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HomeMy WebLinkAbout08-26-96 Council Meeting MinutesREGULAR MEETING AUGUST 26, 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, August 26, 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 August 12, 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 August 22, 1996, meeting be accepted and placed on file, seconded by Council Member Washington. The motion carried. SPECIAL BUSINESS RESOLUTION 2394 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE SELF HELP FOR HARD OF HEARING PEOPLE (SHHH) ON THEIR TENTH ANNIVERSARY OF PROVIDING VALUABLE SERVICES TO OUR COMMUNITY Whereas, the local chapter of SHHH will celebrate its 10th anniversary this month; and Whereas, this organization is made up of dedicated individuals who meet on a regular basis to educate each other and our community on the needs of individuals with hearing impairments; and Whereas, the members of SHHH have created a greater awareness of the requirements of the Americans With Disabilities Act (ADA) through educational forums, newsletters, and stress the need to pursue reasonable accommodations which include but are not limited to the use of teletypewriters (TTY) PC -TTY; amplification devices such as loop assisted listening devices; closed caption decoders and captioning for training tapes; sign language interpreters and visual or vibrating singling devices; and Whereas, SHHH has provided invaluable information and countless hours of educating the public, private business, elected and appointed public officials by heightening the awareness levels so that the needs of the hearing impaired can be positively addressed. 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 residents of the City of South Bend, Indiana, the South Bend Common Council publicly commends all of the founding members and current members of the Self -help for Hard of Hearing People (SHHH) upon their tenth anniversary of providing volunteer services and educational opportunities on the needs of the hearing impaired individuals and who have dedicated themselves to positively addressing their REGULAR MEETING needs and goals. AUGUST 25, 1996 Section II. The South Bend Common Council commends in particular the founding persons of the local chapter of SHHH who have provided a heightened awareness of the needs of hearing impaired individuals and who have dedicated themselves to positively addressing their needs and goals. Section III. The South Bend Common Council believes that organizations like SHHH, like many other volunteer organizations, provide the backbone of many needed services throughout our community which enrich all of our lives. Section IV. The South Bend Common Council thanks all of the past and current members of SHHH and urges them to continue their dedicated efforts throughout our community. 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. Stephen Luecke, 1st District David Varner, 5th District Charlotte Pfeifer, 2nd District Thomas Zakrzewski, 6th District Roland Kelly, 3rd District Sean Coleman, At Large John Broden, 4th District John Hosinski, At Large Cleo Washington, At Large Loretta Duda, City Clerk Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Kelly made the presentation for the resolution. He read the resolution, and presented a copy to SHHH. Jerry Vogel, a member of SHHH, thanked the Council for the resolution. He indicated the Chambers was not equipped with listening devices for the hard of hearing, in accordance with ADA. He noted that the cost would be approximately $750. 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. RESOLUTION NO. 2395 -96 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING MICHAEL P. BARNES FOR HIS SERVICE AS PRESIDENT OF THE NATIONAL DISTRICT ATTORNEYS ASSOCIATION WHEREAS, the Mayor and Common Council acknowledge that Michael P. Barnes served as the President of the National District Attorneys Association from July, 1995, through July, 1996; and WHEREAS, Michael P. Barnes has served as the St. Joseph County Prosecuting Attorney continuously since January 1, 1979, and pursuant to Indiana State Law, has been the Chief Law Enforcement Officer for St. Joseph County during the period of time; and REGULAR MEETING WHEREAS, during his tenure Attorney, he has initiated and programs, including the Night ] Assistance Program, Pretrial D: Child Advocacy Center, and the WHEREAS, during his tenur District Attorneys Association Congress for important federal community and all others acros Omnibus Crime Bill and Habeas for more effective law enforce across the nation; and WHEREAS, Michael P. Barne leadership, through his positi through his position as St. Jo and as President of the Nation which has resulted in the St. being a leader and model for 1 with the mission of the City o the year 2000. NOW, THEREFORE, BE IT 0 COUNCIL OF THE CITY OF SOUTH SECTION I. The Mayor and South Bend, Indiana, hereby pul for his many years of dedicate Joseph County as Prosecuting A, service as the President of thi Association. AUGUST 26, 1996 as St. Joseph County Prosecuting implemented many innovative Irosecutor, Victim /Witness .version, Domestic Violence Unit, Special Operations Unit; and as President of the National he was instrumental in lobbying legislation that has impacted this the country by the passage of the orpus Reform, which has provided ent in St. Joseph County and has brought dedication and n dedication and leadership, eph County Prosecuting Attorney 1 district Attorneys Association, oseph County Prosecutor's Office w enforcement, and its consistent South Bend to be a model city by D BY THE MAYOR AND COMMON INDIANA, AS FOLLOWS: Common Council of the City of licly commends Michael P. Barnes service to the citizens of St. torney, and for the past year's National District Attorneys SECTION II. The Mayor and Common Council sincerely thank Michael P. Barnes for his many contributions and the giving of his time, expertise, and dedication, which have provided citizens with professional and effective law enforcement throughout our City and St. Joseph County. SECTION III. This Resolu ion shall be in full force and effect from and after its adop ion by the Common Council and approval by the Mayor. Stephen Luecke, 1st District Charlotte Pfeifer, 2nd District. Roland Kelly, 3rd District John Broden, 4th District Loretta Duda, City Clerk A public hearing was held on Richard Nussbaum, city attorne resolution. He indicated this Barnes for serving as presiden Attorneys Association. He not many people in this community. presented it to Mike Barnes. Barnes has been a public serva years and has worked closely w He indicated it was an honor t David Varner, 5th District Thomas Zakrzewski, 6th District Sean Coleman, At Large John Hosinski, At Large Cleo Washington, At Large Joseph E. Kernan, Mayor he resolution at this time. 1, made the presentation for the was a resolution honoring Michael of the National District d that Mike has been a mentor to He read the resolution and fayor Kernan indicated that Mike t in this community for seventeen th the City's Police Department. be selected by his peers to serve 1 REGULAR MEETING AUGUST 26., 1996 as president of the National District Attorney's Association. Ken Fedder, attorney, indicated he met Mike back in 1970, and he also had an occasion to work in the prosecutor's office in 1977 with Bill Voor. Council Member Zakrzewski made a motion to adopt the resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2397 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CLAY TOWNSHIP (ADLER ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Clay Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately .99 acres of land, in St. Joseph County, contiguous with the City of South Bend and generally located at the southwest corner of State Road #23 and Maple Lane Avenue. The development of the territory proposed to be annexed will require a basic level of municipal public services, which services shall include services of a non - capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: REGULAR MEETING Section I. That it is in South Bend and of the area prol property located in Clay Towns] described in Exhibit "A" attacl be annexed to the City of Soutl Section II. That it shal established that it is the pol furnish to said territory sery as street and road maintenance within one (1) year of the eff manner equivalent in standard by the City to other areas of of typography, patterns of lan density similar to said territ territory services of a capita street construction, street li facilities, and storm water fa, effective date of the annexati, services are provided to areas the City of South Bend that ha- patterns of land use and popul the territory to be annexed an Federal, State and local laws, AUGUST 26, 1996 the best interest of the City of posed to be annexed that the real Lip, St. Joseph County, Indiana, Led hereto and made a part hereof, L Bend. be and hereby is now declared and .cy of the City of South Bend to .ces of a non - capital nature, such police and fire protection, !ctive date of the annexation, in a .nd scope to the services furnished he City which have characteristics utilization and population ,ry; and to furnish to said improvement nature, such as hting, water facilities, sewer ilities, within three (3) of the n, in the same manner as those within the corporate boundaries of e characteristics of topography, tion density similar to that of in a manner consistent with procedures, and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territ ry to be annexed. Section IV. This resolution shall be in full force and effect upon its adoption by th Common Council and approval by the Mayor. A public hearing was held on t Council Member Zakrzewski repo Committee had met on this bill favorable. Larry Magliozzi, a the presentation for the resol land was approximately one acr Avenue and State Road 23. He residence on one, and these to adjacent facility. Council Me this resolution, seconded by C resolution was adopted by a ro Council Member Coleman made a Committee of the Whole, secon The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Comm Bend met in the Committee of t members present. Chairman Was BILL NO. 65 -96 A BILL OF THE BEND, INDIANA, CITY OF SOUTH TOWNSHIP CONTI This being the time heretofore above bill, proponents and oppc be heard. Council Member Zaki and Vacation Committee had met the Council favorable. Bernarc presentation for the bill. He , Common Council e resolution at this time. ted that the Zoning and Vacation and recommended it to the Council sistant director of Planning, made tion. He indicated this parcel of at the corner of Maple Lane eported there were two lots with a s will be used as parking for an ber Coleman made a motion to adopt uncil Member Zakrzewski. The 1 call vote of nine ayes. ion to resolve into the by Council Member Washington. n Council of the City of South e Whole at 7:26 p.m. with nine ington presiding. MMON COUNCIL OF THE CITY OF SOUTH NNEXING TO AND BRINGING WITHIN THE ND, INDIANA, CERTAIN LAND IN CLAY OUS THEREWITH; PATRICIA J. ADLER set for public hearing on the nents were given an opportunity to zewski reported that the Zoning on this bill and recommended it to Feeney, surveyor, made the indicated this annexation was for 1 1 1 REGULAR MEETING AUGUST 26`, 1996 property located at State Road 23 Maple Lane Avenue. He indicated the reason for the annexation is to bring this piece of property into the City in order to provide additional parking to an adjoining facility. He indicated this annexation was voluntary, and the Board of Zoning appeals has indicated this portion of the property will need to be properly screened. Council Member Zakrzewski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman.' The motion carried. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 61 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS DESCRIBED AS PRIORY LANE; FROM THE NORTH RIGHT -OF -WAY LINE OF TOPSWOOD LANE TO DEAD END FOR A DISTANCE OF APPROXIMATELY 155 FEET IN LENGTH AND A WIDTH OF 50 FEET. PART SITUATED IN TOPSFIELD II, PART I IN THE CITY OF SOUTH BEND, INDIANA Council Member Zakrzewski made a motion to continue this bill indefinitely, at the request of the petitioner, seconded by Council Member Broden. The motion carried. BILL NO. 65 -96 A BILL AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $790,000 AGGREGATE PRINCIPAL AMOUNT OF ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1996 (CRYSTAL MOUNTAIN, INC PROJECT) OF THE CITY OF SOUTH BEND, INDIANA, THE PROCEEDS OF WHICH SHALL BE LOANED TO RICK E. NEWMAN TO FINANCE THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQUIPPING OF AN ECONOMIC DEVELOPMENT FACILITY LOCATED AT 4044 WILLIAM RICHARDSON COURT WITHIN THE CITY OF SOUTH BEND, INDIANA, FOR LEASE TO CRYSTAL MOUNTAIN, INC.; PROVIDING FOR THE PLEDGE AND ASSIGNMENT OF REVENUES FOR THE PAYMENT OF SAID BONDS; AUTHORIZING A BOND PURCHASE AND LOAN AGREEMENT WITH RESPECT TO THE BONDS AND LEASE AGREEMENT WITH RESPECT TO THE PROJECT; AUTHORIZING AGREEMENTS TO SECURE FURTHER THE PAYMENT OF SAID BONDS; AND AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS 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. Kenneth Fedder, attorney, representing the Economic Development Commission, made the presentation for the bill. He indicated the bonds would be used to construct a 12,000 square foot expansion of their present facility, as well as purchase new equipment. He reported they have twenty -nine employees and anticipate hiring addition people. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 67 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 8269 -92 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONCERNING THE AMBULANCE /MEDICAL USER FEE AND DEDICATED FUND 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 Luecke reported that the Personnel & Finance Committee had met on this bill and recommended it to the Council favorable. Dale Wedel, battalion chief, made the presentation for the bill. He indicated this bill would increase REGULAR MEETING quarterly moneys from the EMS apital Council Member Luecke made a m tion to Council favorable, seconded by Council motion carried. AUGUST 26,-, 1996 Fund to General Fund. recommend this bill to the Member Coleman. The BILL NO. 68 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $500,000 FROM THE CITY OF SOUTH BIND GENERAL FUND TO THE COLLEGE FOOTBALL HALL 0 FAME OPERATING FUND This being the time heretofore above bill, proponents and opp be heard. Council Member Luec Finance Committee had met on t Council favorable. Mayor Kern bill. He indicated that since had 115,000 visitors; is a gre been recipient of good reviews course of the last year it has pay its expenses. He indicate we have put together a plan to He indicated they proposed to will be necessary in order to revenue, and it is our goal to $1,000,000 in revenue every ye for an appropriation to infuse venture, by making a loan to t the facility is financially ab Football Foundation has commit and the Friends of the Hall of Joyce Boaler, 1606 Hillsdale, loan of another million to the Victoria, indicated that in Ma there was a 4.5 million bond g Foundation and 2.5 million fro: to date only 1.75 million has bond guarantees from the NFF. the Hall will get by with $500 motion to recommend this bill by Council Member Coleman. Th, BILL NO. 69 -96 A BILL APPROPR U.D.A.G. FUND ECONOMIC DEVEL PREDEVELOPMENT This being the time heretofore above bill proponents and oppo be heard. Council Member Cole: Economic Development Commissio recommended it to the Council Community and Economic Develop: bill. He indicated $38,000 in appropriated for predevelopmen projects within the South Bend Member Coleman made a motion t Council favorable, seconded by motion carried. BILL NO. 70 -96 A BILL OF THE BEND, INDIANA, This being the time heretofore above bill, proponents and opp be heard. Council Member Luec substitute bill on file with t Member Zakrzewski. The motion reported that the Parks and Re bill and recommended it to the Director of the Housing Author set for public hearing on the nents were given an opportunity to e reported that the Personnel and is bill and recommended it to the n made the presentation for the the Hall of Fame opened we have t asset to the downtown; and has and praise. He noted that in the not generated enough revenue to that after a year of experience make our expectations a reality. .ake an investment in a staff that ddress the issues that deal with raise another additional r. He indicated they were asking a million dollars into this e Hall, which will be repaid when e. He indicated the National ed $1.0 million over two years, Fame are committing to $500,000. ndicated that the objected to the Hall. Jim Cierzni.ak, 1156 E. ch of 1994 the citizens were told arantee from the National Football the Friends of the Hall, however, een pledged and there are no more He indicated that the Friends of 000. Council Member Kelly made a o the Council favorable, seconded motion carried. ING $38,000.00 WITHIN THE THE DEPARTMENT OF COMMUNITY AND ENT FOR THE PURPOSE OF PROJECT STS set for public hearing on the ents were given an opportunity to an reported that the Community and had met on this bill and avorable. Jon Hunt, director of ent, made the presentation for the UDAG Reimbursement Funds will be costs associated with potential Central Development Area. Council recommend this bill to the Council Member Hosinski. The COUNCIL OF THE CITY OF SOUTH ING THE SALE OF PARK PROPERTY set for public hearing on the nents were given an opportunity to • made a motion to accept the • City Clerk, seconded by Council carried. Council Member Broden reation Committee had met on this Council favorable. Frank Alford, ty, made the presentation for the U 1 11 REGULAR MEETING AUGUST 26, 1996 bill. He indicated this transfer of park property will be an improvement and will definitely enhance the community. He indicated they planned to put three buildings on the site, and it will be called the Alonzo Watson Campus of Learners project. Barbara Sanders - Brownell spoke in favor of this bill. Phil St. Clair, superintendent of Parks, spoke in favor of this bill. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 71 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING ORDINANCE NUMBER 8682 -96 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 Utilities Committee had met on this bill and recommended it to the Council favorable. Ann Bernell, assistant city attorney, made the presentation for the bill. She indicated there are two ways to opt out of the Indiana Utilities Regulatory Commission; the first is by ordinance and the second is to place the issue on the ballot. She indicated this bill would repeal the ordinance passed by the Council to opt out of the IURC's control, in order that this question can be put on the ballot. She indicated this has already been certified by the City Clerk to the County Election Board. Joyce Boaler, 1606 Hillsdale, spoke in favor of this bill, and she will continue to encourage everyone to vote no on this issue. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 72 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $39,133.00 FROM THE E.M.S. CAPITAL IMPROVEMENT FUND, AND APPROPRIATING $56,667 FROM THE LIABILITY SELF INSURANCE FUND 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 Luecke reported that the Personnel & Finance Committee had met on this bill and recommended it to the Council favorable. Dale Wedel, battalion chief, made the presentation for the bill. He indicated this appropriation would be used for acquisition of communication headsets for use in front line fire apparatus and by the tactical rescue team. Mark Catanzerite, 1436 E. LaSalle, spoke in favor of this bill. Isabelle Gonzalez, safety director; spoke in favor of this bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 51 -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 REPEALING ORDINANCE NO. 8668 -96 Council Member Luecke made a motion to continue public hearing on this bill until September 9, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: C i C Je k REGULAR MEETING RECONVENED ATTEST: Chairman REGULAR MEETING Be it remembered that the Comma Bend reconvened in the Council the County -City Building at 8:4 presiding, and nine members pre BILLS, THIRD READING ORDINANCE NO. 8708 -96 AN OR THE C ANNEX OF SO CLAY PATRI This bill had third reading. C motion to amend this bill, as a Whole, seconded by Council Memb carried. Council Member Colema as amended, seconded by Council passed by a roll call vote of n AUGUST 26, 1996 Council of the City of South hambers on the fourth floor of p.m. Council President Kelly ent. NCE OF THE COMMON COUNCIL OF OF SOUTH BEND, INDIANA, TO AND BRINGING WITHIN THE CITY BEND, INDIANA, CERTAIN LAND IN SHIP CONTIGUOUS THEREWITH; J. ADLER Duncil Member Coleman made a vended in the Committee of the ar Zakrzewski. The motion a made a motion to pass the bill, Member Zakrzewski. The bill was ine ayes. ORDINANCE NO. 8709 -96 AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $790,000 AGGREGATE PRINCIPAL AMOUNT OF ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1996 (CRYSTAL MOUNTAIN, INC PROJECT) OF THE CITY OF SOUTH 3END, INDIANA, THE PROCEEDS OF WHICH 3HALL BE LOANED TO RICK E. NEWMAN TO FIN CE THE ACQUISITION, CONSTR CTION, INSTALLATION AND EQUIPPING OF AN 3CONOMIC DEVELOPMENT FACILITY LOCATED AT 4044 WILLIAM RICHARDSON COURT WITHIN THE CITY OF SOUTH BEND, INDIANA, FOR LEASE TO CRYSTAL MOUNTAIN, INC.; PROVIDING FOR THE PLEDGE AND ASSIGNMENT OF REVENUES FOR THE PAYMENT OF SAID BONDS; AUTHORIZING A BOND PURCHASE AND LOAN AGREEMENT WITH RESPECT TO THE BONDS AND LEASE AGREEMENT WITH RESPECT TO THE PROJECT; AUTHORIZING AGREEMENTS TO SECURE FURTHER THE PAYMENT OF SAID BONDS; AND AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS This bill had third reading. motion to pass this bill, sec The bill was passed by a roll ORDINANCE NO. 8710 -96 A BI OF S ORDI INDI. USER This bill had third reading. C motion to pass this bill, secon bill was passed by a roll call ORDINANCE NO. 8711 -96 AN ORD THE CI SOUTH it Member Washington made a by Council Member Coleman. vote of nine ayes. OF THE COMMON COUNCIL OF THE CITY H BEND, INDIANA AMENDING CE NO. 8269 -92 OF THE COMMON OF THE CITY OF SOUTH BEND, CONCERNING THE AMBULANCE /MEDICAL E AND DEDICATED FUND cil Member Coleman made a by Council Member Varner. The e of nine ayes. NCE OF THE COMMON COUNCIL OF OF SOUTH BEND, INDIANA, TING $500,000 FROM THE CITY OF D GENERAL FUND TO THE COLLEGE HALL OF FAME OPERATING FUND This bill had third reading. Council Member Washington made a motion to pass this bill, seconded by Council Member Coleman. The bill was passed by a roll call vote of eight ayes and one (Council Member Varner.) nay 1 I 1 REGULAR MEETING AUGUST 26, 1996 ORDINANCE NO. 8712 -96 AN ORDINANCE APPROPRIATING $38,000.00 WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROJECT PREDEVELOPMENT COSTS This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill was passed by a roll call vote of nine ayes. ORDINANCE NO. 8713 -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 amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Washington made a motion to pass the bill, as amended, seconded by Council Member Coleman. The bill was passed by a roll call vote of nine ayes. ORDINANCE NO. 8714 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING ORDINANCE NUMBER 8682 -96 This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill was passed by a roll call vote of nine ayes. ORDINANCE NO. 8715 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $39,133.00 FROM THE E.M.S. CAPITAL IMPROVEMENT FUND, AND APPROPRIATING $56,667 FROM THE LIABILITY SELF INSURANCE FUND This bill had third reading. Council Member Washington made a motion to pass this bill, seconded by Council Member Coleman. The bill was passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2397 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3722 FOUNDATION COURT, SOUTH BEND, INDIANA 46628, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR ALEDO COMPANY, L.L.C. (OWNER) O -T -D CORPORATION (LESSEE) 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 3722 Foundation Drive, South Bend IN, and which is particularly described as follows: 5.72 acres, irregular tract South side Foundation Court beginning 318.73 feet East and 528.34 feet North of Southwest quarter being lot 6 -5; Airport Industrial Park, Phase 3, Section 28 -38E. with said real estate having the following Key No. 25- 1010 - 040018 an Economic Revitalization Area; and REGULAR MEETING WHEREAS, notice of the adoptior, the public hearing before the C to Indiana Code 6 -1.1- 12.1 -2.5; WHEREAS, the Council held a puk hearing all remonstrances and c and WHEREAS, the Council has detern an economic revitalization area NOW, THEREFORE, BE IT RESOLVED of South Bend, Indiana, as fol SECTION I. The Common Council Resolution designating the are Revitalization Area for the pu designation is for Real proper limited to two (2) calendar ye the Declaratory Resolution by SECTION II. The Common Council property owner is qualified for deduction for a period of six ( that the petition complies with Municipal Code of the City of S 12.1 et sea. SECTION III. This Resolution s from and after its adoption by the Mayor. AUGUST 26, 1996 of a Declaratory Resolution and )uncil has been published pursuant and is hearing for the purposes of jections from interested persons; ned that the qualifications for have been met. the Common Council of the City ereby confirms its Declaratory described herein as an Economic oses of tax abatement. Such tax abatement only and is s from the date of adoption of e Common Council. hereby determines that the and is granted Real property tax ) years, and further determines Chapter 2, Article 6, of the uth Bend and Indiana Code 6 -1.1- 11 be in full force and effect e Common Council and approval by Member of the Common Council A public hearing was held on th William Horvath, manufacturing the addition has started, and t this program. Council Member C resolution, seconded by Council resolution was adopted by a rol RESOLUTION NO. 2398 -96 A RES A DEC CERTP. BEND, TOLL ECONC PURPC LOWE. WHEREAS, the Common Counci Indiana, has adopted a Declarat areas, within the City as Econo purpose of tax abatement consid WHEREAS, a Declaratory Res commonly known as Lot 14 Toll R Indiana and which is more Darti resolution at this time. anager, indicated construction on e company is very enthused about leman made a motion to adopt this Member Washington. The call vote of nine ayes. UTION CONFIRMING THE ADOPTION OF RATORY RESOLUTION DESIGNATING AREAS WITHIN THE CITY OF SOUTH NDIANA, COMMONLY KNOWN AS LOT 14 AD INDUSTRIAL PARK TO BE AN C REVITALIZATION AREA FOR S OF A THREE (3) YEAR REAL Y TAX ABATEMENT FOR THOMAS E. of the City of South Bend, y Resolution designating certain c Revitalization Areas for the ation; and ution designated the area d Industrial park, South Bend, larly described as follows: LOT 14 TOLL ROADIINDUSTRIAL PARK and which has Key Number 25 101 Revitalization Area; and WHEREAS, notice of the adoption the public hearing before the C to Indiana Code 6- 1.1- 12.1 -2.5; WHEREAS, the Council held a pub 02111, as an Economic of a Declaratory Resolution and uncil has been published pursuant and hearing for the purposes of 1 1 REGULAR MEETING AUGUST 29, 1996 hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /ROLAND KELLY Member of the Common Council A public hearing was held on the resolution at this time. Council attorney, Kathleen Cekanski - Farrand, made the presentation for the resolution. She indicated it was necessary to pass this resolution in order to correct a scriber's error in the key number. She noted that the only thing that was being changed was this number, all other items remained the same. Council Member Washington made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 73096 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (IRONWOOD NORTH ANNEXATION) This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for public hearing and third reading on September 9, seconded by Council Member Washington. The motion carried. BILL NO. 74 -96 AN ORDINANCE TRANSFERRING $33,250.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on September 9, seconded by Council Member Washington. The motion carried. UNFINISHED BUSINESS Council President Kelly read a letter from Chief Taylor in regard to the staffing concerns, and he indicated they were working with the Local 362, have held several meetings, and they will continue to work with the union to solve the problem. REGULAR MEETING Council Member Coleman made a 62 -96 for public hearing and refer them to the Zoning and. Council Member Luecke. The m AUGUST 21, 1996 otion to set Bill Nos. 58, 60, and ird reading on September 9 and nexation Committee, seconded by ion carried. Council Member Luecke announce they will have first reading on the budget September 9, public hearing will be September 23 and third reading will be on Septe er 30, at a special meeting. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victori Twyckenham. He indicated this the bikers as well as the moto taking a newly constructed fou two lane street in order to ha idea of Granger residents and ridiculous. , regarding the bike path on was a dangerous situation for both ists. He indicated the idea of lane street and returning it to a e a bicycle path which was the otre Dame professors was Joyce Boaler, 1606 Hillsdale, indicated that according to the Tribune, Granger residents, teachers at Notre Dame and IU professors came up with the idea of the bicycle path, with MACOG's blessing. There being no further busines to come before the Council, unfinished or new, Council Pre ident Kelly adjourned the meeting at 9:05 p.m. ATTEST: ity r ATTEST: President 1 1 1