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HomeMy WebLinkAbout01-25-99 Council Meeting MinutesREGULAR MEETING JANUARY 25, 1999 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, January 25, 1999, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, King, Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub- committee has inspected the minutes of the January 11, 1999, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Hosinski made a motion that the minutes of the January 11, 1999, meetings be accepted and placed on file, seconded by Council Member Kelly. The motion carried. SPECIAL BUSINESS Mayor Luecke made the "State of the City" address. Council Member Coleman announced that the Community and Economic Development Committee recommended William Eagan's appointment to the Human Rights Commission. Council Member Coleman announced they have extended the appointment period, for those interested in being a member of the Historic Preservation Commission, until the February 8 meeting. Council Member Aranowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Varner. 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 at 8:00 p.m. with nine members present. Chairman Pfeifer presiding. BILL NO. 1 -99 A BILL APPROPRIATING $55,000 FROM THE URBAN DEVELOPMENT ACTION GRANT FUND FOR THE PURPOSE OF FUNDING PREDEVELOPMENT COSTS 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 Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Jon Hunt, Director of Redevelopment, made the presentation for the bill. He reported this bill would appropriate moneys to a Predevelopment Fund, which will be used to pay the cost of preparation of site plans, appraisals, feasibility studies, title and survey work, preliminary architecture, etc. He advised that the moneys would be spent on the following projects; Oliver Plow Works site planning, Studebaker Corridor and Sample Corridor planning; Commercial Corridor planning, and Central Business District /East Bank site plans. He informed the Council that approximately $35,000 would be spent in the Studebaker Corridor, $10,000 REGULAR MINUTES JANUARY 25, 1999 downtown, and $10,000 for Commercial Corridor. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member King. The motion carried. BILL NO. 94 -98 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE PROVIDING FOR CITY ADOPTION OF COUNTY LANDMARKS UPON CITY ANNEXATION OF AFFECTED LAND Council Member Coleman made a motion to continue this bill until February 8, at the request of the petitioner, seconded by Council Member Hosinski. The motion carried. Council Member Kelly made a motion to rise and report to the Council, seconded by Council Member Sniadecki. The motion carried. .ATTEST* ATTEST: qty er Chairman REGULAR MEETING RECONVENED 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 8:03 p.m. Council President Coleman presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8978 -99 AN ORDINANCE APPROPRIATING $55,000 FROM THE URBAN DEVELOPMENT ACTION GRANT FUND FOR THE PURPOSE OF FUNDING PREDEVELOPMENT COSTS This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2704 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4335 MEGHAN BEELER DR. N., TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR JABCO LIMITED LIABILITY COMPANY (BLUDOT, INC.) WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4335 Meghan Beeler Dr., N., South Bend IN, and which is particularly described as follows: Lot 5A as shown in the recorded plat of West Cleveland Road Industrial Park, Section 1, second replat, recorded September 16, 1998, as Document Number 9848694 in the Office of the Recorder of St. Joseph County, Indiana. with said real estate having the following Key No. 25- 1013 -020- f] J REGULAR MINUTES JANUARY 25, 1999 702 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. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Chip Lewis, attorney, made the presentation for the resolution. He advised that this project would entail the construction of a building and parking- lot, which will be for light industrial uses. He reported that this project is necessary for the growth of the business. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2705 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2930 FOUNDATION DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EATON CORPORATION Whereas, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and Whereas, a Declaratory Resolution designated the area commonly known as 2930 Foundation Drive, and which is more particularly described as follows: PARCEL I: A description of 8.2895 acres of land in the North half of Section 28, Township 38 north, range 2 east, St. Joseph County, Indiana, said 8.2895 acre tract being part of a certain 12.00 acre tract described in Deed Book 593, page 47 of the deed records of said St. Joseph County. Commencing at a PK nail with REGULAR MINUTES JANUARY 25, 1999 disc set at the north quarter corner of said Section 28; thence along the northerly line of said north half of Section 28, being also the north line of said 12.00 acre tract, north 89058'54" west a distance of 165.00 feet to a PK nail set for the northwest corner of said 12.00 acre tract; thence along the westerly line of said 12.00 acre tract, south 00014/02? west a distance of 785.23 feet to an iron bar set at the point of beginning of the 8.2895 acre tract herein described; thence continuing along the said westerly line, south 00014102" west a distance of 973.25 feet to a 1 1/4" iron pipe found for the southwest corner of said 12.00 acre tract being also the southwest corner of the said 8.2895 tract herein described; thence along the southerly line of said 12.00 acre tract, south 89053127" East a distance of 371.17 feet to a 3/4" iron pipe found at the southeast corner of said 12.00 acre tract being also the southeast corner of the 8.2895 acre tract herein described; thence along the easterly line of said 12.00 acre tract, north 00012122" east a distance of 973.60 feet to a 1" iron pipe found at a corner of said 12.00 acre tract, being also the southeast corner of a certain tract of land described in recorded Document No. 9016462; thence along a line of said 12.00 acre tract, being also the southerly line of said recorded Document No. 9016462, North 89055150" west a distance of 370.70 feet to the point of beginning. PARCEL II: A description of a portion of the north half of Section 28, Township 38 north, range 2 east, St. Joseph County, Indiana, said portion being more particularly described as follows: Commencing at the North Quarter corner of said Section 28, being a PK nail and disc marked "S0307 "; thence along the north line of said Section 28, north 89058'54" west a distance of 165.00 feet to a PK nail and disc set marked "S0307" thence along the westerly line of a certain 12.00 acre tract of land described in Deed Book 593, page 47 on file and record in the office of the Recorder of St. Joseph County, Indiana, South 00014102" west, a distance of 1758.58 feet to a 1 1/4" iron pipe found for the southwest corner of said 12.00 acre tract of land and the point of beginning of said portion herein described: thence continuing along the southerly extension of said westerly line, south 00014'02" west a distance of 20.64 feet to an iron bar set, marked "S030711, in the northerly right of -way line of proposed Foundation Drive extension as'shown on the plat of Airport Industrial Park, Phase III and IV and recorded as Document No. 7806496; thence along said northerly right -of -way line, north 89044'58" East a distance of 35.92 feet to a 1/2" iron bar found for the northwesterly corner of a certain tract of land described in recorded Document No. 8822679; thence along the north 89057'43" east a distance of 335.26 feet to an iron bar set; thence along the southerly extension of the easterly line of said 12.00 acre tract of land, north 00012'22" east, a distance of 19.56 feet to a 2/4" iron pipe found at the southeast corner of said 12.00 acre tract of land; thence along the southerly line of said 12.00 acre tract of land, being also the northerly line of said portion herein described north 89052127" west, 371.17 feet to the point of beginning. with said real estate having the following Key No.25- 1010 - 038401, 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 -25; and Whereas, the Council held a public hearing for the purpose 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 REGULAR MINUTES of South Bend, Indiana, as follows: JANUARY 25, 1999 SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of FIVE (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held n the resolution at this time. Jim Siever, plant engineer, made the presentation for the resolution. He advised they were investing 2.3 million for a new press. He advised the Council that this company has invested in excess of 20 million dollars in this facility, and this was the fourth tax abatement they have received. He thanked the Council for their investment in the Eaton Corp. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2706 -99 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 621, 625, 630, 631, AND 632 O'BRIEN, 1529, AND 1533 LEBANON, 310, 314, AND 317 KENTUCKY, 317, 418, AND 420 CUSHING, 1315, 1317, 1319, AND 1321 VAN BUREN, 1502 FREMONT, 1429 OLIVE, 723 SOUTH BEND AVENUE, 114, 118, AND 122 BENDIX, 804 DAYTON, 202 S. KALEY, 1614, 1624, 1630, AND 1721 ELMER, AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PIERRE A. SMITH, DBA EAGLE ASSOCIATES WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 621, 625, 630, 631, and 632 O'Brien, 1529, and 1533 Lebanon, 310, 314, and 317 Kentucky, 317, 418, and 420 Cushing, 1315, 1317, 1319, and 1321 VanBuren, 1502 Fremont, 1429 Olive, 723 South Bend Avenue, 114, 118, and 122 Bendix, 804 Dayton, 202 S. Kaley, 1614, 1624, 1630, and 1721 Elmer, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 621 O'Brien Lot 5 Smith Sub of Lot 5 18- 2036 -1207 K & M Addition 625 O'Brien Lot 4 smiths sub of lot 5 18- 2036 -1205 K & M Addition REGULAR MINUTES JANUARY 25, 1999 630 O'Brien 33 x 132° Mid PT NW 1/4 18- 2036 -1193 NE 1/4 Lot 5 K & M Addn. 631 O'Brien 33 x 157' SE Cor NW 18- 2036 -1191 Lot 5 L & M Addition 632 O'Brien 36' S Side NW 1/4 NE 18- 2036 -1194 1/4 Lot 5 K & M Addn. 1529 Lebanon Lot 93 Wenger & Kreighbaum 18- 7012 -0480 1533 Lebanon 2nd Addn. Lot 92 Wenger & Kreighbaum 18- 7012 -0481 310 Kentucky Lot 254 LaSalle Park 18- 4060 -2218 314 Kentucky Lot 255 LaSalle Park 18- 4060 -2221 317 Kentucky Lot 267 LaSalle Park 18- 4060 -2223 317 Cushing 20 Heintznmans 18- 1028 -1257 418 Cushing 5 Heintznmans 18- 1028 -1264 420 Cushing 5 Heintznmans 18- 1028 -1263 1315 VanBuren Lot 8 Mendenhall & wards 18- 1082 -3452 125 -134 A G Cushing 6th 1317 VanBuren Lot 7 Mendenhall & wards 18- 1082 -3451 125 -134 A G Cushing 6th 1319 VanBuren 79" S End Lot 6 Mendenhall & 18- 1082 -3450 Wards 125 - 134 A G Cushings 6th 1321 VanBuren 79' S End Lot 5 Mendenhall & 18- 1082 -3449 Wards 125 -134 A G Cushing 6th 1429 Olive Lot 218 Vernon Heights 18- 2108 -4024 1502 Fremont Lot 202 Vernon Heights 18- 2108 -4021 723 South Bend Ave Lot 19 & 20 18- 5035 -1236 Turnocks & Macks 18- 5036 -1237 114 Bendix Lot 224 LaSalle Park 18- 4057 -2092 118 Bendix Lot 225 LaSalle Park 18- 4057 -2095 122 Bendix Lot 226 & N � Vac 18- 4057 -2098 Alley LaSalle Park 804 Dayton Lot 1 So. East 4th Addn. 18- 7057 -2105 202 S. Kaley Lot 775 Summit PL 3RD 18- 4033 -1185 1614 Elmer' Lot 49 Huey Heights 18- 2148 -5522 1624 Elmer Lot 47 Huey Heights 18- 2148 -5518 1630 Elmer Lot 45 Huey Heights 18- 2148 -5514 1721 Elmer Lot 426 Marquette Hts 18- 2118 -4354 as a Residentially Distressed 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 a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seta'., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: 1 REGULAR MINUTES - JANUARY 25, 1999 I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or. E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed 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 V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Pierre Smith, the petitioner, made the presentation for the resolution. He reported they are requesting tax abatement on approximately fifty lots. He advised these homes will be stick built and will be funded through various funds. He indicated they were hoping to building twenty to REGULAR MINUTES JANUARY 25. 1999 twenty -five homes this year. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 3 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VARIOUS STREETS AND ALLEYS BOUNDED AS FOLLOWS: HIGH STREET ON THE EAST, PENNSYLVANIA AVENUE ON THE NORTH, BROADWAY STREET ON THE SOUTH, AND MARIETTA STREET ON THE WEST This bill had first reading. Council Member Varner made a motion to refer this bill Public Works and Property Vacation Committee and set it for public hearing and third reading on February 8, seconded by Council Member Aranowski. The motion carried. BILL NO. 4 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 7, REZONING PROCEDURES, OF THE SOUTH BEND MUNICIPAL CODE BY CLARIFYING FINAL SITE PLAN REJECTION REQUIREMENTS This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Zoning and Annexation Committee and set it for public hearing and third reading on February 9, seconded by Council Member Kelly. The motion carried. BILL NO. 5 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES, INCLUDING $2,310,423 FROM THE GENERAL FUND, $135,000 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $100,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $1,666,608 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $1,946,500 FROM THE COUNTY OPTION INCOME TAX FUND, $231,503 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL FUND, $1,111,526 FROM THE PARKS AND RECREATION FUND, $258,100 FROM THE PARKS NON - REVERTING CAPITAL FUND, $2,783,000 FROM THE LOCAL ROADS AND STREET FUND, $92,100 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $871,000 FROM THE WATER WORKS DEPRECIATION FUND, $5,152,500 FROM THE SEWAGE WORKS DEPRECIATION FUND, AND $69,500 FROM THE COLLEGE FOOTBALL HALL OF FAME FUND This bill had first reading. Council Member Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on February 9, seconded by Council Member Kelly. The motion carried. UNFINISHED BUSINESS Council Member Varner made a motion to set Bill No. 104 -98 for public hearing and third reading on February 8, and refer it to the Zoning and Annexation Committee, seconded by Council Member Pfeifer. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzinak, 1536 E. Victoria, discussed the plans to build a pool at Kennedy Park. He indicated the City needs better than just a wading pool, a regular pool was needed. He also discussed the financial losses at the Hall of Fame. REGULAR MINUTES JANUARY 25, 1999 There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 7:55 p.m. ATTEST: ATTEST: ity President