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HomeMy WebLinkAbout07-22-85 Council Meeting MinutesREGULAR MEETING JULY 22, 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, July 22, at 7:00 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 July 8, 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 Puzzello made a motion that the minutes of the July 8, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Mark Donahoe, 23555 Brick Rd., of Local 153 Electrical Workers Union, asked for support for Coveleski Stadium. RESOLUTION NO. 1310 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONGRATULATING THE WASHINGTON HIGH SCHOOL PANTHERS BASEBALL TEAM AND THEIR COACH RICK THOMASZEWSKI FOR A GREAT SEASON AT 34 WINS AND 7 LOSSES. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes with pride the entire Washington High School Baseball Team and its Coach Rick Thomaszewski and his staff for their great season this year; and WHEREAS, just one (1) year ago South Bend Washington had a 9 win -- 22 loss record, and this year rebounded to a 34 win - 7 loss record; and WHEREAS, this year, the Washington Panthers are second (2nd) in the State of Indiana and showed their fighting spirit throughout the season and especially in the championship game of the 19th Annual State Tournament; and WHEREAS, the City Council is proud of the Washington Panthers, Coach Rick Thomaszewski, and his coaching staff for capturing the Northern Indiana Conference Co- Championship and for the team spirit they showed on and off the field in all of their thrilling games in the sectional, regional, semi -State and State finals. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly congratulates the Washington High School Panthers Baseball Team, Coach Rick Tomaszewski, and the entire Coaching Staff for their great season this year. SECTION II. The Council believes that the team spirit and enthusiasm shown by the Panthers, both on and off the field, in their 34 win and 7 loss record is a fine example of the many talents of the youth of our community. SECTION III. The Council wishes the Panthers continued success and hopes tht they capture the State Title in the 20th Annual State Tournament in 1986. 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 /s/ Ann B. Puzzello Member of the Common Council Member of the Common Council /s/ Eugenia Braboy Robert G. Taylor Member of the Common Council Member of the Common Council /s/ Beverlie J. Beck /s/ Thomas Zakrzewski Member of the Common Council Member of the Common Council /s/ Beverly D. Crone REGULAR MEETING JULY 22, 1985 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 Zakrzewski read the resolution and presented it to the assistant coach Huddleston and the team members. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Serge. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 1311 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE COUNCIL FOR THE RETARDED OF ST. JOSEPH COUNTY AND ITS MANY SUPPORTERS FOR ITS THIRTY -FIVE (35) YEARS OF SERVICE TO THE COMMUNITY. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that the Council for the retarded of St. Joseph County was founded in 1950; and WHEREAS, upon its creation it had a budget of $24.00 and 29 members, and has grown today to have a budget which exceeds three million dollars and has more than 300 members; and WHEREAS, the Common Council wishes to publicly commend the "founding fathers" of this organization for their foresight and in particular its past Presidents who include: Joseph Newman of Indianapolis, Joseph Doyle of Tampa, Florida, and Marian Waxman. WHEREAS, the City Council believes that such vital programs such as the creation of the National Center for the Law and the Handicapped, the Special Olympics Program, the Protective Services Board; Logan Industries, and residential programs are all fine examples of providing innovative and positive assistance to the needs of the handicapped and their families. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of the citizens of South Bend, Indiana, the Common Council wishes to publicly commend the Council for the Retarded of St. Joseph Council for its 35 years of service to the community. SECTION II. The Council applauds the work of the Staff and the hundreds of members and volunteers who work so hard in promoting the vital programs offered by the Council for the Retarded and for caring for the persons which it serves. SECTION III. The Council wishes the Council for the Retarded of St. Joseph County continued success for at least another 35 years into the future. 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 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 asked that it be sent to the Council for the Retarded. 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 nine ayes. RESOLUTION NO. 1312 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING BILL FOSTER FOR HIS MANY ACHIEVEMENTS AS A PROFESSIONAL NEWSCASTER FOR CHANNEL 22 AND WISHING HIM THE BEST OF LUCK IN INDIANAPOLIS. WHEREAS, the Common Council of the City of South Bend, Indiana, notes with pride the years that Bill Foster has served as a newscaster with WSBT; and REGULAR MEETING _ JULY 22, 1985 WHEREAS, the Council recognizes that he has been a true professional in reporting the news throughout Michiana; and WHEREAS, the unbiased and in depth reporting done by Bill Foster set a bench mark for many other newscasters to follow. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL of the City of South Bend, Indiana, as follows: SECTION I. On behalf of the citizens of South Bend, Indiana, the Common Council hereby publicly commends Bill Foster for his many contributions made to our community over the past several years and especially for his professional and caring attitude in reporting the news. SECTION II. The Common Council wishes Bill continued happiness and success as he moves to Indianapolis to be with Channel 13 WTHR, an NBC affiliate. SECTION III. The Council wishes Bill and his entire family rich and memorable years ahead and hopes that they will return to South Bend often. SECTION IV. 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/ Ann B. Puzzello Member of the Common Council Member of the Common Council /s/ Eugenia Braboy Robert G. Taylor Member of the Common Council Member of the Common Council /s/ Beverlie J. Beck /s/ Thomas Zakrzewski Member of the Common Council 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 Bill Foster, who thanked the Council. Council Member Serge made a motion to adopt the resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. REPORTS Council Member Puzzello indicated that the Personnel and Finance Committee will meet August 6, 7, 8, and 9th for budget hearings. Council Member Braboy indicated that the Human Resources Committee had met on Bill No. 85 -85 and tax abatement for 3300 W. Sample, and recommended them both favorable. Council Member Taylor indicated that the Public Safety Committee had met on Bill No. 56 -85, regarding animal control, and they will meet again on August 5. Council Member Serge indicated that Park Committee had met on Bill nos. 78, 84 -85 and gave a favorable recommendation. Council Member Serge indicated that the Utilities Committee had met on Bill No. 86 -85 and it received a favorable recommendation. Council Member Voorde indicated that the Zoning and Vacation Committee had met on bill nos. 48, 80, 81 and 82 -85 and gave a favorable recommendation. Council Member Taylor made a motion to have the August meetings on the 5th, 19th and 26th, seconded by Council Member Zakrzewski. The motion carried. Council President Beck announced the appointment of James Beck to the Mayor's Traffic Commission. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on July 22, at 7:24 p.m., with nine members present. Chairman Serge presiding. BILL NO 74 -85 I A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BOND, SERIES 1985 (DATA -LINK SYSTEMS, INC. PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION DOLLARS ($1,000,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. REGULAR MEETING JULY 22, 1985 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Richard Bonewitz, attorney for the petitioner, made the presentation for the bill. He indicated that Data Link planned to expand their facilities and equipment. He indicated that thirty new jobs will be created immediately with an increase to one hundred in the future. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 48 -85 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3308 E. JEFFERSON BLVD., IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski made a motion that the Council rules on time be put in effect, seconded by Council Member Puzzello. The motion carried on a roll call vote of six ayes and three nays (Council Members Beck, Braboy and Voorde.) James Cook, the developer, showed a new site plans which contained one story 36 units. Mrs. Ralph Przestwor, 3226 E. Jefferson, spoke in favor of this rezoning. Lewis Mundell, 127 S. 34th, spoke against this rezoning. He indicated he represented 173 remonstrators, who signed a petition against this zoning. Betty Howard, 3315 E. Jefferson and Henry Waelbroeck, 304 E. 34th, spoke against this zoning. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried on a roll call vote of eight ayes and one nay (Council Member Beck.) BILL NO. 56 -85 A BILL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 5 OF MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS ANIMALS & FOWL. Council Member Taylor made a motion to set this bill for public hearing on August 19, seconded by Council Member Beck. The motion carried. BILL NO. 78 -85 A BILL ESTABLISHING A NONREVERTING "STANLEY COVELESKI STADIUM PARK FUND." Council Member Beck made a motion to have public hearing on this bill, with Bill nos. 84 and 85 -85, seconded by Council Member Braboy. The motion carried. Council Member Beck made a motion to combine public hearing on Bill Nos. 80, 81, 83 and 83 -85, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 80 -85 A BILL AMENDING AND SUPPLEMENTING ARTICLE 8, SUBDIVISIONS, OF CHAPTER 21, OF THE SOUTH BEND MUNICIPAL CODE, AS AMENDED, BY MODIFYING PROVISIONS RELATIVE TO FLOODPLAIN REGULATIONS AS PRESCRIBED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. BILL NO. 81 -85 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, AS AMENDED, BY MODIFYING PROVISIONS RELATIVE TO FLOODPLAIN REGULATIONS AS PRESCRIBED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. BILL NO. 82 -85 A BILL AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 17, ENTITLED SEWERS AND WATER, TO ADD A NEW ARTICLE 8, ENTITLED FLOOD HAZARD AREA STANDARDS. BILL NO. 83 -85 A BILL AMENDING THE SOUTH BEND MUNICIPAL CODE CHAPTER 6, ARTICLE 9, ENTITLED FLOOD PLAIN CODE. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Duane Borrow, of Area Plan, made the presentation for the bills. He indicated that certain provisions of the Municipal Code must be modified to establish compliance with the regulatory requirements of the National Food Insurance Program. He indicated it was in the public interest for the City to continue participation in this program. Council Member Taylor made a motion to recommend Bill No. 80 -85 to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to recommend Bill No. 81 -85 to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to recommend Bill No. 82 -85 to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to recommend Bill No. 83 -85 to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to combine public hearing on bill nos. 78, 84 and 85 -85, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 78 -85 A BILL ESTABLISHING A NONREVERTING "STANLEY COVELESKI STADIUM PARK FUND." BILL NO. 84 -85 A BILL APPROPRIATING $250,000 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE STANLEY COVELESKI BASEBALL STADIUM TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE OF THE CITY OF SOUTH BEND, INDIANA. REGULAR,MEETING . 9 9 JULY 22, 1985 BILL NO. 85 -85 A BILL TRANSFERRING $250,000.00 AMONG VARIOUS 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. Mayor Roger Parent made the presentation for the bill. He indicated it was necessary to spend money up -front to make a project viable. He indicated he felt this stadium would be good for the City. He indicated it would regenerate and renovate the southwest side of South Bend. He indicated the stadium would create jobs and additional income for the community. He indicated the pro team would use the stadium 25% of the time, and it could be used for high school tournaments, soccer, etc. He indicated there would be no increase in property taxes, because the City has some bonds that are being retired. David Roos, Administratuve Assistant for Neighborhoods, gave a slide presentation. Jon Hunt, Director of Redevelopment, indicated a stadium would be a business attraction. He indicated this type of facility will help sell the community. Ron Mareno, 56340 Miller Ave., Mishawaka, President of the Michiana Baseball Association; Jeff Reece, 1518 Brookfield; Robert Csenar, 904 Elmer; Mark Krowski, 1227 Congress; Adline Waslicki, 727 S. Illinois, President of the Western Avenue Business Council; Charles Rhoades, 625 S. Clearview, Vice Chairman of the Older Adults Council; Issac Jackson, 1318 Howard; Eugene Phillips, 509 Perry; Joseph Kernan, 114 E. Pokagon; Jimmy Lewis, 2907 Nursery Ct; Ron Burns, 2735 Tomahawk Trail; Roman Piasecki, 2419 Bonds; Joseph Baldoni, 1226 E. Wayne; Joe Derda, 440 S. Dundee; Rocco Ameduri, 612 Peashway; Renelda Robinson, 737 N. Frances; spoke in favor of these bills and the stadium. Terry Miller, 1230 E. Wayne South, indicated that the citizens of South Bend were being asked to pay for 80% of this stadium and it will benefit the entire area. Ralph Johnson, 734 N. Cushing; Joe Guenert, 3510 Corby; Kenneth Donnlly, 2605 Frederickson, spoke against these bills. Steven Luecke, 810 Leland, CAC Chairman, indicated they voted against the CD appropriation because they felt more information was needed. Council Member Taylor made a motion to recommend Bill No. 78 -85 to the Council favorable, seconded by Council Member Beck. The motion carried on a roll call vote of nine ayes. Council Member Taylor made a motion to recommend Bill No. 84 -85 to the Council favorable, seconded by Council Member Beck. The motion carried on a roll call vote of seven ayes and two nays (Council Members Crone and Voorde.) Council Member Taylor made a motion to recommend Bill No. 85 -85 to the Council favorable, seconded by Council Member Beck. The motion carried on a roll call vote of seven ayes and two nays. Council Member Taylor made a motion to recess, seconded by Council Member Beck. The motion carried and the meeting was recessed at 10:35 p.m., and reconvened at 10:45 p.m. BILL NO. 86 -85 A BILL APPROPRIATING FUNDS FROM THE SEWAGE WORKS DEPRECIATION FUND FOR EQUIPMENT PURCHASE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation should be reduced to $390,000.00. Council Member Zakrzewski made a motion to reduce the appropriation to $390,000, seconded by Council Member Taylor. The motion carried. John Leszczynski indicated this money would be used to purchase eight high compaction vehicles. He indicated payments would begin upon delivery and acceptance of the equipment by the Bureau of Sanitation. Joseph Guertert, 3510 Corby, spoke against 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. There being no further business to come before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Beck. The motion carried. ATTEST: ATTEST: City 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 10:55 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7490 -85 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BOND, SERIES 1985 (DATA -LINK SYSTEMS, INC. PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION DOLLARS ($1,000,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. t C REGULAR MEETING JULY 22, 1985 ORDINANCE NO. 7491 -85 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3308 E. JEFFERSON BLVD., IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of eight ayes and one nay (Council Member Beck.) ORDINANCE NO. 7492 -85 AN ORDINANCE ESTABLISHING A NONREVERTING "STANLEY COVELESKI STADIUM PARK FUND." This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7493 -85 AN ORDINANCE AMENDING AND SUPPLEMENTING ARTICLE 8, SUBDIVISIONS, OF CHAPTER 21, OF THE SOUTH BEND MUNICIPAL CODE, AS AMENDED, BY MODIFYING PROVISIONS RELATIVE TO FLOODPLAIN REGULATIONS AS PRESCRIBED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. This bill had second reading. Council Member Puzzello 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. 7494 -85 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, AS AMENDED, BY MODIFYING PROVISIONS RELATIVE TO FLOODPLAIN REGULATIONS AS PRESCRIBED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. This bill had second reading. Council Member Braboy 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. 7495 -85 AN ORDINANCE AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 17, ENTITLED SEWERS AND WATER, TO ADD A NEW ARTICLE 8, ENTITLED FLOOD HAZARD AREA STANDARDS. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7496 -85 AN ORDINANCE AMENDING THE SOUTH BEND MUNICIPAL CODE CHAPTER 6, ARTICLE 9, ENTITLED FLOOD PLAIN CODE. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7497 -85 AN ORDINANCE APPROPRIATING $250,000 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE STANLEY COVELESKI BASEBALL STADIUM TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of seven ayes and two nays (Council Members Crone and Voorde.) ORDINANCE NO. 7498 -85 AN ORDINANCE TRANSFERRING $250,000.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of seven ayes and two nays (Council Members Crone and Voorde.) ORDINANCE NO. 7499 -85 AN ORDINANCE APPROPRIATING FUNDS FROM THE SEWAGE WORKS DEPRECIATION FUND FOR EQUIPMENT PURCHASE. 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. RESOLUTIONS RESOLUTION NO. 1313 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 475 N. NILES AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. REGULAR MEETING_ . JULY 22, 1985 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 475 Niles Avenue and more particularly described by a line drawn as follows: 251 feet of the East end, except 60 feet of the North side of Lot 3 and 251 feet of the East end of Lot 4 and 251 feet of the East end and one -half of the vacated alley 6 feet wide on the East side of Lot 12 and Lots 13, 14, 15, 16 and the vacated alley between Cottrell's Second Addition 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. 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. T. Brooks Brademas, indicated they planned to renovate the Old South Bend Lathe Works into a major residential, commercial and office complex. He indicated that over a period of several years several new jobs will be created as well as retaining a number of existing jobs. Council Member Zakrzewski made a motion to adopt the resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1314 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1604 RUPEL STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF (REAL OR 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 purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1604 Rupel Street and more particularly described by a line drawn as follows: Lots 50, 51, 52, 53, 54, 55, 56, 57, 65, 66 and 67 Kaufman Place 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 JULY 22, 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. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Thomas Brunner, attorney, indicated LLD Realty will lease the property to Rensberger Oil. The site will be used as a bulk storage facility for petroleum products. He indicated nine additional employees will be hired. 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. 1315 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 3300 WEST SAMPLE 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 3300 West Sample Street, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Parcel I: A tract of land in the Northeast Quarter of the Northeast Quarter of Section 16, Township 37 North, Range 2 East, bounded by a line running as follows, viz: Beginning at a point 338 feet East of the Northwest Corner of the Northeast Quarter of the Northeast quarter of said Section 16; thence running East along the North line of said Section 16 a distance of 657.7 feet; thence South 900.6 feet; thence West 657.1 feet; thence North 900.6 feet to the place of beginning. Subject also to a right of way of the New Jersey, Indiana & Illinois Railroad Company, as conveyed to it by Warranty Deed dated February 11, 1930, recorded in Deed Record 227, page 293 in the County Recorder's Office of St. Joseph County. Parcel II: A certain tract of land in Belleville Industrial District, in Section 16, Township 37 North, Range 2 East, described as follows: Beginning at the intersection of the center line of the New Jersey, Indiana & Illinois Railroad Spur and the North line of proposed Industrial Avenue, said intersecting point being 900.6 feet South and 1329.87 feet East of the Northwest corner of the Northeast Quarter of Section 16, Township 37 North, Range 2 East; thence East along the North line proposed Industrial Avenue if extended East 664.5 feet; thence South parallel with the West line of the Northeast Quarter of said Section 16, 311.5 feet to the center line of said New Jersey, Indiana & Illinois Railroad Company's spur line running in a southwesterly and northwesterly direction; thence Southwesterly and Northwesterly along the centerline of said spur line 1098.5 feet to the place of beginning, excepting therefrom all railroad right -of -ways within said tract; and also excepting therefrom a tract of land described as beginning at a point 9 feet East of and 900.6 feet South of the Northwest corner of the Northeast Quarter of the Northeast Quarter of Section 16, Township and Range aforesaid; Thence running east parallel with and 90.6 feet South of the North line of said Section 16 a distance of 329 feet; thence South parallel with and 338 feet East of the West line of the Northeast Quarter of the Northeast Quarter of said Section 16, a distance of 38 feet; thence West parallel with and 938.6 feet South of the North line of said Section 16 a distance 329 feet; thence North parallel with and 9 feet East of the West line of the Northeast Quarter of the Northeast Quarter of said Section 16 a distance of 38 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 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. REGULAR MEETING JULY 22, 1985 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. Frank Perri, a representative of The Holladay Corporation, indicated this property is in a condition of extreme disrepair, and the cost to rehabilitate will be substantial. He indicated when fully leased, the facility is expected to provide approximately 200 permanent, full -time jobs. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Braboy. The resolution was adopted by roll call vote of nine ayes. RESOLUTION NO. 1316 -85 a A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN URBAN DEVELOPMENT ACTION GRANT (UDAG) APPLICATION TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of South Bend is dedicated to pursuing economic development through promoting growth of businesses which stimulate the local economy and thereby benefit the people of South Bend as a whole; and WHEREAS, the Griffith Laboratories project will benefit the local economy, specifically by creating new manufacturing jobs and new construction jobs, by generating new taxes on real and personal property, by utilizing vacant land, and by contributing to the construction of a new building and infrastructure development in the South Bend community; and WHEREAS, the location of Griffith Laboratories, an export industry, into the South Bend area fits into our overall development concept as it will contribute to the restoration and diversification of our industrial base, as well as serve to encourage related industrial developments; and WHEREAS, the receipt of an Urban Development Action Grant would make the proposed development financially feasible as it will allow Griffith Laboratories to exceed the limit on capital expenditures imposed by industrial revenue bond financing, an essential ingredient to financing this project. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Hereby establishes the authority of the Mayor of the City of South Bend to submit under Title I of the Housing and Community Development Act of 1977, an Urban Development Action Grant Application to the United States Department of Housing and Urban Development for an industrial project to be constructed by Griffith Laboratories. SECTION II. This Resolution shall be in full force and effect immediately upon passage by the Common Council of the City of South Bend, Indiana, 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. Loren Rooney, from the Department of Economic Development, indicated that in order for this facility to be built in South Bend a UDAG was required. Howard Bessire, from the Industrial Foundation, spoke in favor of this resolution. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, $ffieeND READING BILL NO. 88 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 913 S. TWYCKENHAM DR., IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 89 -85 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1985 (GEM PARTNERSHIP, PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION DOLLARS ($1,000,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. REGULAR MEETING JULY 22, 1985 This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing August 5, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 90 -85 A BILL APPROPRIATING $231,112.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND TO FACILITATE EXPANSION AND UPGRADING OF SERVICES AT THE MORRIS CIVIC AUDITORIUM. This bill had first reading. Council Member Taylor made a motion to set this bill for second reading and public hearing August 5, and refer it to the Personnel and Finance Committee, seconded by Council Member Braboy. The motion carried. BILL NO. 91 -85 A BILL TRANSFERRING $27,993.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing August 5, and refer it to the Human Resources Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 92 -85 A BILL APPROPRIATING $1,600,241.00 FROM THE FEDERAL REVENUE SHARING TRUST FUND FOR THE 1985 POLICE AND FIRE PENSION COSTS OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to set this bill for second reading and public hearing August 5, and refer it to the Personnel and Finance Committee, seconded by Council Member Puzzello. The motion carried. UNFINISHED BUSINESS Reports from Area Plan: Council Member Taylor made a motion to set Bill No. 61 -85 for public hearing and second reading August 5, and refer it to the Zoning and Vacation Committee, seconded by Council Member Puzzello. The motion carried. PRIVILEGE OF THE FLOOR Ralph Johnson, 734 N. Cushing, congratulated John Leszczynski for removal of the plaza and asked that a left turn signal be put on Western Avenue. There being no further business to come before the Council, unfinished or new, Council Member Puzzello made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 11:25 p.m. ATTEST: City Clerk APPROVED: r esident �Vie