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HomeMy WebLinkAbout10-13-86 Council Meeting MinutesREGULAR MEETING OCTOBER 13, 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, October 13, 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 September 22, 1986 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Beverlie J. Beck /s/ Al Paszek /s/ James V. Barcome Council Member Serge made a motion that the minutes of the September 22, 1986, meeting of the Council be accepted and placed on file, seconded by Council Member Puzzello. The motion carried. SPECIAL BUSINESS i. RESOLUTION NO. 1441 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING GIRL SCOUT TROOP NUMBERS 5,, 41, 84 AND 518 FOR THEIR PARTICIPATION IN THE "WHERE THE WATER MEETS THE LAND" PROJECT WHEREAS, the Common Council of the City of South Bend, Indiana, acknowledges that it has received twenty -three (23) letters from Girl Scouts in Troops No. 5, No.! 42, No. 84, and No. 518; and WHEREAS, each of the letters was written as part of the summer project entitled`' "Where the Water Meets and Land" where the Girl Scouts learned about the St. Joseph , `; River; and WHEREAS, the Common Council has reviewed these letters and shares in the concerns raised by the Girl Scouts about keeping the St. Joseph free from pollution;! and WHEREAS, the City of South Bend is proud of the developments it has undertaken along the St. Joseph River and in particular the development of the East Race and the upcoming fish runs. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council publicly commends the Girl Scouts in Troop No. 5 under the leadership of Marilyn Milday, the Girls Scouts in Troop No. 41 under the leadership of Kathy Miller, the Girl Scouts in Troop No. 84 under the leadership of Colette Kendrick, the Girl Scouts in Troop No. 518 under the leadership of Toni Beehler for participating in the project "Where the Water Meets the Land ". SECTION II. The Common Council thanks each of the Girl Scouts for bringing their concerns about the St. Joseph River to their attention and requests that each of them continue to have their voices heard on community and civic projects. RESOLUTION NO. 1442 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH: BEND, INDIANA, COMMENDING KATHERINE G. BARNARD FOR HER DEDICATED PUBLIC SERVICE ACTIVITIES PERFORMED FOR AND ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that; Katherine G. Barnard has diligently served the citizens of South Bend in various positions in the City Administration since January 2, 1980; and WHEREAS, as Director of the Department of Code Enforcement, she has earned a reputation of listening to neighborhood problems and taking action to resolve them; and WHEREAS, the Council notes with pride the monthly activities report prepared by the Department of Code Enforcement listing the number of housing, environmental, abandoned vehicles, animal control, and related property complaints which her department has handled; and is REGULAR MEETING OCTOBER 13, 1986 WHEREAS, Katherine G. Barnard will long be remembered as a dedicated public servant who professionally rendered service to the citizens of the City of South Bend in a fair and compassionate manner. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Indiana, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and thanks Katherine G. Barnard for her more than six (6) years of dedicated public service to the City of South Bend, I Indiana. Ii SECTION II. The Common Council publicly acknowledges Katherine G. Barnard's contributions to help improve neighborhoods throughout our City by effective code enforcement procedures, and wishes her continued success as she begins serving th citizens of Westport, Connecticut as their Zoning Administrator. SECTION III. This Resolution shall be in full force and effect from and afte!'i its adoption by the Common Council and approval by the Mayor. I, /s/ Joseph T. Serge Member of the Common Council m /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/ James V. Barcome Member of the Common Council /s/ Al 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 Braboy read the resolution and presented it to Patricia DeClercq, who thanked the Counci and indicated she would send the resolution to Katherine Barnard. Ann Manning 31 LaMonte Terrace, a representative of Neighborhood Housing Services, spoke in favo of this resolution. Council Member Barcome made a motion to adopt this resolutic seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Taylor made a motion to suspend the rules and have public hearing a resolution proclaiming Energy Awareness Week, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 1443 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF S BEND, INDIANA, PROCLAIMING THE WEEK OF OCTOBER 20 - 1986, AS "ENERGY AWARENESS WEEK" IN SOUTH BEND. WHEREAS, the Common Council of the City of South Bend recognizes that the conservation of energy is a key to easing energy shortages and escalating energy costs; and WHEREAS, limited energy resources must be used wisely and efficiently, with regard for ecological as well as economical considerations; and WHEREAS, renewable sources of energy must be developed and promoted in order assure an ample and affordable base of energy for the future; and WHEREAS, on -going public education programs and conservation efforts are vita to efficient energy use; and WHEREAS, Governor Robert D. Orr of the State of Indiana has designated 1986 as Energy Month in Indiana. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH INDIANA, as follows: '.6 SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly proclaims the week of October 20 - 26, 1986, as "Energy Awareness Week" in South Bend. I SECTION II. This Resolution shall be in full force and effect from and afte 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/ Ann B. Puzzello Member of the Common Council /s/ Robert G. Taylor Member of the Common Council 1 1 1 1 n /s/ Beverlie J. Beck Member of the Common Council REPORTS /s/ Thomas Zakrzewski Member of the Common Council /s/ James V. Barcome Member of the Common Council /s/ Al Paszek Member of the Common Council /s/ John Voorde Member of the Common Council Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill No. 93 -86 and Bill No. 100 -86 and recommended 93 -86 favorable, and 100 -86 unfavorable. Council Member Barcome indicated that the Park Committee had met on Bill No. 102 -86 and recommended it favorably. Council Member Taylor indicated that the Public Safety Committee had met on Bill No. 103 -86 and recommended it favorably. Council Member Braboy indicated that the Human Resources Committee had met on Bill No. 104 -86 and Resolutions Nos. 1444 -86, 1445 -86, and 1446 -86, and recommended them favorable. Council Member Barcome made a motion to resolve into the Committee of the Whole, seconded by Council Member Taylor. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on October 13, 1986, at 7:22 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 101 -86 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1986 (SOUTH BEND ORTHOPEDIC ASSOCIATES, INC. PROJECT), AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. Council Member Barcome made a motion to continue public hearing and second reading on this bill until October 27, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 101A -86 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1986 (TRIPODS PARTNERSHIP PROJECT, AN INDIANA PARTNERSHIP PROJECT), AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. Council Member Beck made a motion to continue public hearing and second reading on this bill until October 27, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 98 -86 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED JUST NORTH OF THE CORNER OF LAFAYETTE AND SAMPLE STREETS, SOUTH BEND, INDIANA, ON THE WEST SIDE OF THE STREET. 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 Barcome. The motion carried. Larry Magliozzi, Area Plan, gave the staff report, which was favorable. George Herendeen, attorney, made the presentation for the bill. He indicated the purpose of this rezoning was to allow for the construction of a South Bend Policemen's Federal Credit Union. He indicated the construction of this building will be the first development in the area, and will be an asset. Council Member Barcome made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Paszek. The motion carried. BILL NO. 100 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET DESCRIBED AS CHALET COURT, COMMENCING AT THE EASTERLY RIGHT -OF -WAY LINE OF COTSWOLD LANE, AS EXTENDED NORTH AND SOUTH, RUNNING EAST TO ITS TERMINATION, FOR A DISTANCE OF APPROXIMATELY 80 FEET, MORE OR LESS, AS DEPICTED IN THE ORIGINAL PLAT OF SOUTHEAST ESTATES, SECTION 3, RECORDED AS INSTRUMENT NUMBERED 7704084, ON AUGUST 10, 1977, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Peddycord, attorney, made the presentation for the bill. He indicated the purposes of this vacation was to permit the use,of the adjoining lots and the vacated street as a "site for the *qtr. ^. r7T.' 'i: s r�s�rrrx�. ^._ - _`.. CTOBER 13 �' '8��•,, d b65 s -onstruction of a new Kingdom Hall for the North Unit of the Jehovah's Witnesses. He indicated that Portage Realty has every intention of eventually connecting Georgian Drive with Cotswald Lane. He indicated the church would not be built on any part of lots 84 and 91, it will be located on the two acre parcel to the east. he indicated there is no need for the City to maintain a street sub that is only 80 foot in length. he indicated that if the street is vacated it will give the church greater flexibility as far as an entrance to the church site, as well as control of the street. He indicated there has been some concern that if the church is built the parking to may be used by vandals, etc. he indicated that the church has agreed to install an appropriate gate or whatever other security device that may be proposed across the driveway. He indicated the final site plan makes extensive use of earthen mounds on both sides of the parking lot, which reduce visibility for any adjoining neighbors. He indicated that a city may not exclude a church from any residential neighborhood, even through inconvenience may be caused by influx into the neighborhood of vehicular or pedestrian traffic. He indicated the neighbors are concerned that this site only has one access to York Road at the present time, however, they planned to pursue Portage Realty and cause them eventually to complete Georgian Drive so there will be two accesses to York Road. He showed Photographs of the site, as well as existing Kingdom Halls in the area. He indicated that all of them are single story, low profile buildings that blend into the neighborhood. He indicated there are only four specific reasons why a vacation may be denied, and none of the four reasons cited in the statutes are applicable to this existing case. He indicated the only one possible is that the vacation would hinder the growth and development of the unit or neighborhood in which it is located. He indicated that the vacation of Chalet Court would not interfere in any way with the growth and development of this neighborhood. He indicated they planned to construct the church in the spring of 1987, and Portage Realty indicated that assuming sales proceed the same as they had within the last year, they would be in a position to extend Georgian Drive in the fall of 1988 or spring of 1989. He indicated that if this petition is denied the Council may be discriminating against this church as opposed to other churches in identical situations. Kenneth Fedder, attorney representing the neighborhood, presented a petition with 100 signatures against the closing of this road. He indicated this vacation was not warranted, and the closing of this street would not prohibit the building of this church. He indicated the residents were concerned about the traffic as well as their children's safety. He indicated the developer now intends to develop another access to York Road, and they wonder why it was not developed last year. He indicated that the closing of this court would impede the development of all other residential lots in this subdivision. Joe Saracco, 5534 Colonial Lane, showed a film of the area indicating the traffic pattern of the neighborhood. He indicated there are 102 children in this subdivision and they were concerned for their safety. Robert Stephens, 5566 Colonial Lane, indicated this vacation would hinder the growth of the neighborhood. Jim Waldron, 1725 Provincial, indicated the church was supposed to contact the neighbors to resolve this situation, however, no contact was ever made. Larry Roller, 5563 Colonial Lane, spoke against this vacation. He indicated there have been promises for ten years to build another street. He indicated the children of the neighborhood do not need this traffic hazard. Leonard Moretti, 5530 Colonial Lane spoke against this vacation. He indicated the neighborhood was opposed to this vacation because of the traffic and safety problems. Council Member Taylor indicated this vacation would hinder the growth and orderly development of the neighborhood. Council Member Taylor made a motion to recommend this bill to the Council unfavorably, seconded by Council Member Barcome. 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 8:06 p.m., and reconvened at 8:17 p.m. BILL NO. 102 -86 A BILL APPROPRIATING $232,300 FROM THE GENERAL PARK FUND TO ACCOUNT NUMBERED 01.0399.0, OTHER CONTRACTUAL SERVICES IN THE PARK MAINTENANCE FUND O1. This being the time hereto fore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Voorde made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. David Roos, Administrative Asst. to the Mayor, made the presentation for the bill. He indicated that as a requirement for the lease /purchase the statutes say the entity providing the financing must own the land upon which the facility to be leased is built. He indicated that the lease /purchase agreement for the stadium provides for the purchase of the site by Security Pacific in the amount of $232,300. He indicated these funds will be utilized for park improvements and equipment relating to the Stanley Coveleski Regional Stadium facility. Council Member Serge made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 103 -86 A BILL AMENDING CHAPTER 9 OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE SECTIONS CONCERNING FIRE PREVENTION. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathleen Cekanski - Farrand, Council attorney, made the presentation for the bill. She indicated these amendments list the updated editions of the codes required by the State of Indiana. She indicated these codes include the Indiana Fire Prevention Code and the Indiana Flammable and Combustible Liquids and Gases Code. She indicated the Indiana Fire Prevention code replaces the National Fire code. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 104 -86 A BILL TRANSFERRING $4,374.21 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. Don Inks, Director of Community Development, made the presentation for the bill. He indicated this transfer would be used to repave the King Recreation Center Basketball Court. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. 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, seconded by Council Member Taylor. The motion carried. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:30 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7690 -86 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED JUST NORTH OF THE CORNER OF LAFAYETTE AND SAMPLE STREETS, SOUTH BEND, INDIANA, ON THE WEST SIDE OF THE STREET. This bill had second reading. Council Member Zakrzewski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member 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. BILL NO. 100 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET DESCRIBED AS CHALET COURT, COMMENCING AT THE EASTERLY RIGHT -OF -WAY LINE OF COTSWOLD LANE, AS EXTENDED NORTH AND SOUTH, RUNNING EAST TO ITS TERMINATION, FOR A DISTANCE OF APPROXIMATELY 80 FEET, MORE OR LESS, AS DEPICTED IN THE ORIGINAL PLAT OF SOUTHEAST ESTATES, SECTION 3, RECORDED AS INSTRUMENT NUMBERED 7704084, ON AUGUST 10, 1977, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY. Council Member Taylor made a motion to defeat this bill, seconded b y i Counc Zakrzewski. The bill was defeated by a roll call vote of nine ayes. t Member ORDINANCE NO. 7691 -86 AN ORDINANCE APPROPRIATING $232,300 FROM THE GENERAL PARK FUND TO ACCOUNT NUMBERED 01.0399.0, OTHER CONTRACTUAL SERVICE IN THE PARK MAINTENANCE FUND 01. This bill had second reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. - -- The motion carried. Council Member Puzzello made a motion to ii amended, seconded by Council Member Taylor. The bill Pass the bill, as nine ayes. passed by a roll call vote of ORDINANCE NO. 7692 -86 AN ORDINANCE AMENDING CHAPTER 9 OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE SECTIONS CONCERNING FIRE PREVENTION. This bill had second reading. Council Member Serge made a motion to . The bill Pass this bill, seconded by Council Member Braboy. ayes. passed by a roll call vote of nine REGULAR MEETING OCTOBER 13, 1986 ORDINANCE NO. 7693 -86 AN ORDINANCE TRANSFERRING $4,374.21 AMONG VARIOUS�I ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. 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 6f nine ayes. RESOLUTIONS Council Member Taylor made a motion to combine public hearing on the next two resolutions, seconded by Council Member Barcome. The motion carried. RESOLUTION NO. 1444 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OFISOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 1507 SOUTH OLIVE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY,TAX E ABATEMENT. I 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 1507 S. Olive, South Bend, Indiana, and which is more particularly described by a line drawn as follows: PARCEL I A lot or parcel of land situa ted in the West Half (1/2) of the I Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at the point of intersection of the South line of the St. Joseph, South Bend and Southern Railroad Company's right of way with the East line of the aforesaid West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of sai% Section 15, said point of beginning being Four Hundred Eleven and Six tent s (411.6) feet North of and Six Hundred Sixty -Five and Two Tenths (665.2) feet West of the center of said Section 15; thence running West along the South line of the right of way of said St. Joseph, South Bend and Southern Railroad i Company, Six Hundred Sixty -Two and Forty -Eight Hundredths (662.48) feet, mDre or less, to the West line of the aforesaid West Half (1/2) of the Southeast Qliarter (1/4) of the Northwest Quarter (1/4) of Section 15; thence south along last mentioned line, two Hundred One and Forty -Five Hundredths (201.45( feet; hence East Six Hundred Sixty -Two and Seventy -Four Hundredths (662.74) feet more or less, to the East line of the aforesaid West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section 15; thence North along said last mentioned line Two Hundred Three and Seventy -five Hundredths (203.75) feet to the place of beginning. PARCEL II - Beginning at a point 308.9 feet North and 30 feet West of the center of Section 15, Township 37 North, Range 3 East, thence North along the Wes, line of Olive Street, a distance of 102.7 feet to the South line of the St. Joseph, South Bend and Southern Railroad Co.'s right of way; thence West along thellSouth line of said company's right of way, a distance of 635.2 feet to the West line of the East Half of the Southeast Quarter of the Northwest Quarter of saidil Section 15; thence South 146.2 feet; thence East 477.8 feet; thence North 25 feet 9 inches; thence East 157.4 feet to the West line of Olive Street; thence North 19 feet 3 inches to the place of beginning, all in Section 15, Towns� ip 37 North, Range 2 East. IIIlI PARCEL III - A lot or parcel of land in the East Half of the Southeast Quarter of the Northwest Quarter of Section 15, Township No. 37 North, Range 3 Eas bounded by a line running as follows: Beginning at a point Two Hundred 11 Sixty -Three and Nine - Tenths (263.9) feet North and One Hundred Eighty- Seveo and Four - Tenths (187.4) feet West of the center of said Section 15; thence West Four Hundred Seventy -Seven and Eight- Tenths (477.8) feet to the West line of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 15;1 thence South along the West line of the East Half of the Southeast Quarterof 15 a distance of Fifty-Seven and Fifty -Five the Northwest Quarter of Section , Y One Hundredths (57.5) feet; thence East a distance of One Hundred Ninety -Eight and Seventy -five Hundredths (198.75) feet; thence North Forty -Seven and 1 Fifty -Five One Hundredths (47.55) feet; thence East Two Hundred Seventy -Ni�;e and Twenty -Five One Hundredths (279.25) feet; thence North Ten (10) feet to the' place of beginning. PARCEL IV - A parcel of land situated in the West One -Half of the Southeast Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2'I East, St. Joseph County, Indiana, more particularly described as follows: beginning at a point on the East line of the West One -Half of the Southeast Quarter of the Northwest Quarter of said Section 15, 203.75 feet South of the intersection of the South line of the right of way now or formerly owned by St. Joseph, South Bend and Southern Railroad Company with the said East line of the West One�'Half of the Southeast Quarter of the Northwest Quarter of Section 15, said poin of intersection being 411.6 feet North of and 665.2 feet West of the center of said Section 15; thence South along the said East line of the West One -Half of 4he Southeast Quarter of the Northwest Quarter of Section 15, 177.25 feet, mor or less, to a point in a line parallel to and distant 26.5 feet Northerly, by rectangular measurement, from the East and West center line of Section 15; thence West along said parallel line 663 feet, more or less, to a point inIthe West line of the said West One -Half of the Southeast Quarter of the Northwest Quarter of said Section 15; thence North along said West line of the West One -Half of the Southeast Quarter of the Northwest Quarter of Section 15, 174.95 E feet, more or less to a point 201.45 feet South of said South line of the right of way now or formerly owned by St. Joseph, South Bend and Southern Railroad Company; thence Easterly along a straight line, 662.74 feet, more or less, to the point of beginning. PARCEL V - All of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of Section 15, Township 37 North, Range 3 East lying South of the right of way now or formerly owned by the St. Joseph South Bend and Southern Railroad Company and being more particularly described as follows: Beginning at the Southeast corner of said Southwest Quarter (1/4) of said Northwest Quarter (1/4); thence West along the South line of said Southwest Quarter (1/4) of the said Northwest Quarter (1/4) a distance of 1327.393 feet to an iron pin at the Southwest corner of said Southwest Quarter (1/4) of said Northwest Quarter (1/4); thence North along the West line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) a distance of 395.098 feet to an iron pin in the South right of way line of the right of way now or formerly owned by said St. Joseph, South Bend and Southern Railroad by said St. Joseph, South Bend and Southern Railroad Company; thence East along the South right of way a distance of 1326.95 feet to the East line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) (which point is in the center line of Kaley Street); thence South along said East line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) a distance of 402.90 feet to the point of beginning. PARCEL VI - Beginning at a point on the West line of Kaley Street at the intersection of the South right of way line of St. Joseph, South Bend and Southern Railroad, thence South along the West line of Kaley Street, Four Hundred Two and Ninety- Hundredths (402.90) feet, more or less to the East -West center line of Section 15, Township 37 North, Range 3 East; thence East on said East -West center line Thirty (30) feet to the center line of Kaley Street; thence North along said center line Twenty -Six and Fifty Hundredths (26.50) feet; thence East parallel with said East -West center line of Section 15, Thirty (30) feet to the East line of Kaley Street; thence North Three Hundred Seventy -Six and Four Hundredths (376.40) feet, more or less, to said South right of way line of the St. Joseph, South Bend and Southern Railroad; thence West along said right of way line Sixty (60) 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. SECTION II. That this designation shall be limited to ten (10) 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 RESOLUTION NO. 1445 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 1507 SOUTH OLIVE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1507 S. Olive, South Bend, Indiana, and which is more particularly described by a line drawn as follows: PARCEL I - A lot or parcel of land situated in the West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at the point of intersection of the South line of the St. Joseph, South Bend and Southern Railroad Company's right of way with the East line of the aforesaid West Half (1 /2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section 15, said point of beginning being Four Hundred Eleven and Six tenths (411.6) feet North of and Six Hundred Sixty -Five and Two Tenths (665.2) feet West of the center of said Section 15; thence running West along the South line of the right of way of said St. Joseph, South Bend and Southern Railroad Company, Six Hundred Sixty -Two and Forty -Eight Hundredths (662.48) feet, more or less, to the West line of the aforesaid West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section 15; thence south along last mentioned line, two Hundred One and Forty -Five Hundredths (201.45( feet; thence East Six Hundred Sixty -Two and Seventy -Four Hundredths (662.74) feet more or less, to the East line of the aforesaid West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section 15; thence North along said last mentioned line Two Hundred Three and Seventy -five Hundredths (203.75) feet to the place of beginning. PARCEL II - Beginning at a point 308.9 feet North and 30 feet West of the center of Section 15, Township 37 North, Range 3 East, thence North along the West line of Olive Street, a distance of 102.7 feet to the South line of the St. Joseph, South Bend and Southern Railroad Co.'s right of way; thence West along the South line of said company's right of way, a distance of 635.2 feet to the West line of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 15; thence South 146.2 feet; thence East 477.8 feet; thence North 25 feet 9 inches; thence East 157.4 feet to the West line of Olive Street; thence North 19 feet 3 inches to the place of beginning, all in Section 15, Township 37 North, Range 2 East. PARCEL III - A lot or parcel of land in the East Half of the Southeast Quarter of the Northwest Quarter of Section 15, Township No. 37 North, Range 3 East bounded by a line running as follows: Beginning at a point Two Hundred Sixty -Three and Nine - Tenths (263.9) feet North and One Hundred Eighty -Seven and Four- Tenths (187.4) feet West of the center of said Section 15; thence West Four Hundred Seventy -Seven and Eight- Tenths (477.8) feet to the West line of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 15; thence South along the West line of the East Half of the Southeast Quarter of the Northwest Quarter of Section 15, a distance of Fifty -Seven and Fifty -Five One Hundredths (57.5) feet; thence East a distance of One Hundred Ninety -Eight and Seventy -five Hundredths (198.75) feet; thence North Forty -Seven and Fifty -Five One Hundredths (47.55) feet; thence East Two Hundred Seventy -Nine and Twenty -Five One Hundredths (279.25) feet; thence North Ten (101 feet to the place of beginning. PARCEL IV - A parcel of land situated in the West One -Half of the Southeast Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, St. Joseph County, Indiana, more particularly described as follows: beginning at a point on the East line of the West One -Half of the Southeast Quarter of the Northwest Quarter of said Section 15, 203.75 feet South of the intersection of the South line of the right of way now or formerly owned by St. Joseph, South Bend and Southern Railroad Company with the said East line of the West One -Half of the Southeast Quarter of the Northwest Quarter of Section 15, said point of intersection being 411.6 feet North of and 665.2 feet West of the center of said Section 15; thence South along the said East line of the West One -Half of the Southeast Quarter of the Northwest Quarter of Section 15, 177.25 feet, more or less, to a point in a line parallel to and distant 26.5 feet Northerly, by rectangular measurement, from the East and West center line of Section 15; thence West along said parallel line 663 feet, more or less, to a point in the West line of the said West One -Half of the Southeast Quarter of the Northwest Quarter of said Section 15; thence North along said West line of the West One -Half of the Southeast Quarter of the Northwest Quarter of Section 15, 174.95 feet, more or less to a point 201.45 feet South of said South line of the right of way now or formerly owned by St. Joseph, South Bend and Southern Railroad Company; thence Easterly along a straight line, 662.74 feet, more or less, to the point of beginning. PARCEL V All of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of Section 15, Township 37 North, Range 3 East lying South of the right of way now or formerly owned by the St. Joseph South Bend and Southern Railroad Company and being more particularly described as follows: Beginning at the Southeast corner of said Southwest Quarter (1/4) of said Northwest Quarter (1/4); thence West along the South line of said Southwest Quarter (1/4) of the said Northwest Quarter (1/4) a distance of 1327.393 feet to an iron pin at the Southwest corner of said Southwest Quarter (1/4) of said Northwest Quarter (1/4); thence North along the West line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) a distance of 395.098 feet to an iron pin in the South right of way line of the right of way now or formerly owned by said St. Joseph, South Bend and Southern Railroad by said St. Joseph, South Bend and Southern Railroad Company; thence East along the South right of way a distance of 1326.95 feet to the East line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) (which point is in the center line of Kaley Street); thence South along said East line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) a distance of 402.90 feet to the point of beginning. PARCEL VI - Beginning at a point on the West line of Kaley Street at the intersection of the South right of way line of St. Joseph, South Bend and Southern Railroad, thence South along the West line of Kaley Street, Four Hundred Two and Ninety- Hundredths (402.90) feet, more or less to the East -West center line of Section 15, Township 37 North, Range 3 East; thence East on said East -West center line Thirty (30) feet to the center line of Kaley Street; thence North along said center line Twenty -Six and Fifty Hundredths (26.50) feet; thence East parallel with said East -West center line of Section 15, Thirty (30) feet to the East line of Kaley Street; thence North Three Hundred Seventy -Six and Four Hundredths (376.40) feet, more or less, to said South right of way line of the St. Joseph, South Bend and Southern Railroad; thence West along said right of way line Sixty (60) 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 personal 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 resolutions at this time. Ernest Szarwark, attorney, indicated that Mastic Corporation planned a major expansion of their existing facilities. He indicated at least sixty new jobs to their current 234. He indicated this expansion will entail adding four new product lines,, an additional 125,000 square feet of warehouse space, adding research and development and office space, upgrading existing employee space, and adding ancillary machinery and equipment. Council Member Zakrzewski made.a motion to adopt Resolution No. 1444 -86, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 1445 -86, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1446 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 1220 SOUTH MAIN AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. REGULAR MEETING OCTOBER 13_, 1986 WHEREAS, a petition for personal property tax abatement consideration has been P filed with the Common Council of the City of South Bend, requesting that the area 01 commonly known as 1220 S. Main, South Bend, Indiana, and which is more particularly a described by a line drawn as follows: Lots 15 and 16 Stulls 3rd Edition a be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq.; and g 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 E 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. Melvin Reed, attorney, indicated he planned to purchase manufacturing equipment to be used in the direct manufacture of Mexican food products. He indicated he planned to hire eight new employees. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Braboy. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1447 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF S BEND, INDIANA, APPROVING A COMPREHENSIVE ZONING AND LAND USE PLAN FOR THE CITY WHEREAS, pursuant to I.C. 36 -7 -4 -507 and 36 -7 -4 -508, the Area Plan Commission of St. Joseph County, Indiana, has approved a comprehensive zoning and land use plan for the City of South Bend, and has certified such plan to the City of South Bend, a copy of which is on file in the Office of the City Clerk; and WHEREAS, pursuant to I.C. 36 -7 -4 -509, the Common Council may adopt a Resolution ". approving, rejecting, or amending the Comprehensive Plan by majority vote of the Council and such action is not subject to approval or veto my the Mayor: and ;f WHEREAS, the Common Council understands that pursuant to I.C. 36- 7- 4- 509(b), that such a comprehensive plan cannot become effective until a Resolution has been property adopted by the Council; and WHEREAS, the Common Council further understands that if such a Resolution is adopted, the City Clerk must place one (1) copy of the Comprehensive Plan on file inj the Office of the County Recorder; and WHEREAS, the Common Council of the City of South Bend, Indiana, is of the opinion that the adoption of such Comprehensive Plan is in the best interests of the citizens and residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,;:= INDIANA, AS FOLLOWS: E' REGULAR MEETING OCTOBER 13, 1986 SECTION I. The Comprehensive Zoning and Land Use Plan for the City of South Bend, Indiana, heretofore approved by the Area Plan Commission of St. Joseph County and certified to the City, a copy of which is marked Exhibit "A" and attached hereto and included herein, is hereby approved. SECTION 2. Pursuant to the provisions of I.C. 36 -7 -4 -509, the City Clerk of the City of South Bend is hereby directed to place one (1) copy of such Comprehensive Plan on file in the office of the St. Joseph County Recorder. SECTION 3. This resolution shall be in full force and effect from and after its adoption by the Common Council. /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Kathy Cekanski - Farrand, Council attorney, indicated that in light of the new State law which took effect September 1, 1986, this action is necessary to be taken by the Council in order to formally approve a comprehensive zoning and land use plan. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1448 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR 1987 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for Community Development Block Grant Funds under Title I of the Housing and Community Development Act of 1974, as amended. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to submit the 1987 Community Development Block Grant Application to the United States Government under Title I of the Housing and Community Development Act of 1974, as amended. SECTION II. That the Common Council of the City of South Bend, Indiana hereby requests that the Mayor submit the 1987 Community Development Block Grant Application to the Common Council for review and comment prior to the date upon which the Community Development Block Grant Application must be filed with the Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation received upon approval of this application. SECTION IV. 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. Don Inks, Director of Community Development, indicated this resolution would authorize the Mayor to submit the City's 1987 application for Block Grant Funds. He indicated the activities planned have been outlined in the Final Statement of Community Development Objectives and Projected Use of Funds. 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. BILLS, FIRST READING BILL NO. 105 -86 A BILL AMENDING THE METHOD OF COMPUTATION OF WASTEWATER RATES FOR APARTMENT COMPLEXES, HOTELS, MOTELS, AND MOBILE HOME PARKS AND AMENDING CHAPTER 17, ARTICLES 5 AND 6 BY AMENDING SECTION 17.47.1. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing October 27, and refer it to the Utilities Committee, seconded by Council Member Braboy. The motion carried. BILL NO. 106 -86 A BILL APPROPRIATING FUNDS IN THE AMOUNT OF $56,000.00 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing October 27, and refer it to the Personnel and Finance Committee, seconded by Council Member Braboy. The motion carried. REGULAR MEETING OCTOBER 13, 1986 BILL NO. 107 -86 A BILL AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED BUILDINGS. This bill had first reading. Council Member Puzzello made a motion to set this bi for second reading and public hearing October 27, and refer it to the Public Works Committee, seconded by Council Member Braboy. The motion carried. BILL NO. 108 -86 A BILL APPROPRIATING $2,540,246.00 FROM THE COMMUNITY DEVELOPME BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF T DIVISION OF COMMUNITY DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEA BEGINNING JANUARY 1, 1987 AND ENDING DECEMBER 31, 1987 TO BE ADMINISTERED THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Braboy made a motion to set this bill for second reading and public hearing October 27, and refer it to the Human Resources Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 109 -86 A BILL APPROPRIATING $4,000.00 IN THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND TO ACCOUNT NO. 399.0 BUILDINGS AND STRUCTURES, REPAIRS. This bill had first reading. Council Member Puzzello made a motion to set this bi� for second reading and public hearing October 27, and refer it to the Personnel an Finance Committee, seconded by Council Member Braboy. The motion carried. BILL NO. 110 -86 A BILL TRANSFERRING $150,000.00 AMONG VARIOUS ACCOUNTS WITHIN TF DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Braboy made a motion to set this bill' for second reading and public hearing October 27, and refer it to the Human Resources Committee, seconded by Council Member Zakrzewski. The motion carried. �l L1 BILL NO. 111 -86 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 25Q1 MISHAWAKA AVENUE IN THE CITY OF SOUTH BEND, INDIANA. II This bill had first reading. Council Member Taylor made a motion to refer to Area Plan, seconded by Council Member Zakrzewski. The motion carried. UNFINISHED BUSINESS this bill Council Member Puzzello made a motion to suspend the rules to introduce and have first reading on Bill No. 112 -86, seconded by Council Member Braboy. The motion carried on a roll call vote of nine ayes. BILL NO. 112 -86 A BILL AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "TRUCK ROUTES ". This bill had first reading. Council Member Puzzello made a motion to set this biz for second reading and public hearing October 27, seconded by Council Member Braboy. The motion carried. NEW BUSINESS Council Member Taylor indicated that modern wage negotiations demand that the City' hire a professional negotiator. He indicated the Council was not equipped to meet', and collectively bargain with paid officials. He indicated that in spite of the tremendous bill, of over $50,000, Daniel Rudy did an excellent job during negotiations. PRIVILEGE OF THE FLOOR Joseph Guentert, 3510 Corby, spoke regarding the bad paving job on Portage; revis parking hours downtown on Mondays from 9:00 a.m. to 5:30 p.m.; and the fact that Daniel Rudy should have notified the Council when he was over the $20,000 fee for wage negotiations. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Barcomel The motion carried and the meeting was adjourned at 9:15 p.m. ATTEST: City Clerk APPROVED: President 11