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HomeMy WebLinkAbout01-28-85 Council Meeting MinutesREGULAR MEETING JANUARY 28, 1985 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, January 28, 1985, at 7:00 s p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Serge, Braboy, Puzzello, Taylor, Zakrzewski, Crone, Paszek, 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 respectfully report that it has inspected the minutes of the January 14, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. Beverlie J. Beck Ann Puzzello Thomas Zakrzewski Council Member Serge made a motion that the minutes of the January 14, meeting of the Council be accepted and placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1251 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE BOARD OF DIRECTORS AT TRANSPO TO RECONSIDER THE LOCATION OF THEIR MAJOR BUS TERMINAL LOCATION IN DOWNTOWN SOUTH BEND, INDIANA. WHEREAS, for the past several years the location of a downtown terminal for TRANSPO has been debated; and WHEREAS, several site locations have been proposed; and WHEREAS, the Common Council believes that a centrally location terminal in the core of the downtown area of South Bend would best serve the needs of those using TRANSPO services; and WHEREAS, the Common Council believes that the needs of the users should be paramount in making a final decision for a new downtown location. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The South Bend Common Council recommends to the Board of Directors of TRANSPO to consider the benefits and needs of the riders in locating a downtown terminal in the core of the downtown area, rather than several blocks away. SECTION II. The Council believes that if bus drivers enclosures need to be constructed and maintained that those needs may be separate and distinct of the needs of the riders as far as location, and that the best interests of trying to serve the riders should not be minimized. SECTION III. The Council requests the City Clerk to send a copy of this resolution to the Board of Directors of TRANSPO, upon adoption. 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. Council Member Puzzello read the resolution. Several Council Members indicated they were receiving calls about the relocation of this terminal. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Voorde.) RESOLUTION NO. 1252 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING PAULETTE E. CWIDAK OF ADAMS HIGH SCHOOL FOR BEING SELECTED THE TEACHER -OF- THE -YEAR FOR THE STATE OF INDIANA. WHEREAS, the Common Council wishes to publicly commend Paulette E. Cwidak, for being selected the State Teacher -of- the -Year; and REGULAR MEETING JANUARY 281 1985 WHEREAS, in Paulette E. Swidak's sixteen (16) years of teaching English at Adams High School, she has developed several model and innovative programs in the high school curriculum; and WHEREAS, since 1982 she has served as department head at Adams High School, and under her leadership the department has received State recognition as being one of the thirty outstanding departments in Indiana; and WHEREAS, the Common Council is indeed proud of Paulette E. Cwidak who has spent her entire teaching career in the South Bend Community School Corporation and who has touched hundreds of students through her caring attitude and her weaving of "magic" in the classroom. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all the residents of the City of South Bend, Indiana, the Common Council hereby publicly commends PAULETTE E. CWIDAK, for being chosen Indiana Teacher of the Year. SECTION II. The Common Council further commends PAULETTE E. CWIDAK for her innovative teaching methods and her caring attitude which has touched and inspired hundreds of students in her sixteen (16) years of teaching at Adams High School. SECTION III. The Common Council wishes PAULETTE E. CWIDAK continued success in the years ahead. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council /s/ Eugenia Braboy Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council /s/ Ann B. Puzzello Member of the Common Council /s/ Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ Beverly D. Crone Member of the Common Council /s/ Al B. Paszek Member of the Common Council /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Beck read the resolution and presented it to Paulette Cwidak. Graig Hartzer, representing the mayor, presented Ms. Cwidak a key to the City. Council Member Serge 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 Braboy indicated that the Human Resources Committee had met on Bill No. 3 -85 and Resolution C and recommended them both favorable. Council Member Puzzello indicated that the Personnel and Finance Committe had met on Bill No. 2 -85 and recommended it favorable. Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill Nos. 130 -84 and recommended it favorable; 110 -84 and had no recommendation; 123 -84 and recommended it favorable; 131 -84 and had no recommendation; 146 -84 and recommended it favorable. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on January 28, at 7:15 p.m., with nine members present. Chairman Serge presiding. BILL NO. 130 -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) (SOUTH OF PROGRESS ON KNOBLOCK.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Magliozzi, from Area Plan, gave the staff report, which was favorable, subject to a final site plan REGULAR_ MEETING JANUARY 28, 1985 addressing the paving of Maplewood, the uncontrolled access to the truck docking area and the effective screening of the Knoblock frontage. Kenneth Fedder, attorney, made the presentation for the bill. He indicated the petitioners were seeking this rezoning from A residential to D -light Industrial, in order to construct a multi - tenant commercial type structure. He indicated the surrounding area was basically commercial. He indicated this project will create jobs in the construction stage as well as new permanent jobs for the community. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 110 -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) (LOCUST AND STATE ROAD 23) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Magliozzi, of Area Plan, gave their staff report. He indicated this received a favorable recommendation, however, the Commission had the following concerns: the need for a traffic signal; sidewalks at all four corners; control of truck traffic on Locust; inform the State Highway Department of dangerous characteristics of the intersection; re- evaluating the storm water run -off. Council Member Taylor made a motion to amend this bill by substitution on file with the City Clerk, seconded by Council Member Puzzello. The motion carried. James Groves, attorney, made the presentation for the bill. He indicated they planned to amend the site plan and remove the auto wash. He indicated this rezoning is for a convenience store. He indicated they were prepared to satisfy all points raised by Area Plan. He indicated there would be jobs created during the construction phase, as well as 5 to 7 permanent jobs. He indicated that the drainage problem would be taken care of by dry wells. John Moellering, 4831 York Road; Bill Dobslaw, 3733 Locust; Elmer Brooke, 20972 W. Roosevelt; Mike Dobson, 2249 Inglewood, spoke in favor of this rezoning. John Hamilton, 3429 Locust, spoke against this rezoning. Scott Bourden, 2731 Locust, gave a slide presentation of the area. Mary Ann Chapo, 2910 Locust; Susan Hamilton, 3429 Locust, spoke agains this rezoning. John Leszczynski, City Engineer, indicated that a traffic light would be installed at this intersection this spring. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion failed on a roll call vote of four ayes and five nays (Council Members Braboy, Puzzello, Zakrzewski, Crone and Voorde.) BILL NO. 123 -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) (3201 E. MISHAWAKA AVE.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Magliozzi, of Area Plan,gave the staff report, which was favorable, subject to the resolution of the screening requirement, through the Board of Zoning Appeals, for the rear of the property. 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. Ralph Stoner, 617 W. Washington, made the presentation for the bill. He indicated this rezoning would be for a professional office for the purpose of the private practice of Audiology and Speech Pathology. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Voorde. The motion carried. Council Member Taylor made a motion to recess, seconded by Council Member Beck. The motion carried and the meeting was recessed at 8:40 p.m. and reconvened at 8:55 p.m. BILL NO. 131 -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) (SOUTHEAST CORNER OF SHERIDAN AND LINCOLN WAY WEST.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Magliozzi, of Area Plan, gave the staff report, which was unfavorable. Council Member Voorde made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Taylor. The motion carried. Tony Zappia, attorney for the petitioners, made the presentation for the bill. He indicated this property had been vacant for twelve years. He indicated that Budget Rent a Car planned to relocate to this site. He indicated they planned to amend the site plan, eliminating any access from Lincoln Way West, not use the southern most 125' of the property, put up a fence and shrubbery, and the Sheridan access would not be located directly across from Elwood. He presented a petition with 45 signatures from businessmen in the area requesting this rezoning. Kevin Weinberg, president of the Lincoln Way West Businessmen's Association, spoke in favor of this rezoning. Albert Hoover, 1325 N. Sheridan; Florence DeMercurio, 3911 St. John's Way; Marie Janowiak, 3821 St. John's Way; Carol Showalter, 1216 N. Sheridan; Gerald Allsop, 3811 St. John's Way; and Phil Hanson, 1315 N. Sheridan, spoke against this rezoning. Council Member Braboy made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Beck. The motion carried on a roll call vote of six ayes and three nays (Council Members Serge, Crone and Paszek.) REGULAR MEETING BILL NO. 146 -84 JANUARY 28, 1985 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY; THE FIRST NORTH -SOUTH ALLEY EAST OF EDDY STREET RUNNING NORTH AND THEN NORTHEASTERLY FROM CORBY STREET TO A LINE WHICH IS PARALLEL TO THE 16' WEST OF THE EAST LINE OF LOT 7 IN BERGAN'S REPLAT OF LOTS NUMBERED TWO (2) THREE (3) AND FOUR (4) OF M. E. LISTENBERGER'S FIRST ADDITION TO THE CITY OF SOUTH BEND, FOR A DISTANCE OF 140.4 FEET MORE OR LESS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Wyatt Mick, attorney for the petitioner, made the presentation for the bill. He indicated that the petitioner planned to add additional parking and ultimately an addition to the service station building. Council Member Voorde made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Mr. Mick indicated that the neighbors in the area were in favor of this vacation. 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. 138 -84 A BILL AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY DELETING ARTICLE 16, ENTITLED FAIR CAMPAIGN PRACTICES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Richard Hill, City Attorney, made the presentation for the bill. He indicated this bill delete the fair campaign practices section of the code. He indicated State statute prohibits the City from enacting ordinances which regulate conduct which a state agency regulates. He indicated that the Attorney General's opinion determined that all election ordinances enacted by cities have no statutory authority and are therefore void. Stephen Dendall, attorney, asked the Council to table this bill. Norman Primas, 1833 Campeau, spoke against this bill. Council Member Crone made a motion to continue this bill indefinitely, seconded by Council Member Zakrzewski. The motion failed on a roll call vote of four ayes and five nays (Council Members Serge, Braboy, Puzzello, Paszek and Beck.) Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried on a roll call vote of five ayes and four nays (Council Members Taylor, Zakrzewski, Crone and Voorde.) BILL NO. 144 -84 A BILL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 4, ARTICLE 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF NEW SECTION 4 -23 ENTITLED FERTILIZER MANUFACTURERS. Council Member Beck made a motion to continue public hearing on this bill to February 11, seconded by Council Member Taylor. The motion carried. BILL NO. 1 -85 A BILL TRANSFERRING $8,600.00 AMONG 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. She indicated this would transfer Jobs Bill funds to the Youth Service Bureau Rehabilitation account. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. BILL NO. 2 -85 A BILL APPROPRIATING $20,000.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR DETAILED ARCHITECTURAL PLANS FOR REMODELING PORTIONS OF THE PALAIS ROYALE TO UPGRADE SERVICES AT THE MORRIS CIVIC AUDITORIUM. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Thomas Brubaker, President of the Century Center Board of Managers, made the presentation for the bill. He indicated this appropriation was necessary if they were to be successful in acquiring private monies for the renovation of the Palais Royale and the Morris Civic Auditorium. He indicated they planned to improve restrooms for the handicapped, and have a more secure box office and lobby. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 3 -85 A BILL AMENDING CHAPTER 2, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED TAX ABATEMENT PROCEDURES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Eugenia Schwartz, Assistant City Attorney, made the presentation for the bill. She indicated this bill establishes three eligible standards of which a tax abatement must meet at least one standard. She indicated the bill also establishes information that is requested from the petitioner both on the abatement form and in the annual report; such as, taxes actually paid, taxes anticipated to be paid, minority employment, and an estimate of taxes that will be abated. Council Member Braboy made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. REGULAR MEETING_. JANUARY 28, 1985 Y '6 There being no further business to come before the Committee of the Whole, Council Member Beck, made a motion to rise and report to the Council and recess, seconded by Council Member Taylor. The motion carried and the meeting was recessed at 10:30 p.m. ATTEST: ATTEST: E F Clerk Chairman 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 10:40 Council President Beck presiding and nine members present. P BILLS, SECOND READING ORDINANCE NO. 7421 -85 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS E AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTH OF PROGRESS ON KNOBLOCK.) This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. BILL NO. 110 -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) (LOCUST AND STATE ROAD 23) This bill had second reading. Council Member Puzzello made a motion to amend this bill, as amended, in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Puzzello made a motion to defeat the bill, as amended, seconded by Council Member Zakrzewski. The bill defeated by a roll call vote of six ayes and three nays (Council Members Taylor, Paszek and Beck.) ORDINANCE NO. 742-4-85 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (3201 E. MISHAWAKA AVE.) This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended, in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7423 -85 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTHEAST CORNER OF SHERIDAN AND LINCOLN WAY 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 Zakrzewski. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of seven ayes and two nays (Council Members Crone and Voorde.) ORDINANCE NO. 7124 -85 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY; THE FIRST NORTH -SOUTH ALLEY EAST OF EDDY STREET RUNNING NORTH AND THEN NORTHEASTERLY FROM CORBY STREET TO A LINE WHICH IS PARALLEL TO THE 16' WEST OF THE EAST LINE OF LOT 7 IN BERGAN'S REPLAT OF LOTS NUMBERED TWO (2) THREE (3) AND FOUR (4) OF M. E. LISTENBERGER'S FIRST ADDITION TO THE CITY OF SOUTH BEND, FOR A DISTANCE OF 140.4 FEET MORE OR LESS. This bill had second reading. Council Member Voorde made a motion to amend this bill, as amended, in the Committee of the Whole, seconded by Council Member Crone. The motion carried. Council Member Voorde made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7!f25-85 AN ORDINANCE AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY DELETING ARTICLE 16, ENTITLED FAIR CAMPAIGN PRACTICES. REGULAR MEETING JANUARY 28, 1985 This bill had second reading. Council Member Crone made a motion to defeat this bill, seconded by Council Member Zakrzewski. The motion carried failed on a roll call vote of four ayes and five nays (Council Members Serge, Braboy, Puzzello, Paszek and Beck.) The Council Attorney called a point of order, that no vote had been taken to pass this bill. Council Member Puzzello made a motion to pass the bill, seconded by Council Member Braboy. The bill passed by a roll call vote of five ayes and four nays (Council Members Taylor, Zakrzewski, Crone and Voorde.) ORDINANCE NO. 7426 -85 AN ORDINANCE TRANSFERRING $8,600.00 AMONG ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Serge made a motion seconded by Council Member Taylor. The bill passed by a roll call ayes. ORDINANCE NO. 7427 -85 to pass this bill, vote of nine AN ORDINANCE APPROPRIATING $20,000.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR DETAILED ARCHITECTURAL PLANS FOR REMODELING PORTIONS OF THE PALAIS ROYALE TO UPGRADE SERVICES AT THE MORRIS CIVIC AUDITORIUM. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7428 -85 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED TAX ABATEMENT PROCEDURES. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1253 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 3107 NORTH KENMORE 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 purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3107 North Kenmore and more particularly described by a line drawn as follows: A part of the NE 1/4 of Section 28, Township 38 North, Range 2 East, City of. South Bend, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of the NE 1/4 of said section; thence South 89058156" West along the south line of said quarter section a distance of 1150.09 feet; thence north 0000123" East along the centerline of Kenmore Street a distance of 1011.00 feet; thence North 89059137" West a distance of 40.00 feet to the west boundary of said Kenmore Street and the point of beginning;.thence South 45000123" West a distance of 14.14 feet to the North boundary of Gagnon Street; thence North 89059137" West a distance of 320.00 feet along said north boundary; thence North 0000117" East a distance of 326.61 feet to said west boundary of Kenmore Street; thence Southerly along said west boundary a distance of 112.63 feet along an arc to the right having a radius of 1869.86 feet and subtended by a long chord having a bearing of South 1043'11" East a distance of 112.61 feet; thence South 0000123" West a distance of 241.03 feet along said west boundary to the point of beginning and containing 1.748 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- 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: REGULAR MEETING JANUARY 28, 1985 q 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 A public hearing was held on the resolution at this time. Larry Deskovich, a representative of Automatic Molded Plastics, indicated they planned to expand their operation in South Bend, and bring their Goshen operation into South Bend. He indicated that fifty new jobs will be created. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. Council Member Voorde made a motion to combine public hearing on Resolution B and C, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 1254 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS THE SOUTHEAST CORNER OF MAIN AND WASHINGTON STREETS 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 purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as the southeast corner of Main and Washington streets and more particularly described by a line drawn as follows: Lots Numbered Thirty -five (35) and Thirty -six (36) as shown on the recorded Original Plat of the Town, now City of South Bend, St. Joseph County, Indiana, except a strip of land 21 feet in width East and West, taken off of and from the entire East end of said lots, more particularly described as follows: North on and along the West line of Lots 35 and 36, a distance of 132.45 feet to the Northwest corner of Lot 36; thence East on and along the North line of Lot 36 a distance of 144.73 feet to a point that is 21.0 feet West of the Northeast corner of said Lot 36; thence South a distance of 132.45 feet to a point of the South line of said Lot 35, that\is 21.0 feet West of the Southeast corner of Lot 35; thence West on and along the South line of said Lot 35 a distance of 144.73 feet to the point of beginning. A part of the 14 foot wide alley that is known as Rasmussen Court and the Eastern 21 feet of Lots Numbered Thirty -five (35) and Thirty -six (36) of the Original Plat of the Town (now City) of South Bend, St. Joseph County, Indiana, more particularly described as follows; beginning at the Northwest corner of Lot 25 of the Original Plat of the Town (now City) of South Bend, St. Joseph County, Indiana; thence South a distance of 132.45 feet along the East line of said alley to the Southwest corner of Lot 26;thence West a distance of 35.0 feet along the prolongation of the South line of Lot 26; thence North a distance of 132.45 feet and parallel to the West line of the alley; thence East a distance of 35.0 feet along the prolongation of the North line of Lot 36 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 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. REGULAR MEETING JANUARY 28, 1985 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. RESOLUTION NO. 1255 -85 /s/ Beverlie J. Beck Member of the Common Council A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS THE SOUTHWEST CORNER OF MICHIGAN AND WASHINGTON STREETS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as The Southwest corner of Michigan and Washington Streets, South Bend, Indiana, and which is more particularly described by a line drawn as follows: All of lots 25 and 26 and the North 28 feet of lot 27 of the original plat of the Town (now City) of South Bend, St. Joseph County, more particularly described as follows: Beginning at the northeast corner of said Lot 25; thence South a distance of 160.20 feet along the west boundary of Michigan Street; thence West a distance of 165.88 feet along a line parallel to a point on the west line of said Lot 27; thence North a distance of 160.20 feet along the west lines of Lots 27, 26 and 25; thence East a distance of 165.88 feet along the north line of Lot 25 to the point of beginning, containing 26,574 square feet (0.61 acres), more or less. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6- 1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in questions; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION II. That this designation shall be limited to 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. Richard Morgan, attorney, indicated that Teacher's Credit Union intended to build its headquarters on this parcel of land. He indicated the project will create 140 new permanent jobs, and will maintain 75 existing jobs. Council Member Zakrzewski made a motion to adopt Resolution No. 1254 -85, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 1255 -85, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 5 -85 A BILL ANNEXING AND BRINGING WITHIN THE BOUNDARIES OF THE CITY OF SOUTH BEND, INDIANA, CERTAIN REAL ESTATE LOCATED WITHIN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. REGULAR MEETING JANUARY 28, 1985 rS This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing February 11„ seconded by Council Member Zakrzewski. The motion carried. BILL NO. 6 -85 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) (1117 AND 1121 E. CORBY.) This bill had first reading. Council Member Serge made a motion to refer this bill to Area Plan, seconded by Council Member Puzzello. The motion carried. UNFINISHED BUSINESS Reports from Area Plan Bill No. 143 -84 - South side of Ireland between Fellows and High Bill No. 145 -84 - Rezone southeast corner of Portage and the Toll Road Council Member Taylor made a motion to set these bills for public hearing and second reading February 11, seconded by Council Member Zakrzewski. The motion carried. NEW BUSINESS Council Member Crone made a motion that the Council Attorney draw up a resolution encompassing the language that was deleted in the Fair Campaign ordinance, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of seven ayes and two nays (Council Members Puzzello and Beck.) PRIVILEGE OF THE FLOOR John Swanson, 2722 S. Olive, spoke to the Council on minority hiring practices. There being no further business to come before the Council, unfinished or new, Council Member Serge made a motion to adjourn, seconded by Council Member Crone. The motion carried and the meeting was adjourned at 11.07 p.m. ATTEST: APPROVED: 7 Ci y Clerk President