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HomeMy WebLinkAbout08-24-81 Council Meeting MinutesREGULAR MEETING AUGUST 24, 1981 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, August 24, 1981, 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, Zielinski, Crone, Dombrowski, Voorde and McGann Absent: Council Member Taylor 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 res- pectfully report that it has inspected the minutes of the August 10, 1981, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Lewis A. McGann /s/ Beverly D. Crone Council Member Serge made a motion that the minutes of the August 10, 1981, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrow- ski. The motion carried. SPECIAL BUSINESS Council Member Beck made a motion to suspend the rules in order to approve the sale of City -owned property located at the northwest corner of Angela and Riverside Drive, seconded by Council Member Dombrowski. The motion failed on a roll call vote of seven ayes and one nay (Council Member Voorde.) REPORTS Council Member Voorde indicated that the Human Resources and Economic Development Committee and Personnel & Finance Committee had a joint meeting to consider Bill No. 77 -81 and Bill No. 78 -81, regarding appropriations for Community Development. He indicated that the committees recommended both bills favorable. Council Member Beck made a motion to resolve into the Committee of the Whole, second - ed 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 Com- mittee of the Whole on Monday, August 10, 1981, at 7:05 p.m., with nine members pre - sent. Chairman Voorde presiding. BILL NO. 76 -81 A BILL AUTHORIZING THE ISSUANCE AND SALE NOT EXCEEDING $4,000,000. OF REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO HEALTH QUEST REALTY V, IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES LOCATED IN ST. JOSEPH COUNTY, INDIANA, TO BE USED AND OCCUPIED BY FOUNTAINVIEW PLACE CORPORATIN OF SOUTH BEND; AUTHORIZING EXECUTION OF A TRUST INDENTURE AND FINANCING AGREEMENT; PROVIDING FOR THE DELIVERY OF AN FHA - INSURED MORTGAGE NOTE AS SECURITY FOR SAID BONDS; AND AUTHORIZING THE TERMS AND SALE OF SAID BONDS. I!7 -.- _REGULAR_ MEETING -, - - -_ -- -__. -_ - -- AUGUST 24. 1981 Now, is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated that a substitute bill had been filed with the City Clerk's office. Council President McGann made a motion to accept the substitute bill, seconded by Council Member Dombrowski. The motion carried. Council Member Voorde indicated that the Human Resources and Economic Development Commission, had met regarding this bill and gave a favorable recommendation. He indicated this four million dollar bond issue will be used to acquire a site and construct and equip a 150 bed nursing home. He indicated 93 new jobs will be created. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Beck. The motion carried. Council President McGann made a motion to have public hearing on bill nos. 77 and 78, seconded by Council Member Beck. The motion carried. BILL NO. 77 -81 BILL NO. 78 -81 A BILL APPROPRIATING $218,938.00 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF ESTABLISHING AN ANNUALIZED BUDGET FOR THE DIVISION OF COMMUNITY DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PROGRAM YEAR BEGINNING JULY 7, 1981, TO BE ADMINISTERED THROUGH THE DIVISION OF COM- MUNITY DEVELOPMENT. A BILL TRANSFERRING $291,782.00 AMOUNG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. Now, is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Patrick McMahon, Director of Community Development, made the presentation for the bills. He indicated these two bills addressed two primary functions; funding for rental /rehab demonstration project and annualization of the budgets for Federal programs. He indicated that the rental demonstration project would require matching of $100,000 from Community Development Funds with $100,000 of 312 money that will become available if the City is successful in receiving the grant. He indicated that the annualization of the budgets for Federal programs would allow them to implement activities on January 1 and end of December 31, coinciding with all other city operations. He indicated that the bills had been amended and the Council. Council Member McGann made a motion to consider the substitute bills filed with the Clerk, seconded byCouncil Member Zielinski. the motion carried. Floyd Carter, 1619 Fassnacht, spoke in favor of these bills. Council Member Szymkowiak made a motion to recommend these bills to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. Council President McGann made a motion to have public hearing on bill _nos. 79, 80 and 81, seconded byCouncil Member Beck. The motion carried. BILL NO. 79 -81 BILL NO. 80 -81 BILL NO. 81 -81 A BILL APPROPRIATING MONIES FOR THE PURPOSE 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, 1982 AND ENDING DECEMBER 31, 1982, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1982. A BILL APPROPRIATING MONIES FOR THE PURPOSE 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, 1982 AND ENDING DECEMBER 31, 1982, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. Now, is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Joseph Kernan, City Controller, made the presentation for the bills. He indicated that since January of 1980 this Administration and Council have done a number of things in order to save money, and to operate more efficiently, such as; Ceta Consortium, self - insurance program, the motor vehicle fleet was reduced and more efficently vehicles were purchased, Neigh- borhood Code Enforcement office has been combined, the Council is presently looking into increasing fees charged by various City departments, the City jail was recently closed, the Fire Department has rebuilt fire engines, etc. He indicated this budget addresses the anticpated problems. He indicated this budget was essentially the budget that department heads said they need for next year. He indicated this budget was tight, and there are no frills. He gave an explanation of why departmental bud- gets are higher for 1982, indicating that personnel costs represent 13 percent of the increase. He indicated the City will need 2,884,291 in new money in 1982 in order to meet expenses, which is a loo increase over the 1981 budget. He indicated this bud- get relies on two things; a successful appeal of the tax levy to the State Board of Tax Commissioners, $1,536,000, that appeal will be based on annexation, areas that the City has annexed and presently has to provide services; it also relies upon our ability to be able to sell the General Obligation Bonds. He indicated this budget realistically addresses the needs of the City for 1982. Michael Vance, Director of Utilities, indicated the the utility budgets reflected minimum needs for 1982, and represented a total increase of about 9 %. Dominic DaCasta, 754 N. Cottage Grove, spoke in favor of this bill. Council President McGann made a motion that the public portion of the public hearing be closed and the Council portion be continued until 5:00 p.m., August 31, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING AUGUST 24, 1981 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 byCouncil Member Beck. The motion carried. ATTEST: REGULAR MEETING RECONVENED ATTEST: Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:53 p.m. Coun- cil President McGann presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 6954 -81 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE NOT EXCEEDING $4,000,000.00 OF REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO HEALTH QUEST REALTY V, IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN ECONOMIC DEVELOP- MENT FACILITIES LOCATED IN ST. JOSEPH COUNTY, INDIANA, TO BE USED AND OCCUPIED BY FOUN- TAINVIEW PLACE CORPORATION OF SOUTH BEND; AUTHORIZING EXECUTION OF A TRUST INDENTURE AND FINANCING AGREEMENT; PROVIDING FOR THE DELIVERY OF AN FHA - INSURED MORTGAGE NOTE AS SECURITY FOR SAID BONDS; AND AUTHORIZING THE TERMS AND SALE OF SAID BONDS. This bill had second reading. Council Member Dombrowski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Crone. The motion carried. Council Member Serge made a motion to pass this bill, as amended, seconded by Council Mem- ber Beck. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6955 -81 AN ORDINANCE APPROPRIATING $218,938.00 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF ESTABLISHING AN ANNUALIZED BUDGET FOR THE DIVISION OF COMMUNITY DEVELOP- MENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PROGRAM YEAR BEGINNING JULY 7, 1981, TO BE ADMINISTERED THROUGH THE DIVISION OF COM- MUNITY DEVELOPMENT.' This bill had second reading. Council Member Beck 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 Mem- ber Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6956 -81 AN ORDINANCE TRANSFERRING $291,782.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Dombrowski 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 Beck made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 904 -81 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO: JOHN P. CARRICO AND SONYA K. CARRICO 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 "); �I C i 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, John P. Carrico and Sonya K. Carrico, husband and wife, Indiana resi- dents, ( "Carrico ") propose to acquire real estate and construct economic development facilities in the City of South Bend as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an applica- tion by Carrico for the issuance of City of South Bend Economic Development Bonds in an approximate amount of Five Hundred Thousand Dollars ($500,000.00) repayable over a period not more than fifteen (15) years and on terms governed by existing market rates at the time such bonds are issued in order to acquire real estate and construct a commercial building to be leased to QSI, Inc., an Indiana corporation, for the purpose of the corporation conducting its commercial printing operation in the faci- lity resulting in improving and promoting job opportunities and commercial diversi- fication within and near South Bend, Indiana. 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 fi- nanced 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 Five Hundred Thousand Dollars ($500,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will b@ of 0,pp @fit tp t�? @op .o ,io Wol €are of t}?q City and will comply with the puproses and provisions of the. 3. Carrico May proceed vith the acquisition and construction of economic de- velopment facilities in reliance upon this resolution. 4. That the liability and obligation of the South Bend Economic Development Commission, 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 Eco- nomic Development Commission, the City of South Bend, Indiana and St. Joseph County, their officers or agents, shall not incur any liability if for lany reason the pro- posed issuance of such Bonds is not consumated. 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. Kenneth Fedder, attorney for the Economic Development Commission, indicated they planned to construct a com- mercial building to be leased to QSI, Inc., a commercial printing operation. He indicated this would be a $500,000 bond issue, and six new full -time jobs will be created. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 905 -81 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO: ROBERT FRESHLEY 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, Robert Freshley, an Indiana resident, propose to acquire real estate and remodel a building in the City of South Bend as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an applica- tion by Robert Freshley for the issuance of City of South Bend Economic Development Bonds in an approximate amount of Two Hundred Twenty Five Thousand Dollars ($225,000.00) repayable over a period not more than fifteen (15) years in order to acquire and r- emodel a commercial building to be leased to Basic Machine Products, Inc. for the purpose of conducting its relocation and expansion program in the facility resulting in improving and promoting job opportunities within the City of South Bend, Indiana. 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 fi- nanced by the City through the issuance of revenue bonds pursuant to the Act and the REGULAR MEETING AUGUST 24, 1981 City is willing, upon compliance with all provisions of Indiana law, to authorize approximately Two Hundred Twenty Five Thousand Dollars ($225,000.00) of its revenue bonds, which bonds will not be general obligations 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. Robert Freshley may proceed with the acquisition and construction of eco- nomic development facilities in reliance lupon this resolution. 4. That the liability and obligation of the South Bend Economic Development Commission, 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 Eco- nomic Development Commission, the City of South Bend, Indiana and St. Joseph County, their officers or agents, shall not incur any liability if for lany reason the pro- posed issuance of such Bonds is not consumated. 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. Kenneth Fedder, attorney for the Economic Development Commission, indicated they intended to relocate and expand the present facilities. He indicated the new building would be located at 416 W. LaSalle. He indicated this would be a $225,000 bond issue. Robert Cary, 25 N. Fourth Street, Niles, Michigan, attorney representing Dorothy Freshley, spoke against granting tax abatement. He indicated in the divorce settlement she received the building and he received the business, therefore, he wanted to move out of the build- ing, and not repurchase it from her. Council Member Beck made a motion to recess, seconded by Council Member Zielinski. The motion carried and the meeting was re- cessed at 8:10 p.m., and reconvened at 8:28 p.m. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION N0. (406 -81 AN INDUCEMENT RESOLUTION OF COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO SCHAFER GEAR WORKS, INC. PROJECT. WHEREAS, the City of South Bend, Indiana (the "Issuer ") is authorized by I.C. 18- 6 -4.5 -1 through I.C. 18- 6- 4.5 -30 (the "Act ") to issue revenue bonds for the fi- nancing of economic development facilities, the funds from said financing to be used for the construction and installation of said economic development facilities, to be either sold or leased to the user or developer; and WHEREAS, Schafer Gear Works, Inc., an Indiana corporation (the "Applicant "), has applied to the South Bend Economic Developmetn Commission (the "Commission ") for an Economic Development Bond issue in the principal amount of Two Hundred Fifty Thousand Dollars ($250,000) in order that the proceeds thereof may be used to pay a part of the costs of the construction and installation of an approximatrely 10,000 square foot expansion to the main plant of the applicant at 814 South Main Street, South Bend, Indiana 46624 including new walls, roof, flooring, partitions, ceilings, light- ing, service wiring and outlets, air distribution system, and other features commonly incorporated in a plant expansion, which such economic development facilities are sometimes referred to as the "Schafer Gear Works, Inc. Project:; and WHEREAS, the diversification of industry and increase in job opportunities to be achieved by the completion of the Schafer Gear Works, Inc. Project will be of public benefit to the health, safety and general welfare of the Issuer and its citizens; and WHEREAS, under date of August 14, 1981, the Commission adopted and enacted an Inducement Resolution approving such Schafer Gear Works, Inc. Project and recommend- ing the issuance of Economic Development Bonds in accordance with the application of the Applicant; and WHEREAS, it is apparent that the financing of the Schafer Gear Works, Inc. Pro- ject is of public benefit to the health, safety and general welfare of the Issuer and its citizens, together with the citizens of St. Jospeh County, Indiana; and WHEREAS, the construction and installation of such economic development faci- lities will not have an adverse competitive effect on any similar facility already installed or operating in St. Jospeh County, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Common Council of the City of South Bend, Indiana, finds, determines, ratifies and confirms that the promotion of diversification of economic development and job opportunities is desirable to preserve the health, safety and general welfare of the citizens of the Issuer and that it is in the public interest that the South Bend Economic Devleopment Commission and said Issuer take such action as they law- fully may take to encourage diversification of industry and promotion of job op- portunities in and near said Issuer. REGULAR MEETING AUGUST 24 1981 2. The Common Council of the CIty of South Bend, Indiana, hereby finds, deter- mines, ratifies and confirms that the issuance and sale of Economic Development Reve- nue Bonds in an amount of Two Hundred fifty Thousand Dollars ($250,000.00) under the Act for the construction and installation of the economic development facilities constituting the Schafer Gear Works, Inc. Project will serve the public purpose in accordance with the Act. 3. In order to induce the Applicant and the Commission to proceed with the construction and installation of such economic development facilities, the Common Council of the City of South Bend, Indiana, hereby finds, determines, ratifies and confirms that: (i) it will take or cause to be taken such actions pursuant to the Act as may be required to implement the aforesaid financing or which may be deemed appropriate with respect thereto, in order that Economic Development Revenue Bonds may be issued in accordance with the terms mutually acceptable to the Issuer and the Application; (ii) it will adopt such ordinances and resolutions and authorize the execution and delivery of such instruments (including but not limited to an Indenture of Trust, Loan Agreement, bonds, and related instruments) and the taking of such action as may be necessary or advisable for the construction, issuance and sale of such Economic Development Revenue Bonds. 4. All costs of the Schafer Gear Works, Inc. Project incurred after the passage of this Inducement Resolution, including reimbursement or prepayment to the Applicant of monies heretofore expended with respect to attorney and bond counsel fees as well as all expenses of the sale of Economic Development Revenue Bonds and the construc- tion and installation of all property constituting a part of such economic develop- ment facilities, shall be payable out of the proceeds of any such financing either to the Applicant or to others for such purposes. 5. The liability and obligation of the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such Schafer Gear Works, Inc. Project and the issuance of such bonds, and that neither the City of South Bend, Indiana, nor its officers or agents shall incur any personal liability by virtue of the issuance of any such Economic Develpment Revenue Bonds or the undertaking of such Schafer Gear Works, Inc. Project. This inducement resoluton shall be in full force and effect from and after its adop- tion 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. Kenneth Fedder, attorney for the Economic Development Commission, indicated this proposed $250,000 bond issued would be used for expansion of their present facilities. He indicated that 31 new jobs will be created. 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 eight ayes. RESOLUTION NO. 907 -81 A RESOLUTION CONSENTING TO ANNEXATION OF TERRITORY BY THE TOWN OF ROSELAND. WHEREAS, the Town of Roseland has acquired from the Indiana Toll Road Commission for use as a park a tract of land comprising approximately 9.5 acres lying south of the Town of Roseland and within the area of the interchange of the Toll Road and old U.S. 31 North, and which territory is presently outside the boundaries of the town and is within three (3) miles of the boundaries of the City of South Bend, which territory is more particularly described as follows,to wit: Part of the West Half (1/2) of the Southwest Quarter (SW 1/4) of Section Twenty - five (25), and a part of the East Half (1/2) of the Southeast Quarter (SE 1/4) of Section Twenty -six (26), Township Thirty -eight (38) North, Range Two (2) East, bounded and described as follows: Beginning on the west line of Section twenty -five (25) at a point twenty -nine and nine hundred seventy -five thou- sandths (29.975) chains northerly measured on said west line, from the southwest corner of said section twenty -five (25); thence Easterly on the north line of the grantor's property ten and ten hundredths (10.10) chains to the west line of the right -of -way of the Michigan Central Railroad; thence Southerly on the west line of said railroad right -of -way about one thousand fifty (1050) feet to the northeasterly right -of -way line of the interchange connector for the Indiana East -West Toll Road; thence North forty -one (41) degrees fifty -five (55) minutes twenty -nine (29) seconds West one hundred sevety -nine (179) feet; thence North thirty -six (36) degrees fifteen (15) minutes twenty -three (23) seconds West two hundred and twenty -five hundredths (200.25) feet; thence North forty -one (41) degrees forty -eight (48) minutes fifty -four (54) seconds West two hundred four and eighty -five hundredths (204.85) feet; thence North thirty -three (33) degrees twenty -three (23) minutes thirty -eight (39) seconds West three hundred fifty and no hundredths (350.00) feet; thence North thirty -one (31) degrees thirty -nine (39) minutes twenty -four (24) seconds West one hundred forty -three and sixty - seven hundredths (143.67) feet; thence North twenty (20) degrees thirty -four (34) minutes twenty -four (24) seconds West about one hundred eighty -two (1982) feet of a point which is West of the point of beginning; thence East about thirty- siven (37) feet to the point of beginning, containing nine and five tenths (9.5) acres, more less. REGULAR MEETING AUGUST 24, 1981 WHEREAS, I.C. 36- 4- 3 -9(b) provides that a town wishing to annex territory which is within three (3) miles of the boundaries of a second class city must first obtain the consent of the legislative body of such city to the annexation. WHEREAS, said territory is not contiguous to the boundaries of the City ofSouth Bend and the city does not have use or need for said territory at this time. THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION I. The City of South Bend does hereby consent that the above described territory be annexed by the Town of Roseland. 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. Richard Hill, City At- torney, indicated pursuant to statutory requirement to permit the town of Roseland to annex a 9.5 acre tract which it has recently acquired from the Indiana Toll Road Commission, the City of South Bend must consent to such an annexation by the town, since it is within three miles of the City limits. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 90 % - -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE AWARD OF CONTRACTS IN EXCESS OF $10,000.00 UNDER THE MULTI - FAMILY REHABILITATION PROJECT, TO BE ADMIN- ISTERED THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT. WHEREAS, the City of South Bend recongizes the need to rehabilitate buildings used to house more than five families or individuals; and WHEREAS, the City has allocated $100,000.00 to fund projects of this type, under CD81 -118, Multi- family Rehab; and WHEREAS, the Board of Public Works has awarded two contracts under this program, NOW, THEREFORE, BE IT RSOLVED THAT THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: SECTION I: Approve the following contracts awarded by the Board of Public Works in excess of $10,000.00: YWCA - 302 North Lafayette Blvd. $78,000.00 Hope Rescue Mission - 532 S.Michigan $22,000.00 SECTION II: This Resolution shall be in full force and effect aftter its adoption by the Common Council and approval by the Mayor. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Patrick McMahon, Director of Redevelopment, indicated that these contracts are proposed to be awarded to the YWCA in the amount of $78,000, and to Hope Rescue Mission in the amount of $22,000. He indicated that the 1981 Community Development Program allocated $100,000 to fund projects such as these. He indicated that the applicants must be a not - for - profit agency, and the rehabilitation can be made to only those structures which house more than five units. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Crone. The resolution was adopted by a roll call vote of seven ayes and one nay (Council Member Dombrowski.) BILLS, FIRST READING BI "LL ND. 82-.81 A BILL D.FSIGNATING�AND..ESTABLISHING AN 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. (1005 W. WASHINGTON.) 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. I REGULAR MEETING AUGUST 24 1981 BILL NO. 83 -81, A BILL APPROPRIATING $40,200.00 FOR CAPITAL EQUIPMENT AND REPAIRS WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading September 14, seconded by Council Member Crone. The motion carried. BILL NO. 84 -81 A BILL AMENDING THE SALARY ORDINANCE FOR FIREFIGHTERS FOR THE CALENDAR YEAR '1981..' This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading September 14, seconded by Council Member Voorde. The motion carried. PRIVILEGE OF THE FLOOR Pat Miller, 2213 Lincolnway West, spoke regarding the bond issue. Dominic DaCasta, 754 N. Cottage Grove, indicated that it was reported in the Tribune, regarding a pending park bond, that a Ms. Dobski was hired, and one of the major phases of her job is to collect signatures for for this bond. He indicated he was opposed to salary subsidy for an employee to gather signatures. He asked that the Council take a stand in regard to the reorganization that the South Bend School Corp- oration is attempting to make. Joseph Kernan, City Controller, indicated that regarding a City employee being paid to fight the interests of the citizens. He indicated there was no attempt on the Administration's part to fight anyone. He indicated we have a City employee who is spending some time working for the park bond issue, because it will generate economic development and generate jobs for the City of South Bend, and the work that is being done is in the best interests of the City of South Bend. UNFINISHED BUSINESS Council Member Voorde indicated he did not vote of suspension of rules for the sale of the property to Lock Joint Tube, because he did not see any reason to suspend the rules. He indicated that the resolution involved the sale of public land and due process should be maintained.. Mayor Parent indicated the City had been working for quite awhile on this issue, with Councilman Serge and all of the neighborhood groups in the area. He indicated they would not have asked for suspension of rules if they had been told there was opposition. He indicated he would call a Special Meeting Monday, August 31. NEW BUSINESS Council Member Beck indicated she would like to make a public condemnation of the South Bend School Corporation Board of Trustees, for having out -of -town meetings, renting vans and traveling to LaPorte, renting a room there. She also condemned them for selling for the idea of selling our schools. 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 Dombrowski. The motion carried and the meeting was adjourned. ATTEST: Clerk APPRO D: a /,Z/ City President