUNITY SCHOOL CORPORATION FOR THE VITAL ROLE THEY PLAY IN PUBLIC EDUCATION AND DESIGNATING MAY 9, 1984 AS TEACHER DAY U.S.A. WHEREAS, the role of teachers in the United States will be recognized by proclamations and resolutions at the National, State, and Local levels; and WHEREAS, the United States has made more progress than any other nation in the world in the social, technological and scientific fields; and WHEREAS, much of the progress made in America is due to our system of free and universal public education for all persons; and WHEREAS, the teachers of the South Bend Community School Corporation support the continuation of free and universal public education; and WHEREAS, the South Bend Common Council recognizes the essential role of teachers in our educational systems and hope that qualified, dedicated, and caring individuals will continue to be attracted to the educational field so that our children will continue to excel. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend as follows: SECTION I. The South Bend Common Council_ recognizes the vital role that teachers have in the free and universal public education system of the United States of America. SECTION II. The Council commends all teachers of the South Bend Community School Corporation for their contributions to the educational system and in recognition thereof proclaim May 9, 1984 as Teacher Day, U.S.A. in South Bend, Indiana. 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 /s/ Joseph T. Serge Member of the Common Council /s/ Eugenia Braboy Member of the Common Council /s/ Ann B. Puzzello Member of the Common Council REGULAR MEETING /s/ Robert G. Taylor member ot the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ Beverly D. Crone Member of the Common Council /s/ Al P. Paszak Member of the Common Council /s/ John Voorde Member of the Common Council APRIL 24, 1984 Council Members Beck and Taylor presented this resolution to Anna Pappas, president of the local NEA. 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 nine ayes. REPORTS Council Member Serge indicated that the Park Committee had met on Bill No. 41 -84 and recommended it favorable. He indicated that the TTtility Committee had met on bill nos. 44 and 45 -84 and recommended them favorable. Council Member Brabov indicated that the Human Resources Committee had met on Bill No. 37 -84 and recommended it favorable. She indicated that resolution 9E did not received a recommendation. Council Member Puzzello indicated that the Personnel and Finance Committee had met on Bill No. 46 -84 and recommended it favorable. Council Member Zakrzewski indicated that the Public Works Committee had met on bill nos. 38,40,41 and 43 -84 and recommended them favorable. Council Member Zakrzewski indicated that the Zoninq and Vacation Committee had met on bills nos. 30, 34, and 35 -84 and recommended them favorable. He indicated that Bill No. 16 -84 received an unfavorable recommendation, and Bill No. 36 -84 received no recommendation. Council Member Paszak indicated that the Older Adults Committee had met on Bill No. 39 -84 and recommended it favorable. Council Member Tavlor made a motion to resolve into the Committee of the Whole, seconded by Council Member Voorde. 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 Tuesday, April 24, at 7:10 p.m., with nine members present. Chairman Serge presiding. BILL NO. 35 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: APPROXIMATETY THREE HUNDRED NINETY LINEAL FEET OF BUTTERNUT ROAD SOUTH OF LATHROP STREET. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Schalliol, Airport Dirctor, made the presentation for the bill. He indicated they planned to relocate some qates and fence, in order to provide better security, as well as to allow the airport traffic to flow unhindered. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. 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 METE REALTY TRUST. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, att®rnev for economic development commission, made the presentation for the bill. He indicated it was the intent of this bill to assign the right, title, interest, duties and liabilities Van Mewle Realty Trust. He indicated that the assignor will remain liable on this obligation if the assignment is approved. Council Member Braboy made- a --tin to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. i BILL NO. 16 -84 A BILL AMENDING ORDINANCE NO. 4990 -68- AS Aml -TTT COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (BENDIX DRIVE.) REGULAR MEETING APRIL 241 1984 used for architectual services regarding the needs of the Morris Civic Auditorium. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Braboy. The motion carried. ATTEST: ATTEST: i City Clerk airman i REGULAR MEETING RECONVENED I Be it remembered that the Common Council of theCity of South Bend reconve in the Council Chambers on the fourth floor of the County -City Building at 8:45 p.m. Council President Beck presiding and nine members. present. BILL, SECOND READING ORDINANCE NO. 7320 -84 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: APPROXIMATELY THREE HUNDRED NINETY LINEAL FEET OF BUTTERNUT ROAD SOUTH OF LATHROP STREET. This bill had second reading Council Member Taylor made a motion to pass this bill, seconded by Council Member Serge. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 7321 -84 AN ORDINANCE 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 second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Serge. The motion carried on a roll.call vote of nine ayes. BILL NO. 16 -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) (BENDIX DRIVE.) Council Member Puzzelo made a motion to defeat this bill, seconded by Council Member Taylor. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 7322 -84 AN ORDINANCE 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 - second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. Council'Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7323 -84 AN ORDINANCE 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 second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Crone. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 7324 -84 AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (1840 KESSLER.) This bill had second reading. Council Member Serge made a motion to pass this bill, — seconded by Council Member Taylor. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 7325 -84 AN ORDINANCE 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 second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Braboy. The motion carried on a roll call vote of nine ayes. REGULAR MEETING ORDINANCE NO. 7326 -84 APRIL 24, 1984 AN ORDINANCE APPROPRIATING $25,000 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING 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 second reading. Council Member Paszak made a motion to pass this bill, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 7327 -84 AN ORDINANCE 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 second reading. Council Member.Serge made. a motion to pass this bill, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. ORDINANCE N0. 7328 -84 AN ORDINANCE 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 second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 7329 -84 APPROPRIATING $150,000.00 FROM THE LOCAL ROAD CONCRETE 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 Taylor. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 7330 -84 AN ORDINANCE 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 second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 7331 -84 AN ORDINANCE APPROPRIATING $260,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS821, IRONWOOD IRELAND ETENTION BASIN, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had second reading. Council Member Taylor made a.motion to pass this bill, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Braboy. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 7332 -84 AN ORDINANCE 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 second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Taylor. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 7333 -84 RESOLUTIONS RESOLUTION NO. 1134 -84 AN ORDINANCE APPROPRIATING $13,000.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR A PRELIMINARY ARCHITECTURAL MASTER PLAN FOR IMPROVEMENT OF THE MORRIS CIVIC AUDITORIUM. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, . COMMONLY KNOWN AS 1920 KENMORE.TO,BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF 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 1920 Kenmore and 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 * had second reading. Council Member Taylor made aro do tov pass ofthis bill, This bill The motion carried on a seconded by Council Member Serge. REGULAR MEETING -. APRIL 24,_ 1984 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 52 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 seconds 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 containing 1.086 acres, more or less. Also, above described lot it subject to a 20 foot utility easement, the centerline of which is parallel to, and 146.41 feet south of the northern boundary of said lot. Also, said lot is subject to 30 -foot building setback lines adjacent to all above described courses, except the course along the western boundary which is subject to a 60 -foot building setback line. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 23.2 -3 -5; and WHEREAS, the Council held a public hearing for the purpose of hearing all remonstrances and objections from interested persons and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economnic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Eugenia Braboy Member of the Common.Council A public hearing was held on the resolution at this time. Larry Deskovich, vice prsident of Automatic Molded Plastics, indicated they planned to purchase equipment which will add to their sales. He indicated that six new jobs"will be created. 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 nine ayes. RESOLUTION NO. 1135 -84 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1710 NORTH SHERIDAN AVE., TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF 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 1710 N. Sheridan and 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: Commencing at the Northwest Corner of the southeast Quarter of said Section 33; thence South 890 - 40'14" West along the west ine of said Southeast Quarter of Section 33, a distance of 889.84 eet.; thence South 89- 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 890- 40'09" East, along said South right -of -way, a distance of 213.47 feet; thence South 0 -19151 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 019'51" East, along the East line of a parrcel 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 place of beginning containing 2.00 acres, more or less. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 23.2 -3 -5; and REGULAR MEETING APRIL 24, 1984 WHEREAS, the Council held a public hearing for the purpose of hearing all remonstrances and objections from interested persons and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economnic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Eugenia Braboy 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 planned to increase their present facility by 40,460 square feet, and add approximately ten new employees. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Braboy. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1136 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF AN AMENDED LICENSE FOR A SCRAP METAL YARD (METAL RESOURCES CORPORATION, 1147 PRAIRIE AVENUE) FOR CALENDAR YEAR 1984, AND WAIVING THE 1,000 FEET REQUIREMENT OF MUNICIPAL CODE SECTION 4 -51(d) WHEREAS,.the Common Council of the City of South Bend recognizes the contributions that scrap metal operations make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap metal yard operations within the City; and WHEREAS, the Common Council of the city of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of scrap metal yard operations; and WHEREAS, in accordance with these rules and regulations, inspections of the scrap metal operation have been completed by the Department of Code Enforcement and the Fire Prevention Bureau and it has been found that such premises are fit and proper for the maintenance and operation of such a business; and WHEREAS, Metal Resources Corporation (formerly known as Bremen Iron and Metal Company, Inc.) is the holder of a 1984 City of South Bend Scrap Metal Dealers license for operation of a scrap metal yard at 1147 Prairie Avenue, South Bend, Indiana; and WHEREAS, on March 16, 1984, Metal Resources Corporation petitioned the Board of Public Works to amend said license in order to expand the area of the scrap metal operation to a total of 15.728 acres by including two (2) portions previously exempted from Parcel I and approximately one -half (1/2) of Parcel II as shown on the attached Exhibit A, which 15.728 acres are specifically described in the legal description ::attached hereto as Exhibit B; and WHEREAS, the two (2) previously exempted portions of Parcel I and the north one - half (1/2) of Parcel II are located within the 1,000 foot distance restriction of certain zoning districts set forth in Section 4051(d) (2) of the South Bend Municipal Code but are not located within 500 feet of said zoning districts; and WHEREAS, on March 16, 1984, Metal Resources Corporation petitioned. WHEREAS, the South Bend Common Council is the entity with the authority to waive the ,1,000 foot distance restriction set forth in Section 4 -51(d) (2) of the South Bend ',Municipal Code in order to permit the location of a scrap metal operation within 1'x.1,000 feet but no closer than 500 feet to said zoning districts; and WHEREAS, the Board of Public Works, at its meeting held on April 9, 1984, recommended ",:the approval of the amended license subject to the authority of the Common Council to `waive the 1,000 foot distance restriction. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the amended license application for the following scrap metal ,yard operation be approved based upon the satisfactory review of the property by the Department of Code Enforcement on March 19, 1984 and the Fire Prevention Bureau on March 23, 1984 and subsequent favorable recommendation by the Board of Public Works t,- __REGULAR._MEETING APRIL__24, ._1.9.84____ and the waiver by the Common Council of the 1,000 foot distance restriction, in order to permit the expansion of.the following scrap metal operation within 1,000 feet but no closer than 500 feet of restricted zoning districts: METAL RESOURCES CORPORATION, 1147 PRAIRIE AVENUE SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and .apprved by the Mayor. /s/ Beverlie J. Beck Member of the Council A public hearing was held on the resolution at this time. Council Member Voorde made a motion to accept the substitute resolution on file with the City Clerk's office, seconded by Council Member Zakrzewski. The motion carried. Jack Dunfee, attorney for Metal Resources, indicated it was necessary that an amended scrap metal license be approved, subject to a waiver by the Common Council of the 1,000 foot distance restriction. Council. Member Taylor made a motion to amend the title by adding "and waiving the 1,000 feet requirement of Municipal Code Section 4- 51(d). ", seconded by Council Member Crone. The motion carried. Stanley Dzialaiciewicz, 1505 McPherson, spoke against the issuance of an amended license. Council President Beck asked that the following letters be entered into the minutes: April 11, 1984 The Honorable Common Council City of South Bend 4th Floor City- County Building South Bend, IN 46601 Honorable Council Members: It is my understanding that Metal Resources Corporation, A South Bend company, is requesting approval of its application for Industrial Revenue Bonds. I would urge favorable consideration of that request. Superior Companies, located in Fort Wayne, their parent company, has been a vital and productive member of our Community. For over a quarter of a century they have provided a financial and employment base for the City of Fort Wayne. Their presence as a major employer as well as a good .neighbor is highly valued. Their decision to construct a regional facility in South Bend should, I am certain, prove to be a significant addition to your community. Respectfully, Benjamin A. Eisbart, President Fort Wayne Common Council April 13, 1984 To the Honorable Members of the Common Council of South Bend, Indiana: On behalf of the City of Fort Wayne, I would like to draw your attention to Metal Resources Corporation. It is my understanding they have submitted various petitions to the Council regarding their new regional metal processing and brokerage business to be located southwest of West Sample Street and Prairie Avenue in South Bend. Metal Resources Corporation, a subsidiary of Superior Company of Fort Wayne, will be directed and operated by Daniel M. Rifkin. The Rifkin family has operated one of the outstanding businesses in our Summit City for several decades. The work they have done for our community and the economic growth they have brought to our city is a major contribution to our Industries. I recommend the Rifkin's professionally and personally and am confident they will bring the same organizaed and efficient operation to the City of South Bend through Metal Resources Corporation. If you would like to discuss any part of their petition with me or have any further questions, please do not hesitate to contact my office. With best wishes! Sincerely, Win Moses, Jr. Mayor Council Member Zakrzewski made a motion to continue public hearing on this resolution to May 14, the motion received no second. Council Member Taylor made a motion to adopt this resolution, as amended, seconded by Council Member Serge. The resolution was adopted by a roll call vote of six ayes and three nays (Council Members Zakrzewski, Crone and Paszek.) REGULAR MEETING APRIL 24, 1984 RESOLUTION NO. 1138 -84 A RESOLUTION:; AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF INTENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND PARK CENTER ASSOCIATES, AN INDIANA LIMITED PARTNERSHIP PROVIDING FOR THE ISSUANCE BY SAID CITY OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF INDIANA CODE, TITLE 36, ARTICLE 7, CHAPTER 12, AS AMENDED. The Area still has insufficient employment opportunities and insufficient diversification of industries, which conditions are harmful to the economic stability and general welfare of the area and, if not remedied, will be detrimental to the development of such area. The City of South Bend, Indiana (the "City ") is authorized under the provisions of Indiana Code, Title 36, Article 7, Chapter 12, as amended (the "Act "), to acquire, construct and finance economic development projects for the users thereof and to provide for the issuance of revenue bonds in conjunction therewith. The City, in order to implement the public purposes enumerated in the Act anbd in furtherance thereof to induce Park Center Associates (the "Borrower ") to refund the City of South Bend Economic Development Revenue Bonds, Series 1984 (Park Center Associates Project) in the amount of $650,000.00 (the "Initial Bonds ") and to finance the purchase of land and construction and equipping of imporvements on real estate to be purchased by the Borrower (hereinafter collectively called the "project ") within the limits of the City of South Bend, Indiana, has indicated its intent to issue its revenue bonds under and pursuant to the provisions of the Act and to apply the proceeds therefrom to the payment of the costs of the Project. The Borrower, after considering a number of possible locations within and outside the State of Indiana, and in reliance upon the intent of the City to finance the Project through the issuance of revenue bonds under the provisions`of the Act, has determined to construct and Project within the limits of South Bend, Indiana. It is now deemed advisable to authorize the execution and delivery by the City of a Memorandum of Intent expressing formally and in writing the understanding heretofore formally agreed upon by the City and the Borrower. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. The Mayor is hereby authorized and directed to execute a Memorandum of Intent by and between the City and the Borrower and the City Clerk is hereby authorized and directed to affix the seal of the City thereto and to attest the same; and said Mayor and City Clerk are hereby authorized and directed to cause said Memorandum of Intent to be delivered to, accepted, and executed by the Borrower, said Memorandum of Intent, which is hereby approved and incorporated by reference and made a part of this authorizing resolution, to be in substantially the form attached hereto. SECTION 2 All resolutons and orders, or parts thereof, in conflict with the provisions of this resolution are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate effect from and after it adoption. This inducement resolutoin shall be in full force and effect from an after its adoption by the Common Council and approval by the May /s/ Eugenia Braboy Member of the Common Council A public hearing was held on the resolution at this time. Kevin Butler, attorney for the petitioner, indicated that Park Center Associates planned to purchase real estate and construct a 30,500 square foot building to be used for office, light industrial and warehouse space. He indicated the new facility will provide approximately 25 new jobs. 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 nine ayes. RESOLUTION NO. 1138 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN COMMONLY KNOWN AS 227 S. MAIN STREET 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 227 S. Main, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Forty -four feet in width North and South taken off and from the South side of Lot numbered Two Hundred Sixty -three (263) Original Plat of the Town, now City, of South Bend. and Situate in St. Joseph County, in the State of Indiana: the entire length of as shown on the REGULAR MEETING APRIL 24, 1984 Thirty - three (33) feet taken off of and from the entire length of the South side of Lot Numbered Two Hundred Sixty -two (262) and Twenty -two (22) feet taken off of and from the entire length of the North side of Lot Numbered Two Hundred Sixty -three (263) of the Original Plat of the Town, now City of South Bend. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -2, et seq.; and 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 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. Tom Gibson, of the Holladay Corporation, indicated this building was formerly owned and occupied by Indiana Bill. he indicated they were planning to renovate this property and tax abatement was a key to this planned renovation. He indicated that the property is not located within a redevelopment area, but it is within 5 feet of the Indiana R66 Redevelopment Area. He indicated they planned to spend between $650,000 and $700,000, and expect the development to create 32 new jobs. Council Attorney Farrand indicated that the resolution should be amended to delete the second and third whereas clause, and in Section I delete "hereby accepts the report and recommendation for the Human Resources and Economic Development Committee ". Council Member Taylor made a motion to accept the amendments, seconded by Council Member Serge. The motion carried. Council Member Taylor made a motion to adopt the resolution, as amended, seconded by Council Member Serge. The resolution was adopted by a roll call vote of six ayes and three nays (Council Members Zakrzewski, Crone and Voorde.) RESOLUTION NO. 1139 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT THE GREATER ST. JOHN MISSIONARY BAPTIST CHURCH'S APPLICATION FOR A DIRECT LOAN FOR HOUSING AND HANDICAPPED BE APPROVED BY THE HUD AREA OFFICE. WHEREAS, the Greater St. John Missionary Baptist Church will be filing an application for Section 202 Director Loan Assistance for Housing and Handicapped on or before April 30, 1984; and WHREAS, the proposed project would be a fifty (50) unit complex with modern one and two bedroom efficiency appartments for the elderly and the handicapped; and WHEREAS, the area selected for the project is in the vicinity of the Orange - Colfax connector on the West Side of South Bend which is within an area receiving several community services; and WHEREAS, the Common Council believes that multi- family type housing of this type is needed and therefore recommends approval of the proposed project. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend as follows: SECTION I. The South Bend Common Council recommends that the application for Section 202 Direct Loan Assistance for Housing and Handicapped to be filed by the Greater St. John Missionary Baptist Church be approved by the HUD area office in Indianapolis. SECTION II. The Council believes that housing for the elderly and the handicapped is needed within the City of South Bend and sees the proposed project on the West Side to be another positive step to revitalizating this important area of the City. 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/ Eugenia Braboy Member of the Common Council A public hearing was held on the resolution at this time. Council Member Braboy indicated this proposed project would include a total of fifty units made up on one REGULAR MEETING APRIL 24, 1984 and two bedroom efficiency apartments for the elderly and handicapped. She indicated that a multi - family housing project of this type would be another positive step to revitalizaing this imnportant area of the City. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 47 -84 A BILL AUTHORIZING THE ASSIGNMENT OF THE INTERESTS OF RALPH D. LOMAZ, MANUEL C. SPATZ, IRA M. WEISMAN, AND JAMES G. ZMUDZINSKI (ALUMA PRODUCTS CO., INC. PROJECT) TO KANCZUZEWSKI ENTERPRISES LIMITED PARTNERSHIP, OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading May 14, seconded by Council Member Serge. The motion carried. BILL NO. 48 -84 A BILL TRANSFERRING $390,000.00 BETWEEN ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading May 14, and refer it to the Human Resources Committee, seconded by Council Member Serge. The motion carried. BILL NO. 49 -84 A BILL TRANSFERRING $299,918.00 BETWEEN ACCOUNTS, THE ACCOUNTS BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading May 14, and refer it to the Human Resources Committe, seconded by Council Member Voorde. The motion carried. BILL NO. 50 -84 A BILL ESTABLISHING LOCAL CRITERIA FOR DESIGNATION OF AN AREA WITHIN THE CITY OF SOUTH BEND AS "A SLUM, BLIGHTED, DETERIORATED, OR DETERIORATING AREA" FOR PURPOSES OF TARGETING AREAS FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. This bill had first reading. Council Member Braboy made a motion to continue this indefinately and refer it to the Human Resources Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 51 -84 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (1204 LINCOLNWAY WEST). This bill had first reading. Council Member Crone made a motion to refer this bill to Area Plan, seconded by Council Member Voorde. The motion carried. BILL NO. 52 -84 A BILL APPROVING A CONTRACT BETWEEN PEERLESS - MIDWEST, INC., AND THE BOARD OF WATER WORKS COMMISSIONERS IN THE AMOUNT OF $271,617.00 FOR THE CONSTRUCTION OF THE NORTHWEST WELL FIELD ON CLEVELAND ROAD. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing and second reading May 14, and refer it to the Utilities Committee, seconded by Council Member Taylor. The motion carried. UNFINISHED BUSINESS Reports from Area Plan: Bill No. 22 -84, 317 W. Washington. Council Member Voorde made a motion to set this bill for public hearing and second reading May 14, and refer it to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. Bill No. 23 -84, 3921 W. Western. Council Member Zakrzewski made a motion to set this bill for pubic hearing and second reading May 14, and refer it to the Zoning and Vacation Committee, seconded by Council Member Voorde. The motion carried. PRIVILEGE OF THE FLOOR Glendarae Hernandez, 702 E. Scott, spoke regarding street lights that are burned out in the City. Ron Radecki, 123 S. St. Peter, spoke regarding the Studebaker Museum There being no further business to come before the Council, unfinished or new, Council Member Crone made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 10:30 p.m. ATTEST: APPROVED: Clay Clerk resident