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HomeMy WebLinkAbout08-14-89 Council Meeting MinutesREGULAR MEETING AUGUST 14, 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, August 14, 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 SPECIAL BUSINESS Council Member Voorde made a motion to schedule a special meeting for public hearing on the budget August 21, 1989, at 7:00 p.m., seconded by Council Member Luecke. The motion carried. RESOLUTION NO. 1739 -89 A RESOLUTION OF THE COMMON COUNCIL ADOPTING A WRITTEN FISCAL PLAN ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CENTRE TOWNSHIP. WHEREAS, John Becker has petitioned the Common Council to annex an area specifically described in Attachment "AA ", 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 in Centre Township near the intersection of Ireland and Ironwood Roads, more specifically described on Attachment A, which plan is attached hereto as Attachment B 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 will require the budgeting and appropriation of $7,600 of additional funds per year to provide police protection to the Annexation Area. Section III: All services of a noncapital nature will be provided to the annexed area within one (1) year after the effective date of annexation in a manner equivalent in standard and scope to those services provided to areas within the corporate boundaries that have similar topography, patterns of land use and population density. Section IV: Capital improvements will be provided by the developer within three (3) years of the effective date of annexation. Implementation of the plan will not require the appropriation of funds for capital improvements to the annexed area by the City of South Bend, Indiana. Section V: The annexation will not result in the elimination of jobs of employees of another government entity. Section VI: 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 A public hearing was held on the resolution at this time. Pam Meyer, staff person Economic Development, gave the staff report. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Soderberg. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on August 14, 1989, at 7:12 p.m., with nine members present. Chairman Luecke presiding. BILL NO. 48 -89 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CENTRE 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. Council Member Slavinskas indicated the Zoning and Vacation Committee had met on the bill and recommended it to the Council favorable. Richard Morgan, attorney, made the presentation for the RF.rLAR-- MEETING- - - - - - -- - -- _:_ -._. -- -- - AUGUST. 14.-1.984 -- - -- -- - -- _ -- bill. He indicated this five acre site would be developed into a commercial shopping center. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 26 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 2000 BLOCK OF EAST IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA. Council Member Slavinskas made a motion to continue public hearing on this bill until September 11 at the request of the petitioner, seconded by John Voorde. The motion carried. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas indicated the Zoning and Vacation Committee had met on this bill and recommended it to th Council favorably. Council Member Luecke made the presentation for the bill. He made a motion to amend this bill by striking two - thirds and insert fifty percent or more of the subject area, seconded by John Voorde. The motion carried on a roll call vote of seven ayes and two nays (Council Members Slavinskas and Soderberg.) Council Member Luecke indicated this bill would allow the Commission to review proposed historic districts before they go to the Area Plan Commission. John Oxian, Acting Director of Area Plan, spoke in favor of this bill. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 46 -89 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE MUNICIPAL CODE, BY THE ADDITION OF NEW ARTICLE 8 ENTITLED "DEFACEMENT AND DAMAGE TO PUBLIC PROPERTY" Council Member Soderberg made a motion to continue public hearing and third reading on this bill until August 28, seconded by Council Member Slavinskas The motion carried. BILL NO. 62 -89 A BILL INCREASING APPROPRIATIONS AND REDUCING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1989. 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 indicated that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. John Leisenring, Deputy Controller, made the presentation for the bill. He indicated this bill increased appropriations and reduced appropriations in various departments in the General Fund. Council Member Voorde made a motion to recommend this bill to the Council favorably, seconded by Council Member Duda. The motion carried. BILL NO. 63 -89 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1989. 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 indicated the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. John Leisenring, Deputy Controller, made the presentation for the bill. He indicated this bill transfer monies with the same departments. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 64 -89 A BILL APPROPRIATING $530,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8904, PAVING MATERIALS, WITHIN THE LOCAL ROAD AND STREET FUND. 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 indicated the Public Works Committee had met on this bill and recommended it to the Council favorably. Mike Meeks, Director of Engineering, made the presentation for the bill. He indicated this appropriation would be used to help fund the 1989 Street Paving and Slurry Program. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Soderberg. The motion carried. BILL NO. 65 -89 A BILL APPROPRIATING $125,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8905 VARIOUS ROAD IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. 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 indicated the Public Works Committee had met on this bill and recommended it to the Council favorably. Mike Meeks, Director of Engineering, made the presentation for the bill. He indicated this appropriation would be used for design of: widening Edison Road; widening Ironwood south of Ewing; signals and realignment of Twyckenham and Jefferson; and scarification of Chippewa, from Main to Fellows. Council Member Soderberg made a motion to recommend this bill to the Council favorably, seconded by Council Member Puzzello The motion carried. BILL NO. 66 -89 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA ESTABLISHING A NON - REVERTING LEAF COLLECTION AND REMOVAL SERVICES OPERATIONAL FUND. 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 indicated the Personnel and Finance Committee met on this bill and recommends it to the Council favorably. James Caldwell, administrative assistant to the Mayor, made the presentation for the bill. He indicated this bill establishes a fund for the receipt of service charges and voluntary donations to be used to fund a leaf collection and removal service. He indicated there will be an 18 cent service charge on the water bill. Dr. George Plain, Health Officer, spoke in favor a leaf burning ban. Richard Thompson, Older Adults Council, spoke in favor of this bill. Norman Primus, 1833 Campeau; Dick Miller, 226 E. Navarre, spoke in favor of this bill. Council Member Duda made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. BILL NO. 67 -89 A BILL AMENDING PORTIONS OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED "BUILDING" 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 indicated the Public Works Committee had met on this bill and recommended it to the Council favorably. Pat DeClercq, Director of Code Enforcement, made the presentation for the bill. She indicated this bill increases the fee for electrical, heating, air conditioning and ventilating exams to $40 for each regular exam and $75 for each specially scheduled examination. Member Voorde made a motion to recommend this bill to the Council favorably, seconded by Council Member Duda. The motion carried. BILL NO. 68 -89 A BILL AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED AMBULANCE /MEDICAL USER FEE AND DEDICATED FUND. 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 Soderberg indicated the Public Safety Committee had met on this bill and recommended it to the Council favorably, with the proposed amendment. Council Member Coleman made a motion to remove item 14, in paragraph A in Section 9 -16, seconded by Council Member Voorde. The motion carried. Rick Switalski, Asst. Chief, made the presentation for the bill. He indicated this bill changes the fees for mileage, advanced life support and CPR. He indicated there are new charges for defibrillation, and OB delivery. Council Member Coleman made a motion to recommend this bill to the Council favorably, seconded by Council Member Duda. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Niezgodski made a motion to rise and report to the Council, and recess, seconded by Council Member Coleman. The motion carried. ATTEST: Cite Clerk REGULAR MEETING RECONVENED ATTEST: Chan Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:15 P.M. Council President Puzzello presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 8001 -89 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had third 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 nine ayes. ORDINANCE NO. 8002 -89 AN ORDINANCE AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Luecke 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 Coleman made a motion to pass the bill, as amended, seconded by Council Member Luecke. The bill passed by a roll call vote of seven ayes and two nays (Council Members Soderberg and Slavinskas.) ORDINANCE NO. 8003 -89 AN ORDINANCE INCREASING APPROPRIATIONS AND REDUCING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1989. - - AUGUST -14, -1989 - -— _ -- This bill had third 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. 8004 -89 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1989. This bill had third reading. Council Member Voorde 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. 8005 -89 AN ORDINANCE APPROPRIATING $530,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8904, PAVING MATERIALS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had third reading. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8006 -89 AN ORDINANCE APPROPRIATING $125,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8905 VARIOUS ROAD IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had third reading. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8007 -89 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA ESTABLISHING A NON - REVERTING LEAF COLLECTION AND REMOVAL SERVICES OPERATIONAL FUND. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of eight ayes and one nay (Council Member Zakrzewski.) ORDINANCE NO. 8008 -89 AN ORDINANCE AMENDING PORTIONS OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED "BUILDING" This bill had third reading. Council Member Voorde 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. 8008 -89 AN ORDINANCE AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED AMBULANCE /MEDICAL USER FEE AND DEDICATED FUND. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Soderberg. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Luecke. The bill passed by a roll call vote of nine. RESOLUTIONS RESOLUTION 89 -53 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 EAST RIDGE CONDOMINIUM AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT. Council Member Luecke made a motion to continue public hearing on this bill until August 28, seconded by Council Member Niezgodski. The motion carried. RESOLUTION 89 -54 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 530 NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR ORKIN, INC. Council Member Luecke made a motion to continue public hearing on this bill until August 28, seconded by Council Member Niezgodski. The motion carried. RESOLUTION NO. 1740 -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 THE NORTHEAST CORNER OF PORTAGE AND MAPLE ROADS, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR HURWICH FARMS. 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 the Northeast corner of Portage and Maple roads, South Bend, Indiana, and which is more particularly described as follows: —T ..aar- _rr aiavm -emu _ .. __.. _...- __. ___. __. ..._._ ATiC-:TiS'F- 1-$ - -1$R� A parcel of land being the East Half of the Southwest Quarter of Section 22, Township 38 North, Range 2 East, City of South Bend, German Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the center of said Section 22; thence Southerly along the East line of the Southwest Quarter of said Section 22, a distance of 1140 feet; thence along a course having a deflection angle of 70 - 30' to the right from the preceding described course, a distance of 500 feet; thence along a course having a deflection angle of 45 - 00' to the left from the preceding described course,a distance of 38 feet; thence along a course having a deflection angle of 45 - 00' to the right from the preceding described course, a distance of 160 feet; thence along a course having deflection angle of 90 - 00' to the right from the preceding described course, a distance of 70 feet to the place of beginning for this description;; thence continuing along the Northwesterly projection of said last described course, a distance of 10 feet; thence along a course having a deflection angle of 90 - 00 from the preceding described course, 54.09 feet; thence Northerly along a course parallel with the East line of the Southwest Quarter of said Section 22,.a distance of 99.71 feet; thence Westerly along a course parallel with the North line of the Southwest Quarter of said Section 22, a distance of 260 feet; thence Northwesterly along a course parallel with the centerline of a public road now known as Portage Road, a distance of 458 feet; thence along a course having a deflection angle of 90 - 00' to the left from the preceding described course, a distance of 270 feet, more or less, to the centerline of said Portage Road a distance of 662 feet, more or less; thence along a course having deflection angle of 90 - 00' to the left from the preceding described course, a distance of 413 feet, more or less to the place of beginning containing 4.87 acres more or less. Subject to the legal rights of a public highway and any easements, covenants or restrictions of record. 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 rehabilitation7 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 in sections I through iI of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for 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 three (3) years. 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. Council Member Luecke indicated the Human Resources Committee had met on this resolution and recommended it favorably. Tim Hartzer, attorney, made the presentation for the resolution. He indicated this property is not located in a Economic Revitalization area. He indicated this project will generate $492,000 in taxes over the next three years, with the abatement, and it only generates $7,200 per year at the present time. He indicated there will be 484 apartments, an office /clubhouse, swimming pool and a lake, for a total cost of $9,095,000. He asked that the following letter addressed to Council Member Luecke be entered into the record: "This letter will serve to communicate the documentation requested by you and members of the Redevelopment staff pursuant to our proposed development in South Bend, Indiana. As you know our original site plan for Hurwich Farms Court submitted to South Bend Planning Department had 492 being proposed. This was, of course, a significant reduction from the 750 or so units for which the subject property had been rezoned. The proposed 492 apartments represented our standard approach to creating a very livable and marketable life style that is almost a trademark. During our initial meeting with the staff of the South Bend Planning Department it became apparent that our plans would have to be modified in order to obtain city approval. Subsequent discussions with staff resulted in a compromise acceptable to both parties, however, our proposed development was reduced by twenty -eight apartments. The reduction was primarily a result of needing to add approximately 6,200 square yards of concrete street pavement, 3,200 lineal feet of curb and gutter together with all appurtenant sidewalk and drainage systems. Based upon our in house estimates, we anticipate that the above changes will cost approximately one hundred and forty -five thousand four hundred dollars ($145,400.00). In addition to the above costs as previously stated we had plan to construct approximately 492 apartments, however, the changes resulting in additional streets and drives lowered the overall density. As such, we suffered an economic loss of one building consisting of approximately 28 apartments which would have generated gross revenues of one hundred eighteen thousand four hundred and sixty four dollars. ($118,464.00) Glenn and myself would like to thank you and Hedy for meeting with us on such short notice to clarify any inconsistencies that may have existed pursuant to our application for tax abatement. We look forward to having an ongoing present in the City of South Bend. Should you have any questions or desire additional information prior to our scheduled meeting on August 14, 1989, do not hesitate to contact met at your convenience. Sincerely, The Sexton Company, Lloyd J. Tucker, Vice President of Finance. Council Members Slavinskas and Soderberg indicated they felt giving tax abatement to this company would set a precedent. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of seven ayes and two nays (Council Members Soderberg and Slavinskas.) BILLS, FIRST READING BILL NO. 69 -89 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 618 N. LELAND, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 70 -89 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 607 N. LELAND, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Voorde. The motion carried. BILL NO. 71 -89 AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL APPROPRIATING $10,000.00 FROM THE SOUTH BEND HAZ -MAT FUND. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and third reading August 28, and refer it to the Public Safety Committee, seconded by Council Member Duda. The motion carried. ORDINANCE NO. 8010 -89 A BILL APPROPRIATING $8,968.00 FOR EMERGENCY ROOF REPAIRS AND $2,027.00 FOR REPAIR OF THE LIGHTED SIGN OF THE MORRIS CIVIC AUDITORIUM FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND. This bill had first reading. Council Member Voorde made a motion to suspend the rules and have second and third reading on this bill, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. This bill had second reading. 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, Manager of the Morris Civic, made the presentation for the bill. He indicated the roof was leaking and there was considerable damage. He indicated it was imperative these repairs be made before the Broadway Theater League season begins. This bill had third reading. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Soderberg. The bill was passed on a roll call vote of nine ayes. BILL NO. 73 -89 A BILL AMENDING CHAPTER 16 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 9 ENTITLED RECYCLING COLLECTION PROCEDURES. This bill had first reading. Council Member Soderberg made a motion to refer this bill to the Public Safety and Residential Neighborhood committees, seconded by Council Member Duda. The motion carried. BILL NO. 74 -89 A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, ADDRESSING FENCES SURROUNDING RESIDENTIAL SWIMMING POOLS. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 75 -89 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1990, AND ENDING DECEMBER 31, 1990, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing on August 21, and third reading on August 28, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 76 -89 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1990. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing on August 21, and third reading on August 28, seconded by Council Member Voorde. The motion carried. BILL NO. 77 -89 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CENTURY CENTER FUND AND THE PARKING GARAGE FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1990 AND ENDING DECEMBER 31, 1990, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing on August 21, and third reading on August 28, seconded by Council Member Zakrzewski. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Voorde made a motion to adjourn, seconded by Council Member Niezgodski. The motion carried and the meeting was adjourned at 8:55 p.m. ATTEST: 4`'�h City Clerk APPROVED: President