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HomeMy WebLinkAbout04-14-97 Council Meeting MinutesREGULAR MEETING APRIL 14.1997 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, April 14, 1997, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, Broden, Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the March 24, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the March 24, 1997, meeting be accepted and placed on file, seconded by Council Member Varner. The motion carried. SPECIAL BUSINESS Council President Kelly reported that the second meeting in May will be held on May 27, due to the holiday on the 26th. RESOLUTION NO. 2448 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE BETHEL PILOTS FOR WINNING THE 1997 NAIA DIVISION II, NATIONAL CHAMPIONSHIP Whereas, the Common Council of the City of South Bend, Indiana, enthusiastically acknowledges that the Bethel Pilots Basketball Team won the NAIA Division II National Championship by defeating Siena Heights by a 95 to 94 score in Nampa, Idaho; and Whereas, the Common Council proudly acknowledges that the Pilots late -game heroics helped them claim its second NAIA Division II National Championship in three years and provided a positive ending to a season of 34 wins and 5 tough close losses; and Whereas, the City of South Bend salutes Bethel College President Norman Bridges, Coach Mike Lightfoot, his entire coaching and management staff and all of the young men on the Bethel Pilots Basketball team for their triumphant team effort and the excellence each of them has shown both on and off the basketball court; and Whereas, the role model provided by Coach Lightfoot, the NAIA Division II "Coach of the Year "; Junior Rico Swanson formerly of Riley High School, the tournament's MVP and the NAIA Division II Player of the Year; Randy Romer who hit the game - winning shot, and all of the Bethel Pilots, a team plagued with injuries, truly showed that hard work, dedication and motivation have made "Bethel College No. 1 ". Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all of the citizens of the City of REGULAR MEETING APRIL 14,1997 South Bend, Indiana, the Common Council hereby publicly commends the Bethel College Basketball team proudly known as the "Bethel Pilots" for winning the 1997 NAIA Division II National Championship by a score of 95 -94. SECTION II. The Common Council salutes Bethel Coach Mike Lightfoot, his entire Coaching Staff along with all of the individual members on the Bethel College Basketball Team for their athletic abilities, positive attitudes and team work on the basketball court, but also for their excellence as individuals off the court, and for being enthusiastic ambassadors of our community. SECTION III. The Common Council is proud to salute Bethel College, the Bethel Pilots, and all of the friends and families of the young men who have worked so hard in bringing a National Championship home to our community. We salute each and every one of you in earning your second National Championship in three years. SECTION IV. This resolution effect from and after its adoption approval by the Mayor. James Aranowski, Member Charlotte Pfeifer, Member Roland Kelly, Member John Broden, Member ATTEST: Loretta Duda, City Clerk shall be in full force and by the Common Council and David Varner, Member Andrew Ujdak, Member Sean Coleman, Member John Hosinski, Member Rod Sniadecki, Member Steve Luecke, Mayor Kathleen Cekanski - Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Coleman read the resolution. David DeArsi, a Bethel alumnus, congratulated the Pilots for another successful season. He indicated he was proud of his team. Council Member Varner made a motion to adopt the resolution unanimously, seconded by Council Member Hosinski. The motion carried and the resolution was adopted. CITY REPORTS Al Kirsits, Fire Department, reported on the River Rescue School. He indicated in 1985 swift water training was established, and in the last twelve years approximately 1,500 students have gone through this school, at a cost of $250 per student. He reported they are now doing exchange training with other cities. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Broden. 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 7:20 p.m. with nine members present. Chairman Coleman presiding. BILL NO. 16 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF EAST MONROE STREET FROM THE WEST RIGHT -OF -WAY LINE OF SOUTH SAINT JOSEPH 1 1 J REGULAR MEETING APRIL 14,1997 STREET TO THE EAST LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH SAINT JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN THE TAYLOR FIELD ADDITION IN THE CITY OF SOUTH BEND, SAINT 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, subject to an easement agreement. John Roxy, petitioner, made the presentation for the bill. He indicated he was requesting this vacation for safety reasons. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion carried. BILL NO. 24 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 3, SECTION 20 -29 OF THE SOUTH BEND MUNICIPAL CODE, TO ESTABLISH FEES FOR TOWING AND STORAGE OF ABANDONED VEHICLES 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 Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Kathleen Dempsey, Director of Code Enforcement, made the presentation for the bill. She indicated this bill will increase the fee charged for abandoned vehicles. She reported that allowing this increase will assist her division to achieve their goal to be self- supporting. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried.. BILL NO, 25 -97 A BILL TRANSFERRING $443,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This being the time heretofore set for public hearing on the above bill, proponentns and opponents were given an opportunity to be heard. Council Member Broden reported that the Economic and Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, director of Financial and Program Management, made the presentation for the bill. She reported that this bill would transfer 1996 program income funds and remaining funds in prior year or previously funded projects, and will be added to allocations for three projects, as well as additional projects slated for implementation in 1997. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Broden. The motion carried. BILL NO. 26 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FROM VARIOUS ACCOUNTS 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 Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Captain Gary Horvath, South Bend Police Department, made the presentation for the bill. He reported the department was awarded a Federal Block Grant of $304,524, and a City match of $33,836 is required. He indicated the grant would be used for home security assessment and installation programs for the elderly; emergency phone call -back system; community oriented policing training for all Department employees, city and REGULAR MEETING APRIL 14,1997 community leaders, as well as council members; a partnership with the South Bend Community Schools; forensic equipment upgrades; drug and bomb detector K -9 training; and equipment upgrades for SWAT. Council Member Broden made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried. Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Broden. The motion carried. ATTEST: ity C r Chairman REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:30 p.m. Council President Kelly presiding, and nine members present. ORDINANCE NO. 8771 -97 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST - WEST ALLEY SOUTH OF EAST MONROE STREET FROM THE WEST RIGHT -OF -WAY LINE OF SOUTH SAINT JOSEPH STREET TO THE EAST LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH SAINT JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN THE TAYLOR FIELD ADDITION IN THE CITY OF SOUTH BEND, SAINT JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Varner made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8772 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 3, SECTION 20 -29 OF THE SOUTH BEND MUNICIPAL CODE, TO ESTABLISH FEES FOR TOWING AND STORAGE OF ABANDONED VEHICLES This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Pfeifer. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8773 -97 AN ORDINANCE TRANSFERRING $443,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Council Member Varner made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8774 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FROM VARIOUS ACCOUNTS This bill had third reading. Council Member Broden made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of nine ayes. RESOLUTIONS REGULAR MEETING RESOLUTION NO. 2449 -97 APRIL 14,1997 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3520 WESTMOOR BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ALLIEDSIGNAL, 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 3520 Westmoor, and which is more particularly described as follows: NESE 4 37 2E TRACT 2, CONT 39.32 AC with said real estate having the following Key No.18 2195 7255, 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. 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Edward Certisimo, representative of Alliedsignal, made the presentation for the resolution. He indicated they plan to purchase and refurbish manufacturing equipment at a cost of over 27 million dollars. He advised this was an outgrowth of the commercial airline industry. Council Member Varner made a motion to amend this bill in the title and in the second Whereas clause to read 3520 Westmoor, seconded by Council Member Hosinski. The motion carried. Council Member Coleman made a motion to adopt the resolution, as amended, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2x50 -97 A RESOLUTION CONFIRMING THE ADOPTION OF REGULAR MEETING APRIL 14,1997 A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 250 EAST SAMPLE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: DAVIS AND GROOME, AN INDIANA PARTNERSHIP 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 250 E. Sample, South Bend IN, and which is particularly described as follows: Parcel I: Lots numbered one (1), two (2) and three (3) as shown on the recorded plat of Mary Hutchins' addition to the City of South Bend, recorded in Plat Book 2, Page 67, together with the east and west alley lying of lots 1 and 2 and north of lot 3 of said lots. A lot or parcel of land in the east half of the northwest quarter of Section 13, Township 37 north, Range 2 east, now within and a part of the City of South Bend, in St. Joseph County, Indiana, described as beginning at a point 36 rods, 3 feet and 10 inches west of the northeast corner of the northwest quarter of said section 13; thence running west on the north line of said section a distance of 28 feet; thence to the place of beginning, excepting therefrom that part taken off of the north end thereof for Sample Street. Parcel II: A parcel of land in the northwest quarter of Section 13, Township 37 north, Range 2 east, described as follows: Beginning at a point 40 rods, 13 feet and 10 inches west of the northeast corner of the northwest quarter of the northwest quarter of section 13, which point is in the center line of Sample Street; thence east on said line 48 feet; thence South 10 rods and 31 links; thence west 43 feet; thence north 10 rods and 31 links to the place of beginning. with said real estate having the following Key Number 18 7001 0001, 18 7001 0002, and 18 7008 0277 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. 1 1 1 REGULAR MEETING APRIL 14 ,1997 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 six (6) 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 secs. 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 /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Duane Davis, one of the petitioners, made the presentation for the resolution. He indicated they planned to renovate the old Railroad Salvage building to it can be used as an auto painting and bodyworks facility. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2451 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 5681 W. CLEVELAND, AN ECONOMIC REVITALIZATION AREA FOR THE PURPOSE OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR CORPORATE SERVICES, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 5681 W. Cleveland, South Bend, Indiana, and which is more particularly described as follows: Lot #2 Kitkowski's Brick Rd., Minor Subdivision and which has Key Number 25 1018 061601 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2- 76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: REGULAR MEETING APRIL 14,1997 A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C: That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Broden reported that the Personnel and Finance Committee had met on this resolution and recommended it to the Council favorable. Robert Wozny, a representative of Corporate Services, made the presentation for the resolution. He indicated they planned to build a 50,000 square foot building to expand their printing business, which would allow them to become more competitive in the marketplace. He estimated the cost of the new building would be $1,000,000. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Broden. The resolution was adopted by a roll call vote of nine ayes. 1 1 u REGULAR MEETING RESOLUTION NO. 2A52 -97 APRIL 14,1997 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING A GREATER ST. JOSEPH COUNTY AREA BI- PARTISAN STUDY COMMITTEE ON GAMING. Whereas, the Common Council notes that currently there is a legislative consideration reviewing the expansion of gaming and gambling in the State of Indiana; and Whereas, currently Indiana State law specifically regulates a state lottery system, pari - mutuel wagering on horse racing, games of chance and river boat gambling; and Whereas, the South Bend Common Council believes that before further expansion of any form of gambling or gaming in the State of Indiana should occur, opportunities for public discourse should take place, thus permitting cost - benefit analysis studies addressing the effects of gaming in the State of Indiana upon economic development existing businesses, tourism, neighborhoods, and related quality of life issues; and Whereas, the South Bend Common Council believes that a Greater St. Joseph County Area Bi- partisan Study Committee on Gaming is needed to procure the factual and legal background information which details the potential benefits and risks of any expansion of gambling or gaming as it may affect the Michiana area, and its specific fiscal effect on city and county services, its effect on local business including colleges and universities, and its effect on the myriad quality of life issues; and Whereas, in light of the limited information provided to the City at the present time and until proper state and local studies have been completed and open forums for public discourse have taken place, the Common Council believes that any expansion of legalized gaming or gambling should be reviewed until all of the delicate issues are properly weighed and their potential effect assessed. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Council believes that our neighborhoods and local businesses are the backbone of our community and recognizes the need to thoroughly assess the effect gaming or gambling would have upon the quality of life of our citizens and families. Section II. The Council believes that the formation of a Greater St. Joseph County Area Bi- partisan Study Committee on Gaming, which is hereby established in cooperation with the Office of the Mayor of the City of South Bend, would provide the needed opportunities to study the potential effect of gaming or gambling in St. Joseph County, and would provide a forum for citizen input and a written report of its findings and recommendation in a timely manner. Section III. The Common Council directs the City Clerk to send a certified copy of this Resolution, upon its adoption, to all State Senators and State Representatives representing the Michiana area, the Chairpersons of the Committee on Public Policy and the House Public Policy, Ethics and Veterans Affairs Committee, Governor O'Bannon, Lieutenant Governor Kernan, the St. Joseph County Commissioners, the St. Joseph County Council, U.S. Representative Tim Roemer, Secretary of the Interior Bruce Babbit, U.S. Senator Dan Coats, and U.S. Senator Richard Lugar. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. REGULAR MEETING James Aranowski, First District APRIL 14,1997_ 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 Rod Sniadecki, At Large ATTEST: Loretta Duda, City Clerk Stephen J. Luecke, Mayor Kathleen Cekanski - Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Coleman and Council Member Ujdak made the presentation for the resolution. Council Member Coleman indicated the resolution was been changed from its original format, he read the revised title "A Resolution of the Common Council of the City of South Bend Indiana establishing a Greater St. Joseph County Area Bi- partisan Study Committee on Gaming "; Section I of the revised resolution was deleted in the sub- committee meeting, making Section II, Section I, as well as the addition of the wording bi- partisan, in Section II. He indicated that he would like to offer that the word bi- partisan also be included in the title; in the first whereas section, where it read for measures limiting, would now read "reviewing "; in the fourth whereas section, where the word impact is written, it they should be replaced by the word "effect "; in the fourth whereas, change the word postponed to "reviewed" and substitute "effect" for the word impact; in new Section I replace the word impact with "effect "; in Section II add the word bi- partisan before the word "Study" change the word impact to "effect ", change the word impact to "effect in line 4, change forums to forum. He made a motion that the Council accept these amendments, seconded by Council Member Broden. The motion carried. Council Member Ujdak indicated the study of this issue was necessary since there are very complicated regulations and social issues that need to be explored. Council Member Coleman read the amended resolution. Mayor Luecke commended the Council on this resolution and indicated he would join with the Council in appointing a study committee. Scott Pelath, field representative for Congressman Roemer, read some remarks on behalf of the Congressman in favor of the resolution. John Wolff, Valparaiso, indicated he was not opposed to the Pokagons, but this was a local issue and he supported the resolution. He also indicated he felt we need a State referendum against gambling. Merrill Hartman, 26th Street, indicated he was in favor of the study committee. He indicated there was a difference between church bingo and gambling at Harrahs. Terry Trimmer, Elkhart, indicated he was on the Study Commission in Elkhart. He commended the Council for this resolution. He indicated this study is not against the Indians, the Pokagons were not forced to go on a reservation and they have all the rights we have. Richard Warner, a member of the North Liberty Town Council, indicated he would like to be on the study committee. Barbara Warren, spoke on behalf of the indians indicating that the money that will be derived would benefit the community. David Smale, 925 W. Washington, spoke in favor of the study committee. Robert Melling, 217 E. Cripe, Roseland, spoke in favor of the study committee. Dave DeArcy, indicated if they do the study what would be learned that we do not already know. He wanted to know what things could we expect to find that would make it worth the risk. Dennis Dale, 29762 County Road 20, Elkhart, indicated he felt that was broad -based support for a casino in our area. Council attorney, Kathleen Cekanski - Farrand indicated Council Member Pfeifer had noted there were several 1 1 REGULAR MEETING APRIL 14,1997 inconsistences in the resolution; in the third whereas clause delete the word potential and the words "the expansion of "; in the fourth whereas clause add the word "bi- partisan" before Study; in Section I add the word of and delete "any expansion "; in Section II delete the words "the expansion of ". Council Member Pfeifer made a motion to accept these amendments, seconded by Council Member Sniadecki. The motion carried. Council Member Broden made a motion to adopt this resolution, as amended, seconded by Council Member Pfeifer. The motion carried. Council Member Coleman made a motion to recess, seconded by Council Member Hosinski. The motion carried and the meeting was recessed at 8:28 and reconvened at 8:35 p.m. RESOLUTION NO. 2A53 -97 Whereas, the South has a mandatory duty to for members of the South Indiana Code §36- 8 -3 -3; the exclusive right to o of the South Bend Police 8 -3 -2; and A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN ADVISORY CITY NEGOTIATING TEAM TO ACT WITH THE CITY'S AGENT AND PERSON AUTHORIZED TO REPRESENT THE CITY OF SOUTH BEND FOR POLICE NEGOTIATIONS Bend Common Council acknowledges that it fix by ordinance the annual compensation Bend Police Department pursuant to and that the Board of Public Safety has versee all matters excluding compensation Department pursuant to Indiana Code §36- Whereas, the administrative and legislative branches of the City of South Bend have determined that a unified effort would be in the City's best interests when addressing, through a negotiation process, such items as wages, salaries, monetary fringe benefits and working conditions of the South Bend Police Department; and Whereas, The Board of Public Safety will take action on a similar Resolution which will appoint an advisory negotiating team to work with the City's agent and person to represent the Board regarding the upcoming Police Department matters addressed in the Working Agreement between the City and the Fraternal Order of Police, Lodge No. 36; and Whereas, the advisory City Negotiating Team shall not be considered a "public agency" or "governing body" as defined in Indiana Code § 5- 14- 1.5 -2; and Whereas, the Common Council and the City Administration jointly agree that a unified effort through an advisory City Negotiating Team to work with an authorized agent and person to act on their behalf for the upcoming Police Negotiations, is in the best interest of the City of South Bend, Indiana. Now, therefore, Be it Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, hereby appoints an advisory City Negotiating Team to represent and recommend to the Council on salary, wages and monetary fringe benefit matters. Section II. The Council authorizes Kathleen Cekanski- Farrand, to acet as their agent and person pursuant to Indiana Code §5- 14- 1.5 -6.5, and to negotiate on their behalf with the Fraternal Order of Police, Lodge No. 36. Section III. The Common Council appoints the following individuals to serve as members of an advisory City negotiating Team: REGULAR MEETING APRIL 14,1997 Roland Kelly Kathleen Cekanski - Farrand, Spokesperson Cathy Roemer Charlotte Pfeifer Sean Coleman Thomas L. Bodnar Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. James Aranowski, Member David Varner, Member Charlotte Pfeifer, Member Andrew Ujdak, Member Roland Kelly, Member Sean Coleman, Member John Broden, Member John Hosinski, Member Rod Sniadecki, Member ATTEST: Loretta Duda, City Clerk Steve Luecke, Mayor A public hearing was held on the resolution at this time. Council Member Pfeifer chaired this portion of the meeting. Council President Kelly read the resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2454 -97 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM VARIOUS FUNDS TO THE VARIOUS FUNDS WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA It is necessary to provide funds for the General Fund, Park Maintenance Fund, and Cumulative Capital Improvement Fund prior to the receipt of taxes in the year 1997 in order to meet the current operating expenses of the City, provided for in the budget adopted for the year 1997. There are monies on deposit to the credit of various funds of the City, to -wit: The Liability Insurance Premium and Reserve Fund, the Sewage works Depreciation Fund, the Sewage Works Operation and Maintenance Reserve Fund, which can be temporarily advanced or transferred to the various funds already mentioned. Indiana Code 36 -1 -8 -4 authorizes the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such a period of time as may be prescribed in the Resolution. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: Section I. The City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $8,200,000 to various funds from various funds as listed below. The aggregate amount of $8,200,000 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid by December 31, 1997. FROM: MAXIMUM TO: MAXIMUM Liability Insurance $11000,000 General Fund $7,000,000 REGULAR MEETING APRIL 1441997 Premium & Reserve Park Maintenance 1,000,000 Fund Sewage Works 4,100,000 Cumulative Capital 200,000 Depreciation Improvement Fund Sewage Works 3,100,000 Operation and Main - tence Reserve TOTAL 8,200,000 8,200,000 Section II. Such transfer shall be made for a period of time not to extend beyond December 31, 1997, and such funds t o be transferred shall be returned and repaid to the original funds from which they were transferred. Section III. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Kay Pola, City Auditor, made the presentation for the resolution. She indicated this was an annual resolution authorizing short - term and inter -fund borrowing, which may be necessary to maintain positive balances in the three funds listed on the resolution. She indicated that any loans issued would be repaid with interest upon receipt of either the May or November tax distributions. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 255 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /RECYCLING OPERATIONS AND TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 1997. WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk /scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk /and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk /and recycling dealers; WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk/ and recycling operations have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at March 25, 1996, recommended the issuance of below listed applicants in the City of South action of the Common Council. its meeting held on licenses for the Bend by appropriate REGULAR MEETING APRIL 14,1997 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the license applications for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made in March, 1997, and subsequent favorable recommendation by the Board of Public Works: A -1 Auto Parts 2014 S. Lafayette Blvd. Boliden Metech, Inc. 445 N. Sheridan Hurwich Iron Company, Inc. 2016 W. Washington Hurwich Iron Company, Inc. 1610 Circle Ave. Hurwich Iron Company, Inc. 1700 S. Lafayette Blvd. Hurwich Iron Company, Inc. 1602 S. Lafayette Blvd. North Side Iron & Paper Company 3123 S. Gertrude St. South Bend Baling & Iron Company 1420 S. Walnut St. South Bend Iron & Metal Company 429 W. Indiana Ave. South Bend Scrap & Processing Division 3114 S. Gertrude St. South Bend Waste paper Company 1529 S. Franklin St. South Bend Scrap 1305 Prairie Steve & Gene's Auto Truck Salvage 3109 S. Gertrude St. Super Auto Salvage Corporation 3300 S. Main Weaver Truck & Equipment Company 3100 S. Gertrude St. Western Avenue Iron & Metal Company 3123 S. Gertrude St. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Kathleen Dempsey, Director of Code Enforcement, made the presentation for the resolution. She indicated this resolution approves sixteen licenses, the same number we have had for the last few years. She reported that she and Council Member Ujdak had inspected these yards and all are in compliance. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 27 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED BETWEEN ROGERS STREET ON THE NORTH, WASHINGTON STREET ON THE SOUTH, OLIVE STREET ON THE EAST, AND KALEY STREET AND KALEY STREET EXTENDED ON THE WEST, CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Hosinski. The motion carried. J 1 fl REGULAR MEETING APRIL 14,1997 BILL NO. 28 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2117 EAST JEFFERSON IN THE CITY OF SOUTH BEND This bill had first reading. Council Member Broden made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 29 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF LINDSEY STREET FROM THE WEST RIGHT -OF -WAY LINE OF NORTH CUSHING STREET TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH - SOUTH ALLEY WEST OF NORTH CUSHING STREET FOR A DISTANCE OF APPROXIMATELY 128 FEET IN LENGTH AND 14 FEET IN WIDTH. PART LOCATED IN CUSHING & LINDSEY'S SUB, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on May 27, seconded by Council Member Coleman. Council Member Varner withdrew his motion, and made another motion to set this bill for public hearing and third reading on April 28, seconded by Council Member Broden. The motion carried. BILL NO. 30 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8623 -95 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM SALARIES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR CALENDAR YEARS 1996, 1997 AND 1998 This bill had first reading. Council Member Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on April 28, seconded by Council Member Pfeifer. The motion carried. BILL NO. 31 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 195' NORTHEASTERLY OF THE INTERSECTION OF PRAIRIE AVENUE AND LOCUST ROADS ON THE SOUTHERLY SIDE OF PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 32 -97 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING TO AND MAKING CERTAIN REVISIONS TO THE ZONING ORDINANCE This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 33 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO UPDATE THE BOCA CODE This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on April 28, seconded by Council Member Aranowski. The motion carried. REGULAR MEETING APRIL 14,1997 BILL NO. 34 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORI.ZING THE ISSUANCE AND SALE OF COUNTY ECONOMIC DEVELOPMENT INCOME TAX REVENUE BONDS OF THE CITY PAYABLE SOLELY FROM COUNTY ECONOMIC DEVELOPMENT INCOME TAX REVENUES TO BE RECEIVED BY THE CITY IN THE PRINCIPAL AMOUNT NOT TO EXCEED ELEVEN MILLION NINE HUNDRED SIXTY THOUSAND AND 00 /100 DOLLARS ($11,960,000.00) FOR THE PURPOSE OF FINANCING COSTS OF A PROPOSED ECONOMIC DEVELOPMENT PROJECT OF THE CITY, TOGETHER WITH EXPENSES IN CONNECTION WITH THE ISSUANCE OF BONDS This bill had first reading. Council Member proden made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on April 28, seconded by Council Member Aranowski. The motion carried. BILL NO. 35 -97 A BILL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE SALE OF BONDS HERETOFORE AUTHORIZED TO BE ISSUED AND DESIGNATED AS "CITY OF SOUTH BEND, INDIANA, COUNTY ECONOMIC DEVELOPMENT INCOME TAX REVENUE BONDS OF 1997" (TOGETHER WITH INVESTMENT EARNINGS THEREON), FOR THE PURPOSE OF FINANCING COSTS OF ALL OR ANY PORTION OF A PROPOSED ECONOMIC DEVELOPMENT PROJECT OF THE CITY, TOGETHER WITH EXPENSES IN CONNECTION WITH THE ISSUANCE OF THE BONDS This bill had first reading. Council Member Pfeffer made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on April 28, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to refer Bill No. 23 -97 to the Zoning and Annexation Committee and set it for public hearing and third reading on April 28, seconded by Council Member Broden. The motion carried. Council Member Hosinski reported that the appeal of the Historic Preservation Commission's decision regarding 1414 E. Wayne would be heard at the May 27th Council meeting. Regarding Ordinance No. 8769 -97, the Council attorney, Kathleen Cekanski Farrand announced that the Mayor had met with Mr. Ford, attorney for St. Joseph Medical Center, and Mr. Ford agreed to the Mayor's veto. The Council sustained the veto of Ordinance No. 8768 -97. There being unfinished. 9:00 P.M. ATTEST no further business to come before the Council or new, Council Member Kelly adjourned the meeting at ATTEST: President 7