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HomeMy WebLinkAbout06-13-83 Council Meeting MinutesREGULAR MEETING JUNE 13, 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, June 13, 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 Absent: Council Member Beck 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 May 23, 1983, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Beverlie J. Beck s Beverly D. Crone Council Member McGann made a motion that the minutes of the May 23, meeting of the Council be accepted and placed on file, seconded by Council Member Zielinski. The motion carried. REPORTS Council Member Voorde indicated the Zoning and Vacation Committee had met regarding Bill No. 38 -83 and recommended the petition to vacate that alley be continued indefinitely, in order that the City and petitioner can work out some type of compromise. Council Member Harris indicated that the Public Safety Committee had met regarding Bill No. 40 -83 and recommended it favorable. Council Member Taylor indicated that the Human Resources and Economic Development Committee had met regarding Bill No. 39 -83 and Resolutions C, D, and E, and all received favorable recommendations. Council Member Zielinski made a motion to resolve into the Committee of the Whole, seconded by Council Member McGann. 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 June 13, 1983, at 7:05 p.m., with eight members present. Chairman Zielinski presiding. BILL NO. 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 ST.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Karen Kiemnec, from Historic Preservation, indicated this building rated an S 111 on their survey. She indicated it was built in 1913 and was used as a commercial building. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. BILL NO. 38 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SECOND ALLEY WEST OF HARRIS STREET RUNNING SOUTH FROM POLAND STREET, WHICH IS WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Council Member Taylor made a motion to continue public hearing on this bill inde €nitely, seconded by Council Member Crone. The motion carried. BILL NO. 39 -83 A BILL APPROPRIATING $20,500.00 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF CONDUCTING A NEIGHBORHOOD PAINT -UP PROGRAM TO BE ADMINISTERED THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Colleen Rosenfeld, Director of Community Development, indicated the paint -up program provides free paint and in some areas, exterior repairs to low and moderate income homeowners. She indicated the residents or the neighborhood group then recruits volunteer assistance if necessary for painting the structure. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. REGULAR MEETING JUNE 13 1983 BILL NO. 40 -83 A BILL APPROPRIATING $60,500 FROM THE EMERGENCY MEDICAL SERVICES FUND FOR CAPITAL EQUIPMENT AND REPAIRS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Tim Brassell, Fire Chief, made the presentation for the bill. He indicated this transfer would be used for equipment repair, building and structures repair, and motor equipment. Council Member Harris made a motion to recommend this bill to the Council favorable, seconded by Council Memberr Szymkowiak. The motion carried. There being no further business to Member McGann made a motion to rise Member Taylor. The motion carried. ATTEST: 'a ��� Ci y Clerk REGULAR MEETING RECONVENED come before the Committee of the Whole, Council and report to the Council, seconded by Council ATTEST: ai an 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 7:16 p.m. Council Vice President Serge presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 7191 -83 AN ORDINANCE 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 ST.) This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zielinski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7192 -83 AN ORDINANCE APPROPRIATING $20,500.00 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF CONDUCTING A NEIGHBORHOOD PAINT -UP PROGRAM TO BE ADMINISTERED THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zielinski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7193 -83 AN ORDINANCE APPROPRIATING $60,500 FROM THE EMERGENCY MEDICAL SERVICES FUND FOR CAPITAL EQUIPMENT AND REPAIRS. 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 eight ayes. RESOLUTIONS RESOLUTION NO. 1058 -83 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF INTENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND PARK CENTER ASSOCIATES, AN INDIANA LIMITED PARTNERSHIP PROVIDING FOR THE ISSUANCE BY SAID CITY OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF INDIANA CODE, TITLE 36, ARTICLE 71 CHAPTER 12, AS AMENDED. The area still has insufficient employment opportunities and insufficient diversifica- of industries, which conditions are harmful to the economic stability and general welfare of the area and, if not remedied, will be detrimental to the development of such area. The City of South Bend, Indiana (the "City ") is authorized under the provisions of Indiana Code, Title 36, Article 7, Chapter 12, as amended (the "Act "), to acquire, construct and finance economic development projects for the users thereof and to provide for the issuance of revenue bonds in conjunction therewith. The City, in order to implement the public purposes enumerated in the Act and in furtherance thereof to induce Park Center Associates, an Indiana limited partnership (the "Borrower ") to purchase and prepare land, construct imporvements on said land, and purchase equipment, furnishings, and fixtures (hereinafter collectively called the "Project ") within the limits of City of South Bend, Indiana, has indicated its intent to issue its revenue bonds under and pursuant to the provisions of the Act and to apply the proceeds therefrom to the payment of the costs of the Project. uon 4 REGULAR MEETING JUNE 13, 1983 The Borrower, after considering a number of possible locations within and outside the State of Indiana, and in reliance upon the intent of the City to finance the Project through the issuance of revenue bonds under the provisions of the Act, has determined to construct and Project within the limits of the City of South Bend, Indiana. It is now deemed advisable to authorize the execution and delivery by the City of a Memorandum of Intent expressing formally and in writing the understanding heretofore formally agreed upon by the City and the Borrower. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1 - The Mayor is hereby authorized and directed to execute a Memorandum of Intent by and between the City and the Borrower and the City Clerk is hereby authorized and directed to affix the seal of the City thereto and to attest the same; and said Mayor and City Clerk are hereby authorized and directed to cause said Memorandum of Intent to be delivered to, accepted, and executed by the Borrower, said Memorandum of Intent, which is hereby approved and incorporated by reference and made a part of this authorizing resolution, to be in substantially the form attached hereto. SECTION 2 - All resolutions and orders, or parts thereof, in conflict with the provisions of this resolution are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate 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. Kevin Butler, attorney for the petitioners, indicated the bond issue would be for $650,000 to finance the acquisition of real estate in the Monroe Park Urban Renewal Area and to construct an economic development facility for the purpose of providing both office and warehousing space. He indicated that 22 new jobs will be created with a proposed payroll of $290,000. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1059 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELPMENT, AN APPLICATION FOR ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS MADE AVAILABLE UNDER PUBLIC LAW 98 -8 IN ACCORDANCE WITH TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AS AMENDED. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City, and is the applicant for Community Development Block Grant Funds under Title I of the Housing and Community Development Act of 1974, as amended. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to submit the Community Development Block Grant Application for additional funds under Public Law 98 -8 to the United States Government under Title I of the Housing and Community Development Act of 1974 as amended. SECTION II. That the Common Council of the City of South Bend, Indiana, hereby requests that the Mayor submit the Community Development Block Grant Application for additional funds to the Common Council for review and comment prior to the date upon which the Application must be filed with the Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Community Development Block Grant funns received upon approval of this application. SECTION IV. 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/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Colleen Rosenfeld, indicated this resolution would authorize the Mayor to submit an application for additional Community Development Block Grant Funds made available under PublicLaw 98 -6 which has become commonly known as the "Jobs Bill." She indicated the activities to be conducted with this money have been outlined in the "proposed" and "Final Statement of Community Development objectivies and Projected Use of Funds - Appropriations Act" and will separately be submitted for the Council's consideration in the appropriation process. Glendrae Hernandez, 702 E. Scott indicated she had some concerns about the resolution. Richard Heyde, 3404 E. Corby; Tom Frederick, 2604 Southridge, Howard Goodhew, 2230 Topsfield; Betty Lawson, representing the YWCA; spoke in favor of this resolution. 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. 4F REGULAR MEETING JUNE 13, 1983 Council Member McGann made a motion to combine public hearing on Resolutions C and D, seconded by Council Member Crone. The motion.c4rried. r. RESOLUTION NO. 1060 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 445 NORTH SHERIDAN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. a WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 445 N. Sheridan Avenue, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A tract of land in the Southwest 1/4 of Section 4, Township 34 North, Range 2 East located in Portage Township, City of South Bend, St. Joseph County, Indiana, - described as follows: Beginning at a point on the West line of Sheridan Avenue (80 foot right -of -way) 420.19 feet North (assumed bearing) of the.North line of.Linden Avenue (80 foot right -of -way) which point is also 207 feet West and 460.19 feet North of the Southeast corner of said Southwest 1/4 of Section 4; thence Northerly along said West line of Sheridan Avenue 673.22 feet to the Southerly right -of -way line of the Consolidated Rail Corporation (formerly the New York Central Railroad); thence north 79018130' West along said Southerly right -of -way line of the Consolida Rail Corporation 429.83 feet; thence South 00008'15" West 749.04 feet to a point 418.30 feet North 00008115" East of the North line of Linden Avenue; thence East perpendicular to the West line of Sheridan Avenue 370.26 feet to the point of beginning, containing 6.268 acres, more or less. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., 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 Economic Revitalization 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 Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of tiKe 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/ Beverlie J. Beck Member of the Common Council RESOLUTION NO. 1061 -83 A RESOLUTION OF THE.COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 445 NORTH SHERIDAN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 445 N. Sheridan Avenue, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A atract of land in the Southwest 1/4 of Section 4, Township 34 North, Range 2 East located in Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the West line of Sheridan Avenue (80 foot right -of -way) } 420.19 feet North (assumed bearing) of the -North line of Linden Avenue (80 foot right -of -way) which point is also 207 feet West and 460.19 feet North of the Southeast corner of said Southwest 1/4 of Section 4; thence Northerly along said West line of Sheridan Avenue 673.22 feet to the Southerly right -of -way line of the Consolidated Rail Corporation (formerly the New York Central Railroad); REGULAR MEETING JUNE 13, 1983 thence north 79018130' West along said Southerly right -of -way line of the Consolidated Rail Corporation 429.83 feet; thence South.00O08115" West 749.04 feet to a point 418.30 feet North 00008115" East of the North line of Linden Avenue; thence East perpendicular to the West line of Sheridan Avenue 370.26 feet to the point of beginning, containing 6.268 acres, more or less. designated as an Economic Revitalization Area under the provisions of Indiana Code 1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared report with information sufficient for the Common Council to determine that the ea qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et q., and has further prepared maps and plats showing the boundaries and such other formation as required by law of the area in question; and WHEREAS, the Human Resources and Economic Development Committee of the Common uncil has reviewed said report and recommended to the Common Council that the area alifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the CIty of South Bend, iana, as follows: SECTION I. That the Common Council hereby accepts the report and recommendation the Human Resources and Economic Development Committee that the area herein described designated an Economic Revitalization Area and hereby adopts a resolution designating is area as an Economic Revitalization Area for purposes of personal property tax atement. SECTION II. That this designation shall be limited to five (5) calendar years om the date of the adoption of this Resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of adoption of this resolution to be published, said publication providing notice of public hearing before the Common Council on said declaration. SECTION IV. This Resolution shall be in full force and effect from and after s adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council public hearing was held on the resolution at this time. Richard Morgan, attorney presenting STC, indicated that STC Recycling, Inc., proposes to locate one of its o United States plants in South Bend at 445 N. Sheridan. He explained the operations the recycling plant. Council Member Szymkowiak made a motion to adopt Resolution 106 -83, seconded by Council Member Zielinski. The resolution was adopted by a 11 call vote of eight ayes. Council Member McGann made a motion to adopt Resolution 1061 -83, seconded Council Member Taylor. The resolution was adopted by a roll 11 vote of eight ayes. SOLUTION NO. 1062 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 650 NORTH WILBER STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed ith the Common Council of the City of South Bend, requesting that the area commonly nown as 630 North Wilber Street, South Bend, Indiana, and which is more particularly escribed by a line drawn as follows: Lot D. Davis Plat, City of South Bend, Indiana e designated as an Economic Revitalization Area under the provisions of Indiana Code -1.1- 12.1 -1, et seq.; and designated as an Economic Revitalization Area under the provisions of Indiana Code 1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared report with information sufficient for the Common Council to determine that the ea qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et q., and has further prepared maps and plats showing the boundaries and lsuch other formation as required by law of the area in question; and WHEREAS, the Human Resources and Economic Development Committee of the Common ncil has reviewed said report and recommended to the Common Council that the area lifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the CIty of South Bend, Cndiana, as follows: REGULAR MEETING JUNE-1 3, 1983 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 Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of personal property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk 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/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Richard Ludwick, 730 Park Ave., -= indicated this abatement was for machinery. 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. Council Member Zielinski made a motion to combine public hearing on Resolutions F, G. H., seconded by Council Member Crone. The motion carried. RESOLUTION NO. 1063 -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, SOUTH BEND, INDIANA, AN ECONOMIC REVITALI AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 4600 Western Avenue, South Bend, Indiana, and which is 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: iq 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 describedin a deed to Ronald W. and 11 41111 REGULAR MEETING JUNE 13, 1983 Florence Whiteford recorded December 5, 1978 in document numbered 7826605 in said St. Joseph County Recorder's Office; thence'North O013' West along the West line of said Whiteford tract, 150.00 feet to the South line of Washington Street, 200.00 feet; thence South O013' East, 150.00 feet to the point of beginning. be designated as an Economic Revitalization Area under.the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and lsuch 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 Economic Revitalization 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 Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk 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. RESOLUTION NO. 1064 /s/ Beverlie J. Beck Member of the Common Council A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 1901 WESTERN AVENUE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZAT AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1901 Western Avenue, South Bend, Indiana, and which is more particularly described by a line drawn as follows: 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. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and lsuch 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 Economic Revitalization 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 Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. 4 721 REGULAR MEETING JUNE 13, 1983 SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk 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. RESOLUTION NO. 1065 -83 /s/ Beverlie J. Beck Member of the Common Council A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 1116 SOUTH MAIN, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1116 South Main, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Lots 16, 17, 18 So. Bend City Addition. Except east 34' Lot 18 and 23' x 34' northeast corner of Lot 17. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and lsuch 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 qualifiesas an Economic Revitaliztion 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 Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk 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/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolutions at this time. Kathy Cekanski - Farrand, Council Attorney, indicated these resolutions were basically reconfirmation of action taken previously by the Council. She indicated that on March 22, the State legislature passed new legislation regarding tax abatements, making it retroactive to March 1. These three resolutions incorporate the new language required by State law. Council member Taylor made a motion to adopt Resolution No. 1063 -83, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of eight ayes. Council Member Zielinski made a motion to adopt Resolution No. 1064 -83, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes. Council member Zielinski made a mtoion to adopt Resolutin No. 1065 -83, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 41 -83 A BILL TO VACATE THE FOLLOWING PROPERTY: THE FIRST EAST WEST ALLEY SOUTH OF NAPOLEAN ST., RUNNING. EAST FROM ST. LOUIS TO ST. PETER ST. BETWEEN LOTS 67 -68 AND 61 -62 OF SORIN'S 2ND ADDITION TO THE CITY OF SOUTH BEND FOR A COMBINED DISTANCE OF 330'. it 1 41713 REGULAR MEETING JUNE 13, 1983 This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 27, and refer it to the Zoning and Vacation Committe, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 42 -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) (SAINT JOSEPH'S MEDICAL CENTER COMPLEX). This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Zielinski. The motion carried. BILL NO. 43 -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) (3231 McKINLEY). This bill had first reading. Council Member Zielinski made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 44 -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) (822 FRANCES). This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Zielinski. The motion carried. BILL NO. 45 -83 FIRST READING ON A BILL ESTABLISHING THE VOLUNTEER PROGRAM FUND. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading June 27, seconded by Council Member Harris. The motion carried. BILL NO. 46 -83 A BILL AMENDING THE 1983 SALARY ORDINANCE NO. 7080 -82 FIXING THE MAXIMUM SALARY FOR VOLUNTEER COORDINATOR IN THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading June 27, seconded by Council Member Crone. The motion carried. BILL NO. 47 -83 A BILL APPROPRIATING $5,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE VOLUNTEER PROGRAM FOR 1983 TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading June 27, seconded by Council Member Zielinski. The motion carried. BILL NO. 48 -83 A BILL APPROPRIATING $3,000 FROM THE VOLUNTEER PROGRAM FUND FOR A VOLUNTEER COORDINATOR. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading June 27, seconded by Council Member Zielinski. The motion carried. BILL NO. 49 -83 A BILL APPROPRIATING $32,500.00 FROM THE CITY CEMETERY TRUST FUND OF THE CITY OF SOUTH BEND, INDIANA FOR CAPITAL REPAIRS AND STRUCTURES. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading June 27, seconded by Council Member Zielinski. The motion carried. BILL NO. 49 -83 A BILL APPROPRIATING $32,500.00 FROM THE CITY CEMETERY TRUST FUND OF THE CITY OF SOUTH BEND, INDIANA FOR CAPITAL REPAIRS AND STRUCTURES. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 27, seconded by Council Member Zielinski. The motion carried. BILL NO. 50 -83 A BILL APPROPRIATING $41,128, FROM THE YOUTH SERVICE BUREAU FUND FOR OPERATING FUNDS TO BE ADMINISTERED BY THE YOUTH SERVICE BUREAU OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading June 27, and refer it to the Personnel & Finance Committee, seconded by Council Member Harris. The motion carried. BILL NO. 51 -83 A BILL AMENDING CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE AMENDING ARTICLE 7, COMMONLY KNOWN AS SEWER SERVICE FUND AND CHARGES. 4't-,44 REGULAR MEETING JUNE 13, 1983 This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 27, and refer it to the Utilities Committee, seconded by Council Member Zielinski. The motion carried. BILL NO. 52 -83 A BILL AMENDING CHAPTER 21 BEING ORDINANCE NO. 4990 -68, AS AMENDED. This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Zielinski. The motion carried. BILL NO. 53 -83 A BILL AMENDING SOUTH BEND MUNICIPAL CODE, CHAPTER 2, ENTITLED ADMINISTRATION, TO ADD A NEW ARTICLE 2, ENTITLED DEPUTY MAYOR. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading June 27, seconded by Council Member Zielinski. The motion carried. BILL NO. 54 -83 A BILL TRANSFERRING $314,622.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading June 27, and refer it to the Personnel & Finance Committee, seconded by Council Member Zielinski. The motion carried. BILL NO. 55 -83 A BILL APPROPRIATING $175,000.00 FROM THE MUNICIPAL BONDS OF 1981 FUND FOR CENTRALIZED COMMUNICATIONS AND STREET DEPARTMENT EQUIPMENT. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading June 27, and refer to the Public Safety Committee, seconded by Council Member Harris. The motion carried. BILL NO. 56 -83 A BILL TRANSFERRING $120,000.00 FROM ACCOUNT 222.0 GASOLINE TO VARIOUS ACCOUNTS WITHIN THE BUREAU OF BUILDING MAINTENANCE. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading June 27, and refer it to the Public Works Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 57 -83 A BILL APPROPRIATING $85,000.00 FROM THE CUMULATIVE SEWER BUILD AND SINKING FUND TO PROJECT CS 821, IRONWOOD - IRELAND RE'T'ENTION : BASIN, _ WITHIN THE _SEWER BOILDINGP.AND .SINKINGi This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading June 27, and refer it to the Public Works Committee. seconded by Council Member Zielinski. The motion carried. BILL NO. 58 -83 A BILL APPROPRIATING $7,500.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8303, LINCOLNWAY WEST TRACK REPAIR, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading June 27, and refer it to the Public Works Committe, seconded by Council Member Taylor. The motion carried. BILL NO. 59-83 A BILL APPROPRIATING $400,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8302, 1983 RESURFACING PROJECT, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading June 27, and refer it to the Public Works Committe seconded by Council Member Taylor. The motion carried. BILL NO. 60 -83 A BILL APPROPRIATING $100,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8304, CONCRETE IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading June 27, and refer it to the Public Works Committee, seconded by Council Member Harris. The motion carried. BILL NO. 61 -83 A BILL APPROPRIATING $17,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 822, ANGELA BOULEVARD STORM DRAINAGE IMPROVEMENTS, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading June 27, and refer it to the Public Works Committee, seconded by Council Member Crone. The motion carried. 1 1 4'7'5 REGULAR MEETING JUNE 13, 1983 ORDINANCE NO. 7194 -83 AN ORDIANNCE TRANSFERRING $60,000.00 FROM THE 130.0 ACCOUNT, EXTRA AND OVERTIME, TO ACCOUNT 427.0, MOTOR EQUIPMENT, BOTH ACCOUNTS WITHIN THE STREET DEPARTMENT BUDGET, WITHIN THE MOTOR VEHICLE HIGHWAY FUND. This bill had first reading. Council Member Zielinski made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Taylor. The motion carried on a roll call vote of eight ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, City Engineer, made the presentation for the bill. He indicated that a surplus exists in another account and a transfer is necessary to meet unexpected expenses. He indicated that new motor equipment was needed in the Street Department. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. Council Attorney asked Mr. Leszczynski for a revised cover letter indicated equipment they were purchasing. UNFINISHED BUSINESS Council Member Zielinski made a motion to strike Bill No. 20 -83, a rezoning for 1237 E. Ewing, which was set for public hearing June 27, as the petitioner had withdrawn, seconded by CVouncil Member Taylor. The motion carried. PRIVILEGE OF THE FLOOR Roland Ellis, 1633 N. Olive, spoke of a petition drive he had begun concerning a Northwest Youth Center. He indicated that everyother part of the City had a youth center. His petition was placed on file with the City Clerk. Howard Goodhew, 2230 Topsfield Road, asked a question about Bill No. 62 -83 which had been passed with a suspension of rules. He wanted to know if the new equipment had already been purchased, and Mr. Leszczynski indicated it had not been purchased. There being no further business to come before the Council, unfinished, or new, Council Member McGann made a motion to adjourn, seconded by Council Member Zielinski. The motion carried and the meeting ad adjourned at 8:20 p.m. ATTEST: C'ty Clerk APPROVED: esi ent