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HomeMy WebLinkAbout10-28-02 Council Meeting MinutesREGULAR MEETING OCTOBER 28, 2002 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of the County -City Building on Monday, October 28, 2002, at 7:00 p.m. The meeting was called to order by Council President Roland Kelly and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Ervin Kuspa Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: None 1 st District 2nd District 3rd District President 41h District Chairperson, Committee of the Whole 51 District 01 District At- Large At -Large At -Large Vice - President 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, 2002 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Roland Kelly s/David Varner Councilmember Coleman made a motion that the minutes of the October 14, 2002, meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Chairman King presiding. BILL NO. 59 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR VACANT PROPERTY LYING SOUTH AND ADJACENT TO 4122 SOUTH MAIN STREET IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to acknowledge receipt of a report from the Area Plan Commission in regards to this petition. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. -1- REGULAR MEETING OCTOBER 28, 2002 Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Brent Bajdek, Area Plan Commission, no address given, presented the report from the Commission. Mr. Bajdek advised that the petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow the expansion of an existing building and additional parking for an existing commercial business. The property is currently being used for parking. Located to the north is a single - family home zoned "A" Residential, "A" Height and Area; to the east are commercial businesses zoned "C" Commercial, "A" Height and Area; to the south is an off - street parking facility associated with the commercial business to the east zoned "A" Residential, "A" Height and Area; and to the west is an office zoned "C" Commercial, "A" Height and Area. Access to the site is from Main Street. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is sixteen thousand four hundred seventy -three (16,473) square feet. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. The site plan is preliminary. The City Engineer will require a drainage plan at the final site plan stage. Mr. Bajdek advised that the Area Plan Commission, at its Public Hearing held on October 15, 2002 sent this petition to the Council with a favorable recommendation subject to a final site development plan. The proposed rezoning of this property would allow the expansion of the existing commercial business to the east. It is the Commission's opinion that the proposed zoning and use are reasonable for this site. Mr. J. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of C &B Optical the owners of the property under consideration. Mr. Feeney advised that the property proposed for rezoning is located on South Michigan Street between the Kentucky Fried Chicken restaurant and Karl King Memorials and extends from Michigan Street to Main Street. This property was purchased by C &B Optical in two (2) transactions in 1984 and 1986. The building and current parking lot occupy a majority of the property purchased at that time. However, because of the increased growth of the C &B Optical facilities not only at this location but at other locations throughout northern Indiana, the owners are faced with the necessity of expansion and they have chosen the South Michigan Street site as the site for that expansion. Mr. Feeney noted that because the zoning in this area was somewhat ambiguous, the Area Plan Commission and the Building Department advised that the most appropriate path for clarity as to zoning and expansion for the facility at this time would be this rezoning. The building expansion will consist of a proposed addition to the west side of the existing building of approximately two thousand one hundred fifty -six (2,156) square feet of space which is intended to house computer facilities as well as administrative offices for all of the optical outlets that C &B runs throughout northern Indiana. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. -2- C D REGULAR MEETING OCTOBER 28, 2002 BILL NO. 77 -02 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF MICHIGAN STREET FROM NAVARRE STREET TO BARTLETT STREET FOR A DISTANCE OF 586 FEET AND A WIDTH OF 14 FEET. BEING A PART OF ROCKSTROH BROTHERS SUBDIVISION IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee held a Public Hearing on this bill and it comes to the full Council with a favorable recommendation. Mr. Richard Deahl, Barnes & Thornburg, 100 North Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of Memorial Hospital. Mr. Deahl requested the adoption of this ordinance vacating the north/south alleyway which is located east of Michigan Street and extends from Navarre Street on the south and north to Bartlett Street. This alleyway is used solely by Memorial's employees for ingress and egress access to parking areas and is located directly in between property which is owned by Memorial Hospital or in which Memorial Hospital has an ownership interest. Mr. Deahl noted that the vacation of this alleyway will permit Memorial Hospital to pursue its development efforts for its downtown campus expansion. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 80 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $57,000.00 OF FUNDS RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) WITHIN HUMAN RIGHTS FUND #258 FOR EDUCATION AND OUTREACH EXPENDITURES Councilmember King reported that the Community and Economic Development Committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Lonnie Douglas, Executive Director, South Bend Human Rights Commission, 301 South St. Louis Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Douglas asked that the Council consider this ordinance which would allow the South Bend Human Rights Commission to spend fifty seven - thousand dollars ($57,000.00) to further its education and outreach efforts here in the City of South Bend. The appropriation will pay for the cost of a public relations campaign with Sallie & Associates, will allow the completion of the Human Rights prior education outreach contract with F & L Consulting and will allow the Commission to purchase a computer projector to help them in their efforts in terms of education and outreach. -3- REGULAR MEETING OCTOBER 28, 2002 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: A mmnc+m. 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 7:15 p.m. Council President Roland Kelly presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9362 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR VACANT PROPERTY LYING SOUTH AND ADJACENT TO 4122 SOUTH MAIN STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9363 -02 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF MICHIGAN STREET FROM NAVARRE STREET TO BARTLETT STREET FOR A DISTANCE OF 586 FEET AND A WIDTH OF 14 FEET. BEING A PART OF ROCKSTROH BROTHERS SUBDIVISION IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. In REGULAR MEETING OCTOBER 28, 2002 ORDINANCE NO. 9364 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $57,000.00 OF FUNDS RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) WITHIN HUMAN RIGHTS FUND #258 FOR EDUCATION AND OUTREACH EXPENDITURES This bill had third reading. Councilmember King made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3130 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3227 WEST SAMPLE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR LARRY C. AND CAROLL A. JOHNSON WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas -- for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3227 West Sample Street, South Bend, Indiana, and which is more particularly described as follows: W 371.25' Belleville Unit H and which has Key Number 18- 4062 -2322, 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. 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 two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. sea. -5- REGULAR MEETING OCTOBER 28, 2002 SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Roland Kelly Member of the Common Council Mr. Mark Johnson, 3227 West Sample Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Johnson informed the Council that the project involves construction of a six thousand (6,000) square foot building addition to a facility currently located at 3227 West Sample Street. At the present time the South Bend Discount Liquor is at this location and adjacent to that is a hair salon called Karen for Your Hair. The additional space will be subdivided into four (4) units of at least one thousand five hundred (1,500) square feet each. The total cost of this project including the build outs for the units is estimated to be between two hundred fifty thousand dollars ($250,000.00) and two hundred seventy -five thousand dollars ($275,000.00). It is estimated that this project will create between twelve (12) and twenty -five (25) new jobs representing a new annual payroll of between one hundred sixty -five- thousand dollars ($165,000.00) and three hundred forty thousand dollars ($340,000.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL 02 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN, 105 LOTS LOCATED ON APPROXIMATELY 56 ACRES NORTH OF BRICK ROAD, AND WEST OF AND ADJACENT TO THE U.S. 31 BYPASS AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: COOREMAN REAL ESTATE GROUP, INC. Councilmember Coleman made a motion to continue this bill until November 11, 2002. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3131 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ACQUIRE CERTAIN LAND LOCATED NEAR THE INTERSECTION OF LINCOLN WAY WEST AND BENDIX DRIVE IN SOUTH BEND, INDIANA WHEREAS, it is deemed necessary and desirable by the South Bend Board of Public Works to acquire certain land located near the intersection of Lincoln Way West and Bendix Drive in South Bend, Indiana, which real property is more particularly described as follows: in 1 l� REGULAR MEETING OCTOBER 28, 2002 Parcel 1. Owner: McDonald's Corporation Situate in Portage Township, City of South Bend, St. Joseph County, Indiana Part of the East Half of the Northeast Quarter of Section 4 Township 37 North Range 2 East (Sect 4- T37N -R2E) more particularly described as follows: Commencing at the Northeast corner of said Section 4, thence proceeding South forty -five degrees ten minutes seven seconds West (S45 °10'07" W) a distance of fifty -six and forty hundredths (56.40) feet to a point of intersection of the South right -of -way line of Elwood Avenue and the West right -of -way line of Bendix Drive, thence South zero degrees zero minutes zero seconds West (S00 °00'00 "W) along the west line of Bendix Drive a distance of four hundred four and fifty hundredths (404.50) feet to the southeast corner of lot numbered two (2) as shown on the recorded plat of All -Phase Minor Subdivision, recorded March 21, 1991 as document number 9106604 in the office of the recorder of St Joseph County, Indiana, thence South eighty -nine degrees forty -eight minutes thirty -two seconds West (S89 °48'32 "W) a distance of seven and eleven hundredths (7.11) feet to a point of the West right -of -way line, such point being the point of beginning of this description, thence South eighty -nine degrees forty -eight minutes thirty -two seconds West (S89 °48'32 "W) a distance of eight and no hundredths (8.00) feet, thence North three degrees twenty -three minutes thirteen seconds East (N3 °23'13 "E) a distance of one hundred thirty -five and forty -two hundredths (135.42) feet to a point on the West right -of -way line of Bendix Drive, thence South zero degrees zero minutes zero seconds West (S00 °00'00 "W) a distance of one hundred thirty -five and seventeen hundredths (135.17) feet to the point of beginning of this description and containing 540.69 square feet (0.0124 acres) subject to all legal highways and easements of record. Parcel 2. Owner: South Bend Venture an Illinois Partnership Situate in the City of South Bend, St. Joseph County, Indiana Part of the Northeast Quarter (NE 1/4) of Section 4 Township 37 North Range 2 East (Sect 4- T37N -R2E) described as commencing on the Northerly line of Lincolnway West in the City of South Bend at a point eight hundred forty -seven and eighty -three hundredths (847.83) feet South and forty (40) feet West of the Northeast corner of said Section 4, such point being the point of beginning of this description thence proceeding North sixty -seven degrees fifty -seven minutes fifty seconds West (N67 °57'50 "W) along the northerly right -of -way line of Lincolnway West a distance of seventy -one and six hundredths (71.06) feet, thence proceeding North fifty -one degrees one minute forty -nine seconds East (N51 °01'49 "E) a distance of sixty -five and forty -three hundredths (65.43) feet, thence proceeding North zero degrees zero minutes zero seconds East (N00 °00'00 "E) one hundred eighty -eight and twenty -six hundredths (188.26) feet, thence South sixty -seven degrees fifty -seven minutes fifty seconds East (S67 °57'50 "E) a distance of sixteen and eighteen hundredths (16.18) feet thence South zero degrees zero minutes zero seconds West (S00 °00'00 "W) a distance of two hundred -fifty and no hundredths (250.00) feet to the point of beginning for this description and containing 5320.18 square feet (0.1221 acres) subject to all legal highways and easements of record. Parcel 3. Owner: South Bend Venture an Illinois Partnership Situate in St. Joseph County, Indiana A parcel of land in the Northeast Quarter (NE 1/4) of Section 4 Township 37 North -7- REGULAR MEETING OCTOBER 28, 2002 Range 2 East (Sect 4- T37N -R2E) more particularly described as follows: Beginning at a point five hundred fourteen and twenty -six hundredths (514.26) feet south and forty (40) feet West of the Northeast corner of said Section 4 Township 37 North Range 2 East (Sect 4- T37N -R2E) said point being on the Westerly right -of -way line of Bendix Drive and being the point of beginning for this description, thence proceeding South eighty -nine degrees, fifty -six minutes, fifty -one seconds West (S89 °56'51 "W) a distance of fifteen and eleven hundredths (15.11) feet, thence proceeding South zero degrees zero minutes and zero seconds West (S00 °00'00 "W) a distance of seventy -seven and forty -eight hundredths (77.48) feet thence proceeding South sixty -seven degrees fifty -seven minutes fifty seconds East (S67 °57'50 "E) a distance of sixteen and eighteen hundredths (16.18) feet, thence North zero degrees zero minutes zero seconds East (N00 100'00 "E) eighty -three and fifty -seven hundredths (83.57) feet to the point of beginning for this description and containing 1212.45 square feet (.0278 acres) subject to all legal highways and easements of record. Parcel 4. Owner: McDonald's Corporation Situate in Portage Township, City of South Bend, St. Joseph County, Indiana A permanent non - exclusive easement for ingress and egress over and across a Part of the East Half of the Northeast Quarter of Section 4 Township 37 North Range 2 East (Sect 4- T37N -R2E) more particularly described as follows: Commencing at the Northeast corner of said Section 4 thence proceeding South forty -five degrees ten minutes seven seconds West (S45 010'07 "W) a distance of fifty -six and forty hundredths (56.40) feet to a point of intersection of the South right -of -way line of Elwood Avenue and the West right -of -way line of Bendix Drive, thence South zero degrees zero minutes zero seconds East (S00 100'00 "E) along the West line of Bendix Drive a distance of four hundred seventy -four and fifty hundredths (474.50) feet, thence South eighty -nine degrees fifty -six minutes fifty -one seconds West (S89 °56'51 "W) a distance of fifteen and eleven hundredths (15.11) feet to the place of beginning of this description; thence South eighty -nine degrees fifty -six minutes fifty -one seconds West (S89 °56'51 "W) a distance of one hundred five and fifty -nine hundredths (105.59) feet, thence North zero degrees zero minutes zero seconds West (N00 100'00 "W) a distance of sixty -nine and eighty -three hundredths (69.83) feet, thence North eighty -nine degrees fifty -two minutes zero seconds East (N89 °52'00 "E) a distance of one hundred five and fifty -nine hundredths (105.59) feet, thence South zero degrees zero minutes zero seconds East (S00 °00'00 "E) a distance of sixty -nine and ninety -eight hundredths (69.98) feet to the point of beginning for this description and containing 7381.16 square feet (0.1694 acres) subject to all legal highways and easements of record. Said easement to be appurtenant to and run with the Grantee's parcel southerly and adjacent to the easement. Parcel 5. Owner: Neufer, David A. and Kristine A Situate in Portage Township, City of South Bend, St. Joseph County, Indiana Part of the East Half of the Northeast Quarter of Section 4 Township 37 North Range 2 East (Sect 4- T37N -R2E) more particularly described as follows: Commending at the Northeast corner of said Section 4, thence proceeding South forty -five degrees ten minutes seven seconds West (S45 °10'07 "W) a distance of fifty -six and forty hundredths (56.40) feet to a point of intersection of the South right -of -way line of Elwood Avenue and the West right -of -way line of Bendix Drive, thence South zero degrees zero minutes zero seconds West (S00 100100 "W) along the West line of Bendix Drive a distance of four hundred four and fifty hundredths (404.50) feet to in 1 1 r-1 REGULAR MEETING OCTOBER 28, 2002 the Southeast corner of lot numbered two (2) as shown on the recorded plat of All -Phase Minor Subdivision, recorded March 21, 1991 as document number 9106604 in the office of the recorder of St. Joseph County, Indiana, thence South eighty -nine degrees forty -eight minutes thirty -two seconds West (S89 °48'32 "W) a distance of seven and eleven hundredths (7.11) feet to a point of the West right -of -way line, such point being the point of beginning of this description, thence South eighty -nine degrees forty -eight minutes thirty -two seconds West (S89 °48'32 "W) a distance of eight and no hundredths (8.00) feet, thence North three degrees twenty -three minutes thirteen seconds East (NO3 °23'13 "E) a distance of one hundred thirty -five and forty -two hundredths (135.42) feet to a point on the West right -of -way line of Bendix Drive, thence South zero degrees zero minutes zero seconds West (S00 °00'00 "W) a distance of one hundred thirty -five and seventeen hundredths (135.17) feet to the point of beginning of this description and containing 540.69 square feet (0.0124 acres) subject to all legal highways and easements of record. WHEREAS, the acquisition of the Real Property described above is necessary for South Bend to make improvements for the public safety and convenience in a design of the intersection of Lincoln Way West and Bendix Drive; and WHEREAS, Indiana code 36- 1- 10.5 -5 requires the "purchasing agent" to appoint two appraisers to appraise the fair market value of the Real Property. In the City of South Bend the "purchasing agent" is the Board of Public Works per the definition of IC 36- 1- 10.5 -3. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The South Bend Board of Public Works is authorized and directed to appoint two (2) appraisers to appraise the fair market value of the Real Property. 2. The South Bend Board of Public Works shall give a copy of both appraisals to the Common Council. 3. The South Bend Board of Public Works may not purchase the Real Property for a price greater than the average of the two appraisals. s/Roland Kelly Member, South Bend Common Council Mr. Carl Littrell, City Engineer, Offices in the County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Littrell advised that this Resolution will allow the Board of Public Works to acquire property for the improvements to Bendix Drive just north of Lincolnway West. It is their intent to improve traffic safety and reduce congestion at this intersection by constructing a right turn lane for southbound traffic. This will require the purchase of sixteen (16) to eighteen (18) feet additional width of right -of -way beginning at the property owned by All Phase Electric and continuing in front of property owned by the McDonald Corporation and then finishing at the auto parts store on the corner of Lincolnway West and Bendix. To do this work they propose to combine driveways. They have contacted the property owners to discuss this proposal and they seem agreeable and are anxious to hear the City's offer for their real estate. Mr. Littrell asked for the Council's favorable consideration of this Resolution. Councilmember Varner advised that the Public Works and Property Vacation Committee conducted a Public Hearing on this bill and it comes to the full Council with a favorable recommendation. in REGULAR MEETING OCTOBER 28, 2002 A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 81 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $130,000 FROM FUND 201 AND $45,000 FROM FUND 405 FOR CONSTRUCTION COSTS OF THE POTAWATOMI ZOO HOSPITAL This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Parks, Recreation, Cultural Arts and Entertainment Committee and set it for Public Hearing and Third Reading on November 11, 2002. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 82 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $126,081 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Second Reading, Public Hearing and Third Reading on November 11, 2002. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 83 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $3,606,200 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2003, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Second Reading, Public Hearing and Third Reading on November 11, 2002. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. -10- 1 1 REGULAR MEETING OCTOBER 28, 2002 BILL NO. 84 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $589,893 WITHIN FUND 212, COMMUNITY DEVELOPMENT FUND, FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Second Readirig, Public Hearing and Third Reading on November 11, 2002. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 85 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $48,920 FROM FUND 210, THE ECONOMIC DEVELOPMENT STATE GRANT FUND, FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S ADMINISTRATIVE BUDGET This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Second Reading, Public Hearing and Third Reading on November 11, 2002. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 86 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $130,000 WITHIN THE U.D.A.G. FUND (FUND 410) FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR 2003 BEGINNING JANUARY 1, 2003 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Second Reading, Public Hearing and Third Reading on November 11, 2002. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 87 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $361,000 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 "COMMUNITY DEVELOPMENT" IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Second Reading, Public Hearing and Third Reading on November 11, 2002. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. -11- REGULAR MEETING OCTOBER 28, 2002 BILL.NO. 88 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, SECTION 17 -21 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH NEW SEWER RATES BOTH INSIDE AND OUTSIDE THE CITY LIMITS This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Second Reading, Public Hearing and Third Reading on November 25, 2002. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of recommendations from the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Hearing held on October 15, 2002: BILL NO. 23 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED ALONG THE LINCOLNWAY WEST COMMERCIAL CORRIDOR BETWEEN LA SALLE AND BENDIX, IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 69 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2004 E. EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 70 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1018 -1020 NORTH SHERMAN STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer these bills to the Zoning and Annexation Committee and set them for Second Reading, Public Hearing and Third Reading on November 11, 2002. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 72 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; (RONALD & BEVERLY MATTHYS LLC, AN INDIANA LIMITED LIABILITY COMPANY) (57500 BLOCK OF MAYFLOWER ROAD, SOUTH BEND, INDIANA 46635) Councilmember King made a motion to accept the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Second Reading and Public Hearing on November 25, 2002 and Third Reading on December 9, 2002. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. -12- REGULAR MEETING OCTOBER 28, 2002 NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS BY MR. JOHN SWANSON REGARDING ESTABLISHMENT OF COMMUNITY CENTER Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that he believes that there is a void in the City with the youth because they have no place to go to get together and recognize each other as individuals instead of just from one side of town. He noted that he will continue this process for a while until he thinks of something else to do. He also commended the Council on the handling of business and stated that he believes that they are doing a pretty good job. Councilmember Coleman informed Mr. Swanson that the Park Board meets on the third Monday of each month at 4:00 p.m. in the afternoon and suggested that he might be interested in attending those meetings. Mr. Swanson stated that he has been thinking about that and noted that the activities are all -right but they are not focusing on the right group. QUESTIONS CONCERNING DETECTIVE CLASSIFICATION PAY Mr. Rod . Smadecki, Attorney at Law, 228 West Colfax Avenue, South Bend, Indiana, indicated that he would like to bring to the Council's attention certain inequities that have existed over the past four (4) years in the tier system as set out in Ordinance No. 8889 -98 in which the detectives in the South Bend Police Department were to receive supplemental pay in the amount of approximately six hundred sixty three dollars ($663.00) annually. In that ordinance, and subsequent ordinances which ratified the basic premise, it was brought to the Council on the basis of the need for the South Bend Police Department to attract qualified individuals and address pay inequities which have arisen over the years. Specific language of the ordinances provides for that. It also refers to the fact that these pay supplements were to be based on experience and expertise. To date, they have been based upon a testing system which many individuals within the detective bureau have not undertaken or have not qualified if they were taken. Mr. Sniadecki submitted to the Council a two (2) page memo regarding the tier system as well as copies of the applicable ordinances and a Board ofPublic Safety Resolution. He noted that the Council, when they originally formulated the ordinance, did not have the information with regard to the testing system and he asked that the Personnel and Finance Committee take a look at this and attempt to at least study the situation and see if it might be resolved. Councilmember Aranowski advised that the Personnel and Finance Committee will discuss this matter on November 11, 2002 at their afternoon meeting. Councilmember Coleman recognized Mr. Sniadecki as a former member of the Common Council. ADJOURNMENT There being no further business to come before the Council, President Kelly adjourned the meeting at 7:34 p.m. ATTEST: p (:�A� Loretta J. Du City Perk -13- ATTEST: Roland Kelly, President