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HomeMy WebLinkAbout11-28-94 Council Meeting Minutes259 REGULAR MEETING NOVEMBER 28, 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, November 28, 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 Luecke, Washington, Kelly, Slavinskas, Puzzello, Zakrzewski, Coleman, Duda, and Ladewski Absent: None SPECIAL BUSINESS Council Member Slavinskas made a motion to suspend the rules and add Resolution 94- 114 to the agenda, seconded by Council Member Zakrzewski. Jim Masters, attorney, explained they were requesting this resolution be adopted in support of a bill pending before the Council to rezone 3020 S. Michigan from "B" to "O" Office. He indicated the owners of property located at 1010 S. Michigan have entered into a settlement with the City and in this settlement they are to move the home to 3020 S. Michigan. He indicated that due to the holidays and potential weather problems it was necessary to start the move December 11. He indicated this resolution would allow the movers to start this move. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 2191 -94 A RESOLUTION IN SUPPORT OF AN ORDINANCE 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. The purpose and intent of this Resolution is to express the support of the South Bend Common Council for passage of an ordinance (Bill No. 97 -94) to rezone property at 3020 South Michigan Street, owned by Frank T. Polack and Justine H. Polack, from "B" Residential to "O" Office District. Under the terms of a settlement in a condemnation suit between the City of South Bend and Mr. and Mrs. Polack, the Polack house presently located at 1010 S. Michigan Street must be moved by no later than February 28, 1995. Mr. & Mrs. Polack intend to move their house to the rezoning site at 3020 South Michigan Street, it is necessary to rezone the property at 3020 South Michigan Street to "O" Office District to permit the use of the Polack house as the office of a real estate and insurance agency. On November 15, 1994, the Area Plan Commission voted unanimously to send Mr. and Mrs. Polack's rezoning petition to the Common Council with a favorable recommendation. The rezoning ordinance will be voted upon at the December 19, 1994 meeting of the Common Council. Pending passage of the Ordinance at the December 19, 1994 meeting, Mr. and Mrs. Polack must rely on this expression of support of Members of the South Bend Common Council to complete the foundation for the house, to perform other structural work to the house and land, and to move their house from 1010 South Michigan Street to the rezoning site at 3020 South Michigan Street. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. The South Bend Common Council hereby expresses its support for passage of Bill No. 97 -94 to rezoning the property at 3020 South Michigan Street from "B" Residential to "O" Office District. Section II. This resolution shall be in full force and effect from and after its passage by the Common Council. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. James Masters, attorney, made the presentation for the resolution. He asked for the Council's support in adopting this resolution. Richard Nussbaum, City Attorney, spoke in favor of this resolution. Council Member Kelly made a motion to adopt the resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. REPORT OF CITY OFFICES Richard Nussbaum, City Attorney, gave a report on the City's Self- insurance Program. He indicated the program started in 1980. He indicated that in spite of an excellent claims history it is estimated that it would cost approximately one million dollars to obtain primary liability coverage, and between $100,000 and $200,000 for umbrella coverage. He indicated it was fair to say that the savings to the taxpayers of the City through this program is in the millions of dollars. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Duda. The motion carried. 2sa REGULAR MEETING COMMITTEE OF THE WHOLE Be it remembered Committee of the presiding. BILL NO. 102 -94 NOVEMBER 28, 1994 that the Common Council of the City of South Bend met in the Whole on at 7:36 p.m., with nine members present. Chairman Kelly A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF VACATED E. SORIN ST. FROM THE WEST RIGHT -OF -WAY LINE OF N. NILES AVE. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY (NEDDO CT.) WEST OF N. NILES AVE. FOR A DISTANCE OF APPROXIMATELY 179 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALSO, THE SECOND EAST -WEST ALLEY NORTH OF VACATED E. SORIN ST. FROM THE WEST RIGHT -OF -WAY LINE OF N. NILES AVE. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST VACATED NORTH -SOUTH ALLEY (NEDDO CT.) WEST OF N. NILES AVE. FOR A DISTANCE OF APPROXIMATELY 179 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALSO, THE FIRST NORTH -SOUTH ALLEY (NEDDO CT) EAST OF N. NILES AVE. FROM THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY NORTH OF VACATED E. SORIN ST., SOUTH FOR A DISTANCE OF APPROXIMATELY 60 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN COQUILLARD'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Mark Boveri, attorney, made the presentation for the bill. He indicated Madison Center plans to construct a 60 bed mental health facility on property located along Niles Avenue. He indicated the property is now vacant and this vacation would allow them to close all existing alleys, as well as a portion of Neddo Court, which have not already been vacated. Council Member Coleman mae a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 103 -94 A BILL TO VACATE THE FIRST EAST -WEST ALLEY NORTH OF E. ST. VINCENT ST. FROM THE EAST RIGHT -OF -WAY LINE OF N. GEORGIANA ST. FOR A DISTANCE OF APPROXIMATELY 248 FEET AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. George Carry, 1024 Napoleon, made the for the bill. He indicated he was a neighbor of the petitioner and this alley has been used for nothing but drug traffic for the last two or three years. He indicated they were requesting this vacation for safety reasons. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 108 -94 A BILL APPROPRIATING $99,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM FOR PROGRAM YEAR BEGINNING JANUARY 1, 1995 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 reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Economic Development, made the presentation for the bill. She indicated this appropriation would be used to assist four local nonprofit organizations in providing services to the homeless in our community. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 109 -94 A BILL APPROPRIATING $130,000 WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DIVISION OF REDEVELOPMENT FOR PROGRAM YEAR 1995 BEGINNING JANUARY 1, 1995 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 reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Economic Development, made the presentation for the bill. She indicated this funding would be used to complete the appropriation of department of administrative funding for 1995. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 110 -94 A BILL APPROPRIATING $369,453 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR BEGINNING JANUARY 1, 1995 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 reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Economic Development, made the presentation for the bill. She indicated this appropriation is 1995 projected i nnnma 1•n +ha nl narl-manl- of rnmmitni l-c7 and Pnnnnmi n T1aT7a1 nnmanl- from cf =ff ciinnr�rF 261 REGULAR MEETING NOVEMBER 28, 1994 contracts, and would complete the appropriation of department administrative funding for 1995. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 111 -94 A BILL APPROPRIATING $3,785,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1995, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Economic Development, indicated this bill would appropriate anticipated CDBG entitlement funds and projected program income in accordance with the 1995 Housing and Community Development Plan. Council Member Luecke indicated he was employed by South Bend Heritage who will receive funding from this bill, however, voting for this bill is not considered a conflict of interest. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 112 -94 A BILL TRANSFERRING $14,968.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Economic Development, indicated this bill would transfer $14,968 from Section 108 program income cash accounts for Section 108 loan processing fees, as well as interest charged on interim notes. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 113 -94 A BILL TRANSFERRING $77,209 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Economic Development, indicated this bill would transfer $77,209 from 1994 CDBG program year activities into 1995 CDBG activities. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 115 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ONE HUNDRED SEVENTY THOUSAND DOLLARS ($170,000) FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND Council Member Puzzello made a motion to continue public hearing on this bill until December 19, seconded by Council Member Washington. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council member Coleman. 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 7:55 p.m. Council President Puzzello presiding, and nine members present. ORDINANCE NO. 8550 -94 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF VACATED E. SORIN ST. FROM THE WEST RIGHT -OF- WAY LINE OF N. NILES AVE. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY (NEDDO CT.) WEST OF N. NILES AVE. FOR A DISTANCE OF APPROXIMATELY 179 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALSO, THE SECOND EAST -WEST ALLEY NORTH OF VACATED E. SORIN ST. FROM THE WEST RIGHT -OF -WAY LINE OF N. NILES AVE. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST VACATED NORTH -SOUTH ALLEY (NEDDO CT.) WEST OF N. NILES AVE. FOR A DISTANCE OF APPROXIMATELY 179 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALSO, THE FIRST NORTH -SOUTH ALLEY (NEDDO CT) EAST OF N. NILES AVE. FROM THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY NORTH OF VACATED E. SORIN ST., SOUTH FOR A DISTANCE OF APPROXIMATELY 60 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN ;:262 REGULAR MEETING NOVEMBER 28, 1994 This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8551 -94 AN ORDINANCE TO VACATE THE FIRST EAST -WEST ALLEY NORTH OF E. ST. VINCENT ST. FROM THE EAST RIGHT -OF -WAY LINE OF N. GEORGIANA ST. FOR A DISTANCE OF APPROXIMATELY 248 FEET AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Kelly 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. 8552 -94 AN ORDINANCE APPROPRIATING $99,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM FOR PROGRAM YEAR BEGINNING JANUARY 1, 1995 This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8553 -94 AN ORDINANCE APPROPRIATING $130,000 WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DIVISION OF REDEVELOPMENT FOR PROGRAM YEAR 1995 BEGINNING JANUARY 1, 1995 This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8554 -94 AN ORDINANCE APPROPRIATING $369,453 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR BEGINNING JANUARY 1, 1995 This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8555 -94 AN ORDINANCE APPROPRIATING $3,785,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1995, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Council Member Duda 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. 8556 -94 AN ORDINANCE TRANSFERRING $14,968.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8557 -94 A BILL TRANSFERRING $77,209 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 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. RESOLUTIONS Council Member Luecke made a motion to suspend the rules and have public hearing on the following resolution, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 2192 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION THAT THE LEASE OF PROPERTY AT 927 SOUTH BEND AVENUE, SOUTH BEND, INDIANA, FOR A NEIGHBORHOOD PARTNERSHIP CENTER IS NEEDED WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on November 14, 1994, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 504 North Johnson Street, South Bend, Indiana, as space for a Neighborhood Partnership Center, by entering into. a lease agreement with St. Stanislaus Catholic Church for a term of one year with a one year option to renew upon agreement of the parties, with an annual rental of Seven Thousand Two Hundred Dollars and Ninety -Six Cents ($7,299.96); and WHEREAS, the Board received, on November 14, 1994, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and 263 REGULAR MEETING NOVEMBER 28, 1994 a lease agreement for said premises, that the Common Council, determine that the premises are needed and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. That the Common Council is desirous of establishing a neighborhood center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3. That this property at 937 South Bend Avenue, South Bend, Indiana, contains approximately 1,500 square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4. That on the 14th day of November, 1994, a Petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 937 South Bend Avenue, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with Northeast Development Corporation for a term of one (1) year with an annual rental for said premises of Seven Thousand Two Hundred and Ninety -Nine Dollars and Ninety -Six Cents ($7,299.96). 5. That on the 14th day of November, 1994, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend. 6. That on the 14th day of November 1994, a proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein. 7. That having heard all speakers at the presentation and hearing on this Resolution on the 28th day of November, 1994, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigation, discussions, and consideration by individual Council members, the Common Council of the City of South Bend hereby finds, pursuant to I.C. 36 -1 -10- 7(2) that the lease of property at 937 South Bend Avenue as a Neighborhood Partnership Center, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor is needed. 8. 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. Karla Stragland, Neighborhood Centers' division of planning , made the presentation. She indicated this renewal was for a one year term and the annual rent will not exceed seven thousand two hundred ninety nine dollars and ninety six cents. Jennifer Moorehead, president of the Northeast Neighborhood Council, indicated they worked on the renewal of the lease, and it was a community effort. Sherril Ash, 1342 Chalfant, spoke in favor of this lease. She gave a brief presentation on the activites at the center. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2193 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2920 W. SAMPLE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PETERSEN PRINTING CORPORATION, DBA PETERSEN GRAPHICS GROUP 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 2930 W. Sample, South Bend IN, and which is particularly described as follows: Situate in St. Joseph County, in the State of Indiana A lot or parcel of land in the Northwest Quarter of the Northwest Quarter of Section Fifteen (15), Township Thirty -Seven (37) North, Range Two (2) East, described as follows, to -wit: Beginning on the South line of Sample Street in the City of South Bend, Indiana, at a point 330 feet East and 35 feet South of the Northwest corner of said Section 15; thence East along the South line of Sample Street 400 feet; thence South a distance of 536.78 feet more or less to the Northerly right -of -way 2.44 REGULAR MEETING NOVEMBER 28, 1994 line of the New Jersey, Indiana and Illinois Railroad; thence southwesterly along said Northerly right -of -way line of the New Jersey, Indiana and Illinois Railroad 437.58 feet more or less to a point due South of the place of beginning; thence North 714.1 feet more or less to the place of beginning. ALSO, a lot or parcel of land in the Northwest Quarter of Section of Section Fifteen (15), Township Thirty -Seven (37) North, Range Two (2) East in the City of South Bend, St. Joseph County, Indiana, described as beginning 35 feet South and 165 feet East of the Northwest Corner of Section 15, Township 37 North, Range 2 East, which beginning point is on the South line of Sample Street; thence East (bearing assumed) 165 feet along the South lines of said Sample Street; thence South zero degrees 04 minutes West 714.01 feet to the Northerly right -of -way line of the New Jersey, Indiana and Illinois Railroad right -of -way; thence South 65 degrees 59 minutes 50 sections West 251.6 feet along said Northerly right -of -way; thence North zero degrees 02 minutes 50 sections East 587.24 feet to a point 229 feet South and 65 feet West of place of beginning; thence North 89 degrees 50 minutes 50 seconds East 65 feet; thence North zero degrees 02 minutes 50 seconds East 29 feet to place of beginning. EXCEPTING THEREFROM, a parcel of land being a part of the Northwest Quarter of Section Fifteen (15), Township Thirty -Seven (37) North, Range Two (2) East in the City of South Bend, St. Joseph County, Indiana, described as follows: Starting at a point 35 feet South and 165 feet East of the Northwest corner of Section 15, Township 37 North, range 2 East which point is on the South line of East Sample Street; thence South 0 degrees 2 minutes 50 seconds West, 229 feet to the true point of beginning for this description; thence continuing as an extension to the last described line South 0 degrees 2 minutes 50 seconds to the Northerly right -of -way line of the Norfolk and Western Railroad (N.J.I. and I.R.R.); thence South 65 degrees 59 minutes 50 seconds West in a Southwesterly direction along the railroad right -of -way to a point which is 109.4 feet Northeasterly as measured on said railroad right -of -way from the West line of Section 15, Township 37 North, Range 2 East, 587.24 feet to a point (which point is 264 feet South and 100 feet East of the Northwest corner of said Section 15); thence North 89 degrees 50 minutes 50 seconds East, 65 feet to the point of beginning. Subject to legal highways. with said real estate having the following Key Nos. 18 8075 181401, 18 8075 282404, 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 /Ann Puzzello Member of the Common Council Marc Petersen, president of Petersen Printing, made the presentation for the resolution. He indicated they were asking for abatement in order to purchase new equipment. He indicated they would add six to eight new employees. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution passed by a roll call vote of nine ayes. Council Member Luecke made a motion to combine public hearing on the next two resolutions, seconded by Council Member Duda. The motion carried. RESOLUTION NO. 2194 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2930 FOUNDATION DR. SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR EATON CORPORATION 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 rennectina that the area nnmmnn1v known ac 2 930 Foundation Dr__ Rnuth Rend_ Tndiana_ 263 REGULAR MEETING NOVEMBER 28, 1994 and which is more particularly described as follows: PARCEL I: A description of 8.2895 acres of land in the North Half of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, said 8,2895 acre tract being part of a certain 12.00 acre tract described in Deed Book 593, page 47 of the deed records of said St. Joseph County, said 8.2895 acre tract being more particularly described as follows: Commencing at a PK nail with disc set at the North Quarter corner of said Section 28: thence along the Northerly line of said North Half of Section 28, being also the North line of said 12.00 acre tract, North 89 58' 54" West a distance of 165.00 feet to a PK nail set for the Northwest corner of said 12.00 acre tract; thence along the Westerly line of said 12.00 acre tract, South 00 14102" West a distance of 785.23 feet to an iron bar set at the point of beginning of the 8.2895 acre tract herein described; thence continuing along the said Westerly line, South 00 14' 02" West a distance of 973.35 feet to a 1 1/4" iron pipe found for the Southwest corner of said 12.00 acre tract being also the Southwest corner of the said 8.2895 tract herein described: thence along the Southerly line of said 12.00 acre tract, South 89 53' 27" East a distance of 371.17 feet to 1 3/4" iron pipe found to the Southeast corner of said 12.00 acre tract, being also the Southeast corner of the 8.2895 acre tract herein described; thence along the Easterly line of said 12.00 acre tract, North 00.12' 22" East a distance of 973.60 feet to a 1" iron pipe found at a corner of said 12.00 acre tract, being also the Southeast corner of a certain tract of land described in record Document No. 9016462; thence along a line of said 12.00 acre tract, being also the Southerly line of said recorded Document No. 9016462, North 89 55'50" West a distance of 370.70 feet to the point of beginning. PARCEL II: A description of a portion of the North half of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, said portion being more particularly described as follows: Commencing at the North Quarter corner of said Section 28, being a PK nail and disc marked "50307 "; thence along the North line of said Section 28, North 80 58'54" West, a distance of 165.00 feet to a PK nail and disc set marked "5030711, thence along the Westerly line of a certain 12.00 acre track of land described in Deed Book 593, page 47 on file and of record in the Office of the Recorder of St. Joseph County, Indiana, South 00 14102" West, a distance of 1758.58 feet to a 1 1/4" iron pipe found for the Southwest corner of said 12.00 acre track of land and the point of beginning of said portion herein describe; thence continuing along the Southerly extension of said Westerly line, South 00 14'02" West, a distance of 20.64 feet to an iron bar set, market 1150307 ", in the northerly right -of -way line of proposed foundation drive extension as shown on the plat of Airport Industrial Park, Phase III and IV and recorded as Document No. 7806496; thence along said Northerly right -of -way line, North 89 44'58" East a distance of 35.92 feet to a 1/2" iron bar found for the Northwesterly corner of a certain tract of land described in recorded Document No. 8822679; thence along the North 89 57'43" East a distance of 335.26 feet to an iron bar set; thence along the Southerly extension of the Easterly line of said 12.00 acre tract of land, North 00 12122" East a distance of 19.56 feet to a 3/4" iron pipe found at the Southeast corner of said 12.00 acre tract of land; thence along the Southerly line of said 12.00 acre tract of land being also the Northerly line of said Portion herein described, North 89 53'57" West, 371.17 feet to the point of beginning. and which has Key Number 25 1010 038401 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 Sections 2 -76 Et Seq. 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 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 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 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. 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; E. That the other benefits about which information was requested are benefits that can he reacnnahly expected to rPCUIt from the nrnnoced descrihed ` 6 REGULAR MEETING redevelopment or rehabilitation; and NOVEMBER 28, 1994 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. G. That the area is located in an Economic Development Target Area designated as such under Indiana Code 6 -1.1- 12.1 -7. 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 the 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 ten (10) 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 RESOLUTION NO. 2195 -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 2930 FOUNDATION DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EATON 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 2930 Foundation Dr., South Bend, Indiana, and which is more particularly described as follows: PARCEL I: A description of 8.2895 acres of land in the North Half of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, said 8,2895 acre tract being part of a certain 12.00 acre tract described in Deed Book 593, page 47 of the deed records of said St. Joseph County, said 8.2895 acre tract being more particularly described as follows: Commencing at a PK nail with disc set at the North Quarter corner of said Section 28: thence along the Northerly line of said North Half of Section 28, being also the North line of said 12.00 acre tract, North 89 58' 54" West a distance of 165.00 feet to a PK nail set for the Northwest corner of said 12.00 acre tract; thence along the Westerly line of said 12.00 acre tract, South 00 14102" West a distance of 785.23 feet to an iron bar set at the point of beginning of the 8.2895 acre tract herein described; thence continuing along the said Westerly line, South 00 14' 02" West a distance of 973.35 feet to a 1 1/4" iron pipe found for the Southwest corner of said 12.00 acre tract being also the Southwest corner of the said 8.2895 tract herein described: thence along the Southerly line of said 12.00 acre tract, South 89 53' 27" East a distance of 371.17 feet to 1 3/4" iron pipe found to the Southeast corner of said 12.00 acre tract, being also the Southeast corner of the 8.2895 acre tract herein described; thence along the Easterly line of said 12.00 acre tract, North 00.12' 22" East a distance of 973.60 feet to a 1" iron pipe found at a corner of said 12.00 acre tract, being also the Southeast corner of a certain tract of land described in record Document No. 9016462; thence along a line of said 12.00 acre tract, being also the Southerly line of said recorded Document No. 9016462, North 89 55150" West a distance of 370.70 feet to the point of beginning. PARCEL II: A description of a portion of the North half of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, said portion being more particularly described as follows: Commencing at the North Quarter corner of said Section 28, being a PK nail and disc marked "50307 "; thence along the North line of said Section 28, North 80 58154" West, a distance of 165.00 feet to a PK nail and disc set marked "5030711, thence along the Westerly line of a certain 12.00 acre track of land described in Deed Book 593, page 47 on file and of record in the Office of the Recorder of St. Joseph County, Indiana, South 00 14102" West, a distance of 1758.58 feet to a 1 1/4" iron pipe found for the Southwest corner of said 12.00 acre track of land and the point of beginning of said portion herein describe; thence continuing along the Southerly extension of ....: a r.,.... s- ....i.. 141e c..,,i -h nn i d l n9ff Wcc+ A Ai atanna of 7(1 _ Fid fat?t to an i rnn REGULAR MEETING NOVEMBER 28, 1994 bar set, market "5030711, in the northerly right -of -way line of proposed foundation drive extension as shown on the plat of Airport Industrial Park, Phase III and IV and recorded as Document No. 7806496; thence along said Northerly right -of -way line, North 89 44'58" East a distance of 35.92 feet to a 1/2" iron bar found for the Northwesterly corner of a certain tract of land described in recorded Document No. 8822679; thence along the North 89 57'43" East a distance of 335.26 feet to an iron bar set; thence along the Southerly extension of the Easterly line of said 12.00 acre tract of land, North 00 12'22" East a distance of 19.56 feet to a 3/4" iron pipe found at the Southeast corner of said 12.00 acre tract of land; thence along the Southerly line of said 12.00 acre tract of land being also the Northerly line of said Portion herein described, North 89 53157" West, 371.17 feet to the point of beginning. and this property has Key Numbers 25 1010 038401, 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 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 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/ 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 recommended it to the Council favorable. Jim Seaver, Engineering Manager, made the nresentation fnr the reGnlutinnc_ HP inflicated this nrniects is fnr ennstruntinn e' REGULAR MEETING NOVEMBER 28, 1994 of an addition to the existing facility, in order to house a 3,000 ton forge press and related equipment. He indicated forging development programs have dictated a higher tonnage press. He indicated this project will create 20 new permanent jobs. Council Member Slavinskas made a motion to adopt Resolution No. 2194 -94, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Luecke made a motion to adopt Resolution No. 2195 -94 seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine aye. RESOLUTION 94 -112 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING A CITY NEGOTIATING TEAM FOR TEAMSTER NEGOTIATIONS Council Member Luecke made a motion to continue public hearing on this bill until December 19, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2196 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REDUCING THE 1994 APPROPRIATION IN THE MOTOR VEHICLE HIGHWAY FUND Whereas, as a result of the State Tax Commissioners review of the 1995 Motor Vehicle Highway Fund budget, it has come to the attention of City that the amounts budgeted in 1994 in the Motor Vehicle Highway Fund budget should not have been transferred from the General Fund to the Motor Vehicle Highway Fund, as was done, but should have been budgeted in the General Fund as in past years; and Whereas, the there is no authority to transfer money from the General Fund to the Motor Vehicle Highway Fund to cover the costs in question; and Whereas, as a result of the State Tax Commissioners review of the 1995 Motor Vehicle Highway Fund budget, certain adjustments were directed by the Commissioners to be made by resolution of the Common Council of the City of South Bend to the 1994 Motor Vehicle Highway Fund budget; and Whereas, the balances remaining in the indicated accounts of the Motor Vehicle fund as of June 30, 1994 should be liquidated. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: That the following reduction in the 1994 appropriation in the Motor Vehicle Highway Fund shall be, and hereby is, made within the indicated accounts of that Fund: ACCOUNT DECREASE 202.0607.431.22.01 $191,041 202.0607.431.36.03 613,662 This resolution shall be in full force and effect from and after its adoption and proper legal publication, if any. /s/ Ann Puzzello Member, Common Council A public hearing was held on the resolution at this time. Jeff Rinard, Deputy Controller, made the presentation for the resolution. He indicated this resolution would reduce the Motor Vehicle Highway Fund, to correct a 1194 budgeting error. He indicated the State Tax Commissioners' review of the 1995 budget revealed the error, and they directed the adoption of this resolution to correct the problem. Council Member Coleman made a motion to adopt this resolution, seconded by Council member Zakrzewski. The motion carried. BILLS. FIRST READING BILL NO. 116 -94 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE BUILDING LOCATED AT 1601 KEMBLE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 117 -94 A BILL INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1994 This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel and Finance Committee and set it for Public hearing and third reading on December 19, seconded by Council Member Coleman. The motion carried. BILL NO. 118 -94 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1994 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 - -.. a:..... n ---- d. , 1 O connnAcA by Onrnnni l MPmhPY n„ria _ mhp mnti nn rarri p_d _ REGULAR MEETING NOVEMBER 28, 1994 BILL NO. 119 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 6, SECTION 2- 84.7(b) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING TAX ABATEMENT FEES This bill had first reading. Council Member Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public hearing and third reading on December 19, seconded by Council Member Luecke. The motion carried. BILL NO. 120 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: KEASEY STREET FROM MICHIGAN STREET TO CARROLL STREET. SOME NORTH /SOUTH AND EAST /WEST ALLEYS SITUATED BETWEEN MICHIGAN STREET AND CARROLL STREET, AND OHIO STREET AND VACATED ELDER STREET. 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 December 19, seconded by Council Member Washington. The motion carried. BILL NO. 121 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -124 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING RETIREMENT GIFTS FOR PUBLIC SAFETY SWORN PERSONNEL This bill had first reading. Council Member Luecke made a motion to refer this bill to the Public Safety Committee and set it for Public hearing and third reading on December 19, seconded by Council Member Coleman. The motion carried. BILL NO. 122 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "BUILDING" 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 December 19, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS 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" Council Member Luecke made a motion to continue this bill indefinitely, seconded by Council Member Duda. The motion carried. Council Member Slavinskas made a motion to change the public hearing date on Bill No. 91 -94 from December 19 to January 9, at the request of the petitioner, seconded by Council Member Luecke. The motion carried. Council Member Slavinskas made a motion to set Bill No. 104 -94 for public hearing and third reading on January 9, and refer it to the Zoning and Annexation Committee, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas made a motion to set Bill nos. 94, 98, 99 -94, for public hearing and third reading on December 19, and refer it to the Zoning and Annexation Committee, seconded by Council Member Duda. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Duda. The motion carried and the meeting was adjourned at 8:35 p.m. ATTEST: City Clerk ATTEST: i 269::