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HomeMy WebLinkAbout01-14-91 Council Meeting MinutesREGULAR MEETING JANUARY 14, 1991 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, January 14, 1991, 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, Duda and Coleman 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 December 10, 1990 and January 7, 1991 meetings of the - Council and found them correct. Therefore, we recommend the same be approved. /s/ Tom Zakrzewski /s/ Ann Puzzello /s /Don Niezgodski Council Member Coleman made a motion that the minutes of the December 10, 1990 and January 7, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1831 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THOMAS ZAKRZEWSKI FOR HIS DEDICATED AND CONSCIENTIOUS SERVICE AS.COUNCIL PRESIDENT DURING THE 1990 CALENDAR YEAR. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that Thomas Zakrzewski was duly elected President of the Council at the first official meeting in January of 1990; and WHEREAS, the Council notes that over the past twelve (12) months, Thomas Zakrzewski has provided the leadership which set a tone for a positive working relationship between the Common Council, the City Administration, and the Citizens of South Bend: and WHEREAS, the Council recognizes with pride that among the many contributions made to our community in 1990, some of the most challenging were the successful Studebaker Corridor Petition Bond Drive, the beginning of the exciting Airport 2010 Project, the very exciting Indiana Association of Cities and Towns Convention held in September, and the positive working agreement negotiations with the Police and Fire Departments: and WHEREAS, the Common Council applauds Council Member Thomas Zakrzewski for a job "well done" and thanks him for a year of dedicated, diligent, and conscientious service as Council President, and for being a caring public servant. 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 South Bend, Indiana, the Common Council publicly commends and thanks Council Member Zakrzewski for a job well done as President of the Council in 1990. SECTION II. The Common Council publicly acknowledges Council Member Thomas Zakrzewski for his fine leadership abilities which helped foster a positive atmosphere for the betterment of our entire community, and congratulates him for abandoning the "State of Bachelorhood ". 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/ Stephen Luecke Luecke, First District /s/ Donald Niezgodski Niezgodski, Second District /s/ William Soderberg Soderberg, Third District ATTEST: /s/ Ann Puzzello Stephen Ann Puzzello, Fourth District /s/ Linas Slavinskas Donald Linas Slavinskas, Fifth District /s/ Sean Coleman William Sean Coleman, At Large /s/ Loretta Duda Loretta Duda, At Large REGULAR MEETING JANUARY 14, 1991 Iren�Gammon, City Clerk Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Niezgodski read the resolution and presented him with a engraved gavel. Mayor Kernan thanked Council Member Zakrzewski for his leadership. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of eight ayes. Council Member Coleman made a motion to suspend the rules and have public hearing on Resolution No. 91 -6, seconded by Council Member Duda. The motion carried on a roll call vote of eight ayes. RESOLUTION NO. 1832 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDRESSING THE TERMS AND CONDITIONS OF EMPLOYMENT OF CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY IN THE PERSIAN GULF OR ACTIVE MILITARY DUTY RELATED TO THE PERSIAN GULF CRISIS. WHEREAS, the invasion of Kuwait by Iraq in August, 1990, led to the deployment of military personnel to the Persian Gulf by the United States and other allied governments; and WHEREAS, both active duty and 'reserve members of the various branches of the Armed Forces of the United States and National Guard, including the Indiana National Guard, have been called up to serve in the Persian Gulf, to ready themselves for service in the Persian Gulf, or to provide assistance to, or assume responsibilities in the military and guard formerly assumed by, those serving in the Persian Gulf; and WHEREAS, among those called to such service or potentially called to such service are employees of the City of South Bend, Indiana; and WHEREAS, various State and Federal Laws provide minimum benefits to be accorded such employees by the City during their terms of active duty; and WHEREAS, the City Council, in conjunction with the City Administration, stands behind and supports, proudly, any and all City employees called to such service, and desires to establish terms and conditions of the employment of those City employees while on active duty related to the Persian Gulf Crisis, which ratify and go beyond the minimum requirements of the law so as to provide for those employees and their families and dependents. NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I - COVERED EMPLOYEES 1. The terms of employment policies embodied within this Resolution apply to all regular full -time City employees and sworn officers called to active duty in the Armed Forces of the United States or Indiana National Guard for service related to the deployment of troops to the Persian Gulf by the United States in response to the Iraqi invasion of Kuwait in August, 1990. ( "Persian Gulf Crisis ") 2. Each covered employee shall be considered as remaining in the employ of the City of South Bend, Indiana in an inactive status while on active duty related to the Persian Gulf Crisis. Each covered employee shall continue in such inactive status until the earlier of ninety (90) days after such time as he or she is honorably discharged from such service, and the date on which he or she resumes active employment with the City. 3. Each covered employee must reapply for active employment with the City within ninety (90) days after such time as he or she is honorably discharged from such service or from hospitalization continuing after such discharge. Upon reapplication, each covered employee, if still qualified to perform the duties of the position he or she held immediately prior to being called to military duty, shall be restored to such position or to a position of like seniority, status, and pay. If any covered employee is not qualified to perform the duties of the position he or she held immediately prior to being called to military duty, by reason of disability sustained during such service, but is qualified to perform the duties of any other position in the employ of the City, he or she shall be offered employment and, if such covered employee so requests, shall be employed in such other position the duties of which the covered employee is qualified to perform as will provide him or her like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his or her case. SECTION II - WAGES AND BENEFITS 1. Each covered employee shall receive thirty (30) days pay at his or her current rate of pay commencing with the day following his or her last day of active employment with the City before reporting for military duty. 2. Each covered employee shall receive compensation at his or her current rate of pay for all unused vacation days accrued by his or her last day or active employment with the City before reporting to military duty. 143 REGULAR MEETING JANUARY 14, 1991 3. Each covered employee shall receive a regular bi- weekly paycheck from the City in an amount equal to the difference between his or her current gross City wage and his or her gross military wage. In no event shall the total of gross City and gross military wages exceed in any calendar year the total gross wages that would have been earned by the covered employee in his or her City position had he or she not been called to active duty. Reconciliation of amounts owed to or by the City shall occur in February, 1992, with adjustments made to the March, 1992, paychecks. Similar reconciliation and adjustment shall occur annually thereafter, as necessary. 4. For purposes of computing the covered employee's gross City wages, each covered employee shall receive that annual increase he or she would have received had he or she not been called to active military duty. 5. Vacation and sick days shall not accrue during such time a covered employee is on active military duty. 6. Time on the job and seniority will accrue during such time the covered employee is on active military duty. 7. Propay benefits will not accrue during such time a covered employee is on active military duty. SECTION III - HEALTH INSURANCE 1. Pursuant to terms of the Basic Disability and Comprehensive Medical Plan ( "the Plan ") governing the terms and conditions of employee health care coverage provided to the City by Benefit Trust Life, City - provided health insurance benefits for each covered employee shall terminate as of the date he or she is activated to military duty, as medical coverage is provided the covered employee by the United States Government. 2. Pursuant to a modification to the Plan, dependents of covered employees with City - provided dependent health care coverage at the time the covered employee reports to active duty, shall remain covered under the Plan pursuant to Plan administration policies while the covered employee is activated to military duty. 3. Pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) as amended, each covered employee and his or her "qualified beneficiaries ", as defined by COBRA, with City - provided health care coverage at the time he or she reports to active duty, may elect to continue such dependent health care coverage upon termination of such coverage, as provided in paragraphs 1 and 2, of this Section. In the case of those covered employees and /or their qualified beneficiaries who elect to continue such dependent health care coverage, the City shall continue to pay the employer portion of the premium, and the covered employees and /or their qualified beneficiaries will bear only their portion of the premium. The City will work with those electing continued health care coverage to facilitate expeditious, convenient payment of the portion of the premium, including arranging for the deduction of that portion of the premium from any paycheck the covered employee may be entitled to receive under Section III hereof. The City shall not charge an administrative fee to the covered employee or his or her dependents for any activities or services undertaken by the City pursuant to this Section. The availability of continuing dependent health insurance coverage, as provided in this Section, is subject to COBRA and all rules, and regulations promulgated thereunder, and interpretations thereof. SECTION IV - PERF 1. It is the City's understanding that, pursuant to I.C. 5- 10.3 -7 and I.C. 36- 8 -5 -7, as applicable, each covered employee shall continue to accrue PERF service credits during his or her period of active duty. Final decision on this matter rests with the respective PERF Board of Trustees. However, the City urges such an interpretation of the respective PERF statues. 2. It is the City's understanding that, pursuant to I.C. 5- 10.3 -7, each covered employee shall accrue such service credits throughout his term of active duty until one hundred twenty (120) days after the termination of active military duty with respect to covered employees who are regular City employees, and within sixty (60) days, with respect to sworn members of the Police and Fire Departments. The final decision on the matter rests with the respective PERF Board of Trustees. However, the City urges such an understanding of the PERF Statute. 3. To the extent allowed by the respective PERF Board of Trustees, the City shall, during each covered employee's term of active military duty, continue to pay its share of PERF for each covered employee based upon the covered employees "compensation ", as provided for in I.C. 5- 10.2 -3 or other relevant statute. To the extent allowed by law and by the respective PERF Board of Trustees, the covered employee may elect to continue or not his PERF contribution. The City shall cooperate with each covered employee to assist in the expeditious, convenient payment of any allowable employee PERF contributions by deducting the same from any paycheck over the covered employee under Section II, hereof, if so desired by the covered employee. SECTION V 1 g d REGULAR MEETING This Resolution shall be in full force and execution by the Mayor. /s/ Donal, Member of /s/ Josep; Joseph E. JANUARY 14, 1991 and effect o its adoption by the Council z odski t Common Council a E. Kernan Kernan, Mayor A public hearing was held on the resolution at this time. Mayor Kernan made the presentation for the resolution. He indicated this resolution would approve employment and benefit guarantees for city workers called up by the military. He indicated the City will pay the difference between their normal wages and military pay; benefits now received by the employee and their dependents will continue; they will be guaranteed a job upon return; and seniority will continue to accrue. Police Lt. Donald Allen, spoke in favor of the resolution. Richard Miller, 226 E. Navarre, spoke in favor of the resolution. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of eight ayes. Council President Niezgodski stated the Council had an appointment to the Century Center Board of Managers open the beginning of February, and any interested in the appointment should send a letter to the Council. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Puzzello. 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 January 14, 1991, at 7:32 p.m., with eight members present. Chairman Duda presiding. 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 Zakrzewski made a motion to continue second reading and public hearing on this bill until January 28, seconded by Council Member Coleman. 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. This being the time heretofore set for public hearing on this 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 Clerk's office, seconded by Council Member Zakrzewski. The motion carried. Council Member Slavinskas indicated the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorably. John Byorni, Area Plan, made the presentation for the bill. He indicated this zoning was initiated by Area Plan in order to assign appropriate zoning to property annexed into the City. He indicated the property contains single family residences and vacant land. He said this property was a part of the Airport 2010 project. Greg Jones, 53384 Olive Rd., questioned a portion of the zoning. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 83 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF PORTAGE ROAD AND CLEVELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas indicated the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorably. John Byorni, Area Plan, gave their report, which was favorable. Jim Cook, Real Estate Broker, made the presentation for the bill. He indicated the Meijer project is the major piece of commercial development planned for the Portage /Cleveland area as part of the Airport 2010 project. Scott Nowakowski, senior real estate representative for Meijer, indicated this development will be a 200,000 square foot combination department /grocery store. He indicted the facility is expected to cost between $5 to $6 million. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 87 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF GRANT AND MAYFLOWER ROADS, SOUTH BEND, INDIANA. 145 REGULAR MEETING JANUARY 14, 1991 This being the time heretofore set for public hearing on this 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 indicated the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorably. John Byorni, Area Plan, gave their report, which was favorable. John Firth, attorney for the petitioner, made the presentation for the bill. He indicated this property was formerly zoned "C" Commercial, however, the zoning had lapsed, since nothing was done for over a year. He said they were again asking for this zoning in order to build a convenience store and car wash. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, as amended, seconded by Council member Slavinskas. The motion carried. BILL NO. 97 -90 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING NEW SECTIONS 21 -11.1 (b) AND 21 -89.5 TO ALLOW HOSPITALS AND EMERGENCY MEDICAL CARE SERVICE CENTERS IN THE EAST BANK AREA OF THE CITY OF SOUTH BEND AS PERMITTED USES AND TO ESTABLISH THE OFF STREET PARKING SCHEDULE FOR THESE USES. This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas indicated the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorably. John Byorni, Area Plan, made the presentation for the bill. He indicated this zoning was initiated by Area Plan in order to allow hospitals of a nonpenal or correctional nature, and emergency medical care facilities in the A -3 Mixed Use Zoning District. He indicated it has been determined that hospitals and emergency care facilities are appropriate uses in the East Bank Area. Council Member Slavinskas made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. 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. Council Member Slavinskas made a motion to amend this bill by adding a new Section 5 to read: This vacation is subject to the approval of a Perpetual Non - Exclusive Easement and have the same, duly recorded at the Petitioner's expense., making the present Section 5, a new Section 6, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas made a motion to continue public hearing and third reading on this bill until January 28, 1991, seconded by Council Member Coleman. The motion carried. Council Member Zakrzewski made a motion to combine public hearing on the next two bills, seconded by Council Member Puzzello. The motion carried. 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. 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 being the time heretofore set for public hearing on these bills, proponents and opponents were given an opportunity to be heard. Council Member Luecke indicated the Human Resources Committee had met on the bills and recommended them to the Council favorably. Cynthia Love -Bush, Director of Human Rights, made the presentation for the bills. She indicated the $51,000 appropriation from HUD defrays the expenses of the Commission from September 90 to September 91. She indicated the $1,180.86 appropriation defrayed the expenses of Fair Housing activities. Council Member Zakrzewski made a motion to recommend Bill No. 110 -90 to the Council favorably, seconded by Council Member Coleman. The motion carried. Council Member Luecke made a motion to recommend Bill No. 111 -90 to the Council favorably, seconded by Council Member Niezgodski. 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 being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke indicated the Human Resources Committee had met on the bill and recommended it to the Council favorably. Cynthia Love -Bush, Director of Human Rights, made the presentation for the bill. She indicated the $340,000 transfer will be used for STAT, printing and salaries and wages. Council Member Coleman made a motion to recommend this bill to the Council favorably, seconded by Council Member Niezgodski. The motion carried. r • REGULAR MEETING JANUARY 14, 1991 There being no further business to come before the Committee of the Whole, Council Member Soderberg made a motion to rise and report to the Council, seconded by Council Member Luecke. The motion carried. ATTEST: ATTEST: City Clerk Cha an 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 8:19 p.m. Council President Niezgodski presiding and eight members present. ORDINANCE NO. 8154 -91 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY DESCRIBED AS 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, AND THE 170 ACRES OF PROPERTY DESCRIBED AS A PORTION OF THE TOLL ROAD INDUSTRIAL PARK LOCATED GENERALLY AT THE NORTHWEST CORNER OF NEW CLEVELAND ROAD AND MAPLE /PORTAGE ROADS, IN THE CITY OF SOUTH BEND, INDIANA 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 Slavinskas. The motion carried. Council Member Luecke 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. 8155 -91 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF PORTAGE ROAD AND CLEVELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA. 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 eight ayes. ORDINANCE NO. 8156 -91 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF GRANT AND MAYFLOWER ROADS, SOUTH BEND, INDIANA. This bill had third reading. Council Member Slavinskas 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 Zakrzewski made a motion to pass this bill, as amended, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8157 -91 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING NEW SECTIONS 21 -11.1 (b) AND 21 -89.5 TO ALLOW HOSPITALS AND EMERGENCY MEDICAL CARE SERVICE CENTERS IN THE EAST BANK AREA OF THE CITY OF SOUTH BEND AS PERMITTED USES AND TO ESTABLISH THE OFF STREET PARKING SCHEDULE FOR THESE USES. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8158 -91 AN ORDINANCE 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 third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8159 -91 AN ORDINANCE APPROPRIATING REVENUE IN THE AMOUNT OF $1,180.86 FROM THE FAIR HOUSING CONFERENCE HELD IN APRIL 1990. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8160 -91 AN ORDINANCE TRANSFERRING $3,400.00 AMONG ACCOUNTS WITHIN THE SOUTH BEND HUMAN RIGHTS COMMISSION FROM THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. This bill had third reading. Council Member Luecke made a motion to pass this bill, 147 REGULAR MEETING JANUARY 14, 1991 seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 1833 -91 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 209 N. MAIN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR 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 209 N. Main Street and which is more particularly described as follows: Lots 226, 227 and 228 of the original plat of the Town (now City) of South Bend as recorded in the records of St. Joseph County, Indiana, except that part which is described as: Beginning at the southwest corner of lot 228 thence north along the west line of lots 226, 227, and 228 in said plat 198.00 feet to the northwest corner of said lot 226 thence east along the north line of said lot 226, 100.00 feet thence south 139.90 feet thence west 44.80 feet thence south 8.0 feet thence west 17.00 feet thence south 50.10 feet to the north line of Colfax Avenue thence west along said line and the south line of lot 228. 38.20 feet to the point of beginning. as 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. 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 /Thomas Zakrzewski Member of the Common Council A public hearing was held on the resolution at this time. John Martell, partner in the project, made the presentation for the resolution. He indicated they had renovated this building and planned to lease nine office spaces. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1834 -91 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 202 WESTERN AVE. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR BRIARWOOD SOUTH BEND 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 commonly known as follows: Lot 37, 38, & 39 Martins Addition to City of South Bend, Indiana 1 i REGULAR MEETING JANUARY 14, 1991 as 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 six (6) years. SECTION III. This Resolution shall be in full forceAT I effect from and after its adoption by the Common Council and approval b the a r. /s Dona iez odski Member o the Common Council A public hearing was held on the resolution at this time. Council Member Luecke made a motion to amend this resolution in Section 2, by changing the tax deduction period to three years, seconded by Council Member Coleman. The motion carried. James Cook, Real Estate Broker, made the presentation for the resolution. He indicated Briarwood South Bend Partnership was remodeling this building and leasing it to ADT Security Systems. This building has been vacant for seven years. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1835 -91 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM VARIOUS FUNDS TO THE VARIOUS FUNDS WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT: It is necessary to provide funds for the Park Maintenance Fund, Unsafe Building Fund, Morris Civic Auditorium Fund, Cumulative Capital Improvement Fund, and Discovery Hall Fund prior to the receipt of taxes in the year 1991 in order to meet the current operating expenses of the City, provided for in the budget adopted for the year 1991. There are monies on deposit to the credit of various funds of the City, to wit: Liability Insurance Premium & Reserve Fund, and Local Roads and Streets Fund, which can be temporarily advanced or transferred to the various funds already mentioned. Indiana Code 36 -1 -8 -4 authorizes the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such a period of time as may be prescribed in the Resolution. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. The City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $785,000.00 to various funds from various funds as listed below. The aggregate amount of $785,000.00 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid by December 31, 1991. FROM: MAXIMUM TO: MAXIMUM Liability Ins. 500,000 Park Maintenance Fund 375,000 Premium & Reserve Fund Local Roads & 285,000 Unsafe Building Fund 10,000 Streets Fund TOTAL 785,000 Morris Civic Auditorium 50,000 Cumulative Capital Improvement Fund 300,000 145 REGULAR MEETING JANUARY 14, 1991 Discovery Hall Fund 50,000 TOTAL 785,000 SECTION II. Such transfer shall be made for a period of time not to exceed beyond December 31, 1991, and such funds to be transferred shall be returned and repaid to the original funds from which they were transferred. SECTION III. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s /Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Katherine Humphreys, Controller, made the presentation for the resolution. She indicated this resolution allows the temporary transfer of funds, in order to meet operating expenses prior to the spring and fall tax distribution. She indicated this resolution is considered annually by the Council. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of eight ayes. NO. 1836 -91 A RESOLUTION AUTHORIZING THE CONTROLLER TO INVEST AND REINVEST CERTAIN IDLE FUNDS DURING THE YEAR 1991 IN ACCORDANCE WITH I.C.5- 13 -9 -1, ET SEQ., AND ALSO AUTHORIZING THE CONTROLLER TO CONDUCT THE CITY'S BUSINESS WITH FINANCIAL INSTITUTIONS THROUGH THE USE OF ELECTRONIC FUND TRANSFERS. STATEMENT OF PURPOSE AND INTENT: There are certain idle funds of the Civil City of South Bend which may be invested for periods of time without affecting the operating of the various departments of the City. I.C. 5- 13 -9 -1, et seq., enables the Controller, or her designee, to invest such idle funds with the approval of the Common Council. I.C. 5- 13 -5 -5, et seq., authorizes the transaction of the City business with financial institutions through the use of electronic funds transfer upon proper resolution by the Common Council. NOW, THEREFORE, BE IT ORDAINED by the South Bend Common Council, as follows: SECTION I. That during the calendar year 1991, the Controller or her designee may invest and reinvest any idle funds of the Civil City of South Bend for such periods of time that she determines are not needed for the normal operations of the various departments of the Civil City, in the manner permitted by I.C. 5- 13 -91, et seq. SECTION II. The Controller of the City of South Bend, or her designee, is hereby authorized to conduct the following business transactions with financial institutions through the use of electronic funds transfers; a. Transfer of monies on deposit from one approved public depository of the City to another. b. Transfer of monies into and between various payroll accounts. C. Transfer of monies for the purchase and redemption of various securities for investment purposes. SECTION III. For purpose of this Resolution, "electronic funds transfer" means any transfer of funds other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. SECTION IV. The Controller of the City of South Bend, or her designee, is hereby directed and required to maintain adequate documentation of the transactions affected by electronic funds transfer so that they may be audited as provided by law. SECTION V. The City of South Bend, in accordance with I.C. 4- 8.1 -2 -7 (c), elects to receive distributions from the State of Indiana by means of electronic transfer of funds. SECTION VI. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s /Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Katherine Humphreys, Controller, made the presentation for the resolution. She indicated this resolution allows the Controller to use electronic fund transfers. She indicated this resolution is passed annually by the Council. Council Member Luecke made a motion I REGULAR MEETING JANUARY 14, 1991 to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. BILLS. FIRST READING BILL NO. 1 -91 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SECOND EAST -WEST ALLEY SOUTH OF LINCOLN WAY WEST LOCATED BETWEEN THE WEST RIGHT -OF -WAY OF BLAINE AND THE EAST LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF BLAINE, PART SITUATED IN KLINGLES MICHIGAN AVE. ADDITION. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading January 28, 1991, seconded by Council Member Coleman. The motion carried. BILL NO. 2 -91 A BILL TO VACATE THE FIRST EAST -WEST ALLEY NORTH OF SOUTH STREET, LOCATED BETWEEN THE WEST LINE OF FELLOWS STREET AND THE EAST LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF FELLOWS STREET, FOR A DISTANCE OF APPROXIMATELY 132 FEET AND A WIDTH OF APPROXIMATELY 11 FEET. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading January 28, 1991, seconded by Council Member Duda. The motion carried. BILL NO. 3 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 261 FEET NORTH OF THE NORTHWEST CORNER OF BENDIX DRIVE AND ELWOOD AVENUE IN THE CITY OF SOUTH BEND, INDIANA, FOR SAM ENTERPRISES CORPORATION. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 4 -91 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 bill had first reading. Council Member Puzzello made a motion to refer this bill to the Committee of the Whole, seconded by Council Member Zakrzewski The motion carried. BILL NO. 5 -91 A BILL APPROPRIATING $92,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Human Resources Committee, seconded by Council Member Duda. The motion carried. BILL NO. 6 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON PORTAGE RD., SOUTH OF THE INDIANA TOLL ROAD AND CLEVELAND RD. IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. NEW BUSINESS Reports from Area Plan: Bill No. 99 -90 Rezone - 18106 Ireland Bill No. 100 -90 Rezone - 3900 Lincolnway West Bill No. 101 -90 East side of Portage Rd. north of Maple Bill No. 102 -90 Northeast corner of Linden & Clemens St. Council Member Slavinskas made a motion to refer these bills to the Zoning and Vacation Committee and set them for public hearing and second reading January 28, 1991, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR John and Betty Pendle, 6205 W. Cleveland, spoke regarding fair compensation for their property. They indicated some of the proposed projects were not in the interest of the public in the 2010 Project 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 9:07 p.m. ATTEST: City Clerk APPROVED: