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HomeMy WebLinkAbout09-23-85 Council Meeting MinutesREGULAR MEETING SEPTEMBER 23, 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, September 23, 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 September 9, 1985, meeting of the Council and found them correct. Therefore, we recommend that the same be approved. Beverlie J. Beck Ann Puzzello Thomas Zakrzewski Council Member Serge made a motion that the minutes of the September 9, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1342 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE ACHIEVEMENT FORUM AND TRANS -TECH ELECTRIC, INC. FOR THEIR GENEROSITY IN DONATING THE WELCOME SIGNS AT VARIOUS ENTRANCES TO OUR CITY WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes with pride, that new Welcome signs have been erected at various entrances to our City; and WHEREAS, the Council notes that the Achievement Forum began the sign making project approximately three years ago; and WHEREAS, the seven (7) signs depict scenes of South Bend including the downtown area and East Race, as well as the University of Notre Dame along with the words "Welcome to South Bend "; and WHEREAS, the Council also recognizes that Trans -Tech Electric, Inc. donated all of the labor and equipment to erect the signs by this past Saturday; and WHEREAS, the generosity and pride in our community shown by the Achievement Forum and Trans -Tech Electric, Inc. are great examples of the Hometown spirit of our community. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council commends the Achievement Forum and Trans -Tech Electric, Inc. for their generosity in donating and erecting the seven (7) new "Welcome to South Bend" signs at various entrances to our City. SECTION II. The Common Council believes that the efforts of these two (2) organizations are a great example of the hometown spirit and pride of our community. SECTION III. The City Clerk is directed to send certified copies of this Resolution to each of these organizations by sending them to Robert Urbanski, President of the Achievement Forum and President of Trans -Tech Electric, Inc. 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/ Joseph T. Serge Member of the Common Council /s/ Eugenia Braboy Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council /s/ Ann B. Puzzello Member of the Common Council Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ Beverly D. Crone Member of the Common Council REGULAR MEETING SEPTEMBER 23, 1985 /s/ Al B. Paszek Member of the Common Council /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Beck read the resolution and presented it to Council Member Paszek, a member of the Achievement Forum. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 134 ? -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENCOURAGING THE PEOPLE OF THIS CITY TO PARTICIPATE IN THE SOUTH BEND COALITION'S PEACEFUL DEMONSTRATION OF SOLIDARITY AGAINST APARTHEID IN SOUTH AFRICA. WHEREAS, Apartheid is a policy of strict racial segregation and political and economic discrimination against the native Blacks and other non - European groups in the union of South Africa. WHEREAS, the people of South Africa are currently being held political and economic prisoners under the Rule of Apartheid. WHEREAS, as a result of Apartheid, the people of South Africa are subjected to cruel and inhuman treatment in their own land. WHEREAS, the South Bend Coalition on South Africa seeks to support the National Anti - Apartheid Protest by participating in a peaceful demonstration, on October 12, 1985, showing solidarity with the South African Anti - Apartheid protesters. WHEREAS, we believe the people of South Bend, Indiana, have a moral obligation to respond to the rule of Apartheid in South Africa by displaying humanitarian concern to those subjected to racial injustice. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, that: SECTION I. The Common Council of the City of South Bend recognizes that the people of South Africa are currently being held political prisoners under a Rule of Apartheid and strongly encourages the citizens of this City to show their support of the Anti - Apartheid Movement on October 12, 1985 by participating in this peaceful demonstration showing solidarity. SECTION II. WHEREAS, we believe this demonstration will serve to raise the consciousness of discriminatory practices and racial injustices in our own community, our nation and throughout the world in areas of employment, education, political status and civil rights. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council /s/ Eugenia Braboy Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council /s/ Ann B. Puzzello Member of the Common Council Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ Beverly D. Crone Member of the Common Council /s/ Al B. Paszek Member of the Common Council /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Braboy read the resolution and presented it to South Bend Coalition on South Africa. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. REPORTS Council Member Braboy indicated that the Human Resources Committee had met on bill nos. 112 - 113 -85 and resolution G, and recommended them favorable. REGULAR MEETING SEPTEMBER 23, 1985 Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill No. 44 -85 and recommended it unfavorable; Bill No. 59 -85 was recommended favorable; Bill No. 60 -85 - no recommendation; Bill No. 77 -85 received a favorable recommendation; and Bill No. 79 -85 received a favorable recommendation. Council President Beck announced they were still seeking volunteers to serve on the Animal Control Commission, and all resumes should be submitted by October 11. 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 Monday, September 23, at 7:30 p.m. p.m., with nine members present. Chairman Serge presiding. Council Member Beck made a motion invoke the Council's fifteen minute rule for remonstrators, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 111 -85 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 P. JAMES AND M. MARIA SCHEETZ PROJECT. 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 will be used for the financing of the purchase of land, construction and equipping of improvements. He indicated the facility will be leased by the local ChemLawn franchise. He indicated fourteen new jobs will be created. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 44 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3310 HEPLER STREET IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Voorde made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Duane Burrow, of Area Plan, gave the Staff report. He indicated the Commission had recommended this unfavorable. Richard Morgan, attorney, for the petitioner, indicated they planned to build 56 multi - family units. He indicated these units will be two bedrooms with 1 1/2 baths, at a monthly price range of $600. He indicated the site plan calls for heavy screening of the property. Edward Zyck, attorney representing the neighbors in the area, indicated apartments in this location would increase the traffic on Hepler and it would be unsafe for the children living in the neighborhood. Carolyn Threat, 1862 Winston, spoke against this zoning. Jerry Niedbalski, 3321 Cabot Drive, spoke against this zoning. Elizabth Shakle, 1710 Sterling, indicated the increased traffic would be a danger to the children in the neighborhood. She indicated there are no school crossing guards at Tarkington. Ed Baer, 1733 Winston and David Turnock, 3315 Cabot spoke against this rezoning. Council Member Taylor made a motion that this bill go the Council unfavorable, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to recess, seconded by Council Member Beck. The motion carried and the meeting was recessed at 8:10 p.m., and reconvened at 8:20 p.m. BILL NO. 59 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2610 PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Crone made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Voorde. The motion carried. Duane Burrow, Area Plan, gave the Staff report. He indicated the Commission had recommended this zoning favorable. James Master, attorney, made the presentation for the bill. he indicated that in 1979 the Council rezoned this property to "C" Commercial, however, the final site plan was allowed to lapse and the zoning reverted. He indicated the petitioner obtained a building permit in 1983 and was allowed in add to the facility. He indicated they were asking that this property be zoned to "C" Commercial in order that the property would be properly zoned. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 60 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3928 LINCOLN WAY WEST, COMMONLY KNOWN AS BRENTWOOD SHOPPING CENTER, IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Crone made a motion to accept the substitute bill on file with the City Clerk, seconded by REGULAR MEETING - SEPTEMBER 231 1985 �s Council Member Zakrzewski. The motion carried. Duane Burrow, of Area Plan, gave the Staff report. He indicated the Commission had recommended this rezoning favorable. Jim Masters, attorney, for the petitioner, made the presentation for the bill. he indicated that in order to bring the property into compliance with the zoning laws of the City, it was necessary to rezoning this property. He indicated that Area Plan was requiring that a fence be erected on the back of the property, which was contrary to the City ordinance that requires a fence if the property is within 50' of a residential area. He asked the Council to adopt the site plan without the additional requirements of Area Plan. Council Member Voorde asked the City Engineer, John Leszczynski about the closing the ingress and egress on Elwood. Mr. Leszczynski indicated they City did not require the closing of the access on Elwood. Council Member Voorde asked about the change in drainage to dry wells. Mr. Leszczynski indicated the City did not require them to build dry wells. He indicated there are a variety of options that could be done to handle the drainage, without tearing up the parking lots. Council Member Voorde asked about the requirement of a fence on the back of the property, since the residential property would be higher than the fence. Mr. Leszczynski indicated that a fence could create as many problems as it stops. Council attorney, Kathy Cekanski- Farrand, read the following amendment to this bill: New Section 2. The Common Council approves said rezoning subject to a final site plan which: (a) Deletes the condition that there be no access to Elwood Avenue; (b) Deletes the condition of appropriate screening of the property on the south side from Sheridan Avenue east to the west end of the building; and (c) Requires appropriate screening around the outdoor trash bin area, and requires appropriate screening around the base of the incinerator, or removal of the incinerator. Present Section 2 becomes Section 3. Council Member Taylor made a motion to accept these amendments, seconded by Council Member Zakrzewski. The motion carried. Council Member Voorde made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 77 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT EDISON AND IVY ROAD IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Crone made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Duane Burrow, of Area Plan, gave the Staff report. He indicated the Commission had recommended this zoning favorable. Kevin Butler, attorney, for the petitioner, made the presentation for the bill. He indicated this facility would be a bed and breakfast, with 36 units. He indicated there will be one unit for the manager and spouse. He indicated this facility will generate a low volume of traffic. He indicated he had a petition signed by 27 home owners in the immediate area supporting this rezoning. Bill Casper, 54979 N. Ivy opposed this rezoning because the building would be three stories high. Herman Krizmanich, 54971 Ivy Road, spoke against this rezoning. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Puzzello. The motion carried. BILL NO. 79 -85 A BILL AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED ZONING, AT SUB - SECTIONS 21 -1 (A) (3.1) AND 21 -172. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Duane Burrow, of Area Plan, gave the Staff report. He indicated the Commission recommended this change in the Code favorable. Ann Kolata, Deputy Director, of Redevelopment, made the presentation for the bill. She indicated when this portion of the Code was originally written it was designed to limit the number of billboards in the Central Downtown Renewal Area to the number then in existence. She indicated that in 1981 this was broaden to refer to any redevelopment area, and the subsequent merger and expansion of the Downtown, East Bank and Monroe Sample areas it was inadvertently extended to the new South Bend Central Development Area. She indicated this bill reestablishes a legal description for the area where the number of bill boards will be limited. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Braboy. The motion carried. BILL NO. 100 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF PORTAGE AVENUE RUNNING NORTH FROM THE NORTH RIGHT -OF -WAY LINE OF KING STREET TO THE FIRST INTERSECTING EAST -WEST ALLEY, FOR A DISTANCE OF 118 FEET (ONE HUNDRED EIGHTEEN FEET), BOUNDED ON THE WEST OF LOT 7 OF POLI'S FIRST ADDITION, AND ON THE EAST BY LOT A OF THE VICTORY ADDITION. Council Member Taylor made a motion to continue public hearing on this bill until October 14, seconded by Council Member Beck. The motion carried. BILL NO. 112 -85 A BILL TRANSFERRING $40,00.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Don Inks, Director of Community Development, made the presentation for the bill. He indicated Neighborhood Code Enforcement Demolition is being increased by $25,000, bring the REGULAR MEETING SEPTEMBER 23, 1985 total appropriation for 1985 to $65,000. He indicated that $15,000 would be used for a new project, the old fire station at 803 N. Notre Dame, which currently houses offices for the Northeast Neighborhood Center. He indicated the appropriation would be used to repair the roof and related interior and exterior repairs. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 113 -85 A BILL TRANSFERRING $40,131.00 AMONG VARIOUS JOBS BILL ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Besty Harriman, of Community Development, made the presentation for the bill. She indicated that Jobs Bill Money must be expended by September 30. She indicated this bill would approve the transfer of $40,131 in Jobs Bill funds to pay for curb and sidewalk repairs on Lincolnway West. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Puzzello made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion carried. ATTEST: ATTEST: City Clerk Chairman 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 9:10 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7517 -85 AN ORDINANCE 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 P. JAMES AND M. MARIA SCHEETZ PROJECT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. BILL NO. 44 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3310 HEPLER STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading Council Member Taylor made a motion to defeat this bill, seconded by Council Member Puzzello. The bill was defeated by a roll call vote of eight ayes and one nay (Council Member Braboy). ORDINANCE NO. 7518 -85 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2610 PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Crone 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 the bill, as amended, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7519 -85 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3928 LINCOLN WAY WEST, COMMONLY KNOWN AS BRENTWOOD SHOPPING CENTER, IN THE CITY OF SOUTH BEND, INDIANA. 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 Crone. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Crone. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7520 -85 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT EDISON AND IVY ROAD IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Crone made a motion to amend this bill, as amended, in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING SEPTEMBER 23, 1985 ORDINANCE NO. 7521 -85 AN ORDINANCE AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED ZONING, AT SUB - SECTIONS 21 -1 (A) (3.1) AND 21 -172. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. BILL NO. 108 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF PORTAGE AVENUE RUNNING NORTH FROM THE NORTH RIGHT -OF -WAY LINE OF KING STREET TO THE FIRST INTERSECTING EAST -WEST ALLEY, FOR A DISTANCE OF 118 FEET (ONE HUNDRED EIGHTEEN FEET), BOUNDED ON THE WEST OF LOT 7 OF POLI'S FIRST ADDITION, AND ON THE EAST BY LOT A OF THE VICTORY ADDITION. Council Member Taylor made a motion to continue public hearing on this bill to October 14, seconded by Council Member Crone. The motion carried. ORDINANCE NO. 7522 -85 AN ORDINANCE TRANSFERRING $40,00.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. 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. 7523 -85 AN ORDINANCE TRANSFERRING $40,131.00 AMONG VARIOUS JOBS BILL ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Braboy 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. 1344 -85 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF INTENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND MATTHEW R. AND LYNN H. DEE PROVIDING FOR THE ISSUANCE OF SAID CITY OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF INDIANA CODE, TITLE 36, ARTICLE 7, CHAPTER 12, AS AMENDED. The area still has insufficient employment opportunities and insufficient diversification of industries, which conditions are harmful to the economic stability and general welfare of the area and, if not remedied, will be detrimental to the development of such area. The City of South Bend, Indiana (the "City ") is authorized under the provisions of Indiana Code, Title 36, Article 7, Chapter 12, as amended (the "Act "), to acquire, construct and finance economic development projects for the users thereof and to provide for the issuance of revenue bonds in conjunction therewith. The City, in order to implement the public purposes enumerated in the Act and in furtherance thereof to induce Matthew R. and Lynn H. Dee (The "Borrower ") to purchase land and improvements and construct and equip additional improvements on real estate to be purchased (hereinafter collectively called the "Project ") within the limits of South Bend, Indiana, has indicated its intent to issue its revenue bonds under the pursuant to the provisions of the Act and to apply the proceeds therefrom to the payment of the costs of the Project. The Borrower, after considering a number of possible locations within and outside the State of Indiana, and in reliance upon the intent of the City of finance the Project through the issuance of revenue bonds under the provisions of the Act, has determined to construct the Project within the limits of South Bend, Indiana. It is now deemed advisable to authorize the execution and delivery by the City of a Memorandum of Intent expressing formally and in writing the understanding heretofore formally agreed upon by the City and the Borrower. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. The Mayor is hereby authorized and directed to execute a Memorandum of Intent by and between the City and the Borrower and the City Clerk is hereby authorized and directed to affix the seal of the City thereto and to attest the same; and said Mayor and City Clerk are hereby authorized and directed to cause said Memorandum of Intent to be delivered to, accepted and executed by the Borrower, said memorandum of Intent, which is hereby approved and incorporated by reference and made a part of this authorizing resolution, to be in substantially the form attached hereto. REGULAR MEETING SEPTEMBER 23, 1985 SECTION 2. All resolutions and orders, or parts thereof, in conflict with the provisions of this resolution are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate effect from and after its adoption. This inducement 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. Kevin Butler, attorney, indicated petitioners planned to purchase a 25,500 square foot building, which will be leased by United Beverage, Inc. He indicated they planned to add to the facility. He indicated the cost of the project is estimated at $650,000. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1345 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 5712 CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL 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 purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5712 Cleveland Road and 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. 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. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2 -5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for 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. A public hearing was held on the resolution 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 Zakrzewski made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution passed by a roll call vote of nine ayes. RESOLUTION NO. 1346 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 350 S.COLUMBIA 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 purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 350 S. Columbia and more particularly described by a line drawn as follows: A parcel in the Southeast Quarter of Section 12, Township 37 North, Range 2 East, also being a part of Block 8 of the recorded Plat of River Bend Addition, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at the intersection of the East right -of -way line of Columbia Street and the North right -of -way line of Monroe Street as shown on said Plat of River Bend Addition; thence North 0030118" West along said East right -of -way line of Columbia Street 293.20 feet; thence continuing on said East right -of -way line of Columbia Street northward along a curve to the left, having a radius of 421.97 feet and subtended by a long chord with a bearing of North 2022143" West a distance of 27.60 feet to the POINT OF BEGINNING; thence continuing on said right -of -way line northward along a curve to the left having a radius of 421.97 feet and subtended by a long chord 137.68 feet in length with a bearing of North 52000'0" East 86.74 feet; thence South 38000100" East 255.00 feet; thence South 98.62 feet; thence South 75020148" West 78.20 feet to the Point of Beginning. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2 -5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for (real or 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/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, indicated Dr. Harrington has enter into a contract to buy this property. 0 He indicated the doctor plans to build a 3,400 square foot structure for approximately $300,000. He indicated this project will save 10 existing jobs and create 2 additional jobs. He indicated this project is located within a tax abatement impact area. 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 eight ayes and one nay (Council Member Puzzello.) REGULAR MEETING RESOLUTION NO. 1347 -85 SEPTEMBER 23, 1985 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 2920 W. SAMPLE 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 purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2920 W. Sample and more particularly described by a line drawn as follows: A lot or parcel of land in the Northwest Quarter of the Northwest Quarter of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East, described as follows, to -wit: Beginning on the South line of Sample Street in the City of South Bend, Indiana, at a point 330 feet East and 35 feet South of the Northwest corner of said Section 15; thence East along the South line of Sample Street 400 feet; thence South a distance of 536.78 feet more or less to the Northerly right -of -way line of the New Jersey, Indiana and Illinois Railroad; thence Southwesterly along said Northerly right -of -way line of the New Jersey, Indiana and Illinois Railroad 437.58 feet more or less to a point due South of the place of beginning; thence North 714.1 feet more or less to the place of beginning. ALSO, a lot or parcel of land in the Northwest Quarter of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East in the City of South Bend, St. Joseph County, Indiana described as beginning 35 feet South and 165 feet East of the Northwest Corner of Section 15, Township 37 North, Range 2 East, which beginning point is on the South line of Sample Street; thence East (bearing assumed) 165 feet along the South line of said Sample Street; thence South zero degrees 04 minutes West 714.01 feet to the Northerly right -of -way line of the New Jersey, Indiana and Illinois Railroad Right of way; thence South 65 degrees 59 minutes 50 seconds West 251.6 feet along said Northerly right -of -way; thence North zero degrees 02 minutes 50 sections East 587.24 feet to a point 229 feet South and 65 feet West of place of beginning; thence North 89 degrees 50 minutes 50 seconds East 65 feet; thence North zero degrees 02 minutes 50 seconds East 229 feet to place of beginning. EXCEPTING THEREFROM, a parcel of land being a part of the Northwest Quarter of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East in the City of South Bend, St. Joseph County, Indiana, described as follows: Starting at a point 35 feet South and 165 feet East of the Northwest corner of Section 15, Township 37 North, Range 2 East which point is on the South line of East Sample Street; thence South 0 degrees 2 minutes 50 seconds West, 229 feet to the true point of beginning for this description; thence continuing as an extension to the last described line South 0 degrees 2 minutes 50 seconds to the Northerly right -of -way of the Norfolk and Western Railroad (N.J.I. and I.R.R.); thence South 65 degrees 59 minutes 50 seconds West in a Southwesterly direction along the railroad right -of -way to a point which is 109.4 feet Northeasterly as measured on said railroad right -of -way from the West line of Section 15, Township 37 North, Range 2 East; thence North 0 degrees 2 minutes 50 seconds East, 587.24 feet to a point (which point is 264 feet South and 100 feet East of the Northwest corner of said Section 15); thence North 89 degrees 50 minutes 50 seconds East, 65 feet to the point of beginning. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2 -5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only and is limited to five (5) calendar years from the date of adoption of 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/ Beverlie J. Beck Member of the Common Council A public hearing was held.on the resolutions at this time. Thomas Brunner, attorney, indicated they were requesting this abatement for GEM Partnership. He indicated they planned to convert the building into a distribution and operations REGULAR MEETING _.SEPTEMBER 23,_1.985 center for General Microcomputer, Inc. He indicated the project will result in the creation of approximately 25 new jobs. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Puzzello made a motion to combine public hearing on E & F, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 1348 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 3603 PROGRESS DRIVE SOUTH BEND, IN 46628 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 purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3603 Progress Drive, South Bend, IN 46628 and more particularly described by a line drawn as follows: A tract or parcel of land located in the Southwest Quarter of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, more particularly described as follows: Beginning at a point which is One Hundred Ninety -five and Eighteen Hundredths (195.18) feet North and Eight Hundred Fifty -five and Fifty -four Hundredths (855.54) feet Easterly of the _center of said Section 33, said point being on the North line of Progress Drive; thence North 0019'51" East a distance of Four Hundred Sixty -eight and Seventy -three Hundredths (468.73) feet to the South line of the St. Joseph County Airport; thence South 89059138" east on and along the South line of the St. Joseph County Airport a distance of Four Hundred Thirty -nine and Ten Hundredths (439.10) feet; thence South 0018'51" West a distance of Four Hundred Seventy and Sixty -five Hundredths (470.65) feet to the North line of Progress Drive; thence North 89040109" West a distance of Four Hundred Thirty -nine and Seventy -one Hundredths (439.71) feet to the point of beginning. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2 -5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only and is limited to five (5) calendar years from the date of adoption of 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. RESOLUTION NO. 1349 -85 /s/ Beverlie J. Beck Member of the Common Council A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 3603 PROGRESS DRIVE SOUTH BEND, IN 46628 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL 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 purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3603 Progress Drive, South Bend, IN 46628 and more particularly described by a line drawn as follows:. A tract or parcel of land located in the Southwest Quarter of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, more particularly described as follows: Beginning at a point which is One Hundred Ninety -five and Eighteen Hundredths (195.18) feet North and Eight Hundred Fifty -five and Fifty -four Hundredths (855.54) feet Easterly of the center of said Section 33, said point being REGULAR MEETING SEPTEMBER 23, 1985 on the North line of Progress Drive; thence North 0019'51" East a distance of Four Hundred Sixty -eight and Seventy -three Hundredths (468.73) feet to the South line of the St. Joseph County Airport; thence South 89059138" east on and along the South line of the St. Joseph County Airport a distance of Four Hundred Thirty -nine and Ten Hundredths (439.10) feet; thence South 0018151" West a distance of Four Hundred Seventy and Sixty -five Hundredths (470.65) feet to the North line of Progress Drive; thence North 89040109" West a distance of Four Hundred Thirty -nine and Seventy -one Hundredths (439.71) feet to the point of beginning. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2 -5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for 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/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Mark Pajakowski, President of Automatic, indicated they were requesting real and personal abatement to expand their facility. He indicated their company was experiencing the need for newer technological equipment and larger size presses. Council Member Zakrzewski made a motion to adopt Resolution No. 1348 -85, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. Council Member Voorde made a motion to adopt Resolution No. 1349 -85, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote nine ayes. RESOLUTION NO. 1350 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS LOT NUMBERED FIVE (5) AS SHOWN ON THE RECORDED PLAT OF LANDMARK BUSINESS PARK, SECTION THREE (3) 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 Lot Numbered Five (5) as shown on the recorded plat of Landmark Business Park, Section Three (3) South Bend, Indiana, and which is more particularly described by a line drawn as follows: Lot numbered five (5) as shown on the recorded Plat of Landmark Business Park, Section Three (3), recorded April 18, 1985 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 8506870. 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 REGULAR MEETING SEPTEMBER_23, 1985 resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held at this time on the resolution. Thomas Brunner, attorney, indicated that South Bend Drug intend to construct a new warehouse operation on property located south of Brick Road. He indicated they planned to consolidate their operations in this new facility. He indicated 27 new jobs will be created, as well as 71 existing permanent full -time jobs will be maintained. 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. 1351 -85 A JOINT RESOLUTION OF THE MAYOR AND THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING AND JOINING IN A PETITION AND APPEAL TO THE STATE BOARD OF TAX COMMISSIONERS OF THE STATE OF INDIANA FOR RELIEF FROM LEVY LIMITATIONS FOR THE 1985 PAYABLE 1986 TAX LEVIES FOR THE CITY OF SOUTH BEND, INDIANA. WHEREAS, pursuant to Indiana Code 6- 1.1- 18.5 -1 et seq.., the maximum tax levy for 1985 payable 1986 for the City of South Bend has been frozen at 105% of the 1984 payable in 1985 level; and WHEREAS, pursuant to the terms of Indiana Code 6- 1.1- 18.5 -12 et seq., an appeal for relief from such frozen levy may be pursued by a municipal corporation so as to fund certain governmental functions specified therein; and WHEREAS, the Mayor and the South Bend Common Council have joined in the adoption of an appeal from such frozen levy for the purpose of funding certain expenses which are a part of the operation of the municipal government of the City of South Bend, Indiana, which requirements have been caused by insufficient revenues to meet costs required by the lease of the Parking Garages;and WHEREAS, such an appeal seeks an increase in the maximum levy in the total amount of $368,189.00; and WHEREAS, it is the opinion of the Mayor and the Common Council of the City of South Bend that such an appeal is necessary and in the best interests of the citizens of the City of South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Common Council of the City of South Bend, Indiana, do hereby petition and appeal to the State Board of Tax Commissioners of the State of Indiana for relief from levy limitations pursuant to Indiana Code 6- 1.1- 18.5 -1 et seq., as applied to the 1985 payable 1986 tax levies for the City of South Bend, Indiana; such appeal shall be for the purpose of funding certain expenses which are a part of the operations of the municipal government of the City of South Bend, Indiana, which have been caused by insufficient revenues to meet costs required by the lease of the Parking Garages, as follows: A. The deficit of the Parking Garages resulting from insufficient revenue to meet costs required by the lease of the Parking Garages. That accumulated deficit is estimated to be Three Hundred Sixty -eight Thousand, Two Hundred Eight -nine and 00 /100 Dollars ($368,289.00) through December 31st of 1986, I.C. 6- 1.1- 18.5- 8(a)(2), and shall seek total relief from the frozen levy in the amount of $368,289.00 for the tax year 1985 payable 1986. IT IS HEREBY FURTHER RESOLVED that the Mayor and the Common Council of the City of South Bend do hereby join in this petitioning resolution to the State Board of Tax Commissioners of the State of Indiana, that without the requested emergency financial relief for which the City of South Bend petitions, it will be unable to carry out, in its ensuing budget year, the governmental functions and responsibilities committed to it by law. Approved this 23 day of September 1985. /s/ Beverlie J. Beck Council President This Resolution approved and signed by me this 24th day of September 1985. REGULAR MEETING /s/ Roger O. Parent Mayor Attest: Michael L. Vance Controller SEPTEMBER 23, 1985 A public hearing was held on the resolution at this time. Michael Vance, Controller, indicated this resolution was a required step in the appeal procedure. He indicated a copy of this resolution will be sent to the State Board of Tax Commissioners. 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. 114 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF CIRCLE AVENUE RUNNING NORTH FROM WASHINGTON AVENUE TO LISTON STREET FOR A DISTANCE OF 206.25 FEET, ALSO; THE FIRST EAST -WEST ALLEY NORTH OF WASHINGTON AVENUE RUNNING EAST FROM FOREMENTIONED ALLEY A DISTANCE OF 200 FEET TO THE INTERSECTION WITH THE NORTH -SOUTH ALLEY ALL BEING IN BROTHERS ADDITION. This bill had first reading. Council Member Taylor made a motion to set this bill for second reading and public hearing October 14, and refer it to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 115 -85 A BILL APPROPRIATING $83,500.00 FROM THE LOCAL EQUAL EMPLOYMENT AND EQUAL HOUSING OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing October 14, and refer it to the Human Resources Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 116 -85 A BILL APPROPRIATING $77,692.00 FROM THE LOCAL EQUAL EMPLOYMENT AND EQUAL HOUSING OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. for second reading and public Resources Committee, seconded UNFINISHED BUSINESS Reports From Area Plan: Council Member Puzzello made a motion to set this bill hearing October 14, and refer it to the Human by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to set bill nos. 98, 99 and 100 -85 for public hearing and second reading October 14, and refer them to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. 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 9:35 p.m. ATTEST: City Clerk APPROVED: resident