Loading...
HomeMy WebLinkAbout09-25-89 Council Meeting MinutesREGULAR MEETING SEPTEMBER 25, 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, September 25, 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 August 28, 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 August 28, 1989, meeting of the Council be accepted and placed on file, seconded by Council Member Niezgodski. The motion carried. SPECIAL BUSINESS 89 -67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONGRATULATING THE SOUTH BEND WHITE SOX FOR WINNING THE MIDWEST LEAGUE CHAMPIONSHIP. WHEREAS, under the leadership of manager Rick Patterson, the South Bend White Sox won the Midwest League Championship; and WHEREAS, the South Bend White Sox finished with a 95 -47 overall win -loss record and thoroughly dominated the first -half with a 44 -18 record; and WHEREAS, the Sox used a phenomenal pitching effort to blank Springfield, three games to zero, and swept Rockford in two games for the Northern Division crown; and WHEREAS, the team utilized hardwork and discipline to put together the winning combination before over 200,000 cheering fans throughout the season; and WHEREAS, the team spirit and individual efforts of each of the players and staff brought many proud moments and cherised memories for years to come. 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 officially and publicly congratulates the South Bend White Sox baseball team for winning and bringing home the Midwest League Championship Trophy in 1989! SECTION II. The Common council commends the entire team, coaching staff, and manager Rick Patterson for a season filled with exciting defensive plays, overpowering pitching and hitting, and countless memories for the 200,000 plus fans who cheered on their home team! 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 DUDA, AT LARGE JOHN VOORDE, AT LARGE A public hearing was held on the resolution at this time. Ann Puzzello, 4th District Council Member and Thomas Zakrzewski, 6th District Council Member made the presentation on the resolution. They commend the South Bend White Sox for a job well done. John Baxter, General Manager, South Bend White Sox, spoke in favor of the resolution. He thanked the Council for sponsoring the resolution and stated that he is proud to be in South Bend. Richard Nussbaum, City Attorney, spoke in favor of the bill. He commended John Baxter for doing an excellent job with the Sox and is looking forward to the 1990 season. 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. Council Member Puzzello stated that it is necessary to retain Kathleen Cekanski- Farrand, as the Council's legal representative in the lawsuit filed on the tax abatement granted to J & M Realty. Council Member Niezgodski made a motion to retain Kathleen Cekanski Farrand, seconded by Council Member Zakrzewski. The motion carried by a roll call vote of six ayes and three nays (Council Members Soderberg, Slavinskas, Coleman.) COMMITTEE OF THE WHOLE Be it remembered Committee of the members present. BILL NO. 26 -89 that the Common Council of Whole on Monday, September Chairman Luecke presiding. the City of South Bend met in the 25, 1989, at 7:22 p.m., with nine A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 2000 BLOCK OF EAST IRELAND RD. IN THE CITY OF SOUTH BEND, INDIANA, FOR GOODRICH THEATERS, INC. 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 that the Zoning and Vacation Committee met on this bill and recommends it to the Council favorable as amended. Council Member Soderberg made a motion to accept the substitute version of this bill, seconded by Council Member Niezgodski. The motion carried. Council Member Coleman made a motion to amend the substitute version of this bill, seconded by Council Member Duda. The motion carried. Kevin Joyce - Planner, Area Plan Commission gave the staff report. Robert Goodrich, 3565 29th St., Kentwood MI, petitioner for the bill made the formal presentation on the bill. He indicated that he is requesting a zone change from "A" Residential, "A" Height & Area to "C" Commercial, "A" Height & Area to allow for the construction of a ten screen multi - threater complex. John Ford, 1800 Valley American Bank Bldg., Attorney for Betty Lueneburg, spoke in favor of the bill. He read into the record the following letters: To the Common Council of the South Bend, Indiana: I am David L. Richard, President of Richard's Home Center. Our business property is located adjacent to the proposed movie theater. I feel this movie theater will be an asset to our area: improving the business environment and security for our area, by eliminating vacant property which encourages vandalism and pilfering. Therefore, I recommend the Council's approval by the movie theater. Yours truly, David L. Richard, President. Common Council, City of South Bend, Re: proposed multi- screen theater, Ireland Road, South Bend. Dear Members: My corporation owns Southland Plaza East which is located within a few hundred feet of the theater site. I feel that every effort should be made to ensure the development of the theater on Ireland Road adjacent to Southland Plaza because there is a disproportionate number of movie screens in the northern sectors of South Bend and Mishawaka compared to the southside of South Bend, also, the Ireland /Ironwood area is in need of family entertainment for the many people that are and will be living in the area. I have been general manager of McKinley Town & Country Shopping Center for 10 years, which has a multi- screen theater. I can not remember ever having any trouble with the theater or its patrons. Sincerely, John Becker. Council Member Soderberg made a motion to recommend the substitution version as amended to the Council favorable, seconded by Council Member Slavinskas. The motion carried. BILL NO. 50 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 415 S. LOGAN 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. Kevin Joyce, Planner, Area Plan Commission gave the staff report. Lanette Rajski, 302 Donaldson, Mishawaka, IN, made the presentation on the bill. She indicated that she is requesting a zone change from "A" Residential "A" Height and Area and "C" Commercial "A" Height and Area to "C" Commercial "A" Height and Area to allow for the sale of Bridal Accessories, etc. and small gift items. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 53 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1405, 1407, 1409, 1413 W. WESTERN AV., AND 330 S. CHERRY IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas stated that the Zoning & Vacation Committee met on this bill and recommends it unfavorable to the Council. Kevin Joyce, Planner, Area Plan Commission gave the staff report. Imre Brassai, 2118 S. Morris St., made the presentation on the bill. He indicated that he is requesting a zone change from "E" Heavy Industrial, "F" Height & Area to "B" Residential, "B" Height & Area to allow for apartments and a single family dwelling. Ed Kaczmarek, 415 S. Harris, spoke in favor of the bill. Vendel Vegh, 1530 W. Western, spoke in favor of the bill. Mildred DeCook, 328 Cherry St., spoke in favor of the bill. Council Member Slavinskas made a motion to continue this bill in the Council portion to the October 9, 1989 meeting, seconded by Council Member Soderberg. The motion carried. BILL NO. 59 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JACKSON & GRASS ROADS AND THE SOUTHWEST CORNER OF THE JOHNSON & HICKORY ROADS INTERSECTION IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable. Kevin Joyce, Planner, Area Plan Commission gave the staff report. Michael Danch, Pierce & Associates, 52578 U.S. 33 North, made the presentation on the bill. He indicated that the petitioners Relative Real Estate Management Inc. is requesting a zone change from "A" Residential no Height & Area to "A" Residential "A" Height and Area, to allow for the construction of Single - Family Home Sites. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 60 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 306 & 310 NORTH 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 Slavinskas stated that the Zoning & Vacation Committee met on this bill and sends it to the Council with no recommendation. Kevin Joyce, Planner, Area Plan Commission, gave the staff report. Joe Amaral, 205 W. Jefferson Blvd., Attorney for the Petitioners, Dr. Posar & Mrs. Posar, made the presentation on the bill. He indicated that they are requesting a zone change from "A" Residential "A" Height and Area to "B" Residential, "A" Height and Area to allow for a doctor's office. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 79 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALL STREETS AND ALLEYS SOUTH OF EWING AVENUE AND PRAIRIE AVENUE (AT THE NORTH) RUNNING SOUTH TO THE SOUTH LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, AND FROM LOCUST ROAD EAST TO GRANT STREET, EXCEPT 152.9 FEET OF IRVINGTON STREET EAST OF LOCUST ROAD, AND 125 FEET OF WARREN STREET SOUTH OF EWING STREET. GRANT STREET VACATED, EXCEPT 166 FEET SOUTH OF EWING AVENUE. Council Member Slavinskas made a motion to continue this bill indefinitely, he stated that it had been tabled in the Board of Public Works, due to a problem with the legal description and lack of a petitioner, 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 Niezgodski. The motion carried. ATTEST: City Clerk Chairman REGULAR MEETING RECONVENED ATTEST: 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 8:40 p.m. Council President Puzzello presiding and nine members present. BILLS. THIRD READING ORDINANCE NO. 8015 -89 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 2000 BLOCK OF EAST IRELAND RD. IN THE CITY OF SOUTH BEND, INDIANA, FOR GOODRICH THEATERS, INC. This bill had third 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 Slavinskas. The bill passed by a roll call vote of six ayes and three nays (Council Members Niezgodski, Voorde, Puzzello.) ORDINANCE NO. 8016 -89 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 415 S. LOGAN IN THE CITY OF SOUTH BEND, INDIANA. REGULAR MEETING SEPTEMBER 25, 1989 This bill had third 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 seven ayes and two nays (Council Members Soderberg and Slavinskas.) ORDINANCE NO. 8017 -89 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JACKSON & GRASS ROADS AND THE SOUTHWEST CORNER OF THE JOHNSON & HICKORY ROADS INTERSECTION IN THE CITY OF SOUTH BEND, INDIANA. This bill had third 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. ORDINANCE NO. 8018 -89 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 306 & 310 NORTH IRONWOOD DRIVE IN THE CITY OF SOUTH BEND, INDIANA. This bill had third 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 six ayes and three nays (Council Members Luecke, Soderberg and Slavinskas.) RESOLUTIONS BILL NO. 89 -68 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS EAST RIDGE CONDOMINIUMS TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT. Council Member Luecke made a motion to continue this resolution to the October 9, 1989 meeting at the request of the petitioner, seconded by Council Member Coleman. The motion carried. 89 -69 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 530 NILES AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR ORKIN PEST CONTROL, INC. Council Member Luecke made a motion to continue this resolution to the October 9, 1989 meeting at the request of the petitioner, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1747 -89 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 209 N. MAIN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR "MAIN STREET ROW" WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of City of South Bend, Indiana requesting that the area commonly known as 209 N. Main Street, South Bend, Indiana, and which is more particularly described as follows: Lots 226, 227, and 228 of the original plat of the Town (now city) of South Bend as recorded in the records of St. Joseph County,Indiana, except that part which is described as" Beginning at the southwest corner of said lot 228 thence north along the west line of lots 226, 227and 228 in said plat 198.00 feet to the northwest corner of said lot 226 thence east along the north line of said lot 226,100.00 feet thence south 139.90 feet thence west 44.80 feet thence south 8.0 feet thence west 17.00 feet thence south 50.10 feet to the north line of Colfax Avenue thence west along said line and the south line of lot 228, 38.20 feet to the point of beginning. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seg. and South Bend Municipal Code section 2 -76 et seg., 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 seg.and South Bend Municipal Code section 2 -76 et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law, and; WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and find 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 seg., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et seg. for tax abatement. SECTION II. The Common Council hereby determines and find the following: A. That the estate 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 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 ten (10) 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. Council Member Luecke indicated that the Human Resources and Economic Development Committee had met on this bill and recommends it to the Council favorable. Robert Urbanski, 58255 Crumstown Rd., General Partner, Main St. Row, made the presentation on the resolution. He indicated that the building is the former Christman Building, which will be renamed to "Main Street Row ". He stated that the building will be completely renovated, to include new exterior face, heating, ventilating and air conditioning, and electrical. The estimate dollar value of the redevelopment or rehabilitation project is $700,000.00. Council Member Luecke 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. 1748 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DETERMINING THAT A DECLARATORY RESOLUTION AND A DEVELOPMENT PLAN APPROVED AND ADOPTED BY THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION CONFORMS TO THE PLAN OF REDEVELOPMENT FOR THE CITY AND APPROVING THAT RESOLUTION AND PLAN. WHEREAS, the City of South Bend Redevelopment Commission has approved and adopted its Resolution No. 889 (the "Resolution ") and its redevelopment plan designated as the Brick /Olive Economic Development Area Plan (the "Plan); and WHEREAS, the Resolution designates as area known as the Brick /Olive Economic Development Area (the "Area), more particularly described on Exhibit A attached hereto and incorporated herein, as an allocation area pursuant to I.C. s 36- 7 -14 -39 and an economic development area pursuant to I.C. s 36- 7- 14 -41; and WHEREAS, the Redevelopment Commission has submitted the Resolution, supporting data and the Plan to this Common Council; and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana has approved and adopted its Resolution No. 109 (the "Approving Order ") approving the Resolution and Plan conform to the plan of development and redevelopment for the City of South Bend, and has submitted the Approving Order to this Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: 1. The Resolution and the Plan for the Area conform to the plan of development and redevelopment for the City of South Bend, Indiana. 2. This Common Council hereby approves, ratifies and confirms the Resolution, the Approving Order and the Plan, including without limitation the determination that the Area is an economic development area pursuant to I.C. s36- 7- 14 -39. 3. 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. K. C. Pocius, Economic Development Specialist, made the presentation on the bill. He indicated that the resolution is approving the order of the Area Plan Commission with regard to the Development Plan for the Brick /Olive Economic Development Area. 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. 1749 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE SOUTH BEND HOUSING AUTHORITY TO SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR 30 UNITS OF SECTION 8 EXISTING VOUCHERS. WHEREAS, The South Bend Housing Authority is the applicant for a grant from the United States Department of Housing and Urban Development; and WHEREAS, The receipt of Section 8 Existing Vouchers will enable The South Bend Housing Authority to provide housing assistance to eligible families; SECTION I. The Common Council hereby establishes the authority of The South Bend Housing Authority to submit a grant application to the United States Department of Housing and Urban Development for funding for Section 8 Existing Vouchers to be used to house eligible families. SECTION II. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Terry Cunningham, Housing Authority Deputy Director, made the presentation on the resolution. He indicated that the Housing Authority has received notification from the HUD Indianapolis Area Office of the availability of funds for thirty (30) Units of Section 8 Vouchers and this resolution is needed to complete the application. 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. RESOLUTION NO. 1750 -89 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 A SECTION 108 LOAN GUARANTEE UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for a Section 108 Loan Guarantee under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, proceeds from this loan will be used for various redevelopment activities within the West Washington- Chapin Development Area as outlined in the "Final Statement of Section 108 Loan Guarantee Objectives and Projected Use of Funds;" and WHEREAS, the redevelopment of the West Washington- Chapin Development Area will be greatly facilitated by the receipt of proceeds available through a Section 108 Loan Guarantee. 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 the Section 108 Loan Guarantee Application to the United States Government under Title I of the Housing and Community Development Act of 1974, as amended and take all other actions necessary to secure funds. SECTION II. That the Common Council of the City of South Bend, Indiana hereby requests that the Mayor submit the Section 108 Loan Guarantee Application to the Common Council for review and comment prior to the date upon which the Section 108 Loan Guarantee Application must be filed with the Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Section 108 Loan Guarantee funds received upon approval of this application. SECTION IV. That this Resolution shall be in full force anf 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 stated that the Human Resources and Economic Development Committee met on this bill and recommends it to the Council favorable. David Norris, West Washington Project Manager, made the presentation on the resolution. He indicated that the resolution will allow the City to submit an application to the U.S. Department of Housing and Urban Development for 1989 Section 108 Loan Guarantee Funds. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 81 -89 A BILL AMENDING THE ZONING ORDINANCE FOR LOTS 1, 2, 3, AND ONE -HALF OF THE VACATED ALLEY NORTH AND ADJACENT TO LINCOLN PLAZA LOCATED AT THE NORTHEAST CORNER OF SHERIDAN AVENUE AND LINCOLNWAY WEST 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 Luecke. The motion carried. BILL NO. 82 -89 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $25,000.00 FROM THE EMS CAPITAL IMPROVEMENT FUND. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing October 9, 1989, seconded by Council Member Luecke. The motion carried. BILL NO. 83 -89 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING FUNDS FROM THE LEAF COLLECTION & REMOVAL SERVICES OPERATIONAL FUND. This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing October 9, 1989, seconded by Council Member Coleman. The motion carried. BILL NO. 84 -89 A BILL APPROPRIATING $750,000 OF SECTION 108 LOAN FUNDS, PLUS EARNED INTEREST, FOR USE IN WEST WASHINGTON /CHAPIN REVITALIZATION AREA. This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing October 9, 1989, seconded by Council Member Niezgodski. The motion carried. BILL NO. 85 -89 A BILL APPROPRIATING $350,000 TO ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing October 9, 1989, seconded by Council Member Niezgodski. The motion carried. BILL NO. 86 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A DEDICATED BUT UNIMPROVED STREET WITHIN THE CITY OF SOUTH BEND, INDIANA KNOWN AS NUTEK DRIVE. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing October 9, 1989, seconded by Council Member Duda. The motion carried. BILL NO. 87 -89 A BILL TO VACATE DIVISION (NOW WESTERN) AVENUE TWENTY (20) FEET PUBLIC RIGHT OF WAY BETWEEN FRANCES STREET AND NOTRE DAME AVENUE ALL BEING IN BECKS 1ST. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing October 9, 1989, seconded by Council Member Voorde. The motion carried. BILL NO. 88 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 2ND EAST -WEST ALLEY NORTH OF MARION STREET, RUNNING WEST FROM LELAND STREET FOR A DISTANCE OF APPROXIMATELY 160.3 FEET. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing October 9, 1989, seconded by Council Member Luecke. The motion carried. REPORTS FROM AREA PLAN BILL NO. 78 -89 - Rezone Hepler St. Council Member Coleman made a motion to set this bill for second reading and public hearing October 9, 1989, seconded by Council Member Coleman. The motion carried. BILL NO. 122 -88 - Leaf Burning Council Member Duda made a motion to set this bill for second reading and public hearing October 9, 1989, seconded by Council Member Luecke. The motion carried. PRIVILEGE OF THE FLOOR Joe Guentert - 3510 Corby Blvd., spoke regarding the leaf collection program. He stated that he would like to see grass clippings also allowed in the pick -up. Nancy Wroblewski - 1218 Kessler P1., spoke regarding "Banning Leaf Burning." She would like to have a ban on burning with exceptions to those people who have too numerous to bag.