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HomeMy WebLinkAbout04-11-83 Council Meeting MinutesREGULAR MEETING APRIL 11, 1983 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, April 11, 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 McGann, Taylor, Zielinski, Crone, Harris, Voorde and Beck 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 March 28, 1983, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. Lewis A. McGann _s/ Beverly D. Crone Council Member Serge made a motion that the minutes of the March 28, 1983, meeting of the Council be accepted and placed on file, seconded by Council Member Zielinski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1039 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CTY OF SOUTH BEND, INDIANA, COMMEMORATING THE MANY CONTRIBUTIONS MADE TO OUR COMMUNITY BY THE LATE JANE SWAN. WHEREAS, the Common Council of the City of South Bend, Indiana, notes with sadness the passing of Jane Swan; and WHEREAS, the Council recalls the hundreds of times when Jane Swan addressed the Council to speak her mind on many agenda items; and WHEREAS, this concerned and dedicated citizen will long be remembered for her tireless hours of working for the public good and the love of her community; and WHEREAS, her ability to address issues and thoroughly I study all topics made many a public official stand up and take notice; and WHEREAS, the City of South Bend has truly lost a champion of the hard working, selfless, caring persons by the silencing of the voice of Jane Swan. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of the citizens of South Bend, Indiana, the Common Council hereby publicly commemorates the late Jane Swan for a life of dedicated service and contributions to the improvement of the civic and humanitarian life of South Bend, Indiana. SECTION II. The Common Council expresses its deepest sympathy to the family of Jane Swan and hopes that the abundant memories of her will help brighten the days ahead. REGULAR MEETING APRIL 11, 1983 SECTION III. This Resolutin shall be in full force and effect rom and after its adoption by e ommon Council and approval by to Mayor. /s/ Joseph T. Serge /s/ Walter M. Szymkowiak /s/ Beverlie J. Beck /s/ Lewis A. McGann /s/ Robert G. Taylor /s/ Raymond C. Zielinski /s/ Beverly D. Crone /s/ John J. Harris /s/ John Voorde A public hearing was held on the resolution at this time. Council Member Zielinski read the resolution and presented it to Jane's daughter, Edith Scheibelhut. Irene Mutzl, 320 Parkovash, discussed the many contributions Jane has made to the community over the years. REPORTS Council Member Taylor indicated that the Human Resources committee had met on Bill No. 28 -83 and resolutions 9A and 9E and recommended them favorable. He indicated that at the request of the petitioners resolution 9F would be continued. Council Member Voorde indicated that the Residential Neighborhood Committee had met on Bill No. 29 -93 and gave a favorable recommendation. Council Member Zielinski gave the Public Works Committee report on Bill No. 17 -83. Member Zielinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Voode. 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 Monday, April 11, 1983, at 7:13 p.m., with nine members present. Chairman Zielinski presiding. BILL NO. 27 -83 A BILL AUTHORIZING THE ASSIGNMENT OF THE INTERESTS OF DIXIE DEVELOPMENT PARTNERSHIP, AN INDIANA PARTNERSHIP UNDER THE $200,000.00 CITY OF SOUTH BEND, INDIANA, ECONOMIC DEVELOPMENT REVENUE BOND (DIXIE DEVELOPMENT PARTNERSHIP PROJECT) TO GRANNY FRANNY'S, INC., AN INDIANA CORPORATION. This being 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 the purpose of the bill was to allow the transfer to rights of Dixie Development Corporation, to Granny Franny's, Inc. He indicated that bond was issued in 1977 and the facility to Gropp's, which is a restaurant that went out of business. He indicated that Granny Franny's has offered to acquire the right, title interest, duties, liabilities and responsibilities of Dixie Development. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 17 -83 A BILL AMENDING CHAPTER 7 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ARTICLE 1, ENTITLED CABLE TELEVISION FRANCHISING. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Eugenia Schwartz, assistant city attorney, made the presentation, for the bill. She indicated a substitute bill had been filed with the City Clerk. Council Member Beck made a motion to consider the substitute bill, seconded by Council Member Voorde. The motion carried. She indicated this bill set reasonable standards for the City's regulation of cable television systems who use public ways and public places within the City of South Bend. She indicated it provides detailed franchising procedures for the Board of Works to follow in deciding whether or not to grant a non- exclusive franchise to a cable television company within the City. She indicated this bill was the result of considerable research in areas of anti -trust and cable television franchising. Council Member Voorde indicated he wanted the bill to be continued, in order that several questions he had could be anwered. He indicated he had received several phone calls regarding minors watching "R" rated movies. He made a motion to continue public hearing until April 25, seconded by Council Member Crone. Bill Moss, 16830 Edison, General Manager of Indiana Cablevision, indicated lock boxes were available at their cost. The motion failed on a roll call vote of four ayes and five nays (Council Members Serge, Taylor, Zielinski, Harris and Beck.) Council Member Crone made a motion to amend the bill on page 5, paragraph b, last sentence by changing the word may to shall, seconded by Council Member Voorde. The motion carried. Council Member Serge made a motion to recommend the bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. REGULAR MEETING APRIL 11 1983 BILL NO. 28 -83 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 4, ARTICLE 4, SECTION 4 -51 COMMONLY KNOWN AS SCRAP METAL DEALERS, JUNK DEALERS, RECYCLING OPERATIONS AND TRANSFER STATIONS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member McGann made a motion to consider resolution 9D after public hearing on this bill, seconded by Council Member Harris. The motion carried. Kathy Cekanski- Farrand, Council Attorney, made the presentation for the bill. She indicateds this would amend the scrap metal dealers ordinance which presently prohibits the location of such a business within 1,000 feet for A and B residential areas, as well as C -1 and C -2 commercial areas. She indicated this would allow the Common Council to review specific waiver requests on a case by case basis, and would require full compliance with regard to all of the other provisions of the scrap metal dealers ordinance. Alma Flesch, 40 W. 57th Street, New York, attorney for STC Recycling, Inc., spoke in favor of this bill. She indicated STC would employee thirty to fourty people. Charles Bixler, president of STC, indicated they would be recycling copper and precious metals. He indicated that most of the operation is under one roof. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 1040 -83 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO: STC REYCYCLING, INC. PROJECT. WHEREAS, at the present time there are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the City of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefitted 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, Copelco Leverage Leasing Corp., a New Jersey corporation ( "Copelco") proposes to acquire economic development facilities in South Bend, Indiana as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act, which facilities are to be leased to STC Reycycling, Inc., a Delaware corporation; and WHEREAS, the South Bend Economic Development Commission has received an application by Copelco and STC Reycycling for the issuance of City of South Bend Economic Development Bonds in the approximate principal amount not to exceed One Million Two Hundred Thousand and no /100 Dollars ($1,200,000.00) with the terms of repayment to be determined by the market rates at the time the bonds are sold and the proceeds of ther bonds will be used to purchase equipment and make certain improvements to real estate in connection with the utilization of the equipment at 445 North Sheridan Avenue, South Bend, Indiana, which equipment will be leased to STC Recycling, Inc. for the purpose of conducting a metal and base manufacturing material a recovery process resulting in the creation of approximately Five Hundred Thousand and no /100 Dollars($500,000.00). NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: 1. The project constitutes economic development facilities which shall be financed by the City through the issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately One Million Two Hundred Thousand Dollars ($1,200,000.00) 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. Copelco and STC Reycycling may proceed with acquisition ad construction of the economic development facilities in reliance upon this resolution. -- 4. That the liability and obligation fo 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 proceedings and issue such Bonds, and the South Bend Economic Development Commission and the City of South Bend, Indiana, their officers and agents, shall not incur any liability if for any reason the proposed issuance of such Bonds is not consumated. This Inducement Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by to Mayor. /s/ John Harris, Jr. Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, indicated this bond issue would be used for equipment and machinery to be leased to STC Recycling, Inc. He indicated they anticipated that they will initially employ 30 people. Bert Handwork, 1111 N. Niles, spoke in favor of this resolution. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. REGULAR MEETING APRIL 11, 1983 BILL NO. 29 -83 A BILL APPROPRIATING $30,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE 1983 SUMMER CLEAN -UP TO BE ADMINISTERED BY THE DEPARTMENT OF CODE ENFORCEMENT OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretfore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathy Barnard, Dirctor of the Department of Code Enforcement, made the presentation for the bill. She indicated this appropriation will provide financial support for equipment repair, rental of vans to transport the crew members, gasoline and purchase of equpment. She indicated personnel costs will be paid by CETA. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 30 -83 A BILL APPROPRIATING $25,000 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR HOWARD PARK SENIOR CITIZENS CENTER FOR 1983 TO BE ADMINI BY THE PARK DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretfore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. James Seitz, Superintendent of Park, made the presentation for the bill. He indicated this appropriation would be used to pay for the salaries of the senior citizen director at Howard Park, and the assistant director, as well as custodial services at the center. Council Member McGann 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 Member McGann made a motion to rise Member Taylor. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED come before the Committee of the Whole,Council and report to the Council, seconded by Council ATTEST: Be it remembered that the Common Council of the City of South Bend reconvened in theCouncil Chambers on the fourth floor of the County -City Building at 8:15 p.m. Council President Beck Presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7180 -83 AN ORDINANCE AUTHORIZING THE ASSIGNMENT OF THE INTERESTS OF DIXIE DEVELOPMENT PARTNERSHIP, AN INDIANA PARTNERSHIP UNDER THE $200,000.00 CITY OF SOUTH BEND, INDIANA, ECONOMIC DEVELOPMENT REVENUE BOND (DIXIE DEVELOPMENT PARTNERSHIP PROJECT) TO GRANNY FRANNY'S, INC., AN INDIANA CORPORATION. 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 nine ayes. ORDINANCE NO. 7181 -83 AN ORDIANANCE AMENDING CHAPTER 7 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ARTICLE 1, ENTITLED CABLE TELEVISION FRANCHISI This bill had second reading. Council Member Taylor made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Zielinski. The motion. carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Harris. The bill passed by a roll call vote of eight ayes and one nay (Council Member Voorde). ORDINANCE NO. 7182 -83 AN ORDINANCE OF THE COMMON COUNCIL OF AMENDING CHAPTER 4, ARTICLE 4, SECTIOI AS SCRAP METAL DEALERS, JUNK DEALERS, AND TRANSFER STATIONS. This bill had second reading. Council Member Zielinski made a bill, seconded by Council Member Harris. The bill passed by a ayes. RESOLUTION NO. 1043 -83 THE CITY OF SOUTH BEND v 4 -51 COMMONLY KNOWN RECYCLING OPERATIONS motion to pass this roll call vote of nine AN INDUCEMENT RESOLUTION OF THE CITY OF SOTH BEND, INDIANA, RELATING TO: STC RECYCLING, INC. PROJECT. Council Member McGann made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. ORDINANCE NO. 7183 -83 AN ORDINANCE APPROPRIATING $30,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE 1983 SUMMER CLEAN -UP TO BE ADMINISTERED BY THE DEPARTMENT OF CODE ENFORCEMENT OF THE CITY OF SOUTH BEND, INDIANA. REGULAR MEETING APRIL 11, 1983 This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Harris. The bill passed by ,a roll call vote of nine ayes. ORDINANCE NO. 7184 -83 AN ORDINANCE APPROPRIATING $25,000 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR HOWARD PARK SENIOR CITIZENS CENTER FOR 1983 TO BE ADMINIST BY THE PARK 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. RESOLUTIONS RESOLUTION NO. 1041 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 1116 SOUTH MAIN, 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 1116 South Main Street,' South Bend, Indiana, and which more particularly described by a line drawn as follows: Lots 16, 17, 18 So. Bend City Addition. Except east 341 Lot 18 and 23' x 341 north east corner of Lot 17 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 concluded an investigation pursuant to Section 2 -77 of the'Municipal Code and prepared a report determining that the area qualifies 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 Develpoment Committee that the area herein described be designated an Urban Development Area and hereby adopts a resolution designating this area as an Urban Development Area for purposes of real property tax abatement. SECTION II. That the Common Council 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 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 fullforce and effect from and after its adoption by the Common Council and approved by the Mayor. /s/ John J. Harris, Jr. Member of the Common Council A public hearing was held on the resolution at this time. Larry Ambler, attorney for the petitioners, indicated the petitioners had developed a mini -mall on this property. He indicated this building had improved this property as well as the area. James Benjamin, 1345 Northside Blvd., representing three small local unions, indicated the petitioners did not use a local contractor. Council Member Taylor made a motion to adopt this resolution, seconded by Council member Zielinski. The resolution was adopted by a roll call vote of eight ayes and one nay. RESOLUTION NO. 1042 -83 A RESOLUTION TRANSFERRING $109,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND OF THE CITY OF SOUTH BEND, INDIANA. WHEREAS, monies are needed in the General Fund for street maintenance for the year 1983, and appropriations were made for this purpose in Ordinance no. 7094 -83, commonly known as the 1983 Budget; and WHEREAS, Indiana Code 6 -7 -1 -31.1 authorizes the Common Council of the City of South Bend, by Resolution to transfer monies deposited in the Cumulative Capital Improvement Fund to the General Fund. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: REGULAR MEETING APRIL 11, 1983 SECTION I. That $109,000 be transferred from the Cumulative Capital Improvement Fund to the General Fund of the City of South Bend, Indiana. 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/ John J. Harris, Jr. Member of the Common Council A public hearing was held on the resolution at this time. Sherrie Petz, Deputy Controller, indicated the City budget approved this transfer. She indicated this money was to be used to augment the 1983 Street Department program. 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. RESOLUTION NO. 1043 -83 A RESOLUTIN OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA OFFICE OF SOCIAL SERVICES AN APPLICATION FOR FUNDING THROUGH THE SOCIAL SERVICES BLOCK GRANT. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City and is the applicant for the Social Services Block Grant Act funds, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the Cty of South Bend, Indiana: SECTION I. That it hereby establishes the authority of the Mayor of the City of South Bend to submit an application for Social Services Block Grant Act funds in the amount of $44,908.00 to the Indiana Office of Social Services. SECTION II. That the Director of the Youth Service Bureau shall be designated the Administrative Agent for this grant. That for every category established under this Resolution, the Mayor shall submit to the Common Council a line item budget in ordinance form, prior to the expenditures of any grant money received upon approval of this application. SECTION III. That this Resolution shall be in full force and effect from and after its adotption by the Common Council and approval by the Mayor. /s/ John J. Harris, Jr. Member of the Common Council A public hearing was held on the resolution at this time. Bonnie Strycker, Director of the Youth Service Bureau, indicated this funding was formly known as Title XX. She indicated that as in past years, this money would be used for the Counseling Program, Emergency Shelter, and Recreation program. Council member Taylor 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. 1044 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 4600 WESTERN AVENUE 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 Benad pursuant to Section 2 -76(a) of the Municipal Code requesting that the area commonly known as 4600 Western Avenue, South Bend, Indiana and which is more particularly described as follows: Parcel I Part of Block Lettered "C" and Block Lettered "D" and all of vacated Belleville Center as shown on the recorded plat of Garden Village 3rd Unit, an addition to the City of South Bend, Indiana, and also part of the Southeast 1/4 of the Northeast 1/4 of Section 8, Township 37 North, Range 2 East lying West and adjacent to said plat of Garden Village 3rd Unit, described as follows: Beginning at the intersection of the Northerly line of Western Avenue with the West line of said plat of Garden Village 3rd Unit, said West line being also the East line of said Section 8; thence Easterly along said Northerly line of Western Avenue, 427.38 feet to a point 125.01 feet Westerly of the West line of Lombardy Drive; thence Northerly parallel with said line of Lombardy Drive, 125 feet; thence East perpendicular to west line of Lombardy Drive, 125 feet to the West line of Lombardy Drive; thence North along said West line of Lombardy Drive, 253.57 feet, thence West perpendicular to the West line of said plat of Garden Village 3rd Unit, 425.44 feet; thence North parallel with said West line of Garden Village 3rd Unit, 350.07 feet to the South line of Washington Street; thence Westerly along said South line of Washington Street; thence Westerly along said South line of Washington Street, 13.22 feet along an arc to the right and having a radius of 1248.89 feet and subtended by a long chord having a length of 13.22 feet to the point of curvature of said curve; thence continuing West along siad South line of Washington Street, 301.69 feet; thence South parallel with and 888 feet East of the East line of Summit Drive, 719.51 feet to the Northerly line of Western Avenuer, thence Easterly along said Northerly line of Western Avenue, 187.92 feet, more or less, to the point of beginning. Excepting therefrom: Beginning at a point on the Northerly line of REGULAR MEETING APRIL 11, 1983 Western Avenue, 125.01 feet West of the Southeast corner of said Block Lettered C, thence North parallel with the West line of Lombardy Drive, 125.00 feet; thence East perpendicular to said West line of Lombardy Drive, 125.00 feet to the West line of Lombardy Drive, 75.00 feet; thence West perpendicular to said West line of Lombardy Draive, 300.00 feet; thence South parallel with the West line of Lombardy Drive, 197.12 feet, more or less, to the Northerly line of Western Avenue; thence Easterly along said Northerly line of Western Avenue, 175.02 feet to the point of beginning. Parcel II A part of the Southeast 1/4 of the Northeast 1/4 of Section 8. Township 37 North, Range 21 East, in the City of South Bend, Indiana, described as follows: Commencing at a point on the East line of Summit Drive, 548.61 feet on an assumed bearing of North 0013' West of the North line of Western Avenue, said point being the Northwest corner of a tract of land as described in a deed to International Harvester Co. recorded July 12, 1972 in Deed Record 755, page 448 in the Office of the St. Joseph County Recorder; thence North 89053' East along the North line of said Internati Harvester Co. tract 688.00 feet to the point of beginning; thence continuing North 89053" East, 200.00 feet to the Northeast corner of a tract of land as described in a deed to Ford Leasing Development Company recorded February It 1974, in Deed Record 781, page 474 in said St. Joseph County Recorder's Office, said Northeast corner being also on the West line of a tract of land as described in a deed to Ronald W. and Florence Whiteford recorded December 5, 1978 in document numbered 7826605 in said St. Joseph County Recorder's Office; thence North 0013' West along the West line of said Whiteford tract, 150.00 feet to the South line of Washington Street, 200.00 feet; thence South 0013' East, 150.00 feet 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 qualifies 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 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 fo the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby accepts the report and recommendation of the Humnan Resources and Economic Development Committee that the area herein described be designated an Urban Development Area and hereby adopts a resolution designating this area as an Urban Development area for purposes of real property Tax Abatement. SECTION II. That the Common Council 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 report of the Area Plan Commission to cause no- to be published, said publication providing notice Common Council on said declaration. SECTION IV. This Resolution shall be in full its adoption by the Common Council and approval by the City Clerk, upon receipt of tice of the adoption of this resoluti of the public hearing before the force and effect from and aafter the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Warren McGill, attorney representing the petitioners, indicated that the Whiteford operation was basically a South Bend firm. He indicated they were being moved from their facilities due to the building of the Olive- Sample overpass. He indicated they planned to construct a new building, and will be retaining fifty jobs in the City. He indicated they planned to add approximately three new jobs per year. James Benjamin, 1345 Northside Blvd., representing three small unions, indicated local people should be used in this construct: Council Member Crone indicated the Redevelopment Commission gave no recommendation on this abatement. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of seven ayes and two nays (Council Members Crone and Voorde.) :RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 244 SOUTH OLIVE STREET AS AN URBAN DEVELOPMENT AREA FOR PURPOSES OF TAX ABATEMENT CONSIDERATION. Council Member Taylor made a motion to continue public hearing on this resolution to April 25, 1983, seconded by Council member Zielinski. The motion carried. i1 i 1 REGULAR MEETING APRIL 11, 1983 BILLS, FIRST READING BILL NO. 31 -83 A BILL APPROPRIATING $15,500.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8301, EWING AVENUE TRACK REPAIR, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading April 25, 1983, seconded by Council Member Zielinski. The motion carried. UNFINISHED BUSINESS Council Member Voorde inquired about the status of the Communication Committee. Council Member Taylor made a motion to have John Voorde serve on that committer seconded by Council Member Serge. The motion carried. Council Member McGann indicated he would co -serve on the committee. PRIVILEGE OF THE FLOOR Irene Mutzl, 320 Parkovash, spoke regarding the East Race grant money. Ralph Johnson, 815 Pennsylvania, spoke about restaurants having no smoking sections. Dennis and Darlene Doverspike, 1448 Sunnymede, spoke regarding a pure air ordinance. Therebeing no further business to come before the Committee of the Whole, Council Member McGann made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 9:28 p.m. ATTEST: City Clerk APPROVED: resident v