Loading...
HomeMy WebLinkAbout11-22-82 Council Meeting Minutestj REGULAR MEETING NOVEMBER 22, 1982 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers;,pf the County -City Building on Monday, November 22, 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,Cgrgpon 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 November 8, 1982, meeting of the Council and found them correct. T,he sub- committee, therefore, recommends that the same be approved. /s/ Lewis A. McGann /s/ Beverly D. Crone A Council Member Serge made a motion that the minutes of the November 8, 1982, meeting of the Council be accepted and placed on file, seconded by Council Member Taylor. The ,motion. carried. REPORTS Council Member Voorde indicated that the Human Resources Committee had met regarding tax abatement for 1302 E. High, and had a favorable recommendation. Council member Crone indicated that the Personnel and Finance Committee had met regarding Bill No. 132 -82, and gave a favorable recommendation. Council Member Zielinski 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 Committee of the Whole on November 22, 1982, at 7:03 p.m., with nine members present. Chair- man Voorde presiding. BILL NO. 119 -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) (935 S. IRONWOOD.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Magliozzi, representing Area Plan, indicated the Commission had made no recommendation on the zoning. Carl Brunson, a real estate agent representing the petitioner, made the presentation for the bill. He indicated they were requesting a rezoning for this property to C -1 Commercial -, in order to operate a floral shop. He indicated that the House of Flowers has been a part of this community for over twenty - four years;. He indicated that Historic Preservation would have the final say regarding any changes to the exterior of the property. Kay Cooper, 2535 York Rd.; Mercy Prell, 1414 E. Colfax; Richard Sherk, 935 S. Ironwood; Joyce Sherk, 935 S. Ironwood; spoke in favor of this zoning. Mr. Sherk presented a petition in favor of this zoning. Pamela Florey, 1336 E. Wayne, presented a petition with sixty -five signatures against this zoning. Irene Majzor, 2517 S. Ironwood, spoke against this zpning. Irene Majyor, 2517 S. Ironwood, spoke against this zoning. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 128 -82 it A BILL AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 18, SECTION 18 -20 AND CHAPTER 20, ARTICLES 1 AND 7, PERTAINING TO SNOW REMOVAL PROCEDURES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathy Bernard, Director of Neighborhood Code enforcement, made the presentation for the bill. She indicated that a substitute bill had been filed with the City Clerk. Council Member McGann made a motion to accept the substitute bill, seconded by Council. member Zielinski. The motion carried. She indicated this bill would allow the Board of Works, to authorize the clearing of sidewalks, in highly traveled pedestrian areas. She indicated there was a $25 fine for businesses pushing snow into the street, and if the snow is not removed in four hours the City will remove the snow and bill the property owners. Floyd Carter, 1619 Fassnacht, spoke in favor of this bill. Council Member Crone made a motion to amend Section 20 -106, by removing Section 20 -104 and the word, or, seconded by Council Member McGann. The motion carried. Council Member Zielinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge.T he motion carried. REGULAR MEETING NOVEMBER 22, 1982 Council Member McGann made a motion to combine public hearing on Bill nos. 129, 130 and 131 -82, seconded by Council Member Taylor. The motion carried. BILL NO. 129 -82 A BILL APPROPRIATING $50,000.00 FROM THE POLICE PENSION FUND. BILL NO. 130 -82 BILL NO. 131 -82 A BILL APPROPRIATING $50,000.00 FROM THE FIREFIGHTERS PENSION FUND. A BILL APPROPRIATING $90,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR SALARIES WITHIN THE FIRE DEPARTMENT FOR 1982 TO BE ADMINISTERED BY THE FIRE DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bills, proponents `,andopponents were given an opportunity to be heard. Joseph Kernan, City Controller, made the presentation for the bills. He indicated that the $50,000 appropriations ,to Police -and Fire pension Funds, was due to additional funds from the State, which will save the City corresponding amount in Revenue Sharings funds. He indicated that the $90,000 appropriation would be used in the salary account of the Fire Department. Council Memer McGann made a motion to recommend Bill No. 129 -82 to the Council favorable, seconded by Council Member Harris. The motion carried. Council member Taylor made a motion to recommend Bill No. 130 -82, to the Council favorable, seconded b Council Member Beck. The motion carried. Council Member Serge mde a motion to recommend Bill No. 131 -82 to the Council favorable, seconded by Council Member Taylor. The motion -- carried. BILL N0. 132 -82 A BILL AMENDING ORDINANCE NO. 7080 -82 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1983. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathy Hubbard, Personnel Coordinator, made the presentation for the bill. She indicated the change in the Police Department and Water Works were needed due to changes in job responsibility. The Archivist /Researcher is proposed for a one year period as a result of a grant from the Institute of Museum Services. Council Member Harris made a motion to recommend this bill to the Council favorable, seconded by Council Member Crone. The motion carried. There:being no further business to come before the Committee of the Whole, Council Member Beck made a motion to rise and report to the Council and recess, seconded by Council Member Zielinski. The motion carried and the meeting was recessed at 8:00 p.m., ATTEST: ATTEST: City Clerk hairm REGULAR MEETING RECONVENED Be it remembered tht the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:08 p.m. Council President McGann presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7131 -82 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (935 S. IRONWOOD.) This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of six ayes and three nays (Council Members Szymkowiak, Crone and McGann.) ORDINANCE NO. 7132 -82 AN ORDINANCE AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 18, SECTION 18 -20 AND CHAPTER 20, ARTICLES 1 AND 7, PERTAINING TO SNOW REMOVAL PROCEDURES. This bill had second reading. Council Member Beck made a motion to amend this bill, as - a�merded in the Committee of the Whole, seconded by Council Member Taylor. The ,motion,,c- arried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Zielinski. The bill passed by a roll call vote of nine ayes. ORDINANCE - -NO. 7133 -82 AN ORDINANCE APPROPRIATING $50,000.00 FROM THE POLICE PENSION FUND. This bill -had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. 1 1 1 1 REGULAR MEETING NOVEMBER 22, 1982 ORDINANCE NO. 7134 -82 AN ORDINANCE APPROPRIATING $50.,000.00 FROM THE FIREFIGHTERS PENSION FUND. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7135 -82 AN ORDINANCE APPROPRIATING $90,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR SALARIES WITHIN THE FIRE DEPARTMENT FOR 1982 TO BE ADMINISTERED BY THE FIRE DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7136 -82 AN ORDINANCE AMENDING ORDINANCE NO. 7080 -82 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1983. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Zielinski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1010 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 1302 S. HIGH STREET AS AN URBAN DEVELOPMENT AREA FOR PURPOSES OF TAX ABATEMENT CONSIDERATION. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend pursuant to Section 2 -76(a) of the Municipal Code requesting that the area commonly known as 1302 High Street, South Bend, Indiana 46618 and which more particularly described by a line drawn follows: A lot or parcel of land in the North East Quarter of Section No. 13, in Township No. 37 North, Range No. 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, viz: Beginning at a point 237.85 feet East of the East line of High Street and 245.85 feet South of the South line of Pennsylvania Avenue in the City of South Bend, (which is the Southeast corner of a tract of land heretofore conveyed to the Industrial Canvas Products Corporation by a deed dated July 5, 1944); thence East a distance of 155 feet, more or less, in line with the South line of said real estate heretofore conveyed to Industrial Canvas Products Corporation, to the West line of a public alley; thence North along the West line of said public alley to the South line of said Pennsylvania Avenue; thence Northwesterly and Westerly along the South line of said Pennsylvania Avenue to the point where it intersects the East line of said High Street; thence South along the East line of said High Street a distance of 55.85 feet; thence East parallel with the South line of said Pennsylvania Avenue a distance of 237.85 feet; thence South to the place of beginning; also the right to use for alley purposes, the alley way as presently existing on.the North and on the East of the building presently situated on said real estate heretofore convey to Industrial Canvas Products Corporation; also subject tot he rights of the successors and assigns of the aforesaid Industrial Canvas Products Company to use for alley purposes, all that part of the alley way aforesaid which if on the real estate above described. Also the West one -half (1/2) of a 14 foot vacated alley way extending North and South along the East boundary of the above described real estate subject to a grant of easement to the City of South Bend, Indiana, dated June 18, 1968, and recorded January 2, 1969, in Deed Record 709 pages 402 -403. 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 further prepared maps and plats showing the boundaries and such other information as required by law of the area in question; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the-area qualifies as an Urban Development Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Urban Development Area and hereby adopts a resolution designating this area as an Urban Development Area for purposes of real property Tax Abatement. 098 REGULAR MEETING NOVEMBER 22, 1982 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 I'II. That the. Common Council directs the City Clerk, upon receipt of the report of the Area Plan Commission to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION 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/ Raymond c. Zielinski Member of the Common Council A public hearing was held on the resolution at this time. David Wiseman, attorney representing the petitioner, indicated that Environmental Technology, Inc. intends to renovate a portion of the property located at 1302 High Street for engineering, product: development and to manufacture electronic products. Council Member Serge 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 Taylor made a motion to combine public hearing on resolutions B through F on the Agenda, seconded by Council Member Zielinski. The motion carried. RESOLUTION NO. 1011 -82 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1117 W. SAMPLE 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 -1117 W. Sample and more particularly described by a line drawn as follows: That part of Bank Outlot 104 of the Second Plat of Outlots of the Town, now City,.of::South Bend, platted by the State Bank of Indiana bounded by the following described lines: Beginning at a point at the intersection of the East line of Arnold Street and the North line of Sample Street;.thence North along the East line of Arnold Street a Distance of 472.37 feet; thence along a line having a deflection angle of 90 degrees 7 minutes 30 seconds to the Right and a distance of 201.44 feet; thence along a line having a deflection angle of 90 degrees 07 minutes to, :the Left and a distance of 387.02 feet; thence along a line having a deflection angle of 90 degrees 13 minutes to the Right and a distance of 92.16 feet; .thence South along a line having a deflection angle of 89 degrees 49 minutes to the Right and a distance of 859.45 feet to the North lineof Sample Street; thence West along the North line of Sample Street a distance of 292.84 feet to the point of beginning; together with a non- execlusive easement for purposes of ingress and egress to and from the - foregoing described real estate over the following described real estate in said County and State: A portion of the southeast quarter (1/4) of the southwest quarter (1 /4) of Section 11, Township 37 North, Range 2 East, and a part of State Bank Outlot 104 of State Bank 2nd Plat Outlets of the Town, now.the City of South Bend, Portage Township, more particularly described as follows: Commencing at the point of intersection of the north right -of -way line of Sample Street with the east right -of -way line of Arnold Street; thence northerly along and with the east right -of -way line of Arnold Street a distance of 472.37 feet; thence easterly along a line with a deflection angle of 90 degrees 7 minutes 30 seconds Right, a distance of 201.44 feet tot he point of beginning; thence nor=therly along a line with a deflection angle of 90 degrees 7 minute Left a distance of 387.02 feet; thence westerly along a line with a deflection angle of 89 degrees 4 minutes Left, a distance of 18 feet; thence southerly along a line with a deflection angle of 90 degrees 12 minutes Left, said line being :also the east face of the existing Print Shop, distance of 387.45 feet; thence easterly along a line with a deflection angle of 89 degrees 54 minutes Left, a distance of 17.95 feet to the point of beginning; And subject to a non - exclusive easement for the purposes of ingress and egress to and from the real estate lying immediately west and adjacent thereto on and over the following described real estate in said County and State: 1 [1 3199 REGULAR MEETING NOVEMBER 22,.1982 A portion of the southeast quarter (1 /4) of the southwest quarter (1/4) of Section 11, Township 37 North, Range 2 East, and a part of the State Bank Outlot 104 of State Bank 2nd Plat Outlots of the Town, now the City of South Bend, Portage Township, St. Joseph County, Indiana; more particularly described as follows: Commencing at the point of intersection of the north right -of -way line of Sample Street with the east right -of -way line of Arnold Street; thence northerly along and with the east right -of -way line of Arnold Street; thence northerly along and with the east right -of -way line of Arnold Street a distance of 472.37 feet; thence easterly along a line with a deflection angle of 90 degrees 07 minutes 30 seconds Right a distance of 201.44 feet to the point of beginning; thence northerly along a line with a deflection angle of 90 degrees 07 minutes Left; a distance of 387.02 feet; thence easterly along a line with a deflection angle of 90 degrees, 13 minus Right, a distance of 17.92 feet; thence southerly to a point of beginning; thence westerly a distance of 17.92 to the point of beginning. 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 remostrator: 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. RESOLUTION NO. 1012 -82 /s/ Raymond C. Zielinski Member of the Common Council A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOL- UTION DESIGNATING 1117 WEST SAMPLE 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 1117 West Sample, South Bend, Indiana, and more particularly described by a line drawn as follows: That part of Bank Outlot 104 of the Second Plat of Outlots of the Town, now City, ofSouth Bend, platted by the State Bank of Indiana bounded by the following described lines: Beginning at a point at the intersection of the East line of Arnold Street and -- the North line of Sample Street; thence North along the East line of Arnold Street a Distance of 472.37 feet; thence along a line having a deflection angle of 90 degrees 7 minutes 30 seconds to the Right and a distance of 201.44 feet; thence along a line having a deflection angle of 90 degrees 07 minutes to the Left and a distance of 387.02 feet; thence along a line having a deflection angle of 90 degrees 13 minutes to the Right and a distance of 92.16 feet; thence South along a line having a deflection angle of 89 degrees 49 minutes to the Right and a distance of 859.45 feet to the North lineof Sample Street; thence West along the North line of Sample Street a distance of 292.84 feet to the point of beginning; together with a non - execlusive easement for purposes of ingress and egress to and from the foregoing described real estate over the following described real estate in said County and State: A portion of the southeast quarter (1/4) of the southwest quarter (1/4) of Section 11, Township 37 North, Range 2 East, and a part of State Bank Outlot 104 of State Bank 2nd Plat Outlets of the Town, now the City of South Bend, Portage Township, more particularly described as follows: Commencing at the point of intersection of the north right -of -way line of Sample Street with the east right -of -way line of Arnold Street; thence northerly along REGULAR MEETING NOVEMBER 22, 1982 and with the east right -of -way line of Arnold Street a distance of 472.37 feet; thence easterly along a line with a deflection angle of 90 degrees 7 minutes 30 seconds Right, a distance of 201.44 feet tot he point of beginning; thence northerly along a line with a deflection angle of 90 degrees 7 minute Left a distance of 387.02 feet; thence westerly along a line with a deflection angle of 89 degrees 4 minutes Left, a distance of 18 feet; thence southerly along a line with a deflection angle of 90 degrees 12 minutes Left, said line being also the east face of the existing Print Shop, distance of 387.45 feet; thence easterly along a line with a deflection angle of 89 degrees 54 minutes Left, a distance of 17.95 feet to the point of beginning; and subject to a non - exclusive easement for the purposes of ingress and egress to and from the real estate lying immediately west and adjacent thereto on and over the following described real estate in said Cunty and State: A portion of the southeast quarter (1/4) of the southwest quarter (1/4) of Section 11, Township 37 North, Range 2 East, and a part of the State Bank Outlot 104 of State Bank 2nd Plat Outlots of the Town, now the City of South Bend, Portage Township, St. Joseph County, Indiana; more particularly described as follows: Commencing at the point of intersection of the north right -of -way line of Sample Street with the east right -of -way line of Arnold Street; thence northerly along and with the east right -of -way line of Arnold Street; thence northerly along and with the east right -of -way line of Arnold Street a distance of 472.37 feet; thence easterly along a line with a deflection angle of,90 degrees 07 minutes 30 seconds Right a distance of 201.44 feet to the point of beginning; thence northerly along a line with a deflection angle of 90 degrees 07 minutes Left; a distance of 387.02 feet; thence easterly along a line with a deflection angle of 90 degrees, 13 minutes Right, a distance of 17.92 feet; thence southerly to a point 17.92 feet east of the point of beginning; thence westerly a distance of 17.92 to the point of beginning. is an Urban Development Area; and WHEREAS, the Area Plan Commission has submitted to the Council its written order 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 of 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. 1001 -8 . adopted by the Council October 25, which designated the area described herein as an 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. Raymond C. Zielinski Member of the Common Council RESOLUTION NO. 1013 -82 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1137 S. LAFAYETTE BLVD. 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 1137 S. Lafayette and more particularly described by a line drawn as follows: Beginning at the SW corner of Lot 7, Stull's Second Edition, thence, N along the E right -of -way of an alley a distance of 269.06 feet + or - to a point; thence E a distance of 6 feet to a point; thence, N along a line parallel to the Eastern right -of -way of said alley a distance of 54 feet to a point; thence, W a distance of 6 feet to the eastern edge of said alley; thence N a distance of 13 feet to a point, said point being the NW corner of the S 1/2 of Lot 64, - South Bend City Edition; thence, E along the northern boundry of said 1/2 of Lot 64 which is on the western right -of -way of Lafayette Blvd.; thence, S a distance of 275 feet + or - to the SE corner of Lot 6, Stull's Second Edition; thence, W a distance of 125 feet to a point; thence, S 66 feet to a point; 1 1 REGULAR MEETING NOVEMBER 22, 1982 thence, W 40 feet to the point of beginning. All being within the City of South Bend, County of St. Joseph, State of Indiana. 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 remostrator: 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 /Raymond C. Zielinski Member of the Common Council RESOLUTION NO. 1014 -82 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING 1137 S. LAFAYETTE 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 1137 S. Lafayette, South Bend, Indiana, and more particularly described by a line drawn as follows: Beginning at the SW corner of Lot 7, Stull's Second Edition, thence, N along the E right -of -way of an alley a distance of 269.06 feet + or - to a point; thence E a distance of 6 feet to a point; thence, N along a line parallel to the Eastern right -of -way of said alley a distance of 54 feet to a point; thence, W a distance of 6 feet to the eastern edge of said alley; thence N a distance of 13 feet to a point, said point being the NW corner of the S 1/2 of Lot 64, South Bend City Edition; thence, E along the northern boundry of said 1/2 of Lot 64 which is on the western right -of -way of Lafayette Blvd.; thence, S a distance of 275 feet + or - to the SE corner of Lot 6, Stull's Second Edition; thence, W a distance of 125 feet to a point; thence, S 66 feet to a point; thence, W 40 feet to the point of beginning. All being within the City of South Bend, County of St. Joseph, State of Indiana. is an Urban Development Area; and WHEREAS, the Area Plan Commission has submitted to the Council its written order 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 of 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 Resolution No. 1003 -82 adopted by the Council on 25, which designated the area described hererein as Area for the purposes of Tangible Personal Property consideration and confirms its determination of the utility and benefit. its Declaratory October a Urban Development tax abatement project's public 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/ Raymond C. Zielinski Member of the Common Council 21 uF�rAR MEETING 22, 19REGULAR RESOLUTION NO. 1015 -82 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 414 -422 EAST MONROE AND 509 -513 SOUTH FELLOWS STREET, SOUTH BEND, INDIANA, 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: Lots Numbered One (1), Two (2), Three (3), and Four (4) as shown n the recorded Plat of Moses Stern's Subdivision of a part of Lots Nineteen (19) and Twenty (20) in Denniston and Fellows' addition to the Town, now City, of South Bend, St. Joseph County, Indiana 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/ Raymond C. Zielinski Member of the Common Council A public hearing was held on the resolutions at this time. Council Member Voorde indicated these resolutions were an reaffirmation of declaratory resolutions already passed by the Council for tax abatements. Council Member Serge made a motion to amend Resolution 9C and 9E, by filling in the blanks, seconded by Council Member Voorde. The motion carried. Council Member Serge made a motion to adopt Resolution No. 1011 -82, seconded by Council Member Voorde. The resolution was adopted by a roll call vote of nine ayes. Council Member Serge made a motion to adopt Resolution No. 1012 -82, as amended, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of nine ayes. Council member Serge made a motion to adopt Resolution No. 1013 -82, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of nine ayes. Council Member Crone made a motion to adopt Resolution No. 1014 -82, as amended, seconded by Council Member Harris. The resolution was adopted by a roll call vote of nine ayes. Council Member Serge made a motion to adopt Resolution No. 1015 -82, seconded by Council Member Taylor. The resolution was adopted by a roll-call vote of nine ayes. RESOLUTION NO. 1016 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CONTROLLER OF THE CITY OF SOUTH BEND TO RELEASE INFORMATION TO REPRESENTATIAVES OF THE PUBLIC EMPLOYEES' RETIREMENT FUND. WHEREAS, the Common Council of the City of South Bend is the governing body of the City of South Bend; and WHEREAS, the officials of the Public Employees' Retirement Fund (hereinafter called PERF) now require a resolution by the governing body authorizing a particular individual or office of each municipality to respond to its inquiries; and 1 1 `) $54 `2 c, ? h REGULAR MEETING NOVEMBER 22, 1982 WHEREAS, the Controller of the City of South Bend has under his supervision the records with information concerning PERF; NOW, THEREFORE, BE IT RESOLVED by the South Bend common Council as follows: 1. The Controller's Office of the City of South Bend shall have the authority to respond to any inquiries from PERF concerning any matter relevant to PERF. 2. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Raymond C. Zielinski Member of the Common Council A public hearing was held on the resolution at this time. Joseph Kernan, City Controller, indicated this resolution was being filed at the suggestion of the Executive Secretary of the Public Employees Retirement Fund. This would authorize the Controller's office to respond toinquiries from PERF concerning employee personnel information. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1017 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING AN ADDENDUM TO A LEASE AGREEMENT BETWEEN THE BOARD OF PUBLIC WORKS AND EDMARDE'S, INC., D /B /A SENOR KELLY'S, FOR LEASE OF A PORTION OF ALLEN'S ALLEY. WHEREAS, the Common Council, at its meeting held on October 11, 1982, approved a Lease Agreement between the Board of Public Works and Edmarde's, Inc., d /b /a Senor Kelly's, for lease of a portion of Allen's Alley at an annual rental fee of $1,550.00, for an initial period of 21 months commencing in October, 1982, with subsequent renewal options; and WHEREAS, it now appears that construction of the outdoor dining area, the reason for which the Lease Agreement was intended, will not commence until the spring of 19$3, and it is appropriate that the Lease Agreement be amended to reflect an effective date of April 1, 1983; and WHEREAS, Senor Kelly's is willing to keep the entire eastern half of the property known as Allen's Alley, from Woodward Count to Michigan Street, free from litter and debris and provide snow removal for said area during the upcoming winter months so that public access is available at all times. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Addendum to Lease Agreement attached hereto and made a part hereof is hereby approved and confirmed. SECTION II. That this Resolution shall be in full force and - effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Raymond C. Zielinski Member of the Common Council A public hearing was held on the resolution at this time. Joseph Kernan, City Controller, indicated that since construction of the outdoor dining area cannot feasibly commence until the spring construction season, Senor Kelly's has requested a change in the effective date of the Lease Agreement to April 1, 1983. Council Member Serge made a motion to adopt this resolution, seconded by Council member Zielinski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 134 -82 A BILL AUTHORIZING THE ISSUANCE AND SALE OF $5,000,000 SOLID WASTE DISPOSAL REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO WASTE MANAGEMENT, INC., IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN POLLUTION CONTROL FACILITIES LOCATED IN ST. JOSEPH COUNTY, INDIANA; AUTHORIZING EXECUTION OF A LOAN AGREEMENT; AUTHORIZING AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF THE REVENUE FROM SUCH LOAN AGREEMENT; AND AUTHORIZING THE TERMS AND SALE OF SAID BONDS. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 6, 1982, seconded by Council Member Zielinski. The motion carried. BILL NO. 135 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF SANCOME AVENUE THAT LIES NORTH OF THE NORTH RIGHT -OF -WAY LINE OF CALIFORNIA AVENUE EXTENDED WEST TO THE SOUTHERLY RIGHT -OF -WAY OF THE CHICAGO, INDIANA AND SOUTHERN RAILROAD AND WEST OF AND ADJACENT TO LOT 12 IN S.B. APT. BLDG. CORP. 1ST ADDITION TO THE CITY OF SOUTH BEND. a- REGULAR MEETING NOVEMBER 22, 1982 This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading December 6, 1982, seconded by Council Member Taylor. The motion carried. BILL NO. 136 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH - SOUTH, EAST WEST ALLEY, SOUTH OF WESTERN AVENUE, RUNNING WEST FROM ARNOLD STREET FOR A DISTANCE OF 92 FEET, THENCE NORTH A DISTANCE OF 80 FEET MORE OR LESS TO THE SOUTH RIGHT -OF -WAY OF THE PRESENT 12 FOOT ALLEY, ALL BEING IN GUILFOYLE'S PROPOSED SUBDIVISION OF POINT OF B.O.L. 94 IN THE CITY OF SOUTH BEND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 6;, 1982, seconded by Council Member Harris. The motion carried. BILL NO. 137 -82 A BILL FIXING THE 1984 SALARIES PAYABLE FROM THE GENERAL FUND, FOR OFFICERS OF THE CITY OF SOUTH BEND TO BE ELECTED FOR THE TERM COMMENCING JANUARY 1, 1984, AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading January 10, 1983, seconded by Council Member Zielinski. The motion carried. Council Member Beck made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Zielinski. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 7137 -82 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS ECONOMIC DEVELOPMENT FIRST MORTGAGE REVENUE BONDS, FORTUNA LAND COMPANY PROJECT, AND APPROVING OTHER ACTIONS IN RESPECT THERETO. Council Member Taylor made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Zielinski. The motion carried on a roll call vote of nine ayes. ORDINANCE NO_. 7138 -82 A BILL AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS, HARBOR METAL TREATING OF INDIANA, INC. PROJECT, AND APPROVING OTHER ACTIONS IN RESPECT THERETO. Council Member Taylor made a motion to combine public hearing on the se two bills, seconded by Council Member Beck. The motion carried. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission, indicated that Bill No. 138 -82 was approving a bond issue of $300,000 for Fortuna Land Company to construct a facility in the Monroe - Sample Area. Bill No. 139 -82 was a $700,000 bond issue for Harbor Metal Treating, for the purpose of constructing a facility in the Monroe- Sample Area., Council Member Szymkowiak made a motion to pass Bill No. 138 -82, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. Council Member Szymkowiak made a motion to pass Bill No. 139 -82, seconded by Council Member Crone. The bill passed by a roll call vote of nine ayes. BILL NO. 140 -82 A BILL APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APROVING THE RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE JOHN A LEVY, TIMOTHY MATHIAS, AND CHARLES C. DAVIS PROJECT. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading December 6, 1982, seconded by Council Member Taylor. The motion carried. BILL NO. 141 -82 A BILL AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, REGULATING THE SUBDIVISION OF LAND IN ZONING DISTRICTS. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading Zielinski, seconded by Council Member The motion carried. BILL NO. 142 -82 A BILL AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE REGULATING SUBSTANDARD BUILDINGS. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 6, 1982, seconded by Council Member Zielinski. The motion carried. REGULAR MEETING NOVEMBER 221 1982 BILL NO. 143 -82 This bill had first public hearing and The motion carried. BILL NO. 144 -82 A BILL APPROPRIATING $14,000 'FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE REPAIR OF TRUCK LIFTS FOR 1982 TO BE ADMINISTERED BY THE BUREAU OF TRAFFIC AND LIGHTING WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. reading. Council Member Beck made a motion to set this bill for second reading December 6, 1982, seconded by Council Member Taylor. A BILL APPROPRIATING $150,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE COMPETITIVE HOUSING GROUP PROJECT TO BE ADMINISTERED BY THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 6, 1982, seconded by Council Member Zielinski. The motion carried. BILL NO. 145 -82 A BILL APPROPRIATING $94,900.00 FROM THE SEWAGE DEPRECIATION FUND TO THE BUREAU OF WASTEWATER DEPRECIATION BUDGET LINE ITEMS: 416 BUILDING, STRUCTURES, IMPROVEMENT $89,900.00; 429 OTHER EQUIPMENT, $5,000.00. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading December 6, 1982, seconded by Council Member Taylor. The motion carried. BILL NO. 146 -82 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS BETWEEN VARIOUS DEPARTMENTS WITHIN THE GENERAL FUND AND THE CENTURY CENTER BOARD OF MANAGERS FUND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 6, 1982, seconded by Council Member Beck. The motion carried. BILL NO. 147 -82 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS 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 December 6, 1982, seconded by Council Member Taylor. The motion carried. BILL NO. 148 -82 A BILL REDUCING ORDINANCE NO. 7117 -82, JEFFERSON STREET . PARKING GARAGE REPAIRS, FROM $270,000.00 TO $230,000.00. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 6, 1982, seconded by Council Member Zielinski. The motion carried. BILL NO. 149 -82 A BILL APPROPRIATING $96,889.00 TO THE BUREAU OF SEWERS OPERATING BUDGET: 228 TIRES AND TUBES, $1,704.00; 230 MAINT. SUPPLIES - BLDG., & STRUCT., $36,935.00; 357 FUEL OIL, $14,500.00; 363 EQUIPMENT REPAIR, $32,375.00; 399 OTHER CONTRACTUAL, $11,375.00, ALL ACCOUNTS BEING WITHIN THE SEWAGE WORKS OPERATION AND MAINTENANCE FUND. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading December 6, 1982, seconded by Council Member Taylor. The motion carried. ORDINANCE NO. 7139 -82 AN ORDINANCE APPROVING A CONTRACT BETWEEN IRA C. MAST & SON INC., AND THE BOARD OF WATER WORKS COMMISSIONERS IN THE AMOUNT OF $62,975.00 FOR THE CONSTRUCTION OF THE INSTRUMENT- ATION ROOM AT THE NORTH STATION. This bill had first reading. Council Member Serge made a motion to suspend rules and have public hearing and second reading on this bill, seconded by Council Member Zielinski. The motion carried on a roll call vote of nine ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Michael Vance, Director of Utilities, made the presentation for the bill. He indicated this contract was for renovation of the North Pumping Station including making necessary repairs and modifications which are essential as a result of the flooding of that station. Council Member Serge made a motion to pass this bill, seconded by Council Member Zielinski. The bill passed by a roll call vote of nine ayes. UNFINISHED BUSINESS Council Member Zielinski made a motion to set Bill No. 115 -82, for public hearing and second reading January 10, 1982. 3 PRIVILEGE OF THE FLOOR Irene Mutzl, 320 Parkovash, commended the Finance Committee for their study of the budget. She indicated that the TRANSPO terminal building should be built. There being no further business to come before the Council unfinished or new, Council Member Zielinski made a motion to adjourn, seconded by Council Member Harris. The motion carried and the meeting was adjourned at 8:45 p.m. ATTEST: AP ROVED: V City w��Clerk reside t