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HomeMy WebLinkAbout11-12-91 Council Meeting MinutesX54 REGULAR MEETING NOVEMBER 12, 1991 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Tuesday, November 12, 1991, at 4:00 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, Duda, Coleman and Ladewski Absent: None REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the October 28, 1991 meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Tom Zakrzewski /s /Don Niezgodski Council Member Puzzello made a motion that the minutes of the October 28, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Council Member Coleman made a motion to suspend the rules and have public hearing on Resolution 91 -69, seconded by Council Member Zakrzewski The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 1893 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT THE U. S. SENATE APPROVE THE PENSION RESTORATION ACT AMENDMENT TO THE OLDER AMERICANS ACT. WHEREAS, on December 9, 1963, over 8,000 Studebaker workers lost their jobs, and for many, they simultaneously lost their pension benefits; and WHEREAS, in 1974, after hearing hours of testimony from workers, many of whom were former Studebaker employees, Congress passed the Employees Retirement Income Security Act (ERISA) which became the first comprehensive pension protection act in the United States; and WHEREAS, ERISA protected only pension plans which were in effect in 1974, resulting in former Studebaker workers, and 244,000 other workers, not being protected or covered; and WHEREAS, the Pension Restoration Act, which is being heard today before the U.S. Senate, would provide retirees who lost their pensions before 1974, an annual amount of $75.00 per year of service, or $1,500.00 annually for a 20 -year employee, with a surviving spouse of a deceased employee receiving one -half that amount; and WHEREAS, if the Pension Restoration Act Amendment to the Older Americans Act is passed 40,000 Americans nationally who lost their pensions would receive such benefits, of which 2,000 would be former Studebaker employees. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council and the Mayor of the City of South Bend, Indiana, on behalf of the thousands of hard - working former employees who lost their pensions, urge the U.S. Senate to pass the pension Restoration Act Amendment to the Older Americans Act. SECTION II. The Council notes that approximately 2,000 former Studebaker employees or their spouses would benefit from such a new law. SECTION III. The City of South Bend, Indiana, believes that by providing these modest financial benefits, that our government would be helping to "right the wrong ", by assisting these former workers and their families. SECTION IV. This Resolution shall be in full force and effect from and after its adoption and approval by the Mayor. /s/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Ladewski read the resolution. Mayor Kernan spoke in favor of the resolution. Council Member Puzzello made a motion to adopt the resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. The motion carried COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on November 12, 1991 at 4:12 p.m., with nine members present. Chairman Duda presiding. BILL NO. 67 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST NORTH -SOUTH ALLEY EAST OF MAIN STREET, RUNNING NORTH FROM COLFAX AVENUE FOR A DISTANCE OF APPROXIMATELY ONE HUNDRED NINETY -EIGHT FEET (198') TO THE SOUTHERN BOUNDARY OF THE FIRST EAST -WEST ALLEY SOUTH OF LASALLE STREET BETWEEN MICHIGAN AND MAIN STREETS, ALL IN THE CITY OF SOUTH BEND, INDIANA. Council Member Luecke made a motion to continue this bill until November 25, seconded by Council Member Coleman. The motion carried. Council Member Niezgodski made a motion to combine public hearing on bill nos. 68 -, 69 and 70 -91, seconded by Council Member Coleman. The motion carried. BILL NO. 68 -91 A BILL APPROPRIATING $56,000.00 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SOUTH BEND HUMAN RIGHTS COMMISSION OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR BEGINNING SEPTEMBER 22, 1991 AND ENDING SEPTEMBER 21, 1992. BILL NO. 69 -91 A BILL APPROPRIATING REVENUE IN THE AMOUNT OF $2,250.00 FROM THE FAIR HOUSING CONFERENCE HELD IN APRIL 1991. BILL NO. 70 -91 A BILL APPROPRIATING REVENUE IN THE AMOUNT OF $1,650.00 FROM THE FAIR HOUSING AWARDS DINNER IN SEPTEMBER 1991. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Luecke indicated the Human Rights Commission had met on these bills and recommended them to the Council favorably. Cynthia Love -Bush made the presentation for the bills. She indicated these appropriated funds used for the purpose of defraying the expenses of the Human Rights Commission. Council Member Coleman made a motion to recommend Bill No. 68 -91 to the Council favorable, seconded by Council Member Luecke. The motion carried. Council Member Zakrzewski made a motion to recommend Bill No. 69 -91 to the Council favorable, seconded by Council Member Luecke. The motion carried. Council Member Coleman made a motion to recommend Bill No. 70 -91 to the Council favorable, seconded by Council Member Luecke. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: _City Clerk REGULAR MEETING RECONVENED ATTEST: 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 4:17 p.m. Council President Niezgodski presiding and nine members present. BILLS. THIRD READING ORDINANCE NO. 8221 -91 AN ORDINANCE APPROPRIATING $56,000.00 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SOUTH BEND HUMAN RIGHTS COMMISSION OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR BEGINNING SEPTEMBER 22, 1991 AND ENDING SEPTEMBER 21, 1992. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. NO. 8222 -91 AN ORDINANCE APPROPRIATING REVENUE IN THE AMOUNT OF $2,250.00 FROM THE FAIR HOUSING CONFERENCE HELD IN APRIL 1991. This bill had third reading. Council Member Duda made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. rc56 I- ORDINANCE NO. 8223 -91 AN ORDINANCE APPROPRIATING REVENUE IN THE AMOUNT OF $1,650.00 FROM THE FAIR HOUSING AWARDS DINNER IN SEPTEMBE 1991. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1894 -91 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 1702 WEST WASHINGTON AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR ADAMS ENGINEERING, INC. EXPANSION PROJECT. 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 1702 w. Washington, South Bend, Indiana, and which is more particularly described as follows: PARCEL I. A lot or parcel of land in the City of South Bend, located in the East half of the northeast quarter of section number ten (10, Township number thirty -seven (37) north, range number two (20 east, bounded by a line running as follows, viz: Beginning at a point in the South line of West Washington Avenue 7.58 feet West from a point where the West line of College Street extended South would intersect the south line of said West Washington Avenue thence South 208 feet; thence West 395.87 feet; thence north 208 feet to the south line of Washington Avenue, thence east along the south line of Washington Avenue a distance of 395.87 feet to the place of beginning. PARCEL II. Also, beginning at a point in the South line of West Washington Avenue 7.58 feet west from a point where the west line of College Street extended south would intersect the south line of Washington Avenue and being at the northeast corner of the above described tract; thence south along the east line of the above described tract 293.6 feet to an iron stake; thence east 19.69 feet, mor or less, to the southwest corner of a tract of land conveyed to the South Bend Wholesale Drug Company be deed recorded in Deed Record 333 page 336; thence north 293.6 feet, mor or less, to a point in the south line of West Washington Avenue 20 feet East of the place of beginning; thence West 20 feet to the place of beginning, subject, however, to a perpetual easement of right of way in common with the Grantees at all times and for all purposes over the following real estate for the use and benefit of the South Bend Drug Co., Inc.; A part of the east half (1/2) of the northeast quarter (1/4) of section ten (10), Township Thirty -seven (37) north, range two (2) east, described as follows: Beginning at a point on the south line of Washington Avenue which is 389.87 feet west of a point which is 7.58 feet west from the west line of College Street extended south to the South line of Washington Avenue; thence due south 133.5 feet; thence easterly 321.3 feet to a point 130.3 feet due south from the south line of Washington Avenue; thence in a southeasterly direction 102 feet to an iron stake, which iron stake is 208 feet due south from Washington Avenue; thence north 46.2 feet; thence in a northwesterly direction 80.3 feet to a point 100.3 feet due south from the south line of Washington Avenue; thence westerly 305.6 feet to a point due South 103.5 feet to a point on the South line of Washington Avenue which is 30 feet east of the place of beginning, thence west 30 feet to the place of beginning. and which has Key Number 18 0200 10002 and 18 0200 10005, 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. 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 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 seq., for tax abatement. Section II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. u J O 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 of rehabilitation: D. 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; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the 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 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 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 purposed 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 Six (6) 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. Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke reported that the Human Resources Committee had met on this resolution and recommended it to the Council favorably. Ernest Szarwark, attorney, made the presentation. He indicated that the petitioner planned to rehabilitate 5,000 square feet of its existing building to move a subsidiary company from Mishawaka to South Bend. He indicated four new jobs will be created. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Duda. Council Member Slavinskas made a public disclosure that his company does business with Adams Engineering, however, there was no conflict of interest. The Council attorney agreed there was no conflict of interest. The resolution was passed by a roll call vote of nine ayes. RESOLUTION NO. 1895 -91 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 4202 TECHNOLOGY DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR FRANK DARNELL WAREHOUSE EXPANSION PROJECT. 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 4202 Technology Drive, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Four (4) as shown on the recorded Plat of Landmark Business Park, Section Three (3), recorded April 18, 1985, in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 8506870. and which has Key Number 25 1017 060604, 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. and; WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to �4,,e'S 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 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 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 of rehabilitation: D. 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; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the 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 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 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 purposed 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 Six (6) 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. Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke reported that the Human Resources Committee had met on this resolution and recommended it to the Council favorable. Thomas Brunner, attorney, made the presentation. He indicted Frank Darnell is owner of the property and Richmond Wholesale, which is located that address. He indicated they planned to purchase land and erect a warehouse, processing and shipping center, which will consolidate warehouse operations located in Niles, and Kokomo into South Bend. He indicated that 15 new jobs will be created. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to combine public hearing on the next two resolutions, seconded by Council Member Coleman. The motion carried. I� C)59 RESOLUTION NO. 1896 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR 1992 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for Community Development Act of 1974, as amended. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, 111ndiana as follows: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to submit the 1992 Community Development Block Grant Application to the United States Government under Title I of the Housing and Community Development Act of 1974, as amended, and take all other necessary actions to secure funds. SECTION II. That the Common Council of the City of South Bend, Indiana hereby requests that the Mayor submit the 1992 Community Development Block Grant Application to the Common Council for review and comment prior to the date upon which the Community Development Block Grant Application must be filed with the Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Community Development Block Grant funds received upon approval of this application. SECTION IV. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Donald Niezgodski Member of the Common Council RESOLUTION NO. 1897 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR SECTION 108 LOAN GUARANTEE FUNDS FOR WEST WASHINGTON - CHAPIN DEVELOPMENT AREA UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for Section 108 Loan Guarantee Funds under Title I of the Housing and Community Development Act of 1974, as amended. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to submit an application for Section 108 Loan Guarantee Funds for the West Washington- Chapin Development Area to the United States Government under Title I of the Housing and Community Development Act of 1974, as amended, and take all other necessary actions to secure funds. SECTION II. That the Common Council of the City of South Bend, Indiana hereby requests that the Mayor submit the Application for 108 Loan Guarantee Funds for West Washington- Chapin Development Area to the Common Council for review and comment prior to the date upon which the Section 108 Loan Guarantee Funds Application must be filed with the Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Section 108 Loan Guarantee funds received upon approval of this application. SECTION IV. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Donald Niezgodski Member of the Common Council A public hearing was held on the resolutions at this time. Council Member Luecke reported that the Human Resources Committee had met on this resolution and recommended it to the Council favorable. Beth Leonard, Economic Development, made the presentation. She indicated these resolutions were the last steps in the annual process of submitting the application to H.U.D. for the block grant funds. Council Member Luecke made a motion to adopt 91 -65, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. Council Member Luecke made a motion to adopt 91 -66, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. 260 � � m tri •iii I� RESOLUTION NO. 1898 -91 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 CLAY 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 Clay Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is located to the southwest of the intersection of Douglas Road and Hickory Road, extended, and developable land, the development of which land 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 Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed, which plan and policy 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 the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana, be annexed to the City of South Bend: A parcel of land being a part of the Northeast Quarter of Section 32, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana, being more particularly described as follows: Beginning at the Northeast corner of the Northeast Quarter of said Section 32; Thence, West along the North Section Line of said Section 32 to a point which is 325.7 feet east of the Northwest Corner of the East one -half of the Northeast Quarter of said Section 32, also being the Northeast corner of property described as St. Joseph County, Indiana Tax Key Number 02- 2032 - 0548.01; Thence, South a distance of 220 feet along the East line of said Tax Key Number 02 -2032- 0548.01 to the southeast corner of said Tax Key Number 02- 2023 - 0548.01; Thence, West a distance of 187.70 feet along the South line of said Tax Key Number 02- 2023 - 0548.01 to the Southwest Corner of said Tax Key Number 02- 2023 - 0548.01, also being a point on the east line of Tax Key Number 02- 2023 -0548; Thence, South a distance of 243.72 feet along the East line of said Tax Key Number 02- 2023 -0548 to the Southeast corner of said Tax Key Number 02 -2023 -0548; X61 Thence, West a distance of 135 feet along the South Line of Tax Key Number 02- 2023 -0548 to the Southwest corner of said Tax Key Number 02- 2023 -0548, also being a point on the East line of Dugdale Acres 2nd Addition; Thence, South a distance of 288 feet along the East Line of Dugale Acres 2nd Addition to the Northwest corner of Tax Key Number 02- 2023 - 0548.10; Thence, East a distance of 510 feet along the North line of Tax Key Numbers 02- 2023 - 0548.10, 02- 2023 - 0548.12, 02- 2023 - 0548.09 and 02- 2023 - 0548.07 to the Northeast corner of said Tax Key Number 02- 2023 - 0548.07; Thence, South a distance of 227 feet along the East line of said Tax Key Number 02- 2023 - 0548.07 to the North Right of Way Line of McErlain Street, a 40 feet wide right of way; Thence, East a distance of 363 feet, more or less, along the said North Right of Way line of McErlain Street and its extension, also being the South line of Tax Key Number 02- 2023 - 0548.13, to the Southeast corner of said Tax Key Number 02- 2023 - 0548.13, also being Northeast corner of Tax Key Number 02- 2023 - 0548.05; Thence, South a distance of 315 feet, more or less, along the East line of said Tax Key Number 02- 2023 - 0548.05 to the Southeast corner of said Tax Key Number 02- 2023 - 0548.05, also being a point on the North line of Tax Key Number 02- 2023 -0549 also being a South Bend City Limit; Thence, East a distance of 218 feet, more or less, along the North line of said Tax Key Number 02- 2023 -0549 and the South Bend City Limit to the Northeast corner of said Tax Key Number 02- 2023 -0549; Thence, South a distance of 1321.70 feet along the East line of said Tax Key Number 02- 2023 -0549, also being a South Bend City Limit, to the Centerline of Hepler Road, also being the South line of the said Northeast 1/4 of Section 32, T38N, R3E and a South Bend City Limit; Thence, East a Distance of 245.00 along the said South line of the said Northeast 1/4 of Section 32, T38N, R3E and the South Bend City Limit to East line of said Section 32; Thence, North along the said East line of Section 2 to the Northeast corner of said Section 32, the place of beginning. 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 Attachment "B ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Adopted this day of , 1991. Member, Common Council A public hearing was held on the resolution at this time. Dave Norris, Economic Development, made the presentation for the resolution. He indicated this land was important to the City's development plans to the northeast. He indicated there are no development plans are present, however, the land will probably be used for single family homes. Dave Sherrone, Clay Township Fire Department, spoke against the annexation of this land because of the distance from life support systems which are dispatched from downtown South Bend. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of seven ayes and two nays (Council Members Slavinskas and Duda.) RESOLUTION 91 -67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENTERING INTO AN INTERLOCAL AGREEMENT CONCERNING THE PURCHASE OF SOFTWARE. uG2 Since there was no one to make the presentation for this resolution, Council Member Luecke made a motion to continue this until the next meeting, seconded by Council Member Zakrzewski. The motion carried. BILLS, FIRST READING BILL NO. 71 -91 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on December 9, seconded by Council Member Luecke. The motion carried. BILL NO. 72 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF INWOOD AND IRONWOOD ROADS IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 73 -91 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY NORTH OF CEDAR STREET, RUNNING EAST FROM ST. PETER STREET, FOR A DISTANCE OF APPROXIMATELY 345 FEET TO NOTRE DAME AVENUE, ALL IN CHAPOTON PLACE SUBDIVISION OF COTTRELL'S ADDITION TO LOWELL, AND ST. PETER STREET, FROM MINER STREET RUNNING, SOUTH TO CEDAR STREET, FOR A DISTANCE OF APPROXIMATELY 322 FEET. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on November 25, seconded by Council Member Luecke. The motion carried. BILL NO. 74 -91 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 1991. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on November 25, seconded by Council Member Duda. The motion carried. BILL NO. 75 -91 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 1991. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on November 25, seconded by Council Member Duda. The motion carried. BILL NO. 76 -91 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1992, AND ENDING DECEMBER 31, 1992, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on November 25, seconded by Council Member Puzzello. The motion carried. BILL NO. 77 -91 A BILL APPROPRIATING $2,855,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1992, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Human Resources Committee and set it for public hearing and third reading on November 25, seconded by Council Member Duda. The motion carried. BILL NO. 78 -91 A BILL APPROPRIATING $450,000.00 OF SECTION 108 FUNDS, PLUS INTEREST EARNED THEREON, FOR USE IN WEST WASHINGTON - CHAPIN DEVELOPMENT AREA. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Human Resources Committee and set it for public hearing and third reading on November 25, seconded by Council Member Coleman. The motion carried. There being no further business to come Council Member Luecke made a motion to The motion carried and the meeting was ATTEST: �-L, Ci_tv'Clerk before the Council unfinished or new, adjourn, seconded by Council Member Coleman. adjourned at 5:05 p.m. _ .in ��