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HomeMy WebLinkAbout02-24-97 Council Meeting MinutesREGULAR MEETING FEBRUARY 24, 1997 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 24, 1997, 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 February 10, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the February 10, 1997, meeting be accepted and placed on file, seconded by Council Member Hosinski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2439 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF MARCH AS DISABILITY AWARENESS MONTH IN SOUTH BEND, INDIANA Whereas, the South Bend Common Council acknowledges that the Americans with Disabilities Act was signed into law by former President George Bush at a White House ceremony on July 26, 1990; and Whereas, the federal law establishes civil rights protections and specifically provides for . a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;" and Whereas, the federal law has fostered awareness in four (4) major areas, namely: Employment under Title I, Public Services and Transportation under Title II, Public Accommodations under Title III, and Telecommunications under Title IV; and Whereas, in announcing new federal ADA initiatives which were made available on a new World Wide Web site, attorney General Janet Reno noted that "Like the Olympics, the ADA has been bringing out the best America has to offer. It is a common sense law that is making it possible for the 49 million Americans with disabilities to get off the sidelines and into the mainstream of society "; and Whereas, in addition to the ADA, state and local disability discrimination laws have been enacted which cover public and private facilities with recipients of federal assistance showing compliance with all governing laws of this nature; and Whereas, some examples of positive inroads which have been made throughout the country and locally include hearing impaired individuals now routinely serving on juries; schools, day care centers, museums, stadiums, libraries, restaurants, restrooms, sidewalks and telephones being more accessible and accommodating; REGULAR MEETING FEBRUARY 24, 1997 an information director on health, medical and disabilities on the World Wide Web and the Internet; and a heightened awareness that much more must be done by all of us. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly declares the month of March 1997 as "DISABILITY AWARENESS MONTH" in South Bend, Indiana. Section II. The Common Council notes that there have been many advancements which have been made locally, and wishes to acknowledge that many local public and private agencies are committing their personnel and their resources to the goals established by the Americans with Disabilities Act. Section III. The Common Council wishes to highlight the initiatives and programs of STARR, a student group at Indiana University at South Bend, which has committed itself to activities for students with disabilities, as a fine example of positive action taken place in our community. Section IV. The Common Council encourages all residents of the City of South Bend, Indiana, to become involved in out -reach programs throughout our community so that persons with disabilities will have more opportunities to participate in the life activities, which so many of us take for granted. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Charlotte Pfeifer Member of the Common Council ATTEST: /s /Loretta Duda Isl Stephen J. Luecke City Clerk Mayor A public hearing was held on the resolution at this time. Council Member Pfeifer read the resolution. She introduced Mark Dosch, disability coordinator at I.U.S.B., and Rohnee Patrick, president of STARR who both thanked the Council for the resolution. Council Member Hosinski made a motion to adopt the resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. CITY REPORTS Jim Markle, Building Department, gave a report on design and planning reviews. He indicated that the Airport 2010 project, Central downtown, Studebaker corridor are the designated areas. He indicated that Economic Development has amended the plan to add the Sample /Ewing area, however, so far the criteria has not been established for his area. He reported that the purpose of the design review is to protect public investments and encourage private investment. Council Member Coleman rise and report to the Council, seconded by Council Member Hosinski. 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 7:20 p.m. with nine members present. Chairman Coleman presiding. BILL NO. 10 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED REGULAR MEETING FEBRUARY 24, 1997 PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS FOLLOWS: THE FIRST EAST -WEST ALLEY SOUTH OF EDWARD STREET FROM THE WEST RIGHT -OF -WAY OF KEMBLE STREET TO THE EAST RIGHT -OF -WAY LINE TO THE SECOND NORTH -SOUTH ALLEY WEST OF KEMBLE STREET FOR A DISTANCE OF APPROXIMATELY 132 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN BYERLEY'S ADDITION, CITY OF SOUTH BEND. ALSO, THE FIRST NORTH - SOUTH ALLEY WEST OF KEMBLE STREET FROM THE SOUTH RIGHT -OF -WAY OF EDWARD STREET SOUTH TO THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF EDWARD STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 8 FEET. PART LOCATED IN BYERLEY'S ADDITION, CITY OF SOUTH BEND, 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 Varner reported that the Public Works and Property Vacation Committee met on this bill and recommended it to the Council favorable. Joe Duke, 1521 Kemble, made the presentation for the bill. He indicated these alleys were being used to reach an illegal operation in their neighborhood. He reported they wanted to close the alleys to eliminate the excessive automobile traffic that speeds down the alley, which creates a hazard for residents. Council Member Varner made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion carried. Council Member Varner made a motion to rise and report to the Council, seconded by Council Member Broden. The motion carried. A ATTEST: ity 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 7:25 p.m. Council President Kelly presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8762 -97 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS FOLLOWS: THE FIRST EAST -WEST ALLEY SOUTH OF EDWARD STREET FROM THE WEST RIGHT -OF -WAY OF KEMBLE STREET TO THE EAST RIGHT -OF -WAY LINE TO THE SECOND NORTH -SOUTH ALLEY WEST OF KEMBLE STREET FOR A DISTANCE OF APPROXIMATELY 132 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN BYERLEY'S ADDITION, CITY OF SOUTH BEND. ALSO, THE FIRST NORTH -SOUTH ALLEY WEST OF KEMBLE STREET FROM THE SOUTH RIGHT -OF -WAY OF EDWARD STREET SOUTH TO THE NORTH RIGHT- OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF EDWARD STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 8 FEET. PART LOCATED IN BYERLEY'S ADDITION, CITY OF SOUTH BEND, This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Broden. The REGULAR MEETING FEBRUARY 24, 1997 bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2440 -97 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 3520 WESTMOOR STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ALLIED SIGNAL, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3520 Westmoor Street, South Bend, Indiana, and which is more particularly described as follows: NESE 4 37 2E TRACT 2, CONT 39.32 AC and this property has Key Numbers 18 2195 7255, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et secs., and South Bend Municipal Code Section 2 -76 et seq.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et sea., and South Bend Municipal Code Sections 2- 76 et seg. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably C 1 I� REGULAR MEETING FEBRUARY 24, 1997 expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1 -12.1- 4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Ls/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Broden reported that the Community and Economic Development Committee had met on this resolution and recommended it to the Council favorable. Edward Certisimo, representative of Alliedsignal, made the presentation for the resolution. He indicated they plan to purchase and refurbishing manufacturing equipment at a cost of over 27 million dollars. He indicated this project resulted from the growth of the commercial airline industry. Council Member Varner made a motion to adopt this resolution, seconded by Council Member Pfeifer. The motion carried on a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 13 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH MAPLE STREET FROM THE SOUTH RIGHT -OF -WAY OF WEST WASHINGTON STREET TO THE NORTH ALLEY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF WEST WASHINGTON STREET FOR A DISTANCE OF APPROXIMATELY 144.5 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART LOCATED IN EVAN'S SUB OF B.O.L. 88 AND BAKERS SUB OF B.O.L. 87, 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 March 10, seconded by Council Member Pfeifer. The motion carried. BILL NO. 14 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $500,000 FROM THE REGULAR MEETING FEBRUARY 24, 1997 CITY OF SOUTH BEND GENERAL FUND TO THE COLLEGE FOOTBALL HALL OF FAME OPERATING FUND This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on March 10, seconded by Council Member Ujdak. The motion carried. BILL NO. 15 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $15,000.00 FROM INDIANA RIVER RESCUE FUND (FUND #291) FOR THE PURCHASE OF EQUIPMENT This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Public Safety Committee and set it for public hearing and third reading on March 10, seconded by Council Member Aranowski. The motion carried. BILL NO. 16 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF EAST MONROE STREET FROM THE WEST RIGHT -OF -WAY LINE OF SOUTH SAINT JOSEPH STREET TO THE EAST LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH SAINT JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN THE TAYLOR FIELD ADDITION IN THE CITY OF SOUTH BEND, SAINT 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 March 10, seconded by Council Member Aranowski. The motion carried. UNFINISHED BUSINESS .Council Member Coleman made a motion to refer Bill Nos. 11, 2 and 5 -97 to the Zoning and Annexation Committee and set them for public hearing and third reading on March 10, seconded by Council Member Varner. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke about the financial loss at the College Football Hall of Fame. There being no further business to come before the Council unfinished or new, Council President Kelly adjourned the meeting at 7:35 p.m. ATTEST: r y C1 ATTEST: President 1 1 1