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HomeMy WebLinkAbout08-19-85 Council Meeting MinutesREGULAR MEETING AUGUST 19, 1985 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 19, 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, Paszek, Voorde and Beck Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the August 5, 1985 meeting of the Council and found them correct. Therefore, we recommend the same be approved. Beverlie J. Beck Ann Puzzello Thomas Zakrzewski Council Member Serge made a motion that the minutes of the August 5, meeting of the Council be accepted and placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1321 -85 A JOINT RESOLUTION OF THE MAYOR AND THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING THE OUTSTANDING ACCOMPLISHMENTS OF JESSE L. DICKINSON. WHEREAS, Jesse L. Dickinson contributed significantly to his community throughout his lifetime; and WHEREAS, he set standards for excellence in all his endeavors to serve as a model to others; and WHEREAS, he was particularly interested in education and promoted a desire for scholastic achievement in the young people of this community; and WHEREAS, the Jesse L. Dickinson Memorial Scholarship Fund has been established as a tribute and fitting memorial to this outstanding citizen. NOW, THEREFORE, WE THE UNDERSIGNED, ROGER 0. PARENT, MAYOR, AND MEMBERS OF THE COMMON COUNCIL OF SOUTH BEND, do hereby designate August 24, 1985 as JESSE L. DICKINSON DAY in South Bend, Indiana in recognition of the outstanding accomplishments of Jesse L. Dickinson and the invaluable legacy he has left to this community. s/ Roger O. Parent, Mayor s/ Beverlie J. Beck, President, Common Council Eugenia Brabo Joseph T. Ser Ann Puzzello Vice President, Common Council Robert G. Taylor Thomas Zakrzewski Beverly Crone Al Paszek John Voorde Irene Gammon, Cit Clerk A public hearing was held on resolution at this time. Council Member Crone read the resolution. Council Member Crone, Council Member Braboy and Craig Hartzer, Deputy Mayor, presented this resolution to Mrs. Dickinson. Mrs. Dickinson thanked the Council. Melva Martin, President of the NAACP thanked the Council. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. nVnnDme Council Member Braboy indicated that the Human Resources Committee had met on Bill No. 96 -85, and tax abatements for 201 N. Main, 604 S. Scott, and 5712 Cleveland Road. She indicated all items received a favorable recommendation. Council Member Puzzello indicated that the Personnel and Finance Committee had several meetings on the budget. REGULAR MEETING AUGUST 19, 1985 Council Member Crone indicated that the Residential Neighborhood Committee had met on American Plasma Systems. Council President Beck indicated that Linda McFarland had been reappointed to the Mayor's Traffic Commission. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. 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 August 19, at 7:15 p.m., with nine members present. Council Member Serge presiding. BILL NO. 75 -85 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY), TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS (TEACHERS CREDIT UNION PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF FIVE MILLION DOLLARS ($5,000,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. Council Member Taylor made a motion to continue public hearing and second reading on this bill indefinitely, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 56 -85 A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND COMMONLY KNOWN AS ANIMALS AND FOWL. 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 Beck made the presentation for the bill. She indicated this ordinance was a positive approach to animal control within the City. She indicated the current ordinance which in many instances have been ignored, held to be impractical, and have not been enforced. She indicated this bill sets forth clear and precise definitions; establishes an animal control commission which will oversee and make recommendations to the City on an annual basis regarding animal regulations; sets forth specific animal care regulations; prohibits the poisoning of animals and restricts trapping of animals; sets forth reasonable acreage requirements for keeping of domestic animals within the City. It updates the quarantineregulations in light of State law; it specifically prohibits certain animals and poisonous reptiles and insects from the City; prohibits the housing of wild animals except in limited situations; requires that persons adopting or purchasing dogs be given a notice of pet registration at time of purchase with the adopting or selling facility sending a copy of such notice to the City for their follow -up; classifies specific types of permits; and incorporates a warning notice procedure, citation procedure and hearings before the Neighborhood Code Enforcement Officer, as well as establishes specific fines based on the seriousness of the violation. Kathy Cekanski - Farrand, Council attorney, covered the amendments made to the bill. Council Member Taylor made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Puzzello. The motion carried. Council Member Crone made a motion to amend the bill in Section 5 -5 to read "The initial Council appointments shall be for one, two and three years, and the initial Mayoral appointments shall be for two and three years periods. ", seconded by Council Member Taylor. The motion carried. Ed Talley, 1075 Riverside Drive, spoke in favor of the bill. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to combine public hearing on the next two bills, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 94 -85 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, 1986, AND ENDING DECEMBER 31, 1986, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. BILL NO. 95 -85 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, 1986. 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, Deputy Controller, made the presentation for the bills. He indicated there was an error in Section 2, where it refers to the CCIF it it should be the Cumulative Capital Development Fund. Council Member Taylor made a motion to amend, seconded by Council Member Zakrzewski. The motion carried. Michael Vance indicated the budget should be amended as follows: Controller 148.0 Social Security Reduce $15,000 148.1 Perf Reduce 1,800 0392.0 Membership Dues Reduce 3,000 REGULAR MEETING._. ..AUGUST 19., 1985 Total 19,800 Fire Department 151.0 Medical, Surgical, Dental Reduce $22,970 322.0 Travel Increase 1,000 429.0 Other Equipment Increase 2,000 i Total $19,970 i Police Department 261.0 Other Supplies Total $ 11900 Fire Pension 150.2 Current Year Retiree (2) Reduce $25,436 150.2 Current Year Retiree (1) Reduce 12,718 Total $38,154 Police Pension 150.2 Current Year Retiree (1) Reduce $ 9,086 Park Department 120.0 Salaries & Wages Temp. Reduce $ 7,591 148.0 Social Security Reduce 4,518 Total $12,109 Code Enforcement 396.0 Instruction Reduce $ 5,000 397.0 Humane Society Reduce 2,000 Total $ 7,000 Total Budget Reduction $108,019 Council Member Taylor made a motion to accept these amendments, seconded by Council Member Zakrzewski. The motion carried. Michael Vance thanked the Personnel and Finance Committee for their assistance in the budget process. Council Member Beck made a motion to recommend Bill No. 94 -85 to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. Council Member Beck made a motion to recommend Bill No. 95 -85 to the Council favorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 96 -85 A BILL AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY ADDING AN ADDITIONAL ECONOMIC DEVELOPMENT TARGET AREA TO ARTICLE 13, 328 N. MICHIGAN. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ken Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated that in order for Tripods Partnership to receive an Economic Development Bond, the area must be declared a target area. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 94 -85 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, 1986, AND ENDING DECEMBER 31, 1986, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. Council Member Crone made a motion to set this bill for second reading on August 26 at 4:00 p.m., seconded by Council Member Taylor. The motion carried. BILL NO. 95 -85 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, 1986. Council Member- Crone made a motion to set this bill for second reading on August 26, at 4:00 p.m., seconded by Council Member Taylor. The motion carried. There being no further business to come before the Committee of the Whole,-Copncil Member Taylor made a motion to rise and report to the..Council.; seconded by Council Member Zakrzewski. The motion ca.,cried. � " REGULAR MEETING ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman AUGUST 19, 1985 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 7:45 p.m. Council President Beck presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 7505 -85 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND COMMONLY KNOWN AS ANIMALS AND FOWL. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7506 -85 AN ORDINANCE AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY ADDING AN ADDITIONAL ECONOMIC DEVELOPMENT TARGET AREA TO ARTICLE 13, 328 N. MICHIGAN. 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 nine ayes. RESOLUTIONS RESOLUTION NO. 1322 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 201 NORTH MAIN) AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. 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 201 North Main, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Lots 226, 227 and 228 in the "ORIGINAL PLAT OF THE TOWN (now City) OF SOUTH BEND" as recorded in the records of St. Joseph County, Indiana EXCEPTING: Beginning at the Southwest Corner of said Lot 228; thence, North, 198.00 ft. to the N.W. Corner of Lot #226; thence, East, 100.00 ft.; thence, South, 139.90 ft; thence, West, 44.80 ft.; thence, South, 8.00 ft.; thence, West, 17.00 ft.; thence, South, 50.10 ft; thence, West, 38.20 ft., 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 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. - REGULAR, MEETING _AUGUST 19,,1985 /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Alan Enderle, attorney, indicated this partnership intends to expend approximately $1,000,000 to repair and renovate this property. He indicated it was anticipated 25 new permanent full -time jobs will be created, and 50 existing permanent full -time and 15 part -time jobs will be maintained. He indicated this building will be used as office space and retail space. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. Council Member Taylor made a motion to combine public hearing on Resolutions B and C, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 1323 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 604 SOUTH SCOTT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. 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 604 South Scott, South Bend, Indiana, and which is more particularly described by a line drawn as follows: PARCEL 1: Lot Numbered One (1) except the South 20 feet thereof, and Lots Numbered Two (2), Three (3) and Four (4) in Ford's Subdivision of the South part of Bank Out Lot Numbered Sixty (60) in the First Plat of Out Lots of the Town, (now City), of South Bend, platted by the State Bank of Indiana. PARCEL II: A part of Bank Out Lot Numbered Sixty (60) in the City of South Bend as platted by the State Bank of Indiana, and more particularly described as follows: Beginning on the West Line of Prairie Avenue as existed on December 31, 1960 and the North line of Lot Numbered 3 as shown on the recorded Plat of Ford's Subdivision of a part of Bank Out Lot Numbered 60 as recorded on August 20, 1873 in Plat Book 3, page 31, in the Office of the Recorder of St. Joseph County, Indiana; thence Westerly along the North line of Lots Numbered 3 and 4 in Ford's Subdivision a distance of 142 feet to the east line of Scott Street; thence North and along the East line of Scott Street 227 feet; thence Northeasterly at right angles to the East line of Scott Street 268 feet, more or less, to the West line of Prairie Avenue as existed on December 31, 1960; thence Southerly and along said West line 254 feet, more or less to the place of beginning. PARCEL III: That part of Bank Out Lot Numbered Sixty (60) as platted and recorded by the State Bank of Indiana, located in the City of South Bend, which lies North of the North line of a parcel of land conveyed by the Lake Shore Michigan Southern Railway Company to the Standard Oil Company by Deed Dated August 14th 1893, recorded in Book 93, page 348 of the records of the Recorder of St. Joseph County, and which lies South of a line beginning at a point in the Easterly line of Scott Street in the said City of South Bend 16.8 feet, more or less, Southerly of the center of the track of the New York Central Railroad Company lying South of the four main tracks of said railroad company, measured along the east line of said Scott Street, said point being distant .3 feet Southerly, measured along said street line at sidewalk level, from the Southerly edge of the Southeasterly pylon of the bridge of The New York Central Railroad Company over Scott Street, said point also being 165.22 feet, more or less, North of the intersection of the East line of Scott Street with the North line of land conveyed to the Standard Oil Company by deed dated August 14th, 1893, as aforesaid, measured along the East line of said Scott Street; thence Southeasterly along a straight line forming an angle of 79011' measured from South to East with said East line of Scott Street, a distance of 311.7 feet to a point which is 14.6 feet Southerly of said track of the New York Central Railroad Company measured at right angles to said straight line, said point being also.l feet Northerly of the Northwesterly corner of the top of retaining wall extending Westerly from the Southwesterly pylon of the bridge of The New York Central Railroad Company over Prairie Street, said line passes through a point marked by a drill hole placed in the face of the retaining wall situated on the East side of said Scott Street at a point 3 feet above sidewalk level; thence Southerly along a straight line forming an angle of 94050' to last described straight line, measured from West to South, a distance of 4.6 feet to a point distant 2.75 feet by rectangular measurement Southeasterly from the face of the retaining wall aforesaid; thence Easterly along a straight line parallel to said retaining wall, a distance of 31.8 feet, more or less, to a point in the Westerly line of Prairie Avenue and forming an angle of 66030' with said Westerly line of Prairie Avenue measured from West to South, said point in the Westerly line of Prairie Avenue being 18.9 feet, more or less, Southwesterly of the center line of said track of the New York Central Railroad company measured along the said Westerly line of Prairie Avenue, said point also being 112.8 feet, more or less, Northeasterly of the intersection of said Westerly line of Prairie Avenue with the Northerly line of said parcel of land conveyed to The Standard Oil Company by deed dated August 14th, 1983, as aforesaid. 1 REGULAR MEETING ALL PARCELS: located in St. Joseph County, Indiana. AUGUST 19, 1985 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 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 RESOLUTION NO. 1324 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 604 SOUTH SCOTT AN ECONOMIC REVITALIZATION AREA 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 604 South Scott, South Bend, Indiana, and which is more particularly described by a line drawn as follows: PARCEL 1: Lot Numbered One (1) except the South 20 feet thereof, and Lots Numbered Two (2), Three (3) and Four (4) in Ford's Subdivision of the South part of Bank Out Lot Numbered Sixty (60) in the First Plat of Out Lots of the Town, (now City), of South Bend, platted by the State Bank of Indiana. PARCEL II: A part of Bank Out Lot Numbered Sixty (60) in the City of South Bend as platted by the State Bank of Indiana, and more particularly described as follows: Beginning on the West Line of Prairie Avenue as existed on December 31, 1960 and the North line of Lot Numbered 3 as shown on the recorded Plat of Ford's Subdivision of a part of Bank Out Lot Numbered 60 as recorded on August 20, 1873 in Plat Book 3, page 31, in the Office of the Recorder of St. Joseph County, Indiana; thence Westerly along the North line of Lots Numbered 3 and 4 in Ford's Subdivision a distance of 142 feet to the east line of Scott Street; thence North and along the East line of Scott Street 227 feet; thence Northeasterly at right angles to the East line of Scott Street 268 feet, more or less, to the West line of Prairie Avenue as existed on December 31, 1960; thence Southerly and along said West line 254 feet, more or less to the place of beginning. PARCEL III: That part of Bank Out Lot Numbered Sixty (60) as platted and recorded by the State Bank of Indiana, located in the City of South Bend, which lies North of the North line of a parcel of land conveyed by the Lake Shore Michigan Southern Railway Company to the Standard Oil Company by Deed Dated August 14th 1893, recorded in Book 93, page 348 of the records of the Recorder of St. Joseph County, and which lies South of a line beginning at a point in the Easterly line of Scott Street in the said City of South Bend 16.8 feet, more or less, Southerly of the center of the track of the New York Central Railroad Company lying South of the four main tracks of said railroad company, measured along the east line of said Scott Street, said point being distant .3 feet Southerly, measured along said street line at sidewalk level, from the Southerly edge of the Southeasterly pylon of the bridge of The New York Central Railroad Company over Scott Street, said point also being 165.22 feet, more or less, North of the intersection of the East line of Scott Street with the North line of land conveyed to the Standard Oil Company by deed dated August 14th, 1893, as REGULAR MEETING AUGUST 19, 1985 aforesaid, measured along the East line of said Scott Street; thence Southeasterly', along a straight line forming an angle of 79011' measured from South to East with said East line of Scott Street, a distance of 311.7 feet to a point which is 14.6 feet Southerly of said track of the New York Central Railroad Company measured at right angles to said straight line, said point being also .1 feet Northerly of the Northwesterly corner of the top of retaining wall extending Westerly from the Southwesterly pylon of the bridge of The New York Central Railroad Company over Prairie Street, said line passes through a point marked by a drill hole placed in the face of the retaining wall situated on the East side of said Scott Street at a point 3 feet above sidewalk level; thence Southerly along a straight line forming an angle of 94050' to last described straight line, measured from West to South, a distance of 4.6 feet to a point distant 2.75 feet by rectangular measurement Southeasterly from the face of the retaining wall aforesaid; thence Easterly along'a straight line parallel to said retaining wall, a distance of 31.8 feet, more or less, to a point in the Westerly line of Prairie Avenue and forming an angle of 66030' with said Westerly line of Prairie Avenue measured from West to South, said point in the Westerly line of Prairie Avenue being 18.9 feet, more or less, Southwesterly of the center line of said track of the New York Central Railroad company measured along the said Westerly line of Prairie Avenue, said point also being 112.8 feet, more or less, Northeasterly of the intersection of said Westerly' line of Prairie Avenue with the Northerly line of said parcel of land conveyed to The Standard Oil Company by deed dated August 14th, 1983, as aforesaid. ALL PARCELS: located in St. Joseph County, Indiana. 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 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 personal 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. Ernest Szarwark, attorney, indicated this company conducts the recycicing of industrial and commercial by- products into useable fuel largely for use by utilities. He indicated this project qualifies for tax abatement under the current standards. He indicated two jobs will be saved and nineteen new jobs will be created. Council Member Taylor made a motion to adopt Resolution No. 1323 -85, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. Council Member Taylor made a motion to adopt Resolution No. 1324 -85, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. Council Member Puzzello made a motion to combine public hearing on Resolutions D and E, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 1325 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 5712 CLEVELAND ROAD BETWEEN OLIVE STREET AND MAYFLOWER ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. REGULAR MEETING AUGUST 19, 1985 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 5712 Cleveland Road, South Bend, Indiana, and which is more particularly described by a line drawn as follows: That part of the East half of the Northeast quarter of Section 19, and the West half of the West half of the Northwest quarter of Section 20 T, 38 N., R. 2 E., German Township, St. Joseph County, Indiana, which is described as: Beginning at a Point which is S. 000481 E., 109.48 ft. from a Point on the North line of said Section 19 which is N. 89038' E., 613.05 ft. from the Northwest Corner of the East half of the East half of the Northeast quarter of said Section 19; thence N. 74020145" E., 153.56 ft.; thence N. 89054158" E., 202.68 ft.; thence S. 81038144" E., 154.30 ft.; thence S. 68002155" E., 180.98 ft.; thence, around a 854.93 ft. radius curve to the right an Arc distance of 500.09 ft. to the end of a chord which bears S. 51037157" E. and have a chord distance of 492.99 ft.; thence S. 34052130" E., 230.30 ft.; thence around a 1532.40 ft. radius curve to the left an Arc distance of 313.75 ft. to the end of a chord which bears S. 40044126" E. and have a chord distance of 313.21 ft.; thence S. 00035100" E., 1246.47 ft.; thence S. 89042157" W., 89.87 ft.; thence N. 49016145" W., 548.69 ft.; thence S. 89042155" W., 235.00 ft.; thence, S. 53031121" W., 254.02 ft.; thence S. 10041147" W., 341.25 Ft.; thence N. 00048100" W., 610.00 ft.; thence S. 89042157" W., 332.78 ft.; thence N. 5032117" E., 60.31 ft.; thence around a 35.00 ft. radius curve to the right an Arc distance of 54.67 ft. to the end of a chord which bears N. 45032137" W. and having a chord distance of 49.28 ft.; thence, N. 00048'00" W., 533.76 ft.; thence, around a 8958.91 ft radius to the left an Arc distance of 250.86 ft. to the end of a chord which bears N. 1036'08" W. and having a chord distance of 250.85 ft.; thence around a 8898.91 ft. radius curve to the right an arc distance of 249.18 ft. to the end of a chord which bears N. 1036108" W. and having a chord distance of 249.17 ft.; thence N. 00048'00" W., 420.66 ft. to the Point of Beginning. Containing 49.2075 Acres, all of which is located in the County of St. Joseph in the State of Indiana. 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 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 RESOLUTION NO.1326 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 5712 CLEVELAND ROAD BETWEEN OLIVE STREET AND MAYFLOWER ROAD AN ECONOMIC REVITALIZATION AREA 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 5712 Cleveland Road, South Bend, Indiana, and which is more particularly described by a line drawn as follows: That part of the East half of the Northeast quarter of Section 19, and the West half of the West half of the Northwest quarter of Section 20 T, 38 N., R. 2 E., German Township, St. Joseph County, Indiana, which is described as: Beginning REGULAR MEETING AUGUST 19, 1985 at a Point which is S. 000481 E., 109.48 ft. from a Point on the North line of said Section 19 which is N. 89038' E., 613.05 ft. from the Northwest Corner of the East half of the East half of the Northeast quarter of said Section 19; thence N. 74020145" E., 153.56 ft.; thence N. 89054158" E., 202.68 ft.; thence S. 81038'44" E., 154.30 ft.; thence S. 68002155" E., 180.98 ft.; thence, around a 854.93 ft. radius curve to the right an Arc distance of 500.09 ft. to the end of a chord which bears S. 51037157" E. and have a chord distance of 492.99 ft.; thence S. 34052130" E., 230.30 ft.; thence around a 1532.40 ft. radius curve to the left an Arc distance of 313.75 ft. to the end of a chord which bears S. 40044'26" E. and have a chord distance of 313.21 ft.; thence S. 00035100" E., 1246.47 ft.; thence S. 89042157" W., 89.87 ft.; thence N. 49016145" W., 548.69 ft.; thence S. 89042155" W., 235.00 ft.; thence, S. 53031121" W., 254.02 ft.; thence S. 10041147" W., 341.25 Ft.; thence N. 00048100" W., 610.00 ft.; thence S. 89042157" W., 332.78 ft.; thence N. 5032117" E., 60.31 ft.; thence around a 35.00 ft. radius curve to the right an Arc distance of 54.67 ft. to the end of a chord which bears N. 45032137" W. and having a chord distance of 49.28 ft.; thence, N. 00048100" W., 533.76 ft.; thence, around a 8958.91 ft radius to the left an Arc distance of 250.86 ft. to the end of a chord which bears N. 1036108" W. and having a_chord distance of 250.85 ft.; thence around a 8898.91 ft. radius curve to the right an arc distance of 249.18 ft. to the end of a chord which bears' N. 1036'08" W. and having a chord distance of 249.17 ft.; thence N. 00048'00" W., 420.66 ft. to the Point of Beginning. Containing 49.2075 Acres, all of which is located in the County of St. Joseph in the State of Indiana. 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 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 personal 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. Ernest Szarwark, attorney, indicated Ameritech plans to build a warehouse facility, which will be used as a multi -state regional warehousing and motor freight facility. This facility will create 180 new jobs. He indicated this project falls within the current criteria for tax abatement. Council Member Voorde made a motion to adopt Resolution No 1325 -85, seconded by Council Member Taylor. The resolution passed by a roll call vote of nine ayes. Council Member Voorde made a motion to adopt Resolution No. 1326 -85, seconded by Council Member Taylor. The resolution was adopted by a roll call voter of nine ayes. RESOLUTION NO. 1327 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE VARIANCE REQUEST FOR NON - CONTIGUOUS PARKING OF AMERICAN PLASMA SYSTEMS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that the Board of Zoning Appeals has specific duties and powers pursuant to State law; and WHEREAS, the Council further recognizes that the Board is required to make a finding and a determination in variance requests that: (1) if granted the variance will not be injurious REGULAR MEETING AUGUST 19, 1985 to the public health, safety, morals, and general welfare of the community; (2) the use or value of the area adjacent to property included in the variance will not be adversely affected; (3) the need for the variance arises from some condition peculiar to the property involved and does not exist in the same zone; and (4) strict application of the terms of the zoning ordinance would constitute an unusual and unnecessary hardship. WHEREAS, it has been bought to the attention of the Common Council by the residents who live in the neighborhood near 515 Lincolnway West, where the American Plasma Systems, Inc., is presently located, that if the variance is granted that their neighborhood would be adversely affected and that it would be injurious to their property. WHEREAS, the Common Council recognizes that the American Plasma Industry is strictly regulated by the United States Food and Drug Administration (FDA); and WHEREAS, the Council believes that the City must continually weigh and delicately balance the needs of the neighborhood with the needs of the business community, however the Council believes that in this particular case the needs and concerns of the neighborhood far outweigh those of the business and therefore the Council voices its opposition to the proposed variance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council recognizes that it has no authority in variance request matters and that such responsibility lies solely with the Board of Zoning Appeals. SECTION II. The Council believes however that in light of the many calls and complaints that it has received regarding the parking variance request of American Plasma Systems, Inc., and after hearing the concerns of the parties involved, that the Council believes that the variance, if granted, would be injurious to and adversely affect the residents and neighborhood. SECTION III. The Council requests the City Clerk to send a copy of this Resolution to the Board of Zoning Appeals so that it can be made a formal part of their record when hearing the variance request at their September meeting. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the 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. Council Member Crone made a motion that the resolution be amended by deleting the fifth whereas, and in Section 2 delete "near 515 Lincolnway West ", seconded by Council Member Taylor. The motion carried. Council Member Serge read the resolution. Kathy Barnard, Director of Code Enforcement, spoke in favor of this resolution. Anna Pappas, 512 W. Madison spoke in favor of this resolution. Jim Masters, attorney, spoke in favor of this resolution. Nora Snell, 746 Blaine, Gladys Howard, 511 W. Madison, and Linda Jerden, 520 Madison, spoke in favor of this resolution. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 97 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2904 S. MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA. 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. BILL NO. 98 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2510 LATHROP, IN THE CITY OF SOUTH BEND, INDIANA. 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. REGULAR MEETING AUGUST 19, 1985 BILL NO. 99 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1520 VASSAR, IN THE CITY OF SOUTH BEND, INDIANA. 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. BILL NO. 100 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT SOUTH OF SCOTTSDALE MALL FRONTING ON MIAMI ROAD, IN THE CITY OF SOUTH BEND, INDIANA. 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. ORDINANCE NO. 7507 -85 AN ORDINANCE REPEALING ORDINANCE 7501 -85 AND AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1985 (GEM PARTNERSHIP PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION DOLLARS ($1,000,000) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had first reading. Council Member Taylor made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Puzzello. The motion carried on a roll call vote of nine ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Thomas Brunner, attorney, made the presentation for the bill. He indicated that additional terms have been required by the prospective purchaser of the GEM Partnership industrial revenue bonds, since the passage of Ordinance No. 7501 -85. He indicated the clarifications in question are significant enough to require their approval by the Common Council before the bonds in questions are sold. He indicated this project will result in the creation of approximately 25 new jobs. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. BILL NO. 102 -85 A BILL TRANSFERRING $250,000 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing September 9, and refer it to the Human Resources Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 103 -85 A BILL AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED BUILDINGS. This bill had first reading. Council Member Taylor made a motion to set this bill for second reading and public hearing September 9, and refer it to the Public Safety Committee, seconded by Council Member Puzzello. The motion carried. BILL NO. 104 -85 A BILL AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO ADD NEW SECTIONS CONCERNING SATELLITE DISH ANTENNAE. This bill had first reading. Council Member Serge made a motion to refer this bill to the Committee of the Whole, seconded by Council Member Taylor. The motion i carried. BILL NO. 105 -85 A BILL APPROPRIATING FUNDS IN THE AMOUNT OF $55,000.00 FROM THE GENERAL PARK FUND TO ACCOUNT NUMBER 01.0399, OTHER CONTRACTUAL SERVICES ($30,000.00), ACCOUNT NUMBER 01.0429, OTHER EQUIPMENT ($15,000.00) AND ACCOUNT NUMBER 01.0255, OTHER MATERIALS ($10,000.00) ALL ACCOUNTS BEING IN THE PARK MAINTENANCE FUND O1. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing September 9, and refer it to the Parks Committee seconded b Council Member Taylor. The motion carried. Y Y BILL NO. 106 -85 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CERTAIN PORTIONS OF CHAPTER 17 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS SEWERS AND WATER. This bill had first reading. Council Member Taylor made a motion to set this bill for second reading and public hearing September 9, and refer it to the Utilities Committee, seconded by Council Member Braboy. The motion carried. REGULAR MEETING UNFINISHED BUSINESS AUGUST 19, 1985 Council Member Zakrzewski made a motion to set the bill for rezoning 1102 E. Wayne for second reading and public hearing September 9 and refer it to the Zoning and Vacation Committee, seconded by Council Member Braboy. The motion carried. PRIVILEGE OF THE FLOOR Ralph Johnson, 734 N. Cushing asked what percentage of the ticket sales for the new baseball stadium, as well as the beer and hot dog sales, will come back to the City. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Puzzello. The motion carried and the meeting was adjourned at 8:30 p.m. ATTEST: City Clerk APPROVED: P esident 1 1 •q0V age. go SUOTSTAOad pup sasodand aqs. g4TM ATduioO TTTM pup A -4TO aqs. 30 aJPJTaM OTuzouo0a aqq Oq 4Tjauaq go aq TTTM buTOUPUT,J pasodoad aqs 'Z •qoV aqq Aq pa44Tuiaad pup pazTaoggnp SaOanos pagTWTT aqq WOJJ ATaTos aTgpApd aq TTTM qnq AgTO age. go SUOTgpbTTgo Tpaauab aq qou TTTM spuoq goTgm 'spuoq anuanaa sqT go (00'000'00t$) SapTTOQ 00T /0u pup pupsnogs paapunH anod ATagpiuTxoaddp azTaoggnp oq 'MpT pupTpul go SUOTSTAOad TTp qqTM aOUpTTdwoo uodn 'buTTTTM ST AgTO aqq pup qoV aqq oq qupnsand spuoq anuanaa Jo a0upnSST aqs. gbnoagq A4TO aqs. 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