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HomeMy WebLinkAbout03-08-93 Council Meeting Minutes505 REGULAR MEETING MARCH 8, 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, March 8, 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 MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the February 8, 1993, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Stephen Luecke /s /Loretta Duda Council Member Coleman made a motion that the minutes of the February 8, 1993, meeting of the Council be accepted and placed on file, seconded by Council Member Washington. The motion carried. SPECIAL BUSINESS Council Member Coleman made a motion to reappoint Joseph Burkus to the Century Center Board of Managers, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2017 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 647 DIAMOND AND 656 DIAMOND, SOUTH BEND, INDIANA 46628. WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has recommended favorable that it grant an exception, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5 -14- 1.5.5, requesting that a special exception be granted for the property located at: 647 Diamond, South Bend IN 46628 656 Diamond, South Bend IN 46628 in order to permit: A variance from the required 63 parking spaces to 32 parking spaces. Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of identification as Exhibit A. 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute 506 REGULAR MEETING MARCH 8, 1993 an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan;; adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning appeals which are attached hereto and incorporated herein and marked for purposes of identification as Exhibit B. Section V. This resolution shall be in full force and effect from and after 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 Slavi reported that the Zoning and Vacation Committee had met on this bill and recomm it to the Council favorable. He indicated the BZA had recommended this to the Council favorable. Pastor Miller, of the Faith Apostolic Temple, made the presentation for the bill. He indicated they had requested this variance, in c to be able to enlarge the existing facility, so they can stay at this location. indicated the church was a stabilizing influence for the neighborhood. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council M Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to combine public hearing on the next two resolutions, seconded by Council Member Washington. The motion carried. RESOLUTION NO. 2018 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 645 WILBER STREET, SOUTH BEND, INDIANA, 46628, TO BE AN ECONOMIC REVITALIZAU AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ASTAR, INC. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic it Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 645 Wilber Street and which is more particularly described as follows: �I Lots numbered one hundred six (106), one hundred seven (107), one hundred eight (108) and one hundred nine (109) as shown on the recorded Plat of Kauffman Place Addition to the City of South Bend, recorded in Plat Book 9, page 57 in the j Office of the Recorder of St. Joseph County, Indiana, with said real estate having the following Key No. 25 1006 030003, as an Economic Revitalization Area; and I� 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 j WHEREAS, the Council held a public hearing for the purposes of hearing all it remonstrances and objections from interested persons; and { WHEREAS, the Council has determined that the qualifications for an economic I revitalization area have been met. i Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows. ' ;j 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 Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the ii Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of fi (5) years, and further determines that the petition complies with Chapter 2, Ar 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 seq. Section III. This Resolution shall be in full force and effect from and its adoption by the Common Council and approval by the Mayor. /S/ Stephen Luecke Member of the Common Council RESOLUTION NO. 2019 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 645 WILBER STREET, aU? REGULAR MEETING MARCH 8, 1993 SOUTH BEND, INDIANA, 46628, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR SIDNEY MOORE, JR. AND DOROTHY D. MOORE. 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 645 Wilber South and which is more particularly described as follows: Lots numbered one hundred six (106), one hundred seven (107), one hundred eight (108) and one hundred nine (109) as shown on the recorded Plat of Kauffman Place Addition to the City of South Bend, recorded in Plat Book 9, page 57 in the Office of the Recorder of St. Joseph County, Indiana. with said real estate having the following Key No. 18 2016 0465, 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, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney, made the presentation. He indicated Astar, Inc. is a manufacturer of injected plastic molded products. He indicated the Moore's own the property, and Astar, Inc. will own the equipment; the project calls for construction of a new building of 11,000 square feet, rehabilitation of an existing building of 5000 square feet and installation of new injected plastic molding equipment. Council Member Coleman made a motion to adopt Resolution No. 2018 -93, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Puzzello made a motion to adopt amended Resolution No. 2019 -93, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2020 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3615 AND 3511 WEST VOORDE DRIVE, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CAPITOL TECHNOLOGIES, INC. 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 3615 and 3511 West Voorde Drive and which is more particularly described as follows: 2.664 AC BEG. 814 FT. SO. & 727.2 E CENTER SEC. 22 -28 -2E 3511 Voorde Drive, South Bend, Indiana and this property has Key Number 18- 02184693816, and 3511 West Voorde Drive, and which is more particularly described as follows: Beg. 815.52's & 1348.23' W NE Cor. Sec 33 -38 -2E 2.61 acres with said real estate having the following Key No. 18 02184693816, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public X08 REGULAR MEETING MARCH 8, 1993 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 Personal 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 personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /S/ Stephen Luecke Member of the Common Council A public hearing was held on the above bill at this time. Robert Caston, Treasurer of Capitol Technologies, made the presentation for the resolution. He indicated they were planning a five year expansion program. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2021 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING A CITY NEGOTIATING TEAM FOR FIREFIGHTER NEGOTIATIONS. WHEREAS, the City of South Bend has determined that a unified effort would be in the City's best interest when addressing, through the negotiations process, such items as wages, salaries, fringe benefits, and working conditions; and WHEREAS, the Fire Department Salary Ordinance and their Collective Bargaining Agreement expire at the end of the calendar year; and WHEREAS, on April 6, 1993, the Board of Public Safety will consider a Resolution to appoint a negotiating team to represent the Board regarding upcoming Fire Department matters addressed in the Collective Bargaining Agreement; and WHEREAS, the Common Council and the City Administration jointly agree that a unified effort through a City Negotiating Team for Fire negotiations is the best and most positive approach for the City. Now, therefore, be it resolved by the Common Council of the city of South Bend, Indiana, as follows: Section I. The Common Council of the City of South bend, Indiana, hereby appoints the following individuals to the City Negotiating Team to represent the City of South Bend in the upcoming Fire Negotiations: Stephen Luecke, Chairperson Kathleen Cekanski - Farrand, Spokesperson Ann Puzzello Kevin Horton Thomas L. Bodnar Section II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke First District /s/ Cleo Washington Second District /s/ Roland Kelly Third District /s/ Ann Puzzello Fourth District /s/ linas Slavinskas Fifth District /s/ Thomas Zakrzewski Sixth District /s/ Sean Coleman At Large /s/ Loretta Duda At Large s/ Eugene Ladewski At Large rog1) REGULAR MEETING MARCH 8, 1993 A public hearing was held on the resolution at this time. Council Member Luecke made the presentation for the bill. He indicated the Public Safety Board did not have a quorum at their last meeting, therefore it was necessary that this resolution be amended in the 3rd paragraph to read "On April 6, 1993, the Board of Public Safety will consider a Resolution to appoint ". Council Member Coleman made a motion to accept this amendment, seconded by Ladewski. The motion carried. Council Member Luecke indicated this was the same negotiating team that bargained successfully Teamsters and F.O.P. 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. 2022 -93 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 119 WEST WAYNE, SOUTH BEND, INDIANA 46601, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX YEAR REAL PROPERTY TAX ABATEMENT FOR COYNE INVESTMENTS LIMITED PARTNERSHIP DOWNTOWN SOUTH BEND PARKING GARAGE REHABILITATION. 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 119 W. Wayne, South Bend, Indiana, and which is more particularly described as follows: Lots 289 -290 adn 291 Original Plat 119 West Waykne Street South Bend IN 46601 and which has Key Number 18 3007 0239, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seq., and South Bend Municipal Code Sections 2 -76 et seq. and; WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council hereby determines and finds 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 provisions 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 description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment of rehabilitation: D. 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; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. Section III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. Section IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as a special exception under Section 2 -84 of the t10 REGULAR MEETING MARCH 8, 1993 South Bend Municipal Code as an Economic Revitalization Area for purposes of real property tax abatement. Specific reasons for this determination include: First, this facility is important to the growth and development of the downtown area. As other developments move into the downtown area, they will build on parcels of land which are currently used for parking, such as the College Football Hall of Fame. They, and projects such as the soon to be reopened State Theatre, will attract people to the downtown area, which is the long -term goal of the City's downtown redevelopment plan. However, as more people are attracted to the downtown area, the need for parking will increase while the available parking will diminish because of the construction on sites presently used for parking. Thus, it is important that the Norwest garage remain open to provide for abundant, convenient, and inexpensive parking. Second, the Norwest garage is physically attached to the old Robertson's building. Any potential user of that building would be attracted by the availability of this easy access to parking. Conversely, if the parking facility were not available, it would further deter any future use of the building. Third, closure of the garage would exacerbate downtown parking problems. This would deter people from coming downtown, would inconvenience those who work downtown, and would inhibit further urban development. Section V. The designation as an Economic Revitalization area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. Section VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of Six (6) 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 on the proposed confirming of said declaration. Section VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Council Member Kelly a motion made to accept the substitute bill on file with the City Clerk, seconded by Council Member Duda. The motion carried. Ernest Zarwark, attorney, made the presentation for the resolution. He indicated they were requesting the abatement in order to do renovations in the amount of $750,000 to the parking garage at 119 W. Wayne. He indicated they were requesting a special exception, since parking garages are not automatically eligible for tax abatement. He indicated the garage has deteriorated and is in need of major repairs. He indicated the building receives a tax deduction for obsolescence Council Member Puzzello indicated she was in favor of the special exception, however, she did not think they should received abatement for ten years. She made a motion to reduce the years to six (6), seconded by Council Member Washington. The motion carried. Council Member Ladewski indicated tax abatement was not meant for maintenance repairs. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of seven ayes and two nays (Council Members Zakrzewski and Ladewski.) RESOLUTION NO. 2023 -93 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. It is necessary to provide funds for the General Fund, Park Maintenance Fund, Cumulative Capital Improvement Fund, and Cumulative Capital Development Fund prior to the receipt of taxes in the year 1993 in order to meet the current operating expenses of the City, provided for in the budget adopted for the year 1993. There are monies on deposit to the credit of various funds of the city, to -wit: The Liability Insurance Premium and Reserve Fund, the Sewage Works Depreciation Fund, the Sewage Works Operation and Maintenance Reserve Fund, the Sewage Works Operation and Maintenance Fund, the Police Pension Fund and the Fire Pension 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 $7,600,000.00 to various funds from various funds as listed below. The aggregate amount of $7,600,000.00 to be REGULAR MEETING MARCH 8, 1993 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, 1993. FROM; MAXIMUM TO: MAXIMUM Liability Insur 1,000,000,00 General Fund $6,500,000.00 ance Premium & Reserve Park Maintenance 600,000.00 Fund Sewage Works 3,000,000.00 Cumulative Capital 200,000.00 Depreciation I Improvement Fund Fire Pension 400,000.00 Cumulative Capital 300,000.00 Fund Sewage Works 3,000,000.00 operation & Main- tenance Reserve Police Pension 200,000.00 Fire Pension 400,000.00 TOTAL $7,600,000.00 $7,600,000.00 Section II. Such transfer shall be made for a period of time not to exceed beyond December 31, 1993, 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/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Kevin Horton, Controller, made the presentation for the bill. He indicated that in the past the City has issued tax anticipation time warrants in order to provide sufficient cash flow to meet normal operating expenses. He indicated that his year they were taking advantage of the cost savings through use of interfund transfers. He indicated the City has developed a level of comfort and by borrowing internally, we will save money. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. 10. BILLS, FIRST READING BILL NO. 13 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT AUTEN ROAD 1500 FEET EAST OF LAUREL ROAD IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Washington The motion carried. BILL NO. 14 -93 A BILL APPROPRIATING $43,000.00 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM. This bill had first reading. Council Member Coleman made a bill to the Human Resources Committee and set it for public reading on March 22, seconded by Council Member Washington. BILL NO. 15 -93 A BILL OF THE COMMON COUNCIL OF THE CITY APPROPRIATING $16,360.00 FROM THE HAZARD FUND #289.) motion to refer this hearing and third The motion carried. OF SOUTH BEND, INDIANA SUS MATERIALS FUND (EMS 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 March 22, seconded by Council Member Washington. The motion carried. BILL NO. 16 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $257,300.00 FROM THE EMS CAPITAL IMPROVEMENT FUND (EMS FUND #288.) This bill had first reading. Council Member Duda made a motion to refer this bill to the Public Safety Committee and set it for public hearing and third reading on March 22, seconded by Council Member Washington. The motion carried. BILL NO. 17 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 3 OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "DEVELOPMENT DESIGN REVIEW." This bill had first reading. Council Member Duda made a motion to refer this bill to the Human Resources Committee and set it for public hearing and third reading on March 22, seconded by Council Member Washington. The motion carried. F519 REGULAR MEETING MARCH 8, 1993 BILL NO. 18 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF IRELAND AND LINDEN ROADS IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. ORDINANCE NO. 8359 -93 AN ORDINANCE CONCERNING THE ISSUANCE OF REVENUE BONDS TO REFUND OUTSTANDING SEWAGE WORKS BONDS OF THE CITY, THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SAID WORKS, THE SAFEGUARDING OF THE INTERESTS OF THE OWNERS OF SAID REVENUE BONDS, OTHER MATTERS CONNECTED THEREWITH, AND REPEALING ORDINANCES INCONSISTENT THEREWITH. This bill had first reading Kevin Horton, Controller, asked that the rules be suspended, in order to do a refunding on an existing bond issue. He indicated the interest rates have gone down and the City would like to take advantage of the existing rate. Council Member Coleman made a motion to suspend the rules, seconded by Council Member Ladewski. The motion carried on a roll call vote of nine ayes. Council Member Puzzello indicated the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Mr. Horton indicated the new bonds will have a triple A rating and have an interest rate of 5 %; this should save the City more than $500.000. This bill had second reading. Council Member Kelly made a motion to accept the substitute bill, seconded by Council Member Washington. The motion carried. Council Member Kelly made a motion to pass the bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. PRIVILEGE OF THE FLOOR Pat Bryan, 2706 Walls, indicated March was Disability Awareness Month, and she had asked for a proclamation from the Mayor, which was handed to her this evening in a plain brown envelope. Council President Luecke indicated that perhaps there had been a misunderstanding regarding proclamation and a resolution. He read the proclamation. The Council indicated they would have a resolution at the next meeting. Ernest Dickson, 2706 Wall, indicated the Council should be better prepared to let the people know where the money will go if an option tax is passed. James Cierzniak, 1156 E. Victoria Street, spoke against the proposed National College Football Hall of Fame. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Washington. The motion carried and the meeting was adjourned at 8:17 p.m. ATTEST: City Clerk ATTEST: President