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HomeMy WebLinkAbout08-25-80 Council Meeting Minutes************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REGULAR MEETING AUGUST 25, 1980 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, August 25, 1980, 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, Szymkowiak, Beck Taylor, Kopczynski, Crone, Dombrowski, Voorde and McGann 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 August 18, 1980 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Lewis A. McGann /s/ Beverly D. Crone Council Member Serge made a motion that the minutes of the August 18, 1980, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING AUGUST 25, 1980 SPECIAL BUSINESS RESOLUTION NO. 801-80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING LOUIS A. TIEDGE FOR THE DEDICATED SERVICES HE PROVIDED THE COMMON COUNCIL DURING THE POLICE AND FIRE WAGE NEGOTIATIONS WHEREAS, LOUIS A. TIEDGE was contacted early in the Spring of 1980 to see if he would be interested in assisting the Common Council in the Police and Fire Wage Negotiations and l WHEREAS, LOUIS A. TIEDGE accepted the Council's offer and became a vital member of the!' Council's Wage Negotiation Team; and WHEREAS, he offered his time and professional advice willingly to the Council over a period of more than four months; and WHEREAS, his professional advice aided the Council in arriving at fair and equitable salary ordinances for both the Police and Fire Departments; and WHEREAS, in light of the fact that LOUIS A. TIEDGE has declined to be compensated in any way for the professional services he provided, the Common Council believes he should b publically commended for his dedication and hard work. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of theCity of South Bend, India as follows: SECTION I. That the Common Council of the City of South Bend, Indiana publically commend and thank Mr. Louis A. Tiedge for the dedicated professional services he provided the Council during the Police and Fire Wage Negotiations. SECTION II. That Mr. Louis A. Tiedge is a fine example of a hard - working and dedicat member of our community who contributed his time and services to the City. SECTION III. That the Common Council wishes Louis A. Tiedge continued success and a bright future. 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 /Joseph T. Serge /s /Walter M. Szymkowiak /s /Beverlie Beck /s /Louis A. McGann /s /Robert G. Taylor /s/ Walter M. Szymkowiak /s/ Beverly D. Crone /s/ Richard C. Dombrowski /s/ John Voorde A public hearing was held on the resolution at this time. Council President McGann, indicated this was to commend and thank Mr. Tiedge for the services he provided the Council during the police and fire wage negotiations. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Kopczynski. The resolution was adopted by a roll call vote of nine ayes. Council Member Dombrowski indicated the following were appointments to the Older Adults Council: Peter Downs - 1 year term Joseph Wroblewski - 1 year term Reedie White Cogdell - 1 year term Charles Dempsey - 3 year term Lehmon Haynes - 2 year term Harlan Noel - 2 year term Floyd Carter - 2 year term Mary Grubesich Louise Balint - Henry Locsmondy Charles Rhodes Nicholas Krill Clyde Williams 3 year term 3 year term - 3 year term 1 year term 1 year term 1 year term Council Member Kopczynski made a motion to appoint Gail Dowty, David Albert and Frank Yeandel to the Energy Commission, and Eugene Glod to the Police Promotion Board, seconded by Council Member Szymkowiak. The motion carried. REPORTS Council Member Voorde indicated that the Human Resouces and Economic Development Com- mittee had met and recommended that a declaratory resolution be submitted for Hablin and the ethanol plant. Council Member Serge indicated that the PUblic Works Committee had met on Bill No. 93 -80 and had approved this project. Council Member Szymkowiak indicated that there would be a continuation of the Utility Committee meeting at 7:00 p.m., September 8. Council Member Crone indicated that the Personnel and Finance Committee had met to finalize all matters on the budget. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Voorde. The motion carried. w REGULAR MEETING AUGUST 25, 1980 COMMITTEE OF TH$ WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, August 25, 1980, at 7:15 p.m., with nine members present. Chair- man Szymkowiak presiding. BILL NO. 87 -80 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (1028 E. WAYNE.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. John Oxian, Vice President of the Historic Preservation Commission, made the presentation for the bill. He indicated this building was architectually superior. He said the home also has historical significance, as it was built in 1822. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member McGann. The motion carried. BILL NO. 93 -80 A BILL APPROPRIATING $18,500.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8002, TRAFFIC PRE - EMPTOR AND MEDIAN MODIFI- CATION, WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated these improvements were necessary in order to allow access to Cleveland Road from Fire Station No. 11, and to improve the roadway to make safer conditions for vehicles passing through the intersection. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Dombrowski made a motion to rise and report to the Council, seconded by Council President McGann. The motion carried. ATTEST: '/" lr zljo'�� CITI 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 7:21 p.m. Council President McGann presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6823 -80 AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (1028 E. WAYNE). This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6824 -80 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSE OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGIN- NING JANUARY 1, 1981, AND ENDING DECEMBER 31, 1981, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. ORIDNANCE NO. 6825 -80 AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSE FOR THE FISCAL YEAR ENDING DECEMBER 31, 1981. These bills had second reading. Mr. Joseph Kernan, City Controller, read the following amendments to these bills: Page 48A - Grant Totals - General Fund 1981 Services Personal Services Contractual Supplies Materials Current Charges Current Obligations Properties $10,500,723 1,740,541 871,474 162,050 938,337 730,182 179,585 TOTAL 15,222,892 PROPOSED Proposed REGULAR MEETING AUGUST 25, 1980 REGULAR MEETING RECONVENED (CONTINUED) Page 111 - 1981 Tax Computations & Miscellaneous CORPORATION GENERAL MOTOR VEHICLE HIGHWAY FIRE PENSION POLICE PENSION 1. $15,222,892 $1,949,537 $1,549,350 $2,366016 5. 22,876,293 3,037,675 2,355,731 2,075,635 10. 12,423,701 61,537 876,113 758,137 11. 234 83 392 263 12. 12,423,935 61,620 876,505 758,400 1TE 3.145.3 .0156 .2219 .1920 Page 112 - 1981 Tax Computations & MIscellaneous Cumulative Sewer ill. 2,110,537 Page 114 Century Center Bd. of Mgrs. Operations Fund 1. $1,172,029 5. 1,701,029 Total 10. 314,256 Grand Total 11. 164 12. 314,420 Page 115 Estimates of 1981 Misc. Revenue Morris Civic -0- $700,730 1,265,554 $1,966,284 Page 118 - Proposed Levies ate .0796 Total levy on property 4.6673 Corporation General Page 116 - Misc. Revenues Proposed Levy Amount Raised 3,1453 12,423,935 is MVH Gasoline Tax Steet p Column B - $226,305 0.0156 61,620 ii Total $2,409,259 Firemen's Pension 0.2219 876,505 Page 119 - Comparative State. Policemen's Pension Proposed 1981 0.1920 758,000 r Corporation General 3.1453 Art Association Street 0.0156 34,365 j Firemen's Pension 0.2219 Century Center Policemen's Pension 0.1920 0,0796 314,420 Century Center 0.0796 Total 4.6673 TOTAL 4.6673 18,435,835 Page 120 l Corporation General 3.1453 Street 0.0156 Firemen's Pension 0.2219 Policemen's Pension 0.1920 Century Center 0.796 Council Member Crone made a motion made a motion to accept these amendments as presented, seconded by Council Member Dombrowski. The motion carried. Council Member Kopczynski made a motion to pass Ordinance No. 6824 -80, seconded by Council Member Beck. The ordinance passed by a roll call vote of nine ayes. Council Member Kopczynski made a motion to pass Ordinance No. 6825 -80, seconded by Council Member Beck. The ordinance passed by a roll call vote of nine ayes. ORDINANCE NO. 6826 -80 AN ORDINANCE APPROPRIATING $18,500.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8002, TRAFFIC PRE - EMPTOR AND MEDIAN MODIFICATION, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. REGULAR MEETING AUGUST 25 1980 r� REGULAR MEETING RECONVENED CONTINUED RESOLUTION NO. 802 -80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS, WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS BEACON HEIGHTS HOUSING AREA TO BE AN URBAN DEVELOPMENT AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT AND A DETERMINATION OF THE PUBLIC UTILITY AND BENEFIT OF THE PROJECT PROPOSED FOR TAX ABATE- MENT CONSIDERATION. WHEREAS, the Common Council of the City of South Bend has adopted a Declaratory Resolu- tion designating certain areas within the City as Urban Development Areas for purposes of tax abatement consideration; and WHEREAS, a Declaratory Resolution designating the area commonly known as BEACON HEIGHTS HOUSING AREA and more particularly described by a line drawn as follows: A part of the Northeast Quarter of Section No. 4, in Township No. 37 North, Range No. 2 East, lying and being in the City of South Bend, and described as follows, viz: PARCEL I: Beginning at a point measured North 64 degrees 3 minutes East 1013.70 feet along the center of Crumstown Road from the center of Section 4, Township 37 North, Range 2 East and 500 feet north of the center line of said Crumstown Road, said point being in the West- erly boundary of land now or formerly of Edward Krill hereinafter described as Parcel II; running thence in a Westwardly direction a distance of 720 feet to a point; thence in a Nor - thwardly direction at right angles to the last mentioned course a distance of 1237.89 feet to a point in a 16.5 foot alley; thence in an Eastwardly direction at right angles to the last mentioned course a distance of 122.44 feet to a point; thence in a Southwardly direction at right angles to the last mentioned course a distance of 140.34 feet to a point; thence in an Eastwardly direction at right angles to the last mentioned course a distance of 597.56 feet to a point; thence in a Southwardly direction at right angles to the last mentioned course a distance of 634.55 feet to a point being the Northwesterly corner of land now or formerly of Edward Krill hereinafter described as Parcel II; thence continuing in a Southwardly direction along the Westerly boundary of said Parcel II a distance of 463 feet to the point or place of beginning; together with all rights, title and interest of the present owner of land herein described in and to all streets and alleys adjoining said land. PARCEL II. Beginning at a point measured North 64 degrees 3 minutes East 1013.70 feet along the center of Crumstown Road from the center of Section 4, Township 37 North, Range 2 East, said point being the Southeasterly corner of land now or formerly of the Bendix Aviation Zorporation; running thence in a Northwardly direction along the Easterly boundary of said land of the Bendix Aviation Corporation a distance of 500 feet to a point being the South - aasterly corner of other land of said Aviation Corporation, hereinbefore described as Parcel I; thence continuing in a Northwardly direction along the Easterly boundary of said Parcel I a distance of 463 feet to a point; thence is an Eastwardly direction at right angles to the last mentioned course a distance of 768 feet to a point; thence in a Southwardly direction at right angles to the last mentioned course a distance of 630 feet to a point in the center line of Crumstown Road; thence in a Southwestwardly direction along the center line of Crums- town Road a distance of 838 feet to the point of beginning. EXCEPTING THEREFROM the following described property: % tract or parcel of land in the Northeast Quarter of Section No. 4 in Township No. 37 North, Range No. 2 East, situation in the City of South Bend described as follows, Viz: 3eginning in the center of Crumstown Avenue in said City of South Bend at a point North 64 degrees 3' East, a distance of 1013.7 feet from the center of said Section No. 4; thence due forth a distance of 500 feet; thence due West a distance of 720 feet; thence North a distance Df 552.32 feet for a place of beginning thence North a distance of 552.32 feet for a place of beginning of the land to be herein described; thence continuing North along the West line of 3eacon Heights, as recorded May 5, 1944 in Plat Book 15, page B in the office of the Recorder Df St. Joseph County, Indiana, a distance of 685.58 feet; thence South 89 degrees 56' East, a listance of 122.4 feet; thence South 0 degrees 02' West a distance of 140.13 feet; thence South 89 degrees 58' East a distance of 597.6 feet; thence South a distance of 545.44 feet; :hence South 89 degrees 49' west a distance of 253.17 feet; thence South a distance of 68.78 Eeet;thence West a distance of 213.75 feet; thence North a distance of 68.79 feet; thence South 89 degrees 49' West, a distance of 253.17 feet to the place of beginning. AND ALSO EXCEPTING THEREFROM other land described as follows: k tract of land located in the Northeast Quarter of Section 4, Township 37 North, Range 2 ;ast, more particularly described as follows: :ommencing at a point which is the intersection of the Southerly line of Lincoln Way West and =he West line of a right -of -way 19 feet in width as dedicated in the recorded Plat of Alward's addition to the City of South Bend; thence South along the West line of said 19 foot right - )f -way a distance of 633.09 feet to the point of beginning which is the Northeast corner of 3eacon Heights Addition; thence continuing South along the West line of said 19 feet right - )f -way a distance of 330 feet; thence West along a line at right angles to the line just iescribed a distance of 21 feet; thence North and parallel to said right -of -way a distance of 330 feet; thence East 21 feet to the point of beginning. Ls an Urban Development Area and WHEREAS, the Area Plan Commission has submitted to the Council its written order approving for the Declaratory Resolution to the Council; and WHEREAS, the Council held a public hearing for the purpose of hearing persons in savor of the proposed project and those remonstrators who were opposed to the proposed pro- ject; and REGULAR MEETING AUGUST 25 1980 WHEREAS, The Council has determined the public utility and benefit of the project. 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 Urban. Development Area for purposes of tax abatement consideration and confirms its determination of the project's public utility and benefit. 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/ Walter M. Szymkowiak Member of the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, attorney representing the petitioner, indicated that a declaratory resolution has been passed, and this is for the final granting of tax abatement for the project. He indicated that Area Plan has issued its favorable recommendation. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 803 -80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY ,RESOLUTION DESIGNATING CERTAINAREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE SOUTH- WESTERN CORNER OF GRANT STREET AND WEST WASHINGTON AVENUE AS AN URBAN DEVELOPMENT AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT AND A DETERMINATION OF THE PUBLIC UTILITY AND BENEFIT OF THE PROJECT FOR TAX ABATEMENT. WHEREAS, the Common Council of the City of South Bend has adopted a Declaratory Resolution designating certain areas within the City as Urban Development Areas for pur- poses of tax abatement consideration; and WHEREAS, a Declaratory Resolution designating the area commonly known as the South- western corner of Grant Street and West Washington Avenue, South Bend, Indiana, and more particularly described as follows: A parcel of land located in St. Joseph County, Indiana, in the Northeast Quarter of Section 10, Township 37 North, Range 2 East, Portgage Township, City of South Bend, Indiana, known as lots one (1) through five (5) inclusive, thirty (30) through thirty -nine (39) inclusive, forty -three (43) and forty -four (44) inclusive and parts of vacated streets and alleys in Arnold's First Addition, being more particularly described as follows, viz: Beginning at the intersection of the west right -of -way line of Grant Street and the South right -of -way line of West Washington Avenue (said point of intersection being also known as the Northeast corner of Lot one (1) in said Addition); thence north 89 degrees - 39' 53" West, along said South right -of -way line of West Washington Avenue, a distance of 200.0( feet to the Northwest corner of Lot five (5) and the West lines of Lots thirty (30) and thirty -nine (39) in said Addition, a distance of 421.41 feet to the Northerly right -of -way line of the Conrail Railroad (formerly Penn Central Railroad); thence South 64 degrees - 39' 26" East, along said Northerly right -of -way line a distance of 221.20 feet to said Northerly right -of -way line's intersection with said West right -of -way line of Grant Street; thence North 0 degrees - 03' -09" East, along said West right -of -way line, a distance of 514.92 feet to the place of beginning containing 2.15 acres more or less. is an Urban Development Area; and WHEREAS, the Area Plan Commission has submitted to the Council its written order ap- proving for the Declaratory Resolution to the Council; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council having been published pursuant to Indiana Code 18- 7 -7 -14; and WHEREAS, the Council held a public hearing for the purposes of hearing persons in favor of the proposed project and those remonstrators who were opposed to the proposed project; and WHEREAS, the Council has determined the public utility and benefit of the project. 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 de- signating the area described herein as an Urban Development Area for purposes of tax abate- ment consideration and confirms its determination of the project's public utility and benefit. SECTION II. 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 i REGULAR MEETING AUGUST 25, 1980 REGULAR MEETING RECONVENED (CONTINUED A public hearing was held on the resolution at this time. Mr. Ernest Szarwark, attorney representing the petitioners, indicated that a declaratory resolution has been passed. He said that a building will be built on the site which will be rented to the Urban League. Council Member Szymkowiak made a motion to adopt this resoluiton, seconded by Council MembE Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 804 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 225 -229 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA 46601, AS AN URBAN DEVELOPMENT AREA FOR PURPOSES OF TAX ABATEMENT CONSIDERATION. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bendpursuant to Section 2 -76 (2) of the Municipal Code requesting that the area commonly known as 225 -229 South Michigan Street, South Bend, Indiana, 46601, and which is more particularly described as follows: PARCEL I: A parcel of land 42 feet in width, North and South, taken off of the entire length of the North side of Lot Two Hundred and Eight -seven (287) as shown on the Original Plat of the Town, now CIty of South Bend, EXCEPT from said North 42 feet the North 5 -3/4 inches thereof. PARCEL II. A parcel of land Twenty -four (24) feet in width, taken off of the entire length of the South side of Lot Numbered Two Hundred and Eighty -seven (287) as shown on the Original Plat of the Town, now City of South Bend. be designated as an urban Development Area under the provisions of Indiana Code 6- 1.11.1 -1 and that the public utility and benefit of the project be determined; and WHEREAS, the Redevelopment Commission has conducted an investigation pursuant to Section 2 -77 of the Municipal Code and prepared a report determining that the area qualifi as an Urban Development Area under Indiana Code 6- 1.1- 12.1 -1 and has further prepared mapa and plats showing the boundaries and such other information as required by law of the area in question; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Urban Development 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 Urban Development Area and hereby adopts a resolution designating this area as an Urban Development Area for purposes of real property Tax Abatement. SECTION II. That the Common Council requests the City Clerk to submit this Resolution along with supporting data to the Area Plan Commission for its written order approving or disapproving this resolution. SECTION III. That the Common Council directs the City Clerk, upon receipt of the report of the Area Plan Commission to cause notice of the adoption of the resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Mr. Harold Brueseke, attorney for the petitioner, indicated that the old Frances Shop was being converted into a mini mall, and they were seeking tax abatement for the project. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 805 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS A PARCEL OF LAND IN THE SOUTHWESTERN PORTION OF THE CITY AS AN URBAN DEVELOPMENT AREA FOR PURPOSES OF TAX ABATEMENT CONSIDERATION. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bendpursuant to Chapter 2, ARticle 6, Section 2 -76 (a) of the Municipal Code requesting that the area commonly known as: A Parcel of Land in the Southwestern Portion of the City, and which more particularly described by a line drawn as follows: PARCEL I. A parcel of property in St. Joseph County, Indiana, Section 16, Township 37 North, Range 2 East including the east one -half of the northeast one - quarter of the south- west one - quarter of Section 16 and the north one -half of the southeast one - quarter of Section 16, REGULAR MEETING AUGUST 25, 1980 REGULAR MEETING RECONVENED (CONTINUED EXCEPTING therefrom a certain tract of land described as beginning at the northeast corner of the southwest quarter of said Section 16; thence south 33 feet, thence west 16 feet; thence south parallel with the east line of said Section 16 367 feet, thence west parallel with the centerline of said Section 16, to the east line of the right -of -way of the New Jersey, Indiana and Illinois Railroad Company as the same has been and is now located; the: northeasterly along the easterly line of said right -of -way to the east and west centerline of said Section 16 to the east line thereof and the place of beginning containing 27.017 acres, more or less, and conveyed to the New Jersey, Indiana and Illinois Railroad Company be deeds recorded respectively in Deed Record 164, Page 140 and Deed Record 164, Page 140 and Deed Record 193, Page 191, of the records of St. Joseph County, Indiana; AND ALSO EXCEPTING, therefrom the right -of -way of the New Jersey, Indiana and Illinois Railroad Company and the Penn Central Railroad, and now known as Conrail. Subject to all legal highways, the total parcel containing 70 acres, more or less, be designated as an Urban Development Area under the provisions of Indiana Code 6 -1.1 -11.1 -1, and that the public utility and benefit of the project be determined; and WHEREAS, the Redevelopment Commission has conducted an investigation pursuant to Section 2 -77 of the Municipal Code and prepared a report determining that the area here - tofore described did quality as an Urban Development Area under Indiana Code 6 -1.1- 12.1 -1; and that the Commission has prepared maps and plats showing the boundaries and such other information as required by law of the area in question; and WHEREAS, the Human Resources and Economic Development Committee of the South Bend Com- mon Council has reviewed said report and recommended to the Common Council that the area qualifies as an Urban Development Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indian 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 Urban Development Area, and hereby adopts a Resolution designating this area as an Urban Development Area for purposes of real property Tax Abatement. SECTION II. That the Common Council requests the City Clerk, upon receipt of the re- port of the Area Plan Commission 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 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 /John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Mr. Richard Mintz, attorney representing the petitioner, indicated this tax abatement would be for the ethanol plant. He indicated they would employ 150 on -site employees. 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. 806 -80 A RESOLUTION APPROVING THE SALE OF REAL ESTATE FOR LESS THAN THE APPRAISED VALUE. WHEREAS, real estate located at 1245 Van Buren Street, South Bend, described as Lot Numbered Five (5) as shown on the recorded plat of Ward's Subdivision of Lots-Numbered One Hundred and Six (106), One Hundred and Seven (107), One Hundred and Eight (108), One Hundred and Nine (109) and One Hundred and Ten (110) in Cushing's Fifth Addition of the City of South Bend, St. Joseph County, Indiana, is now Vacant and the Common Council has heretofore approved its sale as surplus city real estate; and WHEREAS, this real estate has been appraised for Five Hundred Fifty Five Dollars (555.00) and has been offered for sale by the City; and WHEREAS, the prospective purchaser of said said real estate, being a neighbor who desires to construct a garage on the property, has sought to obtain title insurance on the property preparatory to purchase, but the title has been determined to be unmerchan -1 table because of certain defects in the filing of the original mechanic's lien by the contractor hired by the City to demolish a substandard structure thereon, and the City foreclosure action on the mechnaic's lien and purchased by the City at sheriff's sale, has, therefore, resulted in the City obtaining title to the real estate which is defective and unmerchantable; and WHEREAS, the City has expended court costs in the amount of $55.00 in the mechanic's lien foreclosure action, and a $65.00 appraisal fee, and the propective purchaser has offered to pay this expense of $120.00 to the City as purchase price for this property, and WHEREAS, Section 14.5 of the Municipal Code of the City of South Bend request approval of the Common Council for the City to sell surplus real estate for less than its full appraised value. ice L, REGULAR MEETING AUGUST 25, 1980 REGULAR MEETING RECONVENED (CONTINUED Indiana: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, SECTION I. The Common Council of the City of South Bend has hereby authorized the sale of real estate located at 1245 Van Buren Street, South BEnd, Indiana, and des- cribed as Lot Numbered Five (5) as shown on the recorded Plat of Ward's Subdivision of Lots Numbered One Hundred and Six (106), One Hundred and Seven (107), One Hundred and Eight (108), One Hundred and Nine (109) and One Hundred and Ten (110) in Cushing's Fifth Addition in St. Joseph County, Indiana, for the sum of One Hundred Twenty ($120.00); being less thatn the full appraised value thereof. SECTION II. This Resolution shall be in full force and effect from and after its passage by the Common Council, and its approval by the Mayor. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Richard Hill, City Attorney, in- dicated they were asking the Council to approve the sale of a parcel of property located at 1245 Van Buren, at less than the appraised value. He indicated there was a problem with the title and it has been determined to be unmerchantable. He indicated they were propos- ing the property be sold for court costs of $55 and a $65 appraisal fee, for a total of $120. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 807 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE BOARD OF PUBLIC WORKS TO NEGOTIATE THE SALE OF LOTS 74, 94 AND 96 IN WEST END SUBDIVISION COMMONLY KNOWN AS 2505, 2601 AND 2609 LAWTON STREET. WHEREAS, the Board of PUblic Works of the City of South Bend, pursuant to the Municipal Code of the City of South Bend, Chapter 14.5 has offered for sale Lots 74, 94 and 96 in the West End Subdivision, commonly known as 2505, 2601 and 2609 Lawton Street, at an offering price of $835.00 each; and WHEREAS, the Board of Public Works of the City of South Bend has now received an offer to purchase the property at 2505 Lawton Street for $200.00; and the properties at 2601 and 2609 Lawton Street for $250.00 each, or a total of $700.00. In addition, the City of South Bend would receive from the prospective purchaser a deed for a portion of Lot 82 in the West End Subdivision which the city is interested in acquiring in order to improve the Meade Street- Bendix Drive intersection, in conjunction with the Orange - Colfax Connector; and WHEREAS, the Board of Public Works has now complied with all requirements of the Municipal Code of theCity of South Bend, Chapter 14.5, which establishes procedures for the disposition of real property owned by the City of South Bend, and more specifically real property valued by the Board at less than $1,000.00. that NOW, THEREFORE, BE IT RESOLVED by the Common Council of the CIty of South Bend SECTION I. The Board of Public Works be authorized to negotiate a contract for the sale of: Lot 74 as shown on the recorded Plat of West End Subdivision in Section 10, Township 37 North, Range 2 East in City of South Bend; Lot No. 94 as shown on the recorded Plat of Citizens Land Company's West End Subdivision in City of South Bend; and Lot No. 96, West End Subdivision in City of South Bend for a total price of $700.00, plus the transfer to the City of South Bend a portion of Lot 82 in the West End Subdivision. 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 /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Patrick McMahon, Director of Public Works, indicated that the appraisal price for these lots was $2,300, however, the lots are currently in a state of disrepair. He indicated that the proposed purchaser had offered $700 for the lots, and in addition would deed a portion of Lot 82 in the West End Subdivision to the City, in order to improve the Meade Street - Bendix Drive intersection, Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of nine ayes. REGULAR MEETING AUGUST 25, 1980 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION NO. 808 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE BOARD OF PUBLIC WORKS TO APPROVE THE SALE OF LOTS NUMBERED 20 AND 21 OF J. MILLER'S ADDITION TO THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 2222 LINCOLN WAY WEST TO YOUTH FACILITIES, INC. WHEREAS, the Board of Public Works of the City of South Bend, pursuant to the Municipal Code of the City of South Bend, Chapter 14.5 has offered for sale Lots 20 and 21 of J. Miller's Addition to the City of South Bend, commonly known as 222 LIncoln Way West, at an offering price of $28,880.00; and WHEREAS, the Board of Public Works of the City of South Bend has advertised for and received sealed bids for the purchase of said property; and WHEREAS, The board of Public Works did not receive a bid equal to or greater than the appraised value; and WHEREAS, the Board of Public Works did receive the attached bid from Youth Facilities, Inc., to purchase the property for $20,000.00; and WHEREAS, the Board of Public Works has now complied with all requirements of the Municipal Code of the City of South Bend, Chapter 14.5, which establishes procedures for the disposition of real property owned by the City of South Bend, and more specifically real property valued by the Board at more than $1,000.00. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that: SECTION I. The Board of Public Works be authorized to negotiate a contract for the sale of Lots Numbered 20 and 21 of J. Miller's Addition to the City of South Bend, commonly known as 2222 Lincoln Way West. for a total price of $20,000.00, subject to the restrictions set out in the specifications for sale previously established by the Board of Public Works. 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 /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Joseph Kernan, City Controller, indicated this resolution would permit the transfer of ownership. He indicated that the $20,000 purchase price will be combined with a Federal LEAA grant in a like amount, which will. be used to renovate the old fire station. He said after the purchase price is repaid to Youth Facilities the property will revert back to the Board of Public Works. Council MEmber Szymkowiak made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 98 -80 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (5450 MIAMI.) This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 99 -80 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (815 ARCH.) This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 100 -80 A BILL TRANSFERRING $105,000.00 FROM PROJECT R &S 53, SAMPLE STREET, CHAPIN TO OLIVE, WITHIN THE LOCAL ROAD AND STREET FUND, TO PROJECT R &S 8000, SCARIFICATION AND REFSURFACING IN THE AMOUNT OF $35,000.00 AND TO R &S 8003, MCKINLEY /MANCHESTER SIGNALIZATION IN THE AMOUNT OF $70,000.00. BOTH PROJECTS WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading September 15, 1980, seconded by Council Member Crone. The motion carried. REGULAR MEETING AUGUST 25, 1980 REGULAR MEETING RECONVENED (CONTINUED UNFINISHED BUSINESS Report from Area Plan - Bill No. 86 -80 Upon a motion by Joseph Serge, being seconded by Patrick McMahon, and unanimously carried, the proposed ordinance initiated by Councilman Beverlie J. Beck, to zone the River Park neighborhood from "A ", "A -1" and "B" Residential, "C" Commercial and "D" Light Industrial, "A" and "E". Height and Area to "A" and "B" Residential, "C" Commercial and "D" Light Industrial, "A" Height and Area, property located south of Mishawaka Avenue, west of Logan Street, north of the St. Joseph River and east of Louise Street, City of South Bend, is sent to the Common Council with a favorable recommendation. Council Member Beck made a motion to set this September 15, 1980, seconded by Council Member President McGann indicated that Ordinance No. properly, therefore, it was necessary to have ORDINANCE NO. 6818 -80 bill for public hearing and second reading Serge. The motion carried. Council 6818 -80 and 6820 -80 were advertised in- public hearing on the ordinances again. AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE YOUTH SERVICE BUREAU "SHELTER ", FOR THE FISCAL YEAR BEGINNING 7 -1 -80 AND ENDING 6- 30 -81, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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 Kopczynski 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. 6820 -80 AN ORDINANCE APPROPRIATING $43,513.00 OF TITLE XX GRANT MONIES AND STATE YOUTH SERVICE BUREAU FUNDS FROM THE CITY OF SOUTH BEND YOUTH SERVICE BUREAU FUND FOR VARIOUS YOUTH SERVICE BUREAU ACTIVITIES DURING THE PERIOD JULY 1, 1980 THROUGH JUNE 30, 1981. 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 Kopczynski made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. NEW BUSINESS Dr. Brooks Crofoot, Director of Emergency was speaking for all the hospitals in the countywide national disaster program. He complish. He-indicated they would have a involve several hundred participants, at see if this program will work. Services, area. He said this learning Some point St. Joseph Hospital, indicated he indicated they have developed a has taken eighteen months to ac- disaster on September 13, which will in St. Joseph County, in order to There being no further business to come before the Council, unfinished or new, Council Member Dombrowski made a motion to adjourn, seconded by Council Member Kopczynski. The motion carried and the meeting was adjourned at 8:00 p.m. ATTEST: APP VED: CITY CLERK PR ID T