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HomeMy WebLinkAbout01-25-93 Council Meeting MinutesREGULAR MEETING JANUARY 25, 1993 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 25, 1993, at 7 :00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Ladewski Absent: None REPORT FROM THE SUB - COMMITTEE ON MI14JTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the December 14, December 28, January 4, and January 11, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Steve Luecke /s/ Loretta Duda Council Member Coleman made a motion that the minutes of the December 14, December 28, January 4, and January 11 meetings of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Mayor Kernan gave the "State of the City" address. Council Member Coleman made a motion to reappoint Charles Vogel, Ernest Niedbalski and Mary Grubesich to the Older Adults Council, seconded by Council Member Ladewski. The motion carried. RESOLUTION NO. 2005 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN PENN TOWNSHIP. WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Penn Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is located 200 feet east of Ironwood Road and 1,110 feet north of Ireland road , and is needed and can be used by the City of South Bend for its development in the reasonably near future, the development of which land as proposed will require a level of municipal public services basic to the establishment and maintenance of such development, which services shall include services of a non - capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. 479 r 1 1 1 i 1 49 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Penn Township, St. Joseph County, Indiana, described in Table 2 of the Fiscal Plan, attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part thereof, for the furnishing of said services to the territory to be annexed. Section IV. This Resolution should be in full force and effect upon its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this resolution and recommended it to the Council favorably. Larry Magliozzi, assistant director of Planning & Neighborhood Development, made the presentation for the resolution. He indicated this was the Muessel property, and it is completely surrounded by the City. He indicated the fiscal plan shows this area meets the requirements of State Statutes and the City is physically and financially able to provide municipal services to the territory. Council Member Puzzello made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2006 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN PENN TOWNSHIP. WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Penn Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is located 600 feet east of Ironwood Road on the south side of Inwood Road, and is needed and can be used by the City of South Bend for its development in the reasonably near future, the development of which land as proposed will require a level of municipal public services basic to the establishment and maintenance of such development, which services shall include services of a non - capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and i� 481 WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Penn Township, St. Joseph County, Indiana, described in Table 2 of the Fiscal Plan, attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the'territory to be annexed and in a manner consistent with federal, state and local laws, procedures and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part thereof, for the furnishing of said services to the territory to be annexed. Section IV. This Resolution should be in full force and effect upon its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this resolution and recommended it to the Council favorably. Larry Magliozzi, assistant director of Planning & Neighborhood Development, made the presentation for the resolution. He indicated this was the Kercheimer property and the land is completely surrounded by the City. He indicated the fiscal plan shows this area meets the requirements of State Statutes and the City services are available to the territory. 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 nine ayes. RESOLUTION NO. 2007 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN PENN TOWNSHIP. WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Penn Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is located 800 feet south of Jackson Road on the east side of Ironwood Road, and is needed and can be used by the City of South Bend for its development in the reasonably near future, the development of which land as proposed will require a level of municipal public services basic to the establishment and maintenance of such development, which services shall include services of a non - capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities- sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6)',the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the'',Board Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON',COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Penn Township, St. Joseph County, Indiana, described in Table 2 of the Fiscal Plan, attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the',annexation, in a manner equivalent in standard and scope to the services furnished by the typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part thereof, for the furnishing of said services to the territory to be annexed. Section IV. This Resolution should be in full force and effect upon its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this resolution and recommended it to the Council favorably. Larry Magliozzi, assistant director of Planning & Neighborhood Development, made the presentation for the resolution. He indicated this the Kalyawongsa property and it is a parcel of land surrounded by the City. He indicated the fiscal plan shows this area meets the requirements of State Statutes and the City is able to provide municipal services to the territory. Council Member Slavinskas made a motion to adopt',this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2008 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CLAY TOWNSHIP. WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Clay Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is generally located on the north side of Creekview Drive within the Creekwood Villas Subdivision. Creekwood Villas is on the north side of Hepler Street just west of Hickory Road, and is needed and can be used by the City of South Bend for its development in the reasonably near future, the development of which land as proposed will require a level of municipal public services basic to the establishment and maintenance of such development, which services shall include services of a non - capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities 'to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Clay Township, St. Joseph County, Indiana, described in Table 2 of the Fiscal Plan, attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part thereof, for the furnishing of said services to the territory to be annexed. Section IV. This Resolution should be in full force and effect upon its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this resolution and recommended it to the Council favorably. Larry Magliozzi, assistant director of Planning & Neighborhood Development, made the presentation for the resolution. He indicated was Stouffer property and is a parcel of land located in Creekwood Villas and was completely surrounded by the City. He indicated the fiscal plan shows this area meets the requirements of State Statutes and the City is able to provide municipal services to the territory. 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 nine ayes. RESOLUTION NO. 2009 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CENTRE TOWNSHIP. WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Centre Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is generally located on the east side of Sampson Drive extended south of Galway Drive, and is needed and can be used by the City of South Bend for its development in the reasonably near future, the development of which land as proposed will require a level of municipal public services basic to the establishment and maintenance of such development, which services shall include services of a non - capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and .S4 -- - - - - - - - -- - - -- - WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish 'a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilitiesito be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, ',that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of aicapital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services ',are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population ',density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Centre Township, St. Joseph County, Indiana, described in Table 2 of ',the Fiscal Plan, attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is '',now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnishediby the typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) years of the effective date of 'the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan,iattached hereto and made a part thereof, for the furnishing of said services to the territory to be annexed. Section IV. This Resolution should be in full force and effect upon its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of thelCommon Council A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Vacation Committee ',had met on this resolution and recommended it to the Council favorably. Larry',Magliozzi, assistant director of Planning & Neighborhood Development, made the presentation for the resolution. He indicated this was the Hickey property, which is one acre surrounded by the City. He indicated the fiscal plan shows this area meets the requirements of State Statutes and the City is able to provide municipal services to the territory. Council Member Puzzello made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by A roll call vote of nine ayes. RESOLUTION 93 -9 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN PENN TOWNSHIP. Council Member Coleman made a motion to continue public hearing on this bill until February 8, at the request of the petitioner, seconded by Council Member Washington. The motion carried. Council Member Coleman made a motion to resolve',into the Committee of the Whole, seconded by Council Member Duda. The motion carried. 4S5 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 25, 1993 at 8:10 p.m. with nine members present. Chairman Zakrzewski presiding. BILL NO. 46 -92 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 405 EAST EWING IN THE CITY OF SOUTH BEND, INDIANA. Council Member Coleman made a motion to continue this bill indefinitely, at the request of the petitioner, seconded by Council Member Washington. The motion carried. BILL NO. 80 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1432 SOUTH BEND AVENUE, IN THE CITY OF SOUTH BEND, INDIANA 46617. Council Member Puzzello made a motion to withdraw this bill, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 84 -92 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC DISTRICT FOR PROPERTY LOCATED AT 514 EAST INDIANA 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 reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Luecke. The motion carried. John Oxian, President of the Historic Preservation Commission, made the presentation for the bill. He indicated this property was constructed for Samuel Studebaker. He indicated this home had been rated as Significant S -11 on the Indiana Sites and Structures Inventory. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Washington. The motion carried. BILL NO. 101 -92 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 804 N. LAFAYETTE (MADISON SCHOOL) IN THE CITY OF SOUTH BEND, INDIANA. Council Member Luecke made a motion to continue this bill indefinitely, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 108 -92 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 323 IRELAND ROAD, SOUTH BEND, INDIANA 46614, 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 reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. 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. John Byorni, Area Plan, gave the staff and Commission reports were favorable. Robert Canfield, attorney, made the presentation for the bill. He indicated this building had previously housed a Shakey's Pizza Parlor and his client, American Plumbing, wanted to convert this building for their use. He indicated they would sell bath supplies, but not have plumbers working out of their shop. He indicated there was no zoning classification for a bath shop, so it was necessary to classify this property as a plumbing and heating shop and zone it to that classification. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 110 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED 200 FEET EAST OF IRONWOOD ROAD AND 1,110 FEET NORTH OF IRELAND ROAD IN PENN 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. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Larry Magliozzi, assistant director of Planning and Neighborhood Development, made the presentation for the bill. He indicated this bill represented one of the six islands of unincorporated land that are totally surrounded by the City. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 111 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED 800 FEET SOUTH OF JACKSON ROAD ON THE EAST SIDE OF IRONWOOD ROAD IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. 4S,6 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 reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Council Member Puzzello made a motion to accedpt the substitute bill on file with the City Clerk, seconded by Council Member Kelly. The motion carried. Larry Magliozzi, assistant director of Planning and Neighborhood Development, made the presentation for the bill. He indicated this bill annexed unincorporated land that is totally surrounded by the City. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 112 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED 600 FEET EAST OF IRONWOOD ROAD ON THE SOUTH SIDE OF INWOOD ROAD IN PENN 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. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Larry Magliozzi, assistant director of Planning and Neighborhood Development, made the presentation for the bill. He indicated this bill represented another of the six islands of unincorporated land that are totally surrounded by the City. Council Member made a motion to recommend this bill to the Council favorable, seconded by Council Member . The motion carried. BILL NO. 113 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED ON THE NORTH SIDE OF CREEKWOOD DRIVE WITHIN THE CREEKWOOD VILLAS SUBDIVISION IN CLAY 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. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Larry Magliozzi, assistant director of Planning and Neighborhood Development, made the presentation for the bill. He indicated this bill was another parcel of land totally surrounded by the City. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 114 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED ON THE EAST SIDE OF THE SOUTHERN END OF SAMPSON DRIVE, EXTENDED, SOUTH OF GALWAY DRIVE 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. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Larry Magliozzi, assistant director of Planning and Neighborhood Development, made the presentation for the bill. He indicated this bill annexed a parcel of land that was completely surrounded by the City. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 120 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN PENN TOWNSHIP CONTIGUOUS THEREWITH; NORTHEAST CORNER OF IRONWOOD ROAD AND KILLINGTON WAY. Council Member Luecke made a motion to continue this bill until February 8, at the request of the petitioner, 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 Washington. The motion carried. ATTTTE9S'T`:O / 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 8:30 p.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8340 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 514 EAST INDIANA AVENUE IN THE CITY OF SOUTH BEND, INDIANA. 481 This bill had third reading. Council Member Coleman made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Slavinskas. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8341 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 323 IRELAND ROAD, SOUTH BEND, INDIANA 46614, IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Duda. The motion carried. Council Member Zakrzewski made a motion to pass the bill, as amended, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8342 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED 200 FEET EAST OF IRONWOOD ROAD AND 1,110 FEET NORTH OF IRELAND ROAD IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8343 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED 800 FEET SOUTH OF JACKSON ROAD ON THE EAST SIDE OF IRONWOOD ROAD IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had third reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8344 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED 600 FEET EAST OF IRONWOOD ROAD ON THE SOUTH SIDE OF INWOOD ROAD IN PENN TOWNSHIP, ST. JOSEPH COUNTY, 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 nine ayes. ORDINANCE NO. 8345 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED ON THE NORTH SIDE OF CREEKWOOD DRIVE WITHIN THE CREEKWOOD VILLAS SUBDIVISION IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, 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 nine ayes. ORDINANCE NO. 8346 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED ON THE EAST SIDE OF THE SOUTHERN END OF SAMPSON DRIVE, EXTENDED, SOUTH OF GALWAY DRIVE IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, 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 nine ayes. BILLS, FIRST READING BILL NO. 4 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING THE ZOO DEPARTMENT CLASSIFICATION WITHIN THE PARK MAINTENANCE FUND AND APPROPRIATING MONIES FROM THE PARK MAINTENANCE DEPARTMENT TO THE ZOO DEPARTMENT WITHIN THE PARK MAINTENANCE FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1993. This bill had first reading. Council Member Duda made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on February 8, seconded by Council Member Coleman. The motion carried. BILL NO. 5 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $312,506.00 FROM EMERGENCY MEDICAL SERVICES CAPITAL R IMPROVEMENT FUND #288 FOR THE PURCHASE OF EQUIPMENT. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Public Safety Committee and set it for public hearing and third reading on February 8, seconded by Council Member Coleman. The motion carried. BILL NO. 6 -93 A BILL APPROPRIATING $566,447 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1993, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Human Resources Committee and set it for public hearing and third reading on February 8, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Council Member Slavinskas made a motion to set Bill Nos. 107 and 109 for public hearing and third reading on February 8, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR Council Member Coleman made a motion to allow five minutes for individual speakers, with a 30 minute total, seconded by Council Member Ladewski. The motion carried. Jim Cierzniak, 1156 E. Victoria, spoke against the College Football Hall of Fame. Joseph Doyle, 5914 Aberdeen, indicated he was a member of the local chapter of the College Football Hall of Fame, and they were in favor of the Hall of Fame being built in South Bend. Richard Nussbaum, City Attorney, and member of the Hall of Fame Team, spoke in favor of the Hall being built in South Bend. Dave Varner, 1308 Clayton Dr., indicated the City was committing 14 to 17 million to build this Hall of Fame, and before a commitment is made alternatives should be looked into regarding the funding. Jerry Ivacic, 2239 Topsfield, spoke against our tax dollars being used to build the Hall of Fame. Lee Brummett, 1146 Diamond Ave., spoke against the Hall of Fame. Gene Oakley, 2614 York Road, spoke regarding the Mayor saying no additional tax dollars would be used. Council Member Ladewski commemorated Thurgood Marshall. 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 9:00 p.m. ATTEST: City Clerk ATTEST: Preside t