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HomeMy WebLinkAbout09-22-97 Council Meeting MinutesREGULAR MEETING SEPTEMBER 22,1997 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, September 22, 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, Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: Broden 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 September 8, meetings of the Council and found them correct. Therefore, we recommend the same be approved. Is/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the September 8, 1997, meeting be accepted and placed on file, seconded by Council Member Hosinski. The motion carried. REPORTS OF CITY OFFICES Bert Prawat, Chief of Fire Prevention, indicated this was the beginning of Fire Prevention Week, which gives us the opportunity to remind people of the dangers of fire. We reported that the majority of people who die in fires die in home fires and they die from toxic gasses. Council Member Coleman 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 7:09 p.m. with nine members present. Chairman Coleman presiding. BILL NO. 71 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS KING STREET FROM THE EAST RIGHT -OF -WAY OF MEDORA STREET EAST TO THE WEST LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF MEDORA STREET FOR A DISTANCE OF APPROXIMATELY 116.43 FEET AND A WIDTH OF 60 FEET. PART LOCATED IN AUST,.IN PARK ADDITION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, INDIANA Council Member Varner made a motion to continue this bill indefinitely, at the request of the petitioner, seconded by Council Member Aranowski. The motion carried. BILL NO. 88 -97 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, 1998 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 Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the REGULAR MEETING SEPTEMBER 22, 1997 Council favorable. Cathy Roemer; City Controller, made the presentation for the bill. She reported this puts a cap on the property tax rate for 1997. She indicated that after the budget has been sent to the State Board of Tax Commissioners and we receive the certified assessed value we will be able to establish the final rate, however, the final rate should be lower than the amount in this bill. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. (See unfinished business.) BILL NO. 89 -97 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, 1998, AND ENDING DECEMBER 31, 1998, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 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 Coleman 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 thanked the Council for their review of the budgets. He reported that the department heads have done an excellent job and there is very little increase. He indicated he was pleased to present the budgets for the enterprise funds, with the exception of the Hall of Fame. Council Member Kelly made a motion to continue this bill in the Council portion, until on September 29, at 4:30 p.m., seconded by Council Member Sniadecki. The motion carried. BILL NO. 90 -97 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, 1998, AND ENDING DECEMBER 31, 1998, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 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 Coleman 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 thanked the Council for their hard work on this budget. He reported that the City is taking on the funding cost for ten additional police officers; adding four fire fighters, as well as taking on ambulance service in the County. He advised that eighty percent of the budget is for public safety. He added that they planned to do a few things next year that will aesthetically improve the City, such as add a tree trimming crew to trim trees in the tree lawn area; there will be more paving dollars; and we will be proving additional dollars for not for profit agencies. Cathy Roemer, City Controller, showed a pie chart of general fund expenditures. She reported that out of a budget of $107,000,000 only $43,000,000 is in the general expenses the rest is for public safety. Council Member Kelly made a motion to continue this bill in the Council portion until September 29, seconded by Council Member Pfeifer. The motion carried. BILL NO. 91 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 1998 Council Member Hosinski made a motion to continue this bill until October 27, seconded by Council Member Pfeifer. The motion REGULAR MEETING SEPTEMBER 22, 1997 carried. BILL NO. 92 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 8623 -95 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ADDRESSING SALARIES OF EMPLOYEES OF THE 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 Hosinski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Sniadecki. The motion carried. Cathy Roemer, City Controller, made the presentation for the bill. She advised that this bill adds four new positions to the salary ordinance, and increases the salary for an employee who has taken on additional responsibilities. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Aranowski. The motion carried. Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Sniadecki. The motion carried. 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 7:09 p.m. Council President Kelly presiding, and eight members present. ATTEST: it Cle c BILLS, THIRD READING ATTEST: Chairman ORDINANCE NO. 8825 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 8623 -95 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ADDRESSING SALARIES OF EMPLOYEES OF THE CITY OF SOUTH BEND This bill had third reading. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Hosinski. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Aranowski. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2510 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3615 W. VOORDE DRIVE, SOUTH BEND, IN., TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CAPITOL TECHNOLOGIES, 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 REGULAR MEETING SEPTEMBER 22, 1997 Whereas, a Declaratory Resolution designated the area commonly known as 3615 W. Voorde Dr., South Bend, Indiana, and which is more particularly described as follows:, Parcel of land beginning 814' South and 727.2' east center section 33 -38 -2e and cont. 5.76 AC +- with said real estate having the following Key No.18- 02184693816, 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Robert Kastens treasurer of Capital Technologies, Inc., made the presentation for the resolution. He reported they were purchasing special automated industrial machinery and dies, which will enable them to continue their recognition as a world class machine and tool builder. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2511 -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 1118 AND 1122 BISSELL STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR NEIGHBORHOOD HOUSING SERVICES 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 1118 AND 1122 Bissell, South Bend, Indiana, and which is more particularly described as follows: REGULAR MEETING SEPTEMBER 22, 1997 A description of the affected area is available and can be inspected in the Office of the St. Joseph County Assessor. and this property has Key Number 18 5084 2982 and 18 5084 2983, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et sea.; 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 sear and South Bend Municipal Code Sections 2- 76 etet� 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 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 REGULAR MEETING SEPTEMBER 22, 1997 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. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Sniadecki reported that the Community and Economic Development Committee had met on this resolution and recommended it to the Council favorable. Anne Bockenkamp, executive director of Neighborhood Housing Services, made the presentation for the bill. She reported that these homes will help encourage additional single family dwellings in this area. She advised this was part of a large revitalization effort. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2512 -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 804 AND 808 WEST LA SALLE AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION FOR THE BENEFIT OF: ZELLIA AND JOHNNY CROOK AND LUPING AND ERIC MC GINNES 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 804 and 808 W. LaSalle, South Bend, Indiana, and which is more particularly described as follows: A description of the affected area is available and can be inspected in the Office of the St. Joseph County Assessor. and this property has Key Number 18 1026 1124 and 18 1026 1123, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., 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 sea. 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: I 1 C REGULAR MEETING SEPTEMBER 22, 1997 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 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. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Sniadecki reported that the Community and Economic Development Committee had met on this resolution and recommended it to the Council favorable. Dea Andrews, South Bend Heritage, indicated these homes are part of a parcel of four homes we are going to build on LaSalle. She indicated the houses have already been built, as they were built during the time when there was another ordinance regarding residential tax abatement. She asked that these homes receive abatement, as they were built on the belief that tax abatement was part of the package. Council Member Coleman made a motion to waive the deadline requirement REGULAR MEETING SEPTEMBER 22, 1997 for filing of the Statement of Benefits for eligibility to make one eligible for the benefit of tax abatement as it pertains to the property in question within this resolution, seconded by Council Member Varner. The motion carried. 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 eight ayes. BILLS, FIRST READING BILL NO. 93 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF DEMAUDE AVENUE FROM THE EAST RIGHT -OF -WAY OF PORTAGE AVENUE TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF PORTAGE AVENUE FOR A DISTANCE OF APPROXIMATELY 132 FEET IN LENGTH AND WIDTH OF 14 FEET. PART LOCATED IN SHETTERLEY PLACE 3RD PLAT, 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 13, seconded by Council Member Coleman. The motion carried. BILL NO. 94 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CERTAIN MONETARY FRINGE BENEFITS FOR FIREFIGHTERS OF THE CITY OF SOUTH BEND DURING THE CALENDAR YEARS OF 1998, 1999 AND 2000 This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Personnel and Finance and Public Safety committees, seconded by council Member Aranowski. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to refer Bill nos. 85 and 86 -97 to the Zoning and Annexation Committee and set them for public hearing on October 13, seconded by Council Member Varner. The motion carried. Council Member Hosinski withdrew his motion on Bill No.88 -97 to recommend to the Council favorable. Council Member Coleman then made a motion to continue Bill No. 88 -97 in the Council portion until September 29, seconded by Council Member Hosinski. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Kelly adjourned the meeting at 7:55 p.m. ATTEST: ATTEST: ity C1 r President 1 1 1