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HomeMy WebLinkAbout11-14-94 Council Meeting MinutesREGULAR MEETING NOVEMBER 14, 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, November 14, 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, Kelly, Slavinskas, Puzzello, Zakrzewski, Coleman, Duda, and Ladewski Absent: Council Member Washington 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 October 24, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Ann Puzzello /s/ Eugene Ladewski Council Member Coleman made a motion that the minutes of the October 24, 1994, meeting be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2185 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE MEMORY OF CORPORAL THOMAS J. DeRUE, SR. WHEREAS, the Common Council of the City of South Bend, Indiana, hereby wishes to honor the memory of Police Officer Thomas J. DeRue, Sr.; and WHEREAS, Thomas J. DeRue, Sr., born on June 24, 1946, officially jointed the South Bend Police Department on September 1, 1968, under Thomas McNaughton, Chief of Police; and WHEREAS, Thomas J. DeRue, Sr., was promoted to the rank of Corporal by the Board of Public Safety on September 1, 1973, upon the recommendation of Robert Urban, Chief of Police; and WHEREAS, Corporal DeRue was an active member of the Police Honor Guard, and the PAL Program where Police Officers played baseball with the youth of our City; and WHEREAS, Corporal DeRue received from Police Chiefs Thomas McNaughton, Loren M. Bussert and Robert J. Urban an extraordinary number of police Commendations in his six (6) years of exemplary service on the South Bend Police Department, with twelve (12) such Commendations being presented on: April 17, 1969 June 17, 1969 November 24, 1969 September 16, 1970 November 27, 1970 September 30, 1971 May 23, 1973 September 25, 1973 January 23, 1974 February 15, 1974 February 25, 1974 June 6, 1974 WHEREAS, Corporal Thomas J. DeRue, Sr., was fatally wounded on November 14, 1974, during a confrontation with an armed robbery suspect while responding to a dispatch of a robbery in progress alarm in the 100 Block of West Colfax Avenue; and WHEREAS, Corporal Thomas J. DeRue, Sr., at the age of 28 years, made the ultimate sacrifice for the City of South Bend and its citizens, while in the line of duty as a South Bend Police Officer; and WHEREAS, the South Bend Common Council wholeheartedly endorses the City's dedication of "DeRue Court" named in honor and memory of CORPORAL THOMAS J. DeRUE, SR. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates the memory of CORPORAL THOMAS J. DeRUE, SR., on the 20th anniversary of his ultimate sacrifice to serve and protect the citizens of the City of South Bend. SECTION II. The South Bend Common Council proudly honors the widow of Corporal DeRue, Patricia DeRue- Nemeth, who is an Internal Operations Officer at Policemen's Federal Credit Union, and Thomas J. DeRue, Jr., who is a sophomore at Indiana University at Bloomington majoring in Political Science and English, with plans for law school upon graduation. SECTION III. The South Bend Common Council especially recalls this outstanding Day Shift Corporal of the South Bend Police Department who will always be remembered for always taking the time to talk and play with children; and being a role model as a Police Officer, citizen, and family member. REGULAR MEETING NOVEMBER 14, 1994 SECTION IV. In tribute to the memory of CORPORAL THOMAS J. DeRUE, SR., the City of South Bend through the South Bend Common Council hereby declares and designates the week of November 14th as CORPORAL THOMAS J. DeRUE, SR. WEEK in South Bend, Indiana. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke, 1st District Cleo Washington, 2nd District Roland Kelly, 3rd District Ann Puzzello, 4th District ATTEST: Irene K. Gammon, City Clerk Linas Slavinskas, 5th District Thomas Zakrzewski, 6th District Sean Coleman, At Large Loretta Duda, At Large Eugene Ladewski, At Large Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Ladewski read the resolution. He indicated Corporal Eugene Eyster had initiated a letter to the Board of Works asking for recognition of the twentieth anniversary of Corporal Thomas DeRue, Sr., death. Corporal Eugene Eyster, spoke in favor of this resolution. Police Chief Ron Marciniak urged the passage of this resolution. Council Member Ladewski presented the resolution to the widow, Patricia DeRue- Nemeth. She thanked the Council, as well as expressed here son's thanks, for this resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution passed by a roll call vote of eight ayes. RESOLUTION NO. 2186 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SALUTING THE CONVENTION AND VISITORS BUREAU OF SOUTH BEND /MISHAWAKA WHEREAS, the Common Council notes that travel and tourism spending in St. Joseph County contributed more than $239 million to the county's economy in 1993; and WHEREAS, more than 5,400 area residents are employed in jobs directly attributable to the travel industry in our country; and WHEREAS, more than 8,600 area jobs are indirectly attributable to the travel industry; and WHEREAS, resident income in the travel industry amounted to more than $71 million; and WHEREAS, traveler spending generated more than $13 million in local government revenue helping fund education, road repairs and other vital services; and WHEREAS, travelers spending also generated more than 23 million in state revenue; and WHEREAS, St. Joseph County enjoys 5.45 percentage of the state's travel industry market share. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly congratulates and recognizes the Convention & Visitors Bureau of South Bend /Mishawaka for its major efforts and leadership that continue the county -wide growth of this industry which benefits the City of South Bend and all of our residents. SECTION II. The Common Council publicly acknowledges that the travel and tourism industry in St. Joseph County is a vital part of the economy. 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 Linas Slavinskas, 5th District Thomas Zakrzewski, 6th District Sean Coleman, At Large REGULAR MEETING Ann Puzzello, 4th District ATTEST: Irene K. Gammon, City Clerk Loretta Duda, At Large Eugene Ladewski, At Large Joseph E. Kernan, Mayor NOVEMBER 14, 1994 A public hearing was held on the resolution at this time. Council Member Ladewski read the resolution, and presented it to Margaret Filchak, Director of the Chamber's Convention and Tourism Bureau. She indicated that tourism is now the largest industry in the country. She indicated the spending in the County should reach $1 billion by 2010. 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 eight ayes. CITY REPORTS Fire Chief Luther Taylor gave a report of the Department's accomplishments in 1994, as well as EMS revenue update; confined space rescue update; and hiring status update. 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 at 7:37 p.m., with eight members present. Chairman Kelly presiding. BILL NO. 87 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2610 PRAIRIE AVENUE, 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 Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. 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, gave the Commission report, which was favorable. Ken Fedder, attorney, made the presentation for the bill. He indicated they were requesting this zoning in order to upgrade the existing non - conforming use to accommodate parking, fencing and drainage. He indicated the Code Enforcement Department reports that they are in compliance with existing City Code. Mark Thielke, 2526 Prairie, showed pictures of the restaurant. He indicated they were not in compliance with City code. Donald Cormican, 2637 Prairie, spoke against this zoning. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Luecke. The motion carried. BILL NO. 89 -94 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING CERTAIN WAGERING FACILITIES AS AN EXCEPTION IN THE "C" COMMERCIAL AND "D" LIGHT INDUSTRIAL ZONING DISTRICTS, AND MAKING CERTAIN OTHER RELATED REVISIONS A public hearing was held on the resolution at this time. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas made a motion to amend the substitute bill in Section III, (e) by deleting the comma and the rest of the paragraph after the word Bend, seconded by Council Member Coleman. The motion carried. John Byorni, Area Plan, gave the Commission report, which was favorable. Council Member Luecke made the presentation for the bill. He indicated he did not want off -track betting in South Bend, however, since it was legal it should be regulated. He indicated this bill would give the City some control over where an off -track betting parlor could be located. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 91 -94 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 310 WEST MONROE STREET IN THE CITY OF SOUTH BEND, INDIANA Council Member Slavinskas made a motion to continue this bill until December 19, seconded by Council Member Coleman. The motion carried. BILL NO. 100 -94 A BILL APPROPRIATING $210,700.00 FROM AND AMONG THE LOCAL ROAD AND STREET FUND FOR THE NIMTZ PARKWAY PHASE III AND STREET MAINTENANCE AND REPAIR PROJECTS 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. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this bill appropriated money from the Local Road and Street Fund to the Nimtz Parkway Phase III Project. He indicated REGULAR MEETING NOVEMBER 14, 1994 unused funds from the Ironwood Widening Project would be transferred into this project. Council Member Slavinskas made a motion to amend the bill in the increase section to correct the total to read $210,700, seconded by Council Member Coleman. The motion carried. Joyce Boaler, 1606 Hillsdale, indicated they were taking money away from the Ironwood Project and donating it to the golfers. Mr. Leszczynski indicated this transfer of funds will not delay the Ironwood Project. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member coleman. 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: ATTEST: City Clerk hairman 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 8:15 P.M. Council President Puzzello presiding, and eight members present. BILLS, THIRD READING ORDINANCE NO. 8547 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2610 PRAIRIE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to pass this bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8548 -94 A BILL AMENDING AND SUPPLEMENTING MUNICIPAL CODE OF THE CITY OF AMENDED, BY ADDING CERTAIN WA, EXCEPTION IN THE "C" COMMERCIAL ZONING DISTRICTS, AND MAKING REVISIONS. CHAPTER 21, ZONING, OF THE SOUTH BEND, INDIANA, AS 3ERING FACILITIES AS AN AND "D" LIGHT INDUSTRIAL CERTAIN OTHER RELATED 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 Coleman made a motion to pass this bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8549 -94 A BILL APPROPRIATING $210,700.00 FROM AND AMONG THE LOCAL ROAD AND STREET FUND FOR THE NIMTZ PARKWAY PHASE III AND STREET MAINTENANCE AND REPAIR PROJECTS 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 Coleman made a motion to pass this bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2187 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 2 TOLL ROAD INDUSTRIAL PARK PHASE TWO, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR TOLL ROAD INDUSTRIAL PARTNERS II 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 2 Toll Road Industrial Park Phase Two, and which is particularly described as follows: That part of the northeast quarter of Section 21, T. 38 N., R. 2 E., German Township, City of South Bend, St. Joseph County, Indiana which is described as: beginning at a point which is S. 88 degrees- 53'01" W., 466.92 ft. from a point on the cast line of said section which is S. 01 degrees- 00'21" E., 187.15 ft. from the east quarter post of said section; thence S. 88 degrees- 53'01" W., 463.00 ft.; thence N. 00 degrees- 59' -02" W., 480.00 ft.; thence No. 88 degrees-52'-l-" E., 463.00 ft. to the west line of William Richardson Court; thence along said west line and a 60.00 ft. radius curve to the left an arc distance of 81.35 ft. to the end of a chord which bears S. 39 degrees- 48'56" E. and having a distance of 75.24 ft.; thence S. 52 degrees- 08 " -46" W., 58.98 ft.; thence S. 00 degrees 59'02" E., 386.12 ft. to the point of beginning. Containing 5.1378 acres. REGULAR MEETING NOVEMBER 14, 1994 with said real estate having the following Key No. 25- 1013 -0218 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 manager for Holladay Corp., they planned to construct a as a regional distribution made a motion to adopt th resolution was adopted by a on the resolution at this time. Frank Perri, a project made the presentation for the resolution. He indicated facility at a cost of $3 million dollars, that will serve center for Tech Data Corporation. Council Member Kelly Ls resolution, seconded by Council Member Luecke. The roll call vote of eight ayes. RESOLUTION NO. 2188 -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 2920 W. SAMPLE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR PETERSEN PRINTING CORPORATION: DBA PETERSEN GRAPHICS GROUP 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 2920 W. Sample South Bend, Indiana, and which is more particularly described as follows: Situate in St. Joseph County, in the State of Indiana A lot or parcel of land in the Northwest Quarter of the Northwest Quarter of Section Fifteen (15), Township Thirty -Seven (37) North, Range Two (2) East, described as follows, to -wit: Beginning on the South line of Sample Street in the City of South Bend, Indiana, at a point 330 feet East and 35 feet South of the Northwest corner of said Section 15; thence East along the South line of Sample Street 400 feet; thence South a distance of 536.78 feet more or less to the Northerly right -of -way line of the New Jersey, Indiana and Illinois Railroad; thence southwesterly along said Northerly right -of -way line of the New Jersey, Indiana and Illinois Railroad 437.58 feet more or less to a point due South of the place of beginning; thence North 714.1 feet more or less to the place of beginning. ALSO, a lot or parcel of land in the Northwest Quarter of Section of Section Fifteen (15), Township Thirty -Seven (37) North, Range Two (2) East in the City of South Bend, St. Joseph County, Indiana, described as beginning 35 feet South and 165 feet East of the Northwest Corner of Section 15, Township 37 North, Range 2 East, which beginning point is on the South line of Sample Street; thence East (bearing assumed) 165 feet along the South lines of said Sample Street; thence South zero degrees 04 minutes West 714.01 feet to the Northerly right -of -way line of the New Jersey, Indiana and Illinois Railroad right -of -way; thence South 65 degrees 59 minutes 50 sections West 251.6 feet along said Northerly right -of -way; thence North zero degrees 02 minutes 50 sections East 587.24 feet to a point 229 feet South and 65 feet West of place of beginning; thence North 89 degrees 50 minutes 50 seconds East 65 feet; thence North zero degrees 02 minutes 50 seconds East 29 feet to place of beginning. EXCEPTING THEREFROM, a parcel of land being a part of the Northwest Quarter of Section Fifteen (15), Township Thirty -Seven (37) North, Range Two (2) East in the REGULAR MEETING NOVEMBER 14, 1994 City of South Bend, St. Joseph County, Indiana, described as follows: Starting at a point 35 feet South and 165 feet East of the Northwest corner of Section 15, Township 37 North, range 2 East which point is on the South line of East Sample Street; thence South 0 degrees 2 minutes 50 seconds West, 229 feet to the true point of beginning for this description; thence continuing as an extension to the last described line South 0 degrees 2 minutes 50 seconds to the Northerly right -of -way line of the Norfolk and Western Railroad (N.J.I. and I.R.R.); thence South 65 degrees 59 minutes 50 seconds West in a Southwesterly direction along the railroad right -of -way to a point which is 109.4 feet Northeasterly as measured on said railroad right -of -way from the West line of Section 15, Township 37 North, Range 2 East, 587.24 feet to a point (which point is 264 feet South and 100 feet East of the Northwest corner of said Section 15); thence North 89 degrees 50 minutes 50 seconds East, 65 feet to the point of beginning. Subject to legal highways. and this property has Key Numbers 18 8075 282401 and 18 8075 282404, 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 REGULAR MEETING NOVEMBER 14, 1994 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 Committee had met on this resolution and recommended it to the Council favorable. Marc Petersen, president of Petersen Printing, made the presentation for the resolution. He indicated they were asking for abatement in order to purchase 2.9 million dollars worth of new equipment. He indicated they would add six to eight new employees. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution passed by a roll call vote of eight ayes. RESOLUTION NO. 2189 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION THAT THE LEASE OF PROPERTY AT 504 NORTH JOHNSON STREET, SOUTH BEND, INDIANA, FOR A NEIGHBORHOOD PARTNERSHIP CENTER IS NEEDED WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on November 7, 1994, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 504 North Johnson Street, South Bend, Indiana, as space for a Neighborhood Partnership Center, by entering into a lease agreement with St. Stanislaus Catholic Church for a term of one year with a one year option to renew upon agreement of the parties, with an annual rental not to exceed Four Thousand Two Hundred Dollars ($4,20.00) in the first year and if the option year is exercised by the parties, the annual rental shall not exceed Four Thousand Two Hundred Dollars ($4,200.00); and WHEREAS, the Board received, on November 7, 1994, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1- 10 -7(2) requires, prior to the Board of Public Works entering into a lease agreement for said premises, that the Common Council, determine that the premises are needed and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. That the Common Council is desirous of establishing a neighborhood center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3. That this property at 504 North Johnson Street, South Bend, Indiana, contains approximately 1,000 square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4. That on the 7th day of November, 1994, a Petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 504 North Johnson Street, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with St. Stanislaus Catholic Church for a term of one (1) year with a one (1) year option to renew upon agreement of the parties, with an annual rental for said premises not to exceed Four Thousand Two Hundred Dollars($4,200.00) in the first year and an annual rental not to exceed Four Thousand Two Hundred Dollars ($4,200.00) if the option year is exercised by the parties. 5. That on the 7th day of November, 1994, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend. 6. That on the 7th day of November 1994, a proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein. 7. That having heard all speakers at the presentation and hearing on this Resolution on the 7th day of November, 1994, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigation, discussions, and consideration by individual Council members, the Common Council of the City of South Bend hereby finds, pursuant to I.C. 36 -1 -10- 7(2) that the lease of property at 504 North Johnson Street as a Neighborhood Partnership Center, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor is needed. REGULAR MEETING NOVEMBER 14, 1994 8. This resolution shall be in full force and effect from and after it 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. John Broden, Assistan City Attorney, made the presentation for the resolution. He indicated this lease wa for a neighborhood center to be located at 504 N. Johnson. He indicated St Stanislaus Church was leasing us space at an annual rental of $4,200.00. discussion was held on some of the wording in the lease which some of the Counci members felt was too restrictive. Council Member Coleman made a motion to adopt thi resolution, seconded by Council Member Ladewski. The resolution was adopted by roll call vote of six ayes and two nays (Council Members Slavinskas and Zakrzewski.) RESOLUTION NO. 2190 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE STATES GOVERNMENT, DEPARTMENT OF HOUSING AND DEVELOPMENT, APPLICATION FOR 1995 COMMUNITY DEVEL BLOCK GRANT AND EMERGENCY SHELTER GRANT FUNDS. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief ExecutivF Officer of the City and is the applicant for Community Development Block Grant Fund: and for Emergency Shelter Grant Funds available through the U.S. Department o: Housing and Urban Development (HUD). NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the Mayor of the City of South Bend, Indiana is hereb authorized to submit, to HUD, the 1995 Community Development Block Grant applicatio under Title I of the Housing and Community Development Act of 1974, as amended; t submit the 1995 Emergency Shelter Grant application under Title IV of the Stewart B McKinney Homeless Assistance Act; and to take all other necessary actions to secur these funds. SECTION II. That the Common Council of the City of South Bend, Indiana he requests that the Mayor submit the 1995 Community Development Block Grant Emergency Shelter Grant applications to the Common Council for review and com prior to the date upon which the Community Development Block Grant and Emerg Shelter Grant applications must be filed with HUD. SECTION III. That the Common Council of the City of South Bend, Indiana he requests that the Mayor submit the 1995 Community Development Block Grant Emergency Shelter Grant funds received upon approval of this application. SECTION IV. That this Resolution shall be in full force and effect from 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. Beth Leonard, Econa Development, made the presentation. She indicated this resolution would allow City to submit concurrently with Mishawaka and the County an application to HUD the City's Community Development Block Grant and Emergency Shelter Grant entitlem programs. Council Member Kelly made a motion to adopt this resolution, seconded Council Member Ladewski. The resolution was adopted by a roll call vote of ei ayes. BILLS, FIRST READING BILL NO. 101 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HI LANDMARK FOR THE BUILDING LOCATED AT 320 WEST JEF BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bi: to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 102 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS ' BE VACATED ARE DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH i VACATED E. SORIN ST. FROM THE WEST RIGHT -OF -WAY LINE OF N. NIL] AVE. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALL: (NEDDO CT.) WEST OF N. NILES AVE. FOR A DISTANCE OF APPROXIMATE: 179 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALSO, THE SECO1 EAST -WEST ALLEY NORTH OF VACATED E. SORIN ST. FROM THE WE RIGHT -OF -WAY LINE OF N. NILES AVE. TO THE WEST RIGHT -OF -WAY LI] OF THE FIRST VACATED NORTH -SOUTH ALLEY (NEDDO) CT.) WEST OF ] NILES AVE. FOR A DISTANCE OF APPROXIMATELY 179 FEET AND A WID' OF APPROXIMATELY 14 FEET. ALSO, THE FIRST NORTH -SOUTH ALL: (NEDDO CT) EAST OF N. NILES AVE. FROM THE SOUTH RIGHT -OF -WAY LI: OF THE FIRST EAST -WEST ALLEY NORTH OF VACATED E. SORIN ST., SOU' FOR A DISTANCE OF APPROXIMATELY 60 FEET AND A WIDTH APPROXIMATELY 14 FEET. PART SITUATED IN COQUILLARD'S ADDITION THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING NOVEMBER 14, 1994 This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on November 28, seconded by Council Member Slavinskas. The motion carried. BILL NO. 103 -94 A BILL TO VACATE THE FIRST EAST -WEST ALLEY NORTH OF E. ST. VINCENT ST. FROM THE EAST RIGHT -OF -WAY LINE OF N. GEORGIANA ST. FOR A DISTANCE OF APPROXIMATELY 248 FEET AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on November 28, seconded by Council Member Slavinskas. The motion carried. BILL NO. 104 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE BUILDING LOCATED AT 534 LA PORTE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Duda made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 105 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 128 E. SOUTH STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 106 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1722 E. EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 107 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 712 NORTH NILES AVENUE, THE SOUTH HALF OF VACATED HAGERTY STREET BETWEEN NILES AVENUE AND THE ST. JOSEPH RIVER AND LOTS 4,5,6,7,8 AND 9 AS SHOWN ON THE RECORDED PLAT OF ALEXIS COQUILLARD'S FIRST ADDITION TO THE CITY OF SOUTH BEND, INDIANA, TOGETHER WITH ALL VACATED ALLEYS AND STREETS ADJACENT THERETO This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 108 -94 A BILL APPROPRIATING $99,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM FOR PROGRAM YEAR BEGINNING JANUARY 1, 1995 This bill had first reading. Council Member Kelly made a motion to refer this bill to the Community and Economic Development Committee, and set it for public hearing and third reading on November 28, seconded by Council Member Coleman. The motion carried. BILL NO. 109 -94 A BILL APPROPRIATING $130,000 WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DIVISION OF REDEVELOPMENT FOR PROGRAM YEAR 1995 BEGINNING JANUARY 1, 1995 This bill had first reading. Council Member Kelly made a motion to refer this bill to the Community and Economic Development Committee, and set it for public hearing and third reading on November 28, seconded by Council Member Coleman. The motion carried. BILL NO. 110 -94 A BILL APPROPRIATING $369,453 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR BEGINNING JANUARY 1, 1995 This bill had first reading. Council Member Kelly made a motion to refer this bill to the Community and Economic Development Committee, and set it for public hearing and third reading on November 28, seconded by Council Member Coleman. The motion carried. BILL NO. 111 -94 A BILL APPROPRIATING $3,785,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1995, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT BILL NO. 112 -94 A BILL TRANSFERRING $14,968.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT BILL NO. 113 -94 A BILL TRANSFERRING $77,209 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REGULAR MEETING NOVEMBER 14, 1994 These bills had first reading. Council Member Kelly made a motion to refer the bills to the Community and Economic Development Committee, and set them for public hearing and third reading on November 28, seconded by Council Member Coleman. The motion carried. BILL NO. 114 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 515 CARROLL STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 115 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ONE HUNDRED SEVENTY THOUSAND DOLLARS ($170,00) FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND This bill had first reading. Council Member Coleman made a motion to refer this bill to the Community and Economic Development and set it for public hearing and third reading on November 28, seconded by Council Member Ladewski. The motion carried. PRIVILEGE OF THE FLOOR Joyce Boaler, 1606 Hillsdale, spoke in favor of retiring policemen and firemen receiving their guns /helmets. 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 Ladewski. The motion carried and the meeting was adjourned at 8:55 p.m. ATTEST: �4yi2 ' (/(i�✓W✓yv�'r� City Clerk ATTEST: