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HomeMy WebLinkAbout10-13-80 Council Meeting MinutesREGULAR MEETING OCTOBER 13, 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, October 13, 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 respect- fully report that it has inspected the minutes of the September 15, 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 September 15, 1980, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING OCTOBER 13, 1980 SPECIAL BUSINESS Council President McGann welcomed the Government Class from Washington High School. REPORTS Council Member Taylor indicated that the Public Safety Committee had met and give a favorable recommendation to Bill No. 107 -80. Council Member Crone gave the Personnel and Finance Committee report. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, October 13, 1980, at 7:06 p.m., with nine members present.. Chairman Szymkowiak presiding. BILL NO. 104 -80 A BILL APPROVING THE FORM AND TERMS OF TRUST INDENTURE AND USER AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLU- TION NO. 18 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE SMITH WHITE CO. PROJECT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for -the Economic Development Commission, made the presentation for the bill. He ,indicated this $435,999 bond issue would be used to finance the acquisition and improvements of a com- mercial building located on South Street. He indicated that six new jobs would be created. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 105 -80 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, INDENTURE OF TRUST, SECURITY AGREEMENT AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 19 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COM- MISSION RELATING TO THE RACONIK LEASING, AN INDIANA PARTNERSHIP, PROJECT. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this bill should be amended by substituting a new bill filed with the City Clerk. Council Member Serge made a motion to accept this bill, seconded by Council Member Beck. The motion carried. Mr. Fedder indicated this $400,000 issue would be used for acquisition of machinery which will be leased to Adams Engineering. He indicated four jobs will be created. Council Member Serge made a motion to recommend this bill to the Council favorab] seconded by Council Member Dombrowski. The motion carried. BILL NO. 97 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (3610 -3720 MIAMI.) This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Mr. Phillip Faccenda, attorney representing the petitioners, made the presentation for the bill. He indicated this would be a partial rezoning of twelve acres. He indicated that thirty -four single family units would be developed Dean William Johnson, of the University of Michigan, explained the design of the proposed project. Lon Newton, 56737 Pine Road, spoke against this rezoning. Council President McGann made a motion to amend this bill by substituting a new bill filed with the City Clerk, to correct the legal description, seconded by Council Member Dombrowski. The motion carried. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 103 -80 A BILL TRANSFERRING $600.00 AMONG THE VARIOUS BUDGET CLASSIFICATIONS OF THE DEPARTMENT OF LAW WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearingon the above bill, proponents and op- ponents were given an opportunity to be heard. Mr. Richard Hill, City Attorney, made the presentation for the bill. He indicated this transfer would be used to purchase law books. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. BILL NO. 106 -80 A BILL AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 17 ENTITLED RATES CHARGED FOR PUBLIC RECORDS AND FEES CHARGED FOR LEGAL ADVERTISEMENT. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Council Member Voorde indicated the ori- ginal bill filed was being amended to address only the fees charged for legal advertisement in three areas; rezonings, tax abatement and annexations. He made a motion to substitute the amended bill, as submitted to the City Clerk, seconded by Council Member Taylor. The motion carried. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. F1 REGULAR MEETING OCTOBER 13, 1980 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 107 -80 A BILL AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COM- MONLY REFERRED TO AS FOOD VENDING VEHICLES. 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 Dombrowski made the pre - sentation for the bill. He indicated his bill would basically do three things: require proof of liability insurance coverage for vendors operating food vending vehicles; require amber lights rather than red lights on each vehicle; require motorists to slow down rather than stop when approaching a stopped food vending vehicle which had its horizontal arm extended and lights flashing. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. BILL NO. 108 -80 A BILL AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED RESTRICTED PARKING OF TRUCKS HAVING MORE THAN ELEVEN THOUSAND (11,000) POUNDS DE- CLARGED GROSS VEHICLE WEIGHT. 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 Dombrowski indicated that the original bill was being amended to correct the proper article and sections in the code, as well as adding, in Section 2 -118, "A -3" and "B -1" residential districts. He indicated this bill calls for a $50 ticket for the first offense and $100 tickets for all subsequent offenses. He indicated that all trucks over 11,000 pounds when empty, whether commercial or non - commercial, would be governed by the restricted parking provision. Hildegard Zemlyak 1903 Franklin, indicated that the Rum Village Neighborhood Association was in favor of this bill. Lon Newton, 53737 Pine Road, agreed that the bill should be passed, but some thought. should be given to the businessman who was going to be subjected to these fines. Dick Kessler, 1403 Oak Mill, asked for, and received a clarification of this bill. Council Member Serge made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member McGann. The motion carried. BILL NO. 110 -80 A BILL APPROPRIATING $14,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS PUBLIC SAFETY PROGRAMS TO BE ADMINSITERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for opponents were given an opportunity to indicated this appropriation would be the St. Joseph County Humane Society. the City was getting its money's worth a motion to recommend this bill to the The motion carried. public hearing on the above bill, proponents and be heard. Michael Vance, Deputy City Controller, used to pay for thel980 contractual services with Council Member Dombrowski indicated he did not feel from the Humane Society. Council Member McGann made Council favorable, seconded by Council Member Serge. BILL NO. 109 -80 A BILL APPROPRIATING $250,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE PURCHASE OF GASOLINE, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for publichearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Michael Vance, Deputy City Controller, made the presentation for the bill. He indicated these funds would be used to purchase gasoline for the balance of 1980. Council Member Serge made a motion to recommend this bill.to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 110 -80 A BILL APPROPRIATING MONIES FOR THE PURCHASE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1981 AND ENDING DECEMBER 31, 1981, 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 op- ponents were given an opportunity to be heard. Mr. John Leszczynski, Director of Public Works, made the presentation for the bill. He reading the following amendments to the bill: Parking Garage - reduce 251 to $10,000 - Total 0200 - $69,700 - Total Center $471,414 Solid Waste - reduce 110 to $373,107 - Total 110 - $403,197 - Total Center $659,403 Water Works - reduce 110 to $1,710,406 -Total 110- $1,851,828 - Total Center $3,700,037 WasteWater - reduce 110 to $892,658 - Total 110 - $1,064,658 - Total Center $2,604,578 Sewage Works - reduce 110 to $105,840 - Total 110 - $ 572,047 - Total Center $1,180,571 Council Member McGann made a motion to amend this bill, seconded by Council Member Serge. The motion carried. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. M-6 REGULAR MEETING OCTOBER 13, 1980 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 112 -80 A BILL TRANSFERRING $752.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE HUMAN RIGHTS COMMISSION FEDERAL FUND. This being the time heretofore set for public hearing on the above bill, proponents and op ponents were given an opportunity to be heard. Larry Johnson, Executive Director of Human Rights, indicated that this transfer was necessary to carry the Commission through its current year. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 113 -80 A BILL TRANSFERRING $2,731.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE HUMAN RIGHTS COMMISSION FEDERAL FUND. This being the time heretofore set for public hearing on the above bill, proponents and op ponents were given an opportunity to be heard. Larry Johnson, Executive Director of Human Rights, indicated that this transfer was necessary to carry the Commission through its current year. Council Member Voorde 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 Kopczynski made a mtoion to rise and report to the Council and recess, seconded by Council Member Dombrowski. The motion carried and the meeting was recessed at 8:25 p.m. ATTEST: CITY CLERK REGULAR MEETING RECONVENED ATTEST: CHAIRMAN 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 8:40 p.m. Council President McGann presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 6832 -80 AN ORDINANCE APPROVING THE FORM AND TERMS OF TRUST INDENTURE AND USER AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 18 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE SMITH WHITE CO. PROJECT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6833 -80 AN ORDINANCE APPROVING THE FORM AND TEMRS OF LOAN AGREEMENT, INDENTURE OF TRUST, SECURITY AGREEMENT AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THEEXECUTION THEREOF, AND APPROVING RESOLUTION NO. 19 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE RACONIK LEASING, AN INDIANA PARTNERSHIP PROJECT. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll callvote of nine ayes. ORDINANCE NO. 6834 -80 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONOY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE (3610 -3720 MIAMI.) This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6835 -80 AN ORDINANCE TRANSFERRING $600.00 AMONG THE VARIOUS BUDGET CLASSIFICATIONS OF THE DEPARTMENT OF LAW WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had second reading. 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. ORDINANCE NO. 6836 -80 AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA; BY THE INCLUSION OF NEW ARTICLE 17 ENTITLED FEES CHARGED FOR LEGAL ADVERTISEMENT. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Beck made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING OCTOBER 13, 1980 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6837 -80 AN ORDINANCE AMENDING VARIOUS SECTIONS WITHIN CHAPTER 10, ARTICLE 3 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY REFERRED TO AS FOOD VENDING VEHICLES. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Kopczynski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6838 -80 AN ORDINANCE AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED RESTRICT PARKING OF TRUCKS HAVING MORE THAN ELEVEN (11,000) POUNDS DECLARED GROSS VEHICLE WEIGHT. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended, in the Committee of the whole, seconded by Council Member Beck. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6839 -80 AN ORDINANCE APPROPRIATING $250,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE PURCHASE OF GASOLINE,-TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF AD- MINISTRATION AND FINANCE. This bill had second reading. 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. ORDINANCE NO. 6840 -80 AN ORDINANCE APPROPRIATING $14,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS PUBLIC SAFETY PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRA- TION AND FINANCE. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Kopczynski. The bill passed by a roll call vote of seven ayes and two nays (Council Members Szymkowiak and Dombrowski). ORDINANCE NO. 6841 -80 AN ORDINANCE APPROPRIATING MONIES Fi THE SEVERAL DEPARTMENTS OF THE CITY SOUTH BEND, INDIANA, FOR THE FISCAL 1981, AND ENDING DECEMBER 31, 1981, CLAIMS AND OBLIGATIONS AND FIXING A TAKE EFFECT. DR THE PURPOSE OF DEFRAYING GOVERNMENT OF THE CITY OF YEAR BEGINNING JANUARY 1, INCLUDING ALL OUTSTANDING TIME WHEN THE SAME SHALL This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Crone. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6842 -80 AN ORDINANCE TRANSFERRING $752.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE HUMAN RIGHTS COMMISSION FEDERAL FUND. This bill had second reading. Council Member Taylor made a motion to pass the bill, seconder by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6843 -80 AN ORDINANCE TRANSFERRING $2,731.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING ITHIN THE HUMAN RIGHTS COMMISSION FEDERAL FUND. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 822 -80 AN INDUCEMENT RESOLUTION RELATING TO THE NILES AVENUE PARTNERSHIP PROJECT. WHEREAS, pursuant to I.C. 18- 6 -4.5, the Common Council of the City of South Bend, Indiana, created the South Bend Economic Development Commission, which Commission has here- tofore investigated, studied, surveyed and reported to the Mayor and the Common Council of the City of South Bend, Indiana, that a need exists in the community for additional job opportunities and commercial and industrial diversification within the City of South Bend, Indiana, and in order to improve and promote job opportunities, commercial diversification and the general welfare of the area within the City of South Bend, Indiana, a financing agreement should be entered into with "Niles Avenue Partnership" or its assigns, relating to a project to be known as the " NILES AVENUE PARTNERSHIP PROJECT and WHEREAS, Niles Avenue Partnership is an Indiana Limited Partnership which was formed to engage in the trade or business of acquiring of real estate and holding for investment and development of improved or unimproved real estate and is presently the owner of land located on Jefferson Boulevard and Niles Avenue in the City of South Bend, Indiana, and desires to restore, rehabilitate and develop the present commercial buildings located thereon for mixed retail and /or office areas containing approximately Twenty -one Thousand (21,000) square feet and to lease said areas to commercial enterprises and tenants, which project is anticipated to create Twenty -five (25) new jobs; and, further, to retire and pay in full a prior industrial revenue bond issue in the amount of Seven Hundred Fifty Thousand ($750,000.00) Dollars passed by the Common Council of the City of South Bend, Indiana, on December 3, 1979; and WHEREAS, to induce Niles Avenue Partnership, or its assigns, to become the principal user of such economic development facilities, the Common Council of the City of South Bend REGULAR MEETING OCTOBER 13, 1980 REGULAR MEETING RECONVENED (CONTINUED desires to adopt this resolution; and WHEREAS, it is apparent that the development of the "Niles Avenue Partnership Project" will increase job opportunities and commercial diversification in South Bend, Indiana, resulting in a benefit to the welfare of the public in the City of South Bend, Indiana, and in St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. Section I. That approval is hereby given to the application of Niles Avenue Partnership, or its assigns, relating to the retirement and payment of the prior Industrial Revenue Bond issue of Seven Hundred Fifty Thousand ($750,000.00) Dollars, and the further restoration, rehabilitation and development of such economic development facilities under an arrangement whereby the cost of such prior Industrial Revenue Bond issue and restoration, rehabilitation and development would be paid from the proceeds of the Industrial Revenue Bonds to be issued by the City of South Bend, Indiana,.for an amount not exeeding One Million ($1,000,000.00) Dollars, repaymable with interest thereon over a period of time and with a maturity date which does not exceed beyond Twenty (20) Years after the issue date. 2. Section 2. In order to encourage, induce and solicit such application by Niles Avenue Partnership for such Industrial Revenue.Bond issue relating to the retirement and payment of the prior Industrial'Revenue,_Bond issue and restoration, rehabilitation and development of such economic development facilities, the South Bend Economic Development Commission on behalf of the City of South Bend, shall proceed to cooperate with and take such action as may be necessary in the approval and drafting of documents or the performing of such other acts as will facilitate the issuance of such Industrial Revenue Bonds by the City of South Bend to provide funds to be used in the land purchase and restoration, re- habilitation development of such economic development facilities. 3. Section 3. Any costs or expenses incurred in connection with said "Niles Avenue Partnership Project" shall be included in the project costs and reimbursed from the proceed: of the Industrial Revenue Bonds to be issued with respect.thereto. 4. Section 4. This resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend and approved by the Mayor. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated this $1,000,000 bond issue would be used to retire the $750,000 bond issued in December. He indicated that the developers intended to restore and rehabilitate a commercial building located at Jefferson and Niles Avenue. Council Member Serge 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. 823 -80 INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO THE BREMEN IRON & METAL CO., INC. WHEREAS, pursuant to I.C. 18- 6 -4.5, the Common Council of the City of South Bend, Indiana, created the South Bend Economic Development Commission, which Commission, fol- lowing an investigation and survey, has dtermined that need exists in the community for additional job opportunities and commercial and industrial diversification. That, in order to improve and promote job opportunities, commercial diversification and the general welfarf of the community certain contractual agreements should be entered into with Bremen Iron & Metal Co., Inc., relating to its acquisition, building, remodeling and purchase of equip- ment for an economic development facility located at 1120 West Sample Streeet in the City of South Bend, Indiana; and WHEREAS, the economic welfare of the City would be benefited by the acquisition and remodeling of economic development facilities pursuant to the provisions of Indiana Code 18 -6 -4.5 (the "Act "); and WHEREAS, Bremen Iron & Metal Co., Inc., an Indiana corporation ( "Bremen ") purposes to acquire, build, remodel and purchase equipment for an economic development facility as defined in the Act for metal waste processing and brokerage if the City will finance costs of such economic development facilities pursuant to theAct and it is apparent that the development of this project will increase job opportunities and commercial diversification in the City of South Bend, Indiana, resulting in benefit to the welfare of the public in the City of South Bend St. Joseph County, Indiana; and WHEREAS, to induce Bremen..to develop this project and become the principal user thereof, the South Bend Common Council desires to adopt this..resolution. NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: 1. Approval is hereby given to the application of Bremen relating to the acquisition of such economic development facilities, the remodeling of certain of those facilities and the installment of other such facilities wherein Industrial Revenue Bonds would be issued by the City of South Bend, Indiana for an amount not exceeding Four Million Dollars ($4,000; 000,000.00), payable with interest thereon at the rate not to exceed ten and one -half per- cent (10 1/2 %) per annum, over a term not to exceed fifteen (15) years from and after the economic.development facilities are all placed in use. till REGULAR MEETING OCTOBER 13, 1980 REGULAR MEETING RECONVENED (CONTINUED desires to adopt this resolution; and WHEREAS, it is apparent that the development of the "Niles Avenue Partnership Project" will increase job opportunities and commercial diversification in South Bend, Indiana, resulting in a benefit to the welfare of the public in the City of South Bend, Indiana, and in St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. Section I. That approval is hereby given to the application of Niles Avenue Partnership, or its assigns, relating to the retirement and payment of the prior Industrial Revenue Bond issue of Seven Hundred Fifty Thousand ($750,000.00) Dollars, and the further restoration,_ rehabilitation and development of such economic development facilities under an arrangement whereby the cost of such prior Industrial Revenue Bond issue and restoration, rehabilitation and development would be paid from the proceeds of the Industrial Revenue Bonds to be issued by the City of South Bend, Indiana, for an amount not exeeding One Million ($1,000,000.00) Dollars, repaymable with interest thereon over a period of time and with a maturity date which does not exceed beyond Twenty (20) Years after the issue date. 2. Section 2. In order to encourage, induce and solicit such application by Niles Avenue Partnership for such Industrial Revenue Bond issue relating to the retirement and payment of the prior Industrial'Revenue Bond issue and restoration, rehabilitation and development of such economic development facilities, the South Bend Economic Development Commission on behalf of the City of South Bend, shall proceed to cooperate with and take such action as may be necessary in the approval and drafting of documents or the performing of such other acts as will facilitate the issuance of such Industrial Revenue Bonds by the City of South Bend to provide funds to be used in the land purchase and restoration, re- habilitation development of such economic development facilities. 3. Section 3. Any costs or expenses incurred in connection with said "Niles Avenue Partnership Project" shall be included in the project costs and reimbursed from the proceed of the Industrial Revenue Bonds to be issued with respect.thereto. 4. Section 4. This resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend, and approved by the Mayor. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr..Kenneth Fedder, attorney for the Economic Development Commission, indicated this $1,000,000 bond issue would be used to retire the $750,000 bond issued in December. He indicated that the developers intended to restore and rehabilitate a commercial building located at Jefferson and Niles Avenue. Council Member Serge 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. 823 -80 INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO THE BREMEN IRON & METAL CO., INC. WHEREAS, pursuant to I.C. 18- 6 -4.5, the Common Council of the City of South Bend, Indiana, created the South Bend Economic Development Commission, which Commission, fol- lowing an investigation and survey, has dtermined that need exists in the community for additional job opportunities and commercial and industrial diversification. That, in order to improve and promote job opportunities, commercial diversification and the general welfare of the community certain contractual agreements should be entered into with Bremen Iron & Metal Co., Inc., relating to its acquisition, building, remodeling and purchase of equip- ment for an economic development facility located at 1120 West Sample Streeet in the City of South Bend, Indiana; and WHEREAS, the economic welfare of the City would be benefited by the acquisition and remodeling of economic development facilities pursuant to the provisions of Indiana Code 18 -6 -4.5 (the "Act "); and WHEREAS, Bremen Iron & Metal Co., Inc., an Indiana corporation ( "Bremen ") purposes to acquire, build, remodel and purchase equipment for an economic development facility as defined in the Act for metal waste processing and brokerage if the City will finance costs of such economic development facilities pursuant to theAct and it is apparent that the development of this project will increase job opportunities and commercial diversification in the City of South Bend, Indiana, resulting in benefit to the welfare of the public in the City of South Bend St. Joseph County, Indiana; and WHEREAS, to induce Bremen,.to develop this project and become the principal user thereof, the South Bend Common Council desires to adopt this.resolution. NOW, THEREFORE, the Common Council of the City of South Bend,. Indiana resolves as follows: 1. Approval is hereby given to the application of Bremen relating to the acquisitiol of such economic development facilities, the remodeling of certain of those facilities and the installment of other such facilities wherein Industrial Revenue Bonds would be issued by the City of South Bend, Indiana for an amount not exceeding Four Million Dollars ($4,000 000,000.00), payable with interest thereon at the rate not to exceed ten and one -half per- cent (10 1/2 %) per annum, over a term not to exceed fifteen (15) years from and after the economic.development facilities are all placed in use. a . REGULAR MEETING OCTOBER 13, 1980 REGULAR MEETING RECONVENED (CONTINUED 2. In order to encourage, induce and solicit such application by Bremen for !.such Industrial Revenue Bond issue relating to its acquisition of such Economic Development Facilites and the remodeling of certain of those facilities , the South Bend Common shall proceed to cooperate with and take such action as may be necessary in the drafting of documents or the performance of such other acts as will facilitate the issuance of such Industrial Revenue Bonds by the City ofSouth Bend, Indiana, to provide funds to be used toward the payment of the costs of acquisition, remodeling and purchase of equip- ment for an economic development facility. 3. Any costs or expenses incurred in connection with the said Bremen project shall be included in the project costs and reimbursed from the proceeds of the Industrial Revenue Bends to be issued with respect thereto. 4. That the liability and obligation fo the Common Council of theCity of South Bend and the City of South Bend, Indiana, shall be limited solely to good faith efforts to consummate such proceedings and issue such bonds, and neither the South Bend Common Council nor the City of South Bend, Indiana, or its officers or agents, shall incur any liability whatsoever if for any reason the proposed issuance of such bonds is not consummated. 5. Bremen may proceed with the acquisition of the economic development facilities with the remodeling of such facilities in reliance upon this resolution. 6. This resolution shall be in full force and effect from and after its passage by the Common Council of the City ofSouth Bend 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. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated that when this bond is issued it will be to underwrite the cost of the purchase of land to move their present facility. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 824 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY, COMMONLY KNOWN AS 2222 W. WASHINGTON, AS AN URBAN DEVELOPMENT AREA FOR THE 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 Bend pursuant to Section 2 -76 (a) of the Municipal Code requesting that the area commonly known as Merry Avenue Project and which more parti- cularly described by a line drawn as follows: A parcel of land in the Northeast Quarter of Section 10, Township 37 North, Range 2 East, known as Arnold's First Addition (lots 1 -44, Vacated Alleys and Streets) to the City ofSouth Bend, St. Joseph County, Indiana more part- icularly described as follows: Beginning at the intersection of the West right -of -way line of Grant Street and the South line of West Washington Avenue; thence S 0 degrees 93' 08" W a distance of 514.92 feet to the intersection of the North right -of -way line of said railroad a distance of 1194.77 feet to the intersection of the North right -of -way line of said railroad and the East right -of -way line of Olive Street: thence N 82 degrees 43' 43" E a distance of 74.33 feet to a point on the South right -of -way line of Washington Avenue West; thence S 89 degrees 39' 53" E on and along the South right -of -way of said avenue a distance of 1006.55 feet to the place of beginning containing (283,072 sq. Ft.) 6.50 acres more or less subject to all legal easements. EXCEPTING: A parcel of land beginning at a point on the Southeast corner of Lot No. 44 in Arnold's First Addition to the City of South Bend; thence North 5141, more or less, to the Northeast corner of Lot No. 1 in said addition; thence West 200' more or less, to the Northwest corner of Lot No. 5 in said Addition; the South 4241, more or less, to the Northwest corner of Lot No. 43 in said Addition; then Southeast a distance of 204.7', more or less, to the place of beginning. be designated as an Urban Development Area under the provisions of Indiana Code 6.1.1- 11.1 -: 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 qualifies as an Urban Development Area under Indiana Code 6 -1.1- 12.1 -1 and has further 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 Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Urban Development Area. REGULAR MEETING OCTOBER 13 1980 REGULAR MEETING RECONVENED (CONTINUED 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 designated 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 Resolu- tion along with supporting data to the Area Plan Commission for its written order approv- ing 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 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/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Ronald Jaicomo, attorney re- presenting V. Robert Heeler, formerly known as the Merry Avenue Project, indicated this business was constructed during the time the Council was preparing the tax abatement procedure. He indicated there was only one other business constructed during this time- table, Hablin, and they received tax abatement. Jim Cronk, 702 E. LaSalle, spoke against granting this abatement. Council Member Taylor 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. 825 -80 A RESOLUTION OF THE.COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE BOARD OF PUBLIC WORKS TO NEGOTIATE THE SALE OF CITY -OWNED PROPERTY COMMONLY KNOWN AS 215 EAST CALVERT. 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 a lot or parcel of land 33 1/3 feet in width, East and West, taken off of and from the entire length of the East side of Lot Numbered 14 as shown on the recorded Plat of Bowman's Third Addition, now, a part of theCity of South Bend, Indiana, commonly known as 215 East Calvert Street, at an offering price of $735.00; and WHEREAS, the Board of Public Works of the City of South Bend has now received an offer to purchase the property at 215 East Calvert for a price of $200.00; and WHEREAS, the Board of Public Works has complied with all requirements of the Municipal Code of the City of South Bend, Chapter 14.5 which establishes procedures for the dis- position 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. 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 A lot or parcel of land 33 1/3 feet in width, East and West, taken. off of and from the entire length of the East side of Lot Numbered 14 as shown on the recorded Plat of Bowman's Third Addition, now a part of the City of South Bend, Indiana for a total price of $200.00. 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, representing the Board of Public Works, indicated that the adjacent property owner has offered $200 for this property. He asked for the Council's concurrence so as to allow this vacant land to be placed back on the tax rolls. Council Member Serge made a motion to adopt thi: resolution, seconded by Council Member TAylor. The resolution was adopted by a roll call vote of nine ayes. LIE M- REGULAR MEETING OCTOBER 13 1980 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION NO. 826 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,_ APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM THROUGH THE BUREAU OF HOUSING'S REHABILITATION GRANT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts in excess of $5,000.00 must be approved by the Common Council; and WHEREAS, low bids for the rehabilitation work under the Community Development Housing Rehabilitation Grant Program have exceeded $5,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, . Indiana: 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with the following contractor for the rehabilitatio: work on the following property: CONTRACTOR ADDRESS Diedrich DOLLAR AMOUNT OF CONTRACT REHABILITATION NUMBER 421 S. Phillipa $10,193.00 CD5 /PR /CS -1 /1 2. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s /Lewis A. McGann .Member of the Common Council A public hearing was held on the resolution at this time. Kathy Baumgartner, Director of the Bureau of Housing, indicated this rehabilitation work would be done on property located at 421 S. Phillipa. Council Member Kopczynski 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. 827 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE CONSOLIDATED URBAN RENEWAL PLAN TO- GETHER WITH THE PROPOSED AMENDMENTS THERETO AND PLAN CHANGES AND THE FEASIBILITY OF RELOCATION FOR THE CENTRAL DOWNTOWN URBAN RENEWAL PROJECT, INDIANA R -66. Under the provisions of Title I of the Housing Act of 1949, as amended, the Depart- ment of Housing and Urban Development Administrator is authorized to provide financial assistance to Local Public Agencies for undertaking and carrying out urban renewal projects. It is provided in such Act that contracts for financial aid thereunder require that the Urban RewewalPlan for the project area be approved by the governing body of the locality in which the project is situated and that such approval include findings by the governing body that: (1) the financial aid to be provided in the contract is necessary to enable the project to be undertaken in accordance with the Urban Renewal Plan (2) the Urban Renewal Plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; (3) the Urban Renewal Plan conforms to a general plan for the redevelopment of the locality as a whole; and (4) the Urban Renewal Plan gives due con - sideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the Plan. The City of South Bend Department of Redevelopment (herein called the "Local Public Agency ") has entered into a planning contract for financial assistance under such Act with the United State of America, acting by and through the Secretary of Housing and Urban Development, pursuant to which federal funds were provided for the urban renewal project (herein called the "Project "), indentified as "Central Downtown Project, Indiana R -66: and encompassing the area bounded by a line drawn as follows: Beginning at a point formed by the intersection of the north right -of -way line of LaSalle Avenue and the west right -of -way line of Main Street; thence south along the west right -of- way line of Main Street to the north right -of -way line of Washington Street; thence west along the north right -of -way line of Washington Street to the west right -of -way line of Lafayette Boulevard; thence south along the west right -of -way line of Lafayette Boulevard to the south right -of -way line of Jefferson Boulevard; thence east along the south right - of -way line of Jefferson Boulevard to the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street to the west right -of -way line of Fellows Street; thence south along the west right -of -way line of Fellows Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street and proceeding in a northeasterly direction along said i right -of -way to the center of the St. Joseph River; thence proceeding in a northwesterly direction along the center of the St. Joseph River to the north right -of -way line of LaSall Avenue to the west right -of -way line of Main Street, which if the point of beginning, all in the City of South Bend, St. Joseph County, State of Indiana, (herein called the "Project) Area "). LSO REGULAR MEETING OCTOBER 13, 1980 REGULAR MEETING RECONVENED (CONTINUED The Local Public Agency has made detailed studies of the location, physical condition of structures, land use, environmental influences, and the social, cultural, and economic conditions of the Project Area and has determined that the area is a blighted area and that it is detrimental and a menace to the safety, health and welfare of the inhabitants and users thereof and of the Project Area, because of the presence of blighted structures and the lack of adequate community improvements and the members of this Governing Body have been fully apprised by the Local PUblic Agency and are aware of these facts and conditions, due to the changing conditions governing land use, certain land use pro- visions have been changed in order to.update the Urban Renewal Plan in accordance with such conditions and update plan studies. There has been prepared and referred to the Common Council of the Project Area (herein called the "Governing Body ") for review and approval certain revised pages to the Urban Renewal Plan for the Project Area, dated November 15, 1967, as subsequently amended. The Urban Renewal Plan, as amended, has been approved by the Local Public Agency, as evidenced by the copy of said Agency's duty certified Resolution No. 621 approving the consolidation of the Urban Renewal Plan as a single consolidated plan, and said revisions and plan changes, which Resolution, and revised pages are attached thereto. A general plan has been prepared and is recognized and used as a guide for the general development of the Project Area as a whole. The Area Plan Commission of St. Joseph County, which is the duly designated-and acting official planning body for the Project Area, has submitted to the Governing Body its report and recommendations respecting said consolidated Urban Renewal Plan, and said revisions and plan changes for the Project Area and has certified that said consolidated Urban Renewal Plan and said revisions and plan changes conform to the said general plan for the Project Area as a whole, and the Governing Body has duly considered said report, recommendation and certification of the planning body. The Consolidated Urban Renewal Plan and said revisions and plan changes for the Pro- ject Area will require among other things, changes in zoning, the vacating and removal of streets, alleys and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities and other public action. The Local Public Agency has prepared and submitted a program for the relocation of individuals and families that may be displaced as a result of carrying out the Project in accordance with said consolidated Urban Renewal Plan and said revisions and plan changes. There have also been presented to the Governing Body information and data respecting the relocation program which have been prepared by the Local Public Agency as a result of studies, surveys and inspectionsin the Project Area and the assembling and analysis of the data and information obtained from such studies, surveys and inspections. The members of this Governing Body have general knowledge of the conditions pre- vailing in the Project Area and of the availability of proper housing in the City and County for the relocation of individuals and families that may be displaced from the Project Area and, in the light of such knowledge of local housing conditions, have carefully considered and reviewed such proposals for relocation. It is necessary that the Governing Body take appropriate official action respecting the relocation program and said consolidated Urban Renewal Plan and said revisions and plan changes for the Project, in conformity with the contracts for financial assistance between the Local Public Agency and the United States of America acting by and through the Department of Housing and Urban Development Administrator. The Governing Body is cognizant of the conditions that are imposed in the under- taking and carrying out of urban renewal projects with federal financial assistance under Title I, including those proscribing discrimination because of race, color, creed, sex or national origin. NOW, THEREFORE, BE IT RESOLVED by the Common. Council of the City of South Bend: 1. That it is hereby found and determined that the Project Area is a blighted area and qualifies as an eligible Project Area under the Redevelopment of Cities and Towns Act of 1953, as amended. 2. That said consolidated Urban Renewal Plan and said revisions and plan changes thereto proposed, presented at this meeting for the Project aforementioned, having been duly reviewed and considered, are hereby approved, and the City Clerk be and is hereby directed to file copies of said consolidated Urban Renewal Plan and said revisions and plan changes with the minutes of this meeting. 3. That it is hereby found and determined that said consolidated Urban Renewal Plan and said revisions and plan changes for the Project Area conform to the general plan of the City and County. 4. That it is hereby found and determined that the financial aid provided and to be provided pursuant to the contract for federal financial assistance pertaining to the Project is necessary to enable the Project to be undertaken in accordance with the con- solidated Urban Renewal Plan and said revisions and plan changes for the Project Area. 5. That it is hereby found and determined that the consolidated Urban Renewal Plan and said revisions and plan changes for the Project Area will afford maximum opportunity consistent with the sound needs of the City and County as a whole, for the urban renewal of such areas by private enterprises. 1 REGULAR MEETING OCTOBER 13, 1980 REGULAR MEETING RECONVENED (CONTINUED 6. That it is hereby found and determined that the consolidated Urban Renewal Plan and said revisions and plan changes for the Project Area given due consideration to the provisions of adequate park and recreational areas and facilities as may be desirable for neighborhood improvements, with special consideration for the health, safety and welfare of children residing in the general vicinity of the Project Area. 7. That it is hereby found and determined that the program for the proper relocation of individuals and families displaced in carrying out the Project is decent, safe and sanitary dwellings in conformity with acceptable standards is feasible and can be reasonably and timely effected to permit the.proper prosecution and completion of the Project, and such dwellings or dwelling units.available or to be made available to such displaced individuals and families are at least equal in number to the individuals and families, are not generally less desirable in regard to public utilities andpublic and commercial facilities than the dwellings of the displaced individuals and families in the Project Area, are available at rents or prices within the financial means of the individuals and families, and are rea- sonably accessible to their places of employment. 8. That in order to implement and facilitate the effectuation of the consolidated Urban Renewal Plan and said revisions and plan changes hereby approved, it is found and determined that certain official action has been and must be taken by this Governing Body with reference, among other things, to changes in zoning, the vacating and removal of streets, alleys and other public ways, the establishment of new street patterns, the loca- tion and relocation of sewer and water mains and other public facilities, and other public action, and accordingly, this Body hereby (a) pledges its cooperation in helping to carry out such consolidated Urban Renewal Plan; (b) requests the various officials, departments, boards, and agencies of the City having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said consolidated Urban Renewal Plan, and by those certain pages presented at this meeting; and (c) stands upon proposals and measures designed to effectuate said consolidated Urban Renewal Plan and by those certain pages presented at this meeting. 9. 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. Ann Kolata, Deputy Director of Redevelopment, indicated this resolution was to provide for certain land use changes in the R -66 Area. Council Member Kopczynski made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 828 -80 A JOINT RESOLUTION OF THE MAYOR AND THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE JOINING IN A PETITION AND APPEAL TO THE STATE BOARD OF TAX COMMISSIONERS OF THE STATE OF INDIANA FOR RELIEF FROM LEVY LIMITATIONS FOR THE 1980 PAYABLE 1981 TAX LEVIES FOR THE CITY OF SOUTH BEND, INDIANA. WHEREAS, pursuant to IndianaCode 6- 3.5 -1 -12 et seq., the maximum tax levy for 1980, payable in 1981, for the City of South Bend has been frozen at 104.56% of their 1979 payable in 1980 level; and, WHEREAS, pursuant to the terms of Indiana Code 6- 3.5 -1 -12 et seq., an appeal for re- lief from such frozen levy may be pursued by a municipal corporation so as to fund certain governmental functions specified therein; and, WHEREAS, the Mayor and the South Bend Common Council have joined in the adoption of an appeal from such frozen levy for the purpose of funding certain expenses which are a part of the operation of the municipal government of the City of South Bend, Indiana, which requirements have been caused, required or mandated by the designated provisions of the Indiana Code or the expansion of services to areas incorporated into the municipal boundaries of the City of South Bend, Indiana; and, WHEREAS, such an appeal seeks an increase in the maximum levy in the total amount of $756,987.76; and, WHEREAS, it is the opinion of the Mayor and the Common Council of the City of South Bend that such an appeal is necessary and in the best interests of the citizens of the City of South Bend, Indiana, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the Common Council of the City of South Bend, Indiana do hereby petition and appeal to the State Board of Tax Commissioners of the State of Indiana for relief from levy limitations pursuant to Indiana Code 6- 3.5 -1 -12 et seq., as applied to the 1980 payable 1981 tax levies for the City of South Bend, Indiana;) such appeal shall be for the purpose of funding certain expenses which are a part of the operations of the municipal government of the City of South Bend, Indiana, which require- ments have been caused, required or mandated by the designated provisions of the Indiana Code or the expansion of services to areas incorporated into the municipal boundaries of the City of South Bend, Indiana: A. Emergency Medical Services $309,096.00 I.C. 16- 3.5 -1 -12 et seq. B. Unemployment Compensation $ 24,126.74 I.C. 6- 3.5 -1 -12 et seq. C. Annexation $423,765.02 I.C. 18- 5 -10 -19 and shall seek total relief from the frozen levy in the amount of $756,987.76 for the tax year 1980 payable 1981. REGULAR MEETING OCTOBER 13, 1980 REGULAR MEETING RECONVENED (,CONTINUED IT IS HEREBY FURTHER RESOLVED, that the Mayor and the Common Council of the City of South Bend do hereby join in this petitioning resolution to the State Board of Tax Commissioners of the State of Indiana, that without the requested emergency financial relief for which the City of South Bend petitions, it will be unable to carry out, in its ensuing budget year, the governmental functions and responsibilities committed to it by law. Approved this 13th day of October 1980 by the Common Council of the City of South Bend, Indiana. /s/ Lewis A. McGann /s/ Richard C. Dombrowski /s/ Walter T. Kopczynski /s/ Walter M. Szymkowiak /s/ Beverlie J. Beck /s/ Beverly D. Crone /s/ Robert G. Taylor /s/ John Voorde /s/ Joseph T. Serge This resolution approved and signed by me this 15th day of October 1980. ATTEST: /s/ Michael L. Vance Deputy City Controller /s/ Roger 0. Parent Mayor A public hearing was held on the resolution at this time. Michael Vance, Deputy City Controller, indicated that this was a required step in the appeal procedure. He indicated a copy of this resolution would be sent to the State Board of Tax Commissioners. Council Member Beck made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes.. BILLS, FIRST READING BILL NO. 101 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (CLEVELAND AND MAPLE.) This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 114 -80 A BILL APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLU- TION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE ROMANA R. PRIMUS, M.D. PROJECT. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading October 27, 1980, seconded by Council Member Taylor. The motion carried. BILL NO. 115 -80 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, INDENTURE OF TRUST, SECURITY AGREEMENT AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLU- TION NO. 20 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE SCHILLING'S SALES CO., INC., AN INDIANA CORPORATION RPOJECT. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reaidng October 27, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 116 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (1022 N. GEORGIANNA.) This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 117 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (1809 E. IRELAND.) This bill had first reading. Council Member Serge made a motion to refer this bill to AreE Plan, seconded by Council Member Crone. The motion carried. BILL NO. 118 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (2530 KENWOOD.) This bill had first_.reading. Council Member Dombrowski made a motion to refer this bill to Area Plan, seconded by Council Member Crone. The motion carried. REGULAR MEETING OCTOBER 13 1980 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 119 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (1129 N. HICKORY.) This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 120 -80 A BILL APPROPRIATING $3,181.72 FROM THE ZOO ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILDLIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading October 27, 1980, seconded by Council Member Dombrowski. the motion carried. BILL NO. 121 -80 A BILL APPROPRIATING $30,000 FROM THE ZOO ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILDLIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading October 27, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 122 -80 A BILL APPROPRIATING $7,000.00 FROM THE LEEPER PARK TREE REPLACEMENT FUND #63.8210 FOR THE PURCHASE OF TREES AND SUPPLIES WHICH TREES WILL BE PLANTED AT LEEPER PARK. This bill had first reading. Council Member Szymkowiak made a motion to set this bill for public hearng and second reading October 27, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 123 -80 A BILL APPROPRIATING $59,898.00 FROM THE LOCAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This bill had first reading. CouncilMember Serge made a motion to set this bill for public hearing and second reading October 27, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 124 -80 A BILL AMENDING CHAPTER 6, GENERALLY KNOWN AS THE BUILDING CODE, ESTABLISHING MINIMUM STANDARDS GOVERNING THE CONDITION AND MAINTENANCE OF ALL STRUCTURES AND DWELLINGS; ESTABLISHING MINIMUM STANDARDS GOVERNING SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO INSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE: ESTABLISHING MINIMUM STANDARDS GOVERNING THE CONDITION OF DWELLINGS OFFERED FOR RENT; FIXING CERTAIN RESPONSIBILITIES AND DUTIES OF OWNERS AND OCCUPANTS OF STRUCTURES, AND THE CON- DEMNATION OF DWELLINGS UNFIT FOR HUMAN HABITATION AND THE DEMOLITION OF SUCH DWELLINGS AND STRUCTURES; FIXING PENALTIES AND VIOLATIONS;AND REPEALING EXISTING ORDINANCE NO. 6136 -77 OF THE CITY OF SOUTH BEND BEING CHAPTER 11, ARTICLE 1. This bill had first reading. Council Member Szymkowiak made a motion to set this bill for public hearing and second reading October 27, 1980, and refer it to the Public Safety Committee, seconded by Council Member Dombrowski. The motion carried. BILL NO. 125 -80 A BILL APPROPRIATING $430,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR GENERAL PARK IMPROVEMENTS FOR KING CENTER AND LASALLE PARKS, TO BE ADMINISTERED BY THE DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC PARKS. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and seocnd reading October 27, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 126 -80 A BILL APPROPRIATING $16,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT R &S 70, MIAMI STREET, KERN TO JACKSON, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Kopczynski made a motion to set this bill for public hearing and second reading October 27, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 127 -80 A BILL ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THERETO. This bill had first reading. Council Member Beck made a motion toset this bill for public hearing and second reading October 27, 1980, seconded by Council Member Dombrowski. The motion carried. I44 REGULAR MEET REGULAR MEETING RECONVENED (CONTINUED UNFINISHED BUSINESS R 27. 19W Council Member Beck made a motion to set Bill Nos. 88, 89, 99, for public hearing and second reading October 27, 1980, seconded by Council Member Kopczynski. The motion carried. NEW BUSINESS Sale of City -owned property. Due to the fact there was no one in the Chambers to make the presentation, Council Member Serge made a motion to continue this until the next meeting, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Beck made a motion to adjourn, seconded by Council Member Kopczynski. The motion carried and the meeting was adjourned at 9:18 p.m. ATTEST: ak k nU r u . lr ` CI Y CLERK PRES E T f