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HomeMy WebLinkAbout12-08-86 Council Meeting MinutesREGULAR MEETING DECEMBER 8, 1986 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, December 8, 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, Barcome, Paszek, Voorde and Beck Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: 3; The sub- committee has inspected the minutes of the November 24 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Beverlie J. Beck /s/ Al Paszek /s/ James V. Barcome Council Member Serge made a motion that the minutes of the November 24, meeting of the Council be accepted and placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS Council Member Serge made a motion to appoint Roman Piasecki to the Redevelopment Commission, seconded by Council Member Zakrzewski. The motion carried. Council Member Braboy made a motion to appoint Sandy Combs to the Redevelopment Commission, seconded by Council Member Zakrzewski. The motion carried. Council Member Puzzello made a motion to reappoint Mary Craypo to the Human Rights Commission, seconded by Council Member Zakrzewski. The motion carried. Council Member Serge made a motion to continue public hearing on Bill No. 134 -86 until December 15 at 5:00 p.m., seconded by Council Member Voorde. The motion carried. Council Member Braboy asked for a legal opinion on abstention from voting on this bill. Kathy Cekanski - Farrand indicated she would have a written opinion at that time. REPORTS Council Member Voorde indicated the Zoning and Vacation Committee had met on Bill No. 111 -96 and recommended it favorably. Council Member Puzzello indicated that the Personnel and Finance Committee had met on Bill Nos. 124, 125, 126, 128, 129, 136, and 137 -86, and recommended them to the Council favorably. Council Member Braboy indicated that the Human Resources Committee had met on Bill Nos. 122, 135 -86 and tax abatement for PAI, and recommended them favorably. Council Member Serge indicated that the Utilities Committee had met on Bill Nos. 127, 130, 131, 132, 133 and 134 -86, except for 134 -86 which received no recommendation, all were favorably recommended. John Leszczynski, Director of Public Works, gave a report on the Solid Waste Department. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Braboy. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, December 8, 1986, at 7:23 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 123 -86 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BOND, (PAI PROPERTIES, AN INDIANA PARTNERSHIP PROJECT, SERIES 1986), IN THE AGGREGATE PRINCIPAL AMOUNT OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS (750,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. 61e This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, Attorney for the Economic Development Commission, made the presentation for the bill. He indicated this bond issue would be used to finance the construction of a manufacturing facility to be leased to North American signs, Inc. He indicated it it estimated that this project will result in the creation of 30 new permanent jobs. Irene Mutzl, 320 Parkovash, spoke in favor of this bond issue. Council Member Voorde made a motion to recommend this bill to the Council favorably, seconded by Council Member Paszek. The motion carried. BILL NO. 111 -86 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2501 MISHAWAKA AVENUE IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Magliozzi, of Area Plan, gave the staff report, which was favorable. Gaylen Allsop, attorney for the petitioners, made the presentation for the bill. He indicated this property was rezoned, however, because no one filed a final site plan within one year the zoning reverted. He indicated the petitioner intends to build a retail store at this location. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Serge. The motion carried. BILL NO. 119 -86 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 7, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE DELETION OF SECTIONS 2 -86 THROUGH 2 -91 ADDRESSING BUDGETARY PROCEDURES. Council Member Barcome made a motion to continue public hearing on this bill until January 26, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 122 -86 A BILL APPROPRIATING $287,500.00 FROM THE REDEVELOPMENT STATE GRANT PROGRAM FUND TO BE ADMINISTERED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents i and opponents were given an opportunity to be heard. Jon Hunt, Director of Economical Development, made the presentation for the bill. He asked that the bill be amended by changing Redevelopment State Grant Program Fund to State Development Grant Fund. Council Member Taylor made a motion to amend, seconded by Council Member Beck. The motion carried. He indicated this appropriation will be used for AE Inc., and Container Service Corporation projects. He indicated the City was awarded three state grants to facilitate these projects. He indicated that portions of the money were, or will be, loaned directly to the companies or used for infrastructure improvements as specified in the State Grant Agreements. Council Member Barcome made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Zakrzewski. The motion carried. Council Member Beck made a motion to combine public hearing on the next two bills, seconded by Council Member Barcome. The motion carried. BILL NO. 124 -86 A BILL TRANSFERRING MONIES BETWEEN VARIOUS ACCOUNTS IN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS IN THE CITY OF SOUTH BEND, INDIANA. BILL NO. 125 -86 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Carol Sanders, Deputy Controller, made the presentation for the bills. Council Member Taylor made a motion to accept the substitute Bill No. 124 -86 on file with the City Clerk, seconded by Council Member Barcome. The motion carried. Council Member Taylor made a motion to accept the substitute Bill No. 125 -86 on file with the City Clerk, seconded by Council Member Barcome. The motion carried. She indicated Bill No. 124 -86 transfers funds from those departments having an excess to those departments with deficits within a fund. She indicated Bill No. 125 -86 transfers money from line item to line item within a given department. Council Member Barcome made a motion to recommend Bill No. 124 -86 to the Council favorably, as amended, seconded by Council Member Taylor. The motion carried. Council Member Barcome made a motion to recommend Bill No. 125 -86 to the Council favorably, as amended, seconded by Council Member Paszek. The motion carried. BILL NO. 126 -86 A BILL APPROPRIATING THE SUM OF $373,000 FROM THE GENERAL FUND FOR THE PURPOSE OF DEFRAYING UNANTICIPATED COSTS WITHIN VARIOUS DEPARTMENTS OF THE GENERAL FUND FOR THE YEAR 1986. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Carol Sanders, Deputy Controller, made the presentation for the bill. She indicated this appropriation would be for extraordinary expenses that were not anticipated when the 1986 budget was approved. Council Member Voorde made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. 1 n 1 I BILL NO. 127 -86 6/9 A BILL APPROPRIATING THE SUM OF $90,250 FROM THE WATER WORKS DEPRECIATION FUND FOR THE PURPOSE OF DEFRAYING UNANTICIPATED EXPENDITURES IN 1986. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Bill Smurr, Director of the Water Works, made the presentation for the bill. He indicated this appropriation would be used to defer the cost of additional capital improvements and equipment obtained by the Water Works. Council Member Barcome made a motion to recommend this bill to the Council favorably. seconded by Council Member Zakrzewski. The motion carried. BILL NO. 128 -86 A BILL APPROPRIATING THE SUM OF $337,000 FROM THE LIABILITY INSURANCE PREMIUM AND RESERVE FUND TO ACCOUNT 342.0 IN THE AMOUNT OF $187,000 AND ACCOUNT 391.0 IN THE AMOUNT OF $150,000, BOTH ACCOUNTS BEING WITHIN THE SELF - INSURANCE DEPARTMENT BUDGET. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Carol Sanders, Deputy Controller, made the presentation for the bill. She indicated this appropriation was necessary due to the large increase in premiums during the 1986 renewal, and an increased level of claims settled during 1986. Council Member Serge made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. BILL NO. 129 -86 A BILL APPROPRIATING THE SUM OF $227,000.00 FROM THE PARKING GARAGE PROJECT FUND FOR THE YEAR 1986. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Carol Sanders, Deputy Controller, indicated lease payments for the Parking Garage Fund were reduced by the State Board of Tax Commissioners when the 1986 budget was approved. She indicated it was necessary to appropriate the funds to cover these lease payments. Council Member Barcome made a motion to recommend this bill to the Council favorably, seconded by Council Member Serge. The motion carried. BILL NO. 130 -86 A BILL APPROPRIATING THE SUM OF $60,733.00 FROM THE SOLID WASTE OPERATING AND MAINTENANCE FUND FOR THE PURPOSE OF DEFRAYING UNANTICIPATED COSTS IN 1986. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Carol Sanders, Deputy Controller, made the presentation for the bill. She indicted this appropriation was necessary for salaries and employee benefits due to the addition of a ninth route. He indicated the appropriation in Other Contractuals is necessary to pay for the advertising campaign to increase customer base. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Serge. The motion carried. BILL NO. 131 -86 A BILL APPROPRIATING $42,128 FROM THE SOUTH BEND /CLAY WATER WORKS DEPRECIATION FUND TO ACCOUNT 399.0 WITHIN THE SOUTH BEND /CLAY WATER DEPRECIATION BUDGET FOR THE PURPOSE OF DEFRAYING UNANTICIPATED EXPENDITURES FOR 1986. This being the time heretofore set for public hearing and opponents were given an opportunity to be heard. Water Works, made the presentation for the bill. He from South Bend /Clay Water Works Depreciation Fund is two water main extensions made to the South Bend /Clay Barcome made a motion to recommend this bill to the G Council Member Paszek. The motion carried. on the above bill, proponents Bill Smurr, Director of the indicated the appropriation necessary to defer the cost of Water Works. Council Member Duncil favorably, seconded by BILL NO. 132 -86 A BILL APPROPRIATING $18,000.00 FROM THE SOUTH BEND /CLAY SEWAGE WORKS OPERATING AND MAINTENANCE FUND TO ACCOUNT 354.0 AND ACCOUNT 390.0 WITHIN THE SOUTH BEND /CLAY SEWAGE BUDGET. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Bill Smurr, Director of the Water Works, made the presentation for the bill. He indicated the appropriation from the Sewage Works is necessary to meet the cost of managerial services provided by the South Bend Water Works. Council Member Serge made a motion to recommend this bill to the Council favorably, seconded by Council Member Braboy. The motion carried. BILL NO. 133 -86 A BILL APPROPRIATING $200,000.00 FROM THE SEWAGE WORKS OPERATION AND MAINTENANCE FUND FOR THE PURPOSE OF DEFRAYING UNANTICIPATED COSTS IN 1986. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Carol Sanders, Deputy Controller, made the presentation for the bill. She indicated this appropriation is necessary to cover the cost of electricity. She indicated that increased oxygen requirements have resulted in increased electrical consumptions. She indicated that $115,000 of the appropriation would be used for electricity payments and $85,000 would be used for renovations to the Plant. Council Member Voorde made a motion to recommend this bill to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 134 -86 A BILL AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE AND ESTABLISHING A SCHEDULE OF RATES, CHARGES AND SURCHARGES FOR SERVICES RENDERED BY THE SOUTH BEND WASTEWATER TREATMENT PLANT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Voorde made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Council Member Beck made a motion to amend the substitute bill in Section I to read: "Heavy Demand Substances are concentrations of phosphorus or suspended solids or biochemical oxygen demand in sewage, which exceeds the levels established in Section 17 -47.3 (a) of this chapter. ", seconded by Council Member Voorde. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated the Administration was asking for the first rate increase for wasterwater in seven years. He indicated that operating with no increase in revenue for the past seven years has not been easy. He indicated they have continued to improve the plant's operation. He indicated the heavy demand substance charge is directed to those dischargers of large quantities, and industry can control their costs through strict monitoring of discharge quality and quantity. He indicated the bill proposes a 9% increase to the basic rate, which compared to other communities is very reasonable. Rebecca Fisher, attorney, representing T. Brooks Brademas indicated the new averaging formula discriminated against apartment dwellers. She indicated that apartments should be charged on the basis of water usage. Council Member Beck made a motion to continue this bill in the public hearing portion until December 15, at 5:00 p.m., seconded by Council Member Voorde. The motion carried. BILL NO. 135 -86 A BILL APPROPRIATING $75,760.00 FROM THE LOCAL EQUAL EMPLOYMENT AND EQUAL HOUSING OPPORTUNITY FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Linda McDougal, Acting Director of Human Rights, made the presentation for the bill. She indicated the Commission has contracts with the U. S. Equal Employment Opportunity Commission and the U. S. Department of Housing and Urban Development. She indicated the Commission is reimbursed'by EEOC and HUD for processing employment and housing discrimination charges. She indicated this bill is to appropriate the funds the Commission will receive. Council Member Taylor made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. BILL NO. 136 -86 A BILL APPROPRIATING $164,415.00 FROM THE CENTURY CENTER OPERATING FUND FOR THE PURPOSE OF DEFRAYING UNANTICIPATED COSTS IN 1986. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Brian Hedman, Director of Century Center, made the presentation for the bill. He indicated this appropriation was necessary to cover 1986 operating expenses. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 137 -86 A BILL AMENDING CHAPTER FOUR OF THE SOUTH BEND MUNICIPAL CODE REGULATING THE LICENSING OF BUSINESSES WITHIN THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Carol Sanders, Deputy Controller, made the presentation for the bill. She indicated this bill amends the code in several different areas. She indicated license fees are being increased by 50, with some fees being somewhat higher so that all more currently reflect the cost of enforcement of each particular licensing category. She indicated that specific sections referring to Open Air Stand Licensing and Restaurant Licensing are being amended to clarify where certain types of businesses should be categorized. She indicated all license fees have been updated, with the exception of those pertaining to Charitable Solicitation permits. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. There being no further business to Member Voorde made a motion to rise by Council Member Beck. The motion p.m. ATTEST: City Clerk REGULAR MEETING RECONVENED come before the Committee of the Whole, Council and report to the Council, and recess, seconded carried and the meeting was recessed at 9:05 Ammwcm. n n 1 1 6Qi Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 9:17 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7708 -86 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BOND, (PAI PROPERTIES, AN INDIANA PARTNERSHIP PROJECT, SERIES 1986), IN THE AGGREGATE PRINCIPAL AMOUNT OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS (750,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO.' 3i This bill had second reading. Council Member Voorde made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of — nine ayes. ORDINANCE NO. 7709 -86 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY° LOCATED AT 2501 MISHAWAKA AVENUE IN 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 Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7710 -86 AN ORDINANCE APPROPRIATING $287,500.00 FROM THE STATE DEVELOPMENT GRANT FUND TO BE ADMINISTERED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF 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 this bill, seconded by Council Member Paszek. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7711 -86 AN ORDINANCE TRANSFERRING MONIES BETWEEN VARIOUS ACCOUNTS IN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS 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 Barcome. _ The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Barcome. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7712 -86 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS OF 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 Voorde. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7713 -86 AN ORDINANCE APPROPRIATING THE SUM OF $373,000 FROM THE GENERAL FUND FOR THE PURPOSE OF DEFRAYING UNANTICIPATED COSTS WITHIN VARIOUS DEPARTMENTS OF THE GENERAL FUND FOR THE YEAR 1986. :This bill had second reading. Council Member Serge made a motion to pass this bill, ';seconded by Council Member Voorde. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7714 -86 AN ORDINANCE APPROPRIATING THE SUM OF $90,250 FROM THE WATER WORKS DEPRECIATION FUND FOR THE PURPOSE OF DEFRAYING UNANTICIPATED EXPENDITURES IN 1986. 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. 7715 -86 AN ORDINANCE APPROPRIATING THE SUM OF $337,000 FROM THE LIABILITY INSURANCE PREMIUM AND RESERVE FUND TO ACCOUNT 342.0 IN THE AMOUNT OF $187,000 AND ACCOUNT 391.0 IN THE AMOUNT OF $150,000, BOTH ACCOUNTS BEING WITHIN THE SELF- INSURANCE DEPARTMENT BUDGET. This bill had second reading. Council Member Voorde made a motion to pass this bill, seconded by Council Member Barcome. The bill passed by a roll call vote of nine ayes. (!�- a -' ORDINANCE NO. 7716 -86 AN ORDINANCE APPROPRIATING THE SUM OF $227,000.00 FROM THE PARKING GARAGE PROJECT FUND FOR THE YEAR 1986. This bill had second reading. Council Member Voorde made a motion to pass this bill, seconded by Council Member Paszek. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7717 -86 AN ORDINANCE APPROPRIATING THE SUM OF $60,733.00 FROM THE SOLID WASTE OPERATING AND MAINTENANCE FUND FOR THE j PURPOSE OF DEFRAYING UNANTICIPATED COSTS IN 1986. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7718 -86 AN ORDINANCE APPROPRIATING $42,128 FROM THE SOUTH BEND /CLAY WATER WORKS DEPRECIATION FUND TO ACCOUNT 399.0 WITHIN THE SOUTH BEND /CLAY WATER DEPRECIATION BUDGET FOR THE PURPOSE OF DEFRAYING UNANTICIPATED EXPENDITURES FOR 1986. 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. 7719 -86 AN ORDINANCE APPROPRIATING $18,000.00 FROM THE SOUTH BEND /CLAY SEWAGE WORKS OPERATING AND MAINTENANCE FUND TO ACCOUNT 354.0 AND ACCOUNT 390.0 WITHIN THE SOUTH BEND /CLAY SEWAGE BUDGET. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Barcome. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7720 -86 AN ORDINANCE APPROPRIATING $200,000.00 FROM THE SEWAGE WORKS OPERATION AND MAINTENANCE FUND FOR THE PURPOSE OF DEFRAYING UNANTICIPATED COSTS IN 1986. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7721 -86 AN ORDINANCE APPROPRIATING $75,760.00 FROM THE LOCAL EQUAL EMPLOYMENT AND EQUAL HOUSING OPPORTUNITY FUND. This bill had second reading. Council Member Braboy made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote-,of nine ayes. ORDINANCE NO. 7722 -86 AN ORDINANCE APPROPRIATING $164,415.00 FROM THE CENTURY CENTER OPERATING FUND FOR THE PURPOSE OF DEFRAYING UNANTICIPATED COSTS IN 1986. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7723 -86 AN ORDINANCE AMENDING CHAPTER FOUR OF THE SOUTH BEND MUNICIPAL CODE REGULATING THE LICENSING OF BUSINESSES WITHIN THE CITY OF SOUTH BEND. 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 eight ayes and one nay (Council Member Puzzello). RESOLUTIONS RESOLUTION NO. 1439 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 3601 LATHROP STREET, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR_ PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for Real Property Tax Abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3601 Lathrop Street, South Bend, and which is more particularly described by a line drawn as follows: PARCEL I A part of the Southeast Quarter (1/4) of Section Twenty -eight (28), Township Thirty -Eight (38) North, Range Two (2) East of the Second Principal Meridian, German Township, St. Joseph County, Indiana and described as follows: Commencing at the Southeast corner of said Section Twenty -eight (28) said point being at the intersection of centerlines of Bendix Drive and Lathrop Street, 1 1 1 1 (0 13 thence North 90000'00" West (Bearing Assumed) along the Southline of the Southeast Quarter (1/4) of said Section Twenty -eight (28) (Being along the centerline of Lathrop) One Thousand Four Hundred Twenty -three and Seventy -five Hundredths (1423.75) feet; thence North 0095156" East Forty (40) feet to the place of beginning of this description; thence North 90000'00" West Four Hundred Fifty -four and Ninety -three Hundredths (454.93) feet; thence North 00095136" East, Eight Hundred Three and Seventy -six Hundredths (803.76) feet; thence north 45040130" East, Two Hundred Forty -Three and Forty Hundredths (243.40) feet; thence North 44039149" East, One hundred Ninety -one and Twelve Hundredths (191.12) feet to the South line of Forty (40) foot easement granted to C.S.C. and South Bend Railroad; thence South 450002'33" East along the said Southerly easement Two Hundred Two and Thirty -six Hundredths (202.36) feet; thence South 00016123" East, Six Hundred Six and Ninety -eight Hundredths (606.98) feet; thence South 00095156" West Three Hundred Sixty and Twnety Hundredths (360.20) feet to the point of beginning. PARCEL II A part of the Southeast Quarter (1/4) of Section Twenty -eight (28), Township Thirty -eight (38) North, Range Two (2) East of the Second principal Meridian, German Township, St. Joseph County, Indiana and described as follows: E' Commencing at the Southeast corner of said Section Twenty-eight (28) said point being at the intersection of centerlines of Bendix Drive and Lathrop Street, �? thence North 90000'00" West (Bearing Assumed) (along the South line of the Southeast Quarter (1/4) of said Section Twenty-eight � y -eight (28) (being along the centerline of Lathrop) One Thousand Four Hundred Twenty -three and Seventy -five Hundredths (1423.75) feet; thence North 0095156" East, Four Hundred and Twenty g' Hundredths (40.20) feet; thence North 00016123" West, Six Hundred Six and Ninety-eight y -eight Hundredths (606.98) feet to the point of beginning; thence North 9i 4500213311 West, along the Southerly easement granted to C.S.S. and South Bend Railroad, Two Hundred Two and Thirty -six Hundredths (202.36) feet; thence North 44039149" East, Forty feet 940); thence South 45003133" East along the north easement One Hundred Sixty two and Thirty -five Hundredths (162.35) feet; thence I' South 00016123" West, Fifty -six and Eighty Hundredths (56.80) feet to the place of beginning. be designated as an Economic Revitalization Area under the Code 6 -1.1- 12.1 -1, et se provisions of Indiana a q . ; and ii ' 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 se q., q., and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in question; i and i? a: 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 E qualifies as an Economic Revitalization Area. i NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1 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 and Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of Real Property Tax Abatement. SECTION II. That this designation shall be limited to Six (6) 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. ii i° SECTION IV. That this Resolution shall be in full force and effect from and 3' after its adoption by the Common Council and a �F pprova by the Mayor. is i1 4i /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Council Member Serge made a motion to amend this resolution by changing the address to 3601 Lathrop, seconded by Council Member Voorde. The motion carried. James Knepp, attorney, indicated PAI properties planned to construct a building which will be used for offices and associated uses of North American Sign Company. He indicated that the first year thirty new jobs will be created, and thirty -two existing y 11 Howard Bessire, Director of the Industrial Foundation spoke binwfavoreofe this ed. L abatement. Council Member Voorde made a motion to adopt this resolution, as amended, seconded by Council Member Zakrzewski. The motion carried. j PRIVILEGE OF THE FLOOR is it s l Ralph Johnson, 734 N. Cushing, spoke regarding the stadium. I' Joseph Guentert, 3510 Corby spoke regarding the water bill penalty. j 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 Barcome. The motion carried and the meeting was adjourned at 9:53 p.m. i, ATTEST: APPROVED: f' r f 1'. City Clerk resi ent i! Co ;z V