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HomeMy WebLinkAbout07-25-83 Council Meeting MinutesREGULAR MEETING JULY 25, 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, July 25, 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, Harris, Voorde and Beck Absent: Council Member Crone 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 July 11, 1983, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Beverlie J. Beck s/ Lewis A. McGann Council Member Serge made a motion that the minutes of the July 11, 1983, meeting of the Council be accepted and placed on file, seconded by Council Member Zielinski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1080 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONGRATULATING UAW LOCAL NO. 5 ON THEIR 50TH ANNIVERSARY. WHEREAS, the Common Council recognizes that 50 years ago Studebaker Local 18310, now Amalgamated Local 5, was born during the dark days of the Depression; and WHEREAS, the original charter was signed on July 21, 1933 with a total membership of 17 persons and grew to 1,900 members by the end of that year; and WHEREAS, by 1949 the union grew in number to 23,000 members and grew in negotiating strength and power; and WHEREAS, over the years Local 5 has had a steadily changing and growing membership which has fought hard for the labor movement; and WHEREAS, Local 5's leadership, hardwork and united effort to work for better working conditions, better wages and better communication between labor and management, are true examples of the "Union With a Heart ". NOW, THERFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that: SECTION I. The Common Council of the City of South Bend, Indiana, congratulates UAW Local #5 on their 50th anniversary. SECTION II. The Common Council recalls with pride the hard work and dedication of the members of Local #5 in working hard for the many causes of the labor movement. SECTION III. The South Bend Common Council, on behalf of all of the citizens of South Bend wish all of the officers and members of UAW Local #5 continued success and support in the years ahead. 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/ John J.Harris, Jr. Member of the Common Council A public hearing was held on the resolution at this time. Council Member Harris read the resolution and presented it to Odell Newburn, President of Local 5. Odell Newburn thanked the Council on behalf of their Board and Local 5. 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 eight ayes. REGULAR MEETING JULY 25, 1983 di_�`, RESOLUTION NO. 1081 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE SOUTH BEND SCHOOL BOARD TO RECONSIDER THE PETITION CALLING FOR AN ELECTED SCHOOL BOARD AS A REFERENDUM OPTION. WHEREAS, the Common Council believes that the citizens of South Bend deserve quality education throughout the South Bend Community School Corporation; and WHEREAS, improved educational programs should always be sought in order to help all citizens realize their greatest potential; and WHEREAS, the School Board should honor the democratic process used for gathering thousands of signatures requesting a referendum option on this timely and vital community topic. Ito NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION I. The South Bend Common Council urges the South Bend School Board to respect the rights of voters and reconsider the petition calling for an elected School Board as a referendum option. SECTION II. The Democratic process should be utilized to truly determine where our taxpaying citizens stand on this important topic which may affect the quality of education throughout our school system. 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 Council Member Beck read the resolution. Nancy Peterson, 52480 Laurel Road, petition coordinator, thanked the Council for considering this resolution. Jane Carroll, 25331 St. Road 23; Fred Rice, 717 Kentucky; Kathryn Brookins, 701 W. LaSalle, spoke in favor of this resolution. Council Member Zielinski made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of seven ayes and one nay (Council Member Harris.) REPORTS Council Member Taylor indicated that the Human Resources Committee had met on Bill Nos. 70 and 77 and recommended them favorable. Council Member Serge indicated that the Personnel and Finance Committee had met on Bill nos. 73 and 74, and recommended them favorable. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Zielinski. 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 July 25, 1983, at 7:20 p.m., with eight members present. Chairman Zielinski presiding. BILL NO. 71 -83 A BILL AUTHORIZING THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE NOTES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO BRETHREN CARE OF SOUTH BEND, INC., IN ORDER TO FINANCE CERTAIN COSTS OF ACQUISITION AND CONSTRUCTION OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES: AUTHORIZING EXECUTION OF A LOAN AGREEMENT: PROVIDING FOR THE DELIVERY OF A PROMISSORY NOTE AND THE ASSIGNMENT THEREOF AS SECURITY FOR SAID NOTES: AND AUTHORIZING THE INDENTURE OF TRUST. 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 a sustitute bill had been filed with the City Clerk. Council Member McGann made a motion to accept the substitute bill, seconded by Council Member Taylor. The motion carried. He indicated the substitute bill filled in some of the blanks that were on the original filed bill. Due to the fact that the Council did not have a copy of the new bill Council Member Serge made a motion to continue this bill until August 8, seconded by Council Member Harris. The motion carried. r,_ a_ , 0 REGULAR MEETING JULY 25, 1983 BILL NO. 72 -83 A BILL APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING THE RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE PARK CENTER ASSOCIATES PROJECT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kevin Butler, attorney representing Park Center Associates, made the presentation for the bill. He indicated the facility would be located in the Monroe Park Urban Renewal Area at Marietta and Sample. He indicated the project would cost $820,000 and they were asking for a $650,000 bond issue. He indicated they would hire approximately 22 new employees. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Harris. The motion carried. Council Member McGann indicated that due to the fact that the Council had prior documenta on Bill No. 71 -83 he felt there should be public hearing and second reading on the bill at this meeting. He made a motion to reconsider Bill No. 71 -83 for public hearing and second reading, seconded by Council Member Serge. The motion carried. Kenneth Feddef,- attorney for the Economic Development Commission, described the changes made in th.e- ,substitute bill on file with the City Clerk. He indicated the bond issue was for St. Paul's Retirement Center, in order to refinance the construction indebtedness to fund a debt service reserve fund to pay certain principal and interest on the original bonds. He indicated the original bonds were in default and in order to alleviate the financial deficiencies it was necessary to refinance. Kevin Butler, attorney representing Brethren Care, spoke in favor of this bill. Council Member McGann made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 70 -83 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED TAX ABATEMENT PROCEDURES. 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 Taylor made the presentation for the bill. He indicated a substitute bill had been filed with the City Clerk. Council Member Beck made a motion to accept the substitute bill, seconded by Council Member Harris. The motion carried. Council Member Taylor indicated that due to a change in State law, the Council was mandated to change our tax abatement procedure. He indicated that through a series of Committee meetings the original bill has been streamlined; such as, eliminating Area Plan and the Redevelopment Commissi however, the Redevlopment staff has been retained to handle the process. Council Member Voorde indicated that the bill should be amended on page 4, paragraph (g) in order to grandfather personal property abatements. Kathy Cekanski- Farrand, Council attorney, indicated after the word "expire" the following should be added: "so that new improvements in the urban economic revitalization area are eligible for tax abatment only if said new improvements are substantially completed and certified within a three - -(3) year period commencing with the effective date of the declaratory resolution." Council Member Voorde made a motion to amend the bill, seconded by Council Member Beck. The motion carried. Council Member Voorde indicated he would like to further amend the bill. He made a motion to continue this bill until August 8, seconded by Council Member Harris. The motion failed. - Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. Council Member Beck made a motion to recess, seconded by Council Member McGann. The motion carried and the meeting was recessed at 8 :02 p.m., and reconvened at 8:30 p.m. BILL NO. 73 -83 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1984. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Joseph Kernan, City Controller, made the presentation for the bill. He indicated that 1984 salaries for union employees were established last year. He indicated that non -union employees were proposed at a 4% increase over the 1983 level. He indicated the positions of City Attorney, City Engineer, Superintendent of Parks, Redevelopment Director and City Controller will receive no increase. He indicated that several other positions are proposed to have additional adjustments for 1984 in order to correct disparities, these positions include: chief inspector and inspection II in Neighborhood Code Enforcement; director of museums, senior curator, theatre director, assistant City attorney; personnel coordinator; front -line supervisors of union personnel, manager of the Bureau of Waste - Water, Manager of the Bureau of Sanitation and several positions in Community Devlopment. He indicated that because Community Development is on the same fiscal year their salary ordinance has been incorporated into this bill. He indicated that total salaries are now shown for each position eliminating the confusion of footnotes on multi- funded positions. Joseph Simeri, attorney for the School Crossing Guards, indicated this bill was going to provide a four percent increase for all non -union employees. He indicated the grossing guards were not getting the four percent increase. He indicated the Crossing Guards had enter into an agreement with the City two years ago, and the City was not honoring this contract. He asked the Council to vote no on this bill. Terry Miller, .on 1 1 I �J �d REGULAR MEETING JULY 25, 1983 president of the Century Center Board, indicated that hourly workers at Century Center should be treated the same as the other hourly workers in the City and should receive an 8.1 %. Council Member McGann made a motion to amend the bill on page 6 by striking crossing guard and crossing guard sub, and insert crossing guard III at a 1983 salary of $5,182, crossing guard II at a 1983 salary of $4,389, crossing guard I at a 1983 salary of $4,121, and leave the 1984 wage blank, seconded by Council Member Harris. The motion carried. Council Member Voorde made a motion to amend the bill on page 8, 1984 salary by increasing mechanic III maintence to $7.76, mechanic II maintenance to $7.33, mechanic I Maintenance to $7.05, and security guide to $6.17, seconded by Council Member Harris. The motion carried. Council Member Taylor made a motion to amend the bill on page 8, box office manager to reflect a 1982 salary of $500; 1983 salary of $543 and 1984 salary of $586, seconded by Council Member McGann. The motion carried. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member McGann. The motion carried. BILL NO. 74 -83 A BILL AMENDING THE 1983 SALARY ORDINANCE NO. 7080 -82 FIXING THE MAXIMUM SALARIES AND WAGES OF CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND FOR THE YEAR 1983. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Beck made a motion to accept two substitute bills on file with the City Clerk; one for century center and 74A -83 regarding the crossing guards, seconded by Council Member McGann. The motion carried. Terry Miller, President of the Century Center Board of Managers, made the presentation for the bill. He indicated that the Board of Managers had adopted a reorganization plan for Century Center. He indicated their goal was to increase marketing. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. Council Member McGann made a motion to strike Bill No. 74A, seconded by Council Member Taylor. The motion carried. BILL NO. 75 -83 A BILL TRANSFERRING $34,400.00 FROM THE 110.0 SALARIES & WAGES ACCOUNT TO THE 312.0 DATA PROCESSING ACCOUNT WITHIN THE POLICE DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Dan Thompson, Police Chief, made the presentation for the bill. He indicated they planned to purchase the necessary equipment to provide terminal linkage from the four police sector substations to the host computer at the main station. He indicated they also planned to purchase three additional computer terminals. Council Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Harris. The motion carried. BILL NO. 77 -83 A BILL APPROPRIATING $110,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE ECONOMIC DEVELOPMENT CAPITAL FUND 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. Council Member Beck made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Taylor. The motion carried. Jon Hunt, Director of Development, made the presentation for the bill. He indicated the 1981 Community Development program included a Commercial Rehab Revolving Loan Fund activity designed to provide higher -risk loans to commercial businesses or commercial development projects for building rehabilitatins. He indicated that City had enter into a grant agreement with Southold for $210,000 from the fund to move and rehabilitate the General Micro Computer building. He indicated this appropriation would go to the Economic Development Capital Fund to be used within the guidelines of that program. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member McGann. The motion carried. There being no further business to come before the Commitee of the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member McGann. The motion carried. ATTEST: ATTEST: 4ChCity Clerk rman REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 9:15 p.m. Council President Beck presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 7222 -83, AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $7,800,000 ECONOMIC DEVELOPMENT REVENUE NOTES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO BRETHREN CARE OF SOUTH BEND, INC., IN ORDER TO FINANCE CERTAIN COSTS OF ACQUISITION AND CONSTRUCTION OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES; AUTHORIZING EXECUTION OF A LOAN AGREEMENT; PROVIDING FOR THE DELIVERY OF A PROMISSORY NOTE AND THE ASSIGNMENT THEREOF AS SECURITY FOR SAID NOTES; AND AUTHORIZING AN INDENTURE OF TRUST. td 0 'R REGULAR MEETING JULY 25, 1983 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 McGann. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member McGann. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7223 -83 AN ORDINANCE APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING THE RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE PARK CENTER ASSOCIATES PROJECT. 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 eight ayes. ORDINANCE NO. 7224 -83 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 ARTICLE 6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED TAX ABATEMENT PROCEDURES. 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 McGann. The bill passed by a roll call vote of seven ayes and one nay (Council Member Voorde.) ORDINANCE NO. 7225 -83 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE.CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1984. This bill had second reading. Council Member McGann made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member McGann made a motion to pass the bill, as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7226 -83 AN ORDINANCE AMENDING THE 1983 SALARY ORDINANCE NO. 7080 -82 FIXING THE MAXIMUM SALARIES AND WAGES OF CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND FOR THE YEAR 1983. 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 Voorde. The motion carried. Council Member Serge made a motion to pass the bill, as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes.; ORDINANCE NO. 7227 -83 AN ORDINANCE TRANSFERRING $341,400.00 FROM THE 110.0 SALARIES & WAGES ACCOUNT TO THE 312.0 DATA PROCESSING ACCOUNT WITHIN THE POLICE DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member McGann made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of seven ayes and one nay (Council Member Voorde.) ORDINANCE NO. 7228 -83 AN ORDINANCE APPROPRIATING $210,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE ECONOMIC DEVELOPMENT CAPITAL FUND TO BE ADMINISTERED THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT. 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 McGann. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member McGann. The bill passed by a roll call vote of seven ayes and one nay (Council Voorde.) RESOLUTIONS RESOLUTION NO. 1082 -83 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS SOUTH BEND FORGE INCORPORATED, 2930 FOUNDATION DRIVE, SOUTH BEND, INDIANA, 46628, TO BE AN ECONOMIC REVITALIZATI AREA FOR THEPURPOSE OF TAX ABATEMENT. WHEREAS, the Common Council of the City of South Bend has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purposes of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2930 Foundation Drive, South Bend, and more particularly described by a line drawn as follows: REGULAR MEETING ,5-�a 3 Part of the North Half of Section 28, Township 38 North, Range 2 East, Second Principal Meridian, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at the East Quarter corner of said Section 28; thence south 89058145" West along the South line of the Northeast Quarter of said Section'28, 2314.41 feet; thence North 0000147" East 120.00 feet to the North boundary of Boland Drive, also being the point of beginning; thence North 89000147" East 120.00 to the north boundary of Boland Drive, also being the point of beginning; thence North 59058'56 "West along said North boundary 447.83 feet; thence North 45000109" West 14.14 feet to the East boundary of Foundation Drive; thence North 0000147" East along said East boundary 747.96 feet; thence North 89044'14" East 458.26 feet; thence South 0001141" West 759.90 feet to the point of beginning, containing 7.979 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 Council held a public hearing for the purposes of hearing all remonstr and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization are have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory resolution by the Common Council. SECTION I. 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. Council Member Taylor indicated this was a reaffirmation of a declaratory resolution passed by the Council at the last meeting. Council Member Serge made a motion to adopt this resolution, seconded by Council Member McGann. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1083 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE MONROE SAMPLE DEVELOPMENT PLAN, AS AMENDED, AND FURTHER AMENDING THE DEVELOPMENT PLAN. WHEREAS, the City of South Bend Redevelopment Commission ( "Commission "), pursuant to the Redevelopment of Cities and Towns Act of 1953, as amended (36 -7 -14) (the "Act "), has conducted surveys and investigations and has thoroughly studied the area in the City of South Bend, County of St. Joseph, State of Indiana, and designated the area as the "Monroe Sample Development Area" (the "Area "), which Area is more particularly described as follows: A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: Beginning at the intersection of the centerlines of Michigan Street and Monroe Street in said City; thence East, along said Monroe Street centerline, to the centerline of Lincolnway East; thence Southeasterly along said centerline to its intersection with the centerline of State road 23; thence Southwesterly and Westerly along said centerline (being, in part, also known as the centerline of Sample Street) to its intersection with the centerline of Michigan Street; thence North along said centerline to the place of beinning. WHEREAS, the Commission has made detailed studies of the location, physical condition of structures, land use, environmental influences, and the economic conditions of the Area and has determined that the Area is a blighted area and that it constitutes a menace to the social and economic interests of the City of South Bend and its inhabitant: and it would be of public utility and benefit to acquire real estate in such Area and redevelop the Area under the provisions of the Act; and WHEREAS, the Commission approved a Development Plan adopted by Declaratory Resolution No. 633, adopted on February 2, 1981 and amended by Resolution No. 636 adopted on April 16, 1981 and Resolution No. 648 adopted on November 24, 1981, entitled "Monroe - Sample Development Area, Development Plan, South Bend, Indiana ", consisting of 21 pages (the "Development Plan "), which has been submitted to the Common Council for review and approval; and WHEREAS, the Commission has adopted its Declaratory Resolution No. 682 on June 27, 1983, declaring the area to be blighted and further amending the Development Plan by adding a parcel to the acquisition list and,making certain changes in the Design Review Committee; and .5'0 �z REGULAR MEETING JULY 25, 1983 WHEREAS, the Area Plan Commission of St. Joseph County, Indiana, which is the duly designated and acting official planning body for the City of South Bend, has issued its written order approving said Declaratory Resolution and the Development Plan, as amended, and has certified that said Development Plan, as amended, conforms to the master plan of development for the City of South Bend; and WHEREAS, the Common Council is cognizant of the conditions that are imposed under Title VI of the civil Rights Act of 1964, as amended, proving that no person shall, on the grounds of race, age, sex, color, religion,.or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discriminat in the undertaking and carrying out of any federally- assisted projects. 5. That it is hereby found and determined that the Development Plan, as amended, for the Area gives due consideration to the provisions of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvements, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the Area. 6. That the Declaratory Resolution of the Commission and the Development Plan, as amended, are hereby in all respects approved. 7. That, in order to implement and facilitate the Development Plan hereby approved, it "is found and determined that certain official action must be taken by the City of South Bend with reference, among other things, to changes in zoning, vacation and removal of streets, alleys and other public ways, the relocation of sewer and water mains and other public facilities, and other public actions, and accordingly, the Common Council hereby (2) pledges its cooperation in helping to carry out such Development Plan; (b) requests the various officials, departments, boards, and agencies of the Ciy of South Bend having administrative responsibilities to likewise cooperate to such end to exercise their respective functions and powers in a manner consistent with the Development Plan; and (c) stands ready to reconsider and take appropriate action upon proposals and measures designed to effectuate the Development Plan, as amended. 8. That the United States of America be, and hereby is assured of full compliance by the City of South Bend with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the regulations of the Department of Housing and Urban Development effectuating that Title 9. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Raymond C. Zielinski Member of the Common Council A public hearing was held on the resolution at this time. Jon Hunt, Director of Redevelopment, indicated it was necessary to amend the development to add a parcel of land to the acquisition list. He indicated they were also revising the Design Review Committee and it will consist of five member core group with two additional members from the development area. 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 eight ayes. BILLS, FIRST READING BILL NO. 80 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MAIN STREET FROM THE SOUTH RIGHT -OF -WAY LINE OF BARTLETT EXTENDED SOUTH TO THE NORTH RIGHT-OF-WAY LINE OF NAVARRE STREET EXTENDED FOR A DISTANCE OF 584 FEET PLUS OR MINUS, ALL BEING IN REYNOLDS ADDITION, BARTLETTS 1ST AND THE ORIGINAL PLAT OF SOUTH BEND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading August 8, and refer it to the Zoning and Vacation Committee, seconded by Council Member Zielinski. The motion carried. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: 1. That it is hereby found and determined that the Area is a blighted area and qualifies as an eligible project area under the Act. 2. That it is hereby found and determined that the objectives of the Development Plan, as amended, cannot be achieved through more extensive rehabilitation of the Area. 3. That it is hereby found and determined that the Development Plan, as amended, for the.Area conforms to the master plan of development for the City of South Bend. 4. That it is hereby found and determined that the Development Plan, as amended, for the Area will afford maximum opportunity, consistent with the sound needs of the City of South Bend as a whole, for the redevelopment of the Area by private enterprise is concert with the Department. 5. That it is hereby found and determined that the Development Plan, as amended, for the Area gives due consideration to the provisions of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvements, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the Area. 6. That the Declaratory Resolution of the Commission and the Development Plan, as amended, are hereby in all respects approved. 7. That, in order to implement and facilitate the Development Plan hereby approved, it "is found and determined that certain official action must be taken by the City of South Bend with reference, among other things, to changes in zoning, vacation and removal of streets, alleys and other public ways, the relocation of sewer and water mains and other public facilities, and other public actions, and accordingly, the Common Council hereby (2) pledges its cooperation in helping to carry out such Development Plan; (b) requests the various officials, departments, boards, and agencies of the Ciy of South Bend having administrative responsibilities to likewise cooperate to such end to exercise their respective functions and powers in a manner consistent with the Development Plan; and (c) stands ready to reconsider and take appropriate action upon proposals and measures designed to effectuate the Development Plan, as amended. 8. That the United States of America be, and hereby is assured of full compliance by the City of South Bend with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the regulations of the Department of Housing and Urban Development effectuating that Title 9. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Raymond C. Zielinski Member of the Common Council A public hearing was held on the resolution at this time. Jon Hunt, Director of Redevelopment, indicated it was necessary to amend the development to add a parcel of land to the acquisition list. He indicated they were also revising the Design Review Committee and it will consist of five member core group with two additional members from the development area. 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 eight ayes. BILLS, FIRST READING BILL NO. 80 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MAIN STREET FROM THE SOUTH RIGHT -OF -WAY LINE OF BARTLETT EXTENDED SOUTH TO THE NORTH RIGHT-OF-WAY LINE OF NAVARRE STREET EXTENDED FOR A DISTANCE OF 584 FEET PLUS OR MINUS, ALL BEING IN REYNOLDS ADDITION, BARTLETTS 1ST AND THE ORIGINAL PLAT OF SOUTH BEND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading August 8, and refer it to the Zoning and Vacation Committee, seconded by Council Member Zielinski. The motion carried. REGULAR MEETING JULY 25, 1983 BILL NO. 81 -83 A BILL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY IN ORDER TO PROVIDE FUNDS FOR PAYMENT OF JUDGMENTS AGAINST THE CITY. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading August 8, and refer it to the Personnel and Finance Committee, seconded by Council Member McGann. The motion carried. BILL NO. 82 -83 A BILL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF ONE HUNDRED FIFTY FIVE THOUSAND DOLLARS ($155,000.00) FOR PAYMENT OF JUDGMENTS AGAINST THE CITY. This bill had first reading. Council Member McGann made a motion to set this bill for public hearing and second reading August 8, and refer it to the Personnel and Finance Committe, seconded by Council Member Taylor. The motion carried. UNFINISHED BUSINESS Council Member McGann made a motion to set Bill No. 42 -83 for public hearing and second reading August 8, seconded by Council Member Taylor. The motion carried. Council Member McGann made a motion to set Bill No. 43 -83 for public hearing and second reading August 8, seconded by Council Member Taylor. The motion Carried. BILL NO. 52 -83 A BILL AMENDING CHAPTER 21 BEING ORDINANCE NO. 4990 -68, AS AMENDED. Council Member Zielinski made a moton to strike this bill, seconded by Council Member Taylor. The motion carried. 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 was adjourned at 9:30 p.m. ATTEST: City Clerk APPROVED: resident