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HomeMy WebLinkAbout03-22-93 Council Meeting Minutesg 6 e'v a REGULAR MEETING MARCH 22, 1993 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 22, and March 8, 1993, meetings 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 22, and March 8, 1993, meetings of the Council be accepted and placed on file, seconded by Council Member Washington. The motion carried. SPECIAL BUSINESS Rev. Sylvester Williams gave the invocation, and discussed his "Campaign to Stop Violence" on WUBS the urban broadcasting system. Council President Luecke announced that there will be a special meeting of the Council Tuesday, March 30, in the Chambers for the purpose of acting on two resolutions for County Option Income Tax. RESOLUTION NO. 2024 -93 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, DESIGNATING MARCH AS "DISABILITY AWARENESS MONTH." WHEREAS, on March 1, 1993, the Mayor of the City of South Bend, Indiana, issued a Proclamation which designated the month of March as "Disability Awareness Month "; and WHEREAS, at the March 8th meeting of the South Bend Common Council, the Mayor's Proclamation was read publicly and the Council determined that it should also declare March as "Disabilities Awareness Month" by Special Resolution; and WHEREAS, the Common Council notes that currently over 43 million Americans have physical or mental disabilities, many of whom make their home in South Bend; and WHEREAS, the Council recognizes that the "The Americans Disability Act of 1990" was enacted to address such critical areas as employment, housing, public accommodations, transportation, communication, recreation, health services, voting, and access to public services; and WHEREAS, the Common Council further acknowledges that this Federal Law provides a clear and comprehensive Federal mandate for the elimination of discrimination against individual with disabilities and to bring such individuals into the economic and social mainstream of American life; and WHEREAS, the Common Council believes that it is in the public interest and the best interest of the City of South Bend to declare March of every year in the City of South Bend, Indiana, as "Disabilities Awareness Month." I Now, therefore, be it ordained 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 declares the month of March of every year in the City, as "Disabilities Awareness Month." Section II. The Common Council further declares that the citizens of our City should join together with public and private organizations to participate in programs and activities which encourage individuals with disabilities to participate and enjoy the economic and social benefits of our community. Section III. The Common Council publicly acknowledges the dedicated efforts of so many individuals and organizations to participate in programs and activities which encourage individuals with disabilities to participate and enjoy the economic and social benefits of our community. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. J4 REGULAR MEETING /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 MARCH 22, 1993 A public hearing was held on the resolution at this time. Council Member Puzzello read the resolution, and presented it to Pat Bryan, president of the National Association of Physically Handicapped. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Ms. Bryan thanked the Council for the resolution. Michelle Gundeck, secretary of the group thanked the Council; as well as Gerry Thornton, president of the Stroke Club, and Ernest Dickson a member of the NAPH. Council President Luecke announced that April 5, through the 11th was National Community Development Week. He indicated the Mayor had issued a proclamation, and the Council would like to affirm this, as well as recognize all of the Community Development Staff for the job they are doing. Council Member Slavinskas made a motion to suspend the rules and have public hearing on resolution 93 -32, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 2025 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE INDIANA GENERAL ASSEMBLY TO DEFEAT HOUSE BILL 1732. WHEREAS, the Common Council of the City of South Bend, Indiana, notes that House Bill 1732 proposes severe limitations on the ability of cities within St. Joseph County, Indiana, to annex territory into the city; and WHEREAS, on Friday, March 19, 1993, the Governmental and Regulatory Affairs Committee voted by an 8-1 majority, to recommend passage of the Bill; and WHEREAS, the Council recognizes that the annexation plan is of major importance to the City of South Bend and thoroughly examines the needs and justifications for the proposed annexations; and WHEREAS, the Common Council believes that annexation is far more than physical incorporation of territory, but rather is a systematic comprehensive planning process which will enable the City to efficiently manage growth development for the benefit of all citizens and business located in the South Bend urban area; and WHEREAS, the Common Council believes that the proposed legislation would effectively undermine the Final Report on annexation for the City of South Bend, and would economically stagnate the efforts of our City in the implementation of this well thought out plan on annexation. Now, therefore, be it ordained 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 urges the Indiana General Assembly to defeat House Bill 1732. Section II. The Common Council further believes that House Bill 1732 is not in the best interest of the citizens of our community, nor is it in keeping with the "Home Rule Authority" provided by Indiana Code Section 36 -1 -1, et seq. Section III. The Common Council firmly believes that the current "Municipal Annexation and Disannexation" procedures set forth in Indiana Code Section 36- 1 -3 -1, et seq., provide appropriate checks and balances to this important tool of city government. Section IV. 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 /s/ Linas Slavinskas Fifth District /s/ Thomas Zakrzewski Sixth District /s/ Sean Coleman At Large /s/ Loretta Duda REGULAR MEETING MARCH 22, 1993 Fourth District At Large s/ Eugene Ladewski At Large A public hearing was held on the resolution at this time. Council Members Slavinskas and Coleman made the presentation. They indicated they felt this bill was dangerous to the welfare of the cities of South Bend and Mishawaka. They indicated the proposed House Bill would only effect St. Joseph County and it was discriminatory, and a bill such as this could possibly effect cities throughout the State. Larry Magliozzi, Economic Development Specialist, spoke in favor of this resolution. Linda Petill, 14677 Lindy Dr., and Joyce Boaler, 1606 Hillsdale, spoke against the resolution. Council Member Kelly made a motion to adopt the resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Washington. 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 March 22, 1993, at 7:50 p.m., with nine members present. Chairman Zakrzewski presiding. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Economic Development, made the presentation for the bill. She indicated this appropriation in HUD grant funds will be used by three nonprofit organizations to provide services to the homeless. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 15 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $16,360.00 FROM THE HAZARDOUS MATERIALS FUND (EMS FUND #289.) 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 Ladewski reported that the Public Safety Committee had met on this bill and recommended it to the Council favorable. Rick Switalski, assistant chief, made the presentation for the bill. He indicated this appropriation would be used by the Hazardous Materials Response Team to cover the purchase of equipment. Joyce Boaler, 1606 Hillsdale, spoke in favor of this bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Ladewski reported that the Public Safety Committee had met on this bill and recommended it to the Council favorable, as amended. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Duda. The motion carried. Rick Switalski, assistant chief, made the presentation for the bill. He indicated Emergency Medical Services continues to generate revenue to support the capital needs of both the Fire Department and EMS. He indicated this bill appropriates $128,300 for EMS equipment. Joyce Boaler, 1606 Hillsdale, spoke in favor of this bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Ladewski. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ann Kolata, Economic Development, made the presentation for the bill. She indicated that the Development Design Review procedures and requirements have proven successful, but there is a need to facilitate private investment and development plans in the Development Design Area. Joyce Boaler, 1606 Hillsdale, indicated the Design Review Committee should not discourage development business in the downtown area. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. PPV REGULAR MEETING MARCH 22, 1993 ATTEST: City Clerk Chairman 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 8:05 p.m. Council President Luecke presided, and nine members were present. BILLS. THIRD READING ORDINANCE NO. 8360 -93 AN ORDINANCE APPROPRIATING $43,000.00 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8361 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $16,360.00 FROM THE HAZARDOUS MATERIALS FUND (EMS FUND #289.) 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. 8362 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $128,300.00 FROM THE EMS CAPITAL IMPROVEMENT FUND (EMS FUND #288.) This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Ladewski. The motion carried. Council Member Coleman made a motion to pass this bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8363 -93 AN ORDINANCE 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 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. RESOLUTIONS RESOLUTION NO. 93 -24 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 119 WEST WAYNE, SOUTH BEND, INDIANA 46601 TO BE 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. Council Member Coleman made a motion to continue this resolution, at the request of the petitioner, until April 12, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 93 -27 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 THE SOUTHEAST CORNER OF IRELAND AND MIAMI ROADS, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY /SCOTTSDALE MALL. Council Member Coleman made a motion to continue this resolution, at the request of the petitioner, until April 12, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 2026. -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING THAT DECLARATORY RESOLUTION NO. 1138 CHANGING THE BASE ASSESSMENT DATE FOR THE WEST WASHINGTON - CHAPIN DEVELOPMENT AREA CONFORMS TO THE MASTER PLAN OF DEVELOPMENT FOR THE CITY OF SOUTH BEND AND APPROVING SAID RESOLUTION NO. 1138. WHEREAS, the City of South Bend, Indiana, Redevelopment Commission (Commission) has approved and adopted Resolution No. 1138, changing the base assessment date of REGULAR MEETING MARCH 22, 1993 the West Washington- Chapin Development Area, from the date previously established by Resolution No. 818, adopted by the Commission on October 23, 1987, and confirmed by Resolution No. 824, adopted by the Commission on December 11, 1987, and to make such change by amending Resolution No. 818 and has submitted said Resolution No. 1138 to the Common Council of the City of South Bend for approval pursuant to the provisions of Indiana Code 36- 7 -14 -1, et seq., (the Act) which Resolution is attached hereto and made a part hereof; and WHEREAS, pursuant to the provisions of the Act, the Commission desires to change the base assessment date for the West Washington- Chapin Development Area (Area) from March 1, 1987, to March 1, 1992. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, as follows: 1. That Resolution No. 1138, adopted by the South Bend Redevelopment Commission on February 19, 1993, conforms to the Master Plan of Development for the City of South Bend. 2. That Resolution No. 1138 of the South Bend Redevelopment Commission, changing the base assessment date for the West Washington- Chapin Development Area from March 1, 1987, to March 1, 1992, is in all respects approved, ratified, and confirmed. 3. This resolution hereby constitutes the approval of the Common Council of the City of South Bend on Resolution No. 1138 pursuant to I.C. 36- 7- 14 -16. 4. That the City Clerk of the City of South Bend is hereby directed to file a copy of said Resolution No. 1138 with the minutes of this meeting. 5. 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 resolution and recommended it favorable. Ann Kolata, Economic Development, made the presentation. She indicated this resolution would change the base assessment date for the West Washington- Chapin Street Development Area, in order to compensate for the loss in assessment valuation from the 1990 reassessment. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. The motion carried. RESOLUTION NO. 2027 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND REGARDING USE OF SURPLUS BOND PROCEEDS FROM SEWAGE WORKS REVENUE BONDS OF 1989. WHEREAS, this Common Council adopted Ordinance No. 7951 -88, authorizing the issuance of the City's Sewage Works Revenue Bonds of 1989, the proceeds of which were used to make general improvements to the City's sewer utility; and WHEREAS, the City Controller has made certifications regarding surplus monies derived from bond proceeds and investment earnings on bond proceeds; and WHEREAS, this Common Council deems it advisable to use said surplus and further investment earnings thereon fro additional improvements to the City's sewage works as more particularly described on Exhibit A attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the determinations set forth in the certifications of the Controller are hereby approved. 2. That the Common Council of the City of South Bend hereby approves the use of said surplus and further investment earnings thereon for the purposes as described on Exhibit A attached hereto. This Resolution shall be in full force and effect from and after its passage 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 Zakrzewski reported that the Utilities Committee had met on this resolution and recommended it to the Council favorable. Kevin Horton, Controller, made the presentation for the bill. He indicated this resolution allowed for the expenditure of $520,000 in surplus funds from the 1989 Sewage Works Revenue Bond Issue. He indicated these funds would be used on improvements to the City's sewage works. Jack Dillon, Director of Environmental Services, spoke regarding the problems with the Chippewa PF18 REGULAR MEETING MARCH 22, 1993 retention basin. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution passed by a roll call vote of nine ayes RESOLUTION NO. 2028 -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 321 -323 SOUTH MAIN STREET, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEVE SOMMERS (DBA: AJSS PROPERTY MANAGEMENT). 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 321 -323 South Main, South Bend, Indiana, and which is more particularly described as follows: Lot 274, except 22 x 90 feet NE corner, Original Plot, South Bend and which has Key Number 18 3008 0263, 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 an Economic Revitalization Area for purposed of real property tax abatement. 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 Ten (10) years. Section VII. The Common Council directs the City Clerk to cause notice of the r) 114 REGULAR MEETING MARCH 22, 1993 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. Stephen Sommers, 51574 Kenilworth, made the presentation for the bill. He indicated they planned to renovate the building at 321 -323 S. Main which is in disrepair and needed immediate repair before they would be able to occupy. He indicated the total cost of the renovations would be $300,000. 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. BILLS. FIRST READING BILL NO. 20 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY WEST OF NORTH LAPORTE AVENUE FROM THE NORTH RIGHT -OF -WAY LINE OF WEST WASHINGTON STREET TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING ALLEY NORTH OF WEST WASHINGTON STREET FOR A DISTANCE OF APPROXIMATELY 172 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN ROCKAFELLER'S THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Zoning and Vacation Committee and set it for pubic hearing and third reading on April 12, seconded by Council Member Coleman. The motion carried. BILL NO. 21 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF W. DONALD ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. MAIN ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF S. MAIN ST., FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 11 FEET. PART SITUATED IN BOWMAN'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. 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 pubic hearing and third reading on April 12, seconded by Council Member Duda. The motion carried. BILL NO. 22 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING ". 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 pubic hearing and third reading on April 12, seconded by Council Member Washington. The motion carried. BILL NO. 23 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH LAFAYETTE FROM THE NORTH RIGHT -OF -WAY LINE OF WEST BROADWAY TO THE SOUTH RIGHT -OF -WAY LINE OF WEST STULL AND VACATING THE FIRST EAST -WEST ALLEY NORTH OF WEST BROADWAY FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH FRANKLIN TO THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH FRANKLIN. 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 pubic hearing and third reading on April 12, seconded by Council Member Washington. The motion carried. BILL NO. 24 -93 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 (STOUFFER ANNEXATION). 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 pubic hearing and third reading on April 12, seconded by Council Member Duda. The motion carried. ORDINANCE NO. 8364 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED "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 INTEREST OF THE OWNERS' OF SAID REVENUE BONDS, AND OTHER MATTERS CONNECTED THEREWITH AND REPEALING ORDINANCES INCONSISTENT THEREWITH ". REGULAR MEETING MARCH 22, 1993 This bill had first reading. Council Member Coleman made a motion to suspend the rules and have public hearing and third reading on this bill, seconded by Council Member Puzzello. The motion carried on a roll call vote of nine ayes. Council Member Puzzello reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Kevin Horton, City Controller, made the presentation for the bill. He indicated that Ordinance 8369 -93 authorized the issuance of Sewage Works Refunding Bond Issue, which was sold on March 15th. He indicated that due to the terms and conditions of the sale it would be best to amend this ordinance to shorten by one year the call provision, which is a technical amendment. Council Member Kelly made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. UNFINISHED BUSINESS Council Member Puzzello made a motion to set Bill nos. 7 & 8 -93 for public hearing and third reading on April 12 and refer them to the Zoning and Vacation Committee, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Barbara Brownell, 1407 Sunnymede; Linda Petill, 14677 Lindy Dr.; Barry Baumbaugh, 12032 Timerline, spoke against the option tax proposal. Jim Cierzniak, 1156 E. Victoria Street, spoke against the proposed National College Football Hall of Fame. Joyce Boaler, 1606 Hillsdale, indicated democracy was dead in the community. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Ladewski. The motion carried and the meeting was adjourned at 8:55 p.m. ATTEST: City Clerk ATTEST: President