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HomeMy WebLinkAbout10-26-98 Council Meeting MinutesREGULAR MEETING OCTOBER 26,1998 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 26, 1998, at 7:OO p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: None Fourth District Council Member Broden resigned his elective position on the Council to assume the duties of City Attorney. 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 12, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Kelly made a motion that the minutes of the October 12, meeting be accepted and placed on file, seconded by Council Member Varner. The motion carried. SPECIAL BUSINESS Council President Coleman announced that the Council has two appointments to the Redevelopment Commission, as of the first of the year. He informed the public that if any one is interested in being appointed they are to send a letter to the Council, or send a notice to the City Clerk's office, or contact a Council Member. He advised that the present appointees have expressed interest in being reappointed. Council Member Aranowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Varner. 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 at 7:07 p.m. with eight members present. Chairman Pfeifer presiding. BILL NO. 69 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF WEST SAMPLE STREET FROM THE EAST RIGHT -OF -WAY OF WEBSTER STREET TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH /SOUTH ALLEY EAST OF WEBSTER STREET FOR A DISTANCE OF APPROXIMATELY 144 FEET AND A WIDTH OF 12 FEET. PART LOCATED IN ARNOLD & WEBSTER'S SUB. OF BANK OUTLOT 103, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Julia Michalak, 1221 W. Sample, made the presentation for the bill. She indicated the reason she wanted this alley vacated was due to the traffic which is excessive, and there is also a security issue. She indicated that the traffic through the alley was causing property damage. REGULAR MEETING OCTOBER 26, 1998 Richard Michalak, Portage, MI, son of the petitioner, advised that there has been a change in the traffic pattern to the point there is damage to property on the alley, as well as the curbs on the street. Paul Fujawa, 1121 W. Grace, advised that he was a structural engineer and traffic was damaging home in the area. Charles Vanacker, 19413 Kern, indicated that his mother lived on W. Sample, and she was against this vacation. He questioned how "1 the utilities would access their easement. His question was answered by the Council as well as the City engineer. A question was raised about Mr. Knight's access to his garage. Mrs. Michalak indicated he will receive access to the garage. Council Member Varner made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 77 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: SIX ALLEYS AND THREE STREETS IN HOMELAND 3RD ADDITION AND RICHLAND 2ND ADDITION (PT. VACATED) Council Member Coleman made a motion to continue public hearing, at the request of the petitioner, until November 9, seconded by Council Member Kelly. The motion carried. BILL NO. 70 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 27TH STREET FROM THE SOUTH RIGHT -OF -WAY OF E. MC KINLEY AVENUE TO THE NORTH RIGHT -OF -WAY OF E. COLFAX AVENUE FOR A DISTANCE OF APPROXIMATELY 700 FEET AND A WIDTH OF 60 FEET. LOCATED IN WALNUT GROVE MUTUAL HOUSING CORPORATION 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 Varner reported that the Public Works and had met on this bill and had no recommendation. Lillian Buti, 2810 Hickory Lane, president of Walnut Grove Mutual Housing Corp., made the presentation for the bill. She indicated they were asking for the vacation of this street because of the people using this street as a cut through to Jefferson, are driving too fast, causing danger to'pedestrians and damage to property. She advised they are also dumping a lot of trash on the Walnut Grove property. James Duxbury, 2635 Tamarc, a board member of the housing corp., indicated he has lived there for thirty -nine years. He advised that when they come off McKinley, they drive as fast as they can and they do not observe stop signs or general traffic rules. He informed the Council that they have put up with it for many years and it is only getting worse. Roy Vanetti, 103 S. 26th, indicated the Area Plan Commission recommended approval of this vacation. Council Member Varner explained it was the Economic Development Department that recommended approval. JoAnn Hill, 2620 Tamarac, reported that she has lived in Walnut Grove for three years and has had to call 11911" four times because of accidents caused by speeding through the area. Barbara Steel, 2620 Aspen, indicated it was a safety factor, as well as the fact that the speeders are ruining the curbs and grass in the development. Lillian Buli presented a petition to the Council in favor of this vacation. Paul Meyers, 108 N. 29th, advised that they do not have tree lawns, we have street, curb, and sidewalks and the volume of speeding traffic makes it very dangerous for walkers. Shannon Sanfield, 129 S. 26th, we have to park on 26th Street and just getting in and out of the car is a hazard. Carl Littrell, City Engineer, spoke against this proposed vacation of 27th street. He advised that the Board of Works gave this an unfavorable recommendation. He reported that there are several different means of traffic calming to slow down the flow of traffic. Bert Prawat, chief of fire prevention, indicated that if this street was closed it could slow down response time for the fire trucks and ambulances. Council Member Hosinski made a motion to recommend this bill to the Council favorable, however, the motion failed due to a lack of a second. Council Member Coleman made a motion to continue REGULAR MEETING OCTOBER 26, 1998 this bill indefinitely for the express purpose of finding traffic calming solutions, seconded by Council Member Kelly. Council Member Kelly withdrew his motion, in order that Lillian Buli could request a continuance. As the petitioner she requested the continuance. Council Member Coleman made a motion to continue this bill indefinitely, at the request of the petitioner, seconded by Council Member Kelly. The motion carried. BILL NO. 60 -98 A BILL AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, AS AMENDED OF THE ORDINANCES OF THE CITY OF SOUTH BEND, INDIANA, FOR 712 NORTH NILES AVENUE, SOUTH BEND, INDIANA FOR MADISON CENTER, INC. Council Member Varner made a motion to continue public hearing on this bill, at the request of the petitioner, until November 9, seconded by Council Member Hosinski. The motion carried. BILL NO. 36 -98 A BILL AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A NORTH ST. JOSEPH STREET HISTORIC PRESERVATION DISTRICT 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 Varner reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Council Member Hosinski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Varner. The motion carried. John Oxian, president of the Historic Preservation Commission, made the presentation for the bill. He reported that this district consists of eleven houses, which are similar to the homes in the Near Northwest Neighborhood Association who requested this new district be established. He advised this was a middle class neighborhood near the river, and to date this classification has continued. He informed the Council that this entire area is composed of Historic Districts. He advised that the Historic Preservation Commission declared that this area become an historic district. Jim Voll, Area Plan, advised that the Area Plan Commission sends this bill to the Council with a favorable recommendation. Rita Kopczynski, director of the Near Northwest Neighborhood Association, indicated that Memorial Hospital has given us homes, and they are giving a $5,000 grant to any employee who wants to buy one of the homes. Nancy Coiro, 706 N. St. Joseph St., indicated she was proud to live in the downtown area of South Bend. Will Hostetler, 708 N. St. Joseph, spoke in favor of creating this district. He indicated this was a win -win situation with Memorial Hospital. Wanita Hill, 225 Hammond Pl. indicated she supported this district, because she was personally committed to protecting neighborhoods. Julie DesLauriers, 701 Riverside Dr., spoke in favor of this designation. Katherine Hostetler, 708 N. St. Joseph, vice president of the Historic Preservation Commission, indicated she supported the creation of this district. Sara Wood, 225 E. Navarre, spoke in favor of this designation. Gloria Wolvas, 619 Riverside, spoke in favor of this designation, indicating she owns two homes in the area of the City. Michelle Gillman, 619 Riverside Drive, spoke in favor of this designation. Dr. Linda Fritschner, 629 Riverside Dr., presented letters from people in the area that are in support of this designation. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Varner. The motion carried. BILL NO. 86 -98 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 617 WEST LA SALLE 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 REGULAR MEETING OCTOBER 26, 1998 be approved. Council Member Varner reported that the Zoning and Annexation Committee had met on this bill and had no recommendation. John Oxian, president of the Historic Preservation Commission, made the presentation for the bill. He advised that there are quite a few homes on LaSalle Street, as well in the area that are local landmarks. He advised that this Queen Anne style house is ranked an eleven. Council Member Ujdak made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. Council Member Kelly made a motion to rise and report to the Council, seconded by Council Member Aranowski. The motion carried. ATTES ATTEST: C t le 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 8:57 p.m. Council President Coleman presiding, and eight members present. BILLS, THIRD READING ORDINANCE NO. 8948 -98 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF WEST SAMPLE STREET FROM THE EAST RIGHT -OF -WAY OF WEBSTER STREET TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH /SOUTH ALLEY EAST OF WEBSTER STREET FOR A DISTANCE OF APPROXIMATELY 144 FEET AND A WIDTH OF 12 FEET. PART LOCATED IN ARNOLD & WEBSTER'S SUB. OF BANK OUTLOT 103, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8949 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A NORTH ST. JOSEPH STREET HISTORIC PRESERVATION DISTRICT This bill had third reading. Council Member Pfeifer made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Varner. The motion carried. Council Member Hosinski made a motion to pass the bill, as amended, seconded by Council Member Pfeifer. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8950 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 617 WEST LA SALLE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Hosinski made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of eight ayes. RESOLUTIONS Council Member Hosinski made a motion to combine public hearing on the next two resolution, seconded by Council Member Sniadecki. REGULAR MEETING OCTOBER 26, 1998 The motion carried. RESOLUTION NO. 2685 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL SOUTH BEND, INC. 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 3605 W. Cleveland, and which is more particularly described as follows: A tract of land in part of the east half of Section 21, township 38 north, range 2 east, 2nd P.M. St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the east -west half section line of said east half north 88 degrees 53 minutes 36 seconds East 915.58 feet from the center of said Section 21, thence north 0 degrees 56 minutes 57 seconds west 338.80 feet; thence north 88 degrees 53 minutes 36 seconds east, parallel with the east -west half section of said Section 800.00 feet; thence south 0 degrees 56 minutes 57 seconds east 1726.13 feet; thence northwesterly 550.14 feet along an arc to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of north 54 degrees 36 minutes 59 seconds west and a distance of 549.80 feet; thence north 51 degrees 05 minutes 08 seconds west 465.22 feet; thence north 0 degrees 56 minutes 57 seconds west 761.20 feet to the east -west half section line of said east half the point of beginning, and containing 26.203 acres, more or less. with said real estate having the following Key No.25 500 13100, 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 -25; and Whereas, the Council held a public hearing for the purpose 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 Personal 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 Personal property tax deduction for a period of FIVE (5) 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 -12.1 et seq. LJ 1 !' II �J REGULAR MEETING OCTOBER 26, 1998 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/ Sean Coleman Member of the Common Council RESOLUTION NO. 2686 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL SOUTH BEND, INC. 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 3605 West Cleveland Road, South Bend IN, and which is particularly described as follows: A tract of land in part of the east half of Section 21, township 38 north, range 2 east, 2nd P.M. St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the east -west half section line of said east half north 88 degrees 53 minutes 36 seconds East 915.58 feet from the .center of said Section 21, thence north 0 degrees 56 minutes 57 seconds west 338.80 feet; thence north 88 degrees 53 minutes 36 seconds east, parallel with the east -west half section of said Section 800.00 feet; thence south 0 degrees 56 minutes 57 seconds east 1726.13 feet; thence northwesterly 550.14 feet along an arc to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of north 54 degrees 36 minutes 59 seconds west and a distance of 549.80 feet; thence north 51 degrees 05 minutes 08 seconds west 465.22 feet; thence north 0 degrees 56 minutes 57 seconds west 761.20 feet to the east -west half section line of said east half the point of beginning, and containing 26.203 acres, more or less. and this property has Key Numbers 25 500 13100, be designated as an Economic 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 ten (10) years, and further determines REGULAR MEETING OCTOBER 26, 1998 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- 12.1 et sea. 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. 1s/ Sean Coleman Member of the Common Council A public hearing was held on the resolutions at this time. Richard Monagle, operations manager, made the presentation for the resolutions. He reported that his company made 12,000,000 pistons this year. He advised they will now assemble the pistons in South Bend. He informed the Council that fifty new jobs will be created. Council Member Kelly made a motion to adopt Resolution No. 2685 -98, seconded by Council Member Varner. The resolution was adopted by a roll call vote of seven ayes (Council Member Hosinski was absent from the Chambers). Council Member Kelly made a motion to adopt Resolution No. 2686 -98, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of seven ayes (Council Member Hosinski was absent from the Chambers). BILL NO. 98 -153 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING RULES FOR PURCHASING FOR THE CITY OF SOUTH BEND, INDIANA Council Member Kelly made a motion to continue this bill until November 9, at the request of the petitioner, and refer it back to the Personnel and Finance Committee, seconded by Council Member Varner. The motion carried. BILL NO. 98 -154 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND PROMOTING THE PURCHASE OF SUPPLIES MANUFACTURED IN THE UNITED STATES FOR THE CITY OF SOUTH BEND, INDIANA Council Member Kelly made a motion to continue this bill until November 9, at the request of the petitioner, and refer it back to the Personnel and Finance Committee, seconded by Council Member Varner. The motion carried. RESOLUTION NO. 2887 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION THAT THE LEASE OF PROPERTY AT 205. W. JEFFERSON BLVD., SOUTH BEND, INDIANA, FOR USE AS GENERAL OFFICE SPACE IS NECESSARY WHEREAS, the Board of Public Works of the City of South Bend Indiana (Board), on October 8, 1998, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 205 W. Jefferson, Suite 416, South Bend, Indiana, by entering into a lease agreement with 1st Source Bank, for a term of one year with an option to renew for two additional one year periods without further rent increase, with an annual rental not to exceed Twenty -Seven Thousand Four Hundred Seventy -Eight Dollars ($27,478.00) without notice or demand, each installment to be paid in advance upon the first day of each installment period to the Lessor or at such place as the Lessor may designate in writing; and WHEREAS, the Board received on October 8, 1998, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signatories of the Petition are 1 i 1 REGULAR MEETING OCTOBER 26, 1998 taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1 -10 -7 (2) requires, prior to the Board of Public Works entering into a lease agreement for said premises, that the Common council, determine that the premises are needed and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. That the Common Council is desirous of establishing a neighborhood center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3. That the property at 205 W. Jefferson Blvd., Suite 416, South Bend, Indiana, contains approximately 2,498 square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4. That on October 8, 1998, a Petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 205 West Jefferson, South Bend, Indiana, by entering into a lease with 1st Source Bank, for a term of one year, with an option to renew for two additional one year periods, with an annual rent not to exceed Twenty -Seven Thousand Four Hundred Seven -Eight Dollars (27,478.00). 5. That on October 8, 1998, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend. 6. A proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated. 7. Having considered the presentation and hearing on this Resolution on October 8, 1998, the Common council of the City of South Bend hereby finds, pursuant to I.C. 36- 1- 10 -7(2), that the lease of property at 205 W. Jefferson Blvd., Suite 416, as general office space, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor is needed. 8. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member, South Bend Common Council A public hearing was held on the resolution at this time. Ann Carol Nash, assistant City attorney, made the presentation for the resolution. She indicated this lease was for office space there is currently being used by Planning and Neighborhood Development. She indicated this was a one year lease. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 98 -156 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING AND REGULAR MEETING OCTOBER 26, 1998 ADOPTING AMENDMENTS TO THE RULES AND REGULATIONS OF SOUTH BEND WATER WORKS Council Member Aranowski made a motion to continue this bill indefinitely, at the request of the petitioners, seconded by Council Member Varner. The motion carried. RESOLUTION NO. 2688 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDRESSING THE REPORT FROM THE GREATER ST. JOSEPH COUNTY AREA BI- PARTISAN STUDY COMMITTEE ON GAMING Whereas, on April 14, 1997, the South Bend Common Council unanimously adopted Resolution No. 2452 -97 which officially established the Greater St. Joseph County Area Bi- Partisan Study Committee on Gaming; and Whereas, on May 14, 1998, the nineteen member Greater St. Joseph County Area Bi- Partisan Study Committee issued its five - page report addressing the "Location of a Casino in St. Joseph County, Indiana "; and Whereas, the Committee addressed in its report social issues, the economic impact, and discrimination issues, and made the following recommendation: Based on the Committee's research, study, discussions with others and among ourselves, and on members' own personal experiences and observations, it is this Committee's recommendation that it should be the public policy of this community to oppose the location of a casino in St. Joseph County. Whereas, the South Bend Common Council further acknowledges that it passed Ordinance No. 8548 -94 on November 14, 1994, which addressed zoning regulations dealing with wagering, off -track pari - mutuel facilities, race tracks and other activities authorized by the Indiana Horse Racing Commission; and passed Ordinance No. 8608 -95 on July'10, 1995 added zoning regulations addressing approved hotels, casinos and buildings wherein gambling games may be conducted; both of which were based on establishing regulations which would promote the public health, safety and general welfare of',the City through its zoning regulations. Now, Therefore, Be it Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council and the City Administration of the City of South Bend, St. Joseph County, Indiana, formally acknowledge and accept the report and the recommendation made by the Greater St. Joseph County Area Bi °Partisan Study Committee which is attached to this resolution. Section 11. The Council further believes that since we believe that our neighborhoods and local businesses are the backbone of our community and,that the quality of life of our citizens and families are of paramount importance, that a certified copy of this resolution, upon its adoption and the Report of the Casino Study Committee be sent to all State Senators and State Representatives representing the Michiana area, the Chairpersons of the'Committee of Public Policy, Ethics and Veterans Affairs Committee,_ Governor Frank O'Bannon, Lieutenant Governor Joseph E. Kernan, the St. Joseph County Commissioners, the St. Joseph County Council, U.S. Representative Timothy Roemer, Secretary of the Interior Bruce Babbit, U.S. Senator Dan Coats, and U.S. Senator Richard Lugar. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and F", 1 �_ Y K- REGULAR MEETING approval by the Mayor. James Aranowski, First District OCTOBER 26, 1998 David Varner, Fifth District Charlotte Pfeifer, Second District Andrew Ujdak, Sixth District Roland Kelly, Third District Sean Coleman, At Large John Broden, Fourth District John Hosinski, At Large ATTEST: Loretta Duda, City Clerk Rod Sniadecki, At Large Stephen J. Luecke, Mayor Kathleen Cekanski - Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Ujdak made the presentation for the resolution. He advised that this resolution formally accepts the report and recommendation made by the Greater St. Joseph County Area Bi- Partisan Study Committee. Council Member Varner suggested that a copy of this resolution also be sent to cities and towns who have have adopted legislation against gambling. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 87 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED AT 2102 EAST INWOOD ROAD, CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Hosinski made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 88 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1122 AND 1205 SOUTH IRONWOOD DRIVE, CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Pfiefer made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 89 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8828 -97 TO DECREASE THE APPROPRIATION FOR THE MOTOR VEHICLE HIGHWAY FUND FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1998 AND ENDING DECEMBER 31, 1998 This bill had first reading. Council Member Aranowski made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on November 9, seconded by Council Member Varner. The motion carried. BILL NO. 90 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A PURCHASING AGENCY FOR THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on November 9, seconded by Council Member . The motion carried. UNFINISHED BUSINESS Council Member Hosinski made a motion to set Bill NO. 78 -98 for REGULAR MEETING OCTOBER 26, 1998 public hearing and second reading on November 9, and refer it to the Zoning and Annexation Committee, seconded by Council Member Kelly. The motion carried. Council Member Kelly made a motion Bill nos. 80 and 81 -98 for public nearing and third reading on November 9, and refer it to the Zoning and Annexation Committee, seconded by Council Member Varner. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke regarding the third survey being sent out to see what the people of South Bend think about the City. He indicated this one will cost $26,000, and questioned why we have to give the same person so much money. He also discussed the Y2K problem and indicated he hoped the City was prepared. There being no further business to come before the Council unfinished or new, Council President Coleman adjourned the meeting at 9:20 p.m. ATTEST: ty 1 ATTEST: President 1 I 1