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HomeMy WebLinkAbout12-09-96 Council Meeting MinutesREGULAR MEETING DECEMBER 9,1996 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, December 9, 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 Pfeifer, Varner, Zakrzewski, Coleman, Hosinski Absent: Council Members Luecke Broden, and Kelly 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 October 28 and November 25, meeting of the Council and found them correct. Therefore, we recommend the same be approved. Ls/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the October 28 and November 25, 1996, meetings be accepted and placed on file, seconded by Council Member Hosinski. The motion carried. SPECIAL BUSINESS Council Member Coleman announced that the Community and Economic Development Committee will meet on Monday December 16, at 4:00 p.m., to interview prospective citizens for the Council appointment to the Redevelopment Commission. He indicated they will continue to accept applications from interested parties between now and time scheduled for that meeting. Council Member Hosinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. 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 7:06 p.m. with five members present. Chairman pro tem Coleman presiding. BILL NO. 61 -96 A BILL TO VACATE THE FOLLtiWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS DESCRIBED AS PRIORY LANE; FROM THE NORTH RIGHT -OF -WAY LINE OF TOPSWOOD LANE TO DEAD END FOR A DISTANCE OF APPROXIMATELY 155 FEET IN LENGTH AND A WIDTH OF 50 FEET. PART SITUATED IN TOPSFIELD II, PART I 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 Varner reported that the Public Works and Property Vacation Committee had met on this bill and had no recommendation since there was no quorum present. Michael Trippel, attorney, made the presentation for the bill. He indicated this bill had previously had public hearing and was continued indefinitely at the request of the petitioner. He indicated the petitioners wanted to continue with the vacation at this time. Council Member Varner asked Mr. Trippel if he had contacted the church that opposed this vacation and he indicated he had contacted some one from the church and they were aware of the proposed vacation. Council Member Zakrzewski made a motion to recommend this bill to the Council Member Hosinski. Coun since the church has not inter would go along with this vacat carried. BILL NO. 101 -96 A BILL TO PROPERTY: OF INGLEWO WAY OF ROO OF -WAY LIN OF ROOSEVE APPROXIMAT FEET. ALS THE POINT LOCATED IN BEND, INDI This being the time heretofore above bill, proponents and opp be heard. Council Member Varn and Property Vacation Committe recommended it to the Council Roosevelt, made the presentati reason for this vacation is fo neighborhood children. A peti protesting the closing of the Cheryl Caldwell, 1102 Roosevel open in case someone parked in She indicated she was disabled front of her home. Brenda Cul opposition. She indicated the Eleanor Grey, 1005 Roosevelt, Member Varner made a motion to unfavorable, seconded by Counc carried. BILL NO. 96 -96 A BILL APP THE ECONOM SPECIAL IM ACTIVITIES JANUARY 1, This being the time heretofore above bill proponents and oppo be heard. Council Member Cole: Economic Development Committee recommended it to the Council Development, made the presenta this bill will appropriate mon for planning activities in the Member Zakrzewski made a motio Council favorable, seconded by carried. ouncil favorable, seconded by it Member Varner indicated that st in opposing this vacation he on recommendation. The motion ACATE THE FOLLOWING DESCRIBED THE FIRST NORTH -SOUTH ALLEY EAST D PLACE FROM THE SOUTH RIGHT -OF- EVELT STREET TO THE NORTH RIGHT - OF THE 1ST EAST -WEST ALLEY SOUTH T STREET FOR A DISTANCE OF LY 123 FEET AND A WIDTH OF 14 INCLUDING THE 5 FOOT ANGLES AT F THE ALLEY INTERSECTION. PART HOLMAN'S SUB, IN THE CITY OF SOUTH set for public hearing on the nents were given an opportunity to r reported that the Public Works had met on this bill and avorable. Jeff Freymouth, 1037 n for the bill. He indicated the safety of his children and the ion signed by fifteen people lley was presented to the Council. , indicated she needed this alley her space in front of the home. and needed to be able to park in 1102 Roosevelt, spoke in did not receive a notice. poke in opposition. Council recommend this bill to the Council 1 Member Pfeifer. The motion DPRIATING $56,000 RECEIVED FROM C DEVELOPMENT ADMINISTRATION FOR ACT GEOGRAPHIC AREA PLANNING FOR THE PROGRAM YEAR BEGINNING 1997 set for public hearing on the ents were given an opportunity to an reported that the Community and had met on this bill and avorable. Beth Leonard, Economic ion for the bill. She indicated es to be used to pay staff costs Special Impact Area. Council to recommend this bill to the 2ouncil Member Varner. The motion BILE, NO. 97 -96 A BILL APPROPRIATING $96,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM This being the time heretofore above bill proponents and oppon be heard. Council Member Colem Economic Development Committee recommended it to the Council f Development, made the presentat this bill appropriates monies t nonprofit organizations in prov Council Member Pfeifer made a m the Council favorable, seconded motion carried. et for public hearing on the nts were given an opportunity to n reported that the Community and ad met on this bill and vorable. Beth Leonard, Economic on for the bill. She indicated at will assist four local ding services to the homeless. tion to recommend this bill to by Council Member Hosinski. The 1 1 1 BILL NO. 99 -96 A BILLAPPROPRIATING $3,954,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1997, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 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 Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Economic Development, made the presentation for the bill. She indicated this bill appropriates 1997 Community Development Block Grant Funds. She indicated a few changes had been made in the program, i.e., Madison Center rape crisis requested at least $20,000 and we have determined we should allow that in 1997; we designated South Gateway improvements; the Boys and Girls Club. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried. BILL NO. 100 -96 A BILL TRANSFERRING $453,379 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 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 Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Economic Development, made the presentation for the bill. She indicated this bill transfers monies from funds remaining at program end. She indicated this money, together with the block grant, will allocate funds in accordance with the 1997 Housing and Community Development Plan. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion carried. Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTE ATTEST: ", e'6'.r Ci y k Chairman REGU MEE ING 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 7:40 p.m. Council Vice President Zakrzewski presiding, and five members present. ORDINANCE NO. 8737 -96 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS DESCRIBED AS PRIORY LANE; FROM THE NORTH RIGHT -OF -WAY LINE OF TOPSWOOD LANE TO DEAD END FOR A DISTANCE OF APPROXIMATELY 155 FEET IN LENGTH AND A WIDTH OF 50 FEET. PART SITUATED IN TOPSFIELD II, PART I IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call) BILL NO. 101 -96 AN ORDINAN( DESCRIBED l ALLEY EAST RIGHT -OF -WJ RIGHT -OF -W) SOUTH OF R( APPROXIMATI FEET. ALS( THE POINT LOCATED IN BEND, INDII Council Member Coleman made a passed, seconded by Council M ORDINANCE NO. 8738 -96 AN OR RECEI ADMIN THE l 1997 This bill had third reading. 1 motion to pass this bill, seco: The bill passed by a roll call ORDINANCE NO. 8739 -96 AN OR] RECEI' HOUSI] EMERG] This bill had third reading. ( motion to pass this bill, secoi bill passed by a roll call vot( ORDINANCE NO. 8740 -96 AN ORI FROM GRANT THE E) COMMUI THE C] DESIGZ PROGRI TO BE DEPART DEVEL( vote of five ayes. E TO VACATE THE FOLLOWING ROPERTY: THE FIRST NORTH -SOUTH OF INGLEWOOD PLACE FROM THE SOUTH Y OF ROOSEVELT STREET TO THE NORTH Y LINE OF THE 1ST EAST -WEST ALLEY OSEVELT STREET FOR A DISTANCE OF LY 123 FEET AND A WIDTH OF 14 INCLUDING THE 5 FOOT ANGLES AT F THE ALLEY INTERSECTION. PART HOLMAN'S SUB, IN THE CITY OF SOUTH ion that this bill not be r Hosinski. The motion carried. INANCE APPROPRIATING $56,000 ED FROM THE ECONOMIIC DEVELOPMENT STRATION FOR SPECIAL IMPACT PHIC AREA PLANNING ACTIVITIES FOR OGRAM YEAR BEGINNING JANUARY 1, ouncil Member Coleman made a ded by Council Member Pfeifer. .vote of five ayes. INANCE APPROPRIATING $96,000.00 �ED FROM THE U.S. DEPARTMENT OF .G AND URBAN DEVELOPMENT'S •NCY SHELTER GRANTS PROGRAM ouncil Member Pfeifer made a ded by Council Member Varner. The of five ayes. INANCE APPROPRIATING $3,954,000 HE COMMUNITY DEVELOPMENT BLOCK FUND FOR THE PURPOSE OF DEFRAYING PENSES OF THE DEPARTMENT OF ITY AND ECONOMIC DEVELOPMENT OF TY OF SOUTH BEND, INDIANA, AND ATED SUBGRANTEE AGENCIES FOR THE YEAR BEGINNING JANUARY 1, 1997, ADMINISTERED THROUGH THE .MENT OF COMMUNITY AND ECONOMIC PMENT This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Pfeifer. The bill passed by a roll call vote of five ayes. ORDINANCE NO. 8741 -96 AN ORDINANCE TRANSFERRING $453,379 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. motion to pass this bill, seco The bill passed by a roll call RESOLUTIONS RESOLUTION NO. 2427 -96 A RES A DEC CERTA BEND, SOUTH REVIT THREE POOLS it Member Coleman made a by Council Member Pfeifer. of five ayes. LUTION CONFIRMING THE ADOPTION OF ARATORY RESOLUTION DESIGNATING N AREAS WITHIN THE CITY OF SOUTH INDIANA, COMMONLY KNOWN AS 1919 MICHIGAN STREET, TO BE AN ECONOMIC LIZATION AREA FOR PURPOSES OF A (3) YEAR REAL PROPERTY TAX ENT FOR APS, INC., DBA SERGIO'S AND SPAS fl F_j 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 1919 S. Michigan, South Bend IN, and which is particularly described as follows: Key No. 18- 8010 - 045501 18- 8010 -0456 18- 8010 -0461 18- 8010 -0462 18- 8010 -0463 Legal Description S h LOT 3 & N � VAC ALLEY & WITWER ADDITION 1 /2VAC ALLEY BET LOTS 3& 4 STOVER & WITWER ADDITION 30 FT N SIDE LOT 5 STOVER 30 FT. S SIDE LOT 5 10 FT STOVER 7 WITWER ADD. LOT 6 EX 10 FT. N SIDE STOVER & WITWER ADD. STOVER ALL LOT 4 & WITWER ADD. N SIDE LOT 6 with said real estate having the following Key No. (see above) 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 property owner is qualified for deduction for a period of three that the petition complies with Municipal Code of the City of S, 12.1 et sea. hereby determines that the and is granted Real property tax (3) years, and further determines Chapter 2, Article 6, of the Duth 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 /ROLAND KELLY Member of the Common Council A public hearing was held on the resolution at this time. Joseph Sergio, petitioner, made the presentation for the resolution. He indicated they plan to construct a two story warehouse /office building addition, which will allow them to expand their warehouse space, renovate the showroom and add additional parking, at an estimated cost of $100,000. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of five ayes. RESOLUTION NO. 2428 -96 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, LAFAYI REVIT) FIVE Whereas, the Common Council of has adopted a Declaratory Reso within the City as Economic Re of tax abatement consideration Whereas, a Declaratory Resol known as 1137 s. Lafayette, described as follows: Beginning at the SW corner of Thence N along the E right-of- 336.06 feet + or -to a point; s the S h of Lot 64, South Bend northern boundary of said h of right -of -way of Lafayette Blvd + or - to the SE corner of Lot W a distance of 125 feet to a thence W 40 feet to a point of City of south Bend, County of with said real estate having t 18 8002 0115, 18 8006 0282, 18 028501, 18 8002 0116 as an Eco Whereas, notice of the adoptio the public hearing before the to Indiana Code 6 -1.1- 12.1 -25; Whereas, the Council held a pu hearing all remonstrances and and Whereas, the Council has deter . an economic revitalization are INDIANA, COMMONLY KNOWN AS 1137 S. TTE BLVD., TO BE AN ECONOMIC LIZATION AREA FOR PURPOSES OF A 5) YEAR PERSONAL PROPERTY TAX ENT FOR EXACTO, INC. OF SOUTH BEND the City of South Bend, Indiana, ution designating certain areas italization Areas for the purpose and on designated the area commonly which is more particularly of 7 Stull's Second Edition; ay of an alley a distance of id point being the NW corner of ity Edition; Thence E along the Lot 64 which is on the western ; Thence, S a distance of 275 feet 6, Stull's Second Edition; thence oint; thence S 66 feet to a point; beginning. All being within he t. Joseph, State of Indiana. e following Key Nos.18 8006 0288, 8006 028201, 18 8006 0285, 18 8006 omic Revitalization Area, and of a Declaratory Resolution and ouncil has been published pursuant and is hearing for the purpose of jections from interested persons; ned that the qualifications for have been met. NOW, THEREFORE, BE IT RESOLVEDIby the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council Resolution designating the are Revitalization Area for the pu designation is for Personal pr limited to two (2) calendar ye the Declaratory Resolution by SECTION II. The Common Counci property owner is qualified fo tax deduction for a period of determines that the petition c of the Municipal Code of the C 6 -1.1 -12.1 et seq. hereby confirms its Declaratory described herein as an Economic poses of tax abatement. Such perty tax abatement only and is rs from the date of adoption of he Common Council. hereby determines that the and is granted Personal property IVE (5) years, and further mplies with Chapter 2, Article 6, ty of South Bend and Indiana Code SECTION III. This Resolution Ohall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. A public hearing was held on t Gunther Jordan, the petitioner resolution. He indicated Exac anniversary in the Studebaker to purchase new machinery that competitive in their field. H machinery would be $863,000. motion to adopt this resolutio of the Common Council e resolution at this time. made the presentation for the o was celebrating their 25th orridor. He indicated they intend will allow them to remain estimated the cost of the ouncil Member Coleman made a , seconded by Council Member 1 1 1 Hosinski. The resolution was adopted by a roll call vote of five ayes RESOLUTION NO. 96 -114 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 214 W. JEFFERSON BLVD., SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR PHOENIX PROPERTIES Council Member Coleman indicated this bill had been continued by the Redevelopment Commission. He made a motion to continue this bill indefinitely, seconded by Council Member Varner. The motion carried. BILLS, FIRST READING BILL NO. 104 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT NORTHWEST CORNER OF WESTERN AND TAYLOR STREETS, 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 Hosinski. The motion carried. BILL NO. 105 -96 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1996 This bill had third reading. Council Member Pfeiffer made a mot? _an to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of five ayes. BILL NO. 106 -96 A BILL INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1996 This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of five ayes. UNFINISHED BUSINESS Council Member Coleman made a motion to refer Bill No. 64 -96 to the Zoning and Annexation Committee and set it for public hearing and third reading on December 23, 1996, seconded by Council Member Hosinski. The motion carried. There being no further business unfinished or new, Council Vice the meeting at 8:00 p.m. ATTEST: City dlerk to come before the Council President Zakrzewski adjourned ATTEST: President