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HomeMy WebLinkAbout12-03-84 Council Meeting MinutesREGULAR MEETING DECEMBER 3, 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, December 3, 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, Zakrzewski, Crone, Paszak, Voorde and Beck Absent: None 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 November 19, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Beverlie J. Beck /s/ Ann B. Puzzello /s/ Thomas Zakrzewski Council Member Serge made a motion that the minutes of the November 19, meeting of the Council be accepted and placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS Council Member Zakrzewski made a motion to reappoint Roman Piasecki to the Redevelopment Commission, seconded by Council Member Voorde. The motion carried. Council Member Taylor made a motion to appoint Al Paszek to the Economic Development Commission, seconded by Ann Puzzello. The motion carried. Council Member Taylor made a motion to have a Council meeting Monday, December 17, at 4:3U p.m., seconded by Council Member Puzzello. The motion carried. REPORTS Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill No. 109 and 122 -84, and recommended them both favorable. Council Member Puzzello indicated that the Personnel and Finance Committee had met on Bill nos. 127, 128, 129 and 142 -84 and recommended them favorable. Council Member Taylor indicated that the Public Safety Committee had met on Bill No. 137 -84 and recommended it favorable, as amended. Council Member Serge indicated that the Utilities Committee had met on Bill Nos. 139 and 140 -84 and recommended them favorable. Council Member made a motion to resolve into the Committee of the Whole, seconded by Council Member Voorde. 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 December 3, at 7:09 p.m., with nine members present. Chairman Serge presiding. BILL NO. 132 -84 A BILL PROVIDING FOR THE FINANCING BY THE CITY OF SOUTH BEND, INDIANA OF AN ECONOMIC DEVELOPMENT FACILITIES PROJECT; AUTHORIZING THE ISSUANCE OF A $1,550,000 ECONOMIC DEVELOPMENT REVENUE BOND, SERIES 1984 (CLARK INFORMATION TECHNOLOGIES CORPORATION PROJECT) AND CONFIRMING THE SALE THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, A MORTGAGE AND SECURITY AGREEMENT, AN ASSIGNMENT AND AGREEMENT, A BOND PURCHASE AGREEMENT AND RELATED DOCUMENTS; AND RELATED MATTERS. 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 financing Clark Information Technologies Corporation. He indicated they planned to create approximately 25 new jobs. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. a' REGULAR_ MEETING BILL NO. 133 -84 DECEMBER 3, 198V A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY ") TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (AUTOMATIC PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF SEVEN HUNDRED FIFTY THOUSAND ($750,000.00) DOLLARS AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. 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. Council Member Taylor made a motion to accept the substitute page 4 on file with the City Clerk, seconded by Council Member Crone. The motion carried. Mr. Fedder indicated this bond issue would be used to acquire new economic development facilities to be located at 3603 Progress, and will create 141 new jobs in the Community. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Voorde. The motion carried. BILL NO. 134 -84 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (AQUARIUS PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF SEVEN HUNDRED FIFTY THOUSAND ($750,000.00) DOLLARS AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. 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. Council Member Taylor made a motion to accept the substitute page 4 on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Mr. Fedder, indicated this bond issue would be used in conjunction with the bond application for Automatic Molded Plastics, he indicated that 23 new jobs would be created. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 135 -84 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (TEACHERS CREDIT UNION PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF NINE MILLION DOLLARS ($9,000,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. Council-Member Puzzello made a motion to continue this bill indefinitely, seconded by Council Member Taylor. The motion carried. BILL NO. 136 -84 A BILL APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING THE RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE MAPLE LANE ASSOCIATES PROJECT. 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 Taylor made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this bond issue would be used for the construction of 192 residential units at the southeast corner of Bendix and the Indiana Toll Road. He indicated the project will result in at least 50 constructin trade jobs and 4 new permanent jobs. Council Member Voorde made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Puzzello. The motion carried. BILL NO. 141 -84 A BILL AUTHORIZING THE ISSUANCE AND SALE OF $8,500,000.00 ECONOMIC DEVELOPMENT REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO BRICK ROAD ASSOCIATES, IN ORDER TO FINANCE THE CONSTRUCTION AND EQUIPPING OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES LOCATED IN SOUTH BEND, INDIANA; AUTHORIZING EXECUTION OF A LOAN AGREEMENT; PROVIDING FOR THE DELIVERY OF A NOTE AND ASSIGNMENT THEREOF AS SECURITY FOR SAID BONDS; AUTHORIZING AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF THE REVENUES FROM SUCH NOTE. Council .Member Puzzello made a motion to continue public hearing and second reading on this bill until December 17, seconded by Council Member Taylor. The motion carried. BILL NO. 109 -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) (1444 SOUTH BEND 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 Taylor made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Beck. The motion carried. Larry Magliozzi, of Area Plan, gave the staff report which gave a favorable recommendation subject to a revised parking configuration. Gaylon Allsop, attorney, made the presentation for the bill. He described the surrounding properties, and indicated that a CPA firm planned to move into this property. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Puzzello. The motion carried. i REGULAR MEETING BILL NO. 122 -84 DECEMBER 3,_ 198Y A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (322 W. MARION.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Elizabeth Straw, from Historic Preservation, made the presentation for the bill. She indicated this home was one of two italianate one story homes in the City. She indicated the cottage was constructed in 1876 by John Greene, one of the first settlers of Sumption Prairie, and for whom Greene Township was named. Ron Snyder, President of Southold, spoke in favor of this landmark. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to combine public hearing on bill nos. 127, 128 and 129 -84, seconded by Council Member Puzzello. The motion carried. BILL NO. 127 -84 A BILL ESTABLISHING PROCEDURES FOR TRANSFER OF FUNDS FROM THE OLD BARRETT LAW ACCOUNT TO THE SURPLUS BARRETT LAW ACCOUNT. BILL NO. 128 -84 A BILL TRANSFERRING FUNDS FROM THE OLD BARRETT LAW ACCOUNT TO THE SURPLUS BARRETT LAW ACCOUNT WITHIN THE BARRETT LAW ACCOUNTS OF THE CITY OF SOUTH BEND. BILL NO. 129 -84 A BILL TRANSFERRING FUNDS FROM THE SURPLUS BARRETT LAW ACCOUNT TO THE GENERAL FUND OF THE CITY OF SOUTH BEND. 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, Controller, made the presentation for the bills. He indicated these three bills pertain to Barrett Law Funds and their ultimate transfer to the General Fund as was originally budgeted for 1984. He indicated the first bill pertains to the procedure for transferring monies from the Old Barrett Law Account to the Surplus Barrett Law Account of the Barrett Law Fund. He indicated the second bill transfers $421,001.17 from the Old Barrett Law Account to Surplus Barrett Law. The third bill actually transfers $211,675.20 from the Surplus Barrett Law Account to the General Fund of the City of South Bend. Council Member Voorde made a motion to recommend Bill No. 127 -84 to the Council favorable, seconded by Council Member Taylor. The motion carried. Council Member Puzzello made a motion to recommend Bill No. 128 -84 to the Council favorable, seconded by Council Member Braboy. The motion carried. Council Member Crone made a motion to recommend Bill No. 129 -84 to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 137 -84 A BILL AMENDING CHAPTER 91 ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED AMBULANCE /MEDICAL USER FEE AND DEDICATED FUND. 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 the bill should be amended by changing the emergency fee from $50 to $15. Council Member Taylor made a motion to accept this amendment, seconded by Council Member Zakrzewski. The motion carried. He indicated the rationale-for amending the fee schedule is based on the cost to provide this service compared to income derived from it. He indicated that in 1983 $414,304 was budgeted forthis service, he indicated the revenue was $121,110, therefore, $293,204 was subsidized. He indicated that the overriding consideration in establishing this new fee schedule is the charges allowed and payable by health insurance policies, Medicare and 'Medicaid, for ambulance services. He indicated it was the intention of this proposed fee increase to take advantage of the maximum allowable insurance coverage while minimizing any additional out of pocket expenses to the citizens. He indicated the basic fee would be increased to $75; mileage fee $1.75; oxygen fee $15; emergency fee $15; and EKG /Monitor $25. He indicated the last increase for user fees was in 1981. Council Member Crone made a suggestion that the Council review the fees once a year. Council Member Beck indicated she would like records kept in 1985 showing who is serviced, who much is covered by insurance, etc. She indicated she would like to see records from Fort Wayne, who have turned their ambulance service over to the private sector. Council Member Voorde made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 138 -84 A BILL AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY DELETING ARTICLE 16, ENTITLED FAIR CAMPAIGN PRACTICES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Eugenia Schwartz, assistant city attorney, made the presentation for the bill. She indicated the Attorney General issued an opinion which determined that all election ordinances enacted by cities have no statutory authority and are therefore void, since such authority is solely within the State Election Board's domain with certain delegated admistrative duties performed by the County Election Board. Norman Primus, 1833 Campeau, spoke against this bill. Steven Drendall, co -chair of Common Cause, spoke against this bill. Council. Member Beck indicated there would be a Committee of the Whole meeting on this bill, Monday, January 14, at 4:00 p.m. Council Member Voorde made a motion to continue this bill indefinitely, seconded by Council Member Crone. The motion carried. REGULAR MEETING DECEMBER 3, 198f BILL NO. 139 -84 A BILL APPROPRIATING $170,800.00 WITHIN THE CITY BUREAU OF SANITATION DEPRECIATION FUND ( #39 -33) TO BE ADMINISTERED BY THE BUREAU OF SANITATION IN THE DIVISION OF ENVIROMENTAL SERVICES. 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, City Engineer, made the presentation for the bill. He indicated this appropriation would be used to pay for emergency sewer repairs at the intersection of Sample and Lafayette, Riverside and Leland, and Elwood and College streets. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 140 -84 A BILL APPROPRIATING $37,500.00 WITHIN THE CITY SOLID WASTE OPERATION & MAINTENANCE FUND ( #07 -22) TO BE ADMINISTERED BY THE BUREAU OF SOLID WASTE OF THE DIVISION OF ENVIROMENTAL SERVICES. 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, City Engineer, made the presentation for the bill. He indicated this appropriation would be used to cover expenses in the landfill and motor equipment accounts. He indicated the $29,400 for the landfill account is to cover an increase in dumping fees not anticipated at budget time, and the $8,100 in the motor equipment account addresses the higher than expected cost of a new packer truck. Council Member Beck made a motion to recommend this bill to the ouncil favorable, seconded by Council Member Braboy. The motion carried. BILL NO. 142 -84 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS, WITHIN VARIOUS DEPARTMENTS WITHIN THE GENERAL FUND, PARK FUND, MOTOR VEHICLE HIGHWAY FUND, SOLID WASTE FUND, LIABILITY INSURANCE PREMIUM AND RESERVE FUND, WATER WORKS GENERAL FUND, SEWAGE WORKS DEPRECIATION FUND, ECONOMIC DEVELOPMENT REVENUE BONDS, FEDERAL REVENUE SHARING TRUST FUND AND CENTURY CENTER OPERATION FUND. 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, Controller, made the presentation for the bill. He indicated the bill should be amended on page 2, Bureau of Cemeteries, by increasing account 255, other materials to $1,800; 261, other supplies, $200; 360, bldg. and Structure repair $3,000: and decrease on page 6, Bureau of Cemeteries, account 120, salaries and wages, temp. $5,000. Council Member Beck made a motion to accept this amendment, seconded by Council Member Taylor. The motion carried. Mr. Vance indicated that the bill will transfer funds involved so that budgets actually reflect the expenditures that have been necessary to operate during 1984. He indicated some of the larger items involved are as follows: An $18,186 increase in the Council's other contractuals, reflects the difference between what was budgeted for the 1983 general election and the actual cost; $41,817 increase in the Board of Work's telephone account, reflects the costs that were unbudgeted which were associated with the installation of the new telephone system; $21,000 increase in the City Engineer's office equipment account pertained to the office automation project; increases in extra and overtime and salaries and wages, temporary for the Police and Fire, and additionally an increse in medical expenses due to a previously injured officer on the Police Department and an increase pertaining to equipment repair for the Fire Department; $7,500 in other equipment and emergency medical services for the purchase of a computer for billing purposes; $80,000 increase in motor equipment for Vehicle Maintenance which pertains to the purchase of an additional street sweeping unit. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Voorde made a motion to rise and report to the Council, and recess, seconded by Council Member Zakrzewski. The motion carrried and the meeting was recessed at 8:45 p.m. ATTEST: ATTEST: {� �,_ _ City Clerk C irma 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 8:55 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7405 -84 AN ORDINANCE PROVIDING FOR THE FINANCING BY THE CITY OF SOUTH BEND, INDIANA OF AN ECONOMIC DEVELOPMENT FACILITIES PROJECT; AUTHORIZING THE ISSUANCE OF A $1,500,000 ECONOMIC DEVELOPMENT REVENUE BOND, SERIES 1984 (CLARK INFORMATION TECHNOLOGIES CORPORATION PROJECT) AND CONFIRMING THE SALE THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, A MORTGAGE AND SECURITY AGREEMENT, AN ASSIGNMENT AND AGREEMENT, A BOND PURCHASE AGREEMENT AND RELATED DOCUMENTS; AND RELATED MATTERS. REGULAR MEETING DECEMBER 3, 1980 �7 This bill had second reading. Council Member Voorde made a motion to pass this bill, seconded by Council Member Crone. The bill passed by a roll call vote of eight ayes. ORDINANCE 90. 7406 -84 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY ") TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (AUTOMATIC PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF SEVEN HUNDRED FIFTY THOUSAND ($750,000.00) DOLLARS AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had second reading. Council Member Voorde made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Braboy. The motion carried. Council Member Puzzello made a motion to pass the bill, as amended, seconded by Council Member Braboy. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7407 -84 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE „ CITY „ ), TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (AQUARIUS PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF SEVEN HUNDRED FIFTY THOUSAND ($750,000.00) DOLLARS AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had second reading. Council Member Serge made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Voorde. The motion carried. Council Member Serge made a motion to pass the bill, as amended, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7408 -84 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $6,500,000 MULTI - FAMILY HOUSING REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE PURPOSE OF MAKING A LOAN TO MAPLE LANE ASSOCIATES, PHASE VIII IN ORDER TO FINANCE THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES LOCATED IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA; AUTHORIZING EXECUTION OF A LOAN AGREEMENT; PROVIDING FOR THE DELIVERY OF A NOTE AND ASSIGNMENT THEREOF AS SECURITY FOR SAID BONDS; AUTHORIZING AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF THE REVENUES FROM SUCH NOTE; AUTHORIZING A DECLARATION OF RESTRICTIVE COVENANTS AND REGULATORY AGREEMENT; AND AUTHORIZING THE TERMS AN SALE OF SAID BONDS AND THE EXECUTION OF THE BOND PURCHASE AGREEMENT; AND APPROVING THE TERMS OF THE MORTGAGE, THE ASSIGNMENT OF RENTS AND LEASES AND RELATED MATTERS. This bill had second reading. Council Member Taylor made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Voorde. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE N ;0. 7409 -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) (1444 SOUTH BEND AVENUE.) This bill had second reading. Council Member Puzzello made a motion to amend the bill,' as amended in the Committee of the Whole, seconded by Council Member Taylor. 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 nine ayes. ORDINANCE NO. 7410 -84 AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (322 W. MARION.) This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7411 -84 AN ORDINANCE ESTABLISHING PROCEDURES FOR TRANSFER OF FUNDS FROM THE OLD BARRETT LAW ACCOUNT TO THE SURPLUS BARRETT LAW ACCOUNT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7412 -84 AN ORDINANCE TRANSFERRING FUNDS FROM THE OLD BARRETT LAW ACCOUNT TO THE SURPLUS BARRETT LAW ACCOUNT WITHIN THE BARRETT LAW ACCOUNTS OF THE CITY OF SOUTH BEND. This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. REGULAR.MEETING DECEMBER 3, 198f- ORDINANCE NO. 7413 -84 AN ORDINANCE TRANSFERRING FUNDS FROM THE SURPLUS BARRETT LAW ACCOUNT TO THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7414 -84 AN ORDINANCE AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED AMBULANCE /MEDICAL USER FEE AND DEDICATED FUND. This bill had second reading. Council Member Taylor made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7415 -84 AN ORDINANCE APPROPRIATING $170,800.00 WITHIN THE CITY BUREAU OF SANITATION DEPRECIATION FUND ( #39 -33) TO BE ADMINISTERED BY THE BUREAU OF SANITATION IN THE DIVISION OF ENVIROMENTAL SERVICES. This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7416 -84 AN ORDINANCE APPROPRIATING $37,500.00 WITHIN THE CITY SOLID WASTE OPERATION & MAINTENANCE FUND (#07 -22) TO BE ADMINISTERED BY THE BUREAU OF SOLID WASTE OF THE DIVISION OF ENVIROMENTAL SERVICES. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7417 -84 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS, WITHIN VARIOUS DEPARTMENTS WITHIN THE GENERAL FUND, PARK FUND, MOTOR VEHICLE HIGHWAY FUND, SOLID WASTE FUND, LIABILITY INSURANCE PREMIUM AND RESERVE FUND, WATER WORKS GENERAL FUND, SEWAGE WORKS DEPRECIATION FUND, ECONOMIC DEVELOPMENT REVENUE BONDS, FEDERAL REVENUE SHARING TRUST FUND AND CENTURY CENTER OPERATION FUND. This bill had second reading. Council Member Taylor made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. RESOLUTIONS Council Member Taylor made a motion to combine public hearing on Resolutions A & B, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 1235 -84 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 710 SOUTH RUSH STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY 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 710 South Rush, and more particularly described by a line drawn as follows: A parcel of property in St. Joseph County (sometimes known as Monroe - Sample Disposition Parcel No. 4) more particularly described as follows: Lots Numbered Seventy -five (75), Seventy -six (76), Seventy -seven (77), Seventy- eight (78), Seventy -nine (79), Eighty (80), Eighty -one (81), Eighty -two (82), Eighty -Three (83), Eighty -Four (84), Eighty -five (85), Eighty -six (86),Eighty- seven (87), Eighty -eight (88), Eighty -nine (89), Ninety (90) in Rush's Fourth Addition to the City of South Bend, as found in Plat Book 4, page 54; ALSO Lots Numbered One Hundred Forty -seven (147), One Hundred Forty -eight (148), One Hundred Thirty -nine (139) and One Hundred Forty (140) 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 of St. Joseph County, Indiana. DESCRIBED MORE SPECIFICALLY AS FOLLOWS: The commencing point being at the Northwest corner of Lot 75 in said Rush's 4th Addition; thence South 0004' East 419.9 feet to the Southwest corner of Lot 148 in said Edward H. Rush's First Addition; thence South 89049' East 254.1 feet to the Southeast corner of Lot 140 in said Edward H. Rush's First Addition; thence 0003' West 419.9 feet to the Northeast corner of Lot 83 in said Rush's 4th Addition; thence North 89049' West 254.2 feet to the point of commencing. EXCEPT all North -South and East-West alleys _ REGULAR MEETING between said lots. as an Economic Revitalization Area; and DECEMBER 3, _198 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 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 real property tax abatement. Such designation is for personal property tax abatement only and is limited to five (5) calendar years from the date of adoption of the 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/ Eugenia Braboy Member of the Common Council RESOLUTION NO. 1236 -84 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 710 SOUTH RUSH STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX i ABATEMENT. 4 E 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 710 South Rush, and more particularly described by a line drawn as follows: A parcel of property in St. Joseph County (sometimes known as Monroe - Sample Disposition Parcel No. 4) more particularly described as follows: j Lots Numbered Seventy -five (75), Seventy -six (76), Seventy -seven (77), Seventy - eight (78), Seventy -nine (79), Eighty (80), Eighty -one (81), Eighty -two (82), Eighty -Three (83), Eighty -Four (84), Eighty -five (85), Eighty -six (86),Eighty- seven (87), Eighty -eight (88), Eighty -nine (89), Ninety (90) in Rush's Fourth Addition to the City of South Bend, as found in Plat Book 4, page 54; ALSO Lots Numbered One Hundred Forty-seven (147), One Hundred Forty -eight (148), One Hundred Thirty -nine (139) and One Hundred Forty (140) 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 of St. Joseph County, Indiana. DESCRIBED MORE SPECIFICALLY AS FOLLOWS: The commencing point being at the Northwest corner of Lot 75 in said Rush's 4th Addition; thence South 0004' East 419.9 feet to the Southwest corner of Lot 148 in said Edward H. Rush's First Addition; thence South 89049' East 254.1 feet to the Southeast corner of Lot 140 in said s Edward H. Rush's First Addition; thence 0003' West 419.9 feet to the Northeast corner of Lot 83 in said Rush's 4th Addition; thence North 89049' West 254.2 feet to the point of commencing. EXCEPT all North -South and East-West alleys between said lots. 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 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 personal property tax abatement. Such designation is for personal property tax abatement only and is limited to five (5) calendar years from the date of adoption of the 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. Isl Eugenia Braboy Member of the Common Council REGULAR MEETING DECEMBER 3, 19 A public hearing was held on the resolutions at this time. Richard Morgan, attorney, indicated Plast -Ad was going to expand their existing building, and acquire new equipment. He indicated twenty new jobs would be created. Council Member Zakrzewski made a motion to adopted Resolution No. 1235 -84, seconded by Council Member Voorde. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 1236 -84, seconded by Council Member jPuzzello. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1237 -84 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS U.S.. 31 & BRICK ROAD, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY 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 U. S. 31 & Brick Road, and more particularly described by a line drawn as follows: A part of the North One Half (1/2) of Section 19, Township 38, North, Range 2 East, German Township, St. Joseph Co., Indiana more particularly described as follows: Commencing at the Northeast corner of the Northwest One Quarter (1/4) of said Section 19; thence South 000- 54' -38" East along to North -South centerline of said Section 29 110.87 feet to the south right -of -way line of Brick Rd.; thence South 880 -43' -" west 755.00 feet; thence North 000541 -38" west 689.50 feet to the South right of Way line of Brick Rd; thence South 880- 47' -24" East along said right of way line 755.36 feet to the place of beginning and containing 11.7 acres more or less. 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 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 real property tax abatement. Such designation is for personal property tax abatement only and is limited to five (5) calendar years from the date of adoption of the 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/ Eugenia Braboy Member of the Common Council A public hearing was held on the resolution at this time. Jim Masters, attorney,, indicated Brick Road Associates planned to build a Holiday Inn motel and restaurant'' He indicated that 115 new permanent jobs would be created. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adoapted by a roll call vote of nine ayes. RESOLUTION NO. 1238 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING RESOLUTION NO. 719 OF THE SOUTH BEND REDEVELOPMENT COMMISSION AND THE EAST BANK DEVELOPMENT PLAN, AS AMENDED. WHEREAS, the City of South Bend Redevelopment Commission ( "Commission "), pursuant to the Redevelopment of Cities and Towns Act of 1953, as amended (36 -7 -14) (the "Act "), has conducted surveys and investigations and has thoroughly studied the area in the City of South Bend, County of St. Joseph, State of Indiana, and designated the area as the "East Bank Development Area" (the "Area "), which area is more particularly described as follows: A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: REGULAR MEETING DECEMBER 3, 198 Beginning at the point of intersection of the north right -of -way line of Sorin Street with the east right -of -way line of Niles Avenue in said City; thence South along said east right -of -way line of Niles Avenue to the centerline of the first fourteen (14) foot alley lying north of Cedar Street and between Niles Avenue and Hill Street; thence east along said centerline, to the centerline of Hill Street, a sixty -six (66) foot right -of -way; thence South, along said Hill Street centerline, to the centerline of Jefferson Boulevard; an eighty -two and one -half (82.5) foot right -of -way; thence west, along said Jefferson Boulevard centerline of the center of the St. Jospeh River; thence in a northwesterly and northeasterly direction along the centerline of said river to its intersection with the projected north right -of -way line of said Sorin Street; thence east along said projection and along said north right -of -way line to the east right - of -way line of Niles Avenue which is the place of beginning. WHEREAS, the Commission has made detailed studies of the location, physical condition and structures, land use, environmental influences, and the economic condition! of the Area and has determined that the Area is a blighted area and that it constitutes a menance to the social and economic interests of the City of South Bend and its inhabitants and it would be of public utility and benefit to acquire real estate in such Area and redevelop the Area under the provisions of the Act; and WHEREAS, the Commission approved a Development Plan adopted by Declaratory Resolutic No. 626, adopted on October 3, 1980 and amended by Resolution No. 632, adopted on January 16, 1981, Resolution No. 678, adopted on March 11, 1983, and Resolution No. 681, adopted on June 10,1983, entitled "East Bank Development Area, Development Plan, South Bend, Indiana ", consisting of 24 pages (the "Development Plan "), which has been submitted to the Common Council for review and approval; and WHEREAS, the Commission has adopted its Declaratory Resolution No. 719 on October 12, 1984, declaring the Area to be blighted and further amending the Development Plan by adding parcels to the acquisition list; and i' WHEREAS, the Area Plan Commission of St. Joseph County, Indiana which is the duly designated and acting official planning body for the City of South Bend, has issued its written order approving said Declaratory Resolution and the Development Plan, as amended, and has certified that said Development Plan, as amended, conforms to the master plan of development for the City of South Bend; and WHEREAS, the Common Council is cognizant of the conditions that are imposed- under Title VI of the Civil Rights Act of 1964, as amended, providing that no person shall, on the grounds of race, age, sex, color, religion, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discriminai in the undertaking and carrying out of any federally - assisted projects. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: 1. That it is hereby found and determined that the Area is a blighted area and qualifies as an eligible project area under the Act. 2. That it is hereby found and determined that the objectives of the Development Plan, as amended, cannot be achieved through more extensive rehabilitation of the Area. 3. That it is hereby found and determined that the Development Plan, as amended, for the Area conforms to the master plan of development for the City of South Bend. 4. That it is hereby found and determined that the Development Plan, as amended, j for the Area will afford maximum opportunity, consistent with the sound needs of the City of South Bend as a whole, for the redevelopment of the Area by private enterprise in concert with the Department. 5. That Declaratory Resolution No. 719 of the Commission and the Development plan are hereby in all respects approved. 6. That, in order to implement and facilitate the Development Plan hereby approved, it is found and determined that certain official action must be taken by the City of South Bend with reference, among aother things, to changes in zoning, vacation and removal of streets, alleys and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public actions, and accordingly, the Common Council hereby (a) pledges its cooperation in helping to carry out such Development Plan; (b) requests the various officials, departments, boards, and agencies of the City of South Bend having administrative responsibilities to likewise cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Development Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Development Plan, as amended. 7. That the United States of America be, and hereby is assured of full compliance by the City of South Bend with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the regulations of the Department of Housing and Urban Develpment effectuating that Title. ion REGULAR MEETING DECEMBER 3, 198$ 8. 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/ Eugenia Braboy Member of the Common Council A public hearing was held on the resolution at this time. Ann Kolata deputy director of Redevelopment, indicated this amendment will add our parcels on the acquisition list. She indicated these parcels are property between Crescent Electric and the East Race. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1239 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING RESOLUTION NO. 718 OF THE SOUTH BEND REDEVELOPMENT COMMISSION AND THE DEVELOPMENT PLAN FOR THE RUM VILLAGE INDUSTRIAL PARK. WHEREAS, the City of South Bend Redevelopment Commission ( "Commission "), pursuant to the Redevelopment of Cities and Towns Act of 1953, as amended (36 -7 -14) (the "Act "), has conducted surveys and investigations and has thoroughly studied the area in the City of South Bend, County of St. Joseph, State of Indiana, and designated the area as the "Rum Village Industrial Park" (the "area "), which area is more particularly described as follows: A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: Commencing at a point formed by the intersection of the east right -of -way line of Olive Street and the south right -of -way line of Calvert Street; thence west along said south right -of -way line of Calvert Street to west line of the east 1/2 of the Southwest Quarter (1/4) of Section Fifteen (15) Township Thirty -Seven (37) North, Range Two (2) East; thence south to a point (intersecting with the present city limits) two hundred (200) feet south of the nroth line of Section Twenty -two (22) Township Thirty -seven (37) North Range Two (2) East; thence west (along present City limits) to the east line of Section Twenty -one (21), Township Thirty -seven (37) North, Range Two (2) East; thence North (intersecting with the present city limits) to the south line of Section Sixteen (16), Township Thirty - seven (37) North, Range Two (2) East; thence (along the present city limits) west along the south line of said Section Sixteen (16) to the west line of the Southeast Quarter (1/4) of said Section Sixteen (16); thence north (along the present city limits) along the west line of the Southeast Quarter (1/4) of said Section Sixteen (16) to the northeast corner of the Southeast Quarter (1/4) of the Southwest Quarter (1/4) of said Section Sixteen (16) thence west (along the present city limits) to the northwest corner of the Southeast Quarter (1/4) of the Southwest Quarter (1/4) of said Section Sixteen (16); thence north 1800 feet, more or less (along the present city limits) to the north right -of -way line of the abandoned Michigan Central Railroad; thence west (along the present city limits) along said right -of -way line to the west line of said Section Sixteen (16); thence north 975 feet, more or less, along the west line of said Section Sixteen (16) to the south line of Belleville Gardens Section Addition; thence east 1985 feet, more or less; thence south 30 feet, more or less; thence east 5356 feet, more or less; thence south 100 feet, more or less; thence east to the west line of lthe west one -half (1/2) of Section Fifteen (15), Township Thirty - seven (37) North, Range Two (2) East; thence south 800 feet, more or less, along the west line of said Section Fifteen (15) to the north right -of -way line of the Penn Central Railroad (011d Pennsylivania Railroad); thence east along said railroad right -of -way to the east line of the west one -half (1/2) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence south 550 feet, more or less, along the said east line of the west one -half (1/2) of the Northwest Quarter (1/4) of said Section Fifteen (15) to the north right -of -way line of the New Jersey, Illinois and Indiana Railroad right -of -way; thence east along said railroad right -of -way line to the east right -of -way lines of Olive Street; thence south along said right -of -way line to the point of beginning. WHEREAS, the Commission has made detailed studies of the location, physical condition and structures, land use, environmental influences, and the economic conditions of the Area and has determined that the Area is a blighted area and that it constitutes a menance to the social and economic interests of the City of South Bend and its inhabitants and it would be of public utility and benefit to acquire real estate in such Area and redevelop the Area under the provisions of the Act; and WHEREAS, the Commission on December 18, 1981, adopted a declaratory resolution No. 650, and approved a Development Plan for the Area, entitled "Rum Village Industrial Park Development Plan, South Bend, Indiana ", consisting of 11 pages (the "Development Plan "), which has been submitted to the Common Council for review and approval; and WHEREAS, the Commission has adopted its Declaratory Resolution No. 718 on October 12, 1984, declaring the Area to be blighted and further amending the Development Plan by adding parcels to the acquisition list; and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana which is the duly designated and acting official planning body for the City of South Bend, has issued its written order approving said Declaratory Resolution and the Development REGULAR MEETING DECEMBER 3, 198#_ Plan, as amended, and has certified that said Development Plan, as amended, conforms to the master plan of development for the City of South Bend; and WHEREAS, the Common Council is cognizant of the conditions that are imposed under Title VI of the Civil Rights Act of 1964, as amended, providing that no person shall, on the grounds of race, age, sex, color, religion, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of any federally- assisted projects. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: 1. That it is hereby found and determined that the Area is a blighted area and qualifies as an eligible project area under the Act. 2. That it is hereby found and determined that the objectives of the Development Plan, as amended, cannot be achieved through more extensive rehabilitation of the Area. 3. That it is hereby found and determined that the Development Plan, as amended, for the Area conforms to the master plan of development for the City of South Bend. 4. That it is hereby found and determined that the Development Plan, as amended, for the Area will afford maximum opportunity, consistent with the sound needs of the City of South Bend as a whole, for the redevelopment of the Area by private enterprise in concert with the Department. 5. That Declaratory Resolution No. 718 of the Commission and the Development plan are hereby in all respects approved. 6. That, in order to implement and facilitate the Development Plan hereby approved, it is found and determined that certain official action must be taken by the City of South Bend with reference, among aother things, to changes in zoning, vacation and removal of streets, alleys and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public actions, and accordingly, the Common Council hereby (a) pledges its cooperation in helping to carry out such Development Plan; (b) requests the various officials, departments, boards, and agencies of the City of South Bend having administrative responsibilities to likewise cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Development Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Development Plan, as amended. 7. That the United States of America be, and hereby is assured of full compliance by the City of South Bend with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the regulations of the Department of Housing and Urban Develpment effectuating that Title. 8. 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/ Eugenia Braboy Member of the Common Council A public hearing was held on the resolution at this time. Ann Kolata, deputy director of Redevelopment, indicated this resolution would approve certain changes to the tax allocation provisions in the Rum Village Industrial Park. She indicated these changes would add taxes assessed on certain personal property to the increment for prupose of Tax Incremental Financing. She indicated previously the incremental financing only effected real property, but state law now allows for personal property. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Braboy. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1240 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF A LICENSE FOR A RECLYCLING OPERATION (SOMETHING OF VALUE, INC.) WHEREAS, the Common Council of the City of South Bend recognizes the contributions that recycling operations make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operation of such facilities within the City; and WHEREAS, the Common Council of the city of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operation of recycling operations; and WHEREAS, at the public meeting held on November 15, 1984, the Board of Zoning AppeaSs approved the location of a recycling operation at 1100 Prairie Avenue, South Bend, Indiana, provided that the materials received for recycling consist only of selected industrial waste, limited to paper, cardboard, wood, and some plastics; and REGULAR MEETING DECEMBER 3, 198V WHEREAS, in accordance with said rules and regulations, inspections of the recycling operation have been completed by the Department of Code Enforcement and the Fire Prevention Bureau; and WHEREAS, Section 4 -51 (f) of the South Bend Municipal Code requires that the Board receive favorable review of a proposed recycling operation by the Department of Code Enforcement and the Fire Prevention Bureau prior to making its recommendation to the Common Council for issuance of a recycling license; and WHEREAS, the reviews of the Department of Code Enforcement and the Fire Prevention Bureau were favorable subject to the correction of certain building and fire code violations as shown on attached Exhibits A and B; and WHEREAS, based on the review by the Department of Code Enforcement and Fire Prevention Bureau, the Board of Public Works recommended at its meeting held on December 3, 1984, that a license for the operation of a facility for the recycling of industrial waste as approved by the Board of Zoning Appeals at its meeting held on November 15, 1984, be issued to Something of Value, Inc., 1100 Prairie Avenue, South Bend, Indiana, after approval of building plans, correction of all building code and fire code violations as shown on attached Exhibits A and B, compliance with all state and local occupancy requirements and receipt of an Occupancy Permit from the City of South Bend. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the License application for the operation of a facility for the recycling of industrial waste as approved by the Board of Zoning Appeals at its meeting held on November 15, 1984, be issued to SOMETHING OF VALUE, INC., 1100 Prairie Avenue, South Bend, Indiana, after approval of building plans, correction of all building code and fire code violations as shown on attached Exhibits A and B, compliance with all state and local occupancy requirements and receipt of an Occupancy Permit from the City of South Bend. 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 Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney indicated his client would meet all requirements of the resolution, before the operation would be put into effect. Council Member Crone made a motion to amend the resolution by removing the word metal and adding "some" before the word plastics, seconded by Council Member Zakrzewski. The motion carried. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Braboy. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL-NO.-143-84 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDIDIANA, (CHAPTER. 21,: MUNICIPAL CODE) -(SOUTH. SIDE OF IRELAND ROAD BETWEEN FELLOWS -_AND- .HIGH.) This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Puzzello. The motion carried. BILL NO. 144 -84 A BILL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 4, ARTICLE 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF NEW SECTION 4 -23 ENTITLED FERTILIZER MANUFACTURERS. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading January 28, and refer it to the Residential Neighborhood Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 145 -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) (SOUTHEAST CORNER OF THE INTERSECTION OF PORTAGE AND THE TOLL ROAD) This bill had first reading. Council Member Serge made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. UNFINISHED BUSINESS Reports from Area Plan - Bill No. 107 -84 - Rezone 146 North Shore, and Bill No. 111 - 84, rezone 501 -503 -507 E. Ohio. Council Member Taylor made a motion to set Bill No. 107 -84, for public hearing January 14, seconded by Council Member Braboy. The motion carried. Council Member Taylor made a motion to set Bill No. 111 -84 for public hearing January 14, seconded by Council Member Puzzello. The motion carried. REGULAR MEETING DECEMBER 3,_ 1989' _ q, P. There being no further business to come before the Councils unfinished or new, b C Council Member Taylor made a motion to adjourn, seconded by Council AN er rone. The motion carried and the meeting was adjourned at 9:30 p.m. ATTEST: APPROVED: City Clerk P ent