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HomeMy WebLinkAbout10-10-94 Council Meeting MinutesREGULAR MEETING OCTOBER 10. 1994 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, October 10, 1994, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Washington, Luecke, Kelly, Puzzello, Zakrzewski, Coleman, Duda, and Ladewski Absent: Council Member Slavinskas 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 September 26, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Ann Puzzello /s/ Eugene Ladewski Council Member Coleman made a motion that the minutes of the September 26, 1994, meeting be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. CITY REPORTS Mike Garbacz, Director of Golf, gave an update on the City courses. He indicated revenue was up on both Erskine and Studebaker courses. He indicated Elbel was about even with last year, and this due to flooding problems, which are being corrected. He indicated they have initiated two for one green fees for the months of October and November. RESOLUTIONS RESOLUTION NO. 2177 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 701 W. CHIPPEWA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR REDDI -PAC, 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 701 W. Chippewa, South Bend IN, and which is particularly described as follows: PARCEL 1: A tract of land in Section 23, Township 37 North, Range 2 East of the Second Principal Meridian in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Southwest corner of Section 23, Township 37 North, Range 2 East; thence along the South line of said Section 23 South 89 degrees 37' 05" East (the bearing of this course being assumed and all other bearings being derived therefrom) 2,649.08 feet to the Southwest corner of the Southeast quarter of said Section 23; thence continuing along the South line of said Southeast Quarter South 90 degrees 00' 00" East 178.42 feet to the Point of Beginning of this tract of land; thence North 0 degrees 27' 07" East 752.878 feet thence South 89 degrees 32' 53" east 576.63 feet; thence North 00 degrees 27' 07" East 1885.37 feet to the North line of the Southeast Quarter of said Section 23; thence South 89 degrees 36' 39" East 150.00 feet along the North line of said Southeast Quarter; thence North 0 degrees 23' 21" East 40.00 feet; thence South 89 degrees 36' 39" East parallel to the North line of said Southeast Quarter 80.00 feet; thence South 0 degrees 23' 21" West 40.00 feet to the North line of said Southeast Quarter; thence South 89 degrees 36' 39" East along said North line 1656.99 feet to the Northeast corner of said Southeast Quarter; thence South 0 degrees 23' 54" West 163.00 feet along the East line of Section 23; thence South 89 degrees 36' 06" East 17.10 feet to the Westerly right of way of the Conrail Railroad; thence along said right of way line 805.63 feet along a curve to the right having a radius of 5680.15 feet and subtended by a long chord having a bearing South 25 degrees 20' 34" West and a length of 804.95 feet; thence continuing on said right of way line South 29 degrees 17' 52" West 1983.97 feet to the South line of Section 23 and the centerline of Chippewa Avenue; thence 90 degrees 00' 00" West along said South line 1184.94 feet to the Point of Beginning. Containing 89.675 acres more or less. PARCEL II: A non - exclusive right -of -way and easement for the use, inspection, construction, installation, repair, maintenance, and replacement, of a 48 inch storm sewer for surface water run -off as it flows from the Main Plant (Parcel I), across, over and under "Plant 8" and the Remaining Property" (as defined in the Declaration of Easements, Covenants, and Conditions made as of September 20, 1984, by Amland Corporation and recorded in the Office of the Recorder of St. Joseph County, Indiana, as Document No. 8419846 into Bowman Creek. 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The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan ed by the City of South Bend. Section IV. Approval is subject to the Petitioner complying w i t h t h e onable conditions established by the Board of Zoning Appeals which are on file in office of the City Clerk. ion V. This Resolution shall be in full force and effect from and after its by the Common Council and approval by the Mayor. Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Washington reported that the Zoning and Annexation Committee had met on this resolution and recommended it to the Council favorable. Bob Nagle, Asst. Zoning Administrator, indicated that a hearing was held by the Board of Zoning Appeals on this exception, and it received a favorable recommendation. Mr. Robert Cole, a member of the Berean Seventh Day Adventist Church, made the presentation for the resolution. He indicated they have been working with the project manager for the downtown area, regarding this exception. He indicated they planned to put a parking lot in this location. He indicated the lot will be 32' from the sidewalk, properly screened and landscaped. 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 eight ayes. -94 A RESOLUTION DESIGNATING COMMONLY KNi SOUTH BEND, PURPOSES OF ELECTRONICS, OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND DWN AS 1701, 1801, 1818, AND 1819 S. MAIN STREET IN 46613 AN ECONOMIC REVITALIZATION AREA FOR PERSONAL PROPERTY TAX ABATEMENT FOR WELLS INC. EREAS, a petition for personal property tax abatement consideration has been filed th the Common Council of the City of South Bend, requesting that the area commonly own as 1701, 1801, 1818, & 1819 S. Main Street, South Bend, Indiana, and which is re particularly described as follows: NUMBER DESCRIPTION 18 8007 0370 LOT 7 & E 1/2 VAC ALLEY & S 1/2 VAC ALLEY ADJ J P CREEDS 2ND 18 8007 0371 LOTS 8- 9 -10 -11 & 1/2 VAC ALLEY CREEDS 234.65 FT OF TAX LOTS S 1577 FT NW ON NORTH LINE LOT 2 PEARLEY LUMBER CO ADD 18 8010 0446 LOT 14 & S 7' VAC ALLEY N & AD STOVER & WITWER ADD 18 8010 0443 LOT 15 & 1/2 VAC ALLEY E & A 1/2 VAC ALLEY N & ADJ STOVER & WITWER ADD 18 8009 043102 SO. 26.97' LOT 9 ALL LOT 10 & 7' VAC ALY S & ADJ PERLEY LUMBER CO 18 8008 037901 PARCEL OF GROUND IN SW 1/4 SEC 13 37 2E BEG ON SO LINE OF INDIANA AV & PENN CENTRAL RR RIGHTAWAY CONT 41,184' +- 18 8008 0382 SO FT ON W SIDE MAIN ST N & ADJ DAYTON ST 13 37 2E 18 8009 0422 LOTS 11 TO 18 INC & 1/2 VAC ALLEY S & ADJ TO LOT PERLEY LUMBER CO 18 8009 0413 LOT 19 LOT 20 & 1/2 VAC ALLEY PERLEY LBR CO ADD and this property has Key Number Listed above, be designated as an Economic REGULAR MEETING OCTOBER 10, 1994 Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et sec., and South Bend Municipal Code Sections 2 -76 et sue.; and WHEREAS, the Department of Economic Development has concluded prepared a report with information sufficient for the Common that the area qualifies as an Economic Revitalization Area unde 12.1 -1, et seg., and South Bend Municipal Code Sections 2 -76 et prepared maps and plats showing the boundaries and such other the area in question as required by law; and an investigation and Council to determine r Indiana Code 6-1.1 - see ., and has further information regarding WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommend 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 the type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonable 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 Statement 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 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 abatement and hereby makes such a designation. SECTION IV. The Common Council determines that the property owner is qualified 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 owners is qualified for and is granted property tax deduction for a period of five years (5) . 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 IX. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello 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 recommend it to the Council favorable. Rick Jones, Director of Finance, made the presentation for the resolution. He indicated they manufactured electronic components and accessories, a were planning to spend $3,000,000 to purchase machinery and tooling, in order to be competitive. He indicated they planned to maintain their present staff and add approxi- mately 10 new jobs. Council Member Kelly made a motion to adopt this resolution, second by Council Member Ladewski. The resolution was adopted bya roll call vote of nine ayes. RESOLUTION NO. 218& -94 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 3707 west lathrop STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR METRO BEVERAGES, INC. 5 REGULAR MEETING OCTOBER 10, 1994 WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 3707 West Lathrop Street, South Bend, Indiana, and which is more particularly described as follows: 445.36' EAST & WEST BY 488.33' NORTH & SOUTH BEGINNING 1878.68' WEST AND 40' NORTH SOUTHEAST CORNER SECTION 28 -38 -2E 5 ACRES BEING LOT 6 -2 AIRPORT INDUSTRIAL PARK PHASE III and which has Key Number 25- 1010 - 0400.14, be designated and an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1 -12 -1 et seg. and South Bend Municipal Code Sections 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 sec., and South Bend Municipal Code Sections 2 -76 et se q., 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 recommend 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 that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment of rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2 -5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 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/ Ann Puzzello Member of the Common Council REGULAR MEETING OCTOBER 10, 1994 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. Robert Roule, president of Metro Beverages, made the presentation. He indicated Metro has grown in revenue, as well as staff from 14 to 59, since they moved to South Bend. He indicated they planned to add warehouse space, as well as rehab the existing space, which is vital to insure continued growth of the company. He indicated they planned to add 6 new employees. 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 eight ayes. BILLS. FIRST READING BILL NO. 91 -94 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 310 WEST MONROE STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 92 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $111,444.00 FROM PROJECT RELEAF This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on October 24, seconded by Council Member Duda. The motion carried. BILL NO. 93 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING WEST OLD CLEVELAND ROAD, FROM THE WEST RIGHT -OF -WAY LINE OF NORTH MAYFLOWER ROAD, EAST FOR A DISTANCE OF APPROXIMATELY 2631.17 FEET AND A WIDTH OF APPROXIMATELY 40 FEET, TO THE EAST LINE OF SECTION 20, TOWNSHIP 38 NORTH, RANGE 2 EAST This bill had first reading. Council Member Coleman 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 October 24, seconded by Council Member Duda. The motion carried. BILL NO. 94 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 616 E. WASHINGTON STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Ladewski. The motion carried. BILL NO. 95 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY INCLUSION OF NEW ARTICLE 20 ENTITLED "SOUTH BEND CITY COURT" This bill had first reading. Council Member Luecke made a motion to refer this bill to the Rules Committee. BILL NO. 96 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 2 -125 ENTITLED OPERATION SAFE NEIGHBORHOODS PROGRAM This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Safety Committee, and set it for public hearing and third reading on October 24, seconded by Council Member Duda. The motion carried. BILL NO. 97 -94 A BILL AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND FOR PROPERTY LOCATED AT 3020 SOUTH MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. UNFINISHED BUSINESS Council Member Luecke made a motion to refer Bill No. 90 -94 to the Zoning and Vacation Committee, and set it for public hearing and third reading on October 24, seconded by Council Member Zakrzewski. The motion carried. PRIVILEGE OF THE FLOOR Pat Bryan, 2706 Wall, questioned the reason the wheelchair area in the Chambers has been discontinued. She asked that an area be designated for people with disabilities. Kathleen Cekanski - Farrand, Council attorney, indicated she would contact the Commissioners, since she is an ADA representative. There being no further business to come before the Council unfinished or new, Council Member Luecke made a motion to adjourn, seconded by Council Member Coleman. The motion carried and the meeting was adjourned at 7:32 p.m. ATTEST: � vim"' D City Clerk