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HomeMy WebLinkAbout10-13-97 Council Meeting MinutesREGULAR MEETING OCTOBER 13,1997 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, October 13, 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, and Sniadecki Absent: Council Member Hosinski 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 September 22, and 29, 1997, 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 September 22 and 29, 1997, meeting be accepted and placed on file, seconded by Council Member Sniadecki. The motion carried. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Sniadecki. 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 7:02 p.m. with eight members present. Chairman Coleman presiding. BILL NO. 93 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF DEMAUDE AVENUE FROM THE EAST RIGHT -OF -WAY OF PORTAGE AVENUE TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF PORTAGE AVENUE FOR A DISTANCE OF APPROXIMATELY 132 FEET IN LENGTH AND WIDTH OF 14 FEET. PART LOCATED IN SHETTERLEY PLACE 3RD PLAT, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This being the time heretofore set for public hearing, proponents and opponents were given an opportunity to be heard. Council Member Aranowski made a motion to strike the period in the last sentence of Section 5 and make it a comma, and add "subject to the easement conditions recommended by the Board of Public Works at its October 13, meeting. ", seconded by Council Member Varner. The motion carried. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable, as amended. Tod Zeiger, executive director for the Near Northwest Neighborhood, Association, made the presentation for the bill. He reported that this alley has presented many problems over the years, therefore, the Association was in favor of closing the alley. He asked that the Council pass this bill. Council Member Aranowski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Pfeifer. The motion carried. BILL NO. 70 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 22530 BRICK ROAD IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing, proponents REGULAR MEETING OCTOBER 13. 1997 and opponents were given an opportunity to be heard. Council Member Broden reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Jim Voll, Area Plan, reported that the petitioner is requesting a zone change from "A" residential to "D" light industrial, which is an extension of the existing industrial zoning along an established boundary line. He indicated that the Area Plan Commission recommended this to the Council favorable. Robert Henry, chairman of the Robert Henry Corporation, indicated that the truck terminal, at this location, was built in 1989 and it is in need of additional land for the parking of trailers. John Noppenberg, 11720 Anderson Road, terminal manager, spoke in favor of this bill. He indicated they are an expanding company and have grown in employment from 54 to 263. Council Member Broden made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried. BILL NO. 83 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT (1218, 1220, 1224, 1228, 1230, 1232, 1234 W. COLFAX AND 119, 121, 122, 124, 125 N. SPRUCE.), IN THE CITY OF SOUTH BEND This being the time heretofore set for public hearing, proponents and opponents were given an opportunity to be heard. Council Member Aranowski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Broden. The motion carried. Council Member Broden reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable, as amended. Jim Voll, Area Plan, reported that the petitioners were requesting a zone change from "A" residential to "B" residential to allow for duplexes. He described the surrounding properties, and reported that the Area Plan Commission recommends this zoning to the Council favorable. Dan Harshman, Logan, Inc., made the presentation for the bill. He reported that Logan and South Bend Heritage are working together to develop housing for low income adults who are developmentally disabled. He reported they are proposing to built duplexes that will served 30 to 33 adults. Dea Andrews, South Bend Heritage, indicated it was a pleasure to work with Logan on this project. She reported that this zoning is committed to a site plan simply because we have three bedroom duplexes along with two bedroom duplexes. She read a letter from the WWCRP agreeing with this zoning. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Pfeifer. The motion carried. BILL NO. 85 -97 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 216 WEST WASHINGTON STREET, IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing, proponents and opponents were given an opportunity to be heard. Council Member Broden reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Oxian, president of the Historic Preservation Commission, made the presentation for the bill. He reported that this was an outstanding building rated S13; it was built in 1929, and is now called the Tower Federal Building. Council Member Varner made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 86 -97 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 514 LA SALLE STREET, IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing, proponents and opponents were given an opportunity to be heard. Council Member Broden made a motion to amend this bill in the title to REGULAR MEETING OCTOBER 13. 1997 read 515 W. LaSalle Ave., seconded by Council Member Aranowski. Council Member Borden made a motion to change his previous motion to reflect the proper address anywhere it appears in the bill, seconded by Council Member Varner. The motion carried. Council Member Broden reported that the Zoning and Annexation Committee, had met on this bill and recommended it to the Council favorable, as amended. John Oxian, president of the Historic Preservation Commission, made the presentation for the bill. He reported this home is in an area that has several historic homes; it is an excellent example of a Queen Anne architecture, and is in excellent condition. Council Member Broden made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Varner. The motion carried. BILL NO. 94 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CERTAIN MONETARY FRINGE BENEFITS FOR FIREFIGHTERS OF THE CITY OF SOUTH BEND DURING THE CALENDAR YEARS OF 1998, 1999 AND 2000 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 Pfeifer reported that the Personnel and Finance Committee and the Public Safety Committee had met on this bill and recommended it to the Council favorable. Luther Taylor, fire chief, made the presentation for the bill. He indicated the department was in the process of establishing a safety officer program. He reported they will have a firefighter on every shift,and they are asking for $3,000 in order that their be in line with other firefighters. Leon Stein, vice president of firefighters local #362, indicated he was in favor of this as long as there is an on -going training on the duties of a firefighter. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. Council Member Varner made a motion to rise and report to the Council, seconded by Council Member Broden. The motion carried. 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 7:32 p.m. Council President Kelly presiding, and eight members present. ATTEST: ATTEST: it C r� Chairman BILLS, THIRD READING ORDINANCE NO. 8829 -97 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST - WEST ALLEY NORTH OF DEMAUDE AVENUE FROM THE EAST RIGHT -OF -WAY OF PORTAGE AVENUE TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF PORTAGE AVENUE FOR A DISTANCE OF APPROXIMATELY 132 FEET IN LENGTH AND WIDTH OF 14 FEET. PART LOCATED IN SHETTERLEY PLACE 3RD PLAT, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Aranowski. The motion carried. Council Member Coleman made a motion to pass this bill, seconded REGULAR MEETING OCTOBER 13, 1997 by Council Member Sniadecki. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8830 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 22530 BRICK ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had third.reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8831 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT (1218, 1220, 1224, 1228, 1230, 1232, 1234 W. COLFAX AND 119, 121, 122, 124, 125 N. SPRUCE.), IN THE CITY OF SOUTH BEND This bill had third reading. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Aranowski. The motion carried. Council Member Coleman made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8832 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 216 WEST WASHINGTON STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8833 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 514 LA SALLE STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. motion to amend this bill, as Whole, seconded by Council Mei Council Member Coleman made a by Council Member Sniadecki. of eight ayes. Council Member amended in the uber Aranowski. motion to pass The bill passe, Pfeifer made a Committee of the The motion carried. this bill, seconded 3 by a roll call vote ORDINANCE NO. 8834 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CERTAIN MONETARY FRINGE BENEFITS FOR FIREFIGHTERS OF THE CITY OF SOUTH BEND DURING THE CALENDAR YEARS OF 1998, 1999 AND 2000 This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2513 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3525 S. MICHIGAN STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the REGULAR MEETING OCTOBER 13, 1997 Common Council to give notice pursuant to Indiana Code Section 5- 14-1.5-5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at: 3525 S. Michigan South Bend IN 46614 in order to permit off site parking in a "B" Residential zoned area. Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. Section V. 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 Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Cathy Brucker, Building Department, reported that the building and parking lot are all existing on the property, therefore, the parking lot being used as such will not affect the REGULAR MEETING OCTOBER 13, 1997 surrounding properties. Roosevelt Cobb, Jr., Woodridge IL, the petitioner, indicated the Building Department had covered everything regarding this project. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION N0. 2514 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1118 AND 1122 BISSELL STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR NEIGHBORHOOD HOUSING SERVICES WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as 1118 and 1122 Bissell, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key No. 1118 Bissell St. Lot 109, Park P1 2nd add. 18 5084 1982 1122 Bissell St. Lot 108, Park P1 2nd Add. 18 5084 2983 as Residentially Distressed Areas; 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 a residentially distressed areas 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 determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; are: B. A significant number of dwelling units in the areas I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E.. That the description of the proposed redevelopment meets the applicable standards for such development. L_ J 1 1 REGULAR MEETING OCTOBER 13, 1997 F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and H. 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 also hereby determines and finds the following: A. The deduction will rehabilitated to meet local B. The deduction will rehabilitation is completed the date of the adoption of Common Council. not be allowed unless the dwelling is code standards for habitability. not be allowed unless the dwelling within five (5) calendar years from the Declaratory Resolution by the SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real 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 sea. SECTION VI. 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. Jack Bennett, rehab specialist for Neighborhood Housing Services, made the presentation for the resolution. He reported these homes will add additional three bedroom single family homes to the area. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Varner The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2515 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 804 AND 808 WEST LASALLE AVENUE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION FOR THE BENEFIT OF: ZELLIA AND JOHNNY CROOK AND LUPING AND ERIC MCGINNES WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as 804 and 808 West LaSalle , South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 804 W. LaSalle Ave. 24'E Side Lot 10,16' W. 18 1026 1124 REGULAR MEETING OCTOBER 13, 1997 Side Lot 11 Keefer's Sub, BOL 29 30 808 W. LaSalle 16' E. Side Lot 9, 24' 18 1026 1123 W Side Lot 10 Keefer's Sub. Bol 29 30 as Residentially Distressed Areas; 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 a residentially distressed areas 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 determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and H. 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 also hereby determines and finds the following: A. The deduction will rehabilitated to meet local B. The deduction will rehabilitation is completed the date of the adoption of Common Council. not be allowed unless the dwelling is code standards for habitability. not be allowed unless the dwelling within five (5) calendar years from the Declaratory Resolution by the SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of 1 1 1 REGULAR MEETING OCTOBER 13, 1997 the Qeclaxatory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real 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 sea. SECTION VI. 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. Dea Andrews, South Bend Heritage, made the presentation for the resolution. She indicated these homes were these houses have already been built under a previous ordinance that was later rescinded. She reported the homes have been sold and the home owners were told they would receive abatement, therefore, South Bend Heritage is asking for an exception on this abatement. Council Member Coleman made a motion a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2516 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE INTERIM INTERLOCAL AGREEMENT WITH ST. JOSEPH COUNTY FOR EMERGENCY MEDICAL SERVICES WHEREAS, the City of South Bend, Indiana, has a long and successful history of providing emergency medical services to its residents; and WHEREAS, St. Joseph County, Indiana, wishes to provide the very best emergency medical services to its residents and feels that this can be provided by the City of South Bend; and WHEREAS, I.C. 36 -1 -7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise jointly or by one entity on behalf of the other powers that may be exercised by such units severally; and WHEREAS, the Executives of both the City of South Bend and St. Joseph County have approved the Interim Interlocal Agreement Concerning EMS Services attached hereto. NOW, THEREFORE AND PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF SOUTH BEND, INDIANA, UNDER I.C. 36 -1 -7, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: Section I. That the Common Council of the City of South Bend, Indiana has considered and hereby approves and ratifies the Interim Interlocal Agreement Concerning EMS Services attached hereto. 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. Luther Taylor, Fire Chief, made the presentation for the resolution. He reported that this inter -local agreement was between the City of South Bend's fire department and St. Joseph County, to provide ambulance service throughout the County. He advised this EGULAR MEETING OCTOBER 13. 1997 agreement covers a period of July 1, 1997 to December 31, 1997, and addressed issues that were necessary to start operating three ambulances. He indicated firefighters will be hired to staff the ambulances. Leon Stein, vice president of local 362, spoke in favor of this resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 95 -97 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 1002 SOUTH TWYCKENHAM DRIVE /1506 RUSKIN STREET, 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 Broden. The motion carried. BILL NO. 96 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS TUTT STREET FROM THE WEST RIGHT -OF -WAY OF SOUTH MICHIGAN STREET TO THE EAST RIGHT -OF- WAY OF THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH MICHIGAN STREET FOR A DISTANCE OF APPROXIMATELY 103 FEET AND A WIDTH OF 50 FEET. PART LOCATED IN GARST'S 1ST ADDITION TO THE 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 October 27, seconded by Council Member Coleman. The motion carried. BILL NO. 97 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $99,914 FROM THE PROJECT RELEAF FUND This bill had first reading.` 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 October 27, seconded by Council Member Varner. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill No 79 -97 for public hearing and third reading on October 27, seconded by Council Member Broden. The motion carried. PRIVILEGE OF THE FLOOR Leon Stein, vice president of the Firefighters Local 362, spoke regarding the County ambulance service. He indicated he and Chief Luther were working on changes that need to be made when we start handling this additional service. He advised they would outline the changes in a letter to the Council. Jim Cierzinak, 1156 E. Victoria, spoke regarding the lack of revenue for the Hall of Fame. He gave a report on second year; revenue is down 33 %. There being no further business to come before the Council unfinished or new, Council Member Kelly adjourned the meeting at 7:55 p.m. ATTEST: President