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HomeMy WebLinkAbout09-14-98 Council Meeting MinutesREGULAR MEETING SEPTEMBER 14, 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, September 14, 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 August 24 and August 31, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Broden made a motion that the minutes of the August 24 and August 31, 1998, meetings be accepted and placed on file, seconded by Council Member Varner. The motion carried. Council Member Aranowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Broden. 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 7:10 p.m. with nine members present. Chairman Broden presiding. BILL NO. 69 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF WEST SAMPLE STREET FROM THE EAST RIGHT -OF -WAY OF WEBSTER STREET TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH /SOUTH ALLEY EAST OF WEBSTER STREET FOR A DISTANCE OF APPROXIMATELY 144 FEET AND A WIDTH OF 12 FEET. PART LOCATED IN ARNOLD & WEBSTER'S SUB. OF BANK OUTLOT 103, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Council Member Coleman made a motion to continue public hearing on this bill, at the request of the petitioner, until October 12, and refer it back to the Zoning and Vacation Committee, seconded by Council Member Varner. The motion carried. BILL NO. 36 -98 A BILL AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A NORTH ST. JOSEPH STREET HISTORIC PRESERVATION DISTRICT Council Member Pfeifer made a motion to continue public hearing on this bill until October 26, seconded by Council Member Kelly. The motion carried. BILL NO. 71 -98 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1999 A public hearing was held on the resolution at this time. Council Member Broden reported that the Personnel and Finance REGULAR MEETING SEPTEMBER 14, 1998 Committee had met on this bill and recommended it to the Council favorable. Cathy Roemer, City Controller, made the presentation for the bill. She reported this bill was for the tax rate in 1999. She advised there are maximum figures and the City does not anticipate the rates will be at this level. Council Member Kelly made a motion to continue this bill until September 28, in the Council portion of the public hearing, seconded by Council Member Coleman. The motion carried. BILL NO. 72 -98 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1999, AND ENDING DECEMBER 31, 1999, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT A public hearing was held on the resolution at this time. Council Member Broden reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Mayor Luecke made the presentation for the bill. He reported this was an operating budget that covers the expenses, but does not address capital expenditures. He advised that a large portion of the budget is for public safety and personnel expense. He informed the Council there was $450,000 in this budget for the College Football Hall of Fame, which is an increase from this year. He reported that the self- insurance fund has had a difficult year and we are anticipating making changes. Jack Samuels, a City resident for 36 years, spoke against the money for the Football Hall of Fame, indicating for the past three years the taxpayers have been given promises. He indicated that the Football Hall of Fame is a waste of money. Council Member Hosinski made a motion to continue this bill until September 28, in the Council portion of the public hearing, seconded by Council Member Coleman. The motion carried. BILL NO. 73 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1999, AND ENDING DECEMBER 31, 1999, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT A public hearing was held on the resolution at this time. Council Member Broden reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Mayor Luecke made the presentation for the bill. He advised the the Enterprise Budget is for the utilities and it is not as personnel intensive. He asked for the Council's favorable consideration on this budget. Council Member Hosinski made a motion to continue this bill until September 28, in the Council portion of the public hearing, seconded by Council Member Coleman. The motion carried. BILL NO. 74 -98 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 1999 A public hearing was held on the resolution at this time. Council Member Broden reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Jeff Jankowski, deputy city attorney, made the presentation for the bill. He reported that this bill fixes the salaries of non - bargaining employees for 1999. He advised there was been an increase in medical insurance, and we are also looking at a different rebate for those,not using the City insurance fund. He informed the Council that most employees will REGULAR MEETING SEPTEMBER 14, 1998 be receiving a 3.2% increase. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 75 -98 A BILL FIXING THE MAXIMUM SALARIES AND WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1999, 2000, 2001, AND 2002 A public hearing was held on the resolution at this time. Council Member Broden reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Jeff Jankowski, deputy city attorney, made the presentation or the bill. He advised that this salary agreement is the result of negotiations between the City and the Teamsters. He explained that the issue of insurance has been addressed, as well as some vacation changes Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Sniadecki. The motion carried. 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 7:40 p.m. Council President Coleman presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8932 -98 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 1999 This bill had third reading. Council Member Varner made a motion to pass the bill, seconded by Council Member Broden. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8933 -98 A BILL FIXING THE MAXIMUM SALARIES AND WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1999, 2000, 2001, AND 2002 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. RESOLUTIONS RESOLUTION NO. 2671 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4070 MEGAN BEELER DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR K & L LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas 1 1 REGULAR MEETING SEPTEMBER 14, 1998 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 4070 Megan Beeler drive, South Bend IN, and which is particularly described as follows: 42.41 AC MID PT NW SEC 21 -38 -2E with said real estate having the following Key No. 25- 1013 - 020702 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 SIX (6) 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 secs. 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. Michael Wojtysiak, of Lawton Kruggel & Co., made the presentation for the resolution. He informed the Council that this company planned to expand into a modern facility in the West Cleveland Road Industrial Park. He reported that nine new permanent jobs would be created. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Pfeifer. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2672 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 S. MAIN TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR AXELBERG & AXELBERG LLC 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 REGULAR MEETING SEPTEMBER 14, 1998 known as 1902 S. Main, South Bend IN, and which is particularly described as follows: PARC OF LAND BEG APPROX 140' E OF CENTERLINE OF CALVERT & LAFAYETTE ST. & BEING PT OF W h SW 1/4 SEC. 13 -37 -2E CONT 1.94 AC +- with said real estate having the following Key No. 25- 1013 -0218 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. 1s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Michael Wojtysiak, of Lawton Kruggel & Co., made the presentation for the resolution. He informed the Council that this company was founded in South Bend in 1922, and it is a third generation family business. He reported they plan to construct an addition to their factory. He indicated with this growth there will be thirty new jobs created. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2673 -98 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 119 NORTH MICHIGAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR JOHN S. HOSINSKI ON BEHALF OF AND FOR THE BENEFIT OF THE ULTIMATE CONNECTION, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 119 N. Michigan, South Bend, Indiana, and which REGULAR MEETING SEPTEMBER 14, 1998 is more particularly described as follows: A parcel of land being a part of a parcel of land 11 feet in width, north and south, taken off of and from the entire length of the south side of lot numbered fourteen (14) and all of lot numbered fifteen (15) excepting therefrom a lot or parcel of land 4h feet in width, north and south, taken off of and from the entire length of the south side thereof for the widening of Center Street, all as shown on the original plat to the town, now City of South Bend, Portage Township, St. Joseph County, Indiana and which has Key Number 18 1002 0075 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. 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 seq., and South Bend Municipal Code Sections 2- 76, et seq., 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 finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation: E. 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 F. 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. REGULAR MEETING SEPTEMBER 14, 1998 SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield 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 Indiana Code 6 -1.1- 12.1 -3. 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 pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, 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/ 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. Council Members Hosinski and Coleman reclused themselves from voting on this issue, since they were financially involved. Council President Coleman asked Council Member Pfeifer to chair this public hearing. Lynn Madison, president of Ultimate Connection, made the presentation for the resolution. She indicated she was proposing to rehab the building and put in a cyber cafe where you can surf the internet. She advised the Council that the total estimated cost of the project is $200,000. She reported that the project would create ten permanent jobs. 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 seven ayes. BILLS, FIRST READING BILL NO. 76 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF FELLOWS STREET FROM THE SOUTH RIGHT -OF -WAY OF E. DAYTON STREET TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST /WEST ALLEY SOUTH OF E. DAYTON STREET FOR A DISTANCE OF APPROXIMATELY 120 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN STUDEBAKER'S SECOND ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on October 12, seconded by Council Member Sniadecki. The motion carried. 1 REGULAR MEETING SEPTEMBER 14, 1998 BILL NO. 77 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: SIX ALLEYS AND THREE STREETS IN HOMELAND 3RD ADDITION AND RICHLAND 2ND ADDITION (PT. VACATED) This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on October 12, seconded by Council Member Broden. The motion carried. BILL NO. 78 -98 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 127 AND 129 FRANKLIN PLACE AND 407 AND 409 WEST JEFFERSON BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Kelly made a motion to refer this bill to the Historic Preservation Commission, seconded by Council Member Sniadecki. The motion carried. BILL NO. 79 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 27TH STREET FROM THE SOUTH RIGHT -OF -WAY OF E. MC KINLEY AVENUE TO THE NORTH RIGHT -OF -WAY OF E. COLFAX AVENUE FOR A DISTANCE OF APPROXIMATELY 700 FEET AND A WIDTH OF 60 FEET. LOCATED IN WALNUT GROVE MUTUAL HOUSING CORPORATION This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on October 12, seconded by Council Member Broden. The motion carried. BILL NO. 80 -98 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT S -W CORNER OF LINDEN AND SHERIDAN IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Pfeifer made a motion to refer this bill to Area Plan, seconded by Council Member Sniadecki. The motion carried. BILL NO. 81 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 232 LAPORTE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Broden made a motion to refer this bill to Area Plan, seconded by Council Member Pfeifer. The motion carried. BILL NO. 82 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST E/W ALLEY SOUTH OF E. BISSELL STREET FROM THE DEAD END OF THIS ALLEY AT LOT 23, NORTH SUNNYSIDE 2ND ADDITION, CITY OF SOUTH BEND TO THE WEST PROPERTY LINE OF LOTS 80 AND 75, PARK PLACE 2ND PLAT, CITY OF SOUTH BEND FOR A DISTANCE OF 133.2 FEET AND A WIDTH OF 12 FEET This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on October 12, seconded by Council Member Sniadecki. The motion carried. UNFINISHED BUSINESS Council Member Varner made a motion to reschedule Bill No. 58 -98, regarding tattoo parlors, to October 12, 1998, and refer it back to the Personnel and Finance and Health and Public Safety committees, seconded by Council Member Sniadecki. The motion carried. REGULAR MEETING SEPTEMBER 14, 1998 There being no further business to come before the Council unfinished or new, Council President Coleman adjourned the meeting at 7:58 p.m. ATTEST: ATTEST: y %Ck President 1