Loading...
HomeMy WebLinkAbout04-15-96 Council Meeting MinutesREGULAR MEETING APRIL 15, 1996 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 15, 1996, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Pfeifer, Kelly, Broden, Varner, Zakrzewski, Coleman Hosinski and Washington 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 25, meeting 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 25, 1996, meeting be accepted and placed on file, seconded by Council Member Washington. The motion carried. SPECIAL BUSINESS Council President Kelly indicated the Council had passed Resolution No. 2024 -93 declaring March Disability Awareness Month, and it was brought to the Council's attention that this declaration was overlooked, this year. He said the Council wishes to acknowledge that March was Disability Awareness Month, and they will try and be more cognizant of this declaration in the future. REPORTS OF CITY OFFICES Brent Hemmerlein, Police Department, reported they had conducted a study on police beats, and we are in the process of restructuring the beats. He said they will go down from twenty to eighteen beats, and maintain manpower at the same level. He said was a disparity in the number of calls received in some beats He reported that the Council would receive a copy of the new beats when the restructuring is finalized. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Washington. 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 7:10 p.m. with nine members present. Chairman Washington presiding. BILL NO. 61 -94 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3418 MISHAWAKA AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Council Member Zakrzewski made a motion to continue this bill indefinitely, seconded by Council Member Coleman. The motion carried. BILL NO. 5 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1512 W. LISTON STREET IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING APRIL 15, 1996 This being the time theretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable, as amended. John Byorni, Area Plan, reported that the petitioner was requesting a change from residential to A -1 residential to allow for a two family dwelling. He indicated the Area Plan Commission gave this zoning a favorable recommendation. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Brian May, attorney, made the presentation for the bill, indicating the petitioner wanted to make this dwelling two family, since it was two large home that could not be rented to one person. Sean Trotter, 1524 Liston, the petitioner, indicated this home had sit empty for seven years and he wanted to rehab it. Council Member Broden made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Hosinski.. The motion carried. BILL NO. 7 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 115 SOUTH EDDY STREET IN THE CITY OF SOUTH BEND, INDIANA. This being the time theretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable, as amended. John Byorni, Area Plan, reported that the petitioners were requesting a change in zoning from JBI Residential to IC11 Commercial, in order to allow for a professional office. He indicated the Area Plan Commission had recommended this bill to the Council favorable. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Steve Anella, architect, made the presentation for the bill. He indicated this building had been used as a doctor's office, and accountants wished to purchase the property, therefore a rezoning is necessary. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 10 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 208 EAST SAMPLE STREET IN THE CITY OF SOUTH BEND, INDIANA This being the time theretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable, as amended. John Byorni, Area Plan, reported that the petitioners were requesting a change in zoning to JEQ Light, to allow for construction of a new facility for Champion Soft Water. He indicated the Area Plan Commission had recommended this bill to the Council favorable. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Kelly. The motion carried. Ann Kolata, Deputy Director of Redevelopment, made the presentation for the bill. She indicated Redevelopment owned this property and were selling it to Mr. & Mrs. Charles Pryor, who own Champion Soft Water Company. She indicated they planned to build a facility for retail, warehousing and manufacturing uses. Charles Pryor indicated he was here to answer any questions the Council might have on this zoning. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 14 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE SOUTHEAST QUARTER OF SECTION 1, REGULAR MEETING APRIL 15, 1996 TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND ALSO BEING A PART OF LOT 8 AS SHOWN ON THE RECORDED PLAT OF SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL IN BOOK 1, PAGE 53 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF NOTRE DAME AVENUE AND THE SOUTH RIGHT OF WAY LINE OF THE FIRST EAST /WEST ALLEY SOUTH OF SOUTH BEND AVENUE; THENCE EAST ALONG SAID SOUTH LINE OF THE EAST /WEST ALLEY TO A POINT 20 FEET WEST OF THE INTERSECTION OF SAID SOUTH LINE OF THE EAST /WEST ALLEY AND THE WEST LINE OF THE FIRST NORTH /SOUTH ALLEY EAST OF NOTRE DAME AVENUE; THENCE NORTH TO THE NORTH LINE OF SAID EAST /WEST ALLEY; THENCE WEST ALONG SAID NORTH LINE OF THE EAST /WEST ALLEY TO THE EAST RIGHT OF WAY LINE OF NOTRE DAME AVENUE; THENCE SOUTH TO THE PLACE OF BEGINNING. THE EAST /WEST ALLEY DESCRIBED WAS CREATED BY THE BOARD OF PUBLIC WORKS CONDEMNATION RESOLUTION NUMBER 13 DATED MAY 6, 1904 Council Member Luecke made a motion to strike this bill, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 2 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE TO REVISE REQUIREMENTS AS TO IDENTIFICATION OF ANIMALS, TO REVISE PROVISIONS FOR ANIMAL CONTROL AND PENALTIES FOR VIOLATIONS Council Member Coleman made a motion to defer public hearing on this bill until the end of the public hearing portion, seconded by Council Member Kelly. The motion carried. BILL NO. 18 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 6, ENTITLED TAX ABATEMENT PROCEDURES OF THE SOUTH BEND MUNICIPAL CODE 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 Community and Economic Development Committee had met on this bill and recommended it to the Council favorable, as amended. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Varner. The motion carried. Council Member Coleman made the presentation for the bill. He indicated this bill greatly enhances residential tax abatement,since the City cannot grow because of a State law that does not allow South Bend or Mishawaka to annex, and the era of voluntary annexations is over and has been for some time. He indicated that a requirement for residential tax abatement is lack of development or cessation of growth, and the City has suffered from both lack of development and growth. Larry Magliozzi, Assistant Director of Planning for Economic Development, indicated that on the proposed list of eighteen tax abatement areas, six are inner -city areas. He indicated with these eighteen designations we still have 1.8 square miles which can be designated. Council Member Coleman indicated that the substitute bill is the work of a special subcommittee established for this purpose. Raymond Brock, 2914 Bent Oak, indicated he was a developer of Oakwood Villas, indicated they were having difficulty selling homes because of the tax rate in the City. Gene Oakly, 2614 York Road, indicated he supported tax abatement for inner -city areas, however, this bill gives tax abatement to homes that cost $400,000. Carol Ecker, 50718 Ironwood, indicated REGULAR MEETING APRIL 15, 1996 that tax abatement for the needy was important, but abatement for the wealthy is ridiculous. Jim.Cierziniak, 1156 E. Victoria, spoke against the abatement. Council Member Coleman indicated the City is vying against Penn and Granger for homes, and if we do not grow our taxes will never go down. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Luecke. The motion carried. BILL NO. 19 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY 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 Broden reported that the Parks and Recreation Committee had met on this bill and recommended it to the Council favorable. Betsy Harriman, administrative director of Parks, made the presentation for the bill. She indicated this bill transfer real estate to South Bend Heritage Foundation for use in its West LaSalle Street revitalization project. She indicated the park playground equipment will be relocated to the Charles Martin Center. Gene Oakly, 2614 York, spoke in favor of this bill. Jeff Gibney, Director of the South Bend Heritage Foundation, indicated they were currently working on the second phase of their revitalization program, and they will be building a home on this property. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. Council Member Luecke reported that he is an employee of South Bend Heritage, but will receive no personal gain from this project, so he will be voting on the bill. The motion carried. BILL NO. 2 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE TO REVISE REQUIREMENTS AS TO IDENTIFICATION OF ANIMALS, TO REVISE PROVISIONS FOR ANIMAL CONTROL AND PENALTIES FOR VIOLATIONS Public hearing on this bill was continued from March 25. Kathy Dempsey, Director of Code Enforcement, indicated this substitute bill has been discussed and refined at several meetings, however, more amendments will be offered this evening. Council Member Coleman suggested the six month waiting period of micro chipping should be deleted from the ordinance. He made a motion to amend Section 5 -30, second paragraph, to remove the last sentence, the paragraph would then read JAll impounded dogs or cats which will become adopted shall be permanently identified with a microchip, at the expense of the new owner .1, seconded by Council Member Luecke. The motion carried on a roll call vote of eight ayes and one abstention (Council Member Hosinski.) Council Member Pfeifer made a motion to amend Section 5 -5, on page 9, by altering the members of the Commission to include a lay person who has no vested interest, but is an animal lover, seconded by Council Member Washington. The motion failed. Council Member Varner made a motion to amend Section 5 -5, to read: IThe members of the Commission shall serve at the pleasure of the appointing authority and each member shall serve until a qualified successor is duly appointed. All appointments shall be made for three year terms, however, the initial appointments shall serve as follows: The member appointed pursuant to Section 5 -4(a) shall serve for one year; the member appointed pursuant to Section 5 -4(b) shall serve for two years; and the member and alternate member appointed pursuant to Section 5 -4 shall serve for three years., seconded by Council Member Luecke. The motion carried. Council Member Luecke made a motion to delete Section 5 -1 (r), sub- section (7) (b). In Section 5 -33 (h) the fine would change for dogs that have been impounded more than once in a twenty -four (24) month period to $50 for each impoundment. Section 5 -4, subparagraph 8 would be renumbered to subparagraph would be renumbered to paragraph 7, seconded by Council Member Pfeifer. The motion failed on a roll call vote of four ayes, four nays REGULAR MEETING APRIL 15, 1996 (Council Members Broden, Coleman, Washington & Kelly) and one abstention. Council Member Broden made a motion to amend Section 5- 1(r)(7) to read jHas been found to be at large and has been seized three or more times by an Animal Control Officer; or, seconded by Council Member Luecke. After a lengthly discussion, Council Member Broden withdrew his amendment. Council attorney, Kathy Cekanski - Farrand, reworded the motion to read jHas been found to be at large and has been documented by an Animal Control Officer at least three separate times or more in a twelve month period. Council Member Broden made a motion to accept the amendment, seconded by Council Member Coleman. The motion carried on a roll call vote of five ayes and three nays (Council Members Luecke, Pfeifer and Washington) and one abstention (Council Member Hosinski.) Carol Ecker, 50871 Ironwood, thanked the Council for their help. She indicated this was a fair ordinance. Council Member Varner made a motion to amend Section 5 -30, by adding a paragraph(c)to read: The Department of Code Enforcement shall be responsible for maintaining records of adopted animals and for enforcing the provisions of this section .1, seconded by Council Member Coleman. The motion carried on a roll call vote of eight ayes and one abstention (Council Member Hosinski.) Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Broden. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. Council Member Coleman made a motion to rise and report to the Council and recess, seconded by Council Member Washington. The motion carried and the meeting was recessed at 9:15 p.m. ATTEST: MEETING RECONVENED ATTEST: Chairman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 9:20 p.m. Council President Kelly presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8664 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1512 W. LISTON STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Luecke made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8665 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 115 SOUTH EDDY STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Luecke made a motion to amend this bill,: as amended in the Committee of the Whole, seconded by Council Member Hosinski. The motion carried. REGULAR MEETING APRIL 15, 1996 Council Member Washington made a motion to pass the bill, as amended, seconded by Council Member Broden. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8666 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 208 EAST SAMPLE STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Zakrzewski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Zakrzewski made a motion to pass the bill, as amended, seconded by Council Member Varner. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8667 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE TO REVISE REQUIREMENTS AS TO IDENTIFICATION OF ANIMALS, TO REVISE PROVISIONS FOR ANIMAL CONTROL AND PENALTIES FOR VIOLATIONS 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 Hosinski. The motion carried. Council Member Luecke made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of eight ayes and one abstention (Council Member Hosinski.) ORDINANCE NO. 8668 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 6, ENTITLED TAX ABATEMENT PROCEDURES OF THE SOUTH BEND MUNICIPAL CODE 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 Varner. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Varner. The motion carried on a roll call vote of eight ayes and one nay (Council Member Zakrzewski.) ORDINANCE NO. 8669 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY This bill had third reading. Council Member Washington made a motion to pass this bill, seconded by Council Member Broden. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2353 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3680 WEST SAMPLE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR THE JOSEPH PODELL COMPANY, 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 3680 West Sample Street, South Bend, Indiana, D REGULAR MEETING APRIL 15, 1996 and which is more particularly described as follows: That part of the Northeast quarter of Section 18, Township 37 North, Range 2 East, City of South Bend, St. Joseph County which is described as: From the Northwest corner of East half of the Northeast quarter of said section measure South 90099'00" West along the North line of said section, 630.00 feet and South 000 02' 31" East 40.00 feet and North 900 00100" East 300.02 feet (300.00 feet record) and South 000 04'00" West 578.33 feet (South 000 04'00" West 578.33 feet South 000 04'00" West 578.33 feet (South 000 01'52" West, 579.125 feet record) and North 89024113 east, 13.64 feet (North 890 59'13" East 13.745 feet record) and South 00000138" East 250.27 feet to the point of beginning of this description; thence South 89055149" West along the North line of Industrial Avenue (now vacated), 159.99 feet; thence South 00003124" West 400.60 feet; thence South 89055'41" East along the Northerly line of the New Jersey, Indiana and Illinois Railroad, 289.00 feet; thence North 00056'24" West 128.96 feet; thence North 00000'38" West 38.00 feet to the point of beginning. and which has Key Number 18 8112 421509 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: 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 REGULAR MEETING APRIL 15, 1996 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 Coleman reported that the Community and Economic Development Commission met on this resolution and recommended it to the Council favorable. Joseph Podell, the petitioner, made the presentation for the resolution. He indicated he was renovating the Torrington Foundry Building, which has been vacant for many years. He indicated the total cost of the renovations will exceed.$150,000. Gene Oakly, 2614 York Road, spoke in favor of this abatement. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 21 -96 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING A NEW PHC PROFESSIONAL /HEALTH CARE DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS This bill had first reading. Council Member Luecke made a motion to Area plan, seconded by Council Member Coleman. The motion carried. BILL NO. 22 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF RUSKIN STREET (BETWEEN ROBERTS & EMERSON STREETS) IN THE CITY OF REGULAR MEETING APRIL 15, 1996 SOUTH BEND, INDIANA, 46615 This bill had first reading. Council Member Coleman made a motion to Area plan, seconded by Council Member Luecke. The motion carried. BILL NO. 23 -96 A BILL OF THE COMMON COUNCIL OF THE SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (COPPERFIELD ANNEXATION) This bill had first reading. Council Member Luecke made a motion to refer this bill to the Zoning and Annexation Committee and set it to for public hearing and third reading on May 13, seconded by Council Member Coleman. The motion carried. BILL NO. 24 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF F. JAY NIMTZ PARKWAY, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19, ALSO BEING THE SOUTHWEST CORNER OF SECTION 20; THENCE NORTH 00014'09" WEST A DISTANCE OF 49.67 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00014'09" WEST A DISTANCE OF 20.33 FEET; THENCE NORTH 89047123" WEST A DISTANCE OF 331.96 FEET; THENCE NORTH 00012'37" EAST A DISTANCE OF 35.00 FEET; THENCE NORTH 89047'23" WEST A DISTANCE OF 1109.08 FEET; THENCE SOUTH 00o09146" WEST A DISTANCE OF 55.33 FEET; THENCE SOUTH 89047'23" EAST A DISTANCE OF 1441.84 FEET TO THE POINT OF BEGINNING. This bill had first reading. Council Member Varner made a motion to refer this bill to the Public works Committee and set it for public hearing and third reading on May 13, seconded by Council Member Coleman. The motion carried. BILL NO. 25 -96 A BILL AMENDING ORDINANCE NO. 6738 -80 TO CORRECT THE LEGAL DESCRIPTION OF THE REAL ESTATE LOCATED AT 830 N. MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA, WHICH WAS THEREBY DESIGNATED AND ESTABLISHED AS A HISTORIC LANDMARK. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Zoning and Annexation Committee and set it to for public hearing and third reading on May 13, seconded by Council Member Coleman. The motion carried. BILL NO. 26 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF SUNNYMEDE AVE., FROM THE EAST RIGHT -OF -WAY LINE OF S. TWYCKENHAM DR., TO THE PROPERTY OF LOT 873, WHITCOMB AND KELLER'S FOURTH ADDITION TO SUNNYMEDE, RUNNING ADJACENT TO GRAND TRUNK WESTERN RAILWAY FOR A DISTANCE OF APPROXIMATELY 164 FEET AND A WIDTH OF 16 FEET. PART SITUATED IN WHITCOMB AND KELLER'S FOURTH ADDITION TO SUNNYMEDE IN THE CITY OF SOUTH BEND. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on May 13, seconded by Council Member Washington. The motion carried. BILL NO. 27 -96 A.BILL TRANSFERRING $104,020 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND REGULAR MEETING APRIL 15, 1996 ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Public works Committee and set it for public hearing and third reading on May 13, seconded by Council Member Coleman. The motion carried. BILL NO. 28 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $16,725.00 FROM HAZ /MAT FUND (FUND #289) FOR THE PURCHASE OF EQUIPMENT. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on May 13, seconded by Council Member Coleman. The motion carried. BILL NO. 29 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $8,000.00 FROM INDIANA RIVER RESCUE FUND (FUND #291) FOR THE PURCHASE OF EQUIPMENT. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on May 13, seconded by Council Member Coleman. The motion carried. BILL NO. 30 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REMOVING THE SOUTH BEND WATER WORKS FROM THE JURISDICTION OF THE INDIANA UTILITY REGULATORY COMMISSION PURSUANT TO I.C. 8- 1.5 -3 -9 -1 This bill had first reading. Council Member Luecke made a motion to refer this bill to the Utilities Committee and set it for public hearing and third reading on May 13, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR Stephine Crayton, 305 S. Lake, a member of the Association for Social Changes in South Bend, spoke regarding legislation that is available in other states which authorizes a 15% share of monies received from asset of drug dealers. She indicated $200,000 is received yearly by the South Bend Police, and if we could get this type of money, as well as other donations, it could be used in neighborhoods to finance programs for our youth. Kenneth Lax, 1720 h, Western, indicated the 15% of drugs seized would enhance opportunities to make changes in neighborhood. Lee Gloster, 2110 S. High, a member of the Association for Social Change, as well as Concerned Citizens, indicated that every Friday they march through neighborhoods that are most effected by the drug trade. She spoke about the benefits that could be derived from the drug forfeiture money. Pete Meyers, 744 Portage, indicated he was chairman of the St. Joseph Valley Greens, and a member of the Association for Social Change, spoke about the benefits of receiving the forfeiture money. There being no further business to come before the Council unfinished or new, Council President Kelly adjourned the meeting at 10:00 p.m. ATTEST: Ci Cler ATTEST: � ;_,o_u ies &�+ ident D LJ