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HomeMy WebLinkAbout05-08-89 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, May 8, 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, and Voorde Absent: Council Member Duda 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 April 25, 1989 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Coleman made a motion that the minutes of the April 25, 1989, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1721 -89 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL RECOGNIZING WEDNESDAY, MAY 17, 1989 AS TRANSIT APPRECIATION DAY. WHEREAS, public transportation is vital to the growth and continued economic, social and environmental well -being of the City of South Bend, in that it is the principal tool available to city government to combat urban traffic congestion and the resulting degradation of this city's air quality; and WHEREAS, public transportation provides an efficient form of mobility for the "transportation dependent" of socity: the poor, the yound, the disabled, and the elderly; and WHEREAS, federal financial support for transit continues to erode and place further burdens on state and local governments; and WHEREAS, this retreat on the part of the federal government will result in higher fares and reduces service unless halted; WHEREAS, a successful counter - attack to combat the loss of federal funds will require the active support of all citizens of our cities; and WHEREAS, Wednesday, May 17, 1989 has been declared as National Transit Appreciation Day calling all cities to join in a national mobilization to highlight for all citizens the vital role that transit plays in the life of cities. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, publicly recognizes the integral role which public transportation and the South Bend Public Transportation Corporation plays in the economic, social and environmental well -being of our City. SECTION II. The Common Council hereby declares Wednesday, May 17, 1989 as "Transit Appreciation Day" and calls upon the citizens of South Bend, Indiana to recognize the vital role of transit in this city. 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 Common Council Member A public hearing was held on the resolution at this time. Steve Luecke, 1st District Councilman made the presentation on the resolution. He indicated that National Transportation Week will be held May 14 -20, 1989, in conjunction with National Transit Appreciation Day Wednesday, May 17, 1989. 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 eight ayes. RESOLUTION NO. 1722 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA IN SUPPORT OF FORUMS FOR YOUTH SELF - SUFFICIENCY. WHEREAS, the Common Council of the City of South Bend, Indiana, acknowledges that in 1986 a combined effort of national, state and local sponsors and volunteers initiated the Forums; and WHEREAS, the Forums are part of a project directed by the Community Education Round Table and Indiana University at South Bend's School of Public and Environmental Affairs; and WHEREAS, the Forums are sponsored by the Domestic Policy Association of the Kettering Foundation, the U.S. Department of Health and Human Services, and the U.S. Department of Labor; WHEREAS, the Forums are geared to stimulate productive community discussions which address crucial problems facing youth at -risk; and WHEREAS, the Common Council supports this innovative initiative to help those on the boundaries of adolescent and adulthood so that they can become independent and productive member of society. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, support and commend the Forums for Youth Self- Sufficiency and in particular this years series of forums entitled "The Odds Busters: Taking Bold Strokes!" SECTION II. On behalf of the entire City of South Bend, Indiana, the Council encourages a continuation of the bold efforts of national, state and local sponsors and volunteers for this important and viatl projects. 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 William Soderberg, Third District Linas Slavinskas, Fifth District Joseph E. Kernan, Mayor Attest: Irene Gammon, City Clerk Donald Niezgodski Second District Ann Puzzello Fourth 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. John Voorde, Councilman -at -Large made the presentation on the bill. Marva Leonard -Dent, Chairman for the Forums for Youth Self- Sufficiency spoke regarding the resolution. She indicated that the Forums are sponsored by the Domestic Policy Association of the Kettering Foundation, the U.S. Department of Health and Human Services, and the U.S. Department of Labor. She indicated that the Forums have stimulated productive community discussions which address crucial problems facing youth at -risk. These individuals are typically those who "fall between the cracks" and are on the boundaries of adolescent and adulthood or have too many problems or lack the skills required to be independent and a productive member of society. Jim Welling, Co- Chairman for the Forums for Youth Self- Sufficiency, thanked the Council for their approval of this resolution. He stated that youth in today's society are the forums number one priority. Council Member Niezgodski made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of eight ayes. Ann Moss - BaHai Faith, gave a message concerning world peace. 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 May 8, 1989, at 7:25 p.m., with eight members present. Chairman Luecke presiding. BILL NO. 118 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING ORDINANCE NO. 7343 -84 AND AMENDING ORDINANCE NO. 4990 -68, AS AMENDED BY ESTABLISHING NEW HISTORIC DISTRICT BOUNDARIES FOR THE LINCOLNWAY EAST HISTORIC DISTRICT. Council Member Soderberg, sponsor for the above bill, withdrew Bill No. 118 -88. BILL NO. 17 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTH SIDE OF WILSON ST., 123 FEET EAST OF THE CENTERLINE OF IRONWOOD DRIVE 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 Voorde made a motion to accept the substitute Verson of Bill No. 17 -89, seconded by Council Member Coleman. Kevin Joyce, Area Plan Commission gave the staff report, which was favorable. Richard Morgan, 100 N. Michigan St., made the presentation on the bill. He indicated that the petitioners, Garden Homes by E.L. Inc. are requesting a zone change from "A" Residential and "B " Residential, "A" Height and Area to "A -1" Residential, "C" Height and Area, to allow for the construction of six duplex condominiums. Council Member Soderberg made a motion to recommend this bill to the favorable, seconded by Council Member Coleman. BILL NO. 30 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY SOUTH OF MISHAWAKA AVENUE RUNNING EAST FROM 21ST STREET TO THE INTERSECTION OF THE 1ST NORTH -SOUTH ALLEY RUNNING FROM MISHAWAKA AVENUE TO VINE STREET, FOR A TOTAL DISTANCE OF 133 FEET MORE OR LESS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Bruce Metzger, 922 S. 21st St., made the presentation on the bill. He indicated that the purpose of the vacation of the real property is to eliminate the hazard to children residing in the area, caused by motor vehicle traffic using the right -of -way at dangerous and excessive speeds and to improve the property so as to eliminate dust, standing water and mud all of which are detrimental to the health of residents and injurous to the abutting properties. Jean Metzgar, 922 S. 21st St. spoke in favor of the bill. She reiterated the safety of the children. Scott Perry, 918 S. 21st, spoke in favor of the bill. He indicated that the alley is being misused. Rhonda Wetstone, 925 S. 21st St., spoke in favor of the bill. She stated that there is an excess amount of traffic traveling down the alley. She indicated that at one time, she had been hit by a car driving down the alley. Sheldon Maxey, 921 21st St., spoke in favor of the bill. He indicated that I.U.S.B. uses the alley and safety is a problem. Joe Janowski, 923 S. Ironwood, spoke opposed to the bill. Bert Prawat, Assistant Fire Chief spoke opposed to the bill. He indicated in a letter addressed to Council Attorney Kathleen Cekanski - Farrand, that the Fire Department requires proper fire lanes for firefighting purposes. He stated that the vacation of this alley would not be favorable to the Fire Department in the event of a fire at the house which is located on the south east portion of the alley intersection. Shirely Hughes, owner, rental properties at 925 S. Ironwood spoke opposed to the bill. She expressed her concern for emergency vehicles entering and exiting from her apartments. Judy Stebenik, 16555 Gerald St., Granger, spoke opposed to the bill. She stated that she lived in the apartments at 925 S. Ironwood. She indicated that emergency vehicle would not be able to turned around if the alley is to be vacated. Mona French, 928 S. Ironwood, spoke opposed to the bill. She indicated that emergency vehicles would have to back out onto two busy streets, Ironwood and Mishawaka Av. Council Member Voorde made a motion to recess for five minutes, seconded by Council Member Coleman. The motion carried. Council President Puzzello, reconvened the meeting. Council Attorney Kathleen Cekanski - Farrand, read into the record state law 36- 7 -3 -13 Vacation proceeding; filing of remonstrances and objections; grounds. Sec. 13. A remonstrance or objection permitted by section 11 or 12 of this chapter may be filed or raised by any person aggrieved by the proposed vacation, but only on one (1) or more of the following grounds: (1) The vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would hinder the public's access to a church, school, or other public building or place. (4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Mr. Bruce Metzger, 922 21st. St., petitioner for the alley vacation requested that Bill No. 30 -89 be continued to May 10, 1989. Council Member Coleman made a motion to continue Bill No. 30 -89 to May 10, 1989 at 5:30 p.m. in the Council Caucus Room or Council Chambers which ever is available solely for the purpose of continuation of Bill No. 30 -89 in the Council portion, seconded by Council Member Voorde. BILL NO. 32 -89 A BILL AMENDING ARTICLE 3 OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS "LICENSES" BILL NO. 33 -89 A BILL AMENDING ARTICLE 4 OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS "LICENSES." This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski U U. made a motion to combine Bill Nos. 32 -89 and 33 -89 for the purpose of public hearing, seconded by Council Member Coleman. The motion carried. Council Member Voorde, Chairman of the Personnel & Finance Committee stated that the committee recommends Bill Nos. 32 -89 and 33 -89 to the council favorable. Patricia DeClercq, Director Department of Code Enforcement made the presention on both bills. She indicated that both bills are proposed amendments to the Municipal Code. Bill No. 32 -89 is an amendment to reflect action previously taken by the Council to include Vehicle Removal Services as amoung those businesses and occupations which must be licensed by the City Controller in order to operate within the City of South Bend. She indicated that Bill No. 33 -89 amends the Code to bring within the presecriptions of the Vehcile Removal Service licensing provisions all operations which impound or otherwise encumber unauthorized vehicles located on private property. Richard Nussbaum, City Attorney spoke in favor of the ordinances. Council Member Niezgodski made a motion to recommend Bill No. 32 -89 to the Council favorable, seconded by Council member Coleman. The motion carried. Council Member Zakrzewski made a motion to recommend Bill No. 33 -89 to the Council favorable, seconded by Council Member Coleman. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Luecke. The motion carried. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council the Council Chambers on the fourth floor Council President Puzzello residing and BILLS, THIRD READING of the City of South Bend reconvened in of the County -City Building at 9:00 p.m. eight members present. ORDINANCE NO. 7980 -89A AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTH SIDE OF WILSON ST., 123 FEET EAST OF THE CENTERLINE OF IRONWOOD DRIVE IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Voorde made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Voorde made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7981 -89 AN ORDINANCE AMENDING ARTICLE 3 OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS "LICENSES" This bill had second reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7982 -89 AMENDING ARTICLE 4 OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS "LICENSES." This bill had second reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 1723 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR HAZARDOUS MATERIAL INCIDENT RESPONSE SERVICES BETWEEN THE CITY OF SOUTH BEND AND THE INDIANA DEPARTMENT OF HIGHWAYS WHEREAS, the Common Council of the City of South Bend recognizes the existence of the South Bend Fire Department Hazardous Materials Incident Response Team consisting of trained personnel and equipment for response to hazardous materials incidents; and WHEREAS, because of continued increase in vehicular traffic transporting hazardous materials on the Toll Road, the Indiana Department of Highways wishes to continue to receive the services of the South Bend Fire Department Hazardous Materials Incident Response Team for response, assessment and control of hazardous materials incidents occurring within its jurisdiction; and WHEREAS, I.C. 37 -1 -7 -1 et seq. permits governmental entities to exercise powers jointly by entering into a written agreement; and WHEREAS, the Board of Public Safety reviewed this request of the Indiana Department of Highways and recommends that the Common Council approve the renewal of an Agreement for Hazardous Materials Incident Response Services with the Indiana Department of Highways, Toll Road Division. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council of the City of South Bend renew the Agreement with the Indiana Department of Highways for Hazardous Materials Incident Response Services and the Mayor be authorized to execute the appropriate Agreement necessary to carry out the request of the Indiana Department of Highways and intent of this resolution. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Voorde made a motion to amend this resolution seconded by Council Member Soderberg. The motion carried. Chief Luther Taylor, Fire Department made the presentation on the resolution. He indicated that the resolution ould authorize the exectuion of an agreement for Hazardous Materials Incident Response Services between the City of South Bend and the Indiana Department of Highways. Council Member Zakrzewski made a motion to adopt this resolution as amended, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1724 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 3515 BOLAND DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR ROBERT W. ROBINSON AND BARBARA A. ROBISON (AMERICAN TOOL & DIE, INC.) 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, requesting that the area commonly known as 3515 Boland Drive, South Bend, Indiana, and which is more particularly described as follows: A part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of said quarter section; thence South 89 degrees 58 minutes 56 seconds West 1200.00 feet to the point of beginning of this description: thence South 89 degrees 58 minutes 56 seconds West 329.55 feet along the north lin eof Boland Drive; thence 'North '0 degrees 00 minutes 23 seconds East 385.00 feet; thence North 89 degrees 58 minutes 56 seconds East 339.55 feet ;thence South 0 degrees 00 minutes 23 seconds West 375.00 feet long the West line of Kenmore Street; thence South 44 degrees 59 minutes 40 seconds West 14. 15 feet to the point of beginning, containing 3.000 acres, more or less. The bearing of the south line of the Southeast Quarter of Section 28 is assumed North 90 degrees 00 minutes 00 seconds West. be designated as an Economic Revitalization Area under the provisions of Indiana Code s2 -76, et seq.,; and WHEAREAS, 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 s6- 1.1- 12.1 -1, et seq., and South Bend Municipal Code s2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question are required by law; and WHEREAS, The Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That 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 meets the requirements of Indiana Code s6- 1.1- 12.1 -1, et seq., and qualifies under the provisions of South Bend Municipal Code s2 -76, et seq., for tax abatement. ul u SECTION II. That 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 reatined can reasonably be expected to result from the proposed described redevelopment or rehabilitaion; 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 redevelopment or rehabilitation; and E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of Indiana Code s6 -1.1- 12.1 -3. SECTION III. That the Common Council hereby determines and finds that the proposed descirbed 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 s6 -1.1- 12.1 -3 of the Indian Code. SECTION IV. 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 V. That 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. That the Common Council hereby determines that the property owner is qualified for and is hereby granted property tax deduction for a period of Three (3) years. SECTION VII. That 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. That 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. James Knepp, Attorney, 509 W. Washington Av., made the presentation on the resolution. He indicated that the Petitioners American Tool & Die plan to construct an open bay machine /work area, 48 feet in width by 120 feet in length (approximately 6,000 square feet) with an estimated cost of construction of $100,000.00 to $120,000.00. He stated that the petitioner estimates theat the redevelopment project itself will create 4 to 5 new, permanent jobs within the 1st year representing a new annua payroll of approximately $150,000.00 to $200,000.00, and will maintain 30 to 35 existing, permanent fulltime and 1 existing permanenet part -time jobs with an annual payroll of approximately $1,000,000.00 to $1,150,000.00. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Soderberg. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1725 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND FINDING NECESSARY THE LEASE OF REAL PROPERTY BY THE EMPLOYMENT AND TRAINING SERVICES OF ST. JOSEPH COUNTY (D /B /A/ THE ST. JOSEPH COUNTY JOB TRAINING PROGRAM WHEREAS, the Indiana General Assembly, through Section 22- 4 -18 -1 et seq. of the Indiana Code, has directed that employment and training services funded through the Job Training Partnership Act of 1982, as amended, and the Wagner - Peyser Act, as amended, be consolidated at the local level; and WHEREAS, Frank O'Bannon, Lieutenant Governor of the State of Indiana, in his directive of March 16, 1989, entitled "Challenge for Indiana's Employment and Training System," directed that "services financed by Wagner - Peyser, JTPA and related programs under the control of (the Indiana State Department of Employment and Training Services) will be delivered from shared facilities;" and WHEREAS, the lease of space at the South Bend Community School Corporation's building located at 317 West WashingtonStreet, South Bend, by the Employment and Training Services of St. Joseph County, d /b /a/ the St. Joseph County Job Training Program (hereinafter, "ETS"), terminates in August, 1989; and WHEREAS, the State -owned premises at 203 South William Street, South Bend, in which is housed the St. Joseph County office of the Department of Employment and Training Services (hereinafter, "DETS ") provides an insufficient amount of space to house the staff and services of both the ETS and the DETS; and WHEREAS, an additional eleven thousand (11,000) square feet of office space, beyond that provided by the DETS building, is needed to house all ETS administrative and training functions; and WHEREAS, the building located at 115 North William Street, South Bend comprising approximately eleven thousand (11,000) square feet, is or will soon be vacated by its current tenant and is available for lease at terms financially agreeable to and feasible for ETS; and WHEREAS, Section 36- 1 -10 -7 of the Indiana Code requires a determination by this body and by the St. Joseph County Council and the Common Council of the City of Mishawaka that the lease of the premises at 115 North William Street, South Bend, by ETS it necessary prior to the effectuation of such a lease; and WHEREAS, equivalent resolutions will be approved by the St. Joseph County Council and the Common Council of the City of Mishawaka. NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I. The Common Council of the City of South Bend has considered and hereby determines it necessary that the employment and Job Training Services of St. Joseph County (d /b /a/ St. Joseph County Job Training Program) enter into an agreement for the lease of the premises at 115 North William Street, South Bend, in order to house ETS staff and operations, in order to ensure the continued, smooth and uninterrupted provision of services by ETS, and in order to comply with Section 22- 4 -18 -1 et seq. of the Indiana Code and the March 16, 1989 directive of Lieutenant Governor Frank O'Bannon. SECTION II. This Resolution shall be in full force and effect upon its passage by the Common Council. S /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Juan Manigault, Executive Director, ETS /JTP made the presentation on the resolution. He stated that due to a recent change in state law it has directed that the ETS /JTP and other such offices through the State, whose "services financed by the Wagner - Peyser, JTPA, and related programs under the control of the (Indiana Department of Employment and Training Services) be delivered from shared facilities." He indicated that pursuant to this directive, the ETS /JTP will be relocating operations and personnel to the local DETS office at 203 S. William St., South Bend. This facility, however, provides insufficient space, and, consequently, an additional eleven thousand (11,000) square feet of office space, to house administrative operations and personnel must be located. It has been determined by the ETS Board of Directors that the lease of the premises at 115 N. Williams Street, comprising approximately 11,000 square feet, fits the needs of ETS /JTP in a most efficient and affordable manner. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. BILLS FIRST READING BILL NO. 34 -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 bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing June 12, 1989, seconded by Council Member Coleman. The motion carried. BILL NO. 35 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF JACKSON ROAD 2642.32 FT. EAST OF IRONWOOD RD. IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 36 -89 A BILL APPROPRIATING $75,095.00 FROM THE EMERGENCY MEDICAL SERVICES CAPITOL IMPROVEMENT FUND TO DEFRAY FIRE DEPARTMENT EXPENSES. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing May 22, 1989, seconded by Council Member Zakrzewski. The motion carried. U a tAld BILL NO. 37 -89 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Niezgodski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. UNIFINISHED BUSINESS Council Member Voorde stated that the Personal & Finance Committee will have a meeting Monday, May 22, 1989 at 4:00 p.m., regarding Widows Pensions, for Police & Fire Department. Council Member Niezgodski indicated that the Council and the Mayor are meeting in an informal session and will be discussing the issue of sewer rates. PRIVILEDGE OF THE FLOOR Robert Whisman, 1544 E. 4th St. Mishawaka, IN 46544, licensed auctioneer, spoke regarding his auction business at the old "Brite Way Building" on Ireland Rd. He indicated that his is being harassed by the Department of Code Enforcement. He stated that he is being denied a business license. Council Member Coleman made a motion to continue this meeting to Wednesday, May 10, 1989 at 5:30 p.m. for the sole and exclusive purpose of the continuation of Bill No. 30 -89, seconded by Council Member Zakrzewski. The motion carried by a roll call vote of eight ayes. MEETING MAY 10. 1989 CONTINUED FROM MAY 8, 1989 REGULAR MEETING ROLL CALL Present: Council Members Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Voorde Absent: None Council Member Zakrzewski made a motion to move reconvene into the Committee of the Whole solely for the purpose of Bill 30 -89, seconded by Council Member Coleman. 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 May 10, 1989, at 5:35 p.m., with nine members present. Chairman Luecke presiding. BILL NO. 30 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY SOUTH OF MISHAWAKA AVENUE RUNNING EAST FROM 21ST STREET TO THE INTERSECTION OF THE 1ST NORTH -SOUTH ALLEY RUNNING FROM MISHAWAKA AVENUE TO VINE STREET, FOR A TOTAL DISTANCE OF 133 FEET MORE OR LESS. Council Attorney Kathleen Cekanski - Farrand read into the record and marked as exhibit 1, a letter dated May 9, 1989, from the petitioner Bruce H. Metzger, addressed to the Members of the Common Council and reads as follows: At the Council meeting on May 8, 1989, there was concern as to possible legal ramifications and safety hazards resulting from the closure of the alley. We are also concerned about these hazards and ramifications and would like to propose a compromise to our original plan which we feel would eliminate these problems. I met with Fire Chief Prawat this morning and he informed me that his main concern was that emergency vehicles entering from Ironwood could get blocked in. Wit the closure of the alley they would no longer be able to exit to the West and on to 21st Street. Our original plan was to construct a fence from the garage on lot 6 along a line South to the South property line of lot 7. What we propose is the construction of a gate, spanning the 14, right -of -way, and clearly marking it "FOR EMERGENCY VEHICLE EXIT ". The vacated right -of -way to the west of the gate would remain clear of obstacles so as to provide easy access to 21st Street. With this compromise we feel that we would eliminate the aforementioned problems and also achieve our intended purpose of eliminating the excessive through traffic which creates serious hazards to our children. Your continued concern in this matter is appreciated. Council Attorney Kathleen Cekanski - Farrand also read into the record and marked Exhibit 2 a letter from City Engineer John Leszczynski, dated May 10, 1989, and addressed to Kathleen Cekanski - Farrand and reads as follows: The compromise proposed does not in any way address the concerns of the Public Works Department. A vehicle using the alley would still not be able to make a turn to the north. Also, I must question the petitioners ability to guarantee that the vacated alley would always remain free of obstacles, etc. I hope this answers your questions. If I can be of further assistance please contact me at your convenience. Fire Chief Luther Taylor, spoke in opposition of the vacation. He stated that the South Bend Fire Department requires proper fire lanes for firefighting purposes. The vacation of the alley between Ironwood and 21st Street, just south of Mishawaka Avenue would not be faovrable to the Fire Department in event of a fire at the house which is located on the south east portion of the alley intersection. He requested that the Council not grant the all vacation regardless of the compromise.. Council Member Zakrzewski made motion to send this bill to the Council unfavorable, seconded by Council Member Puzzello. The motion carried by a roll call vote of 5 ayes 4 nays (Council Me ers Soderberg, Slavinskas, Coleman and Voorde). BILLS, THIRD READING BILL NO. 30 -89 A BILL TO VACATE THE FOLLCWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY SOUTH OF MISHAWAKA AVENUE RUNNING EAST FROM 21ST STREET TO THE INTERSECTION OF THE 1ST NORTH -SOUTH ALLEY RUNNING FROM MISHAWAKA AVENUE TO VINE STREET, FOR A TOTAL DISTANCE OF 133 FEET MORE OR LESS. Council Member Slavinskas made a motion to pass this bill, seconded by Council Member Coleman. The motion was defeated by roll call vote of 5 nays and 4 ayes (Council Members Soderberg, Slavinskas, Coleman and Voorde). There being no further business to come bef Council Member Coleman made a motion to adj Niezgodski. The motion carried and the mee ATTEST: APPROVED: City Clerk the Council, unfinished or new, seconded by Council Member was adjourned at 5:25 p.m.