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HomeMy WebLinkAbout03-11-96 Council Meeting MinutesREGULAR MEETING MARCH 11, 1996 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, March 11, 1996, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Pfeifer, Kelly, Broden, Varner, Zakrzewski, Coleman Hosinski and Washington 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 26, and March 6, meetings of the Council and found them correct. Therefore, we recommend the same be approved. Is/ Roland Kelly Is/ David Varner Council Member Coleman made a motion that the minutes of the February 26, and March 6, 1996, meetings be accepted and placed on file, seconded by Council Member Washington. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2347 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE RILEY HIGH SCHOOL HOCKEY TEAM FOR WINNING THE 1996 STATE CHAMPIONSHIP FOR THE STATE OF INDIANA WHEREAS, the Common Council of the City of South Bend, Indiana, proudly recognizes that the Hockey Team of Riley High School won its first State Hockey Championship on Sunday, March 3, 1996; and WHEREAS, the Never - Say -Die Riley Wildcats fought back from a 3 -goal first - period deficit to beat Ft. Wayne Northrop by a 5 to 4 final score in the finals of the Class AA State Hockey Championship at the Carmel Stadium; and WHEREAS, the South Bend Common Council would like to CONGRATULATE all of the Riley High School Wildcat Hockey Team players and coaches namely: Coach Mike Freid Coach Dan Savinao Tyler Beck David Kapson Ian Sienicki Jim Vyverberg Brian Milovich Ryan Whippo Jason Johnston Brad Milovich Josh Whippo Megan Deats Ryan Lee Nick Vanholsbeke Robert Benes Jamie Radomski Mike Cook Kevin Budak Chris Divine Nick Milovich Steve Stuyf Alan Kelly Oli Nolin Nik Prikosovich Drew Hertel Scott MacDonald Shaun McCuddy Now, Therefore, Be it Ordained by the Common Council of the City of South Bend Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, on behalf of all of the citizens of the City, hereby publicly commend and congratulate the Riley High School Wildcats Hockey Team for winning the Class AA State Hockey Championship SPECIAL MARCH 5x 1996 money be made up to them. Kevin Horton, City Controller, this tax will have no effect on the school corporation. William Hojnacki, 1615 E. Wayne, indicated a community cannot expect help from the State legislature when they will not try and help themselves by passing the option tax. Linda Petill, spoke against the option tax, indicating that if the taxed is passed, she would watch very closely to see how the money is being spent. Jim Philson, 1314 E. Ewing, indicated his children and foster children stood to lose the most if this taxes is passed. Barry Baumbaugh, 12032 Timberline Trace North, spoke against this tax, indicating it was unnecessary. Jim Cierziniak, 1156 E. Victoria; Ralph Johnson, 734 N. Cushing, and Ted Mack of Lakeville, spoke against this tax. All of the Council Members, - except Council Member Varner, spoke in favor of the tax, as well as the benefits it will bring to the County and the City. Council Member Varner spoke against the passage of the option tax resolution. Kathleen Cekanski, Council attorney, indicated the financial information presented to the Council should become a part of the record, and filed with the resolution. Council Member Coleman made a motion to adopt Resolution No. 2345- 96, seconded by Council Member Washington. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Varner. Council Member Luecke made a motion to adopt Resolution No. 2346 -96, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Washington. The motion carried, and the meeting was adjourned at 8:45 p.m. - ST President REGULAR MEETING MARCH 11, 1996 Hockey Team for winning the Class AA State Hockey Championship for 1996. Section II. The South Bend Common Council congratulates all of the individual team members, their coaches, teachers, administrators, fellow students, parents, George McCullough, Principal; and John Berta, Athletic Director for providing quality leadership both on and off the ice. Section III. The South Bend Common Council sincerely and enthusiastically encourages the Riley Wildcats Hockey Team to repeat this endeavor in 19971 Section IV. This Resolution shall be in full force land effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke, 1st District Charlotte Pfeifer, 2nd District District Roland Kelly, 3rd District John Broden, 4th District Loretta Duda, City Clerk David Varner, 5th District Thomas Zakrzewski, 6th Sean Coleman, At Large John Hosinski, At Large Cleo Washington, At Large Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Varner made the presentation for the resolution. He read the resolution and presented it to Coach Mike Freid, who thanked Council and said he was happy they brought the honor back to South Bend. George McCullough, principal of Riley, thanked the Council as well as the parents of the children. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 96 -22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN PORTAGE TOWNSHIP Council Member Luecke made a motion to strike this resolution, at the request of the petitioner, seconded by Council Member Washington. The motion carried. REPORT OF CITY OFFICES Richard Nussbaum, City Attorney, spoke regarding public safety as it relates to the St. Joseph County jail - location, cost, size and process. He indicated the Studebaker Corridor was selected when Sheriff Nagy was in office. The experts strongly advise us to have a jail close to the courts. We were asked to get involved in putting together property for the jail, and we have put together 7 h acres, at a cost of $931,000 to the City, and offered it to the County for $226,000. He indicated that on February 1, the City found out the County wanted to change the design and move the jail to the airport site, and the REGULAR MEETING MARCH 11, 1996 Commissioners were requesting 13 acres for the new jail. He said the City has commissioned a study at a cost of $18,350, to see if we can build a jail of adequate size at the Studebaker Corridor, that would be cost effective. Council Member Coleman made a motion to resolve into the Committee of.the Whole, seconded by Council Member Zakrzewski. 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 7:40 p.m. with nine members present. Chairman Washington presiding. BILL NO. 8 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN PORTAGE TOWNSHIP CONTIGUOUS THEREWITH; KLINK ANNEXATION AREA Council Member Luecke made a motion to strike this bill, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 2 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE TO REVISE REQUIREMENTS AS TO IDENTIFICATION OF ANIMALS, TO REVISE PROVISIONS FOR ANIMAL CONTROL AND PENALTIES FOR VIOLATIONS Council Member. Luecke made a motion to continue public hearing on this bill until March 25, at the request of the petitioner, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 13 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE TO ADD DIVISION 6, SECTION 13 -123 ESTABLISHING FEES FOR PROCESSING HANDGUN TRANSFER APPLICATIONS Council Member Varner made a motion to continue public hearing on this bill until March 25, at the request of the petitioner, seconded by Council Member Luecke. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: 4 Cit C1 MEETING RECONVENED ATTEST: l a Chairman 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 7:47 p.m. Council President Kelly presiding, and nine members present. RESOLUTIONS RESOLUTION NO. 2348 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH 1 1 REGULAR MEETING MARCH 11, 1996 BEND, INDIANA, COMMONLY KNOWN AS 2200 BLOCK OF SOUTH MEADE STREET, 2100 BLOCK OF WEST INDIANA AVENUE, 1600 BLOCK OF SOUTH PHILLIPA STREET, RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR BOB LUAN (d.b.a. 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 1600 Block of South Phillipa Street, 2200 Block of South Meade Street, 2100 Block of West Indiana Avenue, South Bend, Indiana, and which are more particularly described as follows: Address Range 2200 Block S. Meade Street 2100 Block W. Indiana Avenue 1600 Block S. Phillipa Street Legal Description Key Number Lot 259 Homeland Third Addn 18- 8107 -4070 Lot 260 Homeland Third Addn 18 8107 -4069 Lot 261 Homeland Third Addn. 18- 8107 -4069 Lot 262 Homeland Third Addn. 18- 8107 -4067 Lot 100 Replat of Highland Park 18- 8087 -3357 Lot 101 Replat of Highland Park 18- 8087 =3356 Lot 77 south Bend Industrial Add. 18- 8095 -3630 Lot 78 south Bend Industrial Addn. 18- 8095 -3629 Lots, 80,81,82&84 S.Bend Addn. 18- 8093 -3579 as Residentially Distressed Areas; 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 completed by the Petitioner 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 IC 36 -7 -9; or ii. evidencing significant building deficiencies. C. The areas have 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 REGULAR MEETING MARCH 11 1996 the areas are owned by Indiana or the United States. D. The areas (plus any 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 H. 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. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the swelling is rehabilitated to meet local Code standards for habitability. B. The deduction will not be allowed unless the swelling rehabilitation is completed within two (2)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 areas described herein.as Residentially Distressed Areas for the purpose 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 V. The Common Council hereby determines that the property owners 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time Mary Booth, 817 Donmoyer, made the presentation for the resolution. She indicated they appreciated the Council's support by granting this abatement. She indicated they anticipate starting construction in another week or so. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 14 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND ALSO BEING A PART OF LOT 8 AS SHOWN ON THE RECORDED PLAT OF SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL IN BOOK 1, PAGE 53 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF NOTRE DAME AVENUE AND THE SOUTH RIGHT OF WAY LINE OF THE FIRST EAST /WEST ALLEY SOUTH OF SOUTH BEND AVENUE; THENCE EAST ALONG SAID SOUTH REGULAR MEETING MARCH 11, 1996 LINE OF THE EAST /WEST ALLEY TO A POINT 20 FEET WEST OF THE INTERSECTION OF SAID SOUTH LINE OF THE EAST /WEST ALLEY AND THE WEST LINE OF THE FIRST NORTH /SOUTH ALLEY EAST OF NOTRE DAME AVENUE; THENCE NORTH TO THE NORTH LINE OF SAID EAST /WEST ALLEY; THENCE WEST ALONG SAID NORTH LINE OF THE EAST /WEST ALLEY TO THE EAST RIGHT OF WAY LINE OF NOTRE DAME AVENUE; THENCE SOUTH TO THE PLACE OF BEGINNING. THE EAST /WEST ALLEY DESCRIBED WAS CREATED BY THE BOARD OF PUBLIC WORKS CONDEMNATION RESOLUTION NUMBER 13 DATED MAY 6, 1904 This bill had first reading. Council Member Varner made a motion to set this bill for public hearing and third reading on March 25, and refer it to the Public Works and Property Vacation Committee, seconded by Council Member Coleman. The motion carried.. BILL NO. 15 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2334 PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO.-16-96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 332 NORTH IRONWOOD DRIVE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 17 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1708 HIGH STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Coleman announced that the community and Economic Development Committee will be consider changes to the City's residential tax abatement policy. He indicated they will be meeting as a sub - committee to consider changes to our current Policy, and hope to have something for the Council in the next six to eight weeks. PRIVILEGE OF THE FLOOR Pete Meyers, 1744 Portage, spoke Department, and an incident with place at a party he attended. regarding distrust of the Police the police the supposedly took Jim Cierziniak, 1156 E. Victoria, spoke regarding the National Football Foundation. There being no further business to come before the Council unfinished or new, Council President Kelly adjourned the meeting at 8:00 p.m. ATTEST: ATTEST: �Ity lerk President