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HomeMy WebLinkAbout10-27-80 Council Meeting MinutesREGULAR MEETING OCTOBER 27, 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 27, 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 October 27, 1980 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Beverly D. Crone /s /Lewis A. McGann Council Member Serge made a motion that the minutes of the October 13, 1980 meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. SPECIAL BUSINESS Council Member Kopczynski indicated that any Councilman who wanted to be on the Personnel and Finance Committee should be appointed. Council President McGann indicated there were a sufficient number of Councilmen on the Personnel and Finance Committee. Council Member Dombrowski made a motion to have one meeting in December, December 15, seconded by Council Member Serge. The motion carried. REPORTS Council Member Voorde indicated that the Human Resources Committee met and recommended that the Council adopt the decaratory resolution for the property located at 305 W. Jefferson. Council Member Taylor indicated that the Public Safety Committee had met and recommended that the Council pass the substitute bill on the sub - standard building code. Council Member Crone indicated that the Personnel and Finance Committee had met regarding Bill No. 127 -80 pertaining to the annexation of the property located at Maple and Clevelan roads, and recommended that this bill be passed. Council Member Crone indicated that the Personnel & Finance Committee had met regarding the pending bond issues. Council Member Beck announced a tentative meeting for the Century Center Committee for November 7 at Brian Hedman's office. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, secondE by Council Member Serge. The motion carried. REGULAR MEETING OCTOBER 27, 1980 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 27, 1980, at 7:20 p.m., with nine members present. Chair- man Szymkowiak presiding. 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 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 $331,000 bond issue would be used to purchase property and construct and equip a new medical facility. He indicated four new jobs will be created. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. 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 RESOLUTION NO. 20 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE SCHILLING'S SALES CO., INC., AN INDIANA CORPORATION, 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 $250,000 bond issue would be used to finance the expansion and remodeling of the corpora- tion. He indicated two 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. 88 -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) (EDGEWATER PLACE, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. John Oxian, vice president of the Historic Preservation Commission, made the presentation for the bill. He indicated that the Commission picked this area because is was an ideal district because of its historical and architectural significance. He indicated that eighty percent of the neighborhood was in favor of this designation. Larry LeLaruelle, 553 Edgewater, president of the Edgewater Neighborhood Association, indicated that passage of this bill will benefit the neighborhood as well as the entire city. He indicated that the Edgewater Association wantec to express their appreciation to the Historic Preservation Commission. Paul Crowley, owner', of property at 549 River Avenue, indicated he supported this bill. John Leszczynski, Director of Public Works, indicated the City was in favor of this historical district, however, he asked that the public right -of -ways not be included. Joseph McCotton, owner of property at 621 Lincolnway East, spoke against this bill, and read the following letter into the record: Common Council City of South Bend, Indiana Re: Edgewater Place Historic District Gentlemen: I am the owner of the property located at 621 Lincolnway East. I am asking for your consideration of the special problems which this Historic District will place on me in ownership and use of my property. The property was purchased in October, 1977 for future commercial use. This was the year prior to beginning the creation of .the Edgewater Place Historic District. Thus, the Guidelines amount to retroactive confiscation of my property. The requirements for construction and remodeling incorporated in the Preservation Guidelines make it impossible or at least progibitively expensive to build an attractive modern, commercial facade, similar to the Tannery, located next door. I do not want to do anything detrimental to the neighborhood. I only want to be allowed a variance from the guidelines so that I amy build a facade like would be acceptable elsewhere in the city. It is recognized in the Guidelines that Lincolnway East has special needs, such as: Heavy truck traffic allowed, Front yard fences, and Telephone poles with high intensity lights. It is further recognized that variation in requirements can be placed on individual properties (Section V, Paragraph G). If certain structures can be individually`�designate.d as landmarks and require the most restrictive guidelines then, reasonably, other structures'' can be individually designated in special cases and restrictive guidelines can be eliminate(, altogether. Because of the character of this particular commercial part of the Edgewater Place Historic District fronting on Lincolnway makes it distinct from the remainder of the Historic District, I specifically request that Preservation Guidelines be relaxed or eliminated altogether for 621 Lincolnway East so that I build an attractive facade of my own choosing. Respectfully submitted, Joseph MacHatton REGULAR MEETING OCTOBER 27, 1980 COMMITTEE OF THE WHOLE MEETING (CONTINUED) John Oxian indicated that previous City Councils have agreed that right -of -ways would become a part of the District. He indicated that the Commission recommended that right - of -ways be included in the district. He indicated, in response to Mr. MacHatton's ob- jection to the district,that it would be impossible to eliminate one home from the dis- trict. He indicated that Mr. McCotton could come to the Commission when he was ready to remodel and they would try to assist him. Council President McGann made a motion to recommend this bill, including right -of- ways, to the Council favorable, seconded by Council Member Dombrowski. The motion carried. 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 S. MIAMI.) 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, indicated this was the original far house in that area. He indicated this home was architecturally superior. Council Member Serge,made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 99 -80 A BILL DESIGNATING AND ESTABLIHSING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73 AMENDING ORDINANCENO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (815 ARCH.) 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 home was historic as well as architecturally superior. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Parks, made the presentation for the bill. He indicated this was interest earned on the Certificates of Deposit from the Clark Trust Fund. Council Member Serge made a motion to recommend this bill to-the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 121 -80 A BILL APPROPRIATING $30,000.00 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 being the time heretofore set for public.hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Parks, made the presentation for the bill. He indicated this was the fifth payment from the Clark Trust Fund for the construction of the Educational Services Wildlife Building. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Parks, made the presentation for the bill. He indicated this money.had been contributed by citizens, businesses, industries, clubs and organizations to replace the trees that were blown down during the summer storms. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. BILL NO. 123 -80 A BILL APPROPRIAATING $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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Larry Johnson, Director of Human Rights, made the presentation for the bill. He indicated this was their Federal budget for 1981. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. W REGULAR MEETING OCTOBER 27 1980 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 124 -80 AN ORDINANCE AMENDING CHAPTER 6, GENERALLY KNOWN AS THE BUILDING CODE, ESTABLISHING MINIMUM STANDARDS GOVERNING THE CONDITION AND MAINTENANCE OF ALL STRUCTURES AND DWELLINGS; ESTABLIHSING 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 THECONDITION OF DWELLINGS OFFERED FOR RENT; FIXING CERTAIN RESPON- SIBILITIES AND DUTIES OF .OWNERS AND OCCUPANTS OF STRUCTURES, AND THE CONDEMNATION OF DWELLINGS UNFIT FOR HUMAN HABITATION AND THE DEMOLITION OF SUCH DWELLINGS AND STRUCTURES; FIXING PENALTIES FOR VIOLATIONS; AND REPEALING EXISTING ORDINANCE NO. 6136 -77 OF THE CITY OF SOUTH BEND, BEING CHAPTER 11, ARTICLE 1. 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 Taylor made a motion to substitute the amended version of the bill for the original, seconded by Council Member McGann. The motion carried. Katherine Barnard, Director of Substandard Building Depart- ment, made the presentation for the bill. She indicated they were proposing that the revised 1978 BOCA Basic Property Maintenance Code be adopted by the Common Council She indicated the Code deals primarily with conditions which must be maintained in existing structures to protect the health, safety and general welfare of the citizens of South Bend. She indicated that the 1978 Code was more specific in the explanation of code violations. Charles Leone, Hearing Officer, spoke in favor of this bill. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 125 -80 A BILL APPROPRIATING 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 being the time heretofore set for publichearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Steve Compton, Deputy Director of Com- munity Development, made the presentation for the bill. He indicated this would be used for resurfacing of existing tennis courts, basketball courts, picnic tables, a slide, and banquet tables. Council Member Serge made a motion to recommend this bill to the Council favorable, 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation was for engineering costs in order to provide efficient storm water drainage on Miami. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 127 -80 A BILL ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THERETO. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Robert Parker, Deputy City Attorney, made the presentation for the bill. He indicated this was a tract of land approximately 9.6 acres which is located northwest of the City. He said this annexation was being sought by St. Joseph Bank in order for them to build a branch bank. He indicated they would have all city.services, except water. Charles Boyton, representative of the St. Joseph Bank, spoke in favor of this bill. He indicated they that they understood water was not available, and they would put in their own well. 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 Dombrowski made a motion to rise and report to the Council, seconded by Council Member Beck. The motion carried. Council Member Szymkowiak made a motion to recess, seconded by Council Member Dombrowski. The motion carried and the meeting was recessed at 8:20 p.m. ATTEST: CITY CLERK ATTEST: 6 CHAIRMAN 4 REGULAR MEETING OCTOBER 27, 1980 REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:30 p.m. Council President McGann presiding and nine members present. BILLS, FIRST READING ORDINANCE NO. 6844 -80 AN ORDINANCE APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, INDENTURE.OF TRUST, AND ECONOMIC DEVELOP- MENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE ROMANA R. PRIMUS, M.D. PROJECT. This bill had second reading. Council Member Serge made a_motion to pass this bill, seconded by Council Member Dombrowski. The motion carried on a -roll call vote of eight ayes (Council Member Beck was absent from the Chambers.) ORDINANCE NO. 6845 -80 AN ORDINANCE 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. 20 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE SCHILLING'S SALES CO. -, INC., AN INDIANA CORPORATION; PROJECT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes (Council Member Beck was absent from the Chambers.) ORDINANCE NO. 6846 -80 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21,.MUNICIPAL CODE) (EDGE - WATER PLACE, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.) This bill had second reading. Council Member Taylor 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. 6847 -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 (5450 S. MIAMI.) This bill had second reading. Council Member Taylor 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. 6848 -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 (815 ARCH.) 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. 6849 -80 AN ORDINANCE 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 second reading. Council Member Serge 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. 6850 -80 AN ORDINANCE 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 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. 6851 -80 AN ORDINANCE APPROPRIATING $7,000.00 FROM THE LEEPER TREE REPLACEMENT-FUND #63.8210 FOR THE PURCHASE OF TREES AND SUPPLIES WHICH TREES WILL BE PLANTED AT LEEPER PARK. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING OCTOBER 27, 1980 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6852 -80 AN ORDINANCE 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 DEVELOP - MENT. This bill had second reading. Council Member Serge 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. 6853 -80 AN ORDINANCE AMENDING CHAPTER 6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 8 ENTITLED PROPERTY MAINTENANCE CODE; AND REPEALING SECTION 11 -1, ARTICLE 1 OF CHAPTER 11 OF THE MUNICIPAL CODE. 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 call vote of nine ayes. ORDINANCE NO. 6854 -80 AN ORDINANCE APPROPRIATING $30,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR GENERAL PARK IMPROVE- MENTS FOR KING CENTER AND LASALLE PARK, TO BE ADMINISTERED BY THE DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPART- MENT OF PUBLIC PARKS. This bill had second reading. Council Member Serge 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. 6855 -80 AN ORDINANCE 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 second reading. Council Member Taylor 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. 6856 -80 AN ORDINANCE ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THERETO. This bill had second reading. Council Member Szymkowiak 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. 829 -80 INDUCEMENT RESOLUTION OF THE SOUTH BEND COMMON COUNCIL RELATING TO THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS TO WILLIAM G. YORK AND GLORIA J. YORK IN ORDER TO FINANCE THE PURCHASE OF LAND WITH AN EXISTING BUILDING THEREON, RENOVATION OF THE BUILD - ING AND PURCHASE OF NEW EQUIPMENT FOR LEASE TO THE ABSTRACT AND TITLE CORPORATION OF SOUTH BEND TO EXPAND THEIR PRESENT FACILITIES FOR USE IN ABSTRACTING AND PREPARATION OF TITLE INSURANCE. WHEREAS, the South Bend Economic Development Commission investigated, studied, sur- veyed 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 diversification within the City of South Bend, Indiana; and to improve and promote job opportunities and commercial diversification within the City of South Bend, Indiana, a financing agreement should be effected with William G. York and Gloria J. York; and WHEREAS, William G. York and Gloria J. York desire to purchase land located at 305 W. Jefferson, South Bend, Indiana, renovate the existing building thereon and pur- chase new equipment; and WHEREAS, to induce William G. York and Gloria J. York to construct such economic development facilities, the South Bend Economic Development Commission on October 3, 1980, approved the application of William G. York and Gloria J. York for the issuance of up to One Hundred Sevety Thousand Dollars ($170,000) of Economic Development Revenue Bonds payable with interest thereon at the market rate as of the date of final approval of the bonds and also adopted an Inducement Resolution relating to that bond issue; and WHEREAS, it is apparent that William G. York and Gloria J. York will preserve jobs and 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 St. Joseph County, Indiana. 5 REGULAR MEETING OCTORFR 27, 1959 REGULAR MEETING RECONVENED (CONTINUED) NOW, THEREFORE, BE IT RESOLVED, that in order to encourage, induce and solicit the application of William G. York and Gloria J. York for an amount not exceeding One hundred seventy thousand dollars ($170,000) of Economic Development Revenue Bonds to be issued by the City of South Bend, Indiana, repayable with interest thereon at the market rate as of the date of final approval of the bonds over a period of fifteen (15) years after the iss date for the construction of such economic development facilities, the City of South Bend shall proceed to cooperate with and take any action as may be necessary in drafting of documents or the performance of such other acts as will facilitate the issuance of such Economic Development Revenue Bonds by the City of South BEnd; Indiana, to provide funds to be used toward the payment of the costs for the acquisition and construction of such economic development facilities; and BE IT FURTHER RESOLVED, that any costs or expenses incurred in connection with the William G. York and Gloria J. York.Project shall be included in the project costs and reimbursed from the proceeds of the Economic Development Revenue Bonds to be issued with respect thereto; and BE IT FURTHER RESOLVED, that the liability and obligation of the South Bend Economic Development Commission and the City of South Bend, Indiana, shall be limited solely to the goodfaith efforts to consummate such proceedings and issue such Bonds, and neither the South Bend Economic Development Commission nor the City of South Bend, Indiana, or its officers or agents, shall incur any liability if for any reason the proposed issuance of such Bonds is not consummated. This Inducement 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. Mr. Richard Mintz, attorney representing the petitioners, indicated they were requesting a $170,000 Economic Develop- ment Bond issue, to purchase and renovate an existing building at 305 W. Jefferson, which will be leased to the Abstract and Title Corporation. 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. 830 -80 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY AS URBAN DEVELOP- MENT AREAS FOR PURPOSES OF TAX ABATEMENT CONSIDERATION 305 WEST JEFFERSON PROJECT. 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 (2) of the Municipal Code requesting that the area commonly known as 305 W. Jefferson, South Bend, Indiana, and legally described as: Part of Lot Numbered Three Hundred Ninety-six (396) as shown on the Original Plat of the Town, now City of South Bend, described as beginning at the Southeast corner of said Lot Numbered Three Hundred Ninety -six (396); running thence North on the East line of said lot, which is the West line of Lafayette Street, Forty -six (46) feet; thence West and parallel with the South line of said Lot Numbered Three Hundred Ninety -six (396), Seventy - two (72) feet to the East line of a private alley Twelve (12) feet wide; thence South Forty -six (46) feet to the South line of said lot; thence East Seventy -two (72) feet to the place of beginning. be designated as an Urban Development Area under the provisions of Indiana Code6- 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 qualifi( 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. 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 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 ITI. 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 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 11lfomhor ni' +ho onmmnn rr-mnri l REGULAR MEETING OCTOBER 27, 1980 REGULAR MEETING RECONVENED (CONTINUED A public hearing was held on the resolution at this time. Mr. Richard Mintz, attorney for the petitioners, indicated this abatement was being sought for the same building considered in the previous resolution. He indicated this building has been vacant for a while and was severely deteriorated. He said there will be approximately $90,000 worth of improvements made on the building. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Voorde. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Crone.) RESOLUTION NO. 831 -80 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO UNIVERSAL COMPANIES, INC., PROJECT. WHEREAS, at the present time there are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the City of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition and construction of economic development facilities in St. Joseph County pursuant to the provisions of Indiana Code 18 -6 -4.5 (the "act "); and WHEREAS, Universal Companies, Inc., a Michigan corporation ( "Universal ") proposes to acquire and construct economic development facilities in St. Joseph County as defined in the Act if the City will finance costs of such economic development facilities pur- suant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by Universal for the issuance of City of South Bend Economic Development Bonds in an amount not to exceed Three Hundred Fifty Thousand and no /100 Dollars ($350,000.00) re- payable with interest thereon to be calculated quarterly at an interest rate of seventy - five percent (75 %) of local prime rate over a period not to exceed fifteen (15) years in order to purchase equipment and construct a manufacturing building to be leased to Universal Forest Products, Inc., a Michigan corporation, for lumber treating and pro- cessing resulting in an increase of approximately ten (10) to fifteen (15) additional employees by the principal user with an increased annual payroll of between Eighty -five Thousand Dollars (85,000.00) to One Hundred Twenety Thousand Dollars ($120,000.00) per year. NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: 1. The project constitutes economic development facilities which shall be financed by the City through the issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately Thuree Hundred Fifty Thousand and no /100 dollars ($350,000.00) of its.revenue bonds, which bonds will not be general oglibations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. Universal may proceed with acquisition and construction of the economic develop- ment facilities in reliance upon this resolution. 4. That the liability and obligation of the South Bend Economic Development Com- mission, the South Bend Common Council, the City of South Bend, Indiana, the St. Joseph County Council and St. Joseph County shall be limited solely to the good faith efforts to consummate such proceedings and issue such Bonds, and the South Bend Economic Develop- ment Commission, the City of South Bend, Indiana and St. Joseph County, their officers or agents, shall not incur any liability if for any reason the proposed issuance of such Bonds is not consummated. This Inducement Resolution shall be in full force and effect from and afters 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. Mr. Richard Morgan, attorney for the petitioner, indicated this resolution was to appy for revenue bonds not to exceed $350,000, for the construction of two new buildings at their present location in Granger. 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. BILLS, FIRST READING BILL NO. 128 -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 AP- PROVING RESOLUTION NO. 27 -80 OF THE SOUTH BEND ECONOMIC DEVELOP- MENT COMMISSION RELATING TO THE NILES AVENUE PARTNERSHIP PROJECT. 5 This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading November 10, seconded by Council Member Taylor. The motion carried. 54 REGULAR MEETING OCTOBER 27 1980 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 129 -80 A BILL APPROPRIATING $15,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE SUPPORT OF SPECIALIZED TRANSPORATION SERVICES TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND SPECIALIZED TRANS- PORTATION SYSTEM OF ST. JOSEPH COUNTY. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second mading November 10, seconded by Council Member Dombrowski. The motion carried. BILL NO. 130 -80 A BILL APPROPRIATING $9,500.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE SUPPORT OF AN OLDER ADULT CRIME VICTIM PROGRAM ACTIVITY TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE REAL SERVICES AGENCY. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading November 10, and refer it to the Older Adults Committee, seconded by Council Member Dombrowski. The motion carried. UNFINISHED BUSINESS Sale of City -owned property: 1819 S. Kendall, 1613 S. Carroll, 123 St. Paul Place, 439 S. Wellington, 209 E. Dayton, 1813 S. Carroll. Council Member Voorde made a motion to approve this sale, seconded by Council Member Dombrowski. The motion carried. NEW BUSINESS Council Member Kopczynski indicated he thought the City Clerk's office should do the minutes of all Council committee meetings. The Council Attorney, Kathy Cekanski, in- dicated the chairman of any committee could request the Clerk's office to take the minutes Council Member Dombrowski announced there would be an Older Adults Committee meeting at 6:15 p.m., November 10, 1980. 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 Serge. The motion carried and the meeting was adjourned at 8:50 p.m. ATTEST: APPRO ED: CITY CLERK PRESID T