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HomeMy WebLinkAbout07-22-96 Council Meeting MinutesREGULAR MEETING JULY 22, 1996 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 22, 1996, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Pfeifer, Kelly, Broden, Varner, Zakrzewski, Coleman Hosinski and Washington Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the July 8, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the July 8, 1996, meeting be accepted and placed on file, seconded by Council Member Hosinski. The motion carried. SPECIAL BUSINESS Council President Kelly announced that Rhoda Bradshaw was reappointed to the TRANSPO Board. RESOLUTION NO. 2387 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CENTRE TOWNSHIP (COPPERFIELD) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Centre Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 48.56 acres of land, developed with approximately 42 single family residences and 21 condominium unites, located in Centre Township, St. Joseph County, contiguous with the City of South Bend and generally located south of Jackson Road, east of Fellows Street, and north of Jackson Road. The development of the territory proposed to be annexed will require a basic level of municipal public services, which services shall include services of a non - capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed ai effective date of the annexat in a manner equivalent in sti capital services provided to boundaries of the City of Sot topography, patterns of land to that of the territory to Y capital improvement nature wi within three (3) years after in the same manner as those the corporate boundaries of t characteristics of topography population density similar to and in a manner consistent wi procedures, and planning crit the employees of other goveri eliminated by the proposed ax WHEREAS, the Board of P Bend, the Board of Public Sa the Board of Water Works Com have approved a written fisc the provision of services to plan and policy, as it relat the Common Council finds to ea within one (1) year after the ion, and that they will be provided ndard and scope to similar non - areas within the corporate th Bend, that have characteristic of use, and population density similar e annexed; (5) that services of a 11 be provided to the annexed area the effective date of the annexation ervices are provided to areas within he City of South Bend that have patterns of land use and that of the territory to be annexed th federal, state and local laws, eria; and (6) the plan for hiring mental entities whose jobs will be nexation;'and blic Works of the City of South ety of the City of South Bend, and issioners of the City of South Bend 1 plan and established a policy for the territory to be annexed which s to the territory to be annexed, e in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area p oposed to be annexed that the real property located in Centre T wnship, St. Joseph County, Indiana, described in Exhibit "A" att ched hereto and made a part hereof, be annexed to the City of So th Bend. Section II. That it sh established that it is the p furnish to said territory se as street and road maintenan within one (1) year of the e manner equivalent in standar by the City to other areas o of typography, patterns of 1 density similar to said terr territory services of a capi street construction, street . facilities, and storm water effective date of the annexa services are provided to are the City of South Bend that patterns of land use and pop the territory to be annexed Federal, State and local law 11 be and hereby is now declared and licy of the City of South Bend to vices of a non- capital nature, such e, police and fire protection, fective date of the annexation, in a and scope to the services furnished the City which have characteristics nd utilization and population tory; and to furnish to said al improvement nature, such as ighting, water facilities, sewer acilities, within three (3) of the ion, in the same manner as those s within the corporate boundaries of ave characteristics of topography, lation density similar to that of nd in a manner consistent with , procedures, and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This resol tion shall be in full force and effect upon its adoption by he Common Council and approval by the Mayor. A public hearing was held on Mariani, Planning and Develo] resolution. He indicated the acres in Centre Township, wh: indicated that City sewage ai and the majority of property , Common Council the resolution at this time. Marco ment, made the presentation for the s was an involuntary annexation 51.6 ch is contiguous to the City. He d water is available to the area, owners were receiving this service 1 1 u as well as solid waste pickup.{ - -He indicated the other City departments reported that the fiscal impact of this annexation will be minimal. William Houk, 19396 Waldon East, indicated people in the subdivision were forced to sign a annexation waiver before they could bet a building permit. He indicated they were told taxes were going up 62% if they were annexed, and a few days later the City raised taxes 10 %, which would cost him another $2,000 -a year for services that are not needed Joyce Boaler, 1606 Hillsdale, spoke against this annexation, indicating taxes in - Twyckenham Hills were a disgrace and the City police cannot do an adequate job now, so why take on more to do. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. REPORT OF CITY OFFICES Don Fozo, Building Superintendent, indicated that in six months the revenue generated from their department was $412,209, up $25,000 from '95. He indicated new housing starts rose 22 %, 55 new home permits in the City. He indicated the reserve balance at the present time of $92,000. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded seconded by Council Member Zakrzewski. 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 at 7:22 p.m. with nine members present. Chairman Washington presiding. BILL NO. 23 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH -; BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (COPPERFIELD ANNEXATION) 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 Varner reported that the Zoning and Annexation Committee had recommended this bill to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Luecke. The motion carried. Jon Hunt, Director of Community and Economic Development, made the presentation for the bill. He indicated this was an involuntary annexation, however, there is the addition of tax abatement which is now available under Indiana law. He indicated the abatement in the first year would allow a 75% abatement, the second year 50% and the third year 25 %. He indicated the City was proceeding with this annexation, since growth is necessary to its economic health. He indicated that while the people in this area live on the outside of the City, they enjoy the benefits of the employment, educational, medical and recreational facilities the City has to offer. He indicated that even areas that have economic development outside of a the city depend on the city for their continued economic growth. He indicated the City and suburban areas must work together if we are to have a viable county. Terry Trethewey, 19425 Waldon Ct. E, people in the county do pay to go to the ball park, etc. He said he would have to put his home for sale if their property is annexed. Bill Houk, 19396 Walton Ct. E, spoke against this bill. Dave Tetterall, 60214 Fellows, indicated he built his home by himself because of economic needs, and he could not afford to keep the home if he was annexed. Brian Johnston, 60059 Waldon Ct. S, indicated when they went for their building permit they had to sign an annexation waiver which was mandatory, however, he could not afford the house if they were annexed. Gary Pantzer, 60117 Waldon Ct.; Peter Kline 191 S.; John Kinsey, 19403 Wald S; Salvio Gardina, 19410 Wa Fellows, spoke against the made a motion to continue t hearing, seconded by Counci Darla Pantzer, 60117 Waldon Ct. S; Diane Gorman, 60038 Syril Kline, 19109 Johnson Cove; Joyce Boaler, 1606 Hi Timberline Trace; Sharon Ci 1922 E. Randolph; Ronda Bar against this annexation. J answer some of the question controller and city attorne answered the questions rega Council Member Varner made extended time, seconded by carried. Richard Nussbaum, it was decided we needed an indicated that in regard to provision that if an indivi sewage system the city is s the tie in occurs. Council recommend this bill to the seconded by Council Member BILL NO. 26 -96 A BILL TO VA THE FIRST EA FROM THE EAS DR., TO THE KELLER'S FOU ADJACENT TO DISTANCE OF 16 FEET. PA FOURTH ADDIT BEND. This being the time heretof above bill, proponents and be heard. Council Member V and Property Vacation Commi bill, due to the fact there Hammel, 506 E. Twyckenham, to vacate this property.in ] that would be effected was Corporation, he indicated h; their property will not be a motion to recommend this l seconded by Council Member i )9 Johnson; Steven Tarr, 60151 Park )n Ct.; Chris Bowman, 60070 Waldon Ct. Ldon Ct. E; and John Lyczynski, 60236 annexation. Council Member Zakrzewski ie opponent portion of the public L Member Varner. The motion carried. Ct. S., Sue Brummley, 60111 Waldon yellows; Todd Garner, 1625 Crestwood; td; Elizabeth Hurley, 19243 Eagle Llsdale; Barry Baumbaugh, 2032 :howicz, 60254 Fellows; Ken Kerpinski, :ett, 60120 Waldon Court S; spoke )n Hunt indicated he would attempt to s that were raised with the help of ►. Kevin Horton, City Controller, :ding the tax rate in South Bend. i motion to allow the presenters :ouncil Member Luecke. The motion City Attorney, indicated that in 1989 aggressive annexation program. He the waiver of annexation, there is a Lual is going to tie into a city's ipposed to have a signed waiver before Member Luecke made a motion to :ouncil favorable, as amended, :oleman. The motion carried. ATE THE FOLLOWING DESCRIBED PROPERTY: ST-WEST ALLEY SOUTH OF SUNNYMEDE AVE., RIGHT -OF -WAY LINE OF S. TWYCKENHAM PROPERTY OF LOT 873, WHITCOMB AND TH ADDITION TO SUNNYMEDE, RUNNING RAND TRUNK WESTERN RAILWAY FOR A PPROXIMATELY 164 FEET AND A WIDTH OF T SITUATED IN WHITCOMB AND KELLER'S ON TO SUNNYMEDE IN THE CITY OF SOUTH ire set for public hearing on the ,pponents were given an opportunity to ,rner reported that the Public Works tee had no recommendation on this was no quorum at the meeting. Kevin ndicated he had started the process ay, however, a part of the property wned by South Bend Community School s been worked out the School Corp and andlocked. Council Member Kelly made ill to the Council favorable, oleman. The motion carried. BILL NO. 46 -96 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 501 WEST COLFAX AVENUE, IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 90 -93 A BILL AMENDING CHAPTER 21, ARTICLE 6.5, SECTION 21 -117.2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED HISTORIC PRESERVATION COMMISSION Council Member Luecke made a motion to continue these bills until August 12, at the request of the petitioner, seconded by Member Coleman. The motion carried. BILL NO. 44 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE MUNICIPAL CODE TO PROVIDE FOR LICENSING OF POOL HALLS AND TO ADD ADULT BUSINESSES TO THE SCHEDULING CHART OF LICENSING FEE 1 1 1 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 Luecke reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Don Fozo, Building Superintendent, made the presentation for the bill. He indicated this bill would license and allow the City to have control over their activities, any current pool halls as well as any proposed pool halls. Jim Cierzniak, 1156 E. Victoria, asked about the definition of a pool hall, if it would involve a bar with one pool table, etc. Mr. Fozo indicated a pool hall would have four or more tables. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 48 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $265,675.00 FROM THE GENERAL FUND TO FUND UST REMOVAL AND EXPANSION OF THE MUNICIPAL SERVICES BUILDING 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 Luecke reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Carl Littrell, director of Engineering, made the presentation for the bill. He reported that this appropriation would be used for two projects: removal of the underground storage tanks at the City's Municipal Service Facility and expansion of the Equipment Services Building. He indicated the mechanical repair and maintenance on Fire Department equipment will now be done at the Municipal Services Building. Chief Taylor indicated the facility they are presently using is undersized and they would prefer to have firefighters doing our mechanical work, however, this change will allow two sworn firefighters to be transferred to active service. Council Member Zakrzewski indicated he was concerned civilians doing the maintenance on fire equipment. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 50 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 1997, 1998, 1999 AND 2000 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 Luecke reported that the Personnel and Finance Committee had met on this bill and had no recommendation. Kathleen Cekanski - Farrand, spokesperson for the City of South Bend's Negotiating Team, made the presentation for the bill. She indicated the City's Fire Department has a proud and rich history, and have made great progress in the services provided. She indicated this was a four year pact which creates new positions for fire truck drivers and paramedics at the rank of lieutenant, as well as speciality pay for extra deduce plan to defer up to $400 pay annually which the City will match with a $350 contribution; firefighters agreed to give up $200 from the clothing allowance so it could be added to the first -class firefighters' pay and boost retirees' pensions. She asked Steve Wieger and Leon Stein to come to the podium with the ratification vote. Steve Wieger, president of Local 362 indicated he felt the this was one of the better contract we have had in the last twelve years. He thanked the City administration, as well as the firefighters. Leon Stein, vice president of Local 362, indicated he felt there was more trust among those negotiating this year than in the past. Kathy Cekanski - Farrand announced that the firefighters had ratified by a seventy -one to twenty -four percent margin the wage agreement, and eighty -three to nine percent the working conditions. Council Member Kelly indicated being on the City's team was a learning experience that was very educational, for him. Council Member I firefighter's local for a Taylor thanked the firefig team. Joyce Boaler, 1606 Council Member Zakrzewski the Council favorable, sec motion carried. :cke thanked the members of the -eat negotiating session. Fire Chief :er's local and the City's negotiating .11sdale, spoke in favor of the bill. Lde a motion to recommend this bill to ided by Council Member Coleman. The Council Member Coleman made a motion to recess for two minutes, seconded by Council Member elly. The motion carried and the meeting was recessed at 10: 4 and reconvened at 10:08 p.m. BILL NO. 51 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, AITICLE 6, ENTITLED TAX ABATEMENT PROCEDURES OF THE SOUTH BEND MUNICIPAL CODE REPEALING ORDINANCE NO. 8668 -96 Council Member Coleman made a motion to continue public hearing on this bill until August 1 , seconded by Council Member Varner. The motion carried. BILL NO. 53 -96 A BILL AMENDING ORDINANCE NO. 8525 -94 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ADDRESS THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR THE CALENDAR YEAR 1997 This being the time heretof above bill, proponents and be heard. Council Member L and Personnel and Finance C recommended it to the Counc Attorney, indicated the ran Investigative Division corp indicated this was causing: determined by the Labor /Man adjustment should be made t asking for an additional $1 Joyce Boaler, 1615 Hillsdal, should be paid well. Counc, recommend this bill to the i Member Zakrzewski. The mot. BILL NO. 54 -96 ,re set for public hearing on the ,pponents were given an opportunity to ecke reported that the Public Safety mmittees had met on this bill and 1 favorable. Tom Bodnar, Deputy City of corporal was at the same rate as rals on the Police Department. He orale problems, therefore, it was gement Committee that an equitable the salary. He indicated they were. 050 for those affected positions. , indicated the police officers 1 Member Broden made a motion to ouncil favorable, seconded by Council on carried. A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DETERMINING THE AMOUNT OF ASSISTANCE TO BE PAID TO THE URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC., BY ZONE BUSINESSES RECEIVING A CREDIT UNDER I.C. 4 -4 -6.1 This being the time heretofc above bill, proponents and c be heard. Council Member Cc Economic Development Committ recommended it to the Counci assistant city attorney, mad indicated this bill implemen statute that provide the aut the percentage of assistance Enterprise Association by a process by which the Council non - compliance. Council Mem recommend this bill to the C, Member Coleman. The motion •e set for public hearing on the 1ponents were given an opportunity to eman reported that the Community and es had met on this bill and favorable. Jenny Manier, chief the presentation for the bill. She s the recent changes in State ority to the Council to determine paid annually to the Urban one business, and outlines the could disqualify a Zone business for er Pfeifer made a motion to uncil favorable, seconded by Council arried. Council Member Coleman made motion to combine public hearing on these two bills, seconded by Council Member Luecke. The motion carried. BILL NO. 55 -96 A BILL OF THE BEND AMENDING COMMON COUNCIL OF THE CITY OF SOUTH ARTICLE 9 OF CHAPTER 2 OF THE SOUTH 1 1 BILL NO. 56 -96 BEND MUNICIPALCODE, ENTITLED "HUMAN RIGHTS ORDINANCE" A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING SECTION 2- 128(1) OF ARTICLE 9 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "HUMAN RIGHTS ORDINANCE" This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Luecke reported that the Personnel and Finance Committee had met on these bills and recommended them to the Council favorable. Aladean DeRose, deputy city attorney, made the presentation for the bill. She indicated Bill No. 55 -96 would bring the Commission into compliance with both the EEOC and HUD, by not allowing employers to remove discrimination cases to circuit court. She indicated this bill would prohibit this from happening, except in housing discrimination cases. She indicated that Bill No. 56 -96, will bring the Commission's ordinance consistent with the Federal Housing Act in the limitations for filing a charge of discrimination. She reported that at the present time the Act allows one year, however, the Ordinance allows only six months. Council Member Luecke made a motion to recommend Bill No. 55 -56 to the Council favorable, seconded by Council Member Coleman. The motion carried. Council Member Zakrzewski made a motion to recommend Bill No. 56 -96 to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 57 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING THE COLLEGE FOOTBALL HALL OF FAME DEBT SERVICE FUND APPROPRIATING $108,122.66 FROM FUND 270 TO THE COLLEGE FOOTBALL HALL OF FAME DEBT SERVICE FUND APPROPRIATING $524,416.00 FROM THE COLLEGE FOOTBALL HALL OF FAME DEBT SERVICE FUND AND APPROPRIATING $597,170.00 FROM FUND 318 ALL RELATING TO LEASE PAYMENT OBLIGATIONS OF THE COLLEGE FOOTBALL HALL OF FAME AND CENTURY CENTER This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Luecke reported that the Personnel and Finance Committee had met on these bills and recommended them to the Council favorable. Kevin Horton, Controller, made the presentation for the bill. He indicated this bill establishes the mechanism by which the City may receive monies on behalf of the College Football Hall of Fame, as well as disburse these receipts to the Trustee for payment on the bond. He reported that the bill establishes a new fund and appropriates moneys into that fund for the purpose of making lease payment, as well as appropriates moneys into Fund 318 for purposes of making lease payments on the Century Center Fund. Jim Cierzniak, 1156 E. Victoria, indicated he was in favor of this particular fund being established. Joyce Boaler, 1615 Hillsdale, spoke against the Hall of Fame. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTE T: ATTEST: ity rk Chairman REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Coun the County -City Building at presiding, and nine members BILLS, THIRD READING ORDINANCE NO. 8692 -96 ANI CE This bill had third reading to amend this bill, as amen seconded by Council Member Council Member Luecke made seconded by Council Member call vote of eight ayes and ORDINANCE NO. 8693 -96 AN DR WH SU TR' FE :il Chambers on the fourth floor of 10:40 p.m. Council President Kelly present. ORDINANCE OF THE COMMON COUNCIL OF CITY OF SOUTH BEND, INDIANA, JEXING TO THE CITY OF SOUTH BEND ,TAIN TERRITORY CONTIGUOUS THEREWITH :ATED IN CENTRE TOWNSHIP, ST. JOSEPH FNTY, INDIANA (COPPERFIELD ANNEXATION) Council Member Luecke made a motion ed in the Committee of the Whole, ashington. The motion carried. motion to pass the bill, as amended, oleman. The bill passed by a roll one nay (Council Member Zakrzewski.) ORDINANCE TO VACATE THE FOLLOWING CRIBED PROPERTY: THE FIRST EAST -WEST EY SOUTH OF SUNNYMEDE AVE., FROM THE T RIGHT -OF -WAY LINE OF S. TWYCKENHAM , TO THE PROPERTY OF LOT 873, TCOMB AND KELLER'S FOURTH ADDITION TO NYMEDE, RUNNING ADJACENT TO GRAND NK WESTERN RAILWAY FOR A DISTANCE OF ROXIMATELY 164 FEET AND A WIDTH OF 16 T. PART SITUATED IN WHITCOMB AND LER'S FOURTH ADDITION TO SUNNYMEDE IN CITY OF SOUTH BEND. This bill had third reading Council Member Coleman made a motion to pass this bill, s conded by Council Member Washington. The bill passed by a roll c 11 vote of nine ayes. ORDINANCE NO. 8694 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE MUNICIPAL CODE TO PROVIDE FOR LICENSING OF POOL HALLS AND TO ADD ADULT BUSINESSES TO THE SCHEDULING CHART OF LICENSING FEES This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote Of nine ayes. ORDINANCE NO. 8695 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $265,675.00 FROM THE GENERAL FUND TO FUND UST REMOVAL AND EX ANSION OF THE MUNICIPAL SERVICES BUILDING This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of seven ayes and two nays (Council Members Zakrzewski and Washington.) ORDINANCE NO. 8696 -96 AN THE BEN 199 DRDINANCE OF THE COMMON COUNCIL OF CITY OF SOUTH BEND, INDIANA, FIXING ANNUAL PAY AND MONETARY FRINGE ]FITS OF FIREFIGHTERS OF THE SOUTH ) FIRE DEPARTMENT FOR CALENDAR YEARS 7, 1998, 1999 AND 2000 1 1 1 This bill had third reading. -; Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8697 -96 AN ORDINANCE AMENDING ORDINANCE NO. 8525 -94 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ADDRESS THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR THE CALENDAR YEAR 1997 This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8698 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DETERMINING THE AMOUNT OF ASSISTANCE TO BE PAID TO THE URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC., BY ZONE BUSINESSES RECEIVING A CREDIT UNDER I.C. 4 -4 -6.1 This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8699 -96 This bill had third motion to pass this The bill passed by AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ARTICLE 9 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "HUMAN RIGHTS ORDINANCE" reading. Council Member Pfeifer made a bill, seconded by Council Member Coleman. roll call vote of nine ayes. ORDINANCE NO. 8700 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING SECTION 2- 128(1) OF ARTICLE 9 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "HUMAN RIGHTS ORDINANCE" This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8701 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING THE COLLEGE FOOTBALL HALL OF FAME DEBT SERVICE FUND APPROPRIATING $108,122.66 FROM FUND 270 TO THE COLLEGE FOOTBALL HALL OF FAME DEBT SERVICE FUND APPROPRIATING $524,416.00 FROM THE COLLEGE FOOTBALL HALL OF FAME DEBT SERVICE FUND AND APPROPRIATING $597,170.00 FROM FUND 318 ALL RELATING TO LEASE PAYMENT OBLIGATIONS OF THE COLLEGE FOOTBALL HALL OF FAME AND CENTURY CENTER This bill had third reading. Council Member to pass this bill, seconded by Council Member passed by a roll call vote of nine ayes. RESOLUTIONS Luecke made a motion Broden. The bill RESOLUTION NO. 2388 -96 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA COMMON COUNCIL PROVIDING PRELIMINARY APPROVAL OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING FINANCING OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES LOCATED AT 4044 WILLIAM RICHARDSON COURT, SOUTH BEND, INDIANA RESOLVED, by the Commo Indiana (the City), as foll Whereas, the city is a supplemented and amended (t financing of economic devel financing to be used for th installation and equipping facilities to be either lea owned by another person; an Whereas, Crystal Mount the South Bend Economic Dev and the City that it propos economic development revenu financing by Rick E. Newman operation by the Applicant facilities consisting of th construction, installation development facilities cons square foot expansion to an including machinery and equ acres of land located at 40 Bend, Indiana 46628 (the Pr, the Lessor and the Applican equip the Project within th, Council of the City of South Bend, s: thorized by I.C. 36 -7 -11.9 and 12, as e act) to issue revenue bonds for the pment facilities, the funds from said acquisition, construction, f said facilities, and said ed to another person or directly Lin, Inc. (The Applicant), has advised !lopment Commission (the Commission) !s that the City issue and sell its bonds for the purpose of providing (the Lessor) for lease to and if certain economic development financing of the acquisition, nd equipping of certain economic sting of an approximately 12,000 existing 18,900 foot building, pment therein, on approximately 2.91 4 William Richardson Court, South ject), and the City wishes to induce to acquire, construct, install and City; and Whereas, it appears that the creation and retention of opportunities for gainful employment and the creation of business opportunities to be achieved by the Project will serve a public purpose and will be of benefit to the health and general welfare of the City; and Whereas, the Project will be owned by the Lessor and leased to and operated by the Applicant for use as an economic development facility; and Whereas, it appears that the Project will not have adverse competitive effect on any similar facility already constructed or operating in the City. Further resolved, by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common and confirms that the creat gainful employment and the be achieved by the Project will be of benefit to the h citizens of the City, and t. this Council take such acti diversification of industry and near said City. SECTION 2. The Common ratifies and conforms that t development revenue bonds of not to exceed $790,000 for t ouncil finds, determines, ratifies n and retention of opportunities for eation of business opportunities to the City of South Bend, Indiana lth and general welfare of the t it is in the public interest that as it lawfully may to encourage nd promotion of job opportunities in ouncil further finds determines, e issuance and sale of economic the City under the Act is an amount e Project and the loan of the 1 FJ 1 proceeds of the revenue bonds: to the Applicant will serve the public purposes referred to above, in accordance with the Act. SECTION 3. In order to induce the Applicant to proceed with the Project, the Common Council hereby finds, determines, ratifies and confirms that: (I) It will take or cause to be taken such actions pursuant to the Act as may be reasonably required to implement the aforesaid financing, or as it may deem reasonably appropriate in pursuance thereof, provided that all of the foregoing shall be mutually acceptable to the City and the Applicant; and (ii) It will adopt such ordinances and resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be reasonably necessary and advisable for the authorization, issuance and sale of said economic development bonds. SECTION 4. All costs of the Projects incurred for planning, engineering, interest paid during construction, underwriting expenses, attorney and bond counsel fees, acquisition, construction and equipping of the Project, including reimbursement or repayment to the Applicant of moneys expended prior to the adoption by the Common Council of this resolution will be permitted to be included as part of the Project costs to be financed out of the loan of the proceeds from the sale of the bonds to the extent permitted by the Act and applicable regulations promulgated under the Internal Revenue Code of 1986, as amended. SECTION 5. All action taken and approvals given by the City with regard to the Applicant, are based upon the evidence submitted and representations made by the applicant, its agents or counsel to the Commission and the City. No independent examination, appraisal or inspection of the Project was made, requested, or is contemplated by the City. SECTION 5. All actions taken and approvals given by the City with regard to the Applicant, are based upon the evidence submitted and representations made by the agents or counsel to the Commission and the City. No independent examination, appraisal or inspection of the Project was made, requested, or is contemplated by the City. SECTION 6. The City does not, by this or any other approval or finding, guarantee, warrant or even suggest that the bonds, coupons or series thereof will be a reasonable investment for any person, firm or corporation. SECTION 7. The City shall not be obligated, directly or indirectly, to see to the application or use of the proceeds from the sale of bonds or to see that the contemplated improvements, if any, are constructed. The City is in no way responsible to the holders of any bonds for any payment obligation created by the bonds. SECTION 8. The City does not warrant, guarantee or even suggest that interest to be paid to or income to be received from taxation by any local, state or federal government. SECTION 9. The bonds shall be special, limited obligations of the City payable solely from the funds provided therefor as described in the indenture authorizing the bonds, and shall not constitute an indebtedness of the Commission or the City or a loan of the credit thereof. SECTION 10. This resolution does not constitute a binding obligation of the Commission or the City of issue the bonds, but instead, is a commitment b fro the financing describe subject to the adoption of accordance with the provis SECTION 11. This r effect upon adoption and the City of proceed with negotiations herein with the Applicant and is bond ordinance by the City in ns of the Act. ution shall be in full force and pliance with I.C. 36 -4 -6 et seq. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution.at this time. Council Member Luecke made motion to amend this resolution in the title to change the address to 4044, seconded by Council Member Coleman. The motion carried. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the resolution. He indicated that the Commission was established in 1972, to helD to bring new life to the City. He indicated this inducement r solution was the first step to the issuance of these bonds for Crystal Mountain, Inc.; and the issuance of the bonds does iot obligate the City. He indicated the project qualifies for tie bonds. Council Member Coleman made a motion to adopt this reso ution, as amended, seconded by Council Member Hosinski. T e resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2389 -96 A A CE: BE: WE; TO F0: PRi TR: BSOLUTION CONFIRMING THE ADOPTION OF ECLARATORY RESOLUTION DESIGNATING TAIN AREAS WITHIN THE CITY OF SOUTH D, INDIANA, COMMONLY KNOWN AS 213 -215 T COLFAX AVENUE, SOUTH BEND, INDIANA, BE AN ECONOMIC REVITALIZATION AREA PURPOSES OF A FIVE (5) YEAR PERSONAL PERTY TAX ABATEMENT FOR SOUTH BEND BUNE CORP. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 213 & 225 West Colfax Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of Lots Numbered Two Hundred Twenty -six (226), Two Hundred Twenty -seven ( 27) and Two Hundred Twenty -eight (228) as shown on the Original Plat of the Town, now City of South Bend, as recordee in the records of St. Joseph County which is described as: Beginning at the Southwest corner of said Lot 228; thence North along the West line of Lots 226, 227 and 228 in said plat 198.00 feet to thE Northwest corner of said Lot 226; thence East along the North line of said Lot 226, 100.00 feet; thence South 139.90 feet; thence West 44.80 feet; thence south 8.0 feet; thence West 17.00 feet; thence South 50.10 feet to the North line of Colfax Avenue; thence West along said line and the South line of Lot 228, 38.20 feet to the point of beginning. Commonly known as 213 West Colfax. The east and west alley north of Colfax Avenue and south of LaSalle Avenue running east from Lafayette Boulevard for a distance of 166 feet to the west side of an alley running north and south between Colfax Avenue and LaSalle Avenue in the City of South Bend, Indiana and being that alley located between Lots 231 and 232 as shown on the recorded Plat of the Town, now City of S uth Bend, St. Joseph County, Indiana. PARCEL 1 A part of Lot Number 234'>in the Original Plat of the Town, now City of South Bend,`bounded by a line running as follows, viz: Beginning at the Northwest corner of said Lot, thence running east on the North line thereof 165 feet; thence South 50 feet; thence West on a line parallel with the North line of said lot to the West line of said Lot, 165 feet; thence North on said west line 50 feet to the place of beginning, being 50 feet front on North Lafayette Street by 165 feet deep along West Water Street (now LaSalle Street.) ALSO, a part of Lots 233 and 234 in the Original Plat of South Bend, bounded as follows: commencing 50 feet South of the Northwest corner of said Lot 234; thence South on the East line of Lafayette Street 62 feet, more or less; thence East 165 feet to the East line of said Lot 233; thence North 62 feet, more or less, to a point 50 feet South of the Northeast corner of said Lot 234; thence West to the place of beginning. Twenty -one (21) feet off the entire South side of Lot Numbered Two Hundred Thirty -thee (233) as shown on the Original Plat of the Town, now City of South Bend, in St. Joseph County, in the State of Indiana. Lot numbered Two Hundred Thirty -two (232) as shown on the Original Plat of the Town, now City of South Bend, Indiana. Parcel No. 1. Lot Numbered Two Hundred Twenty -Nine (229), Two Hundred Thirty (230) and Two Hundred Thirty -One (231) as shown on the Original Plat of the Town, now City of South Bend; Parcel No. 2. Lot Numbered Fifteen (15) as shown on the recorded Plat of Bulla and Patton's Addition to the City of South Bend. - Parcel No. 3. A parcel of land in the North half of Section 14, Township 37 North, Range 2 East in the City of South Bend, in the County of St. Joseph, in the State of Indiana, more particularly described as follows: Beginning at the intersection of North line of the south Bend, St. Joseph and Southern Railroad right -of -way with the Westerly line of Prairie Avenue; thence West along said North right -of -way line of railroad, 600.00 feet; thence North perpendicular to said North right -of -way line of railroad, 50.00 feet; conveyed to the Indiana Bell Telephone Company, Inc. by the Indiana National Bank of Indianapolis by virtue of a quit claim deed dated July 14, 1965, and recorded July 21, 1965, in Deed Record 665, Pages 463 -465, in the Office of the Recorder of St. Joseph County, Indiana; thence Southeasterly along the Southerly line of said Indiana Bell Telephone company, Inc. Tract of land, 383.18 feet to the Southeasterly corner of said Indiana Bell Telephone Company tract, also being the Westerly line of Prairie Avenue; thence Southwesterly along said Westerly line of Prairie Avenue, 53.25 feet to the place of beginning, and containing 1,89217 acres; with said real estate having the following Key Nos. 18 -1008- 029701 for 213 West Colfax Avenue and 18- 10120462, 18 -1012- -' 045401, 18- 1012 -0466, and 18- 1012 -0463 for 225 West Colfax Avenue, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code S 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has d an economic revitalization rmined that the qualifications for ea have been met; and WHEREAS, the Council issued a Confirming Resolution confirming the adoption of the Declara ory Resolution as Resolution No. 1935 -92 on April 28, 1992; nd WHEREAS, completion of the roject has exceeded the two (2) year period prescribed for the t x abatement by the original Declaratory Resolution and onfirmatory Resolution; and WHEREAS, the Petitioner has proceeded in good faith to complete the project and has provide those benefits which served as the basis for the original gran of abatement by the City; and WHEREAS, Petitioner has just recently been made aware of the date of completion of the project and not the date on the property is physically within the Economic Revitalization Area will determine the availability of tax abatement; and WHEREAS, the Petitioner has requested an additional period of time to complete installati n of the equipment. NOW, THEREFORE, BE IT RESOLD by the Common Council of the city of South Bend, Indiana, as follows: SECTION I. The Common Court Resolution and its Confirma described herein as an Econ purposes of property tax ab personal property tax abate: calendar years from the dat Resolution by the Common Co equipment installed within` Area on or before April 28, SECTION II. The Common Cou requirements of Indiana Cod necessary to give affect to the general scope of this w approves the amended Form S hereto as Exhibit A, and sp failure to submit said Stat Council before the installa in accordance with Indiana SECTION III. The Common Co property owner is qualified tax deductions for a period determines that the petitio: of the Municipal Code of th §6 -1.1- 12.1 -1 et seq. it hereby confirms its declaratory ory Resolution designating the area mic Revitalization Area for the tement. Such designation is for ent only and is limited to three (3) of adoption of the Confirmatory ncil, covering all new manufacturing he declared Economic revitalization 1995. cil hereby waives compliance with the S 6 -1.1- 12.1 =11.3, to the extent this Resolution. Without limiting iver, the Common Council hereby -1 Statement of Benefits attached cifically waives the Petitioner's ment of Benefits to the Common ion of new manufacturing equipment, ode S 6- 1.1- 11.3(a)(2). ncil hereby determines that the for and is granted personal property of five (5) years, and further complies with Chapter 2, Article 6, City of South Bend and Indiana Code 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. A public hearing was held or Council Member Coleman repor Development Committee had me it to the Council favorable. made the presentation for th April 28, 1992 the Council a construction of a new buildi Tribune. He indicated that construction and the install State Board of Tax Commissia portion of the machinery and installed and operational by of the Common Council the resolution at this time. .ed the Community and Economic on this resolution, and recommended Phillip Faccenda, Jr., attorney, resolution. He indicated that on proved a petition for the .g and equipment for the South Bend he Tribune proceeded with ,tion of the presses, however, the ers took the position that only the equipment that was completely April 28 qualified for personal 1 1 1 property tax abatement. He indicated State law permits designating bodies to grant relief to taxpayers under such circumstances and the Tribune clearly qualifies for relief. Todd Garner, 1625 Crestwood, spoke in favor of this abatement. David Ray, vice president of the Tribune, spoke in favor. Joyce Boaler, 1615 Hillsdale; Jim Cierzniak, 1156 E. Victoria; Barry Baumbaugh, 12032 Timberline Trace; spoke in favor of the resolution. Harry Bailey, 2222 Hollywood Pl., spoke against this abatement. He indicated he was speaking for the veterans in the Michiana area, who have asked for a flag to be printed on a veteran obit for several years and they were denied, and now with the paid obituaries they can have the flag for five more dollars. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2390 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4622 BURNETT DRIVE SOUTH, SOUTH BEND, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR JAMES A WATTS AND JUDITH WATTS D /B /A SM.OR.CASES, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4622 Burnett Drive South, South bend IN, and which is particularly described as follows: Lot Numbered Seven A (7A) as shown on the recorded plot of Burnett Industrial Park Replat, recorded July 10, 1990 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 9018191 with said real estate having the following Key No. 25- 1013 -0218 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. Pursuant to Section 2 -84 of the So Code entitled "Council's Authority to Enlarge Re Abatement General Standards ", the Council declar to its local guidelines in compliance that 1) th meets 86% of his square footage requirements for real property tax abatement and 2) that without would cause a financial difficulty with regard t Sou Bend Municipal al Property Tax es an exemption e petitioner a three (3) year tax abatement it o financing whereby the business could SECTION III. The property owner is deduction for a p, that the petition Municipal Code of 12.1 et sea. Common Cou qualified ariod of th complies w the City o go forward. acil hereby determines that the for and is granted Real property tax ree (3) years, and further determines ith Chapter 2, Article 6, of the f South Bend and Indiana Code 6 -1.1- SECTION IV. This Resolution shall be in full force and affect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Keller Member of the Common Council A public hearing was held on Schmanski, CPA, made the pre indicated the petition manuf, equipment, as well as other , reported that the project ca. addition, along with new equ. $158,000. Council Member Co. resolution, seconded by Coun resolution was adopted by a : BILLS, FIRST READING the resolution at this time. John sentation for the resolution. He actured cases for medical, electronic gases for promotional items, etc. He Lls for construction of a building ipment, with a total project cost of Leman made a motion to adopt this ail Member Washington. The roll call vote of nine ayes. ORDINANCE NO. 59 -96 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREETS AND ALLEYS TO BE VACATED ARE DESCRIBED AS E. MILTON ST. FROM THE EAST RIGHT-OF-WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT-OF-WAY LINE OF S. RUSH STREET; THE FIRST EA 3T-WEST ALLEY SOUTH OF E. MILTON ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO TIE WEST RIGHT -OF -WAY LINE OF S. RUSH ST.; E. ALVERT ST. FROM THE EAST RIGHT -OF- WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT - OF -WAY LINE OF S. RUSH ST.; THE FIRST EAST- WEST ALLEY SOUTH OF E. CALVERT ST. FROM THE EAST RIGHT-OF-WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST.; E. BOWMAN Sr. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLO S ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RU 3H ST.; THE FIRST NORTH -SOUTH ALLEY EAST OF 3. FELLOWS ST. FROM THE NORTH RIGHT - OF -WAY LINE OF E. CALVERT ST. TO THE SOUTH RIGHT-OF-WAY LINE OF E. MILTON, EXCLUDING THAT AREA WHICH INTERSECTS WITH THE EAST -WEST ALLEY; TIE FIRST NORTH -SOUTH ALLEY EAST OF S. FELLOWS 3T. FROM THE NORTH RIGHT -OF -WAY LINE OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. CALVERT ST., EXCLUDING THAT AREA WHICH IN ERSECTS WITH THE EAST -WEST ALLEY; AND S. RUSH ST. FROM THE SOUTH RIGHT -OF -WAY LINE OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF- WAY LINE OF THE FIRST EAST -WEST ALLEY NORTH OF E. MILTON ST. PARTS LOCATED IN STUDEBAK R'S SECOND AND THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA THE STRE CALVERT OF S. RU OF S. HI STUDEBAK THE CITY �T TO BE VACATED IS DESCRIBED AS E. ;T. FROM THE EAST RIGHT -OF -WAY LINE ;H ST. TO THE WEST RIGHT -OF -WAY LINE JH ST. PART LOCATED IN HENRY :R PARK AND SOUTH EAST ADDITION IN OF SOUTH BEND, INDIANA THE STREET-TO BE VACATED IS DESCRIBED AS S. MARIETTA FROM THE SOUTH RIGHT -OF -WAY LINE OF E. DAYTON ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. DAYTON FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF APPROXIMATELY 49.5 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH FELLOWS FROM THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. BOWMAN FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF S. FELLOWS FROM THE NORTH RIGHT -OF -WAY LINE OF E. MILTON ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING EAST -WEST ALLEY NORTH OF E. MILTON ST. FOR A DISTANCE OF APPROXIMATELY 120 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF E. DAYTON FROM THE WEST RIGHT -OF -WAY LINE OF S. MARIETTA TO THE EAST LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF S. RUSH ST. FOR A DISTANCE OF APPROXIMATELY 198 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on August 12, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill Nos. 49 -96, 21- 96, 38 -96, 43 -96, 45 -96 for public hearing and third reading on August 12, and refer them to the Zoning and Annexation Committee, seconded by Council Member Hosinski. The motion carried. Council Member Hosinski asked to have his vote changed on Bill No. 44 -96, since he had a conflict of interest, he asked to abstain. There being no unfinished or at 11:40 p.m. ATTEST: further business to come before the Council, new, Council President Kelly adjourned the meeting ATTEST: A � V , President