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HomeMy WebLinkAbout03-28-94 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, March 28, 1994, 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, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Ladewski 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 February 28 and March 14, 1994 meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Ann Puzzello /s/ Gene Ladewski Council Member Coleman made a motion that the minutes of the February 28, March 14, 1994, meetings of the Council be accepted and placed on file, seconded by Council Zakrzewski. The motion carried. SPECIAL BUSINESS Council Member Ladewski made a motion to cancel the meeting of April 25, however, if there is business that needs to be handled the meeting will be rescheduled for a later date, seconded by Council Member Coleman. The motion carried. Council Member Luecke made a motion to add an item to the agenda, a special resolution honoring Clay High School Basketball Team for willing the State Championship, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2109 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE 1994 BASKETBALL STATE CHAMPIONS - THE CLAY HIGH SCHOOL COLONIALS WHEREAS, the Common Council of the City of South Bend, Indiana, proudly acknowledges that on Saturday, March 26, 1994, the Clay High School Colonials won the Indiana High School Athletic Association Boys Basketball Title in Indianapolis, Indiana; and WHEREAS, the Clay High School Colonials were 25 -2 going into the Fort Wayne Semi -State finals and were ranked 17th in the State of Indiana; and then a minute to go to take the game into overtime; and WHEREAS, under the direction of Coach Tom DeBaets and his staff, "Clay's Comeback Kids" played their hearts out and showed off their months of training and discipline, as well as their talent, as they overcame a 75 -67 deficit with less than a minute to go to take the game into overtime; and WHEREAS, by defeating the previously unbeaten Valparaiso Vikings in overtime by a score of 93 -88 the Clay Colonials captured the Indiana State Championship for the first time by a South Bend High School since 1957; and WHEREAS, the South Bend Common Council is proud to salute the staff and players of the State of Indiana's Best, also known as the "Kings of the State" and the "Kings of the Streak "; Coach Tom DeBaets Charles Bonds Guard No. 30 JV Coach Jim Parent Jaraan Cornell G -F No. 22 Fr. Coach Ken Vargo Steve Griffin Guard No. 32 Vol. Coach Steve Scott Chad Hudnall G -F No. 14 Mid. Sch. Coach Pat Sousley Joe Hunter Forward No. 4 Mid. Sch. Coach Mike Jackson Michael Lee Guard No. 10 Ath. Dir. Ron Bella Yul Lee Forward No. 34 Ath. Dir. Greg Humnicky Lee Nailon F -C No. 54 Principal Joann 011man LeShawn Nailon F -C No. 52 Mgr. Willie Rogers Kerry Pates Guard No. 12 Jeff Proctor Forward No. 42 Jon White Forward No. 44 Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, on behalf of our City, publicly CONGRATULATES THE CLAY HIGH SCHOOL COLONIALS -THE 1994 BASKETBALL HIGH SCHOOL STATE CHAMPIONS for the State of Indiana. Section II. The Common Council believes the Clay High Colonials, their families, friends and staff have brought great pride to the City of South Bend, the South Bend Community School Corporation and themselves by their positive and willing attitude, and their athletic abilities. Section III. The Common Council hereby declares the week of March 28, 1994, as "Clay High School State Champions Week" in the City of South Bend, Indiana, and urges the Colonials to be positive role models today and throughout their lives, as your hometown salutes you for doing your best!! Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke, 1st District Cleo Washington, 2nd District Roland Kelly, 3rd District JAnn Puzzello, 4th District Linas Slavinskas, 5th District Thomas Zakrzewski, 6th District Sean Coleman, At Large Loretta Duda, At Large Eugene Ladewski, At Large (Approved by me, Joseph E. Kernan, the Mayor of the City of South Bend, Indiana, United Stat American this_ day of March 1994 Irene Gammon, City Clerk Joseph Kernan, Mayor of A public hearing was held on the resolution at this time. Council Member Luecke rea the resolution, and expressed how proud the City is of the school and the team. John Leszcz nski, Director of Public Works, congratulated the team on behalf of Mayor Kernan. Joan 011man, principal, indicated they have been overwhelmed by the depth of the community's support. Greg Hum icky, athletic director, thanked the community as well as the Council. Council Member Kelly made a notion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2108 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AND MAYOR JOSEPH E. KERNAN PROCLAIMING MARCH 28 - APRIL 3, 1994, AS NA IONAL COMMUNITY DEVELOPMENT WEEK. WHEREAS, Mayor Joseph E. Kernan and the Common Council of the City of South Bend note the COMMUNITY DEVELOPMENT BLOCK GRANT has been a valuable asset in South Bend since 1975; and WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has operated since 1974 to provide local governments with the resources required to meet the needs of persons of low and moderate incom ; and WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT funds are used by thousands of neighbo hood - based nonprofit organizations throughout the Nation to address pressing neighborhood and human service needs; and WHEREAS, during this time of limited Federal resources available to the task of me needs of low and moderate income persons, the problems have grown as evidenced by the supply of affordable housing, the massive rise in hopelessness, and the resurfacing of malnutrition; and WHEREAS, during the last two decades, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has increasing importance for meeting pressing community problems; and WHEREAS, the Congress and the Nation are working to acknowledge the critical value COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM and the significant number of organizations and that rely on its funds for support; and WHEREAS, the Congress of the United States has declared March 28 - April 3, 1994 COMMUNITY DEVELOPMENT WEEK and have called upon the President and all the people of the States to observe the week with appropriate ceremonies and activities. NOW, THEREFORE, BE IT RESOLVED THAT Mayor Joseph E. Kernan and the Common Council of of South Bend, Indiana, proclaim March 28 - April 3, 1994 NATIONAL COMMUNITY DEVELOPMENT call upon all citizens of our city to participate in ceremonies and activities celebr COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. /s/ Ann Puzzello Member of the Common Council /s/ Joseph E. Kernan Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Kelly read the resol He, as well as other Council Members, complimented our Community and Economic Development Depa for the fine job they are doing. Council Member Luecke made a motion to adopt this resol seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine REPORTS OF CITY OFFICES the and the ects ted City and the tion. tment tion, ayes. Cumulative Capital Improvement Fund, and Cumulative Capital Development Fund prior to the receipt of taxes in the year 1994 in order to meet the current operating expenses of the City provided for in the budget adopted for the year 1994. There are monies on deposit to the credit of various funds of the City, to -wit: The Liability Insurance Premium and Reserve Fund, the Sewage Works Depreciation Fund, the Sewage Works Operation nd Maintenance Reserve Fund, which can be temporarily advanced or transferred to the various funds already mentioned. Indiana Code 36 -1 -8 -4 authorizes the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such a period of time as may be prescribed in the Resolution. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: Section I. The City Controller of -the City of South Bend is authorized to transfer an aggregate amount not to exceed $7,600,000.00 to various funds from various funds as listed below. The aggregate amount of $7,600,000.00 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid by December 31, 1994. FROM; MAXIMUM TO; Liability Insurance $1,000,000.00 Premium & Reserve Sewage Works Sewage Works Operation and Main- tenance Reserve TOTAL $4,500,000.00 $3,500,000.00 $9,000,000.00 General Fund MAXIMUM Park Maintenance Fund Cumulative Capital Improvement Fund Cumulative Capital Fund $7,000,000.00 $1,500,000.00 200,000.00 300,000.00 $9,000,000.00 Section II. Such transfer shall be made for a period of time not to extend beyond December 31, 1994, and such funds to be transferred shall be returned and repaid to the original funds from which they were transferred. Section III. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Jeff Rinard, Finance Director, made the presentation for the resolution. He indicated that as in the past few years the City can meet its 1994 operating expenses without the need to issue tax anticipation time warrants through the proposed inter -fund borrowing. He indicated the transfer of funds will be repaid prior to December 31, 1994. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 23 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF EAST COLFAX AVENUE FROM THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF NORTH ST. PETER TO THE WEST RIGHT -OF- WAY LINE OF ST. PETER FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALLEY LOCATED IN FIRST ADDITION TO LOWELL IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing and third reading on April 11, and refer it to the Public Works and Vacation Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 30 -94 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 "O" OFFICE DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 31 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 5 -1 AND SECTION 5 -49 OF CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ANIMALS AND FOWL ". This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on April 11, and refer it to the Heath and Public Safety Committee, seconded by Council Member Duda. The motion carried. Economic Development Department for the fine job they are doing. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. REPORTS OF CITY OFFICES Don Fozo, Building Commissioner, gave a report on the Building Department. He indicated they ended 1993 with a net profit of $18,176, and in 1991 they had a deficit of $230,000. He indicated they had made 35,313 inspections in 1193; 571 contractors were registered; and they have initiated a program for all inspectors to be certified. Council Member Luecke made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. 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 on March 28, at 7:30 p.m., with nine members present. Chairman Kelly presiding. BILL NO. 17 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST - WEST ALLEY (ALSO KNOWN AS GOETZ COURT), SOUTH OF WESTERN AVENUE FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH LAFAYETTE BLVD., TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH LAFAYETTE BLVD., FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALLEY LOCATED IN MARTIN'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Mike Morse, from Enzyme Research Laboratories, made the presentation for the bill. He indicated that there was entrance problem getting into their parking lot and after discussion with Mr. Ries, of Ries Furniture who is next door to this property, it was decided that vacation of the alley was the best solution. He indicated the alley will be used as it has been in the past. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 22 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING SERVICE COURT NO. 5 FROM WASHINGTON STREET SOUTH FOR A DISTANCE OF APPROXIMATELY 212 FEET. 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 Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Jenny Manier, Asst. City Attorney, indicated she was representing Redevelopment, made the presentation for the bill. She indicated they planned to vacate this right -of -way south from Washington Street a distance of 212 feet. She indicated this property would be used for the construction of the Hall of Fame. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas. The motion carried. BILL NO. 23 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING TUTT STREET FROM MAIN STREET TO THE FIRST NORTH -SOUTH ALLEY EAST OF MAIN STREET AND VACATING THE FIRST NORTH -SOUTH ALLEY EAST OF MAIN STREET FROM TUTT STREET, TO THE SOUTH TO THE FIRST EAST -WEST ALLEY NORTH OF TUTT STREET, TO THE NORTH. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, and continue this bill until April 11, seconded by Council Member Washington. BILL NO. 90 -93 A BILL AMENDING CHAPTER 21, ARTICLE 6.5, SECTION 21 -117.2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED HISTORIC PRESERVATION COMMISSION. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, and refer this continue this bill until April 11, seconded by Council Member Washington. The motion carried. BILL NO. 15 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY. Council Member Luecke made a motion to continue this bill indefinitely, seconded by Council Member Washington. The motion carried. BILL NO. 24 -94 A BILL APPROPRIATING $785,520.00 FROM THE SEWAGE WORKS BOND FUND AND THE WASTEWATER GENERAL REVENUE FUND FOR THE CHIPPEWA BASIN CONSTRUCTION PROJECT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation would allow for the construction of a Chippewa drainage basin, which will tie into a much larger sewer on Miami. He indicated this will help alleviate the sewer problems in the Chippewa /Fellow area. Gene Oakly, 2614 York Road, asked if the City had corrected the problem of lines feeding into an 18" line. Mr. Leszczynski indicated the larger lines would no longer feed into the 18" line. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 25 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING THE GOLF COURSE DIVISION WITHIN THE PARK MAINTENANCE FUND AND APPROPRIATING MONIES FROM THE PARK MAINTENANCE DIVISION TO THE GOLF COURSE DIVISION WITHIN THE PARK MAINTENANCE FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1994. 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 Washington reported that the Parks and Recreation Department had met on this bill and recommended it to the Council favorable. Ron O'Connor, fiscal officer for the Park Department, made the presentation for the bill. He indicated this bill would allow for the creation of a Golf Course Division within the Park Maintenance Fund which would be used for golf course related expenditures. He indicated the appropriation would be used for to fund this division. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 26 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES WITHIN THE ZOO ENDOWMENT FUND TO BE USED FOR CAPITAL PROJECTS AND /OR IMPROVEMENTS AT THE POTAWATOMI ZOO, CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1994. 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 Washington reported that the Parks and Recreation Department had met on this bill and recommended it to the Council favorable. Ron O'Connor, fiscal officer for the Park Department, made the presentation for the bill. He indicated this bill would appropriate moneys from the Dorothy Shanafelt Douglas Trust for construction of a maintenance storage facility; and renovation of Swan Lake Islands. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 27 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $220,980.06 FROM NON - REVERTING REVENUE CATEGORIES WITHIN THE PARK MAINTENANCE 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 Washington reported that the Parks and Recreation Department had met on this bill and recommended it to the Council favorable. Ron O'Connor, fiscal officer for the Park Department, made the presentation for the bill. He indicated this appropriation would taken from user fees non - reverting revenue. He indicated they planned to make capital improvements on the East Race Waterway, Howard Park Ice Rink, Elbel Golf Course and Zoo and the picnic area at Potawatomi Park. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 28 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $375,000.00 FROM THE OPERATING BALANCE OF THE PARK MAINTENANCE 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 Washington reported that the Parks and Recreation Department had met on this bill and recommended it to the Council favorable. Ron O'Connor, fiscal officer for the Park Department, made the presentation for the bill. He indicated this appropriation would be used to for the Kennedy Park Ball Diamond lights, and equipment, ice rink equipment, Potawatomi Pavilion site plan and asbestos removal, Greenhouse, Rum Village LaSalle Center gym floor, recreational poll structures, resurface basketball and tennis courts and to pay for the negotiation contracts for the buyout of the golf pro contracts. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Luecke. The motion carried. ATTEST: ATTEST: C City Cler� C irman REGULAR MEETING RECONVENED Be it remembered that the Common Council of thd' City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:10 p.m. Council President Puzzello presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8475 -94 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY (ALSO KNOWN AS GOETZ COURT), SOUTH OF WESTERN AVENUE FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH LAFAYETTE BLVD., TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH LAFAYETTE BLVD., FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALLEY LOCATED IN MARTIN'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8476 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING SERVICE COURT NO. 5 FROM WASHINGTON STREET SOUTH FOR A DISTANCE OF APPROXIMATELY 212 FEET. This bill had third reading. Council Member Duda made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. -94 AN ORDINANCE APPROPRIATING $785,520.00 FROM THE SEWAGE WORKS BOND FUND AND THE WASTEWATER GENERAL REVENUE FUND FOR THE CHIPPEWA BASIN CONSTRUCTION PROJECT. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8478 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING THE GOLF COURSE DIVISION WITHIN THE PARK MAINTENANCE FUND AND APPROPRIATING MONIES FROM THE PARK MAINTENANCE DIVISION TO THE GOLF COURSE DIVISION WITHIN THE PARK MAINTENANCE FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1994. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8479 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES WITHIN THE ZOO ENDOWMENT FUND TO BE USED FOR CAPITAL PROJECTS AND /OR IMPROVEMENTS AT THE POTAWATOMI ZOO, CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1994. This bill had third reading. Council Member Washington made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8480 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $220,980.06 FROM NON - REVERTING REVENUE CATEGORIES WITHIN THE PARK MAINTENANCE FUND. This bill had third reading. Council Member Duda made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8481 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $375,000.00 FROM THE OPERATING BALANCE OF THE PARK MAINTENANCE FUND. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2110 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 840 PRAIRIE AVENUE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR MATTHEW R. DEE. 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 840 Prairie Ave. Street, South Bend, Indian, and which is more particularly described as follows: Parcel Number Three (3) in the Inner Belt Industrial Park, a subdivision in the Southeast and Southwest Quarters of Section 11 and the Northeast Quarter of Section 14, all in Township 37 North, Range 2 East of the Second Principal Meridian, City of South Bend, Indiana, the plat of which is recorded in Plat Book 21, page 1 in the Office of the Recorder of St. Joseph County, Indiana, excepting therefrom the West 30 feet of the East 40 feet of vacated Prairie Avenue. and which has Key Number 18 3046 1772 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. A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C: That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the Totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. G. That the area is located in an Economic Development Target Area designated as such under Indiana Code 6 -1.1- 12.1 -7. 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 six (6) 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/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Department had met on this bill and recommended it to the Council favorable. George Herendeen, attorney, made the presentation. He indicated United Beverage was at Chapin and Sample, and they planned to construct a $607,000 addition to the property. He indicated there was no previous abatement on this parcel of land, which lies in all four districts for tax abatement. He indicated this was the 7th addition to the property and it qualifies for a six year abatement. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2111 -94 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 402 SOUTH STREET, SOUTH BEND, INDIANA 46601. WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the 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: 402 S. Street, South Bend, In 46601 in order to permit Habitat for Humanity of St. Joseph County is requesting a special exception to allow for combined occupancy of residential and business. Habitat would like to have two (2) bedroom apartments above their first floor office at 402 South Street. These apartments would accommodate short -term housing for needing families and to help generate income for their non - profit activities. The surrounding neighborhood is mostly residential and therefore, habitat does not believe that apartments at this address would have an adverse effect on the community. 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. that: Section III. The Common Council of the City of South Bend, Indiana hereby finds 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 w i t h t h e 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/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this resolution and recommended it to the Council favorable. Vernon Feather, attorney for the Habitat for Humanity, made the presentation. He indicated they were requesting a special exception to allow for combined occupancy of residential and business. 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. 94 -24 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 18C TOLL ROAD INDUSTRIAL PARK, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR TOLL ROAD INDUSTRIAL PARTNERS, L.P. Council Member Luecke made a motion to continue this resolution due to lack of a presenter, seconded by Council Member Washington. The motion carried. RESOLUTION NO. 2112 -94 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM VARIOUS FUNDS TO THE VARIOUS FUNDS WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA. It is necessary to provide funds for the General Fund, Park Maintenance Fund, Cumulative Capital Improvement Fund, and Cumulative Capital Development Fund prior to the receipt of taxes in the year 1994 in order to meet the current operating expenses of the City provided for in the budget adopted for the year 1994. There are monies on deposit to the credit of various funds of the City, to -wit: The Liability Insurance Premium and Reserve Fund, the Sewage Works Depreciation Fund, the Sewage Works Operation nd Maintenance Reserve Fund, which can be temporarily advanced or transferred to the various funds already mentioned. Indiana Code 36 -1 -8 -4 authorizes the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such a period of time as may be prescribed in the Resolution. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: Section I. The City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $7,600,000.00 to various funds from various funds as listed below. The aggregate amount of $7,600,000.00 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid by December 31, 1994. FROM; MAXIMUM Liability Insurance $1,000,000.00 Premium & Reserve Sewage Works $4,500,000.00 Sewage Works $3,500,000.00 Operation and Main- tenance Reserve TO; General Fund Park Maintenance Fund Cumulative Capital Improvement Fund Cumulative Capital Fund MAXIMUM $7,000,000.00 $1,500,000.00 200,000.00 300,000.00 TOTAL $9,000,000.00 $9,000,000.00 Section II. Such transfer shall be made for a period of time not to extend beyond December 31, 1994, and such funds to be transferred shall be returned and repaid to the original funds from which they were transferred. Section III. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. A public hearing was held on Director, made the presentation few years the City can meet its anticipation time warrants thro, the transfer of funds will be Coleman made a motion to adopt The resolution was adopted by a BILLS, FIRST READING BILL NO. 23 -94 /s/ Ann Puzzello Member of the Common Council the resolution at this time. Jeff Rinard, Finance for the resolution. He indicated that as in the past 1994 operating expenses without the need to issue tax igh the proposed inter -fund borrowing. He indicated repaid prior to December 31, 1994. Council Member the resolution, seconded by Council Member Ladewski. roll call vote of nine ayes. A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF EAST COLFAX AVENUE FROM THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF NORTH ST. PETER TO THE WEST RIGHT -OF- WAY LINE OF ST. PETER FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALLEY LOCATED IN FIRST ADDITION TO LOWELL IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing and third reading on April 11, and refer it to the Public Works and Vacation Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 30 -94 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 "O" OFFICE DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 31 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 5 -1 AND SECTION 5 -49 OF CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ANIMALS AND FOWL ". This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on April 11, and refer it to the Heath and Public Safety Committee, seconded by Council Member Duda. The motion carried. BILL NO. 32 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING OF THE EXECUTION OF AN ADDENDUM TO THE LEASE BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND THE SOUTH BEND CIVIC CENTER BUILDING AUTHORITY FOR THE LAND AND PUBLIC IMPROVEMENTS KNOWN AS THE CENTURY CENTER. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on April 11, and refer it to the Personnel and Finance Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 33 -94 A BILL APPROPRIATING ONE MILLION DOLLARS ($1,000,000) FROM THE CASH RESERVES OF THE GENERAL FUND OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE PURPOSE OF FUNDING A PROGRAM OF PUBLIC IMPROVEMENTS WITHIN THE CITY OF SOUTH BEND. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on April 11, and refer it to the Personnel and Finance Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 34 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $215,750 FROM E.M.S. FUND #288 FOR THE PURCHASE OF EQUIPMENT. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on April 11, and refer it to the Heath and Public Safety Committee, seconded by Council Member Duda. The motion carried. BILL NO. 35 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2 -151 OF THE SOUTH BEND MUNICIPAL CODE TO DESIGNATE ADDITIONAL AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC DEVELOPMENT TARGET AREA. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on April 11, and refer it to the Community and Economic Development Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 36 -94 A BILL APPROPRIATING $639,448 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1994 TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on April 11, and refer it to the Community and Economic Development Committee, seconded by Council Member Duda. The motion carried. BILL NO. 37 -94 A BILL TRANSFERRING $438,344 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on April 11, and refer it to the Community and Economic Development Committee, seconded by Council Member Duda. The motion carried. BILL NO. 38 -94 A BILL APPROPRIATING $37,500 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF FUNDING A MICROLOAN PROGRAM. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on April 11, and refer it to the Community and Economic Development Committee, seconded by Council Member Duda. The motion carried. BILL NO. 39 -94 A BILL APPROPRIATING $99,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on April 11, and refer it to the Community and Economic Development Committee, seconded by Council Member Duda. The motion carried. BILL NO. 40 -94 A BILL APPROPRIATING $100,000 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ADDING TO THE NEIGHBORHOOD DEVELOPMENT CORPORATION'S REVOLVING LOAN FUND PROGRAM. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on April 11, and refer it to the Community and Economic Development Committee, seconded by Council Member Duda. The motion carried. BILL NO. 41 -94 A BILL TRANSFERRING $187.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on April 11, and refer it to the Community and Economic Development Committee, seconded by Council Member Washington. The motion carried. Council Member Luecke made a motion to reconsider resolution 94 -25, seconded by Council Member Slavinskas. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 2113 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 18C TOLL ROAD INDUSTRIAL PARK, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR TOLL ROAD INDUSTRIAL PARTNERS, L.P. 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 Lot 18C Toll Road Industrial Park, and which is particularly described as follows: A parcel of land in the southeast quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana and described as follows: Beginning at the northeast corner of the southeast quarter of said Section 21: Thence north 00 degrees 45' 45" west along the east line of Lot 18 -B of Gainey's replat of Lot 20 Section 1 and Lot 18, Section 6, Toll Road Industrial Park, as recorded under Instrument Number 9029253, dated October 19, 1990, in the Office of the Recorder, St. Joseph county, Indiana, a distance of 943.54 feet to the northeast corner of said Lot 118 -B; thence south 88 degrees 53' 36" west along the north line of Lot 18 -B, a distance of 932.88 feet; thence south 00 degrees 56' 57" east, along the west line of Lot 18 -B, a distance of 1130.08 feet; thence north 88 degrees 53' 36" east, a distance of 930.01 feet to the east line of Lot 18 -B; then north 01 degrees 00" 44" west, along the east line of Lot 18- B, a distance of 186.55 feet to the place of beginning, and containing 24.1557 acres, more or less, and is subject to any easement, restrictions and /or covenants of record. with said real estate having the following Key No. 25- 1013 -0216 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. 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 seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Frank Perri, Holladay Corporation, indicated they planned to contract a facility at a cost of 2.5 million dollars, that will serve a as regional distribution center for a national company. Council Member Slavinskas made a motion adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. UNFINISHED BUSINESS Council Member Coleman made a motion to accept the March 23, list of bills to be stricken, seconded by Council Member Washington. The motion carried. Council Member Slavinskas made a motion to set Bill Nos. 12 & 13 -94 for public hearing and third reading on April 11, and refer them to the Zoning and Annexation Committee, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR David Varner, 1306 Clayton, spoke regarding Robert O'Connor's comment regarding the quality of the speakers in favor of the Hall of Fame, and those opposed. He indicated this type of comment from a representative of the City to the Century Center Board of Managers was out of line. He indicated he felt an apology was in order. Gene Oakly, 2614 Yord Rd., spoke regarding his law suit against the closing of Calvert Street. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Washington. The motion carried and the meeting was adjourned at 9:28 p.m. ATTEST: City Clerk // - - 113