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HomeMy WebLinkAbout07-13-87 Council Meeting MinutesREGULAR MEETING JULY 13, 1987 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, July 13, 1987, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Braboy, Puzzello,Beck, Taylor, Zakrzewski, Barcome, Paszek, Voorde and Serge, 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 June 22, 1987 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Beverlie J. Beck /s/ Al Paszek /s/ James Barcome Council Member Taylor made a motion that the minutes of the June 22, 1987, meeting of the Council be accepted and placed on file, seconded by Council Member Braboy. The motion carried. SPECIAL BUSINESS Council Member Beck made a motion to set the July 27 meeting at 4:30 p.m., seconded by Council Member Voorde. The motion carried. Council Member Taylor made a motion to reappoint Joseph Kasa and Max Moffett to the Mayor's Traffic Commission, and Ann Puzzello to the Energy Commission, seconded by Council Member Barcome. The motion carried. REPORTS Council Member Voorde indicated the Zoning and Vacation Committee had met on Bill Nos. 16, 32, 47 and 56 and they all received a favorable recommendation. Council Member Barcome indicated the Parks Committee had met on Bill Nos. 58 and 66 -87 and recommended them favorably. Council Member Paszek indicated the Utilities Committee had met on Bill No. 65 -87 and recommended it favorably. Council Member Beck indicated the Personnel and Finance Committee had met on Bill Nos. 60, 61, 62 and 63 -87 and recommended them favorably. Council Member Braboy indicated the Human Resources Committee had met on Bill No. 59 -87 and resolutions 87 -63 and 64, and recommended them favorably. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Barcome. 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 July 13, at 7:06 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 57 -87 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BOND, SERIES 1987 (KOKOKU WIRE INDUSTRIES CORPORATION PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF THREE MILLION TWO HUNDRED THOUSAND DOLLARS ($3,200,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. 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 Voorde made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Barcome. The motion carried. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated Kokoku was requesting a $3,200,000 bond issue to be used to acquire and rehabilitate facilities for use as a wire manufacturing operation located at 1217 South Walnut. He indicated this bond issue would permit the reopening of a closed facility and the hiring of approximately 45 new employees. Stephen Queior, President of the Chamber of Commerce, spoke in favor of this bill. Council Member Barcome made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Serge. The motion carried. REGULAR MEETING JULY 13, 1987 BILL NO. 16 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE 200 BLOCK OF SOUTH LOGAN STREET 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. Gary Stair, assistant directo of Area Plan, gave the staff report which was unfavorable. Gordon Johnson, 17055 Barryknoll Way, a representative of Cressy and Everett, showed slides of the area. He indicated Super Wash will pave the alley and erect a solid wooden fence. He indicated they were requesting a variance on the car stacking requirements. Counci Member Beck asked that they erect an eight foot fence to shield the car wash from the residential area. Council Member Taylor made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motio carried. Council Member Taylor made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Serge. The motion carried. BILL NO. 47 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST SIDE OF SOUTH BEND AVENUE (INDIANA ROUTE 23) BEGINNING APPROXIMATELY 235 FEET NORTHEAST OF THE NORTHEAST CORNER OF EDISON ROAD AND SOUTH BEND AVENUE IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Taylor made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Paszek. The motion carried. Gary Stair, assistant director of Area Plan, gave the staff report which was favorable. Kevin Butler, attorney for the petitioner, made the presentation for the bill. He indicated this five and one -hall acre site is currently vacant and is quite unsightly. He described the surrounding area which is basically commercial. He indicated the petitioner planned to build condos on the site, and this would be a five to six million dollar project. He indicated there will be 102 units in 15 buildings, they will have a club house and pool, as well as 204 parking spaces. He indicated there will be two entrances, one on Edison and one of State Road 23. Council Member Barcome made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Paszek. The motion carried. BILL NO. 56 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 40 FOOT RIGHT -OF -WAY OF LATHROP STREET FROM THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 38 NORTH, RANGE 2 EAST, EAST TO 450 FEET WEST OF THE WEST RIGHT -OF -WAY LINE OF FOUNDATION DRIVE, A DISTANCE OF APPROXIMATELY 2,000 FEET. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Schalliol, Director of the St. Joseph County Airport, made the presentation for the bill. He indicated they were requesting this vacation in order to further develop the airport. Counci: Member Taylor made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. BILL NO. 32 -87 A BILL AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 21, ARTICLE 6.5, ENTITLED HISTORIC PRESERVATION COMMISSION. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Gary Stair, assistant DireCtO3 of Area Plan, gave the staff report which was favorable. Brian Poland, acting Director of Historic Preservation, made the presentation for the bill. He indicate( the purpose of this amendment is to allow the Commission to review National Register applicants for South Bend properties. He indicated South Bend was designated a Certified Local Government by the U.S. Department of Interior to allow us to assume some of the preservation tasks previously done by the State Historic Preservation Office and to have more of a role in local preservation issues. He indicated one of those tasks is review of National Register applications. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Taylor. The motion carried. BILL NO. 28 -87 A BILL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2 OF THE MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 18 ENTITLED NEUTRAL REDISTRICTING OF COUNCILMANIC DISTRICTS. 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 Voorde made the presentation for the bill. He indicated this bill basically opens the door to public participation in the redistricting process. He indicated the Council can to redistrict after every census and there are three requirements: the districts must be contiguous, compact as possible and as even as possible populationwise. Norman Primus, 1833 Campeau, indicated redistricting is an important part of the electoral RE REGULAR MEETING JULY 13, 1987 process. He indicated this bill seeks to establish neutral criteria and appoints a neutral party to oversee the function. Ken Donnelly, 2605 Frederickson; Joe Guentert, 3510 Corby; Steven Drindel, attorney, and local chairman of Common Cause; and Glendarae Hernandez, 702 E. South; spoke in favor of this bill. Council Member Beck made a motion to amend the bill in section 2 -213 "c" by adding "In addition to the above specific criteria the plan must be in the best interest of the community in assuring fair and broad representation. ", seconded by Council Member Braboy. The motion carried. Council Member Voorde made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Taylor. The motion failed on a roll call vote of four ayes and five nays (Council Members Puzzello, Zakrzewski, Barcome, Paszek and Serge.) BILL NO. 58 -87 A BILL APPROPRIATING $108,927.74 FROM THE ZOO ENDOWMENT FUND, ACCOUNT NUMBER 403 TO ACCOUNT 399.0 CONTRACTUAL SERVICES, SAID ACCOUNT BEING WITHIN THE GENERAL PARK FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. James Seitz, Superintendent of Parks, made the presentation for the bill. He indicated the Park Commissioners received a check for $104,175.11 which represents funds from the will of the late Susan B. Nickell, and the will stated that the funds should be spent for the construction of a petting area at the Zoo to be named "Baker Park." Council Member Barcome made a motion to recommend this bill to the Council favorably, seconded by Council Member Beck. The motion carried. BILL NO. 59 -87 A BILL APPROPRIATING $115,478.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. 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 Taylor made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Elizabeth Leonard, Director of Financial Management for Economic Development, made the presentation for the bill. She indicated this bill would appropriate additional CDBG funds recently released among CD accounts. She indicated the substitute bill added $43,000 for public improvements in the Near West Side Section of the NRA. Council Member Beck made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 60 -87 A BILL APPROPRIATING $66,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS THE GENERAL REVENUE SHARING TRUST FUND TO ACCOUNT 4399.0 OTHER CONTRACTUALS TO PAY THE 1987 PLEDGE TO PROJECT FUTURE BY THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Michael Vance, Controller, made the presentation for the bill. He indicated this appropriation will allow the City to continue its pledge to the Project Future program. He indicated these funds were originally budgeted for the Civil City, however, the Council removed these monies from the budget and it was suggested that revenue sharing funds should be used for this expenditure. Steve Queior, President of the Chamber of Commerce, spoke in favor of this bill. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Beck. The motion carried. BILL NO. 61 -87 A BILL APPROPRIATING $230,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS THE GENERAL REVENUE SHARING TRUST FUND TO ACCOUNT 4399.0 OTHER CONTRACTUALS WITHIN SAID FUND TO PAY THE CITY'S PORTION OF COSTS ASSOCIATED WITH THE CONSTRUCTION OF A DEMONSTRATION HYDRO ELECTRIC PLANT ON THE ST. JOSEPH RIVER. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. James Seitz, Superintendent of Parks, made the presentation for the bill. He indicated this appropriation will enable the City to pay its estimated share of the costs for the Hydro Electric Demonstration Plant being constructed on the St. Joseph River at Seitz Park. He indicated the balance of the costs will be absorbed by the Indiana Department of Natural Resources. Arthur Quigley, 1019 Frances, spoke in favor of this bill. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. Council Member Taylor made a motion to combine public hearing on the next two bill, seconded by Council member Voorde. The motion carried. BILL NO. 62 -87 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1987. e BILL NO. 63 -87 A BILL TRANSFERRING MONIES BETWEEN VARIOUS ACCOUNTS IN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS IN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1987. This being the time heretofore set for public hearing on the above bills, proponen and opponents were given an opportunity to be heard. Council Member Beck made a motion to accept the amendment to Bill No. 62 -87, as on file with the City Clerk, seconded by Council Member Voorde. The motion carried. Michael Vance, Controller indicated these two bills transfer existing appropriated funds between various accounts in the various departments of the City of South Bend so that actual projected needs and expenses are reflected as opposed to those estimated at budget passage time. He indicated that included are expenses relating to on -duty injurie for police officers and housekeeping expenses at the East Sector Police Station, transferring the cost of fringe benefits from the Police Department to the Emergen Communications Center and Fire Department overtime relating to recall. Also cover in these bills are additional expenses relating to the Sanitation Department for unanticipated sewer repairs. Council Member Voorde made a motion to recommend Bil No. 62 -87 to the Council favorably, as amended, seconded by Council Member Barcome The motion carried. Council Member Barcome made a motion to recommend Bill No. 63 -87 to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 64 -87 A BILL APPROPRIATING $107,496.00 WITHIN THE STANLEY COVELESKI REGIONAL BASEBALL STADIUM FUND FOR THE YEAR 1987. This being the time heretofore set for public hearing on the above bill, proponer and opponents were given an opportunity to be heard. Michael Vance, Controller, made the presentation for the bill. He indicated this appropriation represents monies received in April from the Cablevision franchise. He indicated these moni will be used for expenses related to the improvements, equipment, and operations the Coveleski Stadium. Council Member Barcome made a motion to recommend this bi to the Council favorably, seconded by Council Member Taylor. The motion carried. Council Member Barcome made a motion to combine public hearing on the next two bills, seconded by Council Member Taylor. The motion carried. BILL NO. 65 -87 A BILL APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $267,348.00 WITHIN THE SOLID WASTE OPERATIONS AND MAINTENANCE FUND. THE SOUTH BEND /CLAY WATER WORKS OPERATING FUND, THE SE' WORKS OPERATION AND MAINTENANCE FUND. THE SOUTH BEND /CLAY SE' WORKS OPERATING FUND AND THE CENTURY CENTER OPERATING FUND OF CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1987 AS SET FORTH BE BILL NO. 66 -87 A BILL APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $411,837.00 WITHIN THE GENERAL FUND AND $174,679.00 WITHIN THE PARK MAINTENANCE FUND OF THE CITY OF SOUTH BEND, INDIANA FOR T YEAR 1987. This being the time heretofore set for public hearing on the above bills, propone and opponents were given an opportunity to be heard. Michael Vance, Controller, m the presentation for the bills. He indicated that monies were being appropriated for operating and capital improvement expenses with th City's enterprise funds, a well as additional appropriations to the General Fund relating to excise taxes estimated low by the State Tax Board, additional costs of benefits negotiated fro the F.O.P. and Fire Fighters, additional police motor equipment and expenses rela to capital improvements being made by the Park Department. Council Member Barcom made a motion to recommend Bill No. 65 -87 to the Council favorably, seconded by Council member Taylor. The motion carried. Council Member Barcome made a motion recommend Bill No. 66 -87 to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. There being no further business to come before the Committee of the Whole, Counci Member Zakrzewski made a motion to rise and report to the Council, seconded by Council Member Barcome. The motion carried. ATTEST: City Clerk ATTEST: a/ 11A ) � zz�A C a'r n Council Member Voorde made a motion to recess, seconded by Council Member Taylor. The motion carried and the meeting was recessed at 9:06 p.m. REGULAR MEETING RECONVENED LWAwd 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 9:06 p.m. Council President Serge presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 7773 -87 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BOND, SERIES 1987 (KOKOKU WIRE INDUSTRIES CORPORATION PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF THREE MILLION TWO HUNDRED THOUSAND DOLLARS ($3,200,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7774 -87 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE 200 BLOCK OF SOUTH LOGAN STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Beck made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Beck made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7775 -87 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST SIDE OF SOUTH BEND AVENUE (INDIANA ROUTE 23) BEGINNING APPROXIMATELY 235 FEET NORTHEAST OF THE NORTHEAST CORNER OF EDISON ROAD AND SOUTH BEND AVENUE IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Beck. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7776 -87 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 40 FOOT RIGHT -OF -WAY OF LATHROP STREET FROM THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 38 NORTH, RANGE 2 EAST, EAST TO 450 FEET WEST OF THE WEST RIGHT -OF -WAY LINE OF FOUNDATION DRIVE, A DISTANCE OF APPROXIMATELY 2,000 FEET. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7777 -87 AN ORDINANCE AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 21, ARTICLE 6.5, ENTITLED HISTORIC PRESERVATION COMMISSION. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. BILL NO. 28 -87 A BILL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2 OF THE MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 18 ENTITLED NEUTRAL REDISTRICTING OF COUNCILMANIC DISTRICTS. This bill had second reading. Council Member Beck made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion failed on a roll call vote of four ayes and five nays (Council Members Puzzello, Zakrzewski, Barcome, Paszek and Serge). Council Member Voorde made a motion to pass the bill, as amended, seconded by Council Member Taylor. The bill failed on a roll call vote of four ayes and five nays (Council Members Puzzello, Zakrzewski, Barcome, Paszek and Serge). ORDINANCE NO. 7778 -87 AN ORDINANCE APPROPRIATING $108,927.74 FROM THE ZOO ENDOWMENT FUND, ACCOUNT NUMBER 403 TO ACCOUNT 399.0 CONTRACTUAL SERVICES, SAID ACCOUNT BEING WITHIN THE GENERAL PARK FUND. REGULAR MEETING JULY 13, 19.87 BILL NO. 63 -87 A BILL TRANSFERRING MONIES BETWEEN VARIOUS ACCOUNTS IN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS IN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1987. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Beck made a motion to accept the amendment to Bill No. 62 -87, as on file with the City Clerk, seconded by Council Member Voorde. The motion carried. Michael Vance, Controller, indicated these two bills transfer existing appropriated funds between various accounts in the various departments of the City of South Bend so that actual projected needs and expenses are reflected as opposed to those estimated at budget passage time. He indicated that included are expenses relating to on -duty injuries for police officers and housekeeping expenses at the East Sector Police Station, transferring the cost of fringe benefits from the Police Department to the Emergency Communications Center and Fire Department overtime relating to recall. Also covered in these bills are additional expenses relating to the Sanitation Department for unanticipated sewer repairs. Council Member Voorde made a motion to recommend Bill No. 62 -87 to the Council favorably, as amended, seconded by Council Member Barcome. The motion carried. Council Member Barcome made a motion to recommend Bill No. 63 -87 to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 64 -87 A BILL APPROPRIATING $107,496.00 WITHIN THE STANLEY COVELESKI REGIONAL BASEBALL STADIUM FUND FOR THE YEAR 1987. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Michael Vance, Controller, made the presentation for the bill. He indicated this appropriation represents monies received in April from the Cablevision franchise. He indicated these monies will be used for expenses related to the improvements, equipment, and operations of the Coveleski Stadium. Council Member Barcome made a motion to recommend this bill to the Council favorably, seconded by Council Member Taylor. The motion carried. Council Member Barcome made a motion to combine public hearing on the next two bills, seconded by Council Member Taylor. The motion carried. BILL NO. 65 -87 A BILL APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $267,348.00 WITHIN THE SOLID WASTE OPERATIONS AND MAINTENANCE FUND. THE SOUTH BEND /CLAY WATER WORKS OPERATING FUND, THE SEWAGE WORKS OPERATION AND MAINTENANCE FUND. THE SOUTH BEND /CLAY SEWAGE WORKS OPERATING FUND AND THE CENTURY CENTER OPERATING FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1987 AS SET FORTH BELOW. BILL NO. 66 -87 A BILL APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $411,837.00 WITHIN THE GENERAL FUND AND $174,679.00 WITHIN THE PARK MAINTENANCE FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1987. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Michael Vance, Controller, made the presentation for the bills. He indicated that monies were being appropriated for operating and capital improvement expenses with th City's enterprise funds, as well as additional appropriations to the General Fund relating to excise taxes estimated low by the State Tax Board, additional costs of benefits negotiated from the F.O.P. and Fire Fighters, additional police motor equipment and expenses related to capital improvements being made by the Park Department. Council Member Barcome made a motion to recommend Bill No. 65 -87 to the Council favorably, seconded by Council member Taylor. The motion carried. Council Member Barcome made a motion to recommend Bill No. 66 -87 to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. There being no further business to Member Zakrzewski made a motion to Council Member Barcome. The motion ATTEST: City Clerk come before the Committee of the Whole, Council rise and report to the Council, seconded by carried. ATTEST: C a' an Council Member Voorde made a motion to recess, seconded by Council Member Taylor. The motion carried and the meeting was recessed at 9:06 p.m. 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 9:06 p.m. Council President Serge presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 7773 -87 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BOND, SERIES 1987 (KOKOKU WIRE INDUSTRIES CORPORATION PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF THREE MILLION TWO HUNDRED THOUSAND DOLLARS ($3,200,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7774 -87 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE 200 BLOCK OF SOUTH LOGAN STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Beck made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Beck made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7775 -87 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST SIDE OF SOUTH BEND AVENUE (INDIANA ROUTE 23) BEGINNING APPROXIMATELY 235 FEET NORTHEAST OF THE NORTHEAST CORNER OF EDISON ROAD AND SOUTH BEND AVENUE IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Beck. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7776 -87 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 40 FOOT RIGHT -OF -WAY OF LATHROP STREET FROM THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 38 NORTH, RANGE 2 EAST, EAST TO 450 FEET WEST OF THE WEST RIGHT -OF -WAY LINE OF FOUNDATION DRIVE, A DISTANCE OF APPROXIMATELY 2,000 FEET. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7777 -87 AN ORDINANCE AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 21, ARTICLE 6.5, ENTITLED HISTORIC PRESERVATION COMMISSION. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. BILL NO. 28 -87 A BILL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2 OF THE MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 18 ENTITLED NEUTRAL REDISTRICTING OF COUNCILMANIC DISTRICTS. This bill had second reading. Council Member Beck made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion failed on a roll call vote of four ayes and five nays (Council Members Puzzello, Zakrzewski, Barcome, Paszek and Serge). Council Member Voorde made a motion to pass the bill, as amended, seconded by Council Member Taylor. The bill failed on a roll call vote of four ayes and five nays (Council Members Puzzello, Zakrzewski, Barcome, Paszek and Serge). ORDINANCE NO. 7778 -87 AN ORDINANCE APPROPRIATING $108,927.74 FROM THE ZOO ENDOWMENT FUND, ACCOUNT NUMBER 403 TO ACCOUNT 399.0 CONTRACTUAL SERVICES, SAID ACCOUNT BEING WITHIN THE GENERAL PARK FUND. RE: This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7779 -87 AN ORDINANCE APPROPRIATING $158,478.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Beck made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7780 -87 AN ORDINANCE APPROPRIATING $66,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS THE GENERAL REVENUE SHARING TRUST FUND TO ACCOUNT 4399.0 OTHER CONTRACTUALS TO PAY THE 1987 PLEDGE TO PROJECT FUTURE BY THE CITY OF SOUTH BEND. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Barcome. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7781 -87 AN ORDINANCE APPROPRIATING $230,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS THE GENERAL REVENUE SHARING TRUST FUND TO ACCOUNT 4399.0 OTHER CONTRACTUALS WITHIN SAID FUND TO PAY THE CITY'S PORTION OF COSTS ASSOCIATED WITH THE CONSTRUCTION OF A DEMONSTRATION HYDRO ELECTRIC PLANT ON THE ST. JOSEPH RIVER. This bill had second reading. Council Member Braboy made a motion to pass this bill, seconded by Council Member Barcome. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7782 -87 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1987. This bill had second reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Beck made a motion to pass the bill, as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7783 -87 AN ORDINANCE TRANSFERRING MONIES BETWEEN VARIOUS ACCOUNTS IN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS IN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1987. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7784 -87 AN ORDINANCE APPROPRIATING $107,496.00 WITHIN THE STANLEY COVELESKI REGIONAL BASEBALL STADIUM FUND FOR THE YEAR 1987. This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7785 -87 AN ORDINANCE APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $267,348.00 WITHIN THE SOLID WASTE OPERATIONS AND MAINTENANCE FUND. THE SOUTH BEND /CLAY WATER WORKS OPERATING FUND, THE SEWAGE WORKS OPERATION AND MAINTENANCE FUND. THE SOUTH BEND /CLAY SEWAGE WORKS OPERATING FUND AND THE CENTURY CENTER OPERATING FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1987 AS SET FORTH BELOW. This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Barcome. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7786 -87 AN ORDINANCE APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $411,837.00 WITHIN THE GENERAL FUND AND $174,679.00 WITHIN THE PARK MAINTENANCE FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1987. REGULAR MEETING JULY 13, 1987 This bill had second reading. Council Member Beck 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. 1522 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS MONROE PARK DISPOSITION PARCEL NO. M2 -8, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as Monroe Park Disposition Parcel No. M2 -8, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A parcel of land being Lots 5, 6, 7 and 8, and the East half of a vacated 11- foot -wide alley lying West of and adjacent to said Lots 6, 7, 8, all in Moses Stern's Subdivision of parts of Lots 19 and 20, Denniston and Fellows Addition, South Bend, Indiana, and being more particularly described as follows, viz: Beginning at a point on the West right -of -way line of Fellows Street (60 feet wide), said point being South 00- 02120" East a measured distance of 147.65 feet from the intersection of said West line with the South Right -of -way line of Monroe Street (82.5 feet wide), said point being the Northeast corner of Lot 5 in said Moses Stern's Subdivision; thence South 00- 01120" East, along the West line of said Fellows Street, being also the East line of Lots 5, 6, 7 and 8 in said subdivision, a measured distance of 117.52 feet to the Southeast corner of said Lot 8; thence North 890- 55' -40" West, along the South line of said Lot 8 and said South line projected, a measured distance of 137.28 feet to the centerline of an 11- foot -wide alley; thence North 00- 02' -49" East, along said centerline and 5.50 feet West of the West line of said Lots 8, 7, and 6, a measured distance of 85.37 feet to the North line of said Lot 6, projected West; thence South 890- 55' -56" East, along said projected line, a distance of 5.50 feet to the Northwest corner of said Lot 6; thence North 00- 02' -49" East, along a West line of said Lot 5, a measured distance of 10.04 feet to a Northwesterly corner of said Lot 5; thence South 890- 57' -42" East, along a North line of said Lot 5, thence South 890- 57' -42" East along a North line of said Lot 5, a measured distance of 19.35 feet; thence North 00- 02' -16" West, along a West line of said Lot 5, a measured distance of 22.10 feet to a Northwesterly corner of said Lot 5; thence South 890- 55' -38" East, along the most Northerly line of said Lot 5, a measured distance 112.29 feet to the point of beginning. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission 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 has further prepared maps and plats showing the boundaries and such other information as required by law of the area in questions; 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. That 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 purposes of real property tax abatement. SECTION II. That this designation shall be limited to six (6) calendar years from the date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of -- the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. 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. REGULAR MEETING JULY 13, 1987 /s /Joseph T Serge Member of the Common Council A public hearing was held on the resolution at this time. Kevin Butler, attorney, indicated River Glen Associates, a partnership of Panzica architects and Construction, planned to build a tenant office building on this site. He indicated they planned to construct a three level office structure for speculative lease to multiple tenants. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1523 -87 RESOLUTION DESIGNATING T COMMON COUNCIL CERTAIN THE CITY C BEND OMMONLY KNOWN AS 220 W. COLFAX AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 220 W. Colfax Avenue, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Parcel I: Lots Numbered One (1), Two (2), Seven (7), Eight (8), and the East one -third (1/3) of Lot Number Four (4) as shown on the recorded plat of J. C. Knoblock's Subdivision of Lots Numbered 245 and 246 in the Original Plat of the Town, now City, of South Bend, Indiana, recorded in Plat Book 8, page 15 in the Office of the Recorder of St. Joseph County, Indiana. EXCEPTING from said Lot Number Two (2) the following: A strip of land bounded by a line described as beginning at the Northwest corner of Lot 2 in Subdivision of Lots 245 and 246 in the original plat of South Bend, Indiana, thence running easterly on the North line of said Lot 2 a distance of 31.65 feet to a point that is 0.50 feet east of the east end of the exstinithParty North thence south a distance of 1.25 feet; thence westerly parallel line of said Lot 2 to a point on the West line thereof, said point being 1.25 feet south of the point of beginning; thence North on the West line of Lot 2 along the west end of said Party Wall to the place of beginning; said exception being the real estate described in that certain Quit -Claim Deed dated March 21, 1986, and recorded as Instrument 8606081 in the Office of Recorder, St. Joseph County, Indiana. Said Lot Number Two (2) is subject to the terms and provisions of a certain privilege agreement dated March 21, 1986, and recorded as Instrument 8606082 in the Office of Recorder, St. Joseph County, Indiana. Said Lot Number Two (2) is subject to the terms and provisions of a certain "Party Wall Cancellation Agreement" dated April 25, 1986, and recorded as Instrument #8606080 in the Office of Recorder, St. Joseph County, Indiana. Parcel II: ALSO, Lot Numbered Two Hundred Forty -Four (244) and the East 60 feet of Lots Numbered Two Hundred Forty -Five (245) and Two Hundred Forty -Six (246) as shown on the original Plat of the Town, now City, of South Bend, Indiana. Subject to any rights public may have to use a private alley located over the South 10 feet of the East 60 feet of said Lot Two Hundred Forty -Five (245). Parcel III: Lot Lettered "A" as shown on the recorded plat of J. C. Subdivision of Lots Two Hundred Forty -Five (245) and Two Hundred Forty -Six (246) in the Original Plat of the Town, now City, of South Bend, Indiana, recorded in Plat Book 8, page 15, in the office of the Recorder of St. Joseph County, Indiana, said alley being ten (10) feet in width, East and West, and fifty (50) feet in length, North and South, being adjacent to and East of Lots One (1), Two (2), and the South one -half (1/2) of Lot Three (3) in said J. C. Subdivision of said Lots Numbered 245 and 246. Subject to the right of the owner of Lot Numbered Three (3) in said J.C. Subdivision of Lots Numbered 245 and 246 in the Original Plat of the Town, now City, of South Bend, Indiana, to use said alley designated Lot "A" on the aforesaid plat. 121 The building located upon the described real estate was entered on the National Register of Historic Places on June 5, 1985, and is subject to the terms and provisions of the National Historic Preservation Act of 1966. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission 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 has further prepared maps and plats showing the boundaries and such other information as required by law of the area in questions; 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. That 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 purposes of real property tax abatement. SECTION II. That this designation shall be limited to ten (10) years from the date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. 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/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Charles Clark, a representative of One Michiana Square Associates, indicated they planned to renovate the old I &M Building and lease office space to third party tenants. He indicated they were requesting a ten year abatement as the building is located in the Central Business District or South Bend Development Area, has been entered on the National Register of Historic Places and is subject to the terms and provisions of the National Historic Preservation Act, and at least 75% of the net leasable space on the first floor of the project is to be leased to retail businesses. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 68 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2311 SOUTH MAIN STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Voorde made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 69 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 744 S. MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Barcome. The motion carried. BILL NO. 70 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1307 EAST IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Braboy made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 71 -87 A BILL DELETING CHAPTER 14.5 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "PROPERTY." This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing July 27, at 4:30 p.m., seconded by Council Member Barcome. The motion carried. .. PRIVILEGE OF THE FLOOR Joseph Guentert, 3610 Corby, spoke regarding the penalty assessed by the Water Works for late payment. Mary Guentert, 3510 Corby, spoke regarding the police substations not being manned at all hours. Ken Donnelly, 2605 Fredrickson, spoke regarding an incident at the stadium. There being no further business to come before the Council, unfinished or new, Council Member Barcome made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 9:40 p.m. ATTEST: City Clerk APPROVED: resi nt