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HomeMy WebLinkAbout08-13-84 Council Meeting MinutesREGULAR MEETING AUGUST 13, 1984 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, August 13, 1984, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Serge, Braboy, Puzzello, Taylor, Crone, Paszak, Voorde and Beck Absent: Council Member Zakrzewski REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would res- pectfully report that it has inspected the minutes of the July 23, 1984, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Beverlie J. Beck Isl Ann Puzzello Council Member Serge made a motion that the minutes of the July 23, 1984, meeting of the Council be accepted and placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS Council Prsident Beck announced there would be a meeting regarding the Frederickson house on Thursday, at 3:00 p.m. She announced there would be a public hearing on the budget on August 20 at 7:00 p.m. Council President Beck announced the appointment of Ann Puzzello to the Energy Commission. Council Member Puzzello read the budget meetings scheduled for the week. REPORTS Council Member Taylor indicated the Public Safety Committee had met on Bill No. 80- 84 and recommended it favorable. Council Member Braboy indicated that the Human Resources Committee had met on resolutions D &E and recommended them favorble. Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill No. 59 -84 and recommended it favorable. He asked Council Member Braboy to read - the following letter regarding Bill No. 60 -84: August 9, 1984 Mrs. Beverlie J. Beck President, South Bend Common Council Council Chambers 4th Floor, County -City Building South Bend, IN 46601 Re: Zoning Petrition of Atlas Truck Rental and Leasing, Inc., and Lincolnway Properties Dear Mrs. Beck: This is to formally request that the above - captioned zoning petition be withdrawn. The petitioners are not going forward with the rezoning request which is set for public hearing before the Council Monday, August 13, 1984. A copy of this letter has been forwarded to Michael F. Passwater, one of the remonstrators with the requst that Mr. Passwater notify the neighbors. Very truly yours, BARNES & THORNBURG /s/ Richard W. Morgan Council Member Serge indicated that the Utilities Committee had met on Bill No. 81- 84, and recommended it favorable. Council Member Puzzello indicated that the Personnel and Finance Committee had met on Bill No. 82 -84 and recommended it favorable. _ REGU -LAR = MEETING s _- _- _ _. __ _ .AUGUST. Larry Magliozzi, from Area Plan, introduced their new planner Duane Burrow. Council Member Serge made a motion to resolve into the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on July 23, 1984, at 7:10 p.m., with nine members present. Chairman Serge presiding. BILL NO. 67 -84 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY"), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (CROWE, CHIZEK AND COMPANY PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF THREE MILLION FIVE HUNDRED THOUSAND DOLLARS ($3,500,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. Council Member Serge made a motion to continue this bill to August 27, 1984, seconded by Council Member Voorde. The motion carried. BILL NO. 78 -84 A BILL AUTHORIZING THE ISSUANCE OF $985.000.00 ECONOMIC DEVELOPMENT REVENUE BONDS CENTER CITY HOUSING PROJECT) OF THE CITY OF SOUTH BEND, INDIANA FOR THE PURPOSE OF FUNDING A LOAN TO CENTER CITY HOUSING, AND INDIANA LIMITED PARTNERSHIP, IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN REAL ESTATE AND ECONOMIC DEVELOPMENT FACILITIES LOCATED WITHIN ST. JOSEPH COUNTY, INDIANA, FOR USE BY CENTER CITY HOUSING: AUTHORIZING EXECUTION OF THE FINANCING AGREEMENT, AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF THE REVENUES FROM THE FINANCING AGREEMENT: AND AUTHORIZING THE TERMS AND SALE OF SAID BONDS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this bond issue would be used to acquire, ehab and install a 70 unit multi - family rental housing project located at 322 N. Jefferson, 618 -628 W. Colfax, and 617 -625 W. Washington. He indicated approximately 20 people would be hired. Michael Murphy, attorney for the petitioner, spoke in favor or this bond issue. Council Member Voorde made a motion recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 59 -84 ABILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (IRELAND ROAD.) 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 accept the substitute bill on file with the City Clerk, seconded by Council Member Taylor. The motion carried. Larry Magliozzi, of Area Plan, read their staff report, which was favorable. Kenneth Fedder, attorney for the petitioner, indicated they planned to build a Hardee`s restaurant at this location. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Paszek. The motion carried. BILL NO. 60 -84 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (ELWOOD AND BENDIX.) Council Member Voorde made a motion to strike this bill, seconded by Council Member Braboy. The motion carried. BILL NO. 79 -84 A BILL TRANSFERRING $895.00 BETWEEN VARIOUS ACCOUNTS WITHIN THE COMMON COUNCIL BUDGET. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council President Beck indicated this transfer from various accounts, to the office equipment account, would bring that balance to $1,395.00, and would allow the Council to purchase a small copier. She indicated this transfer was necessary in order to purchase a copier that will assist us in our duties. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 80 -84 A BILL APPROPRIATING $103,000.00 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND FOR EQUIPMENT AND REPAIRS FOR THE SOUTH BEND FIRE DEPARTMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Tim Brassell, Fire Chief, made the presentation for the bill. He indicated this appropriation would be used to purchase self- contained breathing apparatus; new 5 hose; two compact cars; enlarging REGULAR MEETING AUGUST 13, 1984 the bay doors of Station #3 to accomodate an aerial truck, and repair the hosetower and front apron of the driveway. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 81 -84 A BILL APPROPRIATING $30,000 FROM TH: BUILDING AND SINKING FUND TO PROJECT BRICK SEWER ON LELAND AVENUE, WITHIN BUILDING AND SINKING FUND TO PROJECT BRICK SEWER ON LELAND AVENUE, WITHIN BUILDING AND SINKING FUND. E CUMULATIVE SEWER CS 827, REPAIR OF THE CUMULATIVE SEWER CS 827, REPAIR OF THE CUMULATIVE SEWER This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation would be used to repair the brick sewer on Leland, starting at California and going north a distance of approximately 175 feet. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Braboy. The motion carried. BILL NO. 82 -84 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE PARKING RATES FOR ALL CITY - OPERATED FLAT LOTS, THE COLFAX STREET PARKING GARAGE, AND THE JEFFERSON STREET PARKING GARAGE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Michael Vance, City Controller, made the presentation for the bill. He indicated this bill would leave all current individual, hourly, daily and monthly fees intact, but will enable the City to negotiate volume discount rates; i.e., 5 through 19 - $27 a month, 20 through 49 - $24.00 a month; 50 through 99 - $20.00 per month; 100 and over - $15.00 per month. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Braboy. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Serge made a Taylor made a motion to rise and report to the Council, seconded by Council Member Puzzello. The motion carried. ATTEST: ATTEST: Cit Clerk hair an 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 7:35 p.m. Council President Beck presiding and eight embers present. BILLS, SECOND READING ORDINANCE NO. 7361 -84 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $985.000.00 ECONOMIC DEVELOPMENT REVENUE BONDS CENTER CITY HOUSING PROJECT) OF THE CITY OF SOUTH BEND, INDIANA FOR THE PURPOSE OF FUNDING A LOAN TO CENTER CITY HOUSING, AND INDIANA LIMITED PARTNERSHIP, IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN REAL ESTATE AND ECONOMIC DEVELOPMENT FACILITIES LOCATED WITHIN ST. JOSEPH COUNTY, INDIANA, FOR USE BY CENTER CITY HOUSING: AUTHORIZING EXECUTION OF THE FINANCING AGREEMENT, AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF THE REVENUES FROM THE FINANCING AGREEMENT: AND AUTHORIZING THE TERMS AND SALE OF SAID BONDS. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7362 -84 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (IRELAND ROAD.) This bill had second reading. Council Member Taylor made a motion to amend this bill, seconded by Council Member Serge. The motion carried. Council Member Puzzello made a motion to pass the bill, as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7363 -84 AN ORDINANCE TRANSFERRING $895.00 BETWEEN VARIOUS ACCOUNTS WITHIN THE COMMON COUNCIL BUDGET. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Braboy. The bill passed by a roll call vote of eight ayes. REGULAR MEETING AUGUST-13,--19-8-4 ORDINANCE NO. 7364 -84 AN ORDINANCE APPROPRIATING $103,000.00 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND FOR EQUIPMENT AND REPAIRS FOR THE SOUTH BEND FIRE DEPARTMENT. This bill had second reading. Council Member Braboy made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7365 -84 AN ORDINANCE APPROPRIATING $30,000 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 827, REPAIR OF BRICK SEWER ON LELAND AVENUE, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7366 -84 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE PARKING RATES FOR ALL CITY- OPERATED FLAT LOTS, THE COLFAX STREET PARKING GARAGE, AND THE JEFFERSON STREET PARKING GARAGE. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 1182 -84 A'RESOLUTION CONFIRMING THE,ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS PARCELS 6 AND 8 IN MONROE- SAMPLE.AREA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF TAX ABATEMENT WHEREAS, the Common Council of the City of South Bend 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 J & G Realty, Parcels 6 and 8 in Monroe- Sample Area, South Bend, Indiana, and more particularly described by a line drawn as follows:. Parcel I: Lots Numbered 141, 142, 143, 144, 145, 146, 149, 150, 151, 152, 153, and 154 in Edward H. Rush's First Addition to the City of South Bend, as found in Plat Book 7, page 8, in the office of the Recorder for St. Joseph County, South Bend, Indiana, described more specifically as follows: Beginning at the Northwest corner of Lot 149 in said Edward H. Rush's First Addition; thence along the easterly right -of -way of Rush Street, South 0004' East, 249.2 feet, to the southerly boundary of said Edward H. Rush's First Addition, also being the centerline of a 12 foot alley; thence along said southerly boundary, south 890 51' East, 279.1 feet, to the centerline of said Clinton Street, North 00 03' West, 249.1 feet, to a easterly extension of the northerly boundary, of lot 141 in Edward H. Rush's First Addition; thence on said easterly extension, the northerly boundary of lots 141 and 149, and across a 12 feet wide north -south alley, North 890 49' West 279.1 feet, to the point of beginning. EXCEPT, the west 5 feet thereof. Parcel is subject to all easements of record. Parcel II: Lots 1,2 ,3,4,5,6,7,10,11,12,13,14,15, and "C" in Rachel Gallagher's First Addition to the City of South Bend, Indiana, as found in Plat Book 5, page 22 in the Office of the Recorder for St. Joseph County, South Bend, Indiana, and described more specifically as follows: Beginning at the southwesterly corner of Lot 7, in said Rachel Gallagher's First Addition; thence along the easterly right -of -way of Rush Street, North 00 04' West 299.9 feet, to the northerly boundary of said Rachel Gallagher's First Addition, also being the center line of a 12 foot alley; thence along said northerly boundary, South 890 51' East, 279.1 feet, to the center line of Clinton Street; South 890 51' East, 279.1 feet, to the center line of Clinton Street; thence along the center line of said Clinton Street, South 00 03' east, 314 feet, to an easterly extension of the southerly boundary, of Lot 16 in Rachel Gallagher's First Addition; thence on said easterly extension of and the southerly boundary of Lot 16, North 890 51' West, 146 feet, to the easterly right -of -way, of a 12 foot alley; thence along said alley right -of -way, North 00 04' West, 14.1 feet, to the southerly boundary of Lot 7, in said Rachel Gallaher's First Addition and an extension of said southerly boundary; thence long said southerly boundary and extension of, North 890 51' West, 133 feet, to the point of beginning. EXCEPT that portion lying westerly, of a line parallel with and 5 feet easterly of the easterly right -of -way, of said Rush Street in said Rachel Gallagher's First Addition. REGULAR MEETING AUGUST 13, 1984 ALSO EXCEPT A triangular shaped portion, taken off of the westerly corner of Lot 6, in said Rachel Gallagher's First Addition, described as follows: Beginning at the southwesterly corner of Lot 7, in said Rachel Gallagher's First Addition; thence North 00 04' West, 45 feet; thence South 440 57' East, 63.8 feet; thence North 890 51' West, 45 feet, to the point of beginning. 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. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only and is limited to five (5) calendar years from the date of adoption of a Declaratory Resolution by the Common Council. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck A public hearing was held on the resolution at this time. Harold Slutsky, 1302 W. Washington, indicated this was a reaffirmation of a tax abatement resolution passed at the last meeting, for Slutsky - Peltz. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Braboy. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1183 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A FIRE DEPARTMENT LEASE PURCHASE AGREEMENT. Recognizing the need of the South Bend Fire Department for periodic replacement and acquisition of firefighting equipment, it is the Common Council's belief that it is in the best interest of public safety to approve a lease pruchase agreement for the acquisition for a 1984 Pirsch 110' Sky Top Aerial Apparatus with pump. Member o WHEREAS, the South Bend Fire Department has a need to obtain a new aerial apparatus; and WHEREAS, the Board of Public Works, on behalf of the Fire Department, received competitive bids for same and on June 19, 1984, awarded a contract to Peter Pirsch and Son Company of Kenosha, Wisconsin for purchase of same; and WHEREAS, AN Emergency Medical Service Fund has been established to provide funds for the purchase of firefighting materials, and equipment; and WHEREAS, the purchase of said apparatus is to be financed through a Lease Purchase Agreement with Marquette Lease Services, Inc., of Minneapolis, Minnesota; and WHEREAS, the total cost of said apparatus shall be Two Hundred Fourteen Thousand Six Hundred Thirty Five Dollars ($214,635.00), plus trade -in, plus an interest rate of 9.8 %, with annual payments of Sixty Three Thousand Seven Hundred Sixty Nine Dollars and 20/100 ($63,769.20) due in 1985, 1986, 1987, and 1988, for a total cost of Two Hundred fifty Five Thousand Seventy Six Dollars and 80/100 ($255,076.80). NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: SECTION I. The Lease Purchase Agreement with Marquette Lease Services, Inc..for the purchase of a 1984 Pirsch 110' Sky top Aerial Apparatus with pump is approved. SECTION II. The Common Council of the City of South Bend _intends to appropriate . sufficient funds from the Emergency Medical Services Fund in the 1985, 1986, 1987 and 1988 budget years to cover payments due on said Lease Purchase Agreement. SECTION III. This resolution shall be in full force and effect upon passage by the Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Council ____REGULAR_ MEETING.__.____ Y. _ __ ._ __ ._AUGUST_. 13,-198t.- A public hearing was held on the resolution at this time. Tim Brassell, Fire Chief, indicated the proposed purchase would be made from the emergency medical service fund. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 11,84-84 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, IDNIANA, RELATING TO: AUTOMATIC MOLDED PLASTICS, INC., AND AQUARIUS TOOL AND MOLD, INC. PROJECT. WHEREAS, at the present time, there are insufficient employment opportunities and insufficient diversification of business, commerce and.industry and insufficient tax base in the City of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition and construction of economic development facilities, pursuant to the provisions of Ind. Code S36 -7 -12 (the "Act "); and WHEREAS, Automatic Molded Plastics, Inc. and Aquarius Tool and Mold, Inc. desire to acquire certain economic development facilities in South Bend, Indiana, provided that the city will finance a portion of the costs of such facilities, pursuant to the Act, which facilities will constitute economic development facilities, as defined in the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by Automatic Molded Plastics, Inc. and Aquarius Tool and Mold, Inc. for the issuance of City of South Bend Economic Development Revenue Bonds in he amount of One Million Five Hundred Thousand and No /100 Dollars ($1,500,000.00) for a period of ten (10) years, with interest at the fixed rate of ten per cent (10 %) for the following economic development facilities ( "Project "); A. Automatic Plastics, Inc. will acquire: Six (6) New injection Molding Machines Support Equipiment• Water TemperatureCOntrol lUnits Oil Temperature Control Units Material Dryers Material Loaders Material Grinders B. Aquarius Tool & Mold, Inc. will acquire: One General Electric Calma System Competer Aided Design /Computer Aided Machinery Two (2) CNC Bed Milling Machines One (1) CNC Wire Electrical Discharge Machine One (1) CNC Lathe One (1) Programmable Electrical Discharge Machine resulting in the addition of approximately one hundred sixty -four (164) new jobs and an increased annual payroll of approximately Three Million One Hundred sixty -one Thousand Eight Hundred Forty and No /100 Dollars ($3,161,840.00). NOW, THEREFORE, the Common Council of the City of South Bend, Indiana, moves as follows: 1. The Project constitutes economic development facilities which shall be financed by the City through the issuance of revenue bonds pursuant to the Act, and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately One Million Five Hundred Thousand and No /100 Dollars ($1,500,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. The proposed financing of the Project by the City for Automatic Molded Plastics, Inc. and Aquarius Tool and Mold, Inc. is hereby found to comply with the purposes and provisions of the Act and Automatic Molded Plastics, Inc. and Aquarius Tool and Mold, Inc. may proceed with the Project in reliance upon this resolution. 4. The South Bend Economic Development Commission shall take such action as is necessary to facilitate the issuance of Industrial Development Revenue Bonds (the "Bonds ") by the City of South Bend, Indiana, for the Project, but that all costs and expenses incurred in the issuance shall be Project costs to be disbursed from the proceeds of the Bonds. 5. The South Bend Economic Development Commission, the South Bend Common Council and the City shall not be liable if the issuance of the Bonds is not consummated. This Inducement Resolution shall be in full force and effect from and after its adoption by the Common Council and aprrved by. the Mayor. REGULAR MEETING AUGUST 13, 1984 /s/ Beverlie J. Beck em er ot the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, indicated that Automatic Molded Plastics was continuing to expand its South Bend operations. He indicated when the new machinery is in full operation this could result in approximately 164 additional job could be created. Council Member Serge made a motion to adopt this resolution, seconded byCouncil Member Voorde. The resolution was adopted by a roll call vote of eight ayes. Council Member Crone made a motion to combine public hearing on the next two resolution, seconded by Council Member Voorde. The motion carried. RESOLUTION NO. 1185 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREASWITHIN THE CITY COMMONLY KNOWN AS PHASE I - AIRPORT INDUSTRIAL PARK AN ECONOMIC REVITALIZATION ARA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT. 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 J &G Realty, Parcels 6 and 8 in Monroe - Sample Area, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A tract or parcel of land located in the Southwest quarter of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, more particularly described as follows: Beginning at a point which is One Hundred Ninety -five and eighteen Hundredths (195.18) feet North and Eight Hundred Fifty -five and Fifty -four Hundredths (855.54) feet Easterly of the center of said Section 33, said point being on the North line of Progress Drive; thence North 00 19151" East a distance of Four Hundred Sixty -eight and Seventy -three Hundredths (468.73) feet to the South line of the St. Joseph County Airport; thence South 890 59' 38" East on and along the South line of said St. Joseph County Airport a distance of Four Hundred Thirty -nine and Ten Hundredths (439.10) feet; thence South 00 18' 51" West a distance of Four Hundred Seventy and Sixty -five Hundredths (470.65) feet to the North line of Progress Drive; thence North 890 40' 09 West a distance of Four Hundred Thirty -nine and Seventy -one Hundredths (439.71) feet to the point of beginning. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission 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 has further prepared maps and plats showing the boundaries and such other information as required by law of the area in question; 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. That 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 II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. I SECTION III. That the Common Council directs the City Clerk to cause notice of the adopotion of this rsolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this Resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Bevelrie J. Beck Member of the Common Council RESOLUTION NO. 1186 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS PHASE I - AIRPORT INDUSTRIAL PARK AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. REGULAR MEETING AUGUST 13, 1984 WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as J &G,Realty, Parcels 6 and 8 in Monroe- Sample Area, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A tract or parcel of land located in the Southwest quarter of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, more particularly described as follows: Beginning at a point which is One Hundred Ninety -five and eighteen Hundredths (195.18) feet North and Eight Hundred Fifty -five and Fifty -four Hundredths (855.54) feet Easterly of the center of said Section 33, said point being on the North line of Progress Drive thence North Oo 19151" East a distance of Four Hundred Sixty -eight and Seventy -three Hundredths (468.73) feet to the South line of the St. Joseph County Airport; thence South 890 59' 38" East on and along the South line of said St. Joseph County Airport a distance of Four Hundred Thirty -nine and Ten Hundredths (439.10) feet; thence South 00 18' 51" West a distance of Four Hundred Seventy and Sixty -five Hundredths (470.65) feet to the North line of Progress Drive; thence North 890 40' 09 West a distance of Four Hundred Thirty -nine and Seventy -one Hundredths (439.71) feet to the point of beginning. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission 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 Indian Code 6 -1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission 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 Indian Code 6 -1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in questions- 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. That 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 II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the.Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolutions at this time. Mark Pajakowski, president of Automatic Molded Plastics, indicated that the personal and real property under consideration for tax abatement is needed to service their increasing customer base and resulting sales volume. He indicated there will be twenty nine new jobs.created. Council Member Serge made'a motion to adopt Resolution No. 1185 -84, seconded by Council Member Taylor. The resolution was adopted by a roll vote of eight ayes. Council Member Taylor made a motion to adopt Resolution No. 1186 -84, seconded by Council Member - Voorde. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 84 -84 A -BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH /SOUTH ALLEY WEST OF OLIVE ST. AND SOUTH OF DELAWARE ST., AND NORTH OF THE 1ST EAST/WEST ALLEY NORTH OF EWING ST., BEING MORE PARTICULARLY DESCRIBED AS BEING BOUNDED BY LOTS 143 THRU 156 AND LOTS 181 THRU 194 OF HOMELAND 2ND ADDITION RECORDED SUBDIVISION. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading August 271 and refer to the Zoning and Vacation Committee, seconded by Council Member Taylor. The motion carried. REGULAR MEETING AUGUST 13, 1984 BILL NO. 85 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 2ND NORTH /SOUTH ALLEY EAST OF SHERMAN AVENUE RUNNING SOUTH FROM ROOSEVELT STREET A DISTANCE OF 128 FEET-TO THE INTERSECTING EAST/WEST ALLEY; ABUTING LOTS 233 AND 234 OF THE NORTHWEST 3RD PLAT TO THE CITY OF SOUTH BEND. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading August 271 and refer it to the Zoning and Vacation Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 86 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTHEAST ALLEY SOUTH OF BRONSON COURT AND NORTH OF LOT NUMBERED FIVE (5) OF GEORGE L. FRANTZ'S ADDITION, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. RUNNING FROM LINCOLNWAY EAST FOR ONE HUNDRED SIXTY -FIVE (165') FEET TO THE FIRST NORTHWEST ALLEY WHICH PARALLELS LINCOLN WAY EAST, RECORDED IN PLAT BOOK (2), PAGE 77, OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing and second reading August 27, and refer it to the Zoning and Vacation Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 87 -84 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (723 HAWBAKER.) This bill had first reading. Council Member Voorde made a motion to refer this bill to Area Plan, seconded by Council Member Crone. The motion carried. BILL NO. 88 -84 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1985, AND ENDING DECEMBER 31, 1985, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Braboy made a motion to set this bill for public hearing August 20, and refer it to the Personnel and Finance Committee, seconded by Council Member Serge. The motion carried. BILL NO. 89 -84 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1985. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing August 20, and refer it to the Personnel and Finance Committee, and second reading August 27, seconded by Council Member Crone. The motion carried. BILL NO. 90 -84 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1985 AND ENDING DECEMBER 31, 1985, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Serge made a motion to continue this bill, seconded by Council Member Crone. The motion carried. BILL NO. 91 -84 A BILL AMENDING ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A CUMULATIVE CAPITAL DEVELOPMENT FUND. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading August 27, and refer to the Personnel and Finance Committee, seconded by Council Member Crone. The motion carried. BILL NO. 92 -84 A BILL APPROPRIATING $3,242.00 FROM THE LOCAL EQUAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing and second reading August 27, seconded by Council Member Voorde. The motion carried. BILL NO. 93 -84 A BILL APPROPRIATING FUNDS IN THE AMOUNT OF $80,000.00 FROM PARK MAINTENANCE FUND TO BE USED TO SUPPLEMENT THE 1984 PARK MAINTENANCE BUDGET. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading August 27, and refer it to the Park Committee, seconded by Council Member Taylor. The motion carried. REGULAR MEETING AUGUST 13, 1984 BILL NO. 94 -84 A BILL TRANSFERRING $201,400.00 BETWEEN ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Braboy made a motion to set this bill for public hearing and second reading August 27, and refer it to the Human Resources Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 95 -84 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS °ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (CURTIS PRODUCTS, INC. PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION THREE HOUSAND DOLLARS ($1,300,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading August 27, seconded by Council Member Serge. The motion carried. BILL NO. 96 -84 A BILL AUTHORIZING THE ASSIGNMENT OF THE INTERESTS OF MARION W. DUNN UNDER THE $300,000 CITY OF SOUTH BEND, INDIANA ECONOMIC DEVELOPMENT REVENUE BOND (MARION DUNN PROJECT) TO MOBILE COMMUNICATIONS CORPORATION OF AMERICA, A DELWARE CORPORATION. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading August 27, seconded by Council Member Crone. The motion carried. I BILL NO. 97 -84 A BILL ESTABLISHING A SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND AND AMENDING CHAPTER 17, ARTICLE 5 AND 6 BY AMENDING SECTION 17 -47, 17 -47.11 AND 17- 40(a). This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading August 27, seconded by Council Member Serge. The motion carried. UNFINISHED BUSINESS Council Member Taylor made a motion to set Bill No. 50 -84 for public hearing and second reading August 27, and refer it to the Human Resources Committee, seconded by Council Member Crone. The motion carried. NEW BUSINESS Council Member Voorde complimented Locke Joint Tube for the fine landscaping job they have done. E There being no further business to come before the Council, unfinished or new, Council Member Serge made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 8:10 P.M. ATTEST: APPROVED: City'Clerk es�dent