HomeMy WebLinkAbout10-08-90 Council Meeting Minutes96
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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 8, 1990, 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, Niezgodski, Soderberg
Puzzello, Slavinskas, Zakrzewski, Coleman, an
Voorde
Absent: Duda
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 24, 1990 meeting of
the Council and found them correct.
Therefore, we recommend the same be approved.
/s/ John Voorde
/s/ Loretta Duda
Council Member Coleman made a motion that the minutes of the September 24, 1990,
meeting of the Council be accepted and placed on file, seconded by Council Member
Puzzello. The motion carried.
SPECIAL BUSINESS
RESOLUTION NO. 1810 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A
POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA
GERMAN TOWNSHIP.
WHEREAS, there has been submitted to the Common Council of the City of South
Bend, Indiana, an ordinance which proposes the annexation of the hereinafter
described real estate located in German Township, St. Joseph County, Indiana; and
WHEREAS, the territory proposed to be annexed is adjacent to and /or near the
Michiana Regional Airport and is to be developed, as part of the City's Airport
2010 project, which development will require a level of municipal public services
basic to the establishment and maintenance of such development, which services
shall include services of a non - capital nature, including street and road
maintenance, fire and police protection, and services of a capital improvement
nature, including street construction, street lighting, sewer facilities, water
facilities and storm water facilities; and
WHEREAS, the Common Council of the City of South Bend, Indiana now desires to
establish and adopt a fiscal plan and establish a definite policy showing (1) the
cost estimates of services of a non - capital nature, including street and road
maintenance, police and fire protection and other non - capital services normally
provided within the corporate boundaries, and services of a capital improvement
nature, including street construction, street lighting, water facilities, sewer
facilities, and storm water drainage facilities to be furnished to the territory t
be annexed; (2) the method(s) of financing those services; (3) the plan for the
organization and extension of those services; (4) that services of a non - capital
nature will be provided to the annexed area within one (1) year after the effectiv
date of the annexation, and that they will be provided in a manner equivalent in
standard and scope to similar
non - capital services provided to areas within the corporate boundaries of the City
of South Bend, that have characteristic of topography, patterns of land use, and
population density similar to that of the territory to be annexed; (5) that
services of a capital improvement nature will be provided to the annexed area
within three (3) years after the effective date of the annexation in the same
manner as those services are provided to areas within the corporate boundaries of
the City of South Bend that have characteristics of topography, patterns of land
use and population density similar to that of the territory to be annexed and in a
manner consistent with federal, state and local laws, procedures, and planning
criteria; and (6) the plan for hiring the employees of other governmental entities
whose jobs will be eliminated by the proposed annexation; and
WHEREAS, the Board of Public Works of the City of South Bend, the Board of
Public Safety of the City of South Bend, and the Board of Water Works Commissioner
of the City of South Bend have approved a written fiscal plan and established a
policy for the provision of services to an area which includes the territory to be
annexed, which plan and policy, as it relates to the territory to be annexed, the
Common Council finds appropriate and the adoption of which as the plan and policy
for the City of South Bend the Common Council finds to be in the best interests of
the City.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF
SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. That it is in the best interest of the City of South Bend and of tl
area proposed to be annexed that the following described real property located in
German Township, St. Joseph County, Indiana, be annexed to the City of South Bend:
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That part of Section 21 and 22, T. 38 N., R. 2 E., German Township, St. Joseph
County, Indiana which is described as: Beginning at the Center of Section 21;
thence N. 880- 53' -36" E. along the East and West quarter line of said Section,
450.58 ft. to the Southeast corner of Lot 6 of the recorded plat of Toll Road
Industrial Park, Section 4; thence N. 000- 56' -57" W., 348.63 ft. to the Northwest
corner of Lot 3, of the recorded plat of Toll Road Industrial Park, Section 2,
thence N. 881- 53' -36" E., 385.00 ft. to the West line of Ralph Jones Drive; thence
N. 000- 56' -57" W., 504.83 ft.; thence around a 30.00 ft. radius curve to the left
an arc distance of 47.21 ft. to the end of a chord which bears N. 46 °- 01' -41" W.
and a distance of 42.49 ft. to the south line of William Richardson Drive; thence
along said south line S. 880- 53' -36" W., 805.50 ft. to the Northwest corner of Lot
6, Toll Road Industrial Park, Section 4; thence N. 001- 56' -57" W., 1126.62 ft. to
the Northwest corner of Outlot 7C, of the recorded plat of Toll Road Industrial
Park, Section 7; thence N. 880- 53' -36" E., 1327.59 ft. to the Northeast corner of
Lot 11 of Toll Road Industrial Park, Section 6; thence S. 000- 56' -57" E., 1046.62
ft. to the North line of William Richardson Court; thence along said North line N.
88 °- 53' -36" E., 238.43 ft.; thence around 60.00 ft. radius curve to the left an arc
distance of 50.47 ft. to the end of a chord which bears N. 641- 47' -51" E. and a
distance of 48.99 ft.; thence around a 60.00 ft. radius curve to the right an arc
distance of 144.76 ft. to the end of a chord which bears S. 700- 04' -02" E. and a
distance of 112.12 ft. to the northwest corner of Lot 18 of the recorded plat of
Toll Road Industrial Park, Section 6; thence S. 00 °- 56' -57" E., 604.73 ft. to the
southeast corner of Lot 17 of the Toll Road Industrial Park, Section 6; thence
crossing Lot 18 of said Section 6, N. 88 °- 53' -36" E., 930.91 ft. to the East line
of said Section 21; thence along the said East line S. 001- 45' -45" E., 338.81 ft.
to the east quarter post of said Section; thence S. 010- 00' -44" E. along the East
line of said section, 585.04 ft.; thence N. 89 °- 44' -31" E., 1219.94 ft. to the
Centerline of Portage Road; thence S. 21 °- 44' -25" E. along said line, 292.53 ft.;
thence S. 011- 02' -54" E. along the East line of the West half of the Southwest
quarter of said section 22, 985.05 ft. to the South line of Maple Road; thence
along said line, S. 421- 23' -52" W., 526.67 ft. and S. 03 °- 23' -52" W., 50.53 ft. to
the Northerly Right of Way line of Cleveland Road; thence along said line N.
62 °- 25' -23" W., 181.03 ft.; thence N. 680- 12' -15" W., 345.89 ft. and N. 561- 02' -56"
W., 410.00 ft. and N. 77 °- 22' -14" W., 148.56 ft. to a Point on the East line of
said Section 21; thence continuing along said line, N. 681- 46' -15" W., 838.81 ft.
thence around a 4463.66 ft. Radius curve to the Right an arc distance of 732.25
ft. to the end of a chord which bears N. 550- 47' -07" W. and having a distance of
731.43 ft. and N. 51 °- 06' -33" W., 725.43 ft. and around a 4705.21 ft. Radius curve
to the Left an arc distance of 870.48 ft. to the end of a chord which bears N.
560- 22' -04" W. and having a distance of 869.24 ft.; thence N. 00 °- 56' -12" W. along
the North and South quarter line of said Section, 98.76 ft. to the Point of
Beginning. Containing 170.005 Acres. more or less.
Section II. That it shall be and hereby is now declared and established that it
is the policy of the City of South Bend to furnish to said territory services of a
non - capital nature, such as street and road maintenance, police and fire
protection, within one (1) year of the effective date of the annexation, in a
manner equivalent in standard and scope to the services furnished by the City to
other areas of the City which have characteristics of typography, patterns of land
utilization and population density similar to said territory; and to furnish to
said territory services of a capital improvement nature, such as street
construction, street lighting, water facilities, sewer facilities, and storm water
facilities, within three (3) years of the effective date of the annexation, in the
same manner as those services are provided to areas within the corporate boundaries
of the City of South Bend that have characteristics of topography, patterns of land
use and population density similar to that of the territory to be annexed and in a
manner consistent with federal, state and local laws, procedures, and planning
criteria.
Section III. That the Common Council for the City of South Bend shall and does
hereby now establish and adopt the fiscal plan described in Exhibit B, attached
hereto and made a part hereof, for the furnishing of said services to the territory
to be annexed.
Section IV. This Resolution should be in full force and effect upon its
adoption by the Common Council and approved by the Mayor.
Adopted this day of , 1990.
Member, Common Council
RESOLUTION NO. 1811 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A
POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN
GERMAN TOWNSHIP.
J8
WHEREAS, there has been submitted to the Common Council of the City of South
Bend, Indiana, an ordinance which proposes the annexation of the hereinafter
described real estate located in German Township, St. Joseph County, Indiana; and
WHEREAS, the territory proposed to be annexed is adjacent to and /or near the
Michiana Regional Airport and is to be developed, as part of the City's Airport
2010 project, which development will require a level of municipal public services
basic to the establishment and maintenance of such development, which services
shall include services of a non - capital nature, including street and road
maintenance, fire and police protection, and services of a capital improvement
nature, including street construction, street lighting, sewer facilities, water
facilities and storm water facilities; and
WHEREAS, the Common Council of the City of South Bend, Indiana now desires to
establish and adopt a fiscal plan and establish a definite policy showing (1) the
cost estimates of services of a non - capital nature, including street and road
maintenance, police and fire protection and other non - capital services normally
provided within the corporate boundaries, and services of a capital improvement
nature, including street construction, street lighting, water facilities, sewer
facilities, and storm water drainage facilities to be furnished to the territory to
be annexed; (2) the method(s) of financing those services; (3) the plan for the
organization and extension of those services; (4) that services of a non - capital
nature will be provided to the annexed area within one (1) year after the effective
date of the annexation, and that they will be provided in a manner equivalent in
standard and scope to similar non - capital services provided to areas within the
corporate boundaries of the City of South Bend, that have characteristic of
topography, patterns of land use, and population density similar to that of the
territory to be annexed; (5) that services of a capital improvement nature will be
provided to the annexed area within three (3) years after the effective date of the
annexation in the same manner as those services are provided to areas within the
corporate boundaries of the City of South Bend that have characteristics of
topography, patterns of land use and population density similar to that of the
territory to be annexed and in a manner consistent with federal, state and local
laws, procedures, and planning criteria; and (6) the plan for hiring the employees
of other governmental entities whose jobs will be eliminated by the proposed
annexation; and
WHEREAS, the Board of Public Works of the City of South Bend, the Board of
Public Safety of the City of South Bend, and the Board of Water Works Commissioner
of the City of South Bend have approved a written fiscal plan and established a
policy for the provision of services to an area which includes the territory to be
annexed, which plan and policy, as it relates to the territory to be annexed, the
Common Council finds appropriate and the adoption of which as the plan and policy
for the City of South Bend the Common Council finds to be in the best interests of
the City.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF
SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. That it is in the best interest of the City of South Bend and of tl
area proposed to be annexed that the following described real property located in
German Township, St. Joseph County, Indiana, be annexed to the City of South Bend:
That part of Section 21 and 22, T. 38 N., R. 2 E., German Township, St. Joseph
County, Indiana which is described as: Beginning at the Center of Section 21;
thence N. 880- 53' -36" E. along the East and West quarter line of said Section,
450.58 ft. to the Southeast corner of Lot 6 of the recorded plat of Toll Road
Industrial Park, Section 4; thence N. 000- 56' -57" W., 348.63 ft. to the Northwest
corner of Lot 3, of the recorded plat of Toll Road Industrial Park, Section 2,
thence N. 88 °- 53' -36" E., 385.00 ft. to the West line of Ralph Jones Drive; thence
N. 000- 56' -57" W., 504.83 ft.; thence around a 30.00 ft. radius curve to the left
an arc distance of 47.21 ft. to the end of a chord which bears N. 460- 01' -41" W.
and a distance of 42.49 ft. to the south line of William Richardson Drive; thence
along said south line S. 88 °- 53' -36" W., 805.50 ft. to the Northwest corner of Lot
6, Toll Road Industrial Park, Section 4; thence N. 000- 56' -57" W., 1126.62 ft. to
the Northwest corner of Outlot 7C, of the recorded plat of Toll Road Industrial
Park, Section 7; thence N. 88 °- 53' -36" E., 1327.59 ft. to the Northeast corner of
Lot 11 of Toll Road Industrial Park, Section 6; thence S. 000- 56' -57" E., 1046.62
ft. to the North line of William Richardson Court; thence along said North line N.
88 °- 53' -36" E., 238.43 ft.; thence around 60.00 ft. radius curve to the left an arc
distance of 50.47 ft. to the end of a chord which bears N. 640- 47' -51" E. and a
distance of 48.99 ft.; thence around a 60.00 ft. radius curve to the right an arc
distance of 144.76 ft. to the end of a chord which bears S. 70 °- 04' -02" E. and a
distance of 112.12 ft. to the northwest corner of Lot 18 of the recorded plat of
Toll Road Industrial Park, Section 6; thence S. 000- 56' -57" E., 604.73 ft. to the
southeast corner of Lot 17 of the Toll Road Industrial Park, Section 6; thence
crossing Lot 18 of said Section 6, N. 88 °- 53' -36" E., 930.91 ft. to the East line
of said Section 21; thence along the said East line S. 00 °- 45' -45" E., 338.81 ft.
to the east quarter post of said Section; thence S. 010- 00' -44" E. along the East
line of said section, 585.04 ft.; thence N. 890- 44' -31" E., 1219.94 ft. to the
Centerline of Portage Road;
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thence S. 210- 44' -25" E. along said line, 292.53 ft.; thence S.
O10- 02' -54" E. along the East line of the West half of the Southwest
quarter of said section 22, 985.05 ft. to the South line of Maple Road;
thence along said line, S. 42 °- 23' -52" W., 526.67 ft. and S. 030- 23' -52"
W., 50.53 ft. to the Northerly Right of Way line of Cleveland Road; thence
along said line N. 620- 25' -23" W., 181.03 ft.; thence N. 680- 12' -15" W.,
345.89 ft. and N. 560- 02' -56" W., 410.00 ft. and N. 770- 22' -14" W.,
148.56 ft. to a Point on the East line of said Section 21; thence
continuing along said line, N. 680- 46' -15" W., 838.81 ft. thence around a
4463.66 ft. Radius curve to the Right an arc distance of 732.25 ft. to
the end of a chord which bears N. 550- 47' -07" W. and having a distance of
731.43 ft. and N. 510- 06' -33" W., 725.43 ft. and around a 4705.21 ft.
Radius curve to the Left an arc distance of 870.48 ft. to the end of a
chord which bears N. 560- 22' -04" W. and having a distance of 869.24 ft.;
thence N. 00 °- 56' -12" W. along the North and South quarter line of said
Section, 98.76 ft. to the Point of Beginning. Containing 170.005 Acres.
more or less.
Section II. That it shall be and hereby is now declared and established
that it is the policy of the City of South Bend to furnish to said
territory services of a non - capital nature, such as street and road
maintenance, police and fire protection, within one (1) year of the
effective date of the annexation, in a manner equivalent in standard and
scope to the services furnished by the City to other areas of the City
which have characteristics of typography, patterns of land utilization and
population density similar to said territory; and to furnish to said
territory services of a capital improvement nature, such as street
construction, street lighting, water facilities, sewer facilities, and
storm water facilities, within three (3) years of the effective date of
the annexation, in the same manner as those services are provided to areas
within the corporate boundaries of the City of South Bend that have
characteristics of topography, patterns of land use and population density
similar to that of the territory to be annexed and in a manner consistent
with federal, state and local laws, procedures, and planning criteria.
Section III. That the Common Council for the City of South Bend shall
and does hereby now establish and adopt the fiscal plan described in
Exhibit B, attached hereto and made a part hereof, for the furnishing of
said services to the territory to be annexed.
Section IV. This Resolution should be in full force and effect upon
its adoption by the Common Council and approved by the Mayor.
Adopted this day of _- , 1990.
s /Thomas Zakrzewski
Member, Common Council
A public hearing was held on the resolutions at this time. Council Member
Coleman made a motion to combine both bills for the purpose of public
hearing, seconded by Council Member Puzzello. The motion carried.
Council Member Luecke made a motion to amend Resolution No. 1810 -90,
seconded by Council Member Coleman. The motion carried. Jon Hunt,
Director Economic Development made the presentation on the resolutions.
He indicated that the resolutions would allow for the adoption of a
written fiscal plan and establishing a policy for the provision of
services to annexed areas. He stated that the areas within the annexation
are planned for the development as part of the City's Airport 2010
project.
Dave Norris, Economic Development Specialist, Department of Economic Development
spoke regarding the fiscal plans for the resolutions. He stated that the fiscal
plans were developed through the cooperative efforts of the City of South Bend's
Controller's Office, Department of Public Works, Police Department, Fire
Department, Department of Neighborhood Code Enforcement, and the Department of
Public Works, represents the City's policy for the annexation of the property
located north of Cleveland Road in German Township, St. Joseph County. Council
Member Slavinskas made a motion to adopt Resolution No. 1810 -90 as amended,
seconded by Council Member Coleman. The resolution was adopted by a roll call vote
of eight ayes. Council Member Coleman made a motion to adopt Resolution No.
1811 -90, seconded by Council Member Luecke. The resolution was adopted by a roll
call vote of eight ayes.
OF THE WHOLE
Be it remembered that the Common Council of the City of South Bend met in the
Committee of the Whole on Monday, October 8, 1990, at 7:40 p.m., with eight members
present. Chairman Coleman presiding.
BILL NO. 53 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
APPROXIMATELY 153 FEET EAST OF THE PRAIRIE AVENUE AND LOCUST
ROAD INTERSECTION ON THE SOUTH SIDE OF PRAIRIE AVENUE.
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
i
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made a motion to amend this bill, seconded by Council Member Niezgodski. The ;
motion carried. Council Member Slavinskas stated that the Zoning & Vacation
Committee met on this bill and recommends it to the Council favorable as amended.
John Byorni, Planner, Area Plan gave the staff report. Bernie Feeney, 715 S.
�i
Michigan St. made the presentation on the bill. He indicated that he is
representing the property owners Mr. & Mrs. Luan. He stated that the rezoning
would allow for the construction of a small shopping area. Council Member Voorde
made a motion to recommend this bill favorable, as amended to Council, seconded by'',
Council Member Puzzello. The motion carried.
BILL NO. 67 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
1319 N. IOWA STREET 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 made a,'
motion to amend this bill, seconded by Council Member Niezgodski. The motion
carried. Council Member Slavinskas stated that the Zoning & Vacation Committee met
on this bill and recommends it to Council favorable, as amended. John Byorni,
Planner, Area Plan gave the staff report. Lech Borysiak, 17585 Juday Lake Dr.,
made the presentation on the bill. He indicated that the contingent purchasers are
Mr. & Mrs. Charles Lord, 2001 Pritchard Dr., Niles, MI 49120. He indicated that j
the rezoning would allow for the construction of a machine shop with fourteen (14).
operating employees. Council Member Zakrzewski made a motion to recommend this
bill to Council favorable, as amended, seconded by Council Member Puzzello. The
motion carried.
BILL NO. 79 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A LEASE FOR CERTAIN LAND AND PUBLIC IMPROVEMENTS
BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH
BEND REDEVELOPMENT 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 Voorde made a''
motion to amend this bill, seconded by Council Member Zakrzewski. The motion
carried. Council Member Luecke stated that the Human Resources and Economic
Development Committee made no recommendation on this bill. Ann Kolata,
Redevelopment Director City of South Bend, made the presentation on the bill. She
indicated that the lease allows for certain land and public improvements in the
Airport Economic Development Area. She stated that the lease establishes a maximum
semi - annual rental payment of $900,000.00. She stated that this amount is an
estimate and will be lowered after bids are received for the construction and
public improvements. She stated that Tax Increment Finance funds will be used to
make the lease payments. Council Member Luecke made a motion to recommend this
bill to Council favorable, as amended, seconded by Council Member Puzzello. The
motion carried.
BILL NO. 80 -90 A BILL ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY
CONTIGUOUS THERETO.
BILL NO. 81 -90 A BILL ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY
CONTIGUOUS THERETO.
This being the time heretofore set for public hearing on the above bills,
proponents and opponents were given an opportunity to be heard. Council Member
Zakrzewski made a motion to combine both bills, for the purpose of public hearing,
seconded by Council Member Luecke. The motion carried. Council Member Zakrzewski
made a motion to amend Bill No. 81 -90, seconded by Council Member Niezgodski. The
motion carried. Council Member Slavinskas stated that the Zoning & Vacation
Committee met on these bills and recommends Bill No. 80 -90 favorable and Bill No.
81 -90 favorable as amended. Dave Norris, Economic Development Specialist made the
presentation on the bills. He stated that both bills are affiliated with the
development as a part of the Airport 2010 project. Council Member Luecke made a
motion to recommend Bill No. 80 -90 to the Council favorable, seconded by Council
Member Slavinskas. The motion carried. Council Member Puzzello made a motion to
recommend Bill No. 81 -90 to the Council favorable, as amended, seconded by Council'
Member Luecke. The motion carried.
BILLS THIRD READING
ORDINANCE NO. 8129 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT APPROXIMATELY 153 FEET EAST OF THE PRAIRIE
AVENUE AND LOCUST ROAD INTERSECTION ON THE SOUTH SIDE OF
PRAIRIE AVENUE.
This bill had third reading. Council Member Puzzello made a motion to amend this
bill, as amended in the Committee of the Whole, seconded by Council Member
Coleman. The motion carried. Council Member Coleman made a motion to pass this
bill, seconded by Council Member Luecke. The bill passed by a roll call vote of
eight ayes.
ORDINANCE NO. 8130 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1319 N. IOWA STREET IN THE CITY OF SOUTH BEND,
INDIANA.
This bill had third reading. Council Member Niezgodski made a motion to amend this
QUA
bill, as amended in the Committee of the Whole, seconded by Council Member
Puzzello. The motion carried. Council Member Niezgodski made a motion to pass
this bill, seconded by Council Member Puzzello. The bill passed by a roll call
vote of six ayes and two nays (Council Members Luecke and Coleman.)
ORDINANCE NO. 8131 -90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROVING A LEASE FOR CERTAIN LAND AND
PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT
AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION.
This bill had third reading. Council Member Coleman made a motion to amend this
bill, as amended in the Committee of the Whole, seconded by Council Member Luecke.
The motion carried. Council Member Coleman made a motion to pass this bill,
seconded by Council Member Luecke. The bill passed by a roll call vote of seven
ayes and one nay (Council Member Slavinskas.)
ORDINANCE NO. 8132 -90
AN ORDINANCE ANNEXING TO THE CITY OF SOUTH BEND CERTAIN
TERRITORY CONTIGUOUS THERETO.
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
eight ayes.
ORDINANCE NO. 8133 -90 AN ORDINANCE ANNEXING TO THE CITY OF SOUTH BEND CERTAIN
TERRITORY CONTIGUOUS THERETO.
This bill had third reading. Council Member Puzzello made a motion to amend this
bill, as amended in the Committee of the Whole, seconded by Council Member
Coleman. The motion carried. Council Member Puzzello made a motion to pass this
bill, seconded by Council Member Coleman. The bill passed by a roll call vote of
eight ayes.
RESOLUTIONS
RESOLUTION NO. 1812 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY
OF SOUTH BEND, COMMONLY KNOWN AS 419 SOUTH MAIN, SOUTH
BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES
OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR THE
BRIARWOOD SOUTH BEND PARTNERSHIP.
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 419 S. Main, South Bend, Indiana, and
which is more particularly described as follows:
Lot 40 and N 44' of Lot 41 Martins Addition to
City of South Bend, Indiana.
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 section 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 I.C. 6 -1.1- 12.1 -1 et se g., and qualifies under
the provision of South Bend Municipal Code Section 2 -76 et seq., for tax abatement
SECTION II. The Common Council hereby determines and finds the following:
A. That the estimate of the value of the redevelopment or rehabilitation is
reasonable for projects of this nature;
B. That the estimate of the number of individuals who will employed or whose
employment will be retained can reasonably be expected to result from the
proposed described redevelopment or rehabilitation.
C. That 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 redevelopment or rehabilitation;
D. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described
°02
redevelopment or rehabilitation; and
E. That the totality of benefits is sufficient to justify the deduction, all
of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3.
SECTION III. The Common Council 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 Section 6 -1.1- 12.1 -3 of the Indiana Code.
SECTION IV. The Common Council hereby accepts the report and recommendation of t
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 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, 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 i
adoption by the Common Council and approval by the Mayor.
s /Thomas Zakrzewski
A public hearing was held on the resolution at this time. Council Member Luecke
made a motion to amend this bill, he stated that a correction in the title of the
resolution should be made to read Briarwood South Bend Partnership, seconded by
Council Member Coleman. The motion carried. Council Member Luecke stated that the
Human Resources and Economic Development Committee met on this bill and recommends
it to the Council favorable, as amended. Thomas McCalley, Carmel, IN, made the
presentation on the bill. He stated that the project will consist of the
construction of an 8,000 sq. ft. single story office building. He stated that the
building will be used by the local Social Security Administration Office. He
indicated that the Social Security Administration Office lease is not being renewe<
at their current location. He indicated that the project will maintain 36 existin(
permanent full -time jobs and that the estimated dollar value of the project is
$400,000.00. Council Member Puzzello made a motion to adopt this resolution as
amended, seconded by Council Member Coleman. The resolution was adopted by a roll
call vote of eight ayes.
90 -52 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION
DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY
KNOWN AS 715 WEST IRELAND ROAD, SOUTH BEND, INDIANA 46614 TO BE AN
ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL
PROPERTY TAX ABATEMENT FOR THE CONSTRUCTION OF A REDI -MIX CONCRETE PLANT
BY TRANSIT -MIX, INC., AN INDIANA CORPORATION.
90 -53 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION
DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY
KNOWN A 715 WEST IRELAND ROAD, SOUTH BEND, INDIANA 46614 TO BE AN ECONOMI(
REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR THE CONSTRUCTION OF A REDI -MIX CONCRETE PLANT BY
TRANSIT -MIX, INC., AN INDIANA CORPORATION.
Council Member Luecke made a motion to continue the above mentioned bills to the
October 22, 1990 meeting, seconded by Council Member Coleman. The motion carried.
RESOLUTION NO. 1813 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA COMMONLY KNOWN AS 710 - 720 SOUTH
FELLOWS STREET, SOUTH BEND, INDIANA TO BE AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A 6 YEAR REAL PROPE
TAX ABATEMENT FOR THE TECH CENTRE BUILDING.
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 710 - 720
South Fellows Street, South Bend, Indiana and which is more particularly described
as follows:
Lots 59 - 64 & 67 - 72 Rush's 4th Add. & 14' Vac Alley & 27.5' x 239.53' vac.
Rush St. known as parcel #11 Monroe - Sample Redevelopment Area.
103
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 has determined 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 it 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.
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 /Thomas Zakrzewski
A public hearing was held on the resolution at this time. Council Member
Slavinskas made a motion to amend this bill, by changing the number of years in the
title and in Section II to three (3) years, seconded by Council Member Soderberg.
The motion carried. William Panzica, 422 E. Monroe St. made the presentation on
the bill. He stated that the petitioner proposes to construct a 6,400 square foot
building to be used for a warehouse distribution center for Smithkline Beecham
Animal Health Products. He stated that the project will create six (6) new
permanent full time jobs within the first year with an annual payroll of $108,000
and will maintain nine (9) existing permanent full time jobs with an annual payroll
of $162,000. He indicated that the total project cost is expected to be
$300,000.00. Council Member Luecke stated that the Clerk's Office has received
written confirmation from the petitioner to work with the Employment Training
Service.
RESOLUTION NO. 1814 -90 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 2424 NORTH FOUNDATION
DRIVE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA
FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR
NIMET INDUSTRIES, INC.
WHEREAS, a petitioner 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 2424 North Foundation Drive, South Bend,
Indiana, and which is more particularly described as follows:
A parcel of land in part of the South Half of Section 28, Township 38 North,
Range 2 East, German Township, St. Joseph County, Indiana, described as
follows:
Commencing at the southeast corner of said Section ; thence North 90 degrees 00
minutes 00 seconds West 2642.71 feet to the southeast corner of the Southwest
Quarter of said Section; thence South 89 degrees 57 minutes 33 seconds West
171.27 feet; thence North 0 degrees 00 minutes 47 seconds East 528.56 feet;
thence South 89 degrees 59 minutes 13 seconds East 40 feet to the point of
beginning of this description; thence North 0 degrees 00 minutes 47 seconds
East 375.00 feet; thence South 89 degrees 59 minutes 13 seconds East 450.00
feet. thence South 0 degrees 00 minutes 47 seconds West 375.00 feet; thence
North 89 degrees 59 minutes 13 seconds West 450.00 feet to the point of
beginning and containing 3.874 acres, more or less.
The bearing of the South line of the Southeast Quarter of Section 28 is assumed
North 90 degrees 00 minutes 00 seconds West.
be designated as an Economic Revitalization Area under the provisions of Indiana
Code 6 -1.1- 12.1 -1 et se g., 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 Section 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:
0-4
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 I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under
the provisions of South Bend Municipal Code Section 2 -76, et se g., for tax
abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the estimate of the value of the redevelopment or rehabilitation is
reasonable for projects of this nature;
B. That the estimate of the number of individuals who will employed or whose
employment will be retained can reasonably be expected to result from the
proposed described redevelopment or rehabilitation.
C. That 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 redevelopment or rehabilitation;
D. 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
E. That the totality of benefits is sufficient to justify the deduction, all
of which satisfy the requirements of I.C. 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 the
benefits identified in the Statement of Benefits set forth in 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 Section 6 -1.1- 12.1 -3 of the Indiana Code.
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, 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 /Thomas Zakrzewski
Member of the Common CouncilRESOLUTION NO. 1815 -90 A
RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DESIGNATING
CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2424 NORTH FOUNDATION
DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE
(5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR NIMET INDUSTRIES, INC.
WHEREAS, a petition for personal property tax abatement has been filed with the
City Clerk for consideration by the Common Council of the City of South Bend,
requesting that the area commonly known as 2424 North Foundation Drive, South Bend,
Indiana, and which is more particularly described as follows:
A parcel of land in part of the South Half of Section 28, Township 38 North,
Range 2 East, German Township, St. Joseph County, Indiana, described as
follows:
Commencing at the southeast corner of said Section ; thence North 90 degrees 00
minutes 00 seconds West 2642.71 feet to the southeast corner of the Southwest
Quarter of said Section; thence South 89 degrees 57 minutes 33 seconds West
171.27 feet; thence North 0 degrees 00 minutes 47 seconds East 528.56 feet;
thence South 89 degrees 59 minutes 13 seconds East 40 feet to the point of
beginning of this description; thence North 0 degrees 00 minutes 47 seconds
East 375.00 feet; thence South 89 degrees 59 minutes 13 seconds East 450.00
feet; thence South 0 degrees 00 minutes 47 seconds West 375.00 feet; thence
North 89 degrees 59 minutes 13 seconds West 450.00 feet to the point of
beginning and containing 3.874 acres, more or less.
The bearing of the South line of the Southeast Quarter of Section 28 is assumed
North 90 degrees 00 minutes 00 seconds West.
be designated as an Economic Revitalization Area under the provisions of Indiana
Code 6 -1.1- 12.1 -1 et se g., and South Bend Municipal section 2 -76 et seq., and;
105
- - -- - - - --
- - -- _ -_= OCTOBER
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 section 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 Petitioner for
Personal Property Tax Abatement and Statement of Benefits form completed by the
Petitioner meet the requirements of I.C. 6- 1.1- 12.1 -1 et seq., and qualifies under
the provisions of South Bend Municipal Code Section 2 -76, et seq., for tax
abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the estimate of the value of the redevelopment or rehabilitation is
reasonable for projects of this nature;
B. That the estimate of the number of individuals who will employed or whose
employment will be retained can reasonably be expected to result from the
proposed described redevelopment or rehabilitation.
C. That 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 redevelopment or rehabilitation;
D. 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
E. That the totality of benefits is sufficient to justify the deduction, all
of which satisfy the requirements of I.C. 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 the
benefits identified in the Statement of Benefits set forth in 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 Section 6 -1.1- 12.1 -3 of the Indiana Code.
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 five (5) years.
SECTION VII. The Common Council directs the City Clerk to cause notice of the
adoption of this Declaratory Resolution for Personal Property Tax Abatement to be
published, 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 /Thomas Zakrzewski
A public hearing was held on the resolution at this time. Council Member Luecke
made a motion to combine both resolutions for the purpose of public hearing,
seconded by Council Member Coleman. The motion carried. Council Member Luecke
stated that the Human Resources and Economic Development Committee met on these
bills and recommends them to Council favorable. Ernest Szarwark, Attorney, Barnes
& Thornburg, 600 1st Source Bank Center made the presentation on the bill. He
stated that the petitioner proposes to expand its present facility for the use of
additional manufacturing space. He indicated that the expansion will also include
the purchase of new manufacturing equipment. He stated that the project will
create ten (10) new, permanent full time jobs within the first year with an annual
payroll of $145,000 and will maintain sixty (60) existing permanent full time and
three (3) existing permanent part time jobs with an annual payroll of $1,313,700.
He indicated that the total project cost is estimated at $258,000 including
equipment. Council Member Puzzello made a motion to adopt Resolution No. 1814 -90,
seconded by Council Member Coleman. The resolution was adopted by a roll call vote
of six ayes and two nays (Council Members Luecke and Voorde.) Council Member
Luecke made a motion to adopt Resolution No. 1815 -90, seconded by Council Member
166
BILLS. FIRST READING
BILL NO. 82 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY DESCRIBED AS
PARCEL 1: THE 264.87 ACRES KNOWN AS THE TOLL ROAD INDUSTRIAL
PARK LOCATED GENERALLY AT THE NORTHWEST CORNER OF NEW CLEVELAND
ROAD AND MAPLE /PORTAGE ROADS; PARCEL 2: THE 489.5 ACRES
GENERALLY BOUNDED BY OLIVE ROAD ON THE WEST, THE MICHIANA
REGIONAL AIRPORT ON THE EAST, U.S. 20 ON THE SOUTH, AND OLD
CLEVELAND ROAD ON THE NORTH, IN 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.
BILL NO. 83 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE I
NORTHEAST CORNER OF PORTAGE ROAD AND CLEVELAND ROAD IN THE CITY
OF SOUTH BEND, INDIANA.
This bill had first reading. Council Member Puzzello made a motion to refer this
bill to Area Plan, seconded by Council Member Coleman. The motion carried.
BILL NO. 84 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
APPROPRIATING FUNDS FROM THE LEAF COLLECTION AND REMOVAL
SERVICES OPERATIONAL FUND.
This bill had first reading. Council Member Puzzello made a motion to set this
bill for public hearing and third reading October 22, 1990, seconded by Council
Member Voorde. The motion carried.
BILL NO. 85 -90 A BILL AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE TO
ADD ARTICLE 2 THEREUNDER, ENTITLED "CURFEW."
This bill had first reading. Council Member Coleman made a motion to set this bill
for public hearing and third reading October 22, 1990, seconded by Council Member
Voorde. The motion carried.
BILL NO. 86 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
AMENDING ARTICLE 4 OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL
CODE ENTITLED "OFFENSES AGAINST PUBLIC PEACE AND SAFETY."
This bill had first reading. Council Member Luecke made a motion to set this bill '
for public hearing and third reading October 22, 1990, seconded by Council Member
Voorde. The motion carried.
UNFINISHED BUSINESS
NEW BUSINESS
Council Member Slavinskas asked Council Attorney Kathleen Cekanski - Farrand to
research curfew ordinance for the City of Mishawaka and St. Joseph County.
PRIVILEGE OF THE FLOOR
ADJOURNMENT
There being no further business to come before the Council, unfinished or new,
Council Member Niezgodski made a motion to adjourn, seconded by Council Member
Coleman. The motion carried and the meeting was adjourned at 8:50 p.m.
ATTEST: APPROVED:
City Clerk