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HomeMy WebLinkAbout02-11-85 Council Meeting MinutesREGULAR MEETING FEBRUARY 11, 1985 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, February 11, 1985, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Serge, Braboy, Puzzello, Taylor, Zakrzewski, Crone, Paszek, Voorde and Beck Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the January 28, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. Beverlie J. Beck Ann Puzzello Thomas Zakrzewski Council Member Serge made a motion that the minutes of the January 28, meeting of the Council be accepted and placed on file, seconded by Council Member Puzzello. The motion carried. REPORTS Council Member Voorde indicated that the Zoning and Vacation Committee had met on bill nos. 143 and 145 -84 and 5 -85 and recommended them favorable. Council Member Crone indicated that the Residential Neighborhood Committee had met on Bill No. 144 -84 and recommended the substitute bill favorable. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Crone. 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 February 11, at 7:07 p.m., with nine members present. Chairman Serge presiding. BILL NO. 143 -84 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND,•INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTH SIDE OF IRELAND BETWEEN FELLOWS AND HIGH.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Magliozzi, of Area Plan, indicated this petition requests a zone change from "A" residential to "B" residential. He described the surrounding property which was basically commercial. Council Member Taylor made the presentation for the bill. He indicated there are approximately thirteen single family homes in this area. He indicated that through the years Ireland has become basically commercial. He indicated that the property owners have a problem because of the changing nature of the neighborhood, their property is decreasing in value. He indicated there were no remonstrators at the Area Plan meeting. He indicated that the church was expanding and this "B" zoning will allow them this expansion. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 145 -84 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTHEAST CORNER OF PORTAGE AND THE TOLL ROAD.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Magliozzi, of Area Plan, gave the staff report. He indicated they were requesting this "C" zoning in order to construct retail stores. He indicated that the staff report was favorable, however, the petitioners were to dedicate additional right -of -way. Richard Morgan, attorney, made the presentation for the bill. He indicated that in 1979 the Council had rezoned this parcel for a similar site plan. He indicated that traffic was an existing REGULAR MEETING FEBRUARY 11, 1985 situation at this site, and this convenience center will not bring additional traffic into the area. Jim Childs, a local architect, spoke in favor of this rezoning. Ray Brock, chairman of the Council Oak Neighborhood Group, spoke against this rezoning. John Leszczynski, City Engineer, indicated they do not plan to signalize this area. He indicated they would anticipate building a new passing zone. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. BILL NO. 5 -85 A BILL ANNEXING AND BRINGING WITHIN THE BOUNDARIES OF THE CITY OF SOUTH BEND, INDIANA, CERTAIN REAL ESTATE LOCATED WITHIN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Taylor made the presentation for the bill. He indicated That Hilltop Lutheran Church is an island at this time. He indicated that the City had property to the east and west of the church. He indicated that fire and police were already answering calls at the church. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 144 -84 A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF NEW SECTION 4 -23 ENTITLED FERTILIZER MANUFACTURERS. 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 Crone made the presentation for the bill. Council Member Taylor made a motion to amend the bill by substitution on file with the City Clerk, seconded by Council Member Voorde. The motion carried. Council Member Crone indicated that for the last several months she had been meeting with members of neighborhood organizations, Carolyn Pfotenhauer, of the City Attorney's office, Katherline Barnard, Code Enforcement, and Kathy Cekanski- Farrand, Council Attorney, in an attempt to draft a bill that would address the possibility of a fertilizer manufacturing operation locating within the City of South Bend. She indicated it was the general consensus that because of the many health and safety considerations involved reasonable licensing requirements should be enacted to protect the public interests. She indicated this bill sets forth certain licensing standards which all such operations would have to meet before beginning operation. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Puzzello. The motion carried. ATTEST: °Y`9' City Clerk REGULAR MEETING RECONVENED ATTEST: hair e an 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 7:32 Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7429 -85 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTH SIDE OF IRELAND BETWEEN FELLOWS AND HIGH.) This bill had second reading. Council Member Serge made a motion to a pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7430 -85 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTHEAST CORNER OF PORTAGE AND THE TOLL ROAD.) This bill had second reading. Council Member Serge made a motion to a pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7431 -85 AN ORDINANCE ANNEXING AND BRINGING WITHIN THE BOUNDARIES OF THE CITY OF SOUTH BEND, INDIANA, CERTAIN REAL ESTATE LOCATED WITHIN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. 1 C 1 1 3:: REGULAR MEETING FEBRUARY 11, 1985 This bill had second reading. Council Member Serge made a motion to a pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7432 -85 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF NEW SECTION 4 -23 ENTITLED FERTILIZER MANUFACTURERS. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended, in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1256 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS SOUTHWEST CORNER OF MICHIGAN AND WASHINGTON STREETS, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF (REAL OR PERSONAL) PROPERTY TAX ABATEMENT. WHEREAS, the Common Council of the City of South Bend has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as the Southwest corner of Michigan and Washington and more particularly described by a line drawn as follows: All of lots 25 and 26 and the North 28 feet of lot 27 of the original plat of the Town (now City) of South Bend, St. Joseph County, more particularly described as follows: Beginning at the northeast corner of said Lot 25; thence South a distance of 160.20 feet along the west boundary of Michigan Street; thence West a distance of 165.88 feet along a line parallel to a point on the west line of said Lot 27; thence North a distance of 160.20 feet along the west lines of Lots 27, 26 and 25; thence East a distance of 165.88 feet along the north line of Lot 25 to the point of beginning, containing 26,574 square feet (0.610 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2 -5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. 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. Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Eugenia Schwartz, Assistant City Attorney, indicated this resolution confirms the declaratory resolution adopted at the last Council meeting. She indicated the property was owned by the Redevelopment Commission and will be leased to Teachers Credit Union. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor.. The resolution was adopted by a roll call vote of nine ayes. REGULAR MEETING RESOLUTION NO. 1257 -85 FEBRUARY 17.., 1985 . A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 326 W. SOUTH (UNION STATION) AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 326 W. South, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Beginning at the point of intersection of the south line of South Street and the west line of South Lafayette Street; thence south along the west line of Lafayette Street; said line having an assumed bearing of S 02' 40" E, a distance of 109.43 feet to the face of a concrete retaining wall for the Penn Central Railroad right -of -way; thence N 86 23' 34" W, along the face of said retaining wall, a distance of 420.92 feet; thence N 00 00' 00" E, a distance of 82.95 feet to the south line of South Street; thence N 90 00' 00" E, a distance of 42.00 feet to the point of beginning. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6- 1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in questions; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Mark Phillipoff, attorney, indicated Softchip intended to use this building as its corporate headquarters. He indicated that the remaining area would be leased for office space. Kevin Smith, petitioner, showed the scale model of the proposed improvements to the building. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Braboy. The resolution was adopted by a roll call vote of nine ayes. Council Member Puzzello made a motion to combine public hearing on Resolutions C & D, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 1258 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND VOTING IN FAVOR OF A PROPOSED ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL INCREASING THE PERCENTAGE CREDIT ALLOWED FOR HOMESTEADS. WHEREAS, the Common Council of the City of South Bend recognizes that the Indiana Legislature has passed legislation which provides that once a county option income tax is in effect, a county may adopt an ordinance to increase the percentage credit allowed for homesteads in its county under IC 6 -1.1- 20.9 -2; WHEREAS, in order to provide property tax relief to all owners of homesteads in St. Joseph County, Indiana, it is in the interest of residents of South Bend and St. Joseph County to increase the percentage credit allowed for homesteads. Ir L- 1 LJI 1 REGULAR MEETING FEBRUARY 11, 1985 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 hereby casts its 45.41 votes for the proposed ordinance of the St. Joseph County Income Tax Council, which reads as follows: ORDINANCE NO. AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL INCREASING THE PERCENTAGE CREDIT ALLOWED FOR HOMESTEADS. STATEMENT OF PURPOSE AND INTENT; WHEREAS, IC 6- 3.5 -6 -2 establishes the County Income Tax Council; and WHEREAS, the members of the St. Joseph County Income Tax Council are the South Bend Common Council, Mishawaka Common Council, the St. Joseph County Council, and other local units; and WHEREAS, during the 1984 General Assembly the law governing percentage credits allowed for homestead exemptions was amended to allow a four percent (4 %) credit during 1986 and thereafter unless said credits are increased by Ordinance of the County Income Tax Council; and WHEREAS, the St. Joseph County Income Tax Council wishes to increase the percentage credit allowed for homestead exemptions two percent (2 %); and WHEREAS, such an Ordinance of the St. Joseph County Income Tax Council must be passed on or before June 1, 1985; NOW, THEREFORE, BE IT ORDAINED BY THE ST. JOSEPH COUNTY INCOME TAX COUNCIL OF ST. JOSEPH COUNTY, INDIANA. as follows: SECTION I. The percentage credit for homesteads, as provided by IC 6 -1.1 -20.9 is increased by the St. Joseph County Income Tax Council for all eligible homesteads in the county, according to the following schedule: CALENDAR YEAR PERCENTAGE CREDIT 1986 6% (2% local, 4% state) 1987 6% (2% local, 4% state) 1988 6% (2% local, 4% state) 1989 6% (2% local, 4% state) SECTION II. The percentage credit allowed for homesteads under the schedule in Section I. of this Ordinance is the sum of the percentage credit allowed by IC 6 -1.1 -20.9 plus the additional percentage credit authorized by the St. Joseph County Income Tax Council. This Ordinance shall be in full force and effect on and after the 1st day of January, 1986. SECTION III. This ordinance expires on December 31, 1989. 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/ Beverlie J. Beck Member of the Common Council Approved and signed by me this 11th day of February 1985 at 9:00 o'clock. RESOLUTION NO. 1259 -85 /s/ Roger 0. Parent Roger 0. Parent, Mayor City of South Bend ATTEST; /s/ Irene Gammon Irene Gammon City Clerk A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND VOTING IN FAVOR OF A PROPOSED ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL IMPOSING THE COUNTY OPTION INCOME TAX IN ST. JOSEPH COUNTY. WHEREAS, the Common Council of the City of South Bend recognizes that the Indiana Legislature has passed legislation which provides for a County Option Income Tax; and REGULAR MEETING FEBRUARY 11, 1985 WHEREAS, in order to continue to provide essential governmental services to all residents of St. Joseph County, Indiana; and; and in consideration of the Mayor's recommendation that there is a financial need to impose the County Option Tax in St. Joseph County. 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 hereby casts its 45.41 votes for the proposed ordinance of the St. Joseph County Income Tax Council, which reads as follows: ORDINANCE NO. STATEMENT OF PURPOSE AND INTENT: The St. Joseph County Income Tax Council, pursuant to IC 6- 3.5 -6 -1 et sec.., has determined that it will be in the public interest to impose a county option income tax for St. Joseph County, Indiana. NOW, THEREFORE, BE IT ORDAINED BY THE ST. JOSEPH COUNTY INCOME TAX COUNCIL OF ST. JOSEPH COUNTY, INDIANA, as follows: SECTION I. The St. Joseph County County Option Income Tax on the County County Option Income Tax is imposed at (0.2 %) on the resident county taxpayer Five - Hundredths of one percent (0.05 %) taxpayers. This tax takes effect July Income Tax Council imposes the taxpayers of St. Joseph County. The a rate of Two - tenths of one percent of the County and at a rate of on all nonresident county 1 of this year, 1985. SECTION II. The tax Rate for subsequent years is as follows: Resident County Nonresident Taxpayers County Taxpayers 7/1/86 to 6/30/87 0.3% 0.075% 7/1/87 to 6/30/88 0.4% 0.1% 7/1/88 to 6/30/89 0.5% 0.125% 7/l/89 to 6/30/90 0.6% 0.15% and subsequent years. SECTION III. This Ordinance shall be in full force and effect from and after its adoption by the St. Joseph County Income Tax Council. 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/ Beverlie J. Beck Member of the Common Council Approved and signed by me this 11th day of February 1985, at 9;00 o'clock. /s/ Roger 0. Parent Roger 0. Parent, Mayor City of South Bend ATTEST: /s/ Irene Gammon Irene Gammon, City Clerk A public hearing was held on the resolutions at this time. Council Member Beck read both resolutions. She indicated that the telephone calls she had been receiving since proposing these resolutions are from homeowners that are excited about holding the line on taxes. She indicated that the City is in a position to furnish tax relief that they have not been able to offer for many years. She indicated it would appear to be a political liability not to pass this homestead credit. She indicated it is somewhat like the flat tax theory in that it would for a change draw into the.,, fold the countless numbers who are not paying taxes, but are enjoying the services; without paying a cent. She indicated that no other area in the state has offered more that a 2% homestead tax credit. She indicated this would be the only type of property tax relief we can expect for many years to come. She indicated this is not just another tax, it is a total restructuring of the tax load off the elderly, off the unemployed, and off the overburdened homeowner both city and county. She indicated that Social Security is not taxed, but interest and pensions are taxed. She indicated this was still an excellent tax restructuring, since in almost every case the tax credit overwhelmingly surpasses the small tax. Robert Schultz, 2405 E. Edison, Teamsters business agent, spoke in favor of this bill. Charles Hurley, Chief of Police, spoke in favor of this bill. John Leszczynski, City Engineer, spoke in favor of this bill. Steven Drendell, co -chair of Common Cause, spoke in favor of this bill. T. Brooks Brademas, 732 Lincolnway West, Mishawaka, indicated he paid approximately $400,00 a year in property taxes in St. Joseph County, of which about $150,000 are in the City of South Bend. He indicated that the recent state legislature eroded the system of property tax controls established in 1973. L n 1 L_J I I REGULAR MEETING FEBRUARY 11, 1985 He indicated that local units of government are now guaranteed a minimum of 5% annual increase in property taxes and can raise additional taxes as necessary to cover increases in police and fire pension costs and utility bills that exceed 10% of the previous year. He indicated they are also empowered to levy additional property taxes to finance new cumulative capital improvement accounts. He indicated that South Bend apparently feels that the local option tax should be adopted, while the County and Mishawaka have indicated they are not ready to support such a tax at this time. He indicated that Mishawaka has over $1 million in surplus in general funds. He indicated that common sense planning on the part of the City of Mishawaka would appear to remove any need for option income tax funds. He indicated that a review of the financial needs and resources of the County would support the conclusion that citizens of the County are being well served by County leaders with no pressing need for option income tax funds. He indicated that with the decision not to press for the $3.8 million bond issue, over a $1 million was cut from the budget, primarily by the elimination of 33 staff positions of which 11 are in the fire department and 8 in the police department. He indicated the Mayor has been quoted as stating that this reduction may delay response from the police and fire departments. He indicated that the positions to be eliminated were already vacant, and at the same time a review of the performance of the departments shows clearly that the incident of crime and fires is significantly reduced from past years when the police and fire had more personnel. He questioned the parking garage deficit; purchase of vacant land on Hydraulic; and the Palais Royale Lease. Council Member Voorde indicated that local option tax is the only significant source of funds available. He indicated that the homestead credit should be put on an escalating. basis. He indicated he had a problem with the homestead credit. He indicated the option ranges from giving no homestead credit to 8 %, in addition to the 4% provided by the State. He indicated if we are going to put the revenue on an escalator, we should put the credit on an escalator. He indicated the Council should adopt the local option tax, and amend the homestead credit on page 2 to read: 1986 -2 %, 1087 -3 %, 1988 -4 %, 1989 -5 %. He made a motion to amend resolution 9C. He indicated that there was a possibility that the County and Mishawaka were not going to accept the 2% homestead credit. Council Member Crone asked if unemployment compensation was taxed. Michael Vance, City Controller, indicated it would be taxed, however, a single person would have to have income in excess of $18,000, and a married couple $25,000, before unemployment is taxable. Council Member Crone indicated she would support the homestead credit, but would not support the local option tax. Council Member Beck indicated she found that difficult to understand because without local option tax there was no homestead credit. Council Member Taylor indicated that in a very short time all the people in the State will be under this tax. He indicated that no community in the State has adopted over a 2% homestead credit. Council Member Crone seconded Council Member Voorde's motion. Council Member Crone asked if the County Income Tax Council had the right to rescind the local option tax during the next four years. Michael Vance indicated they had that right. He indicated State statutes do not say specifically that the homestead credit can be decreased. Council Member Crone indicated that under the local option bill we have also have the right to establish a cumulative capital improvement fund. She asked if that was going to be filed again this year. Michael Vance, Controller, indicated they intended to file it again for 1986. The motion failed on a roll call vote of two ayes (Council Members Crone and Voorde) and seven nays. Council Member Taylor made a motion to adopt Resolution No. 1258 -85, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Voorde.) Council Member Taylor made a motion to adopt Resolution No. 1259 -84, seconded by Council Member Serge. The Resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Crone.) Council Member Taylor made a motion to recess, seconded by Council Member Voorde. The motion carried and the meeting was recessed at 9:00 p.m., and reconvened at 9:12 p.m. RESOLUTION NO. 1260 -85 WHEREAS, on 1243 -84, which our area by the A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT HANSEL NEIGHBORHOOD SERVICE CENTER, INC. BE DESIGNATED AS THE AGENCY TO RECEIVE FUNDS FROM THE DEPARTMENT OF AGING AND COMMUNITY SERVICES BEGINNING MARCH 1, 1985. December 17, 1984, the South Bend Common Council adopted Resolution addressed the need for continued funding of neighborhood centers in Department of Aging and Community Services; and WHEREAS, Hansel Neighborhood Service Center, Inc is desirous of being named as the recipient of such state funds so that neighborhood centers in Fulton, Marshall and St. Joseph Counties can continue; WHEREAS, Hansel Center would also be interested in serving Kosciusko and Elkhart Counties if requested by these counties; and WHEREAS, the Common Council believes that Hansel Neighborhood Service Center, Inc. would be an excellent choice as the local agency to receive funds from the Department of Aging and Community Services beginning March 1, 1985. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: REGULAR MEETING FEBRUARY 11, 1985 SECTION I. The Common Council of the City of South Bend, Indiana, believes that the many neighborhood community services offered by the neighborhood centers are important to the welfare of our communities. SECTION II. In light of the decision to terminate future funding to the United Neighborhood Council, the Common Council believes that Hansel Neighborhood Service Center, Inc. should be named as the receiving agency of funds from the Department of Aging and Community Services beginning March 1, 1985, so that such vital services will continue. SECTION III. The Common Council authorizes the City Clerk to send a certified copy of this Resolution to Susie Rasdall of the Department of Aging and Community Services upon adoption. SECTION IV. This Resolution shall be in full force and effect upon and after its adoption by the Common Council and approval by the Mayor. /s/ Eugenia Braboy Member of the Common Council A public hearing was held on the resolution at this time. Council Member Braboy read the resolution. Council Member Taylor made a motion to adopt the resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDRESSING FAIR CAMPAIGN PRACTICES. A public hearing was held on the resolution at this time. Council Member Crone read the resolution. Stephen Drendall, co -chair of Common Cause, indicated they supported the resolution. Council Member Crone made a motion to amend the bill on page 2, (f) by adding the words "penalty of" before the word "perjury ", seconded by Council Member Voorde. The motion carried. Council Member Zakrzewski made a motion to adopt the resolution, as amended, seconded by Council Member Voorde. The motion failed on a roll call vote of four ayes (Council Members Taylor, Zakrzewski, Crone and Voorde) and five nays. BILLS, FIRST READING BILL NO. 7 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PUBLIC RIGHT -OF -WAY RUNNING FROM E. LASALLE STREET NORTH AND NORTHEAST TO THE EAST RACE WATERWAY AND ADJACENT TO LOTS 12 THROUGH 22 OF MILLER AND GREEN'S SECOND ADDITION AND THE WEST LEG OF THE OLD EAST RACE, AND COMMONLY KNOWN AS HYDRAULIC AVENUE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Taylor made a motion to set this bill for second reading and public hearing February 25, seconded by Council Member Puzzello. The motion carried. BILL NO. 8 -85 A BILL APPROPRIATING FUNDS IN THE AMOUNT OF $40,000.00 FROM THE GENERAL PARK FUND TO THE PARK MAINTENANCE FUND .01 TO BE USED TO SUPPLEMENT THE 1985 PARK MAINTENANCE BUDGET. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing February 25, and refer it to the Park Committee, seconded by Council Member Puzzello. The motion carried. BILL NO. 9 -85 A BILL AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED ZONING, CONCERNING OFF - STREET PARKING IN THE CENTRAL BUSINESS DISTRICT CORE. This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Puzzello. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Crone. The motion carried and the meeting was adjourned at 9:32 p.m. ATTEST; APPROVED; City Clerk resident