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HomeMy WebLinkAbout10-28-85 Council Meeting MinutesREGULAR MEETING OCTOBER 28, 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 28, 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 October 14, 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 October 14, 1985, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Council President Beck announced that Edward Gronkowski, Joyce Boaler and Dr. Carol Ecker have been appointed to the Animal Control Commission. REPORTS Council Member Braboy indicated the Human Resources Committee had met on Bill nos. 119 and 122 -85, as well as resolutions G & H, and recommended them favorable. Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill nos. 97, 117 and 118 -85, and recommended them favorable. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on October 28, at 7:10 p.m. with nine members present. Chairman Serge presiding. BILL NO.128 -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 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 amendment was necessary since the methods of computing the installment payments will be changed. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakzewski. The motion carried. BILL NO. 97 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2904 S. MICHIGAN ST., 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, of Area Plan, gave the staff report, which was favorable. Paul Cholis, attorney, made the presentation for the bill. He indicated Cira's Grocery planned to build a new store at this site, and when it is complete, they will tear down the old store and that area will be used for parking. Council Members Crone and Taylor spoke in favor of this rezoning. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. 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 ALIENS ADDITION AND LOT S OF PARKER AND ALLENS REPLAT, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. REGULAR MEETING OCTOBER 28, 1985 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Firth, attorney, made the presentation for the bill. He indicated the reason for closing this alley was to consolidate lots. He indicated his client owned must of the abutting property and they propose to construct an office building and garage on this area. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Braboy. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Coucnil Member Taylor made a motion to amend this bill, as on file with the City Clerk, seconded by Council Member Braboy. The motion carried. Odell Newburn, County Councilman, gave the presentation for the bill. He indicated this alley vacation would enhance the church property, as well as stop any flow of traffic. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathy Cekanski- Farrand, Council Attorney, made the presentation for the bill. She indicated this bill would incorporate petitions for impact areas into the section where a fee is charged by the City to cover the costs required for legal advertisements. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 122 -85 A BILL TRANSFERRING $202,000 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. Ann Kolata, Deputy Director of Redevelopment, made the presentation for the bill. She indicated money is being transferred from two accounts into three accounts. He indicated the proposed El Campito Rehab will be increased to $125,000 by adding $75,00 from unspecified Local Option moneys. She indicated that $90,000 will be in the form of a grant and $35,000 as a loan with the terms to be negotiated. She indicated that $77,000 would be used to increase Redevelopment Administration /Project Management and Community Development Management /Planning. Lolita Anastasio, 55479 Hollywood Blvd., spoke in favor of the transfer for E1 Campito. 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 Taylor made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. 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 7:35 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7530 -85 AN ORDINANCE 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 second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING OCTOBER 28, 1985 ORDINANCE NO. 7531 -85 AN ORDINANCE BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2904 S. MICHIGAN ST., 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 Braboy. 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. 7532 -85 AN ORDINANCE 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 ALIENS REPLAT, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7533 -85 AN ORDINANCE 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 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 Braboy. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7534 -85 AN ORDINANCE 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 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. 7535 -85 AN ORDINANCE BILL TRANSFERRING $202,000 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 Puzzello. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1361 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 917 SOUTH CHAPIN 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 917 South Chapin and 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 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 REGULAR MEETING OCTOBER 28, 1985 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. Charles 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 Taylor made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1362 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 746 SOUTH ARNOLD 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 746 South Arnold and 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 3.87.37 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 REGULAR,_ MEETING 3, 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; thence westerly along a line with a deflection angle of 89 degrees 55 minutes right, said line being also the north face of the existing building, thence southerly along a line with a deflection angle of 89 degrees 54 minutes left, said line being also the west face of the existing building, a distance of 190.18 feet; thence westerly along a line with a deflection angle of 90 degrees 04 minutes right, a distance of 17.92 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. Ann Kolata, Assistant Director of Redevelopment, indicated his company is experiencing a need for newer technological equipment, and his personal property tax abatement is needed to service an increasing customer base and keep abreast of changing customer needs. 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. 1363 -85 AN INDUCEMENT RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND RELATING TO: FRANK D. DARNELL The South Bend Economic Development Commission has investigated, studied, surveyed and reported to the Mayor and the Common Council of the City of South Bend, Indiana, that a need exists in the community for additional job opportunities and industrial diversification within and near South Bend, Indiana and that to improve and promote job opportunities and commercial diversification within and near South Bend, Indiana certain contractual agreements regarding financing should be executed Frank D. Darnell (the "applicant "), relating to the construction of improvements on property located in Lot 5 of the Landmark Business Park. The Applicant desires to construct certain economic development facilities to be based and located in South Bend, Indiana (the "Project "). To induce Applicant to proceed with such project, the Common Council of the City of South Bend desires to adopt this resolution. It is apparent that the project will increase job opportunities and industrial diversification in and near South Bend, Indiana, resulting in a benefit to the welfare of the public in South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend approves the application of Frank D. Darnell to construct economic development facilities to be located in South Bend, Indiana, under an arrangement whereby a portion of the costs of such construction of the Project would be paid from the proceeds of Industrial Development Revenue Bonds issued by the City of South Bend, Indiana in an aggregate principal amount of approximately Two Million Four Hundred Thousand Dollars ($2,400,000), repayable at market rates. SECTION II. In order to encourage, induct and solicit such application by Applicant for such Industrial Development Bonds relating to the construction of said Economic Development facilities, the South Bend Economic Development Commission, and the Common Council of the City of South Bend shall proceed to cooperate with and I� REGULAR MEETING OCTOBER 28, 1985 take such action as may be necessary in drafting documents or the performance of such other acts as will facilitate the issuance of such Industrial Development Revenue Bonds by the City of South Bend, Indiana, to provide funds to be used toward the payment of costs for the construction of said economic development facilities. SECTION III. All costs or expenses incurred in connection with this project may be included in the project costs and reimbursed from the proceeds of the Industrial Development Revenue Bonds to be issued with respect thereto. SECTION IV. The applicant may proceed with the construction constituting the economic development facility in reliance upon this resolution. SECTION V. The liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such Bonds, and the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, their officers or agents, shall not incur any liability if for any reason the proposed issuance of such Bonds is not consummated. SECTION VI. 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. Kenneth Fedder, attorney for the Economic Development Commission, indicated that South Bend Drug intended to build a new facility in the Landmark Business Park. He indicated that 27 new jobs will be created. 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. 1364 -85 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA RELATING TO AN APPLICATION BY CONTAINER SERVICE CORPORATION AND HARRISON MANAGEMENT COMPANY FOR THE ISSUANCE OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS. WHEREAS, at the present time there are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the City of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition of economic development facilities within the corporate limits of the City pursuant to the provisions of Indiana Code 36 -7 -12 (the "Act "); and WHEREAS, Container Service Corporation, a Michigan corporation and Harrison Management Company, an Indiana partnership (hereinafter collectively referred to as "Applicants ") propose to acquire economic development facilities in South Bend, Indiana as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by Applicants for the issuance of City of South Bend Economic Development Revenue Bonds in the approximate principal amount of One Million Five Hundred Thousand and no /100 Dollars ($1,500,000.00) with the terms of repayment to be determined by the market rates at the time the bonds are sold and the proceeds of the bonds will be used to acquire real estate, make improvements to real estate and acquire equipment to be used as a manufacturing facility located in the Airport Industrial Park in South Bend, Indiana, resulting in a minimum of forty (40) full -time jobs at the facility following completion of the project with an annual payroll of approximately one million dollars per year. NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: 1. The project constitutes economic development facilities which shall be financed by the City through the Issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law to authorize approximately One Million Five Hundred Thousand and no /100 Dollars ($1,500,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. The Company may proceed with acquisition and construction of the economic development facility in reliance upon this resolution. 4. That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue REGULAR MEETING OCTOBER 28, 1985 such Bonds, and the South Bend Economic Development Commission and the City of South Bend, Indiana, their officers and agents, shall not incur any liability if for any reason the proposed issuance of such Bonds is not consummated. 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. Kenneth Fedder, attorney for the Economic Development Commission, indicated Container Service Corporation, planned to build a facility in the Airport Industrial Park. He indicated they planned to relocate their operation from Michigan to South Bend. 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. 1365-85 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA RELATING TO AN APPLICATION BY THE O'BRIEN CORPORATION FOR THE ISSUANCE OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS. WHEREAS, at the present time there are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the City of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition of economic development facilities within the corporate limits of the City pursuant to the provisions of Indiana Code 36 -7 -12 (the "Act "); and WHEREAS, The O'Brien Corporation, an Indiana corporation proposes to acquire economic development facilities in South Bend, Indiana as defined in the Act if the City will finance a portion of the costs of such economic development facilties pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by O'Brien for the issuance of City of South Bend Economic Development Revenue Bonds in the approximate principal amount of Two Million and no /100 Dollars ($2,000,000.00) with the terms of repayment to be determined by the market rates at the time the bonds are sold and the proceeds of the bonds will be used to acquire equipment and make improvements to real estate to be used in the manufacturing facility of O'Brien's at 2001 West Washington Street, South Bend, Indiana resulting in a minimum of nineteen (19( full -time new jobs added to O'Brien's payroll following completion of the project with an increase in the company's local annual payroll of approximately three hundred and thirty five thousand dollars per year. NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: 1. The project constitutes economic development facilities which shall be financed by the City through the Issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law to authorize approximately Two Million and no /100 Dollars ($2,000,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. The Company may proceed with acquisition and construction of the economic development facility in reliance upon this resolution. 4. That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely.to the good faith efforts to consummate such proceedings and issue such Bonds, and the South Bend Economic Development Commission and the City of South Bend, Indiana, their officers and agents, shall not incur any liability if for any reason the proposed issuance of such Bonds is not consummated. 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. Kenneth Fedder, attorney for the Economic Development Commission, indicated that this corporation planned to renovate their manufacturing facility and acquire laboratory equipment. 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. Council Member Voorde made a motion to combine public hearing on resolutions G & H, seconded by Council Member Crone. The motion carried. REGULAR MEETING RESOLUTION NO. 1366 -85 OCTOBER 28, 1985 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA RELATING TO AN APPLICATION BY SOUTH BEND RESIDENCE ASSOCIATES FOR THE ISSUANCE OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS, AND MAKING CERTAIN FINDINGS AND RECOMMENDATIONS REGARDING THE DECLARATION OF AN ECONOMIC DEVELOPMENT TARGET AREA OUTSIDE THE CITY LIMITS, COMMONLY KNOWN AS 51694 U.S. 31 -33 NORTH. WHEREAS, at the present time there are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the City of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition of economic development facilities within the corporate limits of the City pursuant to the provisions of Indiana Code 36 -7 -12 (the "Act "); and WHEREAS, South Bend Residence Associates ( "Associates ") proposes to acquire economic development facilities in South Bend, Indiana as defined in the Act if the City will finance a portion of the costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by Associates for the issuance of City of South Bend Economic Development Revenue Bonds in the approximate principal amount of Five Million and no /100 Dollars ($5,000,000.00) with the terms of repayment to be determined by the market rate at the time the bonds are sold, and the proceeds of the bonds will be used to acquire real estate and make improvements to real estate to be used as a suite hotel facility in St. Joseph County, Indiana, resulting in a minimum of twenty (20) full -time new jobs with an annual payroll of approximately Two Hundred Seventy -five Thousand Dollars ($275,000.00). WHEREAS, the 1983 and 1985 Indiana General Assembly amended I.C. 36 -7 -12 to provide at I. C. 36- 7 -12 -38 for the designation of economic development target areas by the fiscal body upon favorable recommendation by an Economic Development Commission. WHEREAS, I. C. 36- 7- 11.9 -3 provides that the statutory exclusion of a facility as an "economic development facility" will not be applicable in the case of a facility to be located in an economic development target area, if the fiscal body of the appropriate governmental unit finds that the proposed facility will not have an adverse competitive impact on other facilities of the same kind already operating in the same market area, and if the proposed facility will contribute significantly to the creation of permanent new job opportunities. WHEREAS, the South Bend Economic Development Commission has recommended favorably to the South Bend Common Council and the St. Joseph County Council the designation of an economic development target area, commonly known as 52694 U. S. 31 -33 North, St. Joseph County, Indiana more particularly described as follows: Lot numbered One (1) in Paxson Park, a recorded plat in Clay Township, St. Joseph County, Indiana, and the western half (1/2) of Lot numbered Thirty -seven (37) in Paxson Park, Clay Township, St. Joseph County, Indiana. NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: 1. The project constitutes economic development facilities which shall be financed by the City through the Issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law, including consent of the St. Joseph County Council, to authorize approximately Five Million and no /100 Dollars ($5,000,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. Pursuant to the requirements of I. C. 36- 7- 11.9 -3, the Common Council hereby finds that the proposed facility to be located at 52694 U. S. 31 -33 North will not have an adverse competitive impact on other facilities of.the same kind already operating in the same market area and will contribute significantly to the creation of permanent new job opportunities.. 4. Associates may proceed with acquisition and construction of the economic development facility in reliance upon this resolution. 5. 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That this designation shall be limited to five (5) calendar years from the date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council RESOLUTION NO. 1368 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS AIRPORT INDUSTRIAL PARK -PHASE III LOT 5 -1 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as Airport Industrial Park -Phase III Lot 5 -1 South Bend, Indiana, and which is more particularly described by a line drawn as follows: A part of the Southeast Quarter of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, described as follows: Commencing at the northeast corner of said quarter section; thence South 89058`56" West a distance of 1582.51 feet along the north line of said quarter section to the point of beginning; thence South 0021133" West a distance of 375.00 feet; thence South 89058156" West a distance of 709.63 feet; thence North 0000'47" East a distance of 375.00 feet to the south boundary of Boland Drive;thence North 89058156" East a distance of 711.90 feet along said south boundary to the point of beginning and containing 6.119 acres, more or less. The above tract of land is subject to a drainage course right -of -way described as follows: A part of the Southeast Quarter of Section 38, Township 38 North, Range 2 East, St. Joseph County, Indiana described as follows: Beginning on the north line of said quarter section South 89 degrees 58 minutes 56 seconds West 2194.41 feet from the northeast corner of said quarter section; thence South 0 degrees 00 minutes 47 seconds West 375. 00 feet to the north line of said quarter section; thence North 89 degrees 58 minutes 56 seconds East 80.00 feet to the point of beginning and containing 0.689 acres, more or less. The above tract of land is encumbered by the following easements: 1. An easement 20 feet in width off the entire most westerly side in favor of Chicago South Shore and South Bend Railroad. 2. An easement 50 feet in width off the entire north side in favor of Indiana & Michigan Electric Company. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6- 1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in questions; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of personal property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this resolution by the Common Council. REGULAR MEETING OCTOBER 28, 1985 SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolutions at this time. Howard Bessire, Director of the Industrial Foundation, indicated Harrrison Management Company, will construct a 40,00 sq. ft. building, that will be leased to Container Service Corp., a manufacturer of corrugated shipping containers. He indicated 32 new jobs will be created. Council Member Zakrzewski made a motion to adopt Resolution No. 1367 -85, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. Council Member Taylor made a motion to adopt Resolution No. 1368 -85, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 123-85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1117 W. WESTERN AVE., IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 124 -85 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 742 SANCOME 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 Crone. The motion carried. ORDINANCE NO. 7536 -85 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY ") TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BOND, SERIES 1985 (WECHTER PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had first reading. Council Member Serge made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Zakrzewski. The motion carried on a roll call vote of nine ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated the Wechters planned to rehab a warehouse and distribution facility located at 917 South Chapin. He indicated that the Council had previously passed an inducement resolution. 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. 7537 -85 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1985 (AUTOMATIC REAL ESTATE PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF SEVEN HUNDRED FIFTY THOUSAND ($750,000.00) DOLLARS, TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1985 (AUTOMATIC EQUIPMENT PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF TWO MILLION TWO HUNDRED FIFTY THOUSAND ($2,250,000.00) DOLLARS AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had first reading. Council Member Serge made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Zakrzewski. The motion carried on a roll call vote of nine ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated Automatic Molded Plastics, intended the enlarge their facility, as well as purchase new equipment. He indicated that the Council had passed an inducement resolution for the company. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed on a roll call vote of nine ayes. BILL NO. 127 -85 A BILL AMENDING CHAPTER TWO, ARTICLE XIII OF THE SOUTH BEND MUNICIPAL CODE BY ADDING AN ADDITIONAL ECONOMIC DEVELOPMENT TARGET AREA THERETO COMMONLY KNOWN AS ELM STREET BETWEEN COLFAX AND WESTERN AND OLIVE STREET BETWEEN WESTERN AND WASHINGTON. REGULAR MEETING OCTOBER 28, 1985 This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing November 18, seconded by Council Member Taylor. The motion carried. BILL NO. 128 -85 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1986 AND ENDING DECEMBER 31, 1986, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing November 18, seconded by Council Member Taylor. The motion carried. BILL NO. 129 -85 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 4, ARTICLE 4 OF THE MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 4 -62 ENTITLED, WASTE TO ENERGY FACILITY REGULATIONS. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing December 16, seconded by Council Member Taylor. The motion carried. BILL NO. 130 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST -WEST ALLEY BOUNDED BY NILES AVENUE, THE EAST MILL RACE, AND LOTS 37 AND 38 OF THE ORIGINAL PLAT OF LOWELL. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing November 18, seconded by Council Member Taylor. The motion carried. UNFINISHED BUSINESS Council Member Taylor made a motion to set Bill No. 110 -85 for public hearing and second reading, November 18, seconded by Council Member Voorde. 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 Crone. The motion carried and the meeting was adjourned at 8:25 p.m. ATTEST: City Clerk APPROVED: President 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, November 18, 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 October 21 and 28, 1985, meetings 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 October 21 and 28, meetings of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1369 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING CHARLES E. MARTIN, SR., FOR BEING SELECTED AS A 1985 LEWIS HINE AWARD RECIPIENT AND FOR HIS MANY CONTRIBUTIONS MADE TO OUR COMMUNITY. WHEREAS, the Common Council of the City of South Bend, Indiana, acknowledges that Charles E. Martin, Sr., has been the Executive Director of the Community Service Branch of the YMCA for the past several years; and WHEREAS, for the past eighteen (18) years, Charles Martin has dedicated his life to helping the youth of our community through the YMCA, Big Brothers /Big Sisters, the Recreation Department, Clay and Washington High Schools, Head Start, Youth Services Bureau, the School Board, CETA Youth Committee, Black Expo, Kiwanis, United Negro College Fund, the Urban League, and the P.T.A.; and WHEREAS, the Council notes with sincere pride that on October 30, 1985, Charles Martin was one (1) of ten (10) winners selected nationally and was presented the Lewis Hine Award for Service to Children and Youth in New York City; and WHEREAS, the Council believes that special recognition of Charles E. Martin, Sr., should be made since he is "one of those rare individuals who personally touches and influences the lives of people through his untiring efforts to guide young people." NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all the citizens of South Bend, Indiana, the Common Council hereby publicly commends Charles E. Martin, Sr., for his many contributions made to our community and for being selected as a 1985 Lewis Hine Recipient. SECTION II. The Council believes that the hardwork and dedication of Charles E. Martin, Sr., made to our community is an excellent example of selfless caring for the people of our City and a positive reminder that one person truly can make a difference. 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 /s/ Ann B. Puzzello Member of the Common Council Member of the Common Council /s/ Eugenia Braboy Robert G. Taylor Member of the Common Council Member of the Common Council /s/ Beverlie J. Beck /s/ Thomas Zakrzewski Member of the Common Council Member of the Common Council /s/ Beverly D. Crone Member of the Common Council /s/ Al B. Paszek Member of the Common Council f