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. That the liability and obligation of the South Bend Economic Development
Commission, the South Bend Council and the City of South Bend, Indiana, shall be
limited solely to the good faith efforts to consummate such proceedings and issue
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REGULAR MEETING
OCTOBER 28, 1985
SECTION II. That this designation shall be limited to five (5) calendar years
from the date of the adoption of this resolution by the Common Council.
SECTION III. That the Common Council directs the City Clerk to cause notice of
the adoption of this resolution to be published, said publication providing notice
of the public hearing before the Common Council on said declaration.
SECTION IV. This resolution shall be in full force and effect from and after
its adoption by the Common Council and approval by the Mayor.
/s/ Beverlie J. Beck
Member of the Common Council
RESOLUTION NO. 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