HomeMy WebLinkAbout09-13-82 Council Meeting Minutes343
REGULAR MEETING SEPTEMBER 13,1982
Be its remembered that the Common Council of the City of South Bend met in the
Council Chambers of the County -City Building on Monday, September 13, 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, Crone, Harris, 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 res-
pectfully report that it has inspected the minutes of the August 23, and 25, 1982,
meetings 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 23, and 25, 1982,
meeting of the Council be accepted and placed on file, seconded by Council Member
Beck. The motion carried.
REPORTS
Council Member Voorde indicated that the Human Rsources Committe had met to discuss
Bill No. 88 -82, and made no recommendation.
Council Member Beck indicated that the Residential Neighborhood Committee had met
regarding the closing of streets and alleys around St. Joseph Hospital, and gave a
favorable recommendation. She indicated they had met on the closing of an alley for
the Penny Saver and gave an unfavorable recommendation.
Council Member Zielinski indicated that the Utilities and Committee and Personnel &
Finance Committee had met to review the rates presently being charged for sewage and
water.
Council Member Crone indicated that the Personnel & Finance Committee had met on
bill nos. 97 and 98 -82, regarding salary increases for the City Engineer and City
Attorney, both bills received an unfavorable recommendtion.
Council Member Taylor made a motion to resolve into the Committee of the Whole,
seconded by Council Member Beck. The motion carried.
COMMITTEE OF THE WHOLE
Be it remembered that the Common Council of the City of South Bend met in the Committee
of the Whole on September 13, 1982, at 7:11 p.m., with nine members present. Chair -
man- Voorde presiding.
BILL- "90.' 95 -82 -A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:1. THE
EAST -WEST STREET KNOWN AS MADISON IN THE BLOCKS BOUNDED BY
ST. LOUIS AND NOTRE DAME; 2. THE NORTH -SOUTH STREET KNOWN
AS ST. PETER IN THE HALF BLOCK BOUNDED BY MADISON AND THE
EAST -WEST ALLEY APPROXIMATELY HALFWAY BETWEEN MADISON AND
LASALLE; 3. THE EAST -WEST ALLEY IN THE HALF BLOCK BOUNDED
BY ST. LOUIS AND THE NORTH - SOUTH ALLEY APPROXIMATELY
HALFWAY BETWEEN ST. LOUIS AND ST. PETER, ALL LOCATED IN
SAMUEL COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF
THE CITY OF SOUTH BEND.
Now is the time heretofore set for public hearing on the above bill, proponents and
opponents were given an opportunity to be heard. Don Larrimore, Sr. Vice President
of St. Joseph Medical Center, made the presentation for the bill. He indicated the
vacation of the alleys and streets were necessary in order that the hospital could
complete their 26 million dollar expansion program now in process. John Ford, attorney
for the medical center, indicated that in order for the hospital to expand it must
have the approval of this vacation. He presented a petition with 22 sigatures of
immediate property owners in favor of this expansion. He indicated they have granted
a permanent easement for the property owners on LaSalle and for the turning radius
for the north -south alley which will be recorded in proper form. He indicated the
hospital agreed to pay for signalization, if necessary, at LaSalle and St. Peter,
not to exceed $50,000. James Nafe, attorney, representing Western and Southern
Insurance Company, indicated they were against closing of the streets because of the
inconvenience it will cause them and their customers. Doris Purucker, 2001 Portage,
spoke, against the unnecessary hospital expansion. She indicated that the competition
befwe`eh the two hospitals was driving up the cost of hospital care. Council Member
Beck made a motion to recommend this bill to the Council favorable, seconded by
Council Member Taylor. The motion carried.
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RRGITLAR MEETING SEPTEMBER 13. 1982
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BILL NO. 96 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALL
I= THAT PART OF THE FOURTEEN (14) FOOT WIDE PUBLIC ALLEY
EXTENDING FROM MICHIGAN STREET ON ITS WESTERLY BOUNDARY TO
fit THE FIRST FOURTEEN (14) FOOT NORTH -SOUTH PUBLIC ALLEY ON
ITS EASTERLY BOUNDARY, SAID ALLEY LYING SOUTH OF AND
ADJACENT TO LOT NUMBERED 62 IN THE RECORDED PLAT OF
BOWMAN'S FOURTH ADDITION TO THE CITY OF SOUTH BEND, ■
INDIANA.
As there was no one in the Chambers to make the presentation for this bill, Council
Member Taylor made a motion to continue public hearing to the last item, seconded by
Council Member Beck. The motion carried.
BILL NO. 100 -82
A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST
NORTH -SOUTH ALLEY WEST OF MICHIGAN STREET RUNNING NORTH
FROM THE NORTH RIGHT -OF -WAY OF THE 1ST EAST -WEST ALLEY
NORTH OF MADISON STREET FOR A DISTANCE OF 132' MORE OR LESS
TO THE PROJECTED RIGHT -OF -WAY LINE OF THE MICHIGAN -MAIN
CONNECTOR ADJACENT TO LOTS 166, 167 AND LOTS 158, 159 OF
THE ORIGINAL PLAT OF SOUTH BEND. ALSO, THE 1ST EAST -WEST
ALLEY NORTH OF MADISON STREET RUNNING WEST FROM A POINT 6'
WEST OF THE 1ST NORTH -SOUTH ALLEY WEST OF MICHIGAN STREET
TO THE EAST RIGHT -OF -WAY LINE OF THE MICHIGAN -MAIN CONNECTOR
ADJACENT TO LOTS 165 AND 166 OF THE ORIGINAL PLAT OF SOUTH
BEND.
Now is the time heretofore set for public hearing on the above bill, proponents and
opponents were given an opportunity to be heard. Ron Olson, representing the Town
Tower Motel, indicated that they proposed to take a vacant building and make it into
a budget office building. He indicated they needed the alley vacation in order to
provide more parking. Council Member Crone made a motion to amend the bill, in
Section I, by adding to the end of the word "property ", with the herein described
east -west alley conditioned upon permanent easement rights being granted by the Town
Tower Motel Corporation for ingress and egress over that portion vacated, seconded
by Council Member Zielinski. Joseph Kernan, City Controller, indicated there might
be a problem with this amendment. Council Member McGann made a motion to recess in
order to study the site plan, seconded by Council Member Szymkowiak. The motion
carried and the meeting was recessed at 7:50 p.m., and reconvened at 7:55 p.m. Council
Member Crone withdrew her motion and made a motion that public hearing be continued
until February 27, and refer this back to the Board of Works, seconded by Council
Member Taylor. The motion carried.
BILL NO. 88 -82
A BILL APPROPRIATING $500,000 FROM THE 1982 COMMUNITY BLOCK
GRANT FUND TO SUPPLEMENT THE ECONOMIC DEVELOPMENT CAPITAL
FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA,
THROUGH ITS 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. Jon Hunt, Director of Redevelopment,
made the presentation for the bill. He indicated the purpose of this appropriation
was to transfer money to the South Bend Development Corporation to allow them to
participate in a financing plan to retain Robertsons in downtown South Bend. He
indicated there was no certainty the project will succeed, even with this appropriation.
He indicated this will be an opportunity to retain an important business in the
downtown area and to retain it under local ownership, which is important. He indicated
that the success of the project was in the hands of the private sector. He indicated
that�`Wickes may take the position of simply liquidating and moving out. He indicated
that favorable action of the bill would at least create an opportunity to retain
this-business. He indicated that if Robertsons closed it would have a tremendous
adverse effect on the remaing small businessmen in the downtown area, as well as the
Century Mall Project. He indicated there had been much discussion and debate about
the protection of the present employees. He indicated that the Mayor, the Development
Corporation, and the Council have made it clear that they hope, and will try in
everyway possible to see that those employees have an opportunity to remain at the
store. He indicated that 'no body knows what is going to happen, with the employment
situation at this point. He indicated they had been told by the representative of
the investment group that financial institutions he has been dealing with will except
no restrictions on this appropriation bill that will effect any business plans; any
management rights; and that would effect the economic or financial feasibility of
the .project. He indicated there was a disagreement over what could be put in the
bill, that would assure to the greatest extent possible that the present employees
wnuld he nrntected. He indicated thev were offerina an amended bill. He indicated
there were three issues the Council wanted addressed: 1. The Council retain some
control- over the money in terms of where that money should go; 2. That the money be
retarrr--in the City of South Bend; 3. To build in some language that would project
the .,current employees. He indicated that should this bill be voted down we will
lose't'he opportunity to retain Robertsons. He indicated that if additional restrictions
were, placed on the bill, it will cause the investor group to lose the financial
institutions. Council Member Taylor made a motion to accept the amended version of
the bill, seconded by Council Member Serge. The motion carried. David Liberman,
1928 Tnwood, indicated that Robertsons was failing cause of poor management. Harold
HuettI' president of USCW Local 37, representing a good many of the employees of
Robertsons, indicated they were in favor of keeping Robertsons in South Bend, but
they want some assurance that the present employees would be kept on the payroll.
He indicated that the present employees were willing to have their representatives
meeting with any new investment group and negotiate a different contract that would
have concessions. Phil Crone, 301 Donmoyer, Chairman of the UAW: Action Council,
indicated the real question is whether the Council has the courage to tell any investor
who wants public funds that those funds would not be available unless they were
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REGULAR MEETING SEPTEMBER 13, 1982
spoke against this bill. Council Member Crone made a motion to amend this bill by
deleting-- the - -present Section -•III, - -and substitute- .the..foll.owing: This appropriation
is 'subject to the following condition: that, each direct and indirect recipient of
said funds herein appropriated shall agree that fair and equitable arrangements
shall be made to protect the interests of any current employees affected by such
financial assistance. Such arrangments representative of such current employees so
that a policy of non - displacement of current full -time employees is met. The Division
of Community Development shall be charged with overseeing this provision. Failure
to comploy with the non - displacement policy, shall be grounds for automatic repayment
of such funds received, to the City of South Bend, Indiana.; seconded by Council
Member McGann. Council Member Taylor indicated that if this language was put in the
bill, the project was dead. The motion passed by a roll call vote of five ayes and
four nays (Council Members Serge, Beck, Taylor, and Zielinski.) Council Member
McGann made a motion to recommend this- -bill to the Council favorable, as amended,
seconded by Couricil Member• Szymkowia•k. The motion:;carried. '
Council Member McGann made a motion to recess�,�'seconded'by"Council Member Taylor.
The motion carried and the meeting was recessed at 9:15 p.m., and reconvened at 9:28
p.m.
BILL NO. 93 -82 A BILL OF THE CITY OF SOUTH BEND, INDIANA, BANNING THE,
DEMOLITION OF HISTORIC BUILDINGS IN THE DOWNTOWN AREA, FOR
A PERIOD OF F I VE-.: .(5 ) YEARS.
Council Member McGann made a motion to continue public hearing on this bill until
September 27,• 1982•, seconded by Council Member Harris. The. motion- carried.
Council Member Beck made a motion to combine public hearing on Bill No. 97 and 98,
seconded by CouncilMember Taylor. The motion carried. _
BILL NO. 97 -82 A BILL FIXING THE MAXIMUM SALARY FOR THE CITY ATTORNEY IN
THE DEPARTMENT OF REDEVELOPMENT.
Now is the time heretofore set for public hearing on the above bills, proponents and
opponents were given an opportunity to be heard. Joseph Kernan, City Controller,
made the presentation for the bills. He indicated the Administration was asking for
additional compensation because they have assumed additional responsibilities. He
indicated this method of compensation was not new, and it had been used in previous
administrations. Jane Swan, 1706 S. Walnut, spoke against these increases. Council
Member Beck made a motion to recommend this bills to the Council favorable, seconded
by Council Member Taylor. The motion carried on a roll call vote of five ayes and
four nays (Council.Members Szymkowiak, Crone, Voorde and McGann -)
Council Member Beck made a motion to continue public hearing until September 27,
seco -nded- by- CounciJ Member-- H- arrLs. The. motion .ca.rx- i.ed -.-
There being no further business to come before the Commitee of the Whole, Council
Member Taylor made a motion to rise and report to the Council, seconded by Council
Member - Zielinski.. The motion carried.,
ATTEST: ATTEST:
City Clerks �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 9:50 p.m. Council
President McGann presiding and nine members present.
BILLS, SECOND READING
ORDINANCE NO. 7097 -82 AN ORDINANCE -TO VACATE THE FOLLOWING DESCRIBED.PROPERTY: _
l: THE EAST -WEST STREET.KNOWN AS MADISON -IN THE BLOCKS
BOUNDED BY ST. LOUIS AND NOTRE DAME;- 2. 'THE.NORTH- SOUTH.
STREET KNOWN AS ST. PETER IN THE HALF BLOCK BOUNDED BY
MAD1SON.. ANII;THE,.Eh$.T -WF�ST ALLEY_APPROXIMATELY HALFWAY; 12
t BETWEEN. MADIS.9N. AND LA$AL�E,; 3.. 'SHE EAST -WEST ALLEY IN' 'TH2
HALF BLOCK BOUNDED BY -ST. LOUIS'_Aib THE-NORTH-SOUTH ALLEY
iAPPROX.IM4TE,4Y IALFgAY BETWEEN ST, LOUIS AND ST. PETER, ALL
OCATED.IN;SAMUEL COTT1RELLr- FIkST ADDITION TO LOWELL, NOW
i czi. ;A Pl�i?T „OP THE ,CITYa OF ,OU.TH`BIND. i
This bill had second reading. Council Member Serge made a4motion to pass this bill`,
seconded by Counc_il.Member.Taylor. The bill passed by -a roll call vote of nine
ayes.
ORDINANCE NO. 7098 -82
AN ORDINANCE APPROPRIATING $500,000 FROM THE 1982 COMMUNITY_
BLOCK GRANT FUND TO SUPPLEMENT THE ECONOMIC DEVELOPMENT
CAPITAL FUND LTO BE ADMINISTERED BY THE CITY OF SOUTH BEND,
IDNIANA, THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT FOR`
THE RETENTION OF THE RETAIL STORE CURENTLY KNOWN AS ROBERTSONS.
This bill had second reading. Council Member Beck made a motion to amend this bill
as amended in the Committee of the Whole, seconded by Council Member Zielinski. The
motion carried. Council Member Beck made a motion to pass this bill as amended,
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ORDINANCE NO. 7099 -82 AN ORDINANCE FIXING THE MAXIMUM SALARY FOR THE CITY ATTORY IN THE DEPARTMENT
OF REDEVELOPMENT.
This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by
ZymxowiaK, crone,
ORDINANCE NO. -7100, 8 7 A; BILL FIXING THE MAXIMUM . SALARY - FOR _,THE, ,POSI'T'ION Of i ,,W..ATER,
::�. �VJORIaPRQJFC' EA�GNEER TQ ,BE H4LI;BY E CT.,ENq NEE
This bill had second reading. Council Member Serge made a motion to pass this bill,
seconded by Council Member Beck. The bill passed by a roll call vote of five ayes
and'-four nays (Council Members Szymkowiak, Crone, Voorde and McGann.)
RESOLUTIONS
RESOLUTION NO. 98$ -82 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREA WITHIN THE CITY OF
SOUTH BEND, COMMONLY KNOWN AS 228 E. BRONSON TO BE AN URBAN
DEVELOPMENT AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT
AND A DETERMINATION OF THE PUBLIC UTILITY AND BENEFIT OF
_.,.. THE PROJECT PROPOSED FOR TAX ABATEMENT CONSIDERATION.
WHEREAS, the Common Council of South Bend has adopted a Declaratory Resolution
designating certain areas within the City as Urban Development Areas for purposes of
tax abatement consideration; and
WHEREAS, a Declaratory Resolution designating the area commonly known as and
more particularly described by a line drawn as follows:
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.,. i?" ,:1 _.'' . _' C .� .� �,� '• ;3f'i.:_ 7 C;." - I-)''
Lots -13 .and - l5' of: ,Monroe- Sampi.e Red:eve3 opine , Area; ,C y-a.�f Sauth. Bend, .nd -iana.
and more particularly described as follows:
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DISPOSITION PARCEL NO. 13
Lots P, Q, R, S, T, U, V, Y, Z, AA, AB,.AC, AD, part of lot W, and adjacent
vacated alleys in A. R. Sample's Subdivision of lots 26, 27, and 28, Denniston
and Fellows Addition, South end, Indiana for City of South Bend Department of
Redevelopment
DISPOSITION OF PARCEL No. 15
Lots E. L, M. and N, in A. R. Sample's Subdivision of lots 26,27 and 28, Denniston
,:and Fellows Addition, South Bend, Indiana and adjacent vacated alleys for City
of South Bend Department of Redevelopment
is an Urban Development Area; and
WHEREAS, the Area Plan Commission has submitted to the Council its written
order approving for the Declaratory Resolution to the Council; and
WHEREAS, notice of the adoption of a Declaratory Resolution and public hearing
for the purposes of hearing persons in favor of the proposed project and those
remostrators who were opposed to the proposed project; and
WHEREAS, the Council has determined the public utility and benefit of the
project.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. That the Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Urban Development Area for purposes of
tax abatement consideration and confirm its determination of the project's public
utility and benefit.
:- SECTION II. This resolution shall be in full force and effect from and after
its adoption by the Common Council and approval by the Mayor.
/s/ Lewis A. McGann
Member of the Common Council
A public hearing was held on the resolution at this time. John Hunt Director of
Redevelopment, indicated this was a reaffirmation of a declaratory that has already
been adopted. Council Member Voorde made a motion to adopt this resolution,
seconded by Council member Beck. The resolution was adopted by a roll call vote of
nine ayes.
RESOLUTION NO. 989 -82 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREA WITHIN THE CITY OF
SOUTH BEND, COMMONLY KNOWN AS 701 SOUTH MAIN TO BE AN URBAN
DEVELOPMENT AREA FOR PURPOSES OF REAL PROPERTY TAX
ABATEMENT AND A DETERMINATION OF THE PUBLIC UTILITY AND
BENEFIT OF THE PROJECT PROPOSED FOR TAX ABATEMENT
CONSIDERATION.
WHEREkS, ' the Common Council of "So'uth- Bend has adopted' a 'Decl-ei -&t— 6ry ''Resolution''
designating certain areas within the City as Urban Development Areas for purposely of
tax abatement consideration;, and
WHEREAS, a Declaratory Resolution designating"the`area commonly known as 701
South Main and more particularly described by a line drawn as follows:
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REGULAR MEETING SEPTEMBER 13, 1982
ALL THAT PARCEL of land, being a portion of the right of way of railroad of
Consolidated Rail Corporation (Formerly Philadelphia, Baltimore & Washington
Railroad Company) known as the Plymouth Secondary and identified as Line Code
.3224 in the Township of Portage, City of South Bend, County of St. Joseph and
State of Indiana, being a part of the Southwest quarter of the Southwest
quarter of Section 12, Township 37 North, Range 2 East; Lots 25, 26, 27 and the
east half of a 14 foot alley in Martin and Tutt's Second Sothern Addition,
which lots and alley are not vacated; Lots 250 and 251 in Daniel Garst's Replat
of part of Daniel vacated. alleys in Daniel Garsts' First Addition; Tore particularly
bounded and described in accordance with a Plat of Survey; prepared,by Mayor
Goloubow, Registered Land Surveyor, No. 9974.,,dated,March 30,.1982 and revised
to April 9, 1982 as follows:
BEGINNING:at the .intersection of the West line, of Main Street wth the South
line east corner of Lot 25 shown on the Original Plat of Martin and Tutt's-
Second Southern Addition to the Town of South Bend which lot is now vacated;
.thence North 89056140" West along said South line of Bronson-Sreet 172.36-feet
-:to the Northeast corner of Tract No..2 as shown on the Studebaker Corp. Re.plat
" as recorded in�Plat Book 11, Page 184 in the Office of the Recorder of St.
Joseph County; Indiana, thence South-00049'37"-East along -said Nor-th"line -of
Tutt Street, 172.41 feet to the West line of Main Street, which point is Ithe
Southeast corner of Lot 251 as shown on Daniel Garst's Replat of part of Daniel
Garst /s First Addition as recorded in Plat Book 4, Page 10 in the Office of the
Recorder of St. Joseph County, Indiana; thence North 00009'41" West along said
`West line-of-Main Street, .763..7.1 feet to .the. ,point of beginning.
CONTAINING 3.024 acres, more or less.
BEING a portion of the premises which the Trustees of the Property of the
Phildelphia, Baltimore and Washington Railroad Company, Debtor, by Conveyance
Document No. PB &W- CRC- RP -47, dated March 29, 1976 and recorded in St. Joseph
County, Indiana, as Document No. 7820288, granted and conveyed unto Consolidated
Rail Corporation.
TOGETHER.with the buildings -and improvments: thereon erected.
Subject to any easements, covenants, or restrictions of record..
is an Urban Development Area; and
WHEREAS,.the Area Plan Commission has submitted, to,the.Council its written
order approving for the Declaratory Resolution to the Council; and
WHEREAS, notice of the adoption of a Declaratory Resolution and public hearing
for the purposes of hearing persons in favor of the proposed project and .those remonstrat I
who were opposed to the proposed project; and
WHEREAS, the Council has determined the public utility and benefit of the project.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. That the Common Council hereby confirms its
Declaratory Resolution designating the area described herein as an
Urban Development Area for purposes of tax abatement consideration and
confirm its determination of the project's public utility and benefit.
SECTION II. This resolution shall be in full force and effect from and after
its adoption by the Common Council and approval by the Mayor.
/s/ Lewis A. McGann
Member of the Common Council
A public hearing was held on the resolution at this time. Jon Hunt, .Director of
Redevelopment, indicated this was a reaffirmation of a declaratory resolution passed
to grant tax abatement. Kathryn Brookins, 701 W. LaSalle, spoke against tax abatements.
Council member Voorde made a motion to adopt this resolution, seconded by Council
Member Taylor. The resolution was adopted by a roll call vote of nine ayes.
Council Member Beck made.a motion to combine public hear "ing_on the next two resolutions,
seconded by Council Member Taylor. The motion carried.
RESOLUTION NO. 990 -82
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREA WITHIN THE CITY OF
SOUTH BEND, COMMONLY KNOWN AS WESTERN END OF CALVERT STREET
TO BE AN URBAN DEVELOPMENT AREA FOR.PURPOSES OF REAL
PROPERTY TAX ABATEMENT AND A DETERMINATION OF THE PUBLIC'
UTILITY AND BENEFIT.OF THE PROJECT PROPOSED FOR.TAX
ABATEMENT CONSIDERATION.
WHEREAS, the Common Council of South Bend has adopted a Declaratory Resolution
designating certain areas within the City as Urban Development Areas for purposes of
tax abatement consideration; and
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REGULAR MEETING SEPTEMBER 13, 1982
WHEREAS, a Declaratory Resolution designating the area commonly known as the
western end of Calvert Street and more particularly described by a line drawn as
follows:
A parcel of property in St. Joseph County, Indiana, Section 16, Township 37 North,
Range,2 East including the east one -half of the northeast one - quarter of the southwest
one - quarter of Section 16 and the north one -half of the southeast one - quarter of
Section 16.
EXCEPTING therefrom a certain tract of land described as beginning at the northeast
corner of the' southwest quarter of said Section 16; thence south 33 feet, thence
west 16 feet; thence south parallel with the east li -ne of said•Sec.tion 16 3.67
feet, thence west parallel with:the cente•rline.of said Section 1.6 to_.the..e.ast
n
asthefsame has-'be'en ben_ and is now `locatedSe l
thence northeasterly alonq.theaeaste Company
ly
line -of said right -of -way to the east and west centerline of said Section 16;
thence along said centerline of said Section 16 to the east line thereof and
the place of beginning containing 27.017 acres, more.or less, and conveyed to
the New Jersey; Indiana and Illnois.Railroad Company by•deeds•r-ecorded respectively',
in Deed :Record•1.64;' Page 40 and -:Deed Record 193., page '191,' Of the;r.ecards of
St. Joseph County, Indiana;
AND ALSO EXCEPTING thereform the right-of-way of the New Jersey, Indiana -and
Illinois Railroad Company and the PennCentral Railroad, now known as Conrail.
Subject to all legal highways, the total parcel containing 70 acres more or
less.
is an Urban Development Area; and
WHEREAS, the Area Plan Commission has submitted to the Council its written
order approving for the Declaratory Resolution to the Council; and
WHEREAS, notice of the adoption of a Declaratory Resolution and public hearing
for the purposes of hearing persons in favor of the proposed project and those remonstra
who were opposed to the proposed project; and
WHEREAS, the Council has determined the public utility and benefit of the project.
NOW, THEREFORE,'BE IT RESOLVED by the Common Council of the City of_Sbuth Bend,
Indiana, as follows:
SECTION II: This resolution shall be in full fofce 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
RESOLUTION NO. 991 -82 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY. -.
RESOLUTION DESIGNATING THE PROPERTY COMMONLY KNOWN AS THE
WESTERN END OF CALVERT STREET AS AN URBAN DEVELOPMENT AREA
FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT PURPOSES AND A
DETERMINATION OF THE PUBLIC UTILITY AND BENEFIT OF THE
PROPOSED PROJECT.
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Urban Development
Areas for purposes of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designating the area commonly known as the
western end of Calvert Street and more particularly described by a line drawn as
follows:
A parcel of property in St. Joseph County, Indiana, Section 16, Township 37_'North,'-'
Range 2 East including the east one -half of the northeast one- quarter of the southwest
one - quarter of Section 16 and the north one -half of the southeast one - quarter of
Section 16.
EXCEPTING - therefrom -a certain tract of land-described as beg inn i•ng•-a • •the °- north•e'ast
corner of. the southwest quarter of said Section -16 thence south 33 feet, thence
west 16 feet;-thence south parallel with -the east line of-said Section 16 367 feet,
thence west parallel with the centerline of'said Section 16, to the east line of the
right -of -way of the New Jersey, Indiana and Illinois Railroad Company as the same
has been and is now located; thence northeasterly along the easterly line of said
right -of -way to the east and west centerline of said Section 16; thence along said
centerline of said Section 16 to the east line thereof and the place of beginning
containing 27.017 acres, more or less, and conveyed to the New Jersey, Indiana and
Illinois Railroad Company by deeds recorded respectively in Deed Record 164, Page 40
and Deed Record 193, page 191, of the records.of St. Joseph County, Indiana;
ors
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REGULAR MEETING SEPTEMBER 13, 1982
AND ALSO EXCEPTING thereform the right -of -way of the New Jersey, Indiana and Illinois
Railroad Company and the PennCentral Railroad, now known as Conrail.
Subject to all legal highways, the total parcel containing 70 acres more or
less.
is an Urban Development Area; and
WHEREAS, the Area Plan Commission has submitted to the'Council its written
ord-er approving the Declaratory Resolution to the. Council; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council having been published pursuant to Indiana Code 36 -7 -14-
17;`and
WHEREAS, the Council held a public hearing for the'purposes of hearing persons
in favor of the proposed project and those remonstrators who were opposed to the
proposed project; and
WHEREAS, the Council has determined the public utility and benefit -6f"the- pro_;_:
ject.
NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution No.
986 -82 adopted by the Council on August 30, 1982, which designated the
area described hererein as a Urban Development Area for the purposes of Tangible
Personal Property tax abatement consideration and confirms its determination of the
project's public utility and benefit.
SECTION II. This resolution shall be in full force and effect from and after
its adoption by the Common Council and approval by the Mayor.
/s/ Lewis A. McGann
Member of the Common Council
A public hearing was held on the resolutions at this time. Jon Hunt, Director of
Redevelopment, indicated this was a reaffirmation of declaratory resolutions passed
by the ethanol plant. Council Member Beck made a motion to adopt Resolution No.
990 -82, seconded by Council Member Serge. The resolution was adop't'ed by" a- fdl -l' call'
vote of nine ayes. Council Member Szymkowiak made a motion to adopt Resolution No.
991 -82, seconded by Council Member Beck. The resolution was adopted by a roll call
vote of nine ayes.
RSOLUTION NO. 992 -82
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING THE AWARD OF THREE CONTRACTS IN
EXCESS OF $10,000.00 FOR THE REHABILITATION WORK -IN -THE.
COMMUNITY DEVELOPMENT PROGRAM THROUGH THE BUREAU OF
HOUSING'S REHABILITATION LOAN PROGRAM.
. WHEREAS, low bids for the rehabilitation work under the Community Development
Housing Rehabilitation Grant Program have.exceeded $10,000.00.
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South
Bend, Indiana:
1. That approval be granted to the Redevelopment Commission of the City of
South Bend, Indiana, to enter into a contract with the follwoing contractors for the
rehabilitation work on the following properties:
DOLLAR AMOUNT REHABILITATION
CONTRACTOR ADDRESS OF CONTRACT NUMBER
Boocher Con. 1823 Magnolia $10,823.00 18 /H- 003 - 1/138/1
Workmasters, Inc. 616 E. South 16,450.00 MS /RL /04
Workmasters, Inc. 643 E. Bronson 16,374.00 MS /RL /04
2. That this resoltuion shall be in full force and effect from and after its
adoption by the Common,Council and its approval by the Mayor of the City ofSouth
Bend, Indiana.
/s /Lewis A. McGann
Member of the Common Council
A public hearing was held on the resolution at this time. Kathy Baumgartner, Director
of the Bureau of Housing, indicated tjat tje Loan Advisory Board and Redevelpoment
Commission have reviewed the bids and recommended the awarding of the contracts.
Council Member Beck made a motion to adopt this resolution, seconded by Council
Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes.
.-- -
5'Tj
R� MEETING SEPTEMBER 13, 1982
BILLS, FIRST READING
BILL NO. 102 -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) (OSTEOPATHIC HOSPITAL.)
This bill had first reading. Council Member Taylor made a motion to this bill to
Area Plan, seconded by Council Member Serge. The motion -car - fried,. :;
BILL NO. 103 -82
A BILL APPROPRIATING $37,800.00 FROM THE EMERGENCY MEDICAL
SERVICES •- FUND..:FOR CA:P,.ITAL .E:Q:ULPMENT AND REPAIRS W -ITHIN THE .
FIRE DEPARTMENT.
This bill 'had`Tirst re,adifg. .- Council -Memberl'.:Voor.dei made a; motion to,,,s -et this bill; .
for public hearing and second reading September 27, 1982, seconded by Council Member
Taylor. The motion carried. Council Member Serge made a motion to refer this bill
to the 'P rsonriel 'and Fi`nar ee Committe, seconded -by. Council Member c,Becx., The .motion
carried. - -
BILL NO.104 -82
A BILL ESTABLISHING THE SOUTH BEND REGIONAL POLICE ACADEMY
FUND.
This bill had first reading. Council Member Beck made a motion to set this bill for
public hearing and second reading September 27, 1982, and refer it to the Public
Safety Committee, seconded by Council Member Serge. The motion carried.
BILL NO. 105 -82 A BILL APPROPRIATING $50,490.00 FROM THE LOCAL EQUAL
EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY
OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND
DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT.
This bill had first reading. Council Member Beck made a motion to set this bill for
public hearing and second reading September 27, 1982, seconded by Council Member
Crone. The motion carried.
UNFINISHED BUSINESS
Council Member Beck made a•motion to set Bill. No:_94 -82 for public hearing and second
reading September 27, and refer it to the Residential Neighborhood Committee, seconded
by Council Member Taylor. The motion carried.
PRIVILEGE: OF 'THE-' FLOOR'11,'
David Smeeton, Apt. 211, 2500 - Topsfield, indicated:he thoug;nt,the.City.should buy„
their own golf carts, rather than letting the pros rent the carts. He indicated the
pros are making at least $80,000 a year, and this money could be used for upkeep of
the City courses, if the City owned the carts.
i.
Thomas Brademas, indicated that the City had tied into the Corby Homes storm system
and this was causing flooding. He indicated that the City had agreed to disconnect
in July of 1981, but had not done so.
Kathryn Brookins, 701 W. LaSalle, indicated that the Local Development Corporation
should not formulate by -laws until the Council appoints have been made.
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 Taylor. The motion
carried and the meeting was adjourned at 10:27 p.m.
ATTEST: �, -r AP ROVED
r;
City Clerk
esident