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HomeMy WebLinkAbout01-11-82 Council Meeting MinutesREGULAR MEETING JANUARY 11, 1982 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, January 11, 1982, 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,- Zielinski, Dombrowski, and McGann Absent: Council Members Crone and Voorde 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 December 14, and 28, 1982, meetings of the Council and found them correct. The sub- committee, therefore, recommends that the same be approved. /s/ Lewis A. McGann Council Member Serge made a motion that the minutes of the December 14, and 28, 1982, meetings of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. SPECIAL BUSINESS Council Member Serge made a motion to reappoint Bruce Gobdell to the Human Rights Commission, seconded by Council Member Dombrowski. The motion carried. REPORTS Council Member Serge indicated that the Public Works Committee had met regarding Bill No. 136 -81, regarding vacation of Lathrop Street, and recommended unanimous approval. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Taylor. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Commit. - tee of the Whole on Monday, January 11, 1982, at 7:02 p.m., with seven members pre- sent. Chairman pro tem Szymkowiak presiding. BILL NO. 144 -81 A BILL AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT, IN- DENTURE OF TRUST, MORTGAGE, NOTE AND BONDS AND APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, LEASE, MORTGAGE, NOTE AND BONDS AND AUTHORIZING THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS AND APPROVING RE- SOLUTION NO. 13 -81 OF THE SOUTH BEND ECONOMIC DEVELOPMENT i COMMISSION RELATING TO THE ROBERT H. FRESHLEY PROJECT. REGULAR MEETING JANUARY 11, 1982 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 this $225, 000 bond issue would be used to relocate, expand and remodel an existing business, Basic Machine Products. He indicated the new facility will have an ap- prenticeship program and initially create three new jobs. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 145 -81 A BILL AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT, INDEN- TURE OF TRUST, NOTE AND BONDS AND APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, LEASE, NOTE AND BONDS AND AUTHORIZING THE ISSUANCE OF ECONOMIC DEVELOP- MENT REVENUE BONDS AND APPROVING RESOLUTION NO. 14 -81 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO JEFFRY S. BEARDSLEY - BERNELL CORPORATION PROJECT. 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 this $300,000 bond issue would be used to relocate, expand and construct a facility in the Monroe - Sample Development area. He indicated the new facility will create five new jobs. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 136 -81 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 40 FOOT RIGHT OF WAY OF LATHROP STREET FROM THE NORTHEAST COR- NER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 2 EAST WEST TO THE EAST RIGHT OF WAY LINE OF BUTTERNUT ROAD, A DISTANCE OF APPROXIMATELY 3400 FEET. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Schalliol, Airport Director, indicated this vacation was necessary to the development of the Michiana Regional Airport. He indicated this would enable them to start construction of a north /south runway. John Kagel, representing the Chamber of Commerce, reading the following lettter: "The vacation of Lathrop Street, from just east of the new Air Traffic Control Tower to the east edge of Butternut Road, is the single most important action yet to be taken to insure the continuation of airport development and expansion. As soon as the street is closed, development of new Fixed Base Operator facilities can begin, creating additional jobs and enhancing the services available to the flying public. Over the last fifteen years the community has invested some $1,842,850 in land acquisition costs to make possible the necessary expansions. In addition, all planning for the future of the airport as included the closure of Lathrop Street as far back as 1944. In light of the current need for expansion, the benefits that will accrue to the community at large from the expansion, the amount of money already expended, and the amount of planning that has been accomplished, the South Bend - Mishawaka Area Chamber of Commerce, in view of its long support for the over -all Master Airport Plan, supports vacation of Lathrop Street as proposed by the Airport Authority. Jess Burns, United Wing Avaiation, Inc., spoke in favor of the vacation. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 141 -81 A BILL CREATING A SPECIAL FUND TO BE KNOWN AS THE COP FUND. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Dan Thompson, Police Chief, made the presentation for the bill. He indiated that several citizens wanted to donate money to the Police Department to purchase equipment and other items required for implementing the COP Program, therefore, a dedicated fund was necessary. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 142 -81 A BILL APPROPRIATING $10,000.00 FROM THE COMMUNITY DEVELOP- MENT BLOCK GRANT FUND FOR THE SUPPORT OF SPECIALIZED TRANS - PORATION SERVICES TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND SPE- CIALIZED TRANSPORTATION SYSTEM OF ST. JOSEPH COUNTY. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Parent made the presentation for the bill. He indicated this bill should be amended to increase the amount of the appropriation to $20,000. He indicated that the Citizen's Advisory Committee, for Community Development, had approved this increase. Council Member McGann made a motion to increase this appropriation from $10,000 to $20,000, seconded by Council member Dombrowski. The motion carried. Council Member McGann made a motion to re- commend this bill to the Council favorable, as amended, seconded by Council Member Beck. The motion carried. 2- 173 REGULAR MEETING JANUARY 11, 1982 BILL NO. 143 -81 A BILL AMENDING CHAPTER 2, ARTICLE 6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED TAX ABATEMENT PROCED- URES. 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 Re- development, made the presentation for the bill. He indicated the bill should be amended as follows; change the word "purchase" to "acquisition" throughout the bill; in paragraph (8) after the, add level of employment that will be maintained or the; page 2, paragraph (2) remove realize a net increase in, and add "retain or increase "; Sec. 2 -77, (a) remove "Upon," change pursuant to, to "with ", add "is" after Commis- sion, add "the" after for, change purposes to purpose, remove "for review and recom- mendation to the Common Council. "; page 3 (c) remove, a substantial net increase in new, and change to maintaining or increasing; Section II., do not eliminate "and legal publication." Council Member McGann made a motion to amend the bill, seconded by Council Member Dombrowski. The motion carried. Mr. McMahon indicated this bill would amend the current Tax Abatement Ordinance to include machinery and equipment provisions recently enacted by State Legislature. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, as amended, seconded by Coun- cil Member Taylor. The motion carried. ATTEST: ATTEST: City Clerk Chai an 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 7:30 p.m. Coun- cil President McGann presiding and seven members present. BILLS, SECOND READING ORDINANCE NO. 7012 -81- AN ORDINANCE AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT, INDENTURE OF TRUST, MORTGAGE, NOTE AND BONDS AND APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, LEASE, MORTGAGE, NOTE AND BONDS AND AUTHORIZING THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS AND APPROVING RESOL- UTION NO. 13 -81 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE ROBERT H. FRESHLEY PROJECT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 7013 -82 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT, INDENTURE OF TRUST, NOTE AND BONDS AND APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, LEASE, NOTE AND BONDS AND AUTHORIZING THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS AND APPROVING RESOLUTION NO. 14 -81 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO JEFFRY S. BEARDSLEY - BERNELL CORPORATION PROJECT. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 7014 -82 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 40 FOOT RIGHT OF WAY OF LATHROP STREET FROM THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 2 EAST WEST TO THE EAST RIGHT OF WAY LINE OF BUTTERNUT ROAD, A DISTANCE OF APPROXIMATELY 3400 FEET. 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 seven ayes. ORDINANCE NO. 7015 -82 AN ORDINANCE CREATING A SPECIAL FUND TO BE KNOWN AS THE COP 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 seven ayes. 1 REGULAR MEETING JANUARY 11 1982 ORDINANCE NO. 7016 -82 AN ORDINANCE APPROPRIATING $20,000.00 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 TRANSPORTATION SYSTEM OF ST. JOSEPH COUNTY. 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 Dombrow- ski. 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 seven ayes. ORDINANCE NO. 7017 -82 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED TAX ABATEMENT PRO- CEDURES. 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 Dombrow- ski. 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 seven ayes. RESOLUTIONS RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF LICENSE RENEWALS FOR SCRAP AND JUNK DEALERS. Council Member Dombrowski made a motion to continue public hearing on this resolution until January 25, 1982, seconded by Council member Taylor. The motion carried. RESOLUTION NO. 934 -82 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO: P.A.I. PROPERTIES, AN INDIANA PARTNERSHIP, PROJECT. WHEREAS, at the prsent time there are insufficient employment opportunities and insufficient diversi:fication of business", commerce and industry in and near the City of South Bend, Indiana (the "tity ") 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, Noel H. Yarger, G. Tom Yarger and John E. Reuthe, d /b /a P.A.I. Pro- perties, an Indiana partnership, ( "P.A.I. Properties ") propose to acquire and construct economic development facilities in the City of South Bend as defined in the Act if the City will finance the costs of such economic dev- leopment facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an applica- tion by P.A.I. Properties for the issuance of City of South Bend Economic Development Bonds in an approximate amount of Three Hundred fifty Thousand Dollars ($350,000.00) repayable upon terms governed by existing market rates at the time such bonds are issued in order to acquire real estate and construct and equip a manufacturing build- ing to be leased to Plast Ad, Inc., an Indiana corporation, for the purpose of the corporation conducting its business of manufacturing retail store fixtures in the facility resulting in improving and promoting job opportunities and commercial diver- sification in the City of South Bend, Indiana. NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: REGULAR MEETING JANUARY 11, 1982 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 Three Hundred Fifty Thousand Dollars ($350,000.00) 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. P.A.I. Properties may proceed with the acquisition and construction of the economic development facilities in reliance upon this resolution. 4. That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana shall be limited solely to the good faith efforts to consummate such proceeding and issue such bonds, and the South Bend Economic Development Commission, South Bend Common Council and the City of South Bend, Indiana, 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 anafter its adoption by the Common Council and approval by the Mayor. /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Richard Morgan, attorney for P.A.I., indicated this inducement resolution was for a proposed bond issue of $350,000 to construct a manufacturing building in the Monroe- Sample area. Council member Serge made a motion to adopt this resolution, seconded by Council Member Dom- browski. The motion carried on a roll call vote of seven ayes. RESOLUTION NO. 935 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE DEVELOPMENT PLAN, AS AMENDED, ANDMAKING OF RELOCATION PAYMENTS FOR THE MONROE- SAMPLE DEVELOPMENT PRO- JECT AREA. WHEREAS, the City of South Bend Redevelopment Co suant to the Redevelopment of Cities and Towns Act of (the "Act "), has conducted surveys and investigations area in the City of South Bend, County of St. Joseph, ated the area as the "Monroe- Sample Development Area" particularly described by a line drawn as follows: mmission ( "Commission "), pur- 1953, as amended, (36 -7 -14) and has thoroughly studied the State of Indiana, and design - (the "Area "), which Area is more A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: Beginning at the intersection of the centerlines of Michigan Street and Monroe Street in said City; thence East, along said Monroe Street centerline, to the centerline of Lincolnway East; thence Southeasterly along said centerline to its intersection with the centerline of State Road 23; thence Southeasterly and Westerly along said centerline (being, in part, also known as the centerline of Sample Street) to its intersection with the centerline of Michgian Street; thence North along said centerline to the place of beginning. WHEREAS, the Commission has made detailed studies of the location, physical condition of structures, land use, environmental influences, and the social, cul- tural, and economic conditions of the Area and has determined that the Area is a blighted area and that it constitutes a menace to the social and economic interests of the City of South Bend and its inhabitants and it would be of public utility and benefit to acquire real estate in such Area and redevelop the Area under the provi- sions of the Act; and WHEREAS, the Commission approved a Development Plan for the Area dated February 2, 1981,.and amended on April 16, 1981 and November 24, 1981 entitled "Monroe- Sample Development Area,Development Plan, South Bend, Indiana ", consisting of 21 pages (the "Development Plan "), which has been submitted to the Common Council for review and approval; and WHEREAS, the Commission has adopted its Declaratory Resolution No. 648 on Novem- ber 24, 1981, declaring the Area to be blighted and revising the size of the Monroe - Sample Design Review Committee as explained on page 6 of the Development Plan; and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana, which is the duly designed and acting official planning body for the City of South Bend, has is- sued its written order approving said Declaratory Resolution and the Development Plan, as amended, and has certified that said Development Plan, as amended, conforms to the master plan of development for the City of South Bend; and WHEREAS, the Common Council its cognizant of the conditions that are imposed under Title VI of the Civil Rights Act of 1964, as amended, providing that no person shall, on the grounds of race, age, sex, color, religion, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discri- mination in the undertaking and carrying out of any federally- assisted projects. REGULAR MEETING JANUARY 11, 1982 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 Area is a blighted area and qualifies as an eligible projectarea under the Act. 2. That it is hereby found and determined that the objectives of the Develop- ment Plan, as amended, cannot be achieved through more extensive rehabilitation of the Area. 3. That it is hereby found and determined that the Development Plan, as amended, for the Area conforms to the master plan of development for the City of South Bend. 4. That it is hereby found and determined that the Development Plan, as amended, for the Area will afford maximum opportunity, consistent with the sound needs of the City of South Bend as a whole, for the redevelopment of the Area by private enterprise in concert with the Department. 5. That it is hereby found and determined that the Development Plan, as amend- ed, for the Area gives due consideration to the provision of adequate park and recre- ational 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 Area. 6. That the Declaratory Resolution of the Commission and the Development Plan, as amended, are hereby in all respects approved. 7. That, in order to implement and facilitate the Development Plan hereby ap- proved, it is found and determined that certain official action must be taken by the City of South Bend with reference among other things, to changes in zoning, vacation and removal of streets, alleys and other public ways, the establishments of new st- reet patterns, the location and relocation of sewer and water mains and other public facilities, and other public actions, and accordingly, the Common Council hreby (a) pledges its cooperation in helping to carry out such Development Plan; (b) requests the various officials, departments, boards, and agencies of the City of South Bend having administrative responsiblities to likewise cooperate to such end and to exer- cise their respective functions and powers in a manner consistent with the Develop- ment Plan; and (c) stands ready to consider and take appropriate action upon proposal and measures designed to effectuate the Development Plan, as amended. 8. That the United States of America be, and hereby is assured of full comp- liance by the City of South Bend with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the regulations of the Department of Housing and Urban Development effectuating that Title. 9. That this Resolution shall be in fullf orce and effect from and after its adoption by the Common Council and approval by the Mayor. 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 this resolution would add two more people to the design review committee. Council Member Serge made a motion to adopt this resolu- tion, seconded by Council Member Dombrowski. The motion carried on a roll call vote of seven ayes. RESOLUTION NO. 936 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE INSTITUTE OF MUSEUM SERVICES A GRANT APPLICATION FOR GENERAL OPERATING SUPPORT MONIES FOR DISCOVERY HALL. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, and is the Applicant for Institute of Museum Services funds for Discovery Hall. NOW, THEREFORE, BE IT RESOLVED, BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SECTION I. That the Mayor of the City of South Bend is hereby authorized to submit an application for $18,300, in General Operating support funds which may be used for most general operating expense items of the museum (including additional staff Personnel in Discovery Hall Museum). SECTION II. That for every category established under this resolution theMayor shall submit to the Common Council a line item budget in Ordinance form prior to any expenditures of any grant money received upon approval of the application. SECTION III. That this resolution shall be in full force and effect from andafter its adoption by the Common Council and approval by the Mayor. /s/ Lewis A. McGann Member of the Common Council REGULAR MEETING JANUARY 11, 1982 A public hearing was held on the resolution at this time. Gust Saros, Director of Discovery Hall, indicated that this grant could be used for most general operating expense items of the museum. Council Member Beck made a motion to adopt this resol- ution, seconded by Council Member Zielinski. The motion carried on a roll call vote of seven ayes. RESOLUTION NO. 937 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DEMONSTRATING OUR SOLIDARITY WITH THE POLISH PEOPLE. P. e WHEREAS, on December 13, 1981, martial law was imposed in Poland thereby sus- pending the people's basic civil rights, and established curfews and other civil restraints; and WHEREAS, the Polish military cracked down on the independent trade union move- ment Solidarity and were authorized to use "coercion to restore calm, law- and - order "; and WHEREAS, the internal struggles within Poland for basic freedoms show the strength and courage of a proud, hard - working people who continue to exert passive resistance during these troubled times. NOW, THEREFORE, BE IT RESOLVED by the Common council of the City ofSouth Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, express their deep concern and hope that the imposition of martial law in Poland will soon be lift- ed. SECTION II. The Common Council of the City of South Bend, Indiana, hope that all people regardless of their heritage will join in a humanitarian effort to aid the people of Poland. SECTION III. The Common Council of the City of South Bend, Indiana, on behalf of all of its citizens, join in with the millions of other people throughout the world in hoping that "Peace with Dignity" will soon be restored in Poland. 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. Raymond C. Zielinski Walter M. Szymkowiak Richard C. Dombrowski Beverly D. Crone John Voorde Joseph T. Serge Beverlie J.Beck Lewis A. McGann Robert G. Taylor A public hearing was held on the resolution at this time. Council member Zielinski read the resolution. Council Member Szymkowiak made a motion to adopt the resolu- tion, seconded by Council Member Serge. The resolution was adopted by a roll call vote of seven ayes. RESOLUTION NO. 938 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS PARCEL 1, MONROE SAMPLE AREA, 800 BLOCK LINCOLN WAY EAST AS AN URBAN DEVELOPMENT AREA FOR THE PURPOSES OF TAX ABATEMENT CONSIDERATION. WHEREAS, 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 Lots 107, 108, 109, 110, 111, 112, 113 and 114 in Rush's 4th Addition to the City of South Bend, Indiana, as found in Plat Book 4, page 54; EXCEPT the Northerly 19.5 feet of said Lot 107 thereof. ALSO, lot 115 of Rush's 4th Addition to the City of South Bend, Indiana as fund in Plat Book 4, page 54, EXCEPT the Northerly 19.5 feet: ALSO, Lot C in Frantz 3rd Addition to the City of South Bend, Indiana, as found in Plat Book 5, page 17: ALSO, part of Lot 1 and part of Lot D in said Frantz' 3rd Addition to the City of South Bend, Indiana, described as follows: Beginning at a point on the Westerly line of Lincoln Way East, beging the most Easterly corner of said Lot 1: thence Southwesterly along the Southerly line of said Lot 1, a distance of 129 feet recorded, (129.2 feet measured), to a point 20 feet, recorded, (20.1 feet measured) Northeasterly (measured along said Southerly line of said Lot 1), of the most Southerly corner of said Lot 1; thence Northwesterly a distance of 82.5 feet, recorded, (82.2 feet measured) to a point on the West line of said Lot D, 4.15 feet South of the Northwest corner there- of; thence North on the West line of said Lot D a distance of 4.15 feet to the North- west corner of Lot D; thence Northeasterly on the Northerly lines of Lots D and Lot 1 to the Westerly line of Lincoln Way East and the most Northerly corner of said Lot 1; - REGULAR MEETING JANUARY 11 1.982 thence Southeasterly on the Westerly line of Lincoln Way East a distance of 51.5 feet recored, (51.0 feet measured), to the point of beginning. EXCEPT a strip of land 4 feet in uniform width Northesterly along the said Southerly line of said Parcel 2. ALSO, Lots 116, 117, 118, 119 in E. Rush's First Addition, City of South Bend, Ind- iana. ALSO, Lot 9 as shown on the recorded plat of Frantz' 3rd Addition to theCity of South Bend, Indiana, in Plat Book 5, page 17, in the Office of the Recorder of St. Joseph County, Indiana: EXCEPT the following described parcel: Beginning at the South- easterly corner of said Lot 9; the thence Northwesterly along the Westerly right of way of George Ave. (formerly Frantz Ave.) 84.5 feet, thence Southwesterly parallel with the South line of said Lot 9, 49.9 feet to the Easterly right of way of an al- ley; thence southerly, along said alley right of way, 99.1 feet to lthe Southwesterly corner of said Lot 9; thence Northeasterly, along the Southerly boundary of said Lot 9, to the point of beginning. be designated as an Urban Development Area under the provisions of Indiana Code 6- 1.1- 11.1 -1 and that the public utility and benefit of the project be determined; and WHEREAS, the Redevelopment Commission has conducted an investigation pursuant to Section 2 -77 of the Municipal Code and prepared a report determining that the area qualified as an Urban Development Area under Indiana Code 6- 1.1- 12.1 -1 and has fur- ther 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 des- cribed be designated an Urban Development Area and hereby adopts a resolution des- ignating this area as an Urban Development Area for purposes of real property Tax Abatement. SECTION II. That the Common Council requests the City Clerk to submit this Resolution along with supporting data to the Area Plan Commission for its written order approving or disapproving this resolution. SECTION III. That the Common Council directs the City Clerk, upon receipt of the report of the Area Plan Commission to cause notice of the adoption of this res- olution 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. Richard Paulen, attorney for the petitioner, indicated this abatement was being requested for a new facility to be located in the Monroe /Sample Development area. Council Member Beck made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of seven ayes. BILLS. FIRST READING ORDINANCE NO. 7018 -82 AN ORDINANCE REQUESTING VACATION OF A PUBLIC RIGHT OF WAY IN THE MONROE - SAMPLE DEVELOPMENT AREA. This bill had first reading. Council Member Dombrowski made a motion to suspend rules and have public hearing and second reading on this bill, seconded by Council Member Zielsinki. The motion carried on a roll call vote of seven ayes. 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 Redevelopment, made the presentation for the bill. He indicated that this alley vacation was being requested for the proposed building of a new facility for P.A.I. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of seven ayes. BILL NO. 2 -82 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) (217 -223 E. OHIO.) This bill had first reading. Council Member Taylor made a motion to this bill to Area Plan, seconded by Council Member Beck. The motion carried. BILL NO. 3 -82 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 (ODD FELLOWS BLDG.) REGULAR MEETING JANUARY 11, 1982 This bill had first reading. Council Member Dombrowski made a motion to this bill to Area Plan, seconded by Council Member Zielinski. The motion carried. BILL NO. 4 -82 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) (INTERSECTION OF BRICK ROAD AND U.S. 31 BY- PASS.) This bill had first reading. Council Member Dombrowski made a motion to refer this bill to Area Plan, seconded by Council Member Beck. The motion carried. BILL NO. 5 -82 A BILL APPROPRIATING THE SUM OF $46,534.33 FROM THE CUMULA- TIVE SEWER BUILDING AND SINKING FUND TO THE GENERAL IMPROVE- MENT FUND. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading, January 25, seconded by Council Member Dombrowski. The motion carried. BILL NO. 6 -82 A BILL REQUESTING VACATION OF VARIOUS PUBLIC RIGHTS -OF -WAY IN THE MONROE - SAMPLE DEVELOPMENT AREA IN 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, January 25, seconded by Council Member Dombrowski. The motion carried. BILL NO. 7 -82 A BILL AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REQUIRE LICENSING OF PRECIOUS METALS DEALERS. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading, January 25, seconded by Council Member Dombrowski. The motion carried. BILL NO. 8 -82 A BILL RECODIFYING CHAPTER 1 AND A PORTION OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading, February 8, and refer it to the Recodification Committee, seconded by Council Member Dombrowski. The motion carried. BILL NO. 9 -82 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) (1802 WERWINSKI.) This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Zielinski. The motion carried. PRIVILEGE OF THE FLOOR Mayor Parent thanked the staff of the Street Department who have worked hard all weekend on snow removal. UNFINISHED BUSINESS Report from Area Plan, Bill No. 138 -81, 701 W. LaSalle, and Bill No. 139 -81, 2119 Portage. Council Member Dombrowski made a motion to set these bills for public hear- ing and second reading January 25, seconded by Council Member Taylor. The motion carried. There being no further business to come before the Council, unfinished or new, Coun- cil Member Dombrowski made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 7:55 p.m. ATTEST: 1 City Clerk