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HomeMy WebLinkAbout01-23-89 Council Meeting MinutesREGULAR MEETING JANUARY 23, 1989 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, January 23, 1989, 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, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Voorde 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 January 9, 1989 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Ann Puzzello Council Member Coleman made a motion that the minutes of the January 9, 1989, meeting of the Council be accepted and placed on file, seconded by Council Member Slavinskas. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1686 -89A A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, OFFICIALLY LAUNCHING "A SMOKE DETECTOR INSTALLATION CAMPAIGN." WHEREAS, the Common Council of the City of South Bend, Indiana, acknowledges that in studies conducted by the U.S. Department of Commerce, National Fire Prevention and Control Administration, they have overwhelmingly concluded that "Smoke Detectors Save Lives," and; WHEREAS, the Fire Department, the City Administration and Common Council therefore publicly launch and rededicate themselves to a "A Smoke Detector Installation Campaign" to encourage the installation of smoke detectors in all homes within the City; and WHEREAS, smoke detectors offer the best protection currently available against home fire deaths; and WHEREAS, installation of smoke detectors coupled with effective home escape planning can prevent many of the thousand of fire deaths in our country each year; and WHEREAS, the Public Education Division of the South Bend Fire Department along with other qualified City Officials and employees are prepared to give smoke detectors presentations to schools, civic groups, and other interested parties including live demonstrations of smoke detectors in action; and WHEREAS, the City encourages all residents to put "Safety First" in this new year by installing smoke detectors in their homes. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend Indiana, as follows: SECTION I. The Common Council hereby officially launches "A SMOKE DETECTOR INSTALLATION CAMPAIGN" throughout the City of South Bend Indiana, effective immediately. SECTION II. The City of South Bend through its' Fire Department City Administration and Common Council encourage all residents to install smoke detectors and to discuss of home escape plan in the event of a home fire. SECTION III. The City of South Bend encourages residents to contact the Fire Department and other local agencies for information on installation procedures and smoke detector programs whereby such devices may be given to qualified individuals for a nominal charge or no charge at all. SECTION IV. The City of South Bend rededicates itself to public safety and reducing the risks to family members by an all out public education campaign to move the public to realize the "smoke detectors are the best way to save lives in residential fires." SECTION V. This Resolution shall be in full fore and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke, Ann Puzzello, First District Fourth District REGULAR MEETING JANUARY 23 1989 Donald Niezgodski, Second District William Soderberg, Third District Linas Slavinskas, Fifth District Thomas Zakrzewski, Sixth District Sean Coleman, At Large Loretta Duda, At Large John Voorde, At Large A public hearing was held on the resolution at this time. Council Member Soderberg, made the presentation on the resolution. He indicated that the resolution was long awaited, and that smoke detectors offer the best protection against home fire deaths. Fire Chief Luther Taylor, spoke in favor of the resolution. He thanked the Council for their support for the resolution. He indicated that smoke detectors increase safety and property value for every home owner. Council Member Niezgodski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO.1687 -88A A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING KAREN M. MCKIBBIN OF LASALLE HIGH SCHOOL FOR BEING SELECTED THE 1989 TEACHER -OF- THE -YEAR FOR THE STATE OF INDIANA WHEREAS, the Common Council of the city of South Bend, Indiana, recognizes that each year the Indiana Teacher of the Year Selection Committee chooses the most outstanding teacher in the State of Indiana; and WHEREAS, this award is the highest award bestowed by the State of Indiana in the field of public education; and WHEREAS, the State criteria requires a detailed portfolio from each candidate highlighting among other things: the teacher's concern individual students, ability to inspire learning ability to work with colleagues, ability to work effectively, desire to keep abreast of philosophies and current programs in the educational fields, specific contributions to field of education, and willingness and ability to improve instructional techniques; and WHEREAS, the Common Council wishes to publicly commend Karen M. McKibben for being selected the State Teacher -of -the Year for 1989; and WHEREAS, in Karen M. McKibben's seventeen (17) years of teaching science, she has developed a multitude of innovative programs for the high school curriculum; and WHEREAS, Karen M. McKibben's philosophy of teaching and inspiring the minds of our youth are truly attributes to be emulated. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all of the residents of the City of South Bend, Indiana, the Common Council hereby publicly commends Karen M. McKibben for being chosen Indiana Teacher of the Year for 1989. SECTION II. The Common Council further commends Karen M. McKibben for he innovative teaching methods and her students in her seventeen (17) years of teaching in the South Bend Community School System. SECTION III. The Common Council wishes Karen,M. McKibben continued success in the years ahead. 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. Stephen Luecke, First District Donald Niezgodski, Second District William Soderberg, Third District Ann Puzzello, Fourth District Linas Slavinskas, Fifth District Thomas Zakrzewski, Sixth District Sean Coleman, At Large Loretta Duda, At Large John Voorde, At Large A public hearing was held on the resolution at this time. Council Member Niezgodski made the presentation on the resolution. He commended Karen McKibben on her outstanding award. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1688 -89A A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE UNIVERSITY OF NOTRE DAME FOR WINNING THE NATIONAL FOOTBALL CHAMPIONSHIP AND FOR BRINGING THAT WINNING TRADITION BACK HOME. WHEAREAS, the Common Council of the City of South Bend, Indiana, notes with extreme pride that the University of Notre Dame's football team beat West Virginia by the score of 34 to 21 before a record crowd of 74,911 in the Fiesta Bowl to capture to No. 1 ranking of all of the nation's football teams; and WHEREAS, the Council commends the University of Notre Dame for winning the College Football Association award for graduating 100 percent of a football class and for being the unanimous choice by the National Football Foundation and Hall of Fame as the 1988 recipient of the MacArthur Bowl; and WHEREAS, the Council salutes Notre Dame Head Football Coach Lou Holtz for providing the caring and dedicated leadership to win the National Championship in his third season as Knute Rockne, Frank Leahy, Ara Parseghian and Dan Devine did before him; and WHEAREAS, the Common Council commends the University of Notre Dame for winning its eighth (8th) National Championship in its history and for the teams "togetherness" and "sense of family" which embody some of those unique qualities of "that special place." NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council publicly commends the University of Notre Dame for winning its eighth National Football Championship. SECTION II. The Common Council commends Head Football Coach Lou Holtz and his entire staff for challenging the Fighting Irish players to be champions both on and off the playing field and look forward to having him back again next year when he gives us back -to -back national championships! SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke, First District Donald Niezgodski, Second District William Soderberg, Third District Ann Puzzello, Fourth District Linas Slavinskas, Fifth District Thomas Zakrzewski, Sixth District Sean Coleman, At Large Loretta At Large WHEREAS, the Council points with pride to the winning tradition in each of the "Fighting Irish" victories: N.D. 19 - Michigan 17 N.D. 41 - Air Force 13 N.D. 20 - Mich. St. 3 N.D. 22 - Navy 7 N.D. 52 - Purdue 7 N.D. 54 - Rice 11 N.D. 42 - Stanford 14 N.D. 21 - Penn St. 3 N.D. 30 - Pittsburgh 20 N.D. 27 - So. Cal 10 N.D. 31 - Miami 30 N.D. 34 - W. Va. 21 WHEAREAS, the Common Council commends the University of Notre Dame for winning its eighth (8th) National Championship in its history and for the teams "togetherness" and "sense of family" which embody some of those unique qualities of "that special place." NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council publicly commends the University of Notre Dame for winning its eighth National Football Championship. SECTION II. The Common Council commends Head Football Coach Lou Holtz and his entire staff for challenging the Fighting Irish players to be champions both on and off the playing field and look forward to having him back again next year when he gives us back -to -back national championships! SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke, First District Donald Niezgodski, Second District William Soderberg, Third District Ann Puzzello, Fourth District Linas Slavinskas, Fifth District Thomas Zakrzewski, Sixth District Sean Coleman, At Large Loretta At Large John Voorde, At Large A public hearing was held on the resolution at this time. Council Member Coleman made the presentation on the resolution. He introduced Mr. Richard Rosenthal, Athletic Director, University of Notre Dame and Mr. Barry Alvarez, Head Defensive Coach, University of Notre Dame. Council Member Coleman congratulated them on the National Championship and wished them well in the future. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. REPORTS OF CITY OFFICES MAYORS ANNUAL ADDRESS - THE HONORABLE MAYOR JOSEPH E. KERNAN Mayor Joseph E. Kernan, delivered his first annual State of the City Address. He stated that his goal is to make "South Bend" the No. 1 city of its size by the year 2000. The Mayor also reviewed some of the major accomplishments of city departments, as well as progress in economic development. He discussed the city's budget crunch and the challenges that must be met to end the budget crisis. Mayor Kernan added that while the 1988 budget was balanced and the city had more general fund cash reserves than in the past, there still is a problem in that area, and that has forced the city to cut back on many purchases. He said his 1989 goal is to build the city's cash reserves with the objective of restoring the city's bond rating to Al. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on January 23, 1989 „ at 8:14 p.m., with nine members present. Chairman Luecke presiding. RESOLUTION NO. 1689 -89A A RESOLUTION ADOPTING A WRITTEN FISCAL PLAN ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA (MIAMI & KERN RDS.) WHEREAS, Southfield, Inc. has petitioned the Common Council to annex an area specifically described in Attachment "A ", incorporated herein; and WHEREAS, responsible planning and State law require adoption by the City of a fiscal plan and a definite policy for the provision of services to annexed areas; and WHEREAS, such a plan has been developed and presented to the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION I. The Common Council of the City of South Bend, Indiana, hereby approves and adopts the fiscal for the annexation of the area located near the southeast corner of the intersection of Miami and Kern Roads, more specifically described in Attachment "A ", which plan is attached hereto and made a part hereof, and hereby approves and adopts specific policies for implementation of the plan as set out therein. SECTION II. Implementation of the plan does not require the budgeting and appropriation of additional funds. SECTION III. The annexation will not result in the elimination of jobs of employees of another governmental entity. SECTION IV. This resolution shall be in full force and effect after its adoption By the Common Council and approval by the Mayor. s /Ann Puzzello Member of the Common Council Council Member Luecke made a motion to suspend the rules and have public hearing on resolution at this time, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. A public hearing was held on the resolution at this time. Council Member Puzzello made a motion to amend this bill, seconded by Council Member Voorde. The motion carried. Dave Norris, Economic Development Department, stated that the resolution is to establish a policy and plan for providing services to 78.22 acres of land located near the intersection of Miami and Kern Roads. He indicated that the petitioner Southfield Inc., has petitioned the Common Council to annex the area in to the city. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. BILL NO. 106 -88 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, (SOUTHEAST CORNER OF MIAMI ROAD AND KERN ROAD) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ken Fedder, Attorney 300 First Bank Bldg. made the presentation on the bill. He indicated that the petitioner Southfield Inc., is requesting voluntary annexation to the City of South Bend, Indiana. Council Member Slavinskas indicated that the Zoning & Vacation Committee met on this bill and recommend it to the Council favorable. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Duda. The motion carried. RESOLUTION NO. 1690 -89A A RESOLUTION ADOPTING A WRITTEN FISCAL PLAN ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA (JACKSON & IRONWOOD RDS.) WHEREAS, Relative Real Estate Management Inc. has petitioned the Common Council to annex an area specifically described in Attachment "A ", incorporated herein; and WHEREAS, responsible planning and State law require adoption by the City of a fiscal plan and a definite policy for the provision of services to annexed areas; and WHEREAS, such a plan has been developed and presented to the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION I. The Common Council of the City of South Bend, Indiana, hereby approves and adopts the fiscal plan for the annexation of the area located near the southeast corner of the intersection of Jackson and Ironwood roads, more specifically described in Attachment "A ", which plan is attached hereto and made a part hereof, and hereby approves and adopts specific policies for implementation of the plan as set out therein. SECTION II. Implementation of the plan does not require the budgeting and appropriation of additional funds. SECTION III. The annexation will not result in the elimination of jobs of employees of another governmental entity. SECTION IV. This resolution shall be in full force and effect after its adoption by the Common Council and approval by the Mayor. s /Ann Puzzello Member of the Common Council Council Member Coleman made a motion to suspend the rules and have public hearing on the resolution at this time, seconded by Council Member Zakrzewski. The motion carried by a roll call vote of nine ayes. A public hearing was held on the resolution at this time. Dave Norris, Economic Development Department, made the presentation on the resolution. He indicated that the resolution is to establish a policy and plan outlining that policy for providing City services to 157.772 acres of land located near the intersection of Jackson and Ironwood Roads. He stated that Relative Real Estate Management, Inc. has petitioned the Common Council to annex the area to the City of South Bend. Council Member Niezgodski made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Slavinskas). BILL NO. 3 -89 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mike Danch, Pierce & Associates made the presentation on the bill. He indicated that the petition is for voluntary annexation of approximately 157.772 acres located in Penn Township, St. Joseph County, Indiana. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 107 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SAMPLE AND MAYFLOWER ROADS, SOUTH BEND, INDIANA AND OWNED BY GREENBROOK ESTATES. 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 Coleman made a motion to amend this bill by substitution, seconded by Council Member Voorde. The motion carried. Council Member Slavinskas stated that the Zoning & Vacation Committee had met on this bill and recommend it to the Council favorable. Kevin Joyce, Planner, Area Plan Commission gave the staff report, which was favorable. John Firth, Attorney for the petitioners Joseph J. & Carole Peters, indicated that the property is to be rezoned from "B -1" Residential to "C" Commercial, to allow for the construction of a convenience store including gasoline sales, a car wash and a retail shopping facility. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. REGULAR MEETING JANUARY 23 1989 BILL NO. 120 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE CORNER OF MIAMI ROAD AND KERN ROAD IN THE CITY OF SOUTH BEND, INDIANA. Council Member Slavinskas made a motion to amend this bill by substitution, seconded by Council Member Zakrzewski. The motion carried. Council Member Niezgodski made a motion to continue this bill until April 10, 1989, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 104 -88 A BILL AMENDING CHAPTER 21, ARTICLE 1, SECTION 21 -1 BY AMENDING THE DEFINITION OF CONTROLLED USES. Council Member Slavinskas withdrew this bill, in which he was the sponsor. BILL NO. 110 -88 A BILL AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ARTICLE 3, ENTITLED DEVELOPMENT DESIGN REVIEW, AND AMENDING CERTAIN SECTIONS OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE. 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, Deputy Executive Director, Department of Economic Development made the presentation on the bill. She indicated that the bill amends the building ordinance by establishing a Development Design Review Committee. This Committee would review exterior plans for buildings located within the South Bend Central Development Area and would require compliance with the Design Guidelines for that area. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 116 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 20, ARTICLE 9 OF THE MUNICIPAL CODE OF SOUTH BEND, COMMONLY KNOWN AS "MOBILITY HANDICAPPED PARKING." Council Member Voorde made a motion to continue this bill until February 13, 1989, seconded by Council member Coleman. The motion carried. BILL NO. 1 -89 A BILL APPROPRIATING $10,300.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR PURPOSE OF COMPLETION OF THE NEW SOUND SYSTEM, PURCHASE OF NEW MICROPHONES, PURCHASE OF A NEW CYCLORAMA AND PURCHASE OF NEW DOORS FOR LOADING AREA BACKSTAGE AT THE MORRIS CIVIC AUDITORIUM. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Dale Balsbaugh, Director, Morris Civic Auditorium made the presentation on the bill. He indicated that the the labor costs for Local 187, I.A.T.S.E. for finish work on the new sound system is $2,000.00; new microphones to augment the new sound system $1,800.00; new cyclorama (standard theatre equipment $4,000.00 and purchase of new doors for the loading area backstage $2,500.00, for a total of $10,300.00. He stated that the working balance of the Morris Civic Auditorium Improvement Fund is $26,718.51. He also indicated that the request was approved by the Century Center Board of Managers on December 15, 1988. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. RESOLUTION NO. 1691 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR THE SECRETARY'S DISCRETIONARY FUND UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, THESE FUNDS TO BE USED FOR THE LASALLE PARK DISTRICT COUNCIL CHILD CARE FACILITY EXPANSION PROJECT. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for the Secretary's Discretionary Fund under Title I of the Housing and Community Development Act of 1974, as amended. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the Mayor of the City of south Bend Indiana is hereby authorized to submit this Secretary's Discretionary Fund Application to the United States Government under Title I of the Housing and Community Development Act of 1974, as amended. SECTION II. That the Common Council of the City of South Bend, Indiana hereby requests that the Mayor submit this Secretary's Discretionary Fund application to the Common Council for review and comment prior to the date upon which the Secretary's Discretionary Fund Application must be filed with the Department of Housing and Urban Development. SECTION III. That for the activity to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Secretary's Discretionary Fund monies received upon approval of this application. a SECTION IV. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. BILL NO. 2 -89 s /Ann Puzzello Member of the Common Council A BILL APPROPRIATING $50,000.00 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S SECRETARY'S DISCRETIONARY FUND FOR THE PURPOSE OF ASSISTING IN THE EXPANSION OF THE LASALLE PARK DISTRICT COUNCIL CHILD CARE FACILITY. Council Member Niezgodski made a motion to suspend the rules to allow for public hearing on the resolution, seconded by Council Member Coleman. The motion was passed by a roll call vote of nine ayes. Council Member Puzzello made a motion to combine Resolution No. 1691 -89 and Bill No. 2 -89 for purposes of public hearing, seconded by Council Member Coleman. The motion carried. Beth Leonard, Director, Financial & Program Management, Department of Economic Development, made the presentation on the resolution and the bill. She indicated that the resolution will allow the City of South Bend to submit an application to the U.S. Department of Housing and Urban Development for the LaSalle Park District Council Child Care Facility Expansion project. She also stated that the project will be funded through the appropriation bill in the amount of $50,000.00 from the U.S. Department of Housing and Urban Development's Secretary's Discretionary Fund. She indicated that the appropriation will accomplish the expansion of the LaSalle Park District Council Child Care Facility, which is located at 323 S. Bendix. Jan Harrison, Congressional Aide, Congressman Hiler's Office, spoke in favor of the bill. Don Rudy, Director LaSalle Fillmore Day Care Facility, spoke in favor of the bill. Council Member Zakrzewski made a motion to adopt resolution 1691 -88, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to recommend Bill No. 2 -89 to the Council favorable, seconded by Council Member Coleman. The motion passed. There being no further business Member Coleman made a motion to Member Niezgodski. The motion ATTEST: City Clerk REGULAR MEETING RECONVENED to come before the Committee of the Whole, Council rise and report to the Council, seconded by Council carried. ATTEST: .�1.�.__SJ .5. relTowdrilm 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 9:25 p.m. Council President Puzzello presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7957 -89 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, (SOUTHEAST CORNER OF MIAMI ROAD AND KERN ROAD) This bill had second reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7958 -89 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7959 -89 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SAMPLE AND MAYFLOWER ROADS, SOUTH BEND, INDIANA AND OWNED BY GREENBROOK ESTATES. This bill had second reading. Council Member Zakrzewski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Slavinskas. 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. ORDINANCE NO. 7960 -89 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SAMPLE AND MAYFLOWER ROADS, SOUTH BEND, INDIANA AND OWNED BY GREENBROOK ESTATES. This bill had second reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7961 -89 AN ':ORDINANCE APPROPRIATING $10,300.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR PURPOSE OF COMPLETION OF THE NEW SOUND SYSTEM, PURCHASE OF NEW MICROPHONES, PURCHASE OF A NEW CYCLORAMA AND PURCHASE OFiNEW DOORS FOR LOADING AREA BACKSTAGE AT THE MORRIS CIVIC AUDITORIUM. This bill had second reading. Council Member Zakrewski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7962 -89 AN ORDINANCE APPROPRIATING $50,000.00 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S SECRETARY'S DISCRETIONARY FUND FOR THE PURPOSE OF ASSISTING IN THE EXPANSION OF THE LASALLE PARK DISTRICT COUNCIL CHILD CARE FACILITY. This bill had second reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1692 -89 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 3615 MCGILL ST. TO BE AN ECONOMIC REVITALIZATION AREA FOR THE PURPOSES OF A 6 YEAR REAL PROPERTY TAX ABATEMENT FOR BUSINESS DEVELOPMENT CORPORATION. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3615 McGill Street particularly described as follows: A Part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, of the City of South Bend German Township, St. Joseph County, Indiana, and described as follows: Commencing at the Northeast corner of said Section 28; thence South 89o4805" West along the North line of said Quarter Section, 1305.00 feet, thence South OOoOO123" West along the centerline of Kenmore Street, 363.70 feet; thence South 90o59137" East along said centerline, 486.87 feet to the centerline intersection of Kenmore Street and McGill Street;; thence South 80000123" West along the centerline of McGill Street, 303.50 feet; thence North 890 59'37" West along said centerline, 270.66 feet to the Point of Beginning; thence continuing North 89o59137" West, 523.23 feet; thence North 00o02141" East, 399.78 feet; thence South 89048105" West, 522.97 feet; thence South 00000'23" West, 401.65 feet to the Point of beginning, and containing 4.812 acres, more or less, and is subject to all easements, restrictions, and or limitations of record. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for purposes of hearing all remonstrances and objections form interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only and is limited to two (2) calendar years for the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of 6 years. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Mr. William Derrah, Economic Development Department, made the presentation for the resolution. He indicated that the building is a new industrial building, and the cost plus site is estimated at $500,000.00. He stated that the building is to be owned by the Business Development Corporation of South Bend, Mishawaka & St. Joseph County and leased to KCP Printing Co., with an option to purchase. He also indicated that KCP Printing Co. is in the production of gift wrap paper. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1693 -89 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 3615 MCGILL ST. TO BE AN ECONOMIC REVITALIZATION AREA FOR THE PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR KCP PRINTING. A public hearing was held on the resolution at this time. Mr. William Derrah, Economic Development Department, made the presentation on the resolution. He stated that the new equipment to be installed is a Champlain seven color rotogravure press, an Elsner roll production line, materials handling equipment, office and laboratory equipment. He indicated that the project will create thirty -three (33) new permanent full -time jobs within the first year with an estimated annual payroll of $450,000. He indicated that the total cost of the project is $900,000.00. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1694 -89 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 1217 SOUTH WALNUT STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR KOKOKU WIRE INDUSTRIES CORPORATION. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory resolution designating certain area within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1217 South Walnut Street and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Indiana, situated in the Northwest Quarter of Section 14, of Section 15, Township 37 North, Range 2 East bounded by line: Joseph, and State of and the Northeast Quarter the following described Beginning at a point in the West line of Walnut Street, 1239.70 feet south of the South line of Sample Street, which point is 587.95 feet South of the South Line of the Sanders and Egbert Tract, as conveyed by deed recorded in Deed Record 118, page 428, and Deed Record 121, page 320; thence on an assumed bearing of South 0000149" East along said West line of Walnut Street 479.91 feet; thence South 89054'12" West, 725.03 feet; thence South 61054'12" West, 42.91 feet; thence South 89023'32" West, 437.13 feet; thence North OOOO149" West parallel with said West line of Walnut Street, 504.26 feet; thence North 89055'05" East, 1200 feet to the place of beginning. Subject to legal highways. as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEAREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Mr. Mitsuo Enomoto, President Kokoku Wire Industries Corp., made the presentation on the bill. He indicated that in June of 1987 Kokoku Wire Industries purchased the asset of the plant shut down by Acco Babcock Ltd., and they have now reached the point where they are at full capacity with the equipment that was originally purchased. He REGULAR MEETING JANUARY 23 1989 stated that they are proposing to double their wire drawing capacity by purchasing 4 new machines, and need to add 10 lines to their patenting process and 1 breakdown machine. He indicated that they will add innerspring machines and 1 flatting mill to produce wire for those innerspring machine. He stated that they will add 23 additional employees and the total cost of the project will be $3,000,000.00. Kevin Hughes, Project Future, spoke in favor of the resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1695 -89 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 LOT 5.3B, POINT VERIDIAN TECHNOLOGY CAMPUS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR COMMUNICATIONS TEST DESIGN INC. WHEREAS, a petition for real property tax abatement has 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 Lot 5.3B Point Veridian Technology Campus, South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter of Section 28, Township 38 North, Range 2 East of the second Principal Meridian, City of South Bend, St. Joseph County, Indiana and described as follows: Commencing at the Northeast corner of the Southeast Quarter of said Section 28, said point being at the intersection of Bendix and Boland Drives; thence South 89059156" West (bearing assumed) along the Southerly right -of -way line of Boland Drive 1502.51 feet; thence South OOo2l'33" West, 293.00 feet to the point of Beginning; thence North 89058156" East, 520.01 feet, thence South OOo21'33" West, 293.00 feet; thence South 89058156" West, 520.01 feet; thence North OOo21133" East 293.00 feet to the Point of Beginning and containing 3.5 acres, more or less; and is subject to easement restrictions and or covenants of record. 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 section 2 -76, et seq., and has further prepared maps and plat 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 recommend 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 estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. 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; D. 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 E. 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 the 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 REGULAR MEETING JANUARY 23 1989 designating this area as an Economic Revitalization Area for purposes 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 six (6) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Gerald J. Parson, President, Communication Test Design, Inc., made the presentation on the resolution. He stated that Communication Test Design, Inc. (CTDI) is a 12 year old electronic engineering and service firm that had its beginning in West Chester, Pennsylvania. He indicated that CTDI has grown to include 16 nationwide locations with approximately 500 employees and still growing. He stated that the primary business of CTDI has been in the repair and refurbishment of electronic equipment for telephone companies, and have also developed a number of services for them. Such as purchase, storage and redistribution of surplus equipment, which is one area intended for the new facility in South Bend. He stated that the new building will consist of an investment of more than a half million dollars and will be situated on 3.5 acres. Initial plans call for a 20,000 square ft. building of which 3,700 square ft. will be used for office space, 5,900 square ft. for production space and more than 10,000 square ft. for warehousing. The parking lot will accommodate 50 vehicles. Looking toward the future, provisions have been made for an additional 20,000 square ft. of warehouse area. Kevin Hughes, Project Future spoke in favor of the resolution. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1696 -89 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 AN AREA BOUNDED BY CEDAR STREET ON THE NORTH, EDDY STREET ON THE EAST, VACATED HULL STREET ON THE SOUTH AND FRANCES STREET ON THE WEST AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR LAFAYETTE SQUARE. 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 an area bounded by Cedar Street on the north, Eddy Street on the East, vacated Hull Street on the South and Frances Street on the West, South Bend, Indiana, and which is more particularly described as follows: That part of the Southeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as follows: Beginning at the Northwest corner of Lot Numbered 1 in Hull's Subdivision of Block 11 of Cotrell's First Addition to the Town of Lowell as recorded in Plat Book #10, Page #105; thence N. 900- 00'00" E. along the South right -of -way line of Cedar Street, 98.96 ft. (Record 99.00 ft.); thence S. OOol4' -43" E., 88.32 ft.; thence S. 890- 52' -57" E., 82.99. to the West line of a 14.00 ft. wide public alley; thence S. 00016' -18" E. along said West line, 14.00 ft. to the North line of a 14.00 ft. wide public alley; thence S. 89052'57" E. along said North line, 208.49 ft. to the East right -of -way line of Eddy Street; thence S. OOo- 02' -27" E. along said West line, 102.74 ft. (Record 103.00 ft.) to the centerline of vacated Hull Street; thence N. 89o- 55' -26" W. along said centerline, 390.15 ft. to the East right -of -way line of Frances Street; thence N. OOo- 13' -35" W. along said East line, 205.14 ft. to the point of beginning. Containing 1.00 acre and comprised of one (1) Lot. 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 Section 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 REGULAR MEETING JANUARY 23 1989 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 estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. 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; D. 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 E. 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 the benefits identified in 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 purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years form 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 three (3) years. _ SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Timothy Hartzer, Attorney -at -Law, 205 W. Jefferson Blvd., made the presentation on the bill. He indicated that the project is a 21 unit condominium project consisting of two -story townhomes with an estimated construction cost of $1,300,000.00. He stated that the project will be constructed on 1.00 acres and is the first major project undertaken by Taripp Development Corporation in the City of South Bend. Council Member Niezgodski made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1697 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AN APPLICATION FOR THE RENTAL REHABILITATION PROGRAM AND FOR THE SOUTH BEND PUBLIC HOUSING AUTHORITY TO SUBMIT AN APPLICATION FOR SECTION 8 HOUSING SUBSIDY. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for funds made available through the United States Housing Act (the Act). The Rental Rehabilitation Program is authorized by Section 17 of the,ACt which was enacted into law in Section 301 the Housing and Urban -Rural Recovery Act of 1983; and of - - -- rT -- - - - -- - -- - -- - - - -- - RF.QTTT -.AR MF.F.TT -NQ- -. -- - -- - - - - -- - - - - _ - __ -- _.'[aNiTaAV. 73_. �_QR Q__. WHEREAS, Section 8 of the United States Housing Act of 1937, as amended, authorizes the Housing Authority to develop, own or assist in housing for low- income persons; and WHEREAS, there currently exists in South Bend, Indiana, a need for housing which is not being provided by the private sector; and WHEREAS, the U.S. Department of Housing and Urban Development has available funds for such purpose. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit the Rental Rehabilitation application to the United States Department of Housing and Urban Development. SECTION II. That the Common Council hereby authorizes the Housing Authority of the City of South Bend, Indiana, to submit an application to the U.S. Department of Housing and Urban Development for units of housing to be funded by Section 8 of the United States Housing Act of 1937, as amended to be used in conjunction with the Rental Rehabilitation Program. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Kathy Baumgartner, Director Bureau of Housing, made the presentation on the resolution. She indicated that the resolution would authorize the Mayor to submit to the Department of Housing and Urban Development an application for the Rental Rehabilitation Program. She indicated that the Rental Rehabilitation Program, enacted into law in the Housing and Urban -Rural Recovery Act of 1983, provides financial assistance for rehabilitation of rental units in selected neighborhoods. Seventy percent of the units must be occupied by lower income persons, and Section 8 vouchers are available to assist tenants who would otherwise be displaced. She stated that the City of South Bend is eligible to receive $80,000 for this program in Fiscal Year 1989. Joseph Guentert, 3510 Corby Blvd., asked a question on the resolution. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 4 -89 A BILL AMENDING VARIOUS SECTIONS OF CHAPTER 21 ENTITLED "ZONING" OF THE MUNICIPAL CODE ADDRESSING TREE SERVICE OPERATIONS. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 5 -89 A BILL APPROPRIATING $100,500.00 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND TO BE ADMINISTERED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing February 13, 1989, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 6 -89 A BILL APPROPRIATING $13,644.89 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND. This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing February 13, 1989, seconded by Council Member Coleman. The motion carried. BILL NO. 7 -89 FIRST READING ON A BILL ADOPTING THE PROVISIONS OF THE INDIANA CODE ADDRESSING THE ESTABLISHMENT OF A DEPARTMENT OF STORM WATER MANAGEMENT. This bill had first reading. Council Member Slavinskas made a motion to set this bill for second reading and public hearing February 27, 1989, seconded by Council Member Voorde. The motion carried. UNFINISHED BUSINESS Council Member Voorde made a motion to set Bill No. 125 -88 (Rezone 1112, 1118 & 1122 Ironwood Dr.) for third reading and public hearing February 13, 1989, seconded by Council Member Niezgodski. The motion carried. PRIVILEGE OF THE FLOOR Joe Guentert, 3510 Corby, spoke regarding the Studebaker Corridor Bond Petition. There being no further business to come before the Council, unfinished or new, Council Member Niezgodski made a motion to adjourn, seconded by Council Member Zakrzewski. The motion carried and the meeting was adjourned at 10:02 p.m. REGULAR MEETING JANUARY 23, 1989 ATTEST: City Clerk APPROVED: /fh<