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HomeMy WebLinkAbout07-10-95 Council Meeting MinutesREGULAR MEETING JULY 10, 1995 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 10, 1995, 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, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, and Ladewski 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 June 26, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Eugene Ladewski /s/ Lee Slavinskas Council Member Coleman made a motion that the minutes of the June 26, meeting be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Council Member Zakrzewski reported that Dr. Carol Ecker had been reappointed to the Animal Control Commission. Council Member Kelly made a motion to resolve into the Committee of the Whole, seconded by Council Member Puzzello. 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 7:06 p.m. with nine members present. Chairman Washington presiding. BILL NO. 20 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH - SOUTH ALLEY WEST OF SOUTH FRANKLIN STREET ON WEST INDIANA, AND A PORTION OF THE EAST -WEST ALLEY PARALLEL TO WEST INDIANA AVENUE CONTINUING WEST THEREFROM 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 Kelly made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Slavinskas. The motion carried. Council Member Puzzello reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Eugenia Swartz, attorney, made the presentation for the bill. She indicated the petitioner, Keener Printing, was requesting the vacation of this alley in order to expand their operation at 411 Indiana Avenue. She indicated this alley is extremely narrow, and it is difficult for any large vehicles to use the alley. She indicated this vacation will not hinder access for adjacent property owners. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 30 -95 A BILL AMENDING CHAPTER 21, ARTICLE 6.5, SECTION 21.117.2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA CONCERNING THE POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION 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 Kelly made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Duda. The motion carried. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Andy Nevin, Area Plan, reported that this was a Council initiated petition to amend the zoning ordinance. He indicated this bill will permit the Historic Preservation Commission to dispense with public hearings after introduction to the Common Council of an ordinance creating a new district or landmark, or repealing or amending a district or landmark, if the Commission has conducted a public hearing prior to introduction to the Council. He indicated the Area Plan Commission recommended this to the Council favorable. David Duvall, director of Historic Preservation, made the presentation for the bill. He indicated that the purpose of the bill was to dispense with the necessity of a second public hearing before the Historic Preservation Commission. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 26 -95 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING ZONING REGULATIONS ADDRESSING GAMBLING GAMES AND RELATED ACTIVITIES 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 Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Andy Nevin, Area Plan, reported that this was a Council initiated petition to amend the zoning ordinance. He indicated this bill would regulate the location of gambling games and related activities. He indicated it defines the terms approved hotel, casino and gambling game and establishes these as a controlled use. He indicated the Area Plan Commission recommended this bill to the Council favorable. Council Member Kelly made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Duda. The motion carried. Council Member Luecke made the presentation for the bill. He indicated the Council recently passed a bill regulating off -track betting parlors, and this bill is an extension of that ordinance. He indicated that zoning regulations for this type of activities was in the best interest of the City. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Duda. The motion carried. ATTEST: ATTEST: City Clerk Chairman 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 7:20 p.m. Council President Ladewski presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8606 -95 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF S. FRANKLIN STREET FROM THE NORTH RIGHT -OF -WAY LINE OF W. INDIANA AVE., NORTH FOR A DISTANCE OF APPROXIMATELY 121.64 FEET AND A WIDTH OF APPROXIMATELY 14 FEET THENCE NORTHWESTERLY AND PARALLEL TO THE PENN CENTRAL RAIL ROAD RIGHT -OF -WAY FOR A DISTANCE OF APPROXIMATELY 63 FEET AND A WIDTH OF APPROXIMATELY 14 FEET, PART SITUATED IN STULL'S FOURTH ADDITION TO THE CITY OF SOUTH BEND. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Slavinskas. The motion carried. Council Member Coleman 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. 8607 -95 AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 6.5, SECTION 21.117.2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA CONCERNING THE POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The motion carried. Council Member Zakrzewski 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. 8608 -95 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING ZONING REGULATIONS ADDRESSING GAMBLING GAMES AND RELATED ACTIVITIES This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The motion carried. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2266 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING AND APPROVING A HISTORIC PRESERVATION PLAN. WHEREAS, in 1985 there was submitted to the Common Council of the City of South Bend, Indiana, a Preservation Plan for the City of South Bend which had been adopted by the Historic Preservation Commission of South Bend, St. Joseph County (HPC) in late 1984; and WHEREAS, the Historic Preservation Plan for the City of South Bend was revised and expanded in 1995 to include the 1993 Historic Sites and Structures Survey's City of South Bend Summary Report (1993) identifying and rating structures within the City according to their architectural interest and integrity, which 1993 Survey Summary Report has been submitted to the Common Council; and WHEREAS, the Area Plan Commission maintains maps which delineate the boundaries of all presently existent Local Historic Districts and which shall be expanded to include the identification of all local landmarks which are presently identified in maps contained within the Indiana Historic Sites and Structures Survey's City of South Bend Summary Report (1993). NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That the Common Council of the City of South Bend shall and hereby does now establish and adopt the Historic Preservation Plan of 1985; the Indiana Historic Sites and Structures Survey's City of South Bend Summary Report (1993) and the maps maintained by the Area Plan Commission delineating the boundaries of all Local Historic Districts, in compendium, as the Historic Preservation Plan for the City of South Bend as set forth in the South Bend Municipal Code, Section 21 -1(61) and 21- 117.2(g). Section II. This Resolution shall be in full force and effect upon its adoption by the Common Council and approval by the Mayor, and upon such adoption, it shall be deemed to have been in effect from the date the Common Council first approved a historic landmark within the City of South Bend. /s/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. John Oxian, President of the Historic Preservation Commission, made the presentation for the resolution. He indicated this Preservation Plan is all encompassing of all procedures of the Commission. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2267 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2811 N. VIRIDIAN DR., SOUTH BEND, IN 46628 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CONTAINER SERVICE CORPORATION 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 2811 N. Viridian, South Bend IN, and which is particularly described as follows: PT SE SEC 28 -38 -2E 1582.51' W NE Cor S 375W 709.63' N 375" E 711.9" TO POB 6.12 with said real estate having the following Key Nos. 25 1010 0400226, 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 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 Personal 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. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. 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 /Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. David Harrison, president, made the presentation for the resolution. He indicated they planned to purchase new equipment, which will enable them to be competitive. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2268 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3234 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR BUSINESS SYSTEMS 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 3234 Nimtz Parkway, and which is particularly described as follows: Being a replat of lots 5A and 6 Bendix Park Minor Subdivision and part of the northeast quarter of Section 28T 38N R2E, German Township, City of South Bend, St. Joseph County Indiana with said real estate having the following Key No. 25- 1010 - 040501 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. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. 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 /Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Richard Tucker, vice present of Business Systems, made the presentation for the bill. He indicated they plan to build a facility on Nimtz Parkway, and they were moving back to South Bend. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2269 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3300 W. SAMPLE BLVD., AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR EMTECH CORPORATION WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3300 Sample, and which is more particularly described as follows: Parcel I: A tract of land in the Northeast Quarter of the Northeast Quarter of Section 16, Township 37 North, Range 2 East, bounded by a line running as follows, viz: Beginning at a point 338 feet East of the Northeast corner of the Northeast Quarter of said Section 16 a distance of 657.7 feet; thence South 900.6 feet; thence West 657.1 feet; thence north 900.6 feet to the place of beginning. Subject also to a right of way of the New Jersey Indiana & Illinois Railroad Company, as conveyed to it by Warranty Deed dated February 11, 1930, recorded in Deed Record 227, page 293 in the County Recorder's Office of St. Joseph County, Indiana. Parcel II. A certain tract of land in Belleville Industrial District, in Section 16, Township 37 North, Range 2 East, described as follows: Beginning at the intersection of the center line of the New Jersey, Indiana & Illinois Railroad Spur and the North line of proposed Industrial Avenue, said intersection point being 900.6 feet South and 1329.87 feet East of the Northwest corner of the Northeast Quarter of Section 16, Township 37 North, Range 2 East, thence East along the North line of proposed Industrial Avenue if extended East 664.5 feet; thence South parallel with the West line of the Northeast Quarter of said Section 16, 311.5 feet tot he center line of said New Jersey, Indiana & Illinois Railroad company's Spur line running in a Southwesterly and Northwesterly direction; thence Southwesterly and Northwesterly along the center line of said spur line 1096.5 feet to the place of beginning, excepting therefrom all railroad right -of -ways within said tract; and also excepting therefrom a tract of land described as beginning at a point 9 feet East of and 900.6 feet south of the Northwest corner of the Northeast Quarter of the Northeast Quarter of Section 16, Township and Range aforesaid; thence running East parallel with and 900.6 feet South of the North line of said Section 16 a distance of 329 feet; thence south parallel with and 338 feet East of the West line of the Northeast Quarter of the Northeast quarter of said Section 16, a distance of 38 feet; thence West parallel with and 938.6 feet South of the North line of said Section 16 a distance of 329 feet; thence North parallel with and 9 feet East of the West line of the Northeast Quarter of the Northeast Quarter of said Section 16 a distance of 38 feet to the place of beginning. and this property has Key Numbers 18 8112 4211 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et seq., and South Bend Municipal Code Section 2 -76 et seq.; and WHEREAS, the Department of Economic Development 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 South Bend Municipal Code Sections 2 -76 et seg. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; 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. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3- 1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Gregg Mee, President of Emtech, made the presentation for the resolution. He indicated they planned to purchase equipment at a cost of approximately $315,000, and the total project would be in excess of $550,000. He indicated with this expansion they will be able to increase employment. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2270 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1915, 1921, 1933 AND 1939 N. OLIVE STREET A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR GREATER SOUTH BEND DEVELOPMENT COMPANY. WHEREAS, a petition for real property tax abatement has been file with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 1915, 1921, 1933 and 1939 N. Olive Street, South Bend, Indiana, and which is more particularly described as follows: Lot 586 Vernon Heights Addition Lot 587 Vernon Heights Addition Lot 590 Vernon Heights Addition Lot 591 Vernon Heights Addition and which has Key Numbers 18- 2096 -3620, 18- 2096 -3624, 18- 2096 -3633 and 18- 2096 -3637, respectively, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indian a Code 6 -1.1- 12.1 -1, et seq., for tax abatement. A. That the description of the proposed redevelopment meets the applicable standards for such development; B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3 SECTION III. described rei the Statement Property Tax prescribed by granted under The Common Council hereby ievelopment can be reasonably of Benefits set forth as Sec Abatement Consideration and the State Board of Accounts Indiana Code 6 -1.1- 12.1 -3. determines and finds that the proposed expected to yield benefits identified in Lion I through II of the Petition for Real that the Statement of Benefits form are sufficient to justify the deduction SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION V. The designation as a Residentially Distressed Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby qualified for and is granted property tax d, SECTION VII. The Common Council directs adoption of this Declaratory Resolution published pursuant to Indiana Code 5 -3 -1 publication providing notice of the public proposed confirming of said declaration. determines that the property owner is sduction for a period of five (5) years. the City Clerk to cause notice of the for Real Property Tax Abatement to be and Indiana Code 6 -1.1- 12.1 -2.5, said hearing before the Common Council on the SECTION VIII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /S/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this resolution and recommended it to the Council favorable. Barry Adams, of Greater South Bend Development Co., made the presentation for the resolution. He indicated that prospective homeowners would receive grants to reduce their mortgages, thus helping people who never dreamed they could own their own homes. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 38 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH: TOM THOMPSON AND ED SMITH This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on August 14, and refer it to the Zoning and Annexation Committee, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS 4387 - ---- - -, - -� Council Member Coleman made a motion to set Bill No. 38 -95 for public hearing and third reading on July 24, and refer it to the Zoning and Annexation Committee, seconded by Council Member Zakrzewski. The motion carried. PRIVILEGE OF THE FLOOR Gene Oakley, 2614 York, spoke regarding his request for information on transfer of park property. He indicated some one, at a School Board meeting, said the City had transferred a part of Studebaker Golf Course to the School Corp. Council Member Coleman indicated the City had not transferred any part of the golf course. Dave Varner, 1306 Clayton Dr., spoke regarding the proposed "smut center ", that is being relocated to South Main Street. He indicated this type of business is not needed or wanted, nor the type of business that is drawn to a porno operation. He indicated they should leave this business where it is now. Ralph Johnson, 734 N. Cushing, spoke regarding other cities closing porno operations. Charles Barrington, 4125 Sampson, indicated that porno business has a harmful effect in neighborhoods. He indicated that this type of business is more invasive morally than a gun shop. A resident of 2608 S. Main, indicated the South Side Little League Park was not far from the location of the proposed porno shop. He said the City should take a stand against this and let them sue. Mike Edwards, 822 E. Irvington, porno book stores should not be any part of this community. He indicated it was a proven fact that crime follows this type of operation, as well as a decline in property values. Gene Oakley, 2614 York Road, indicated the City of Valparaiso enforced Community Standards in their downtown. There being no further business to come before the Council unfinished or new, Council Member Puzzello made a motion to adjourn, a seconded by Council Member Washington. The motion carried. The meeting was adjourned at 8:20 p.m. ATTEST: ATTEST: City Clerk Presid