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HomeMy WebLinkAbout04-11-94 Council Meeting MinutesIREGULAR MEETING APRIL 11, 1994 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, March 28, 1994, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. Present: Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Ladewski Absent: None IREPORT FROM THE SUB - COMMITTEE ON MINUTES ITo the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the March 14, 1994 meeting 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 March 28, 1994, meeting of the Council be accepted and placed on file, seconded by Council Zakrzewski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2114 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING STEVE BATZEL, JOHN WILSON AND ROBERT DEGROTTE FOR THEIR HEROIC EFFORTS AT THE WASTE WATER TREATMENT PLANT. WHEREAS, the Common Council of the City of South Bend, Indiana, acknowledges that an accident occurred on February 8, 1994; and WHEREAS, a contractual employee who was doing maintenance work on the bottom of an eighteen foot deep clarifier tank ran out of air; and WHEREAS, when the three (3) City maintenance workers realized that the individual was in trouble, they dove into the tank in ten degree water and swan to save the drowning man; and WHEREAS, Steve Batzel, John Wilson, and Robert DeGroote risked their lives to save this individual and placed their lives in jeopardy to save his; and WHEREAS, the heroic and dedicated efforts of these three (3) City workers is commendable and the Common Council thanks and salutes each of them. 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 the citizens of our City publicly commend City maintenance workers Steve Batzel, John Wilson, and Robert DeGroote for risking their lives to save another individual on February 8, 1994. Section II. The Common Council commends each of these dedicated City workers for their selfless dedication on February 8th, but also commends John Wilson for his eighteen years of dedicated service to the City, Steve Batzel for his four years of dedicated service to the City, and Robert DeGroote for his two years of dedicated service to the City. 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. Stephen Luecke, 1st District Cleo Washington, 2nd District Roland Kelly, 3rd District Ann 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 United State of American this day of April 1994 p the City of South Bend, Indiana, Irene Gammon, City Clerk Joseph Kernan, Mayor A public hearing was held on the resolution at this time. Council Member REPORTS OF CITY OFFICES Tom Schalliol, Director of Recreation, gave a report on his department, as well as the effect the financial cut proposed by School City will have on his department. 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. 12 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF LINCOLNWAY WEST AND SHERIDAN STREETS, IN THE CITY OF SOUTH BEND, INDIANA, 46628, WITH THE PROPOSED COMMON ADDRESS OF 3901 LINCOLNWAY WEST, SOUTH BEND, INDIANA, 46628. 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 Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, reported that the petitioner wanted to zone this parcel "C" commercial. He indicated the surrounding area was "A" residential and "C" commercial. He indicated that the Commission recommended this bill to the Council favorable. Anthony Zappia, attorney, made the presentation for the bill. He indicated the petitioners wanted this property rezoned "C" for a floral shop. He indicated the present location of their floral shop was too small and they needed more space. He indicated the zoning was in keeping with the neighborhood. Jeff Corey, 4105 Lincolnway West, 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 Washington. The motion carried. BILL NO. 13 -94 A BILL AMENDING THE ZONING BLOCK OF NORTH BENDIX DRIVE, FOR SOBIESKI FEDERAL SAVINGS ORDINANCE FOR PROPERTY LOCATED IN THE 3400 IN THE CITY OF SOUTH BEND, INDIANA 46628, AND LOAN ASSOCIATION OF SOUTH BEND. 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 Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Washington. The motion carried. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, reported that the petitioner wanted to zone this parcel "C" commercial. He indicated the surrounding area was "B" residential, "C" commercial and "D" light industrial. He indicated that the Commission recommended this bill to the Council favorable. Kenneth Fedder, attorney, made the presentation for bill. He indicated the petitioners, Sobieski Federal Savings, wanted to construct a new facility at this location. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Washington. 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 Luecke made a motion to continue public hearing on this bill until the next meeting of the Council, seconded by Council Member Coleman. The motion carried. BILL NO. 29 -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 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 met on this bill and recommended it to the Council favorable. Bill Lamie, a representative of United Health Services, made the presentation for the bill. He indicated they planned to construct a dental clinic at this location and they needed to vacate the alley in order to incorporate on -site parking and have efficient utilization of the property. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Ladewski reported that the Health and Public Safety Works Committee met on this bill and recommended it to the Council favorable. Kathy Dempsey, Director of Code Enforcement, made the presentation for the bill. She indicated it was necessary to amend the animal ordinance in order to clarify the ordinance and clean up penalty procedures. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. NO. 3 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Personnel & Finance Committee met on this bill and recommended it to the Council favorable. Jenny Manier, Assistant City Attorney, made the presentation for the bill. She indicated this addendum was necessary because the lease currently permits the City to exercise an option to purchase the facility on June 28 and December 38 of any year. She indicated the City must exercise the option to purchase as of the day the Redevelopment Authority closes on its lease rental revenue bonds so the title can transfer from the Civic Center Building Authority to the Redevelopment Authority. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Personnel & Finance Committee met on this bill and recommended it to the Council favorable. Mayor Kernan made the presentation for the bill. He indicated this bill would appropriate $1,000,000 for nineteen neighborhood programs that will be used along with 1.1 million in federal community development block grant funds. He indicated the Council was backing plans to funnel $5 million into neighborhood activities and programs this year. He indicated this will be a part of the City's Good Neighbors /Good Neighborhoods initiative, and represents the largest influx of non - federal aid into residential areas in recent years. He indicated that because of the City's prudent finances in recent years we are in a position to make major investments in neighborhoods. He indicated there will be a $650,000 program to assist residents to fix broken curbs and sidewalks,and remove or trim dying trees from the tree lawn areas. He indicated the appropriation includes $100,000 for work in neighborhood partnership centers, and funds for several other programs including residential police patrols. Ed Talley, Riverside Dr., asked that $20,000 be spent for new street lights on Riverside. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Ladewski reported that the Health and Public Safety Committee met on this bill and recommended it to the Council favorable. Chief Taylor made the presentation for the bill. He indicated this appropriation would be used for the purchase of equipment and safety gear, lease - purchase payments on a new medic unit and the cost of refurbishing reserve Engine #8. Dave Kollor, 601 N. Hill, a firefighter, spoke in favor of this bill. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee met on this bill and recommended it to the Council favorable. Jenny Manier, Assistant City Attorney, made the presentation for the bill. He indicated this bill amended the code to include the area known as Phoenix Plaza as an Economic Development Target Area. Council Member Luecke made a motion to recommend this bill to the Council favorable. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee met on this bill and recommended it to the Council favorable. Council Member Washington made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Slavinskas. The motion carried. Jon Hunt, Director of Community and Economic Development, made the presentation for the bill. He indicated this appropriation would be distributed as follows: $15,000 for REWARD; $10,000 for Christmas in April; $53,000 for Neighborhood Residential Security; $100,000 Neighborhood Park Equipment /Improvements; $190,000 for Cushing Street Housing; $171,448 for Neighborhood Public Works; and $100,000 for the Boy's and Girl's Club. Susan Barnes, 701 Rex St., a representative of the Near Northeast Neighborhood, spoke in favor of this bill, indicating it was time for cooperation between government and the neighborhoods. Gary Stevenson, 608 Cushing, indicated this project will make South Bend more enjoyable to live in and more attractive. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 37 -94 A BILL TRANSFERRING $438,344 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. 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 Kelly reported that the Community and Economic Development Committee met on this bill and recommended it to the Council favorable. Jon Hunt, Director of Community and Economic Development, made the presentation for the bill. He indicated this bill will transfer moneys that are remaining in certain funds as of January 31, 1994, to other activities. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee met on this bill and recommended it to the Council favorable. Jon Hunt, Director of Community and Economic Development, made the presentation for the bill. He indicated this appropriation will be a match with the City of Mishawaka, and $25,000 from a local bank that will be used for a Microloan Program. He indicated the money will be used for loans to out of work persons for technical assistance. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council member Duda. The motion carried. BILL N. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee met on this bill and recommended it to the Council favorable. Jon Hunt, Director of Community and Economic Development, made the presentation for the bill. He indicated this appropriation will be used to assist four local nonprofit organizations in providing services to the homeless in our community. Council Member Coleman made a motion to recommend this bill to the Council favorable, 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee met on this bill and recommended it to the Council favorable. Jon Hunt, Director of Community and Economic Development, made the presentation for the bill. He indicated this appropriation will be added into the Neighborhood Development Corporation's Revolving Loan Fund Program. He indicated this fund will be used to make loans to commercial strip entrepreneurs on Miami and Mishawaka Avenue. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 41 -94 A BILL TRANSFERRING $187.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. 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 Kelly reported that the Community and Economic Development Committee met on this bill and recommended it to the Council favorable. Jon Hunt, Director of Community and Economic Development, made the presentation for the bill. He indicated this bill closes out the 1992 emergency shelter program and transfers the money into another account. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: City Clerk ATTEST: Chairman REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:55 p.m. Council President Puzzello presiding, and nine members present. BILLS. THIRD READING ORDINANCE NO. 8482 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF LINCOLNWAY WEST AND SHERIDAN STREETS, IN THE CITY OF SOUTH BEND, INDIANA, 46628, WITH THE PROPOSED COMMON ADDRESS OF 3901 LINCOLNWAY WEST, SOUTH BEND, INDIANA, 46628. 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 Washington. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8483 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3400 BLOCK OF NORTH BENDIX DRIVE, IN THE CITY OF SOUTH BEND, INDIANA 46628, FOR SOBIESKI FEDERAL SAVINGS AND LOAN ASSOCIATION OF SOUTH BEND. 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 Luecke. The motion carried. Council Member �'akrzewski made a motion to pass the bill, as amended, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8484 -94 AN ORDINANCE 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 third reading. Council Member Zakrzewski 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. 8485 -94 AN ORDINANCE 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 third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8486 -94 AN ORDINANCE 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 third reading. Council Member Zakrzewski made a motiow to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8487 -94 AN ORDINANCE 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 third reading. Council Member Zakrzewski 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. 8488 -94 AN ORDINANCE 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 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. 8489-94 AN ORDINANCE 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 third reading. Council Member Luecke 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 Luecke made a motion to pass the bill, as amended, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8490.94 AN ORDINANCE 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 third reading. Council Member Luecke made a motlon to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8491 -94 AN ORDINANCE TRANSFERRING $438,344 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 84:92 -94 AN ORDINANCE APPROPRIATING $37,500 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF FUNDING A MICROLOAN PROGRAM. This bill had third reading. Council Member Kelly 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. 8493 -94 AN ORDINANCE APPROPRIATING $99,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM. This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 84.94 -94 AN ORDINANCE 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 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. ORDINANCE NO. 84:95 -94 AN ORDINANCE TRANSFERRING $187.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. 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. RESOLUTIONS RESOLUTION NO. 94 -29 A RESOLUTION CONFIRMING THE ADOPTION OF A RESOLUTION 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. Council Member Slavinskas made a motion to continue public hearing on this resolution until May 9, seconded by Council Member Washington. The motion carried. RESOLUTION NO. 2115 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /RECYCLING OPERATIONS AND TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 1994. WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk /scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk /and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk /and recycling dealers; WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk/ and recycling operations have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on March 21, 1994, recommended the issuance of licenses for the below listed applicants in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the license applications for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made in February, 1994, and subsequent favorable recommendation by the Board of Public Works: A -1 Auto Parts Boliden Metech, Inc. Hurwich Iron Company, Inc. Hurwich Iron Company, Inc. Hurwich Iron Company, Inc. Hurwich Iron Company, Inc. North Side Iron & Paper Company South Bend Baling & Iron Company South Bend Iron & Metal Company South Bend Scrap & Processing Division South Bend Waste paper Company Steve & Gene's Auto Truck Salvage Super Auto Salvage Corporation Weaver Truck & Equipment Company Western Avenue Iron & Metal Company 2014 S. Lafayette Blvd. 445 N. Sheridan 2016 W. Washington 1610 Circle Ave. 1700 S. Lafayette Blvd. 1602 S. Lafayette Blvd. 3123 S. Gertrude St. 1420 S. Walnut St. 429 W. Indiana Ave. 3114 S. Gertrude St. 1529 S. Franklin St. 3109 S. Gertrude St. 3300 S. Main 3100 S. Gertrude St. 3123 S. Gertrude St. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Kathy Dempsey, Director of Code Enforcement, made the presentation for the bill. She indicated the properties were inspected for fire code violations, environmental violations, proper maintenance of the premises and areas outside fenced in areas, and the height and condition of surrounding fencing. She indicated she and Council Member Zakrzewski inspect these facilities once a year. She indicated the Board of Works had recommended approval of license renewals for 1994. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2116 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING A CITY NEGOTIATING TEAM FOR POLICE NEGOTIATIONS. WHEREAS, the City of South Bend has determined that a unified effort would again be in the City's best interests when addressing, through the negotiation process, such items as Police wages, fringe benefits, and working conditions; and WHEREAS, the Police Department Salary Ordinance and their Working Agreement expire at the end of this calendar year; and WHEREAS, the Board of Public Safety will consider a Resolution which will appoint a negotiating team to represent the Board regarding upcoming Police Department matters addressed in the Working Agreement at their next meeting; and WHEREAS, the Common Council and the City Administration jointly agree that a unified effort through a City Negotiating Team for Police negotiations is the best and most positive approach for the City, with such a team not being considered a "Public agency" as defined in Indiana Code Sec, 5- 14- 1.5 -2. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, hereby appoints the following individuals to the City Negotiating Team to represent the City of South Bend in the upcoming Police Negotiations: Ann Puzzello, Chairperson Kathleen Cekanski - Farrand, Spokesperson Steve Luecke Eugene Ladewski Linas Slavinskas, Alternate Kevin Horton Thomas L. Bodnar Jeffrey A. Rinard, Alternate and Resource Person Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Stephen Luecke, 1st District Cleo Washington, 2nd District Roland Kelly, 3rd District Ann 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 State of American this day of April 1994 Irene Gammon, City Clerk Joseph Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Puzzello made the presentation for the resolution. She indicated that after a meeting with the Mayor and the City Controller they jointly recommended that a City Negotiating Team be appointed for the upcoming police negotiations. She indicated they felt this was an effective method to address wage and working conditions. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to combine public hearing on the next two resolutions, seconded by Council Member Luecke. The motion carried. RESOLUTION NO. 2111-94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 4320 RALPH JONES COURT, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR BHD PROPERTIES, LLC. 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 4320 Ralph Jones Court, South Bend, Indian, and which is more particularly described as follows: A parcel of land in the northeast quarter of Section 21, Township 38 North, Range 2 East, of German Township, St. Joseph County Indiana and described as follows: Commencing at the center of said Section 21; thence North 88 53'36" East, 450.58 feet; thence North 00 56157" West, 1660.16 feet to the Point of Beginning; thence continuing North 00 56157" West, 350.00 feet; thence North 88 53136" East, 877.01 feet; thence South 00 56157" East, 366.66 feet; thence South 88 53136" West, 394.20 feet Southwesterly along a curve to the right, 18.36 feet, having a radius of 60.00 feet, subtended by a chord, having a bearing of South 23 36121" West, and a distance of 18.78 feet; thence Southwesterly along a curve to the left, having a radius of 60.00 feet, subtended by a chord, having a bearing of South 15 49150" West, and a distance of 34.64 feet; thence South 89 09121" West, 80.00 feet; thence Northwesterly along curve to the left, having a radius of 60.00 feet, subtended by a chord, having a bearing of North 17 43137" West, and a distance of 34.64 feet thence Northwesterly along a curve to the right, having a radius of 60.00 feet, subtended by a chord, having a bearing of North 17 36118" West, and a distance of 34.88 feet; thence South 88 53'36" West. 365.00 feet to the Point of Beginning and containing 7.3514 acres, more or less, and contains 2 lots numbered 20 and 11, and is subject to all rights -of -way, easements, restrictions and or covenants of record. and which has Key Number 25 1013 0211.08 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 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/ Ann Puzzello Member of the Common Council RESOLUTION NO. 211$ -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 4320 RALPH JONES COURT, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR DEARBORN CRANE AND ENGINEERING CO. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 4320 Ralph Jones Court, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the northeast quarter of Section 21, Township 38 North, Range 2 East, of German Township, St. Joseph County Indiana and described as follows: Commencing at the center of said Section 21; thence North 88 53'36" East, 450.58 feet; thence North 00 56157" West, 1660.16 feet to the Point of Beginning; thence continuing North 00 56157" West, 350.00 feet; thence North 88 53136" East, 877.01 feet; thence South 00 56157" East, 366.66 feet; thence South 88 53136" West, 394.20 feet Southwesterly along a curve to the right, 18.36 feet, having a radius of 60.00 feet, subtended by a chord, having a bearing of South 23 36'21" West, and a distance of 18.78 feet; thence Southwesterly along a curve to the left, having a radius of 60.00 feet, subtended by a chord, having a bearing of South 15 49'50" West, and a distance of 34.64 feet; thence South 89 09'21" West, 80.00 feet; thence Northwesterly along curve to the left, having a radius of 60.00 feet, subtended by a chord, having a bearing of North 17 43'37" West, and a distance of 34.64 feet thence Northwesterly along a curve to the right, having a radius of 60.00 feet, subtended by a chord, having a bearing of North 17 36118" West, and a distance of 34.88 feet; thence South 88 53136" West. 365.00 feet to the Point of Beginning and containing 7.3514 acres, more or less, and contains 2 lots numbered 20 and 11, and is subject to all rights -of -way, easements, restrictions and or covenants of record. and this property has Key Number 25 1013 0211,08, 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 Section 2 -76 et seq.; and 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 pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3- 1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. 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 resolutions at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on these resolutions and recommended them to the Council favorable. Larry Dunville, President of Dearborn Crane, made the presentation. He indicated Dearborn planned to build a "world class" overhead crane manufacturing facility, which will also house office space. He indicated the new facility will cost approximately $700,000 and the machinery and equipment is estimated at around $250,000. Council Member Coleman made a motion to .adopt Resolution No. 2115 -94, seconded by Council member Duda. The resolution was adopted by a roll call vote of nine ayes. Council member Kelly made a motion to adopt Resolution No. 2116 -94, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 42 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1112, 1118, 1122 IRONWOOD DRIVE IN THE CITY OF SOUTH BEND, INDIANA, 46615. This bill had first reading. Council Member Coleman made a motion to recommend this bill to Area Plan, seconded by Council Member Slavinskas. The motion carried. BILL NO. 43 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 141 E. IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to recommend this bill to Area Plan, seconded by Council Member Duda. The motion carried. ORDINANCE NO. 8496 794 012171SIANCE; AUTHORIZING THE CITY OF SOUTH BEND TO AMEND DOCUMENTS RELATING TO ITS ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1985, INLAND DISTRIBUTING CORPORATION PROJECT, AND APPROVING AND AUTHORIZING OTHER ACTION IN RESPECT THERETO. This bill had first reading. Council Member Luecke indicated there had been a request to suspend the rules and have public hearing on this bill. He asked the petitioner's attorney to explain the reason. Kevin Butler, attorney, indicated this bill would authorize the first amendment to the Loan Agreement for the City of South Bend Economic Development Revenue Series 1985 Bond. He indicated this would allow the sale of the Inland Distributing Corporation Project to Sturgis Iron & Metal Co., Council Member Luecke made a motion to suspend the rules and have public hearing and third reading on this bill, seconded by Council Member Kelly. The motion carried on a roll call vote of nine ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kevin Butler, attorney, made the presentation for the bill. Comments and questions were heard and answered. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. BILL NO. 45 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Parks and Recreation Committee and set it for public hearing and third reading on May 9, seconded by Council Member Ladewski. The motion carried. BILL NO. 46 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3445 LINCOLN WAY WEST IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to recommend this bill to Area Plan, seconded by Council Member Slavinskas. The motion carried. 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 erk���4� / '" r� 4:44 ' .- — // Ism