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HomeMy WebLinkAbout10-14-85 Council Meeting MinutesREGULAR MEETING OCTOBER 14, 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, October 14, 1985, 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 23, 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 September 23, 1985, meeting of the Council be accepted and placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS Council Member Taylor made a motion that the Council hold one meeting in November, November 18, and change the meetings in December to December 2 and December 16, seconded by Council Member Serge. The motion carried. Council Member Taylor made a motion to have a meeting with the firefighters on October 21, seconded by Council Member Puzzello. The motion carried. Council Member Voorde made a motion to reappoint Lehmon Haynes to the Older Adults Council, seconded by Council Member Taylor. The motion carried. Council Member Taylor indicated as chairman of the Public Safety Committee, he was requesting all information surrounding the circumstances where our firefighters slept through three emergency calls. RESOLUTION NO. 1352 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING RESIDENTS TO PARTICIPATE IN THE SECOND ANNUAL CITY -WIDE THANKSGIVING DINNER SPONSORED BY THE RAINBOW COALITION. WHEREAS, the Common Council notes that the Rainbow Coalition is an awareness group which represents all ethnic and cultural backgrounds, and WHEREAS, the Council recognizes that the Rainbow Coalition is sponsoring the second annual City -Wide Thanksgiving Dinner; and WHEREAS, the dinner is sponsored in the hope of trying to address some of the needs of the less fortunate of our community and to provide an opportunity for individuals to come and share on this special day of Thanksgiving; and WHEREAS, the Common Council commends the Rainbow Coalition for again sponsoring such a worthwhile event and urges residents to share by attending the dinner at St. Hedwig Memorial Center from noon until 3:00 p.m. on Thursday, November 28th. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I.. The Common Council commends the Rainbow Coalition for sponsoring the 2nd Annual City -Wide Thanksgiving Dinner to be held on Thursday, November 28, 1985. SECTION II. The Council believes that such an annual event is a positive way of sharing food and self with the needy, the hungry, the poor, the lonely, and the less fortunate of our community. 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 REGULAR MEETING OCTOBER 14, 1985 /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 Beck read the resolution and presented it to Connie Green, who thanked the Council for the resolution. 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. RESOLUTION NO. 1353 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE HOLY FAMILY YOUTH GROUP. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that it is fortunate to have a wide variety of private and public organizations serving the needs of our community; and WHEREAS, the Council recognizes that on the West Side of our City there is a very active organization known as the Holy Family Youth Group; and WHEREAS, the Council wishes to congratulate Bob Dudzinski, Youth Director, all of the behind - the - scenes members, the cast members, the musicians, and artists who sponsored and participated in the recent production of "Godspell "; and WHEREAS, the attendance of over 1,000 people of the three "Godspell" productions is a tribute to the success of persons of all ages working together. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, wishes to commend the Holy Family Youth Group, Bob Dudzinski, Youth Director, and all of the many individuals who worked to make the recent "Godspell" production such a success. SECTION II. The Council believes that groups of this type and productions of kind are positive examples of the many contributions make to our community by individuals who care about themselves and others. 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 Zakrzewski read the resolution and presented it to Bob Dudzinski, Youth Director of Holy Family. Mr. Dudzinski presented the cast members and thanked the.Council for the resolution. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Paszek. The resolution was adopted by a roll call vote of nine ayes. Jim Ragland, of the South Bend Energy Commission, presented the Council with their annual report. He briefly covered the contents of the report. REPORTS Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill No. 73 -85 and 108 -85 and recommended them unfavorable. He indicated they had met on Bill nos. 98, 99, 100 and 114 -85 and recommended them favorable.. Council Member Braboy indicated that the Human Resources Committee had met on Bill nos. 115 and 116 -85, as ell as resolutions B, C and F and recommended them all favorable. REGULAR MEETING OCTOBER 14, 1985 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 October 14, at 7:28 p.m., with nine members present. Chairman Serge presiding. Council Member Voorde made a motion to suspend the rules and have public hearing on 99 -85 at this time, and then return to the Agenda and have combine public hearing on Bill nos. 73 and 108 -85, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 99 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 920 WILBER 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 M otion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to invoke the Council's fifteen minute rule for public hearing, seconded by Council Member Taylor. The motion carried. Larry Magliozzi, from Area Plan, gave the staff report, which was favorable. Rev. James Trepanier, Pastor of Holy Cross, made the presentation for the bill. He indicated the rezoning was being requested in order to convert the convent into a dormitory which would accomodate Notre Dame graduate students. He indicated it was necessary to rezoning this property, from "A" residential to "B" residential. He presented petitions with 577 signatures in favor of this rezoning. Paul Cholis, attorney, spoke in favor of this rezoning. He indicated this property would be used for graduate Notre Dame students. He indicated the church had formed a committee to oversee this property. He indicated that Council Member Serge had told them that if there were any problems with the rezoning he would request that the zoning be changed back to "A residential. Nora Snell, vice president of the Near Northwest Neighborhood Association, spoke in favor of this rezoning. Patricia Bashaw, 906 Allen; Catherine O'Hara, 1865 N. College; Phyllis Lies, 1140 Hillcrest, spoke in favor of this rezoning. Henry Locsmondy, 905 Wilber, indicated that 85% of the property owners living within 300' were against this rezoning. Ike Bierwagen, 921 Wilber, and Ruth Garen, 1217 Van Buren, spoke against this rezoning Council Member Voorde made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. Council Member Beck made a motion to recess, seconded by Council Member Taylor. The motion carried and the meeting was recessed at 8:00 p.m., and reconvened at 8:10 p.m. BILL NO. 73 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1321 KING STREET IN THE CITY OF SOUTH BEND, INDIANA. 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. 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 No. 73 -85, as on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Larry Magliozzi, from Area Plan, gave the staff report, which was unfavorable. Thomas Neff, architect, indicated that presently there is only space for three cars at the drive -up window before they extend onto Portage. He indicated that if the property is rezoned there could be 17 cars before they extend onto Portage, plus there would be more parking area in the lot. Ralph Johnson, 734 N. Cushing, spoke in favor of this rezoning. Emil Reznik, 6231 Chaucer Ct., vice president of First Source Bank, indicated they intended to build a colonial style facility in this location. Gordon Denby, 1318 King St., spoke against this zoning. Kevin Clark, 1322 King and Sam Molinaro, 1330 King, spoke against this rezoning. Council Member Beck made a motion to recommend Bill No. 73 -85 to the Council unfavorable, seconded by Council Member Puzzello. The motion carried. Council Member Beck made a motion to recommend Bill No. 108 -85, to the Council unfavorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 99 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2510 LATHROP 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. Larry Magliozzi, from Area Plan, gave the Staff Report, which was favorable. Douglas Peirce, 51591 U. S. 31, made the presentation for the bill. He indicated the petitioner planned to open a gift and ceramic shop at this location. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. REGULAR MEETING BILL NO. 100 -85 OCTOBER 14, 1985 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED SOUTH OF SCOTTSDALE MALL, FRONTING ON SOUTH MIAMI 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 Taylor. The motion carried. Larry Magliozzi, from Area Plan, gave the Staff report which was favorable. Jack Dunfee, attorney, made the presentation for the bill. He indicated this is a 10.9 acre site, and only a part of it will be developed, the fronting part on Miami will be developed later. He indicated the present owners would like to add to the Scottsdale Mall to provide for an additional department store. He indicated 200 permanent jobs will be created. 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. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Bill Sanders, 919 N. Olive, made the presentation for the bill. He indicated Frankie's Barbecue is requesting the vacation of the alley for safety reasons. He indicated this would prevent burglaries, as well as protect their employees who worked nights. Council Member Braboy made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. Council Member Braboy made a motion to combine public hearing on Bill nos. 115 and 116 -85, seconded by Council Member Taylor. The motion carried. BILL NO. 115 -85 BILL NO. 116 -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. 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 being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Larry Johnson, Director of Human Rights, made the presentation for the bill. He indicated that the Commission has contracts with the U. S. Equal Employment Opportunity Commission and the U. S. Department of Housing and Urban Development. He indicated the Commission is reimbursed by the agencies for processing employment and housing discrimination charges. He indicated that because of the increase in EEOC funding and a decrease in HUD funding, it was necessary to submit this bill as a substitute for the Ordinance passed in October of last year. Council Member Beck made a motion to recommend Bill No. 115 -85 to the Council favorable, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to recommend Bill No. 116 -85 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 Beck made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: ll, City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:47 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING BILL NO. 73 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1321 KING STREET IN THE CITY OF SOUTH BEND, INDIANA. 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 nine ayes. REGULAR MEETING OCTOBER _14r._1985 ORDINANCE NO. 7524 -85 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2510 LATHROP IN THE CITY OF SOUTH BEND, INDIANA. 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. ORDINANCE NO. 7525 -85 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 920 WILBER 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 Zakrzewski. 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. ORDINANCE NO. 7526 -85 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED SOUTH OF SCOTTSDALE MALL, FRONTING ON SOUTH MIAMI ROAD, 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 Zakrzewski. 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. 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 defeat this bill, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 7527 -85 AN ORDINANCE 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 second reading. Council Member Braboy made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7528 -85 AN ORDINANCE 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 second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7529 -85 AN ORDINANCE 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 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. 1354 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS LOT NUMBER FIVE (5) AS SHOWN ON THE RECORDED PLAT OF LANDMARK BUSINESS PARK, SECTION THREE (3) 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 REGULAR MEETING OCTOBER 14, 1985 WHEREAS, a Declaratory Resolution designated the area commonly known as Lot Numbered Five (5) as shown on the recorded Plat of Landmark Business Plat, Section Three (3) and more particularly described by a line drawn as follows: Lot Numbered Five (5) as shown on the recorded Plat of Landmark Business Park, Section (3), recorded April 18, 1985 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 8506870. 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 resolution. Thomas Brunner, attorney, indicated that South Bend Drug intends 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 Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1355 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 917 SOUTH CHAPIN 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 917 South Chapin, South Bend, Indiana, and which is more particularly described by a line drawn as follows: The South 150 feet of Parcel No. subdivision in the Southeast and Northeast Quarter of Section 14, Second Principal Meridian, City recorded in Plat Book 21, page 1 County, Indiana. 4 of the Inner Belt Industrial Park, a Southwest Quarters of Section 11, and the all in Township 37 North, Range 2 East of the Df South Bend, Indiana, the plat of which is in the Office of the Recorder of St. Joseph 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. REGULAR MEETING OCTOBER_ 14,_ 198.5 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 resolution. Frederick Boynton, attorney, indicated that Monte and Betty Wechter proposed to purchase and renovate a building located at 917 South Chapin, which will be leased to Midwest Sales and Service. he indicated fifteen full -time and three part -time jobs will be maintained, and three full -time jobs will be created. 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. RESOLUTION NO. 1356 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 746 SOUTH ARNOLD STREET 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 746 South Arnold, South Bend, Indiana, and which is more particularly described by a line drawn as follows: That part of Bank Outlot 104 of the Second Plat of Outlots of the Town, now City of South Bend, platted by the State Bank of Indiana bounded as follows: Commencing at a point at the intersection of the east line of Arnold Street and the north line of Sample Street; thence north along the east line of Arnold Street a distance of 472.37 feet to the true place of beginning, thence along a line having a deflection angle of 90 degrees 7 minutes 30 seconds to the right, a distance of 201.44 feet; thence along a line having a deflection angle of 90 degrees 07 minutes to the left, a distance of 387.02 feet; thence along a line have a deflection angle of 89 degrees 47 minutes to the left, a distance of 201.40 feet to the east line of Arnold Street; thence south along a line having a deflection angle of 90 degrees 13 minutes 30 seconds to the left, a distance of 387.37 feet to the point of beginning. Subject however to two easements reserved and granted by deed recorded in deed record 639, page 96 and 98, said deed covering the conveyance of adjacent property to the east and south by within named grantor. An easement to adjacent owner for ingress and egress (but not exclusive of the right of joint use thereof by the fee owner, its successors and assigns for the same purposes) over the following described tract: Commencing at the point of intersection of the north right -of -way line of Sample Street with the east right -of -way line of Arnold Street a distance of 472.37 feet; thence easterly along a line with a reflection angle of 90 degrees 7 minutes 30 seconds right, a distance of 201.44 feet to the point of beginning; thence northerly along a line with a deflection angle of 90 degrees 7 minutes left a distance of 387.02 feet; thence westerly along a line with a deflection angle of 90 degrees 47 minutes left, a distance of 18 feet; thence southerly along a line with a deflection angle of 90 degrees 12 minutes left, said line being also the east face of the existing Print Shop, a distance of 387.45 feet; thence easterly along a line with a deflection angle of 89 degrees 54 minutes left, a distance of 17.95 feet to the point of beginning. Also, an easement and right -of -way for ingress and egress to the above described tract, (but not exclusive of the right of joint use thereof by adjacent owner, its successors and assigns, for the same purposes), over the following described tract on adjacent property: Commencing at the point of intersection of the north right -of -way line of Sample Street with the east right -of -way line of Arnold Street; thence northerly along and with the east right -of -way line of Arnold Street a distance of 472.37 feet; thence easterly along a line with a deflection angle of 90 degrees 07 minutes 30 seconds right a distance of 201.44 feet to the point of beginning; thence northerly along a line with a deflection angle of 90 degrees 07 minutes left, a distance of 387.02 feet; thence easterly along a line with a deflection angle of 90 degrees, 13 minutes right, a distance of 92.16 feet; thence southerly along a line with a deflection angle of 89 degrees 40 minutes right, a distance of 197.25 feet; 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The City Controller is hereby authorized to execute for the City, individual participation agreements with each said employee requesting same, and to act as the "Administrator" of the Plan representing the City, and to execute such agreements and contracts as are necessary to implement the program. It is implicitly understood that, other than the incidental expenses of collecting and disbursing the employees' deferrals and other minor administrative matters, there be no cost or contribution by the City to the Plan. SECTION III. This resolution shall be in full force and effect from and after its passage by the Council, approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Carol Sanders, deputy controller, indicated earlier this year the council passed an ordinance supporting a deferred compensation program for the employees of the City. She indicated PEBSC was selected as they offered a plan modeled after that of the U. S. Conference of Mayors which was deemed to be the plan that offered the most flexible and lowest fees. She indicated this resolution confirms that choice. 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. RESOLUTION NO. 1358 -85 AMENDMENT OF INDUCEMENT RESOLUTION: THE CITY OF SOUTH BEND, INDIANA, RELATING TO: AUTOMATIC MOLDED PLASTICS, INC. AND AQUARIUS PLASTIC FINISHERS, INC. PROJECT. WHEREAS, on September 9, 1985, this Common Council of the City of South Bend, Indiana ( "Council ") adopted Resolution No. 1338 -85, Inducement Resolution, the City of South Bend, Indiana, relating to: Automatic Molded Plastics, Inc. and Aquarius Plastic Finishers, Inc. project ( "Resolution "); and WHEREAS, the Resolution included a request by Aquarius Plastic Finishers, Inc. to acquire certain economic development facilities in South Bend, Indiana; and WHEREAS, the Resolution defined the economic development facilities ( "Project ") as follows: A. Automatic Molded Plastics, Inc. will acquire: One (1) building addition consisting of an additional 20,000 square feet which would bring the building to a total of 107,000 square feet Six (6)200 ton molding machines Two (2) 300 ton molding machines Two (2) 400 ton molding machines B. Aquarius Plastic Finishers, Inc will acquire: Two (2) 1,200 ton injection molding machines One (1) 700 ton injection molding machine; and WHEREAS, in reliance on Resolution No. 1338 -85, Automatic Molded Plastics, Inc. started construction on the building addition; and WHEREAS, Automatic Molded Plastics, Inc desires to acquire all of the equipment and building addition in its own name and eliminate Aquarius Plastic Finishers, Inc from this acquisition; and WHEREAS, this Common Council finds that the acquisition of the building addition and equipment by only Automatic Molded Plastics, Inc. satisfies the qualifications and declarations of Resolution No. 1338 -85, and that Resolution should be amended. NOW, THEREFORE, the Common Council moves as follows: 1. Resolution No. 1338 -85 is amended, nunc pro tunc, eliminating all reference to Aquarius Plastic Finishers, Inc. and further amended so that the following language: WHEREAS, Automatic Molded Plastics, Inc. and Aquarius Plastic Finishers, Inc. desire to acquire certain economic development facilities in South Bend, Indiana, provided that the City will finance a portion of the costs of such facilities, pursuant to the Act, which facilities will constitute economic development facilities, as defined in the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by Automatic Molded Plastics, Inc. and Aquarius Plastic Inc. for the issuance of City of South Bend Economic Development Revenue Bonds in the total amount of Three Million and No /100 Dollars ($3,000,000.00), with One Million Nine Hundred Forty -five Thousand and No /100 Dollars ($1,945,000.00), for Automatic Molded Plastics, Inc. and One Million Fifty -five Thousand and No /100 Dollars ($1,055,000.00) for Aquarius Plastic Finishers, Inc., for the following economic development facilities, ( "Project "): REGULAR MEETING A. Automatic Molded Plastics, Inc. will acquire: OCTOBER 14, 1985 One (1) building addition consisting of an additional 20,000 square feet which would bring the building to a total of 107,000 square feet Six (6) 200 ton molding machines Two (2) 300 ton molding machines Two (2) 400 ton molding machines B. Aquarius Plastic Finishers, Inc will acquire: Two (2) 1,200 ton injection molding machines One (1) 700 ton injection molding machine; and resulting in the addition, over a 5 to 7 year range, of one hundred (100) new jobs at Automatic Molded Plastics, Inc. and one hundred (100) new jobs at Aquarius Plastic Finishers, Inc., with seventy -five (75) jobs being saved at Automatic Molded Plastics, Inc. There is an anticipated increased payroll of One Million Found Hundred Thousand and No /100 Dollars ($1,400,000.00) for Automatic Molded Plastics, Inc. and One Million Three Hundred Thousand and No /100 Dollars ($1,300,000.00) for Aquarius Plastic Finishers, Inc., with a projected payroll from jobs saved of approximately One Million Seventy Thousand and No /100 Dollars ($1,070,000.00) for Automatic Molded Plastics, Inc.; and WHEREAS, Automatic Molded Plastics, Inc. will use Seven Hundred Fifty Thousand and No /100 Dollars ($750,000.00) of the bonds for the building addition and the period for these bonds will be ten (10) years, with interest at the fixed rate of ten per cent (10 %). The remaining Two Million Two Hundred Fifty Thousand and No /100 Dollars ($2,250,000.00) of the bonds will be used by Automatic Molded Plastics, Inc., and Aquarius Plastic Finishers, Inc. for equipment acquisition and the period for these bonds will be seven (7) years with interest at the fixed rate of ten per cent (10$)." shall be amended to read: WHEREAS, Automatic Molded Plastics, Inc. desires to acquire certain economic development facilities in South Bend, Indiana, provided that the City will finance a portion of the costs of such facilities, pursuant to the Act, which facilities will constitute economic development facilities, as defined in the Act; and WHEREAS, The South Bend Economic Development Commission has received an application by Automatic Molded Plastics, Inc. for the issuance of City of South Bend Economic Revenue Bonds in the total amount of Three Million and No /100 Dollars ($3,000,000.00), for the following economic development facilities ( "Project "): A. Automatic Molded Plastics, Inc. will acquire: One (1) building addition consisting of an additional 20,000 square feet which would bring the building to a total of 107,000 square feet Six (6) 200 ton molding machines Two (2) 300 ton molding machines Two (2) 400 ton molding machines Two (2) 1,200 ton injection molding machines One (1) 700 ton injection molding machine; and resulting in the addition, over a 5 to 7 year range, of two hundred (200) new jobs with seventy -five (75) jobs being saved. There is an anticipated increased payroll of Two Million Seven Hundred Thousand and No /100 Dollars ($2,700,000.00) with a projected payroll from jobs saved of approximately One Million Seventy Thousand and No /100 Dollars ($1,070,000.00); and WHEREAS, Automatic Molded Plastics, Inc. will use Seven Hundred Fifty Thousand and No /100 Dollars ($750,000.00) of the bonds for the building addition and the period for these bonds will be fifteen (15) years, with interest at the variable rate of seventy -five percent (75 %) of Citibank prime. The remaining Two Million Two Hundred Fifty Thousand and No /100 Dollars ($2,250,000.00) of the bonds will be used by Automatic Molded Plastics, Inc. for equipment acquisition and the period for these bonds will be eight (8) years, with interest at the variable rate of seventy -five per cent (75 %) of Citibank prime." 2. All other language and terms of Resolution No. 1338 -85 shall remain in effect as of the date of its adoption by the Common Council and approved by the Mayor of South Bend, Indiana. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution. John Van Laere, attorney, indicated that on September 9 the Council passed Resolution No. 1338 -85, which should be amended. He indicated Aquarius will no longer be involved in the bond issue and Automatic, the parent company, will be the sole entity involved in the bond. 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. REGULAR MEETING RESOLUTION NO. 1359 -85 A RESOLUTION OF THE COMMON BEND, INDIANA, AUTHORIZING AUTHORITY TO SUBMIT TO THE URBAN DEVELOPMENT AN APPLI, SUBSIDY. OCTOBER 14, 1985 COUNCIL OF THE CITY OF SOUTH THE SOUTH BEND HOUSING DEPARTMENT OF HOUSING AND -ATION FOR SECTION 8 HOUSING WHEREAS, Section 8 of the United States Housing Act of 1937, as amended, authorizes the Housing Authority to develop own or assist in housing for low- income persons. WHEREAS, there currently exists in South Bend, Indiana, a need for housing which is not being provided by the private sector. WHEREAS, the U. S. Department of Housing and Urban Development has available, funds for such purpose. 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 authorizes the Housing Authority of the City of South Bend, Indiana to submit an application to the U.S. Department of Housing and Urban Development for sixteen (16) units of housing to be funded by Section 8 of the United States Housing Act of 1937, as amended. 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. attorney, indicated this resolution authorizes the Housing application to HUD for 16 certificates under the Section 8 program. Council Member Zakrzewski made a motion to adopt by Council Member. Puzzello. The resolution was adopted by ayes. BILLS, FIRST READING Timothy Hartzer, Authority to submit an existing housing this resolution, seconded a roll call vote of nine BILL NO 117 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY; THE FIRST 14 FOOT EAST -WEST ALLEY, SOUTH OF SOUTH BEND AVENUE, RUNNING NORTHEASTERLY FROM THE EAST RIGHT -OF -WAY OF JACOB STREET, FOR A DISTANCE OF 167.5 FEET MORE OR LESS TO A DEAD -END, ABUTTING LOTS 1, 2, AND 3 OF PARKER AND ALLENS ADDITION AND LOT S OF PARKER AND ALLENS REPLAT, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing October 28, and refer it to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 118 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF COLFAX RUNNING WEST FROM STUDEBAKER, A DISTANCE OF 115.5 FEET TO THE INTERSECTING NORTH -SOUTH ALLEY, ALL BEING IN STOVERS SUBDIVISION OF LOT 81 IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing October 28, and refer it to the Zoning and Vacation Committee, seconded by Council Member Braboy. The motion carried. BILL NO. 119 -85 A BILL TO AMEND CHAPTER 2, ARTICLE 17, SECTION 2 -205 COMMONLY KNOWN AS FEES CHARGED FOR LEGAL ADVERTISEMENTS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing October 28, and refer it to the Human. Resources Committee, seconded by Council Member Crone. The motion carried. BILL NO. 120 -85 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA ( "CITY "), TO AMEND ITS ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1985 (THOMAS W. MITTLER D /B /A T.A.N.K.S. PROJECT) AND ITS ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 ( MITTLER SUPPLY, INC. PROJECT), AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing October 28, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 121 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1409 -1411 LINDEN AVE., IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Puzzello. The motion carried. REGULAR MEETING BILL NO. 122 =85 OCTOBER 14, 1985 A BILL TRANSFERRING $202,000 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Braboy made a motion to set this bill for second reading and public hearing October 28, and refer it to the Human Resources Committee, seconded by Council Member Crone. The motion carried. UNFINISHED BUSINESS Council Member Crone made a motion to set Bill No. 97 -85, for public hearing and second reading October 28, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to have a Committee of the Whole meeting Monday, October 21, at 4:30 p.m., on the satellite dish bill, seconded by Council Member Puzzello. The motion carried. PRIVILEGE OF THE FLOOR Ralph Johnson, 734 N. Cushing, asked for a resolution to close all bath house activity and adult book stores. 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 9:30 p.m. ATTEST: APPROVED: City Clerk President