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HomeMy WebLinkAbout08-27-84 Council Meeting MinutesREGULAR MEETING AUGUST 27, 1984 Be it remembered that the Common Council of the City of South Bend met in the Council e Chambers of the County -City Building on Monday, August 27, 1984 at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. P 6' 4 ROLL CALL Present: Council Members Serge, Braboy, Puzzello, Taylor, 4 Zakrzewski, Crone, Paszak, Voorde and Beck r 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 August 13, 1984, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Beverlie J. Beck /s/ Ann B. Puzzello-_-' /s/ Thomas Zakrzewski Council Member- -Serge made a motion that the minutes of the August 13, meeting of the Council be accepted and placed on file, seconded by Council Member Braboy. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1187 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE MANY CONTRIBUTIONS MADE TO OUR COMMUNITY BY JOHN R. KAGEL. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes with pride the years from 1951 until his retirement this year, when John R. Kagel diligently served the Chamber of Commerce for the South Bend - Mishawaka area; and WHEREAS, during his more than thirty (30) years of service with the Chamber, he made countless contributions to the betterment of our community; and WHEREAS, some of John Kagel's more notable activities included his involvement with: the Michiana Transportation Board, Crime Stoppers, Hazardous Waste Material Committee, River Bend Plaza Committee, the Whole Sale Committee, Organizer of the annual Christmas Parades, Organizer of the annual St. Patricks Day and Dyngus Day activities, and serving as Executive Director of the Downtown Council; and WHEREAS, the leadership and loyal dedication given to our Community by John R. Kagel are attributes which our citizens should emulate in the years ahead. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: s SECTION I. On behalf of the citizens of South Bend, Indiana, the Common Council hereby publicly commends John R. Kagel for his many contributions made to our community over the past thirty -plus years. SECTION II. The Common Council wishes John and his lovely wife Ann, rich and memorable years head. SECTION III. This resolution shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor. /s/ Joseph T. Serge s/ Eugenia Brabo /sl Beverlie J. Beck /s/ Robert G.Taylor /s/ Thomas Zakrzewski /s/ Beverly D. Crone /s/ Al B. Paszek /s/ John Voorde /s/ Ann B. Puzzello 12'x. REGULAR MEETING AUGUST 20, 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 Monday, August 20, 1984, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. i ROLL CALL Present: Council Members Serge, Braboy, Puzzello, Taylor, Zakrzewski, Crone, Paszak, Voorde and Beck Absent: None Council Member Taylor made a motion to resolve into the Committee Whole, seconded by Council Member Serge. 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 August 20, 1984, at 7:05 p.m., with nine members present. Chairman Serge presiding. BILL NO. 88 -84 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1985, AND ENDING DECEMBER 31, 1985, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. Council Member Puzzello made a motion to combine public hearing on these two bills, seconded by Council Member Voorde. The motion carried. BILL NO. 89 -84 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1985. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Michael Vance, City Controller, made the presentation for the bill. He indicated the appropriation bill and the bill approving the, -tax rate will fund the 1985 operating budget for the City. He indicated that most of the capital improvement expenses will be funded from a proposed bond issue and from the use of the Cumulative Capital Develpment Fund. He indicated this was a "bare bones budget ", and is proposed at $35,453,115. Council Member Puzzello indicated that the Personnel and Finance Committee had met and approved cuts totaling $188,528. Council Member Beck made a motion to accept the cuts made by the Personnel & Finance Committee, seconded by Council Member Taylor. The motion carried. Michael Vance indicated that were a clerical error in the Street Department Budget. He asked the Council to increase account 120, which is Salaries and Wages Temporary, by the amount of $36,545. he indicated this will allow the additional personnel required for the alley program. Council Member Voorde made a motion to accept this amendment, seconded by Council Member Paszek. The motion carried. John Wojtan, 6216 Exeter, asked what the tax increase is going to mean to the property owners. Michael Vance indicated that it will mean some type of an increase, but he did not know how much. Council Member Voorde made a motion that bill nos. 88 and 89 -84 be continued to August 27, as amended, seconded by Council Member Taylor. Kathy Cekanski - Farrand indicated that pursuant to State law, tonight is the last day for completing the public hearing on the budget. She indicated the correct motion would be to recommend, as amended, favorable and to set the bills for second reading on the 27th. Council Member Voorde made a motion,;to that effect, seconded by Council Member Beck. After discussion, Council Member Voorde withdrew his motions and made a motion to set these bills for second reading on August 27, as amended, without recommendation, seconded by Council Member Paszak. The motion carried. There being no further business to come before the Committee to the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Beck. The motion carried. ATTEST: ATTEST: City Clerk hair n REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:40 p.m. Council President Beck presiding and nine members present. PRIVILEGE OF THE FLOOR John Wojtan, 6216 Exeter Ct., spoke regarding resurfacing on Miami Street. 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 Serge. The motion carried and the meeting was adjourned at 7:45 p.m. T mmt+cm . APPROVED; REGULAR MEETING AUGUST 27, 1984 Council President Beck read the resolution and presented it to Mr. Kagel. Council Member Serge made a motion to adopt the resolution, seconded by Council Member Taylor. The motion carried. REPORTS Council Member Serge indicated that the Park Committee had met and recommended Bill No. 93 -84 to the Council favorable. Council Member Voorde indicated that the Zoning and Vacation Committee had met and recommended Bill No. 38 -83 favorable. He indicated that bill nos. 84 and 85 -84 received no recommendation, and Bill No. 86 -84 was being continued until September 24. Council Member Puzzello indicated that the Personnel and Finance Committee had met on Bill No. 91 -84 and recommended it favorable. Council Member Braboy indicated that the Human Resources Committee had met on Bill nos. 50 and,94 -84, and resolutions D, E, F, and recommended them favorable. Council Member Beck made a motion to resolve into the Committee of the Whole, seconded by Council Member Taylor. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on August 27, at 7:11 p.m., with nine members present. Chairman Serge presiding. BILL NO. 67 -84 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (CROWE, CHIZEK AND COMPANY PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF THREE MILLION FIVE HUNDRED THOUSAND DOLLARS ($3,500,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. 129 Council Member Taylor made a motion to strike this bill, seconded by Council Member Voorde. The motion carried. BILL NO. 95 -84 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (CURTIS PRODUCTS, INC. PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION THREE THOUSAND DOLLARS ($1,300,000.00; AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. 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, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this bill should be amended by substitution of a new page 3. Council Member Taylor made a motion to amend this bill, seconded by Council Member Zakrzewski. The motion carried. He indicated this bond issue would be used to finance the purchase of real estate located within the Monroe - Sample Area. He indicated this expansion of an existing business will create fifteen new jobs. Council Member Voorde made a motion to recommend this bill to the Council favorable, as amended, seconded By Council Member Zakrzewski. The motion carried. BILL NO. 96 -84 A BILL AUTHORIZING THE ASSIGNMENT OF THE INTERESTS OF MARION W. DUNN UNDER THE $300,000 CITY OF SOUTH BEND, INDIANA ECONOMIC DEVELOPMENT REVENUE BOND (MARION DUNN PROJECT) TO MOBILE COMMUNICATIONS CORPORATION OF AMERICA, A DELWARE CORPORATION. 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, attorney for the Economic Development Commission, made the presentation for the bill. He indicated the Commission has approved the assignment of the outstanding bond obligation of Marion W. Dunn, to Mobile Communications. He indicated this assignment as been approved by the bondholders and trustee. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 38 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SECOND ALLEY WEST OF HARRIS STREET RUNNING SOUTH FROM POLAND STREET, WHICH IS WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. 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. Lolita Anastasio made the presentation for the bill. She indicated this vacation would allow them to remodel and expand their day care center. Ogla V. Parra, 1338 King St., and Ricardo Faren, spoke in favor of 130 REGULAR MEETING AUGUST 27, 1984 this vacation. John Leszczynski, City Engineer,- indicated he was in favor of this vacation. Council Member Beck made a motion to _recommend this bill to the Council favorable, as amended, seconded by Council Member Braboy. The motion carried. BILL NO. 84 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH /SOUTH ALLEY WEST OF OLIVE ST. AND SOUTH OF DELAWARE ST., AND NORTH OF THE 1ST EA�T/WEST ALLEYj1ORTH OF EEING ST., BEING MORE PARTICULARLY DESCRIBED AS'BEING BOUNDED BY LOTS 143 THRU 156 AND LOTS 181 THRU 194 OF HOMELAND 2ND ADDITION RECORDED SUBDIVISION. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Leonard Skwarcan, 2221 S. Oliver indicated this was an unimproved alley that was not being used, as an alley, and the neighbors wanted it vacated for safety purposes. Daniel Popielski, 2402 W. Calvert spoke against the closing of this alley. John Leszczynski, City Engineer, indicated that the Board of Works gave a favorable recommendation to the closing of this alley, since it was an unimproved alley that has not been used in years. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 85 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 2ND NORTH /SOUTH ALLEY EAST OF SHERMAN AVENUE RUNNING SOUTH FROM ROOSEVELT STREET A DISTANCE OF 128 FEET TO THE INTERSECTING EAST/WEST ALLEY; ABUTING LOTS 233 AND 234 OF THE NORTHWEST 3RD PLAT TO THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Prentis Bonds, 902 Roosevelt, made the presentation for the bill. He indicated he.was requesting this vacation, since the alley is not used and he has been maintaining it. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 86 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTHEAST ALLEY SOUTH OF BRONSON COURT AND NORTH OF LOT NUMBERED FIVE (5) OF GEORGE L. FRANTZ'S ADDITION, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. RUNNING FROM LINCOLNWAY EAST FOR ONE HUNDRED SIXTY -FIVE (1651) FEET TO THE FIRST NORTHWEST ALLEY WHICH PARALLELS LINCOLN WAY EAST, RECORDED IN PLAT BOOK (2), PAGE 77, OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. Council Member Beck made a motion to continue public hearing on this bill until September 24, seconded by Council Member Taylor. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Voorde made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Voorde. The motion carried. Colleen Rosenfeld, Director of Community Development, made the presentation for the bill. She indicated this substitute bill incorporates the recommendations of the Human Resources and Economic Development Committee, as to the term being used will be "impact areas ", and the reviewing groups involve the Citizen Advisory Council in an advisory role, the Board of Works in a recommending role, and the Common Council in an approval role. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Braboy. The motion carried. BILL NO. 83 -84 A BILL AMENDING CERTAIN SECTIONS OF CHAPTER 21, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND REGULATING CONTROLLED USES. Council Member Beck made a motion to continue this billuntil September 10, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 91 -84 A BILL AMENDING ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A CUMULATIVE CAPITAL DEVELOPMENT FUND. 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, City Controller, made the presentation for the bill. He indicated this fund would be established at tour cents the first year, eight cents the second year and twelve cents the third year. He indicated this is a levy on property and is a maximum that can be established for municipalities in counties that have not taken advantage of the local option income tax. He indicated this fund would be used for capital improvements, public ways and sidewalks, for sewers, for general improvements, for firefighting building and equipment and police radios, for parks and for public buildings and rights -of- way. Council Member Voorde made a motion to amend the bill in paragraph (b) after 1 I 1 1 1 131 REGULAR MEETING- AUGUST 27, 1984 the last word, add "and file notice of such emergency declaration with the Board of Public Works. ", seconded by Council Member Taylor. The motion carried. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 92 -84 A BILL APPROPRIATING $3,242.00 FROM THE LOCAL EQUAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF ECONOMIC DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Debra Kroll, of Human Rights, made the presentation for the bill. She indicated the purpose of this grant was to pay for training costs of the commissioners and staff. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 93 -84 A BILL APPROPRIATING FUNDS IN THE AMOUNT OF $80,000.00 FROM PARK MAINTENANCE FUND TO BE USED TO SUPPLEMENT THE 1984 PARK MAINTENANCE BUDGET. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. James Seitz, Superintendent of Parks, made the presentation for the bill. He indicated this appropriation would be used for the operation, purchasing of equipment, staffing and police security for the East Race. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 94 -84 PUBLIC HEARING ON A BILL TRANSFERRING $201,400.00 BETWEEN ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This being-the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Colleen Rosenfeld, Director of Community Development, made the presentation for the bill. Council Member Taylor made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Voorde. The motion carried. She indicated this bill will allow them to utilize funds, by October 31, which is the end of the program year for the Jobs Bill Funding. Glendarae Hernandez, 702 E. South, spoke aginst this bill. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 97 -84 A BILL ESTABLISHING A SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND AND AMENDING CHAPTER 17, ARTICLE 5 AND 6 BY AMENDING SECTION 17 -47, 17 -47.1, AND 17- 49(a). This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Thomas Bodnar, Chief Deputy City Attorney, made the presentation for the bill. He indicated this bill reflected exactly the same rate passed by this Council four years ago. Thomas Brademas, 100 Center, spoke against the sewage rate for apartments. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. Council Member Voorde made a motion to recess, seconded by Council Member Taylor. The motion carried and the meeting was recessed at 8:37 p.m., and reconved at 8:50 p.m. Council Member Taylor made a motion to rise and report to the Council seconded by Council Member Beck. The motion carried. ATTEST: ATTEST: City Clerk hair an 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 8:50 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7367 -84 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (CURTIS PRODUCTS, INC. PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION.THREE THOUSAND DOLLARS ($1,300,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. f REGULAR MEETING AUGUST 27, 1984 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 Voorde. 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. 7368 -84 AN ORDINANCE AUTHORIZING THE ASSIGNMENT OF THE INTERESTS OF MARION W. DUNN UNDER THE $300,000 CITY OF SOUTH BEND, INDIANA ECONOMIC DEVELOPMENT REVENUE BOND (MARION DUNN PROJECT) TO MOBILE COMMUNICATIONS CORPORATION OF AMERICA, A DELWARE CORPORATION, This bill had second reading. Council Member -Serge made a motion to pass the bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7369 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SECOND ALLEY WEST OF HARRIS STREET RUNNING SOUTH FROM POLAND STREET, WHICH IS WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. 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 Taylor. The motion carried. Council Member Puzzello made a motion to pass this bill, as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7370 -84 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH /SOUTH ALLEY WEST OF OLIVE ST. AND SOUTH OF DELAWARE ST., AND NORTH OF THE 1ST EAST/WEST ALLEY NORTH OF EEING ST., BEING MORE PARTICULARLY DESCRIBED AS BEING BOUNDED BY LOTS 143 THRU 156 AND LOTS 181 THRU 194 OF HOMELAND 2ND ADDITION RECORDED SUBDIVISION. This bill had second reading. Council Member Zakrzewski made a motion to pass the bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7371 -84 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 2ND NORTH /SOUTH ALLEY EAST OF SHERMAN AVENUE RUNNING SOUTH FROM ROOSEVELT STREET A DISTANCE OF 128 FEET TO THE INTERSECTING EAST/WEST ALLEY; ABUTING LOTS 233 AND 234 OF THE NORTHWEST 3RD PLAT TO THE CITY OF SOUTH BEND. This bill had second reading. Council Member Serge made a motion to pass the bill, seconded by Council Member Taylor The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7372 AN ORDINANCE ESTABLISHING LOCAL CRITERIA FOR DESIGNATION OF AREAS WITHIN THE CITY OF SOUTH BEND AS IMPACT AREAS FOR PURPOSES OF USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Voorde. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7373 -84 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY It 19851 AND ENDING DECEMBER 31, 1985, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Puzzello made a motion pass this bill, as amended, seconded by Council Member Serge. Council Member Crone indicated this budget was presented in conjunction with the 3.8 million dollar bond issue. She indicated she would vote for the budget was not in favor of the bond issue. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 737f84 AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1985. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Braboy. Council Member Crone made a motion to amend the bill reflect the levy figures, seconded by Council Member Zakrzewski. Council Member Puzzello withdrew her motion. Michael Vance, City Controller, read the following figures into the record: Corporation General Fund - 4.7245; Park Maintenance Fund - .8289; Motor Vehicle Fund - .2135; Fire Pension Fund - .1426; Police Pension Fund - .0226; General Sinking Fund - .0655; Park District Bond - .0436; Urban Redevelopment Bond Fund - .0688; Century Center Board of Managers Operating Fund - .0531; Parking Garage Operating Fund - .1208. The motion carried. Council Member Puzzello made a I 1 1 1 133 REGULAR MEETING AUGUST 27, 1984 motion to pass this bill, as amended, seconded by Council Member Voorde. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 7375 -84 AN ORDINANCE AMENDING ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A CUMULATIVE CAPITAL DEVELOPMENT FUND. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7376 -84 AN ORDINANCE APPROPRIATING $3,242.00 FROM THE LOCAL EQUAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had second reading. Council Member Braboy made a motion to pass the bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7377 -84 AN ORDINANCE APPROPRIATING FUNDS IN THE AMOUNT OF $80,000.00 FROM PARK MAINTENANCE FUND TO BE USED TO SUPPLEMENT THE 1984 PARK MAINTENANCE BUDGET. This bill had second reading. Council Member Serge made a motion to pass the bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7378 -84 AN ORDINANCE TRANSFERRING $201,400.00 BETWEEN ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7379 -84 AN ORDINANCE ESTABLISHING A SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND AND AMENDING CHAPTER 17, ARTICLE 5 AND 6 BY AMENDING SECTION 17 -47, 17 -47.1, AND 17- 49(a). This bill had second reading. Council Member Zakrzewski made a motion to pass the bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. Council Member Taylor made a motion to combine public hearing on Resolutions A &B, seconded by Council Member Zakrzewski. The motion carried. RESOLUTIONS RESOLUTION NO. 1188 -84 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 3603 PROGRESS DRIVE, SOUTH BEND, IN 46628 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, the Common Council of the City of South Bend has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3603 Progress Drive, South Bend, IN 46628 and more particularly described by a line drawn as follows: A tract or parcel of land located in the Southwest Quarter of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, more particularly described as follows: Beginning at a point which is One Hundred Ninety -five and Eighteen Hundredths (195.18) feet North and Eight Hundred Fifty -five and Fity -four Hundredths (855.54) feet Easterly of the center of said Section 33, said point being on the North line of Progress Drive; thence North 00 19' 51" East a distance of Four Hundred Sixty -eight and Seventy -three Hundredths (468.73) feet to the South line of the St. Joseph County Airport; thence South 890 59' 38" East on and along the South line of said St. Joseph County Airport a distance of Four Hundred Thirty - nine and Ten Hundredths (439.10) feet; thence South 00 18' 51" West a distance of Four Hundred Seventy and Sixty -five Hundredths (470.65) feet to the North line of Progress Drive; thence North 890 40' 09" West a distance of Four Hundred Thirty -nine and Seventy -one Hundredths (439.71) feet to the point of beginning. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2 -5; and REGULAR MEETING AUGUST 27, 1984 _ i WHEREAS, the Council held a public hearing for the purposes 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 Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council RESOLUTION NO. 1189 -84 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 3603 PROGRESS DRIVE, SOUTH BEND, IN 46628 TO BE AN ECONOMIC REVITALIZATION AREA FOR _PURPOSES OF PERSONAL 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 3603 Progress Drive, South Bend, IN 46628 and more particularly described by a line drawn as follows: A tract or parcel of land located in the Southwest Quarter of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, more particularly described as follows: Beginning at a point which is One Hundred Ninety -five and Eighteen Hundredths (195.18) feet North and Eight Hundred Fifty -five and Fity -four Hundredths (855.54) feet Easterly of the center of said Section 33, said point being on the North line of Progress Drive; thence North Oo 19' 51" East a distance of Four Hundred Sixty -eight and Seventy -three Hundredths (468.73) feet to the South line of the St. Joseph County Airport; thence South 890 59' 38" East on and along the South line of said St. Joseph County Airport a distance of Four Hundred Thirty - nine and Ten Hundredths (439.10) feet; thence South Oo 18' 51" West a distance of Four Hundred Seventy and Sixty -five Hundredths (470.65) feet to the North line of Progress Drive; thence North 890 40' 09" West a distance of Four Hundred Thirty -nine and Seventy -one Hundredths (439.71) feet to the point of beginning. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2 -5; and WHEREAS, the Council held a public hearing for the purposes 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 Economic 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/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolutions at this time. Mark Pajakowski, president of Automatic Molded Plastics, indicated these resolutions were a reaffirmation of resolutions passed at the last meeting. Council Member Zakrzewski made a motion to adopt Resolution No. 1188 -84, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to nannt Resolution No. 1189 -84, seconded by Council Member Taylor. The resolution was 1 1 1 I- 1 IL � REGULAR MEETING RESOLUTION NO. 1190 -84 AUGUST 27, 1984 A RESOLUTION AUTHORIZING THE MEMORANDUM OF INTENT BETWEEN AND SOUTH BEND INDUSTRIAL A& BY SAID CITY OF ITS ECONOMIC TO THE PROVISIONS OF INDIANA CHAPTER 12, AS AMENDED. EXECUTION AND DELIVERY OF A THE CITY OF SOUTH BEND, INDIANA 50CIATES PROVIDING FOR THE ISSUANCE DEVELOPMENT REVENUE BONDS PURSUANT CODE, TITLE 36, ARTICLE 7, 135 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 71 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 and in furtherance thereof to induce South Bend Industrial Associates, an Indiana limited partnership (the "Borrower ") to finance the purchase of land and construction and equipping of improvements on real estate to be purchased by the Borrower (hereinafter collectively called the "Project ") within the limits of 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 the Project within the limits of the City 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 CommonCouncil 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 resolutions 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 its adoption. This inducement resoluton shall be in fullforce 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. Kevin Butler, attorney for the petitioners, indicated this inducement resolution was for a $1,700,000 bond issue to purchase land, construct and equip a facility to be located in the Airport Industrial Park. He indicated they anticipated 38 new jobs would be created. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Crone. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1191 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 330 EAST JEFFERSON BOULEVARD, SOUTH BEND, INDIANA, 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 330 E. Jefferson, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A part of Block 6 of the Plat of River Bend Addition, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at the intersection of the Northeastern boundary of Columbia street and the Eastern boundary of Western Avenue; thence along said Eastern boundary Northeasterly 114.31 feet along an arc to the left and having a radius of 424.47 feet and subtended by a long chord having a bearing of North 7020114" East and a length of 113.97 feet; thence North 0022'16" West 284.57 feet along said Eastern boundary; thence North 5026'02" East 117.19 feet along said Eastern boundary to the Southern boundary of Jefferson 136 REGULAR MEETING AUGUST 27, 1984 Boulevard; thence continuing along said Southern boundary Northeasterly 275.51 feet along an arc to the right and having a radius of 275.81 feet and subtended by a long chord having a bearing of North 53014153" East and a length of 264.20 feet; thence the next five courses along the Western boundary of Block 9 of said Plat: South 19047116" East 156.66 feet; thence South 25055132" East 90.64 feet; thence South 53010113" East 102.76 feet; thence South 26046129" East 232.03 feet; thence South 25039111" East 22.00 feet; thence South 70000100" West 217.00 feet; thence South 20000100 East 120.00 feet; thence South 46038'09" West 155.47 feet to the Eastern boundary of Columbia Street; thence along said eastern boundary Northwesterly 192.33 feet along an arc to the left having a radius of 421.97 feet and subtended by a long chord having a bearing of North 56027`21" West and a length of 191.16 feet; thence North 69032151" west 95.25 feet along said boundary to the Point of Beginning. be designated as,,an Economic Revitalization Area under the provisions of Indiana Code 611.1- 12.1 -1, et,seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared a�report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in question; and WHEREAS, the Human Resources and Economic Development Committee of the Common uncil has reviewed said report and recommended to the Common Council that the area alifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, iana, as follows: SECTION I. That the Common Council hereby accepts the report and recommendation the Human Resources and Economic Development Committee that the area herein described designated an Economic Revitalization Area and hereby adopts a Resolution designating is 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 tie adoption of the resolution to be published, said publication providing notice of tae 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. A public hearing was held on indicated this abatement was facility. He indicated this employ an additional 180 new redevelopment area. Council seconded by Council Member T, nine ayes. ION NO. 1192 -84 /s/ Beverlie J. Beck Member of the Common Council the resolution at this time. Ernest Szarwark, attorney, being requested in order to put an addition on the existing project will create 50 new permanent jobs and will eventually employees. He indicated the project is located within a Member Zakrzewski made a motion to adopt this resolution, aylor. The resolution was adopted by a roll call vote of A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 100 E. WAYNE 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 ktown as 100 E. Wayne, South Bend, Indiana, and which is more particularly described b a line drawn as follows: Lot Numbered; Seven (7) as shown on the recorded Plat of River Bend Addition, recorded May 41 1977 in the office of the Recorder of St. Joseph County, Indiana, in Plat Book "R ", page 31. be designated as an Economic Revitalization Area under the provisions of Indiana Code 61.1- 1'1.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6- 1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in question; and WHEREAS, the Human Resources and Economic Development Committee of the Common uncil has reviewed said report and recommended to the Common Council that the area $q s_ f] 1 1 1 137 REGULAR MEETING 59 AUGUST 27, 1984 qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of Real property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the 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. Is/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Daniel Kovas of the Holiday Corporation, indicated they planned to construct a 100,000 square feet of commercial office space. He indicated the project investment is estimated at $9,100,000. He indicated when complete the facility will generate 260 additional full time jobs. Council Member Braboy made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1193 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 706 -720 FELLOWS 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 706 -720 Fellows Street, South Bend, Indiana, and which is more particularly described by a line drawn as follows: `A parcel of land being lots Fifty -nine (59) through Sixty- four(64), inclusive, and lots Sixty -seven (67) through Seventy -two (72), inclusive, and the 14 foot wide alley lying immediately adjacent to said Lots, all in J. Rush's 4th Addition, South Bend, Indiana, nd being more particularly described as follows, viz: Beginning at the intersection of the South right -of -way line of Bronson Street (40.5 feet wide) with the West right -of -way line of Rush Stret (55 feet wide), said intersection being the Northeast corner of Lot Sixty -seven (67) in said J. Rush's 4th addition; thence South 0002136" East, along said West line of Rush Street, also being the East line of Lots 67, 68, 69, 70, 72, and 72 in said Addition, a measured distance of 239.84 feet to the Southeast corner of Lot Seventy -two (72) in said addition; thence North 89045'15" West, along the South line of said Lot Seventy -two (72), and said South line projected, and along the south line of Lot Sixty -four (64) in said Addition, a measured distance of 289.49 feet to the Southwest corner of said Lot Sixty -four (64); thence North 005141" West, along said Lot Sixty -four (64); thence North 0005141" West, along the East line of Fellows Street, also being the West line of Lots 64, 63, 62, 61, 60 and 59 in said Addition, a measured distance of 239.53 feet to the Northwest corner of said Lot Fifty -nine (59); thence South 89048'55" East, along the South line of said Bronson Street, a measured istance of 289.70 feet to the point of beginning. A parcel of land being a part of Rush's Fourth Addition to the City of South Bend, St. Joseph County, Indiana, as recorded in the Office of the Recorder of St. Joseph County, Indiana and being more particularly described as follows, viz: Beginning at the Northeast corner of Lot Sixty -seven (67) in said Rush's Forth Addition; thence South 0002136" East, along the West right -of -way line of that part of, now vacated, Rush Street, a distance of 239.10 feet; thence South 89048155" East, parallel ith the South right -of -way line of Bronson Street (formerly Canal Street), a distance of 27.50 feet to the centerline of Rush Street; thence North 0002136" West, along said centerline, a dstance of 239.10 feet to said South right -of -way line of Bronson Street; thence Nroth 89046'55" West, along said South right -of -way line, a distance of 27.50 feet to the place of beginning. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6- 1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in question; and e3. REGULAR MEETING AUGUST 27, 1984 WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of Real property tax abatement. SECTION 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/ Bevelrie J. Beck Member of the Common Council Member of the Common Council 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 adopotion of this resolution to be published, said publication providing notice of the 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. Kevin Butler, attorney, indicated they planned to construct an office and warehouse facility in the Monroe - Sample area. He indicated this could bring twenty -two new jobs into the Community, as well as retain six full -time jobs. 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. RESOLUTION NO. 1194 -84 A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE PRESIDENT OF THE BOARD OF PARK COMMISSIONERS TO SUBMIT A GRANT APPLICATION TO THE INDIANA DEPARTMENT OF NATURAL RESOURCES FOR LAND AND WATER CONSERVATION FUNDS. WHEREAS, Land and Water Conservation Funds are avilable through the Indiana Department:;of Natural Resources to be used to help finance land acquisition and park development through the State of Indiana and, WHEREAS, the South Bend, Indiana Board of Park Commissioners is planning to acquire and develop the abandoned railroad property running from Angela Street to approximately one thousand feet south of the North Shore Boulevard and property along the East Bank of the Saint Joseph River from the above mentioned point running south to connect with the East Race Way walkways and WHEREAS, said Board plans to develop the area into a trail system which would connect ._with other trail systems as identified in the River Bank Trail System master plan as prepared by the Department of Redevelopment. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, indiana as follows: SECTION I. The President of the Board of Park Commissioners has the authority to file a grant application with the Indiana Department of Natural Resources for Land and Water Conservation Funds which will be used to help purchase land and the development of a trail system as identified in the River Bank Trail System master plan. SECTION II. This resolution shall be in full force and effect after its passage 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. James Seitz, Superintendent of Parks, indicated they were requesting approval to submit a grant application to the Department of Natural Resources to participate in the Land and Water Conservation program. He indicated there was a need for a trail system throughout the urban area. He indicated they proposed trail would run south along Niles Avenue to Madison Street then west to the EastRace walkways. Council Member Serge made a motion to adopt this resolution, seconded by Council member Puzzello. The resolution was adopted by a I 1 1 1 1 3 9 REGULAR MEETING AUGUST 27, 1984 9 roll call vote of nine ayes. Council Member Taylor made a motion to suspend the rules and add a resolution to the agenda, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 1195 -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 "); and 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; WHEREAS, the South Bend Economic Development Commission has received an application from the Company for the issuance of City of South Bend Economic Develoment 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 land the proceeds of the bonds will be used to construct an approximate 35,600 square foot addition to the Company's professional building, located at 330 East Jefferson, South Bend, Indiana, resulting in the addition of approximately 50 new full -time jobs by the Company with an increase in their annual payroll of approximately One Million and no /100 Dollars ($1,000,000.00); and WHEREAS, it has been discovered by the Company that an additional amount is necessary for these purposes so that the total amount of Bonds required shall be Four Million Two Hundred Thousand and no /100 Dollars ($4,200,000.00). NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: 1. The project constitutes economic development facilities which shall be financed by the City through the issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately Four Million Two Hundred Thousand and no /100 Dollars ($4,200,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. The Company may proceed with acquisition and construction of the economic development facilities in reliance upon this resolution. 4. That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to 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. 5. Execution of a "Notice of Inducement" and a "Notice of Intent" under Indiana Executive Order No. 21 -84 for this project is hereby approved and authorized. 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 on the resolution at this time. Ernest Szarwark, attorney, indicated that Crowe, Chizek planned to construct a 35,600 square foot addition to their current facility. He indicated the project cost had risen from $3,500,000 to $4,200,000. He indicated this inducement would allow them to make commitments with respect to this larger purchase and acquisition amount. 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. 98 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST 14' EAST WEST ALLEY NORTH OF LINCOLN WAY WEST RUNNING EAST FROM SANCOME AVENUE EAST TO THE INTERSECTING NORTH - SOUTH ALLEY ABUTTING LOTS 39 AND 40 FOR A DISTANCE OF 134 j FEET, ALL BEING IN A. H. CUSHING'S ADDITION TO THE CITY OF SOUTH BEND. i t REGULAR MEETING AUGUST_271 1984 This bill had first reading. Council Member Voorde made a motion to set this bill it to the Zoning and for public hearing and second reading September 10, and refer by Council Member Zakrzewski. The motion carried. Vacation Committee, seconded UNFINISHED BUSINESS Reports from Area Plan Council Member Serge made a motion to set Bill No. 71 -84 for public hearing and second the Zoning and Vacation Committee, seconded by reading September 10 and refer it to Council Member Voorde. Council Member Serge made a motion to continue Bill No. 83 -84 and refer it to the Member Voorde. The motion carried. Human Resources Committee, seconded by Council 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 Puzzello. The motion carried and the meeting was adjourned at 9:25 p.m. ATTEST; APPROVED: City Clerk resident I `i