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HomeMy WebLinkAbout12-10-90 Council Meeting Minutes127 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, December 10, 1990, 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, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Voorde 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 November 26, 1990 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s /Thomas Zakrzewski /s /Ann Puzzello Council Member Coleman made a motion that the minutes of the November 26, 1990, meeting of the Council be accepted and placed on file, seconded by Council Member Voorde. The motion carried. SPECIAL BUSINESS Council President Zakrzewski stated that Sandy Combs and Roman Piasecki have been reappointed to the Redevelopment Commission. Council Member Puzzello stated that Ed Baer has been reappointed to the Human Rights Commission. Council President Zakrzewski stated that the next Council Meeting will be January 14, 1990. 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 December 10, 1990, at 7:10 p.m., with nine members present. Chairman Coleman presiding. BILL NO. 68 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 321 SOUTH TUXEDO DRIVE, 2325 EAST JEFFERSON BLVD. AND 2329 EAST JEFFERSON BLVD., 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 stated that the Zoning & Vacation Committee met on this bill and send it to Council with no recommendation. John Byorni, Planner Area Plan Commission gave the staff report. Richard Morgan, Attorney, Barnes & Thornburg, 600 1st Source Bank Bldg. made the presentation for the petitioners Drs. McGregor, Strefling & Assoc. He read into the record a letter addressed to Mr. Richard Doolittle, Cressy Everett Commercial Company, Mishawaka, IN 46545; Re: Properties located at East Jefferson Blvd. and Tuxedo Drive, South Bend, Indiana; Dear Mr. Doolittle: Per your request of October 12, 1990, I inspected the properties located at East Jefferson Blvd. and Tuxedo Drive, South Bend, Indiana. The purpose of the inspection was to determine the potential affect, if any, of a professional office development proposed for the subject site, on the surrounding real property. The surrounding properties include the following uses: 1.) To the south across Jefferson Blvd, is the St. Anthony Catholic Church and school complex, and the Blackwood Apartments. 2.) To the west is Cole & Associates Professional Architects and Engineers. 3.) To the east across Tuxedo is the Michiana Community Hospital Complex. 4.) To the north are single family houses. It has been my experience that a low profile professional building, such as the one proposed, has no measurable affect on residential properties, and can in fact compliment an area, with proper design. This would appear to be the case in this situation. Furthermore, St. Joseph County has successfully utilized and "O" Office type zoning, similar to the proposed subject use, to buffer residential areas from more intense uses. It is my opinion that the highest and best use for the subject site is the proposed professional office use. It will compliment the area, offer a buffer to the residential area to the north, and conform well to existing uses along Jefferson Blvd. Respectfully, Bernard F. Diedrich, CRS, CCIM 128 IlF-- MFFT- T -NE:- . - - . _ _. _..__ _ __- . DECEMBER -10: -- 1 -9 9(1 Mr. Morgan also read into the record a letter addressed to the South Bend Common Council; It reads as follows: My wife and I reside at 309 S. Tuxedo Drive and would like to inform the Council Members that we support the rezoning for Drs. MacGregor /Strefling Associates. Our area is no longer residential in character and we feel we would have a difficult time selling our home for single family use. Sincerely, Ervin & Henrietta Lodyga. Mr. Morgan also read into the record a letter addressed to the South Bend Common Council; It reads as follows: I Lou Ann Miltenberger am writing in regards to location and the service I have received from my doctors, Strefling, MacGregor & Associates. During my pregnancy, my doctors were always there, just a few steps away from me. My last two months of pregnancy was complicated. Due to early labor pains. Each time I went to the hospital to be checked, my doctors were either in the hospital or in there office and came running to the O.B. floor to take care of me. It is very important to a mother to be, to have that kind of comfort is something should go wrong. Knowing that one of them would always be there. Many times for my office visits, my doctors would be late or have to leave the office to go to the hospital for a patient. I understood, because at one time, I was one of those patients who appreciated the fact of how close they were to the hospital. No driving time was involved. They were just one phone call and a few steps away. During my delivery, my doctor was on call for office duty. He was there to make sure I was set up for delivery and then went to the office for other patients. He said he figured it would take awhile due to dilating slowly. Well needless to say, my baby came faster then what was thought and when the nurse said, "She's at 10 call Dr. Lewis ?" Dr. Lewis was there in 5 minutes flat. He left the patients in the office and came to deliver my baby and take care of me. I want to ad that I was more at ease knowing he was gonna be there as soon as he got the word, than if he would have had to come from down town or somewhere else. These doctors only look out for there patients. This is my second child and 12 years ago with my first, they were the same if not better now, in caring for there patients. I was, as many others very lucky to have them right there. Marty Kleva, Cole & Associates, 2211 E. Jefferson Blvd., spoke in favor of the bill. Joe Cohoe, President Michiana Community Hospital spoke in favor of the bill. He stated that outpatient care is more widely used these days, therefore demanding more on hospitals. This demand is the cause for the hospital to expand and therefore move the physicians. Dr. Doug McGregor, 2505 E. Jefferson stated that the rezoning is to allow for relocation close to the Hospital. He stated that this will continue the acute care for his patients. He indicated that with the untimely death of Dr. Strefling, the work load has been heavy. Gail Scott, 1210 Belmont, Representative, Maternal Health Care spoke in favor of the bill. She stated that ob /gyn patients rely on their doctors to be there when they are ready to deliver. She indicated that closeness is a great factor and that locating next to the hospital is vital. Sally Leakins, 2121 Linden Av., Mishawaka, St. Joseph County WIC Director, spoke in favor of the bill. She indicated that the WIC program is located at 1708 High St. The WIC programs helps young women access pre -natal care for those who cannot afford it. Bob Robison, 17777 Ashmont Ct. spoke in favor on behalf of his mother Mable Robison, 2325 Jefferson Blvd. He indicated that the area has changed considerable over the 35 years that his mother has lived there. He stated that this project would not be detrimental to the area. Bill Caldwell, 104 S. Tuxedo, President Swanson Park Improvement Association spoke opposed to the bill. He stated that he is concerned about the quality of the neighborhood. This project would take away from the value of the homes in the area. George Herendeen, 205 First Bank Bldg., Attorney at Law, spoke opposed to the bill. He stated that he is representing the Swanson Park Neighborhood Association. He indicated that the real question here tonight is what is important to the neighborhood. He stated that the line must be drawn at some point in time as to rezoning in residential neighborhoods, and that line must be drawn tonight. He placed on file in the Clerk's Office, petitions with one hundred and eighty nine signatures opposed to the rezoning at 321 S. Tuxedo Dr., 2325 E. Jefferson Blvd., and 2329 E. Jefferson Blvd. Walter J. McAffee, 129 N. Tuxedo, lived at his residents for 30 years. He stated that before the hospital was built that was a residential estate and before Cole & Associates built that was a residential estate. Richard Morgan, Attorney for the petitioners rebutted to the comments mentioned. He commended the Swanson Park Neighborhood Association and Mr. George Herendeen for their efforts to keep their neighborhood. But he stated that the project would not effect the area, and that this project would conform to well to the existing uses along Jefferson Blvd. Kathleen Cekanski - Farrand, City Council Attorney, stated that Council Member Slavinskas' conflict of interest does not effect his eligibility to vote. Council Member Soderberg made a motion to to send this bill to Council unfavorable, seconded by Council Member Luecke The motion carried by a roll call vote of five ayes and 4 nays (Council Members Slavinskas, Coleman, Duda, Zakrzewski.) 129 BILL NO. 72 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO VACATE THE 1ST EAST -WEST ALLEY SOUTH OF MISHAWAKA AVENUE, RUNNING EAST FROM 20TH STREET TO IRONWOOD DRIVE FOR APPROXIMATELY 565 FEET IN DUNN'S 1ST ADDITION WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Council Member Slavinskas made a motion to continue this bill to the January 14, 1990 meeting, seconded by Council Member Voorde. The motion carried. BILL NO. 82 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY DESCRIBED AS PARCEL 1: THE 264.87 ACRES KNOWN AS THE TOLL ROAD INDUSTRIAL PARK LOCATED GENERALLY AT THE NORTHWEST CORNER OF NEW CLEVELAND ROAD AND MAPLE /PORTAGE ROADS; PARCEL 2: THE 489.5 ACRES GENERALLY BOUNDED BY OLIVE ROAD ON THE WEST, THE MICHIANA REGIONAL AIRPORT ON THE EAST, U.S. 20 ON THE SOUTH, AND OLD CLEVELAND ROAD ON THE NORTH, IN CITY OF SOUTH BEND, INDIANA. Council Member Voorde made a motion to amend this bill, seconded by Council Member Niezgodski. The motion carried. Council Member Voorde made a motion to continue this bill to the January 14, 1990 meeting seconded by Council Member Zakrzewski. The motion carried. BILL NO. 94 -90 A BILL OF THE COMMON COUNCIL FOR THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 OF THE SOUTH BEND MUNICIPAL CODE, COMMONLY REFERRED TO AS "SCHEDULE OF ORDINANCE AND CODE VIOLATIONS." 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 Niezgodski stated that the Public Works Committee met on this bill and recommends it to the Council favorable. Council Member Niezgodski, 2nd District Councilman made the presentation on the bill. He indicated that the bill amends the schedule of violations payable through the Ordinance Violations Bureau to reflect the proposed increased fines for violating parking restrictions, as well as to include payment of fines for curfew violations. Council Member Niezgodski made a motion to amend this bill, seconded by Council Member Zakrzewski. The motion carried. Council Member Voorde made a motion to recommend this bill favorable, as amended, seconded by Council Member Luecke. The motion carried. BILL NO. 96 -90 A BILL ANNEXING TO AND BRINING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Bernie Feeney, Lang, Feeney & Associates, 715 S. Michigan St. made the presentation on the bill. He stated that he is representing ROJO Development Inc., and their president A. J. Hickey. He stated that the petitioner is voluntary annexing into the City of South Bend. John Leszczynski, City Engineer stated that the total amount of to be annexed is 22.59 acres. He indicated that the fiscal plan will allow for adequate Police and Fire protection. He also indicated that the Department of Code Enforcement and Park Department are not a problem because of the size of the annexation is so small. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 109 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDRESSING THE AMOUNTS OF BENEFITS TO BE RECEIVED BY SURVIVING SPOUSES OF DECEASED POLICE OFFICERS AND FIREFIGHTERS. 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 Puzzello stated that the Personnel & Finance Committee met on this bill and recommends it to the Council favorable. Ann Puzzello, 4th District Councilman made the presentation on the bill. She indicated that this bill would increase the benefit amount for surviving spouses of deceased police officers and firefighters to forty percent (40 %) of the salary of the first class police office or firefighter. Katherine Humphreys, City Controller spoke in favor of the bill. She commended the Common Council for this bill, and taking the effort to originate such a bill. Robert Snyder, Fire Department Pension Trustee, spoke in favor of the bill. He thanked the Council and the Administration for their efforts in this bill. He stated that his fellow firefighters risk their lives everyday and remembered his fellow firefighters who have passed away. This bill helps the loved ones who are left behind to carry the burden. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Niezgodski. The motion carried. 'e�® There being no further business to come before the Committee of the Whole, Council Member Niezgodski made a motion to rise and report to the Council, seconded by Council Member Duda. The motion.carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 9:10 p.m. Council President Voorde presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8151 -90 AN ORDINANCE OF THE COMMON COUNCIL FOR THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 OF THE SOUTH BEND MUNICIPAL CODE, COMMONLY REFERRED TO AS "SCHEDULE OF ORDINANCE AND CODE VIOLATIONS." This bill had third reading. Council Member Niezgodski made a motion to amend thi: bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8152 -90 AN ORDINANCE ANNEXING TO AND BRINING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Puzzello 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. 8153 -90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDRESSING THE AMOUNTS OF BENEFITS TO BE RECEIVED BY SURVIVING SPOUSES OF DECEASED POLICE OFFICERS AND FIREFIGHTERS. This bill had second reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS 131 RESOLUTION NO. 1826 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 220 S. MICHIGAN TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSE OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR "MICHIGAN ST. BLDG. PARTNERSHIP." 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 particularly described as follows: PARCEL I: Lot numbered Fifty -five (55) as shown on the Original Plat of the Town (now City) of South Bend, St. Joseph County, State of Indiana, the dimensions of said lot being 66 feet fronting on Michigan Street and 165 feet running back from Michigan Street to the East end of said lot. PARCEL II: The North one -half of Lot Numbered Fifty -four (54) as shown on the Original Plat of Town (now City) of South Bend, St. Joseph County, State of Indiana, the dimensions of said parcel being 33 feet fronting on Michigan Street and 165 feet running back from Michigan Street to the East end of said parcel. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and 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 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. 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. Member of the Common Council A public hearing was held on the resolution at this time. William Kalamaras, 8832 W. Dempster, Des Plaines, IL 60016, petitioner made the presentation on the bill. He stated that the proposed project will expand to new market areas a restaurant /nightclub. Council Member Luecke made a motion to amend this resolution, seconded by Council Member Coleman. Council Member Coleman made a motion to adopt this resolution as amended, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. !33 RESOLUTION NO. 1827 -90 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 202 WESTERN AV., AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR "BRIARWOOD SOUTH BEND PARTNERSHIP." 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 202 Western Ave., South Bend, Indiana, and which is more particularly described as follows: Lot 37, 38 and 39 Martins Addition to City of South Bend, Indiana 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 Developemnt has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code Section 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 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 section 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 I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provision of South Bend Municipal Code Section 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment of rehabilitation; C. That 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 redevelopment or rehabilitation; D. 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 E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. 134 1PRim 11 as D1 2A In IM IaPS'Mrs�� SECTION III. The Common Council 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 Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council herby 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 form 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 three (3) 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, said publication providing notice of the public hearing before the Common Council of the proposed confirming of said declaratory. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council on the proposed confirming of said declaration. Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke stated that the Human Resources and Economic Development Committee met on this bill and recommends it to Council favorable, as amended. Council Member Luecke made a motion to amend this resolution, seconded by Council Member Coleman. The motion carried. Thomas McCalley, Briarwood Development, Carmel, IN made the presentation on the bill. He stated that ADT Securities will be the petitioner and they propose to rehabilitate the existing building located at 202 Western Av. He indicated that the project cost is estimated at $150,000. Council Member Luecke made a motion to adopt this resolution, as amended, seconded by Council member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1828 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CLOSING CERTAIN SPECIAL FUNDS AND TRANSFERRING ANY BALANCES THEREIN TO THE GENERAL FUND OF THE CITY OF SOUTH BEND. WHEREAS, there was created by Ordinance No. 3644 -48 a special fund of the City of South Bend known as the Parking Meter Fund (Fund No. 204), deposits therein to be used to regulate traffic and to regulate the use of the streets and highways of the City of South Bend, Indiana, to create and define parking meter zones; monies to be deposited in such fund to be derived from coins deposited in parking meters located within the City of South Bend, and having a balance in said fund of $0.00 as of August 31, 1990; and WHEREAS, there has been established a special fund designated as the Human Rights Commission Fund (Fund No. 206), deposits therein to be expended for activities to prevent discrimination and promote human rights within the City of South Bend, monies to be deposited in said fund to be derived from specific annual property tax levy, and such fund having a balance of 135 -- - t - -- �i I . • , $1,150.90 as of August 31, 1990; and WHEREAS, there was created by Ordinance No. 7037 -82 a special fund known as the Arson Protection Fund (Fund No. 293), deposits therein to be used by the Police and Fire Departments specifically for the purpose of training arson investigators and for the purchase of equipment to be used for arson investigations, monies to be deposited in such fund having been derived from an Arson Protection Assistance Grant provided by the State of Indiana to the City of South Bend Bend, and other money generated by Police and Fire Department arson activities, and having a balance of $72.64 as of August 31, 1990; and WHEREAS, there was created by Ordinance No. 4830 -66 a special fund known as the Industrial Development Fund (Fund No. 296), deposits therein to be used to construct municipal improvements in pursuance of the development of the South Bend Industrial Development Program, monies to be deposited in such fund deriving from a $100,000.00 loan to the South Bend Industrial Development Fund from the State of Indiana, and having a balance of $219.62 as of August 31, 1990; and WHEREAS, there was created by Ordiannce No. 7196 -83 a special non - reverting fund known as the Volunteer Program Fund (Fund No. 297), deposits therein to fund expenditures for costs of a volunteer program designed provide additional expertise and efficiency where limited funds do not allow the City to otherwise acquire these services, monies, to be deposited in such fund to be generated by grants and donations, and having a balance of $6,000.00 as of August 31, 1990; and WHEREAS, there has been established a special fund known as the Economic Development Administration Fund (Fund No. 411), deposits therein to account for expenditures for specific improvement projects, monies to be deposited therein to be derived from federal grants, having a balance of $1,158.00 as of August 31, 1990; and WHEREAS, each of the above - referenced special funds has been dormant and inactive for several years; and WHEREAS, there has been established a special fund known as the Economic Development Administration Fund (Fund No. 411), deposits therein to account for expenditures for specific improvement projects, monies to be deposited therein to be derived from federal grants, and having a balance of $1,158.00 as of August 31, 1990; and WHEREAS, each of the above - referenced special funds has been dormant and inactive for several years; and WHEREAS, the Common Council of the City of South Bend, Indiana has determined that the purpose of each of the above- referenced funds has been met, and that it is in the best interest of the City of South Bend that said funds be closed and any monies remaining on deposit therein be transferred to the General Fund of the City of South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. That the below - listed funds of the City of South Bend, Indiana should be, and hereby are, declared dormant: FUND BALANCE #204 - Parking Meter Fund $ 0.00 #206 - Human Rights Commission Fund $1,150.00 #293 - Arson Protection Fund $ 72.64 #296 - Industrial Development Fund $ 219.62 #297 - Volunteer Program Fund $6,000.00 #411 - Economic Dev. Administration Fund $1,158.00 l36 - - - - -- -- -- - -- - __ -_... _. _.- nar_ur a- n- _nrtFFmT -nrr_ ______ _.__ _— —..__— I1F.�EMRFR- (1__._.9-gq 2. That the purpose of each of the above - listed funds of the City of South Bend, Indiana has been met. 3. That the above - listed funds should be closed, and any monies on deposit therein should be, and the same hereby are, transferred into the General Fund of the City of South Bend, Indiana. This resolution shall be in full force and effect from and after its adoption by the Council and approved by the Mayor. Member of the Common Council A public hearing was held on the resolution at this time. Katie Humphreys, City Controller made the presentation on the bill. She indicated that the resolution requests that certain funds be closed with the balances transferred to the General Fund. She stated that during the most recent audit, the State Board of Accounts reviewed dormant funds and recommended that the City eliminate several of them. She stated that the total amount to be transferred as miscellaneous revenue into the General Fund is $8,601.16. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1829 -90 A RESOLUTION OF THE COMMON COUNCIL DETERMINING, AFTER INVESTIGATION, THAT THE LEASE /PURCHASE ACQUISITION OF A MUNICIPAL SERVICES FACILITY IS NEEDED. WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on December 3, 1990, received a petition signed by fifty (50) taxpayers, of the City of South Bend, requesting that the Board acquire a vehicle maintenance facility by entering into a lease /purchase agreement with Liberty National Leasing Compnay, of Louisville, Kentucky, for a term of ten (10) years, with the cost of land acquisition and renovation of said facility by said corporation not to exceed two million dollars ($2,000,000.00) and WHEREAS, the Board also received, on December 3, 1990, 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 /purchase agreement for a structure, that the Common Council, after investigation, determine that the structure is needed. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND COMMON COUNCIL, AS FOLLOWS: 1. That the Common Council has conducted a public hearing on this resolution, and has heard persons desiring to speak in favor and opposed to the adoption of this resolution. 2. That the Common Council finds that the current municipal services facility located at 701 West Sample Street, in the City of South Bend, is plagued by structural and operational problems, the most serious of which is an inadequate ventilation and exhaust system which contributes to a substandard work environment for the City's equipment services personnel, and is otherwise inadequate to serve the needs of the City's vehicle maintenance division. 3. That the most efficient and cost effective allocation of resources warrants the relocation of the City's vehicle repair and maintenance operations from said vehicle maintenance facility to a new facility that is both adequately sized to house all of the City's vehicle repair and maintenance operations, and which shall be properly ventilated and otherwise equipped. 4. That the City owns an adequately sized facility at 1045 West Sample Street, formerly known as the National Mill Supply Warehouse which facility can and should be renovated to accommodate the City's vehicle maintenance needs. 5. That on the 3rd day of December, 1990, 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 it acquire a vehicle maintenance facility by entering into a lease /purchase agreement with Liberty National Leasing Company, of Louisville, Kentucky, for a term of ten (10) years, with the cost of land acquisition and renovation of said facility by said corporation not to exceed two million dollars ($2,000,000.00). 6. That on the 3rd day of December, 1990 the Board certificate signed by the St. Joseph County Auditor, and the signatories of the petition are taxpayers of corporate limits of the City of South Bend. of Public Works received a certifying that the verifier property located within the 7. That on the 3rd day of December, 1990, plans, specifications and cost estimates for the renovation of the facility at 1045 West Sample as a centralized vehicle maintenance facility were filed with the Board of Public Works. 8. That having heard all speakers at the presentation and hearing on this resolution on this 10th day of December, 1990, 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 South Bend Common Council hereby finds, pursuant to I.C. 36- 1 -10 -7 (2), that the acquisition of a vehicle maintenance facility by lease /purchase, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor, is needed. 9. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council A public hearing was held on the resolution at this time. Jenny Pitts - Manier, _ Assistant City Attorney, made the presentation on the bill. She indicated that the resolution states that it is necessary to lease /purchase the vehicle maintenance facility. She stated that this resolution is another step in the process of acquiring and renovating the property located at 1045 W. Sample St., to be used as a centralized vehicle maintenance facility. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 110 -90 A BILL APPROPRIATING $51,000.00 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SOUTH BEND HUMAN RIGHTS COMMISSION OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR BEGINNING SEPTEMBER 22, 1990 AND ENDING SEPTEMBER 21, 1991. This bill had first reading. Council Member Coleman made a motion to set this bill for third reading and public hearing January 14, 1991, seconded by Council Member Duda. The motion carried. 17 1,38 BILL NO. 111 -90 A BILL APPROPRIATING REVENUE IN THE AMOUNT OF $1,180.86 FROM THE FAIR HOUSING CONFERENCE HELD IN APRIL 1990. This bill had first reading. Council Member Coleman made a motion to set this bill for third reading and public hearing January 14, 1991, seconded by Council Member Duda. The motion carried. BILL NO. 112 -90 A BILL TRANSFERRING $3,400.00 AMONG ACCOUNTS WITHIN THE SOUTH BEND HUMAN RIGHTS COMMISSION FROM THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. This bill had first reading. Council Member Coleman made a motion to set this bill for third reading and public hearing January 14,'1991, seconded by Council Member Luecke. The motion carried. BILL NO. 113 -90 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF ST. PETER ST., LOCATED BETWEEN THE NORTH RIGHT -OF -WAY LINE OF HOWARD ST. AND A LINE LOCATED 66 FEET NORTH OF SAID RIGHT -OF -WAY LINE, WHICH EXTENDS FROM THE NORTHEAST PROPERTY CORNER OF PARCEL DESCRIBED BY ST. JOSEPH COUNTY TAX KEY NUMBER 18 -5104- 3661.01 TO THE NORTHWEST PROPERTY CORNER OF PARCEL DESCRIBED BY KEY NUMBER 18- 5104 - 3661. THE PORTION OF THE ALLEY TO BE VACATED IS APPROXIMATELY 66 FEET IN LENGTH BY 14 FEET IN WIDTH. This bill had first reading. Council Member Puzzello made a motion to set this bill for third reading and public hearing January 14, 1991, seconded by Council Member Luecke. The motion carried. UNFINISHED BUSINESS NEW BUSINESS Reports from Area Plan: Bill No. 83 -90 Rezone - Northeast Corner of Cleveland & Portage Roads Bill No. 87 -90 Rezone - Southwest Corner of Grant and Mayflower Roads Bill No. 97 -90 Amend Code Ch 21 Zoning Add New Section 21- 11.1(b) and 21 -89.5 Council Member Coleman made a motion to set the above mentioned bill for second and third reading January 14, 1991, seconded by Council Member Luecke. The motioned carried. Bill No. 98 -90 Rezone - Northwest Corner of New Cleveland Road & Maple /Portage Roads. Council Member Slavinskas made a motion to strike the above mentioned bill, seconded by Council Member Niezgodski. The motion carried. PRIVILEGE OF THE FLOOR 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 Soderberg. The motion carried and the meeting was adjourned at 9:45 p.m. ATTEST: APPROVED: 4 City Clerk