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HomeMy WebLinkAbout05-26-98 Council Meeting minutesREGULAR MEETING MAY 26.1998 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, May 26, 1998, 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, Broden, 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 May 11, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman Is/ David Varner Council Member Kelly made a motion that the minutes of the May 11, 1998, meeting be accepted and placed on file, seconded by Council Member Aranowski. The motion carried. SPECIAL BUSINESS Council Member Kelly made a motion to suspend the rules to hear a report from the casino study committee, seconded by Council Member Aranowski. The motion carried on a roll call vote of nine ayes. Mayor Luecke reported that approximately a year ago a committee had been appointed to study the potential impact of a casino in St. Joseph County. He advised that Carl Ellison and Lee Slavinskas the co- chairs, were here this evening to report the committee's recommendation. Carl Ellison indicated that the committee members operated with a great deal of openness and candor, and it was a great group to work with. He advised the committee's goal was to determine if a casino would be negative or positive for the area. He indicated they looked at the legal issues and found a wide variety of legal opinions, therefore, the committee decided to just study the impact on the community. He advised there were subcommittees on social issues, criminal justice and economic development and these subcommittees worked diligently. He advised that it was the committee's recommendation it should be a public policy of this community to oppose the location of a casino in St. Joseph County. He reported that this recommendation did not represent a unanimous view of the nineteen member committee. He also advised that St. Joseph County does not need a economic fix that some people think a casino would bring. Lee Slavinskas thanked Memorial Health Systems for providing the committee with meeting rooms and refreshments. reported they had traveled to Joliet where casinos were intended to improve the economy. He advised that gambling appeared to be the chief focus, and the further away from a casino we traveled the more vacant store fronts. Lee Slavinskas, thanked Memorial Health Systems for providing the committee with meeting rooms and refreshments. He reported they traveled to Joliet where casinos were intended to improve the economy, however, gambling appeared to be the chief focus, and the further away from a casino we traveled more vacant store fronts were obvious. Council Member Kelly made a motion to resolve into the Committee of the Whole, seconded by Council Member Broden. The motion carried. REGULAR MEETING MAY 26, 1998 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 7:35 p.m. with nine members present. Chairman Broden presiding. BILL NO. 27 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1101 CAMPEAU, SOUTH BEND, INDIANA, IN THE CITY OF SOUTH BEND, INDIANA Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Varner. The motion carried. Council Member Kelly made a motion to strike this bill from the agenda, at the request of the petitioner, seconded by Council Member Aranowski. The motion carried. BILL NO. 30 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE ST. JOSEPH VALLEY PARKWAY AND BRICK ROAD 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 Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommends it to the Council favorable. John Byorni, assistant director of Area Plan, made the presentation for the bill. He reported this is an Area Plan initiated petition to allow industrial park type uses. He described the surrounding area which is compatible with this proposed zoning. He advised the Council that the Area Plan Commission sends this to the Council with a favorable recommendation. Ann Kolata, assistant director of Redevelopment, spoke in favor of this rezoning. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried. BILL NO. 31 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE ST. JOSEPH VALLEY PARKWAY AND INTERSTATE 80/90 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 Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommends it to the Council favorable. John Byorni, assistant director of Area Plan, made the presentation for the bill. He reported this is an Area Plan initiated petition to allow for industrial uses. He described the surrounding area which is compatible with the proposed zoning. Ann Kolata, assistant director of Redevelopment, spoke in favor of this zoning. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. Council Member Kelly made a motion to rise and report to the Council, seconded by Council Member Hosinski. The motion carried. ATTEST* ZFFyPC1_6 c 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 7:45 p.m. Council President Coleman REGULAR MEETING MAY 26, 1998 presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8912 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE ST. JOSEPH VALLEY PARKWAY AND BRICK ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO 8913 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE ST. JOSEPH VALLEY PARKWAY AND INTERSTATE 80/90 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2626 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1635 SOUTH WARREN ST., 2011, 2013 GERTRUDE ST., 2100 INDIANA ST., 1901, 1903, 1905, 1907, 1909 WILLIAM ST. RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BL BUILDERS 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 areas commonly known as 1635 South Warren St., 2011, 2013 Gertrude St., 2100 Indiana ST., 1901, 1903, 1905, 1907, 1909 William St., South Bend, Indiana, and which are more particularly described as follows: Lot #120 Highland Park Replat, Lot #19 Romig's First Addition, Lot #20 Romig's First Addition, Lot #5 Highland Park Replat, Lot #273 D.M. Shivleys 1st Addition, Lot #274 D. M. Shivleys 1st Addition, Lot #275 D. M. Shivleys 1st Addition, Lot #276 D. M. Shivleys 1st Addition, Lot #277 D.M. Shivleys 1st Addition, and which has tax Key Number 18- 8081 - 3086, 18- 8081 -3087, 18 -8087- 3358, 18- 8044 -1728, 18- 8044 -1729, 18- 8044 -1730, 18- 8044 -1731, 18- 8044 -1732, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., 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 areas have been met. REGULAR MEETING MAY 26, 1998 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 sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new 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. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and 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 -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) 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 areas described herein as Residentially Distressed Areas 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. REGULAR MEETING MAY 26, 1998 /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. John Crisman, 54764 Bittersweet,` made the presentation for the resolution. He urged the Council to continue giving residential tax abatements. He indicated they have already had one sale, because this property is going to receive tax abatement. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Ujdak. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2627 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3603. PROGRESS DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR KEY PLASTICS, 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 3603 Progress, and which is more particularly described as follows: 4.73 AC BEG 195' N OF SE CAR SW NE 4.73 AC SEC 33 -38E with said real estate having the following Key No. 25 1006 0296, 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 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 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 REGULAR MEETING MAY 26, 1998 A public hearing was a held on the resolution at this time. John Fiene, Value Tech of Fort Wayne, we have expanded the abatement to 2.8 million and are creating three additional jobs. Council Member Kelly made a motion to adopt this resolution, seconded by council Member Broden. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2628 -98 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3680 WEST SAMPLE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR JOSEPH PODELL COMPANY, 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 3680 West Sample Street and which is more particularly described as follows: That part of the Northeast quarter of Section 18, Township 37 North, Range 2 East, City of South Bend, St. Joseph County which is described as: From the Northwest corner of the East half of the Northeast quarter of said section measure South 900 99' 00" West along the North line of said section 630.00 feet and South 000 02' 31" East 40.00 feet and North 900 00' 00 East 300.02 feet (300.00 feet record) and South 000 04' 00" West 578.33 feet (South 00o 01' 52" West, 579.125 feet record) and North 890 59' 13" East 13,745 feet record) and South 000 00' 38" East 250.27 feet to the point of beginning of this description; thence South 890 55' 49" West along the North line of Industrial Avenue (now vacated), 159.99 feet; thence South 000 03' 24" West 400.60 feet; thence South 890 55' 41" East along the Northerly line of the New Jersey, Indiana and Illinois Railroad, 289.00 feet; thence North 00o 03' 24" East 363.05 feet; thence North 890 56' 24" West 128.96 feet; thence North 000 00' 38" West 38.00 feet to the point of beginning. with said real estate having the following Key No. 18 8112 421509, 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; and WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 2355 -96; and WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. 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 REGULAR MEETING MAY 26, 1998 Declaratory Resolution and its Confirmatory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of property tax abatement. Such designation is for Real property tax abatement only is limited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. property owner is deduction for a p that the petition Municipal Code of 12.1 et. seq. The Common Council hereby determines that the qualified for and is granted Real property tax eriod of ten (10 years and further determines complies with Chapter 1, Article 6, of the the City of South Bend and Indiana Code 6 -1.1- 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. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Joseph Podell, the petitioner, made the presentation for the resolution. He reported he was asking for the extension on this abatement since it has taken longer than anticipated to rehab this property that has sat empty for years. He advised that this property has not been on the tax roles for ten years and they are bringing it back. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 98 -93 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 600 BLOCK OF PENNSYLVANIA AVENUE, 1200 BLOCK OF MARIETTA STREET, 600 BLOCK OF WENGER STREET AND 1200 BLOCK OF RUSH STREET (LOTS #108 THROUGH 117 AND 122 THROUGH 131 OF WENGER'S FIFTH ADDITION TO THE CITY OF SOUTH BEND) AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION, CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AND AMERICAN HOME DREAMS, INC. Council Member Kelly made a motion to continue this resolution until June 8, at the request of the petitioner, seconded by Council Member Pfeifer. The motion carried. BILLS, FIRST READING BILL NO. 45 -98 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY COMMONLY KNOWN AS THE JMS BUILDING LOCATED AT 108 NORTH MAIN This bill had first reading. Council Member Pfeifer made a motion to set this bill for public hearing and second reading on June 22, seconded by Council Member Kelly. The motion carried. BILL NO. 46 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF ZONING REGULATIONS 1 1 1 REGULAR MEETING MAY 26, 1998 ADDRESSING TATTOO, BODY PIERCING, SCARIFYING AND BRANDING ESTABLISHMENTS This bill had first reading. Council Member Kelly made a motion to refer this bill to Area Plan, seconded by Council Member Aranowski. The motion carried. UNFINISHED BUSINESS Council Member Aranowski made a motion to set Bill No. 37 -98 for public hearing and third reading on June 8, seconded by Council Member Kelly. The motion carried. 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: C� \��yVL1,OcVl�t ity 1 r President 4