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HomeMy WebLinkAbout01-27-86 Council Meeting MinutesREGULAR MEETING JANUARY 27, 1986 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 27, 1986, 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, Barcome, Paszek, Voorde and Beck Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the January 13, 1986 meets of the Council and found them correct. Therefore, we recommend the same be approved. Beverlie J. Beck Ann Puzzello Thomas Zakrzewski Council Member Serge made a motion that the minutes of the January 13, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1394 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING JAMES STAGGERS FOR HIS HEROIC LIFESAVING ACTIONS TAKEN AT THE MAR -MAIN ARMS APARTMENT FIRE WHEREAS, on Wednesday January 8, 1986, a three -alarm fire broke out at the Mar -Main Arms Apartments located at 125 West Marion Street; and WHEREAS, the blaze triggered an emergency situation whereby 145 elderly residents had to be quickly evacuated for their own personal safety; and WHEREAS, the Common Council has publicly commended the professional efforts of the City Police, Fire, and Communication Departments in responding to this emergency and by preventing any loss of life and minimizing damages to the building and it contents; and WHEREAS, the Common Council wishes to single out a member of the public who risked his life in saving residents from the building; and WHEREAS, the Council recognizes to single out a member of the public who risked his life in saving residents from the building; and WHEREAS, the Council recognizes the heroic efforts of James Staggers of 106 South Chicago Street, who was on duty that evening as a Yellow Cab driver; and WHEREAS, through James Stagger's alertness and individually notifying as many residents as he could to get out of the building before he was himself overcome by smoke inhalation, several residents were promptly rescued. 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 James Staggers for his heroic efforts in saving lives at the Mar -Main Arms Apartments fire on the evening of January 8, 1986. SECTION II. The Common Council believes that "silent heroes" like James Staggers, the countless volunteers of the Red Cross, and the other individuals who came to the rescue that evening, are examples of residents who should be exemplified by all. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ 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/ James V. Barcome Member of the Common Council REGULAR MEETING _JANUARY_ 2 7_, 19 8 6zY6_ /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 President Beck read the resolution and presented it to Mr. Staggers. Council Member Serge made a motion to adopt the resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Barcome made a motion to change the first meeting in February to February 3, seconded by Council Member Zakrzewski. The motion carried. Council Member Serge made a motion to appoint Ulysses Hes.iben, Marie Wiseman, and Connie Zundell to the Older Adults Council, seconded by Council Member Zakrzewski. The motion carried. REPORTS Council Member Zakrzewski indicated that the Zoning and Vacation Committee had met and Bill No. 132 would be continued until February 24, Bill No. 170 received no recommendation, Bill No. 177, 1 and 2 -86, received favorable recommendations. Council Member Braboy indicated that the Human Resources Committee had met and Bill No. 5 -86 received a favorable recommendation. The Public Works Committee met on Bill No. 8 -86 and it will be amended to appropriate $120,000 instead of $160,000. Council Member Zakrzewski made a motion to resolve into the Committee of the Whole, seconded by Council Member Braboy. 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 Monday, January 27, at 7:15 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 132 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY WEST OF LAUREL STREET RUNNING FROM WESTERN AVENUE TO NAPIER STREET, EXCEPTING THE INTERSECTING EAST -WEST 14' ALLEY FOR A DISTANCE OF 243.56 FEET MORE OR LESS, ALL BEING ON WILLETS SUBDIVISION OF B.O.L. 89 AND DEARDOFFS SUBDIVISION OF B.O.L. 90 AND LYING BETWEEN LOTS 1 AND 10 OF LOTS 6 AND 15 RESPECTIVELY. Council Member Beck made a motion to continue public hearing on this bill until February 24, at which time a substitute bill will be filed so that only half of this alley will be closed, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 170 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1ST EAST -WEST ALLEY SOUTH OF DELAWARE STREET RUNNING EAST FROM OLIVE STREET TO PHILLIPA LYING BETWEEN LOTS 259 THRU 264 AND LOTS 277 THRU 282 ALL BEING IN "HIGHLAND PARK 2ND ADD" AND "HIGHLAND PARK 2ND ADD" (UNRECORDED) TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Council Member Beck made a motion Council Member Voorde made the presentation for this bill, due to the fact that it has been continued for quite some time for technical errors, seconded by Council Member Barcome. The motion carried. 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 Beck made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Council Member Voorde indicated that the petitioners owned the entire alley, therefore, no one else was effected. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Paszek. The motion carried. BILL NO. 177 -85 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED AT 22901 CLEVELAND ROAD EXTENSION IN 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. Kevin Butler, attorney, made the presentation for the bill. He indicated Trans Tech Properties was requesting voluntary annexation to the City. He indicated that after the annexation is complete, they will request a rezoning to "C" Commercial. He indicated this bill should be amended in Section 3, on page 2 "E" should be changed to "A" height and area. Council Member Taylor made a motion to amend, seconded by Council Member Serge. The motion carried. Council Member Zakrzewski made a motion to recommend this bill to recommend this bill to the Council favorable, as amended, seconded by Council Member Barcome. The motion carried. 1 'r I 1 -------------REGULAR-- MEET -ING -_ _. - - - _ - - - - - --- JANUARY -27; - 198 -6 - -- ¢— _--_F- i F BILL NO. 1 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF EDISON ROAD RUNNING WEST FROM THE FIRST NORTH -SOUTH ALLEY WEST OF HICKORY FOR A DISTANCE OF 420 FEET LYING BETWEEN LOTS 1 THROUGH 10 AND 17 THROUGH 26 OF EDISON ROAD ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. E This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kevin Butler, attorney, made the presentation for the bill. He indicated this was not an existing alley, simply an easement. Council Member Zakrzewski made to recommend this bill to the Council favorable, seconded by Council Member Braboy. The motion carried. BILL NO. 2 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FOURTEEN FOOT ALLEY BETWEEN LOTS 25, 26, 27 AND 28 OF BERNER GROVE FIRST ADDITION, SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA, FOR THE PURPOSE OF IMPROVING PROPERTY WITH COMMERCIAL RETAIL STORES AND PARKING LOT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Charles Sausman, realtor, made the presentation for the bill. He indicated they planned to construct a 7- Eleven Store on this property. Harry Johnson, 806 S. Ironwood, indicated he was concerned about trash trucks and fire trucks getting through this alley if the South end of the alley is closed. John Leszczynski, City Engineer, indicated there will be ample turning radius for trucks and any drainage problems can be correct. Jan Mellema, SouthLand Corp., indicated they feel that a 7- Eleven store will be an improvement to the neighborhood. Council Member Beck made a motion that this bill be amended to read "subject to the dedication of public right -of -way, as addressed in the January 14, 1986 minutes of the Board of Public Works ", seconded by Council Member Zakrzewski. The motion carried. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 104 -85 A BILL AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO ADD NEW SECTIONS CONCERNING SATELLITE DISH ANTENNAE. Council Member Beck made a motion to continue this bill indefinitely, seconded by Council Member Braboy. The motion carried. BILL NO. 129 -85 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4 OF THE MUNICIPAL CODE OF SOUTH BEND BY THE INCLUSION OF NEW SECTION 4 -62 ENTITLED WASTE TO ENERGY FACILITY REGULATIONS. 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 Beck made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Council Member Voorde made the presentation for the bill. He indicated the purpose of this bill is to establish reasonable guidelines for the licensing of waste to energy facilities. He indicated this bill is patterned after the City's junkyard and fertilizer licensing laws. He indicated this bill will provide for review of proposed facilities by various City and County agencies to assure compliance with all applicable fire, traffic, building, health and environmental codes. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Barcome. The motion carried. BILL NO. 5 -86 A BILL AMENDING CHAPTER TWO, ARTICLE 13 OF THE SOUTH BEND MUNICIPAL CODE BY ADDING AN ADDITIONAL ECONOMIC DEVELOPMENT TARGET AREA THERETO. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ann Kolata, Deputy Director of Redevelopment, made the presentation for the bill. She indicated this bill would expand the economic development target areas for the purpose of issuing bonds. Ed Tally, 1075 Riverside spoke in favor of this bill. Ralph Johnson, 734 N Cushing, spoke regarding the bill. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 6 -86 A BILL APPROPRIATING $15,000.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR CLEANING AND TUCK- POINTING OF MASONRY AND TERRA -COTTA OF THE FACADE AND FOR PAINTING AND REGLAZING OF WINDOWS AND DOORS AT MORRIS CIVIC AUDITORIUM. This being the time heretofore set for public hearing on the above bill, proponents and opponents were pp given an opportunity to be heard. Brian Hedman, Director of Century Center, made the presentation for the bill. He indicated this appropriation would be used to clean and restore the facade on the eastern portion of the Morris Civic Auditorium. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 8 -86 A BILL APPROPRIATING $160,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8507, R -O -W ACQUISITION - LOGAN /HICKORY, WITHIN THE LOCAL ROAD AND STREET FUND. REGULAR MEETING JANUARY 27.,_..198.6 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 the bill should be amended to $120,000. Council Member Serge made a motion to amend, seconded by Council Member Voorde. The motion carried. Mr. Leszczynski indicated this appropriation would be used to pay for the right -of -way acquisition for the widening of this road. Council Member Zakrzewski 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 Zakrzewski. The motion carried. ATTEST: �- 4.-"/ � City Clerk REGULAR MEETING RECONVENED ATTEST: 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 8:13 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7593 -86 This bill had second bill, as amended, in The motion carried. amended, seconded by of nine ayes. ORDINANCE NO. 7594 -86 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1ST EAST -WEST ALLEY SOUTH OF DELAWARE STREET RUNNING EAST FROM OLIVE STREET TO PHILLIPA LYING BETWEEN LOTS 259 THRU 264 AND LOTS 277 THRU 282 ALL BEING IN "HIGHLAND PARK 2ND ADD" AND "HIGHLAND PARK 2ND ADD" (UNRECORDED) TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. reading. Council Member Voorde made a motion to amend this the Committee of the Whole, seconded by Council Member Taylor. Council Member Voorde made a motion to pass the bill, as Council Member Zakrzewski. The bill passed by a roll call vote AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED AT 22901 CLEVELAND ROAD EXTENSION IN ST. JOSEPH COUNTY, INDIANA. 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. 7595 -86 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF EDISON ROAD RUNNING WEST FROM THE FIRST NORTH -SOUTH ALLEY WEST OF HICKORY FOR A DISTANCE OF 420 FEET LYING BETWEEN LOTS 1 THROUGH 10 AND 17 THROUGH 26 OF EDISON ROAD ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, 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 nine ayes. ORDINANCE NO. 7596 -86 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FOURTEEN FOOT ALLEY BETWEEN LOTS 25, 26, 27 AND 28 OF BERNER GROVE FIRST ADDITION, SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA, FOR THE PURPOSE OF IMPROVING PROPERTY WITH COMMERCIAL RETAIL STORES AND PARKING LOT. 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 Paszek and Voorde). ORDINANCE NO. 7597 -86 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4 OF THE MUNICIPAL CODE OF SOUTH BEND BY THE INCLUSION OF NEW SECTION 4 -62 ENTITLED WASTE TO ENERGY FACILITY REGULATIONS. 1 1 I--- _REGULAR - -MEETI NG z- -- - - - -- _ JAi�TUARY -2 7 -, -1 -9 8 6- - - - - -- - - - -- - - - -- -- - - - -- --------------------------- 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 f 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. 7598 -86 AN ORDINANCE AMENDING CHAPTER TWO, ARTICLE 13 OF THE SOUTH BEND MUNICIPAL CODE BY ADDING AN ADDITIONAL ECONOMIC DEVELOPMENT TARGET AREA THERETO. This bill had second reading. Council Member Serge 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. 7599 -86 AN ORDINANCE APPROPRIATING $15,000.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR CLEANING AND TUCK- POINTING OF MASONRY AND TERRA -COTTA OF THE FACADE AND FOR PAINTING AND REGLAZING OF WINDOWS AND DOORS AT MORRIS CIVIC AUDITORIUM. 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. 7600 -86 AN ORDINANCE APPROPRIATING $120,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8507, R -O -W ACQUISITION - LOGAN /HICKORY, WITHIN THE LOCAL ROAD AND STREET 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 the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS Council Member Serge made a motion to combine public hearing on Resolutions A & B, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 1395 -86 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 903 S. MAIN 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 903 S. Main and more particularly described by a line drawn as follows: Lots 27, 28, 29, and 30 in the recorded plat of South Bend City Addition as recorded in the records of St. Joseph County, Indiana, EXCEPTING: The South 10.00 feet of Lot #30. ALSO: The East half of a vacated alley lying West of and adjacent to said parcel. 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. REGULAR /s/ Beverlie J. Beck Member of the Common Council JANUARY 27, .19_86_._ RESOLUTION NO. 1396 -86 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1607 S. MAIN 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 1607 S. Main and more particularly described by a line drawn as follows: PARCEL I: All of Lots Numbered 2, 3, 4, 5, and 6 all as shown on the recorded Plat of J. P. Creed's Second Addition to the City of South Bend, together with a 14 foot alley lying West of and adjacent to Lots Numbered 1 to 6, both inclusive; and together with the North Half of a 14 foot vacated alley lying South and adjacent to said lot 6, all as shown on the recorded Plat of J. P. Creed's Second Addition to the City of South Bend. PARCEL II: Also, a part of the Northwest Quarter of the Southwest Quarter of Section 13, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, and more particularly described as follows: Beginning at the intersection of the South line of Indiana Avenue and the East line of South Main Street in said City as existed on February 19, 1939; thence running East along the South line of Indiana Avenue a distance of 99 feet; thence running South 113 feet, more or less, to the North line of an alley 20 feet wide; thence West on the North line of said alley 99 feet to the East line of Main Street to a point directly South of the place of beginning; thence North 113 feet to the place 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. 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. Thomas Brunner, City Attorney, indicated that Enterprise Associates planned to rehabilitate the South Bend Carton Building, located at 903 S. Main. He indicated that the estimated value of this property after completion will be $600,000, and that at least six new full -time jobs will be created. He indicated that Enterprise Associates planned to build a 24,000 square foot multi - purpose industrial building at the site of the former Wooden Keg restaurant. He indicated that after completion the estimated value of this property will be $750,000, and at least ten new jobs will be created. Council Member Taylor made a motion to adopt Resolution No. 1395 -86, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 1396 -86, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1397 -86 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 322 -330 E. COLFAX TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. 11, I 1 1 I --- - - - -_- - REGULAR-- -ME- ETI -NG-- - -- -- JANUARY - 2 7 -, 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 322 -330 S. Colfax and more particularly described by a line drawn as follows: A part of lot Numbered Twenty -five (25) as shown on the Original Plat of the Town of Lowell and also a part of Miller and Green's First Addition to the Town of Lowell, all now within a part of the City of South Bend bounded by a line running as follows, viz: Beginning at the Southwest corner of Colfax Avenue and Ginz Avenue, which point is on the South line of Colfax Avenue, 256.3 feet West of an iron set South 5 degrees 31 minutes East along the West line of said Ginz Avenue a distance of 274.4 feet; thence West parallel with and 273 feet South of the South line of Colfax Avenue a distance of 167.9 feet; thence North 15 degrees and 6 minutes West a distance of 87.7 feet; thence South 89 degrees and 47 minutes West a distance of 47.25 feet; thence South 0 degrees 56 minutes East 188.2 feet to the South line of Colfax Avenue; thence East 118.48 feet to the place 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. 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. James Miller, attorney, indicated they planned to renovate the White House Manufacturing Building into a retail, commercial and residential complex. He indicated there would be twenty luxury condominiums with enclosed parking. He indicated thirty -five permanent full -time jobs will be created. 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 eight ayes. RESOLUTION NO. 1398 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY WITH REGARD TO THE DEVELOPMENT PLAN FOR THE STUDEBAKER CORRIDOR DEVELOPMENT AREA WHEREAS, the City of South Bend Redevelopment Commission (Commission), pursuant to Indiana Code 36- 7 -14 -1, et seq., (Act), adopted Resolution No. 762 on January 10, 1986 designating the Studebaker Corridor Development Area (Area), finding the Area to be blighted, approving the Studebaker Corridor Development Plan (Plan), and the South Bend Relocation Policy, and establishing an allocation area for purposes of tax incremental financing; and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana, which is the duly designated and acting official planning body for the City of South Bend, in its Resolution No. 87, adopted January 21, 1986, has issued its written order approving Resolution No. 762 and the Plan, and has certified that the Plan, conforms to the master plan of development for the City of South Bend; and WHEREAS, the Common Council is cognizant of the conditions that are imposed under Title VI of the Civil Rights Act of 1964, as amended, providing that no person shall, on the grounds of race, age, sex, color, religion, or natural origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of any federally- assisted project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, as follows: REGULAR - :MEETING _._ __.-- - - - -__ _ __ _ JANUARY.,- 27,__- 1.9.86._ 1. The order of the Area Plan Commission of St. Joseph County, pursuant to its Resolution No. 87, attached hereto and made a part hereof, is in all respects approved. 2. In order to implement and facilitate the Plan, as amended, it is found and determined that certain official action must be taken by the City of South Bend with reference, among other things, to changes in zoning, vacation and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public actions, and accordingly the Common Council hereby (a) pledges its cooperation in helping to carry out the Plan; (b) requests the various officials, departments, boards, and agencies of the City of South Bend having administrative responsibilities likewise to cooperate to such end and to exercise their respective functions and powers, in a manner consistent with the Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Plan. 3. That the United States of America be, and hereby is assured of full compliance by the City of South Bend with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the regulations of the Department of Housing and Urban Development effectuating that Title. 4. That 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. Ann Kolata, Deputy Director of Redevelopment, indicated that the adoption of this resolution will represent the first stop in a long -term progress of revitalizing the project area. She indicated the City will also gain the immediate benefits of the allocation area. She indicated by utilizing a coordinated approach involving the public and private sectors this area can once again become a flourishing commercial and industrial center. 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. RESOLUTION NO. 1399 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF LICENSE RENEWALS FOR SCRAP /JUNK/ AND RECYCLING DEALERS FOR THE CALENDAR YEAR 1986 WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk /scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk /and recycling dealers within the City; and WHEREAS, the Common.Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk /and recycling dealers; WHEREAS, in accordance with these rules and regulations, inspections of the scrap /junk /and recycling operations have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such a business; and WHEREAS, the Board of Public Works, at its meeting held on January 21, 1986, recommended the renewal of licenses for the various scrap /junk /and recycling dealers in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Rcnri Indiana, as follows: SECTION I. That the license renewal applications for the following scrap /junk /and recycling dealers be approved based upon the satisfactory revie the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made in December, 1985 and January and subsequent favorable recommendation by the Board of Public Works: A -1 Auto Parts Herbert Alpern -Max Schneider Co. Hurwich Iron Co. Hurwich Iron Co. Hurwich Iron Co. Hurwich Iron Co. Metal Resources Corporation Metal Resources Corporation North Side Iron & Paper Company South Bend Auto Parts, Inc. South Bend Baling & Iron Company 2014 S. Lafayette 429 W. Indiana Ave. 1700 Lafayette 1602 S. Lafayette 2016 W. Washington 1610 Circle Ave. 3113 S. Gertrude 1305 Prairie Ave. 3123 S. Gertrude 307 W. Calvert St. 1420 S. Walnut St. 1 1 _REGULAR, MEETING - - - .,JANUARY 27 1986 South Bend Iron & Metal Company 429 W. Indiana Ave. South Bend Waste Paper Company 1519 S. Franklin St. Steve & Gene's Auto Truck Salvage 3109 S. Gertrude St. Super Auto Salvage 3300 S. Main St. Weaver Truck & Equipment Company 3700 S. Gertrude St. Western Avenue Iron & Metal Company 3123 S. Gertrude St. 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. Katherine Barnard, Director of Code Enforcement, indicated inspections of the premises of seventeen (17) dealers has been conducted by the Fire Department and Code Enforcement and have met the technical requirements necessary to licensing. Council Member Zakrzewski made a motion to amend the resolution to correct the address of Metal Resources to 1305 Prairie, seconded by Council Member Taylor. The motion carried. Council Member Zakrzewski made a motion to adopt this resolution, as amended, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 8 -86 A BILL APPROPRIATING $700.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR ELECTRICAL WORK AT MORRIS CIVIC AUDITORIUM. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing February 24, seconded by Council Member Taylor. The motion carried. Council Member Puzzello made a motion to amend Bill No. 9 -86 to change the title, seconded by Council Member Braboy. The motion carried. BILL NO. 9 -86 A BILL TO VACATE THE NORTH -SOUTH STREET COMMONLY KNOWN AS GREENLAWN AVENUE, BETWEEN RUSKIN AND NORTHSIDE BOULEVARD LOCATED NEAR I.U.S.B., AND A PORTION OF HILDRETH STREET. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing February 24, and refer it to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. Council Member Barcome made a motion to amend Bill No. 10 -86 to change the title, seconded by Council Member Voorde. The motion carried. BILL NO. 10 -86 A BILL TO VACATE THE FIRST NORTH -SOUTH ALLEY WEST OF GREENLAWN BETWEEN HILDRETH AND THE U. S. ARMY RESERVE CENTER AND THE EAST -WEST LEG OF THE SUBJECT ALLEY BOUNDED ON THE NORTH BY LOT 116 OF BELLEVUE ADDITION (IUSB PROPERTY) AND THE SOUTH BY THE U.S. ARMY RESERVE This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing February 24, and refer it to the Zoning and Vacation Committee, seconded by Council Member Barcome. The motion carried. UNFINISHED BUSINESS Report from Area Plan - Bill No. 174 -85 - Rezone 4324 S. Michigan Council Member Zakrzewski made a motion to set this bill for second reading and public hearing February 24, and refer it to the Zoning and Vacation Committee, seconded by Council Member Puzzello. The motion carried. 3RIVILEGE OF THE FLOOR John Harland, 125 W. Marion, spoke regarding TRANSPO. Ralph Johnson, 734 N. Cushing, presented a petition regarding pornography. Ken Donnley, 2605 Frederickson, spoke regarding the baseball stadium. There being no further business to come before the Council, unfinished or new, Council Member Zakrzewski made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 9:06 p.m. ATTEST: APPROVED: 4-e� r City Clerk President