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HomeMy WebLinkAbout08-23-93 Council Meeting MinutesREGULAR MEETING AUGUST 23, 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, August 23, 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 July 29, August 1, August 9, 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 July 29, August 1 and August 9, 1993, meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Richard Nussbaum, City Attorney, gave a report on the Legal Department's roll in enforcement of City ordinance violations. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. 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 August 23, 1993 at 7:30 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 47 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 135 EAST IRELAND ROAD, 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 unfavorable. John Byorni, Area Plan, gave the Commission report, which was favorable, subject to a curb cut on Norman. Richard Morgan, Attorney, made the presentation for the bill. He indicated the petitioners were willing to amend this bill, subject to a curb cut on Norman Street controlled by a gate that would only allow delivery trucks to exit. Council Member Kelly indicated the petitioners were clients of Society Bank, but voting on this issue would not constitute a conflict of interest. Council Member Slavinskas made a motion to amend Section II, by adding a sentence to read "Subject to a curb cut on Norman Street controlled by a gate allowing only the exit of delivery trucks during the hours of 8:00 a.m. to 6:00 p.m. ", seconded by Council Member Puzzello, the motion carried. Joe Wilk, 139 E. Norman, indicated his sons, who live on Norman St., wanted this zoning to pass, but he had reservations. Della Curtis, 149 E. Ireland, indicated she was opposed to this zoning due to the increased traffic on Ireland. Mr. Morgan, attorney, indicated the gate will prevent traffic from going on to Norman. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Kelly. The motion carried. BILL NO. 65 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1131 W. WASHINGTON 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. John Byorni, Area Plan, gave the Commission report, which was favorable. Adeline Jones, 1131 W. Washington, made the presentation for the bill. She indicated this property was used as a barber shop and convenience store and it was grandfathered in for that use in an A- residential area. She indicated she talked with South Bend Heritage about adding a food service facility with a drive through area; and after getting a loan and having the driveway poured they applied for a permit to upgrade the kitchen and found they were not zoned property. Dea Andrews, 223 S. Scott, spoke in favor of the zoning. Eugenia Braboy, 1028 W. Colfax, indicated this would be an asset to the neighborhood. Don Grandison, 50614 Linden Grove, indicated he owned property in the neighborhood and was in favor of the zoning; he said he was speaking for Clark Funeral Home who was in favor of the rezoning. William Ellison, 1008 W. Colfax and Louvenia Cain, 1207 W. Colfax, spoke in favor of the rezoning. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 67 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST - WEST ALLEY SOUTH OF NAVARRE STREET, RUNNING WEST FROM THE WEST LINE OF r(jG REGULAR MEETING AUGUST 23, 1993 LAFAYETTE BOULEVARD TO THE FIRST NORTH -SOUTH ALLEY. THIS ALLEY IS BETWEEN LOTS 363 AND 364 IN THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, AND IS 165 FEET LONG. 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 sent it to the Council with no recommendation. Bruce Bancroft, attorney for H &S Partnership, made the presentation for the bill. He indicated they planned to put on an addition to their medical facility and it was necessary that they have a total of 25 parking spaces. He indicated the public would not be prevented from using the alley, as it will remain open, however, they would be in favor of a perpetual easement for this alley, in order to prevent the owners from blocking the alley. Council attorney, Kathleen Cekanski - Farrand, read the following amendment to the bill: Add a sentence to Sec. V. to read "This ordinance shall be subject to a perpetual usage easement acceptable to the City's Legal Department, which shall be recorded in the St. Joseph County Recorder's Office at the petitioner's expense." Council Member Luecke made a motion to accept this amendment, seconded by Council Member Puzzello. The motion carried. Pat Brennan, 312 W. Navarre. spoke against this alley vacation. A resident of 317 W. Marion, indicated this alley should remain open. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Slavinskas. The motion carried. BILL NO. 68 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLES 1 AND 2 OF CHAPTER 17 OF THE MUNICIPAL CODE RELATING TO PRETREATMENT REQUIREMENTS FOR THE USE OF THE PUBLIC SEWERS. 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 Zakrzewski reported that the Utilities Committee had met on this bill and recommended it to the Council favorable. Council Member Luecke made a motion to accept the substitute page 25, seconded by Council Member Coleman. The motion carried. Jack Dillon, Director Environmental Services, made the presentation for the bill. He indicated this bill amends portions of Chapter 17 to bring the City's sewage pretreatment requirements into compliance with current Federal pretreatment regulations, by incorporating recent revisions. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Washington. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. A�EST n� Chairman Be it remembered that the Common Council Council Chambers on the fourth floor Council President Luecke presiding, and BILLS, THIRD READING ATTEST: City Clerk of the City of South Bend reconvened in the of the County -City Building at 8:56 p.m. nine members present. ORDINANCE NO. 8406 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 135 EAST IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Zakrzewski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Duda. The motion carried. Council Member Slavinskas made a motion to pass this bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of six ayes and three nays (Council Member Luecke, Zakrzewski and Coleman.) ORDINANCE NO. 8407 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1131 W. WASHINGTON IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Washington 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. 8408 -93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF NAVARRE STREET, RUNNING WEST FROM THE WEST LINE OF LAFAYETTE BOULEVARD TO THE FIRST NORTH -SOUTH ALLEY. THIS ALLEY IS BETWEEN LOTS 363 AND 364 IN THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, AND IS 165 FEET LONG. 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 Duda. The motion carried. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. REGULAR MEETING call vote of nine ayes. RESOLUTIONS AUGUST 23, 1994 RESOLUTION NO. 2060 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1137 S. LAFAYETTE BLVD., AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR EXACTO, INC. OF SOUTH BEND. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1137 S. Lafayette Blvd., South Bend, Indiana, and which is more particularly described as follows: Beginning at the SW corner of Lot 7, Stull's Second Edition; Thence N along E right -of -way of an alley a distance of 336.06 feet + or - to a point; said point being the NW corner of the S 1/2 of Lot 64, South Bend City Edition; thence E along the northern boundary of said 1/2 of Lot 64 which is on the western right - of -way of Lafayette Blvd.; thence, S a distance of 275 feet + or - to the SE corner of Lot 6, Stull's Second Edition; Thence, W a distance of 125 feet to a point; thence, S 66 feet to a point; thence, W 40 feet to a point of beginning. All being within the City of South Bend, County of St. Joseph, State of Indiana. and this property has Key Numbers 18 8006 0288, 18 8002 0115, 18 8006 0282, 18 8006 028201, 18 8006 0285, 18 8006 028501, 18 8002 0116, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et seq., and South Bend Municipal Code Section 2 -76 et seq.; and WHEREAS, the Department of Economic 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 pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) 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 installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3- REGULAR MEETING AUGUST 23, 1994 1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. 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 J. 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. Gunther Jordan, owner of Exacto, made the presentation for the resolution. He indicated they needed to purchase state -of -the art equipment in order to keep up with their customer's orders. He indicated five new jobs will be created. 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 93 -64 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 400 WEST SAMPLE STREET, SOUTH BEND, INDIANA 46634, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR TURNMASTER CORP. d /b /a/ SOUTH BEND LATHE CORP. Council Member Coleman made a motion to continue public hearing on this bill, at the request of the petitioner, until September 13, seconded by Council Member Washington. The motion carried. RESOLUTION NO. 2061 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE SOUTH BEND HOUSING AUTHORITY TO SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR SECTION 8 CERTIFICATES - VOUCHERS. WHEREAS, the South Bend Housing Authority is the applicant for a grant from the United States Department of Housing and Urban Development; and WHEREAS, the receipt of Section 8 Existing Certificates and Vouchers will enable the South Bend Housing Authority to provide housing assistance to eligible families; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA; SECTION I: The Common Council hereby establishes the authority of the South Bend Housing Authority to submit a grant application to the United States Department of Housing and Urban Development for funding for Section 8 Existing Certificates /Vouchers to be used to house eligible families. SECTION II: 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. Sherry Sims, Deputy Director of the Housing Authority, made the presentation for the bill. She indicated this resolution would allow the Housing Authority to apply for Section 8 Existing Certificates, in order to provide housing assistance to eligible families. She indicated there was a waiting list for assistance at this time. David Fritz, 618 Leland, spoke against this resolution. He indicated the availability of these vouchers continue to add to the growth of absentee landlords. He also indicated the bulk of Section 8 housing is located in certain areas of the City. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 70 -93 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, RELATIVE TO FLOODPLAIN REGULATIONS, BY DELETING ARTICLE 12 IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE 12. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Vacation Committee, and set it bill for public hearing and third reading on September 23, seconded by Council Member Duda. The motion carried. BILL NO. 71 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREETS AND ALLEYS TO BE VACATED ARE DESCRIBED AS E. MILTON ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; THE FIRST EAST -WEST ALLEY SOUTH OF E. MILTON ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; E. CALVERT ST FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE REGULAR MEETING AUGUST 23, 1994 OF S. RUSH ST; THE FIRST EAST -WEST ALLEY SOUTH OF E. CALVERT ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; E. BOWMAN ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; THE FIRST NORTH -SOUTH ALLEY EAST OF S. FELLOWS ST. FROM THE NORTH RIGHT -OF -WAY LINE OF E. CALVERT ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. MILTON, EXCLUDING THAT AREA WHICH INTERSECTS WITH THE EAST -WEST ALLEY; THE FIRST NORTH -SOUTH ALLEY EAST OF S. FELLOWS ST. FROM THE NORTH RIGHT -OF -WAY LINE OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. CALVERT ST, EXCLUDING THAT AREA WHICH INTERSECTS WITH THE EAST -WEST ALLEY; AND S. RUSH ST. FROM THE SOUTH RIGHT -OF -WAY LINE OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY NORTH OF E. MILTON ST. PARTS LOCATED IN STUDEBAKER'S SECOND AND THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT A.) THE STREET TO BE VACATED IS DESCRIBED AS E. CALVERT ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. RUSH ST. TO THE WEST RIGHT -OF -WAY LINE OF S. HIGH ST. PART LOCATED IN HENRY STUDEBAKER PARK AND SOUTH EAST ADDITION IN THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT B.) THE STREET TO BE VACATED IS DESCRIBED AS S. MARIETTA FROM THE SOUTH RIGHT -OF -WAY LINE OF E. DAYTON ST. TO THE SOUTH RIGHT -OF- WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. DAYTON FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF APPROXIMATELY 49.5 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT C.) THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH FELLOWS FROM THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. BOWMAN FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT D.) THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF S. FELLOWS FROM THE NORTH RIGHT -OF -WAY LINE OF E. MILTON ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING EAST -WEST ALLEY NORTH OF E. MILTON ST. FOR A DISTANCE OF APPROXIMATELY 120 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT E.) THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF E. DAYTON FROM THE WEST RIGHT -OF -WAY LINE OF S. MARIETTA TO THE WEST LINE OF LOT 127 FOR A DISTANCE OF APPROXIMATELY 120 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT F.) 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 public hearing on September 13, and continue it in the public hearing portion of the meeting, seconded by Council Member Duda. The motion carried. BILL NO. 72 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 14 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY ADDING A NEW SECTION 2 -169.2 ENTITLED "CONSOLIDATED BUILDING DEPARTMENT ENTERPRISE FUND ". This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on September 13, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 73 -93 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1994. This bill had first reading. Council Member Slavinskas made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing on September 13, and third reading on September 27, seconded by Council Member Duda. The motion carried. BILL NO. 74 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1994, AND ENDING DECEMBER 31, 1994, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing on September 13, and third reading on September 27, seconded by Council Member Duda. The motion carried. �sA REGULAR MEETING AUGUST 23, 1994 OF S. RUSH ST; THE FIRST EAST -WEST ALLEY SOUTH OF E. CALVERT ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; E. BOWMAN ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST; THE FIRST NORTH -SOUTH ALLEY EAST OF S. FELLOWS ST. FROM THE NORTH RIGHT -OF -WAY LINE OF E. CALVERT ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. MILTON, EXCLUDING THAT AREA WHICH INTERSECTS WITH THE EAST -WEST ALLEY; THE FIRST NORTH -SOUTH ALLEY EAST OF S. FELLOWS ST. FROM THE NORTH RIGHT -OF -WAY LINE OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. CALVERT ST, EXCLUDING THAT AREA WHICH INTERSECTS WITH THE EAST -WEST ALLEY; AND S. RUSH ST. FROM THE SOUTH RIGHT -OF -WAY LINE OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY NORTH OF E. MILTON ST. PARTS LOCATED IN STUDEBAKER'S SECOND AND THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT A.) THE STREET TO BE VACATED IS DESCRIBED AS E. CALVERT ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. RUSH ST. TO THE WEST RIGHT -OF -WAY LINE OF S. HIGH ST. PART LOCATED IN HENRY STUDEBAKER PARK AND SOUTH EAST ADDITION IN THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT B.) THE STREET TO BE VACATED IS DESCRIBED AS S. MARIETTA FROM THE SOUTH RIGHT -OF -WAY LINE OF E. DAYTON ST. TO THE SOUTH RIGHT -OF- WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. DAYTON FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF APPROXIMATELY 49.5 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT C.) THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH FELLOWS FROM THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. BOWMAN FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT D.) THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF S. FELLOWS FROM THE NORTH RIGHT -OF -WAY LINE OF E. MILTON ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING EAST -WEST ALLEY NORTH OF E. MILTON ST. FOR A DISTANCE OF APPROXIMATELY 120 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT E.) THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF E. DAYTON FROM THE WEST RIGHT -OF -WAY LINE OF S. MARIETTA TO THE WEST LINE OF LOT 127 FOR A DISTANCE OF APPROXIMATELY 120 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. (SEE EXHIBIT F.) 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 public hearing on September 13, and continue it in the public hearing portion of the meeting, seconded by Council Member Duda. The motion carried. BILL NO. 72 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 14 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY ADDING A NEW SECTION 2 -169.2 ENTITLED "CONSOLIDATED BUILDING DEPARTMENT ENTERPRISE FUND ". This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on September 13, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 73 -93 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1994. This bill had first reading. Council Member Slavinskas made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing on September 13, and third reading on September 27, seconded by Council Member Duda. The motion carried. BILL NO. 74 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1994, AND ENDING DECEMBER 31, 1994, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing on September 13, and third reading on September 27, seconded by Council Member Duda. The motion carried. REGULAR MEETING AUGUST 23, 1994 BILL NO. 75 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1994, AND ENDING DECEMBER 31, 1994, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing on September 13, and third reading on September 27, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill No. 64 -93 for public hearing and third reading on September 13, and refer it to the Zoning and Vacation Committee, seconded by Council Member Duda. The motion carried. ORDINANCE NO. 8410 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ARTICLE 9 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "HUMAN RIGHTS ORDINANCE" Lonnie Douglas, Director of Human Rights, asked that the rules be suspended in order to pass this bill, as required by HUD, by September 1. Council Member Coleman made a motion to suspend rules, seconded by Council Member Washington. The motion carried on a roll call vote of nine ayes. 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. Council Member Washington made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. He indicated that since this Human Rights ordinance was passed in 1992 the definition of handicapped was expanded to parallel the definition of disability, and it is preferable to substitute the term disabled for the previously used term handicapped. This bill had third reading. Council Member Coleman made a motion to pass this bill, as amended, seconded by Council Member Washington. The bill passed on a roll call vote of nine ayes. PRIVILEGE OF THE FLOOR - James Cierzniak spoke regarding the Football Hall of Fame. Jo Blacketor, 906 E. Eckman, spoke regarding School City's plan Street. to close Calvert 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 10:10 p.m. ATTEST: City Clerk ATTEST: nF',