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HomeMy WebLinkAbout05-09-83 Council Meeting Minutesll.F i S REGULAR MEETING MAY 9, 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, May 9, 1983, 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: :a Your sub- committee on the inspection and supervision of the minutes would res- pectfully report that it has inspected the minutes of the April 25, 1983, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Beverlie Beck 7s7 Beverly D. Crone Council Member Serge made a motion that the minutes of the April 25, 1983, meeting of the Council be accepted and placed on file, seconded by Council Member Zielinski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1047 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMEMORATING THE MANY CONTRIBUTIONS MADE TO OUR COMMUNITY BE THE LATE FREDA G. NOBLE. WHEREAS, the Common Council of the City of South Bend, Indiana, notes with sincere sadness the passing of Freda G. Noble; and WHEREAS, the Council recalls the many years of public service which Freda G. Noble gave to this community working for its public good; and WHEREAS, the Council notes just some of the positions which Freda G. Noble held throughout her life of dedication and hard work, which included being the former St. Joseph County and 3rd Congressional District Democratic Chairman, former South Bend City Clerk, former Associate Director of the Indiana Department of Tourism,'former Clerk to the South Bend Board of Public Works and Safety, former Deputy County'aduitor, and countless memberships in Demorcratic organizations throughout the County; and WHEREAS, the City of South Bend has truly lost a caring public servant by the silencing of the voice of Fred G. Noble. 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 Fred G. Noble for a rich and full life of dedicated public service to her community and people throughout Michiana. SECTION II. The Common Council expresses its deepest sympathy to the family of Freda G. Noble and hope that the abundance and rich memories of her will help brighten the days ahead. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the 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, Jr. /s/ John Voorde Council Member Serge read the resolution and presented it to Freda's daughter Pat DeClercq. Council Member Szymkowiak made a motion to adopt the resolution, seconded by Council Harris. The motion carried. Council Member Taylor made a,motion to resolve into the Committee of the Whole, seconded by Council Member Zielinski. The motion carried. X54 REGULAR MEETING COMMITTEE OF THE WHOLE MAY 9, 1983 Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on May 9, 1983, at 7:04 p.m., with nine members present. Chairman Zielinski presiding. BILL NO. 32 -83 A BILL CONSENTING TO THE ANNEXATION BY THE INCORPORATED TOWN OF ROSELAND, INDIANA, OF CERTAIN TERRITORY. 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 this bill would give the Common Council's consent to the Town of Roseland for annexation of certain property which has long been considered to be within the town limits of Roseland. She indicated this was an easement for I &M and Conrail. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. '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, seconded by Council Member Harris. The motion carried. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED Cha' man Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:07 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7187 -83 AN ORDINANCE CONSENTING TO THE ANNEXATION BY THE INCORPORATED TOWN OF ROSELAND, INDIANA, OF CERTAIN TERRITORY. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Harris. The bill passed by a roll call vote of nine ayes. RESOLUTIONS u RESOLUTION NO. 1048 -83 AN INDUCEMENT RESOLUTION OF THE SOUTH BEND COMMON COUNCIL FOR THE ISSUANCE OF $7.8 MILLION SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS FOR BRETHREN CARE OF SOUTH BEND, INC. PROJECT, TO REFINANCE A PORTION OF THE EXISITING DEBT STRUCTURE WHEREAS, the City of South Bend, Indiana (the "City "), pursuant to the approval and recommendation of the South Bend Economic Development Commission (the "Commission "), has heretofore issued City of South Bend, Indiana, Economic Development Revenue Bonds, Series A (Brethren Care of South Bend, Inc. Project) in the aggregate principal amount of eight million dollars (the "Series A Bonds "), the proceeds of which were loaned to Brethren Care of South Bend, Inc. ( "Brethren Care "), to finance the costs of acquisition, construction and equippping of the retirement village consisting of 254 apartment -units and an 80 bed health care facility (the "Project "); and WHEREAS, the Series A Bonds were issued pursuant to the terms of a Loan Agreement dated as of October 1, 1978 (the "Original Agreement "), between the City and Brethren Care and an Indenture of Trust dated as of October 1, 1978 (the "Original Indenture "), between the City and The National Bank and Trust Company of South Bend, as Trustee (the "Trustee "), which Original Agreement and Original Indenture were approved by the Commission and the Common Council (the "Original Resolution "); and WHEREAS, the original Resolution contemplates the issuance of tax- exempt obligations for the purpose of providing the Project at an estimated Project cost of approximately thirteen million dollars; and WHEREAS, Brethren Care has incurred certain indebtedness to pay the cost of acquisition and construction of the Project (the "Construction Indebtedness ") which was not financed from the proceds of the Series A Bonds, and now desire to refinance the Construction Indebtedness through the issuance of additional tax exempt obligations of the City; and WHEREAS, the Trustee has declared a default on the Series A Bonds and the Project is presently experiencing other financial difficulties and such refinancing of the Construction Indebtedness will improve the financial condition of Brethren Care and help alleviate its financial deficiencies; and WHEREAS, Brethren Care proposes to refinance the Construction Indebtedness with proceeds with the issuance of tax - exempt notes in an amount not to exceed Seven Million Eight Hundred Thousand Dollars ($7,800,000) to be issued by the City pursuant to the terms of a Loan Agreement and an Indenture of Trust; and [I 1 1 1 LJI REGULAR MEETING MAY 9, 1983 11.SS WHEREAS, the issuance of such tax - exempt notes will contribute substantially to the revitalization of the Project, together with the preservation of job opportunities and industrial diversification in the City, resulting in a benefit to the welfare of the City; and WHEREAS, in relation to the issuance of the Series A bonds, the Commission and the Common Council of the City (the "Council ") found that a need existed in the City for the Project and the jobs which it would create; and WHEREAS, the Commission has heretofore investigated, studied, surveyed and reported to the Mayor and the Common Council, that a need exists in the community for the preservation of existing jobs within the City, and to achieve that goal the Construction Indebtedness should be refinanced; and WHEREAS, to induce Brethren Care to refinance the Construction Indebtedness, the Commission on May 9, 1983 approved the application of Brethren Care for the issuance of up to Seven Million Eight Hundred Thousand Dollars of Economic Development Revenue Bonds and also passed an Inducement Resolution relating thereto; and WHEREAS, to induce Brethren Care to refinance the Construction Indebtedness and thereby contribute to the revitalization of the Project and the preservation of jobs, the Council desires to adopt this resoltuion; NOW, THEREFORE, BE IT RESOLVED, that in order to encourage, induce and solicit the application by Brethren Care for an amount not exceeding Seven Million Eight Hundred Thousand Dollars of Economic Development Revenue Bonds to be issued by the City of South Bend, Indiana, for the refinancing of the Construction Indebtedness relating to the Project in South Bend, Indiana, the City of South Bend shall proceed to cooperate with and take any action as may be necessary in drafting of documents or the performance of such other acts as will facilitate the issuance of such Economic Development Revenue Bonds by the City of South Bend, Indiana, to provide funds to be used for the refinancing of the Consturction Indebtedness; and BE IT FURTHER RESOLVED that any expenses incurred in °connection with said proceedings shall be included in the Project cost and reimbursed from the proceeds of said notes. BE IT FURTHER RESOLVED that the liability and obligations of the Commission and the city shall be limited solely to the good faith efforts to consumate said proceeds and issue the notes, and neither the Commission, the City, its officers or agents shall incur any liability whatsoever if, for any reason, the proposed issuance of the notes is riot consumated. This Inducement Resolution shall be in full force and effect from and after its adoption by the Common Council. /s/ Beverlie J. Beck 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 the purpose of this bond is to refinance a portion of the construction indebtedness incurred when Brethren Care constructed a residential retirement facility. He indicated that due to the downturn in the economy and the depressed state of the local real estate market, occupancy levels at St. Paul's have been far lower than expected. He indicated this proposed financing appears to be the only present viable alternative.for curing the project's financial problems. 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. RESOLUTION NO. 1049 -83 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, IDNIANA, RELATING TO: ST. JOSPEH STATION, II, AN INDIANA LIMITED PARTNERSHIP 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 benefited by the acquisition of economic development facilities in the corporate limits of the City pursuant to the provisions of Indiana Code 18 -6 -4.5 (the "Act "); and WHEREAS, St. Joseph Station, II, an Indiana limited - partnership ( "St. Joseph Station ") 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; and WHEREAS, the South Bend Economic Development Commission has received an application by St. Joseph Station for the issuance of City of South Bend Economic Development Bonds in the approximate principal amount of Four Million Five Hundred Thousand and no /100 Dollars ($4,500,000.00) with the terms of repayment to be determined by the market rates at the time the bonds are sold and the proceeds of the bonds will be used to make certain improvements to real estate at 300 North Michigan Street, South Bend, Indiana, for use as an office building with limited retail space resulting in approximately 100 new jobs by the tenants of the facility with an annual payroll of approximately Nine Hundred Thousand and no /100 Dollars ($900,000.00). 45 REGULAR MEETING MAY 9, 1983 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 Four Million Five Hundred Thousand and no /100 ($4,500,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed finance will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. St. Joseph Station may proceed with acquisition and construction of the economic development facilities in reliance upon this resolution. 4.' That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such 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 consummated. This inducement resoluton shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck 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 to rehab existing facilities at LaSalle and Michigan. He indicated this was the old Bowl -Mor Building. Patrick McMahon, Director of Project Future, indicated they had been working with Controlled Data for over a year. He indicated they estimated 100 jobs will result from this project. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member McGann. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1050 -83 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INAI &, RELATING TO: MARTIN'S REALTY CO., AN INDIANA PARTNERSHIP 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 benefited by the acquisition of economic development facilties in the corporate limits of the City pursuant to the provisions of Indiana code 18 -6 -4.5 (the "Act "); and WHEREAS, Martin's Realty Co., an Indiana partnership ( "Martin's Realty ") 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; and WHEREAS, the South Bend Economic Development Commission has received an application by Martin's Realty for the issuance of City of South Bend Economic Development Bonds in the approximate principal amount of 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 land the proceeds of the bonds will be used to make certain improvements to real estate for the Martin's Realty shopping center located at the southwest corner of Elwood and Portage Avenues, South Bend, Indiana, resulting in the addition of approximately 30 new jobs by the principal users with an increase in their annual payrolls of approximately Three Hundred Thousand and no /100 Dollars (4300,000.00). 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 and no /100 Dollars (41,200,000.00) 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. Martin's Realty may proceed with acquisition and construction of the economic development facilities in reliance with this resolution. 1 LJ 11. S? REGULAR MEETING MAY 9, 1983 4." That the liability and obligation of the South Bend Economic Development Commission, the south Bend Common Council and the City of South Bend, Idniana, 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 consummated. This inducement resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development, indicated this bond issue will be used to pay for the renovation and expansion of its retail supermarket facility and shopping center located at the southwest corner of Elwood and Portage Avenue. He indicated it was anticipated thirty new full -time jobs will be added. Clem Gramza, 726 Blaine, spoke in favor of this resolution. 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. 1051 -83 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT A GRANT APPLICATION FOR FUNDING OF THE "RUNAWAY SHELTER" FOR THE YEAR 1983 -84 WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, and, therefore, is the Applicant for a Grant for "The Runaway Shelter." NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend, Indiana: SECTION I. Hereby establishes the authority of the Mayor of the City of South Bend to submit an application for operation funds in the amount of $85,000.00. SECTION II. The Director of the Youth Service bureau will be designated the Administrative Agent for this project. For every category established under this resolution, the Director of the Youth Service Bureau shall submit to the Common Council a line item budget prior to the expenditures of any grant money received upon approval of this application. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Bonnie Strycker, Executive Director of the Youth Service Bureau, indicated these funds have been secured by the YSB for the past seven years to help support the Runaway Shelter. She indicated this grant request is for$85,000, which is the maximum that can be requested. Council Member Zielinski made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1052 -83 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1116 SOUTH MAIN, 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 the City 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 116 South Main Street, South Bend, Indiana, and more particularly described by a line drawn as follows: Lots 16, 17, 18 So. Bend City Addition. northeast corner of Lot 17, is an Urban Development Area; and Except east 34' Lot 18 and 23' x 34' 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 the public hearing before the Council having been published pursuant to Indiana Code 36- 7- 14 -17; and Zr 5 REGULAR MEETING MAY 9,_ 1983 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 Cuncil hereby confirms its Declaratory Resolution designating the area described herein as an Urban Development Area for purposes of 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/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Jon Hunt, Director of Economic Development, indicated this was a confirmation of a declaratory resolution previously passed by the Council. Richard Heyde, 3404 E. Corby, spoke against the adoption of this resolution, because the owners did not use local contractors. Council Member Zielinski made a motion to adopt thisresolution, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Voorde.) RESOLUTION NO. 1053 -83 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1901 WESTERN AVENUE TO BE AN URBAN DEVELOPMENT AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT AND A DETERMINA7 OF THE PUBLIC UTILITY AND BENEFIT OF THE PROJECT PROPOSED FOR TAX ABATEMENT CONSIDERATION. WHEREAS, the Common Council of the City 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 1901 Western Avenue, South Bend, Indiana, and more particularly described by a line drawn as follows: The following described real estate located in the City of South Bend, St. Joseph County, Indiana, to wit: Commencing at a point on the North line of Western Avenue which is One Thousand Three Hundred Twenty -nine and six - tenths (1,329.6) feet Easterly of the intersection of the Northeast corner of Western Avenue and Olive Street, which point is THE BEGINNING POINT of this description; thence Easterly along the Northernly line of Western Avenue a distance of Four Hundred Sixty -one and One - Tenths (461.1) feet from THE BEGINNING POINT: thence. Northernly parallel to the Easternly line of Olive Street to the Southernly right -of -way of the Penn Central Railroad; thence Northwesternly along the Southernly right -of -way of the Penn Central Railroad to a point which is due North of THE BEGINNING POINT: thence due South to the BEGINNING POINT. 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 the public hearing before the Council having been published pursuant to Indiana Code Section 36- 7- 14 -17; and . WHEREAS, the Council held a public hearing for 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 project. 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 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/ Beverlie J. Beck Member of the Common Council CON k!, 5 REGULAR MEETING MAY 9, 1983 A public hearing was held on the resolution at this time. Warren McGill, attorney representing the petitioner, indicated this was a confirmation of a declaratory resolution previously passed by the Council for Whiteford, Inc. Council Member McGann made a motion to combine resolution 9G on the agenda for purposes of public hearing, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 1054 -83 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 4600 WESTERN AVENUE TO BE AN URBAN DEVELOPMENT AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT AND A DETERMINAT: OF THE PUBLIC UTILITY AND BENEFIT OF THE PROJECT PROPOSED FOR TAX ABATEMENT CONSIDERATION. WHEREAS, the Common Council of the City 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 4600 Western Avenue, South Bend, Indiana, and more particularly described by a line drawn 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 said 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 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 1, 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. 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 the public hearing before the Council having been published pursuant to Indiana Code Section 36- 7- 14 -17; and WHEREAS, the Council held a public hearing for purposes of hearing persons in favor of the proposed project and those remonstrators who were opposed to the proposed project; and ?r 6 MAY 9 1983 WHEREAS, the Council has determined the public utility and benefit of the project. 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 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/ Beverlie J. Beck Member of the Common Council Mr. McGill indicatd this company had to relocate due to the Olive- Sample overpass. Council Member Taylor made a motion to amend resolution 9G in the fourth Whereas paragraph to correct Indiana Code to 36- 7- 14 -17, seconded by Council Member Zielinski. The motion carried. Council Member Taylor made a motion to adopt 9F, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of nine ayes. Council Member Zielinski made a motion to adopt 9G, as amended, seconded by Council Member Serge. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Voorde.) Council Member Voorde made a motion to reconsider resolution 9E, seconded by Council Member Zielinski. The motion carried. Council Member Crone made a motion to amend the fourth Whereas paragraph to correct Indiana Code to 36- 7- 14 -17, seconded by Council Member Voorde. The motion carried. Council Member Taylor made a motion to adopt the resolution, as amended, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Voorde.) BILLS, FIRST READING BILL NO. 34 -83 A BILL APPROPRIATING $7,250.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND TO ASSIST IN THE ESTABLISHMENT OF A PARENTS' RESOURCE CENTER BY PROJECT HEAD START OF ST. JOSEPH COUNTY AND TO BE ADMINISTERED BY THE DIVISION OF COMMUNITY DEVELOPMEN This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading Mlay 23, 1983, seconded by Council Member Zielins The motion carried. BILL PTO. 35 -83 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (702 S. MICHIGAN STREET.) This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Zeelinski. The motion carried. BILL NO. 36 -83 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) (520 W. JEFFERSON.) This bill had first reading. Council Member Serge made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 37 -83 A BILL APPROPRIATING $25,000 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE WESTERN AVENUE ECONOMIC INITIATIVE FOR 1983 TO BE ADMINISTERED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading May 23, 1983, seconded by Council Member Serge. The motion carried. PRIVILEGE OF THE FLOOR Council Member Crone spoke regarding the retention of Kathy Cekanski - Farrand as Council attorney. 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 Taylor. The motion carried and the meeting was adjourned at 8:00 p.m. ATTEST: City Clerk APPROVED: resident