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HomeMy WebLinkAbout01-23-95 Council Meeting Minutes2 `98 REGULAR MEETING 1995 F3 TUNT -1,i4 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, January 23, 1995, 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, Washington, Kelly, Slavinskas, Puzzello, Zakrzewski, Coleman, Duda, and Ladewski 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 January 2, and 9, 1995 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Lee Slavinskas /s/ Eugene Ladewski Council Member Coleman made a motion that the minutes of the January 2 and January 9, 1995, meetings be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Mayor Kernan gave his State of the City Address. Council Member Kelly 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 on at 8:24 p.m., with nine members present. Chairman Washington presiding. BILL NO. 107 -948 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 712 NORTH NILES AVENUE, THE SOUTH HALF OF VACATED HAGERTY STREET BETWEEN NILES AVENUE AND THE ST. JOSEPH RIVER AND LOTS 4,5,6,7,8 & 9 AS SHOWN ON THE RECORDED PLAT OF ALEXIS COQUILLARD'S FIRST ADDITION TO THE CITY OF SOUTH BEND, INDIANA, TOGETHER WITH ALL VACATED ALLEYS AND STREETS ADJACENT THERETO 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 Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, senior planner for Area Plan, indicated that the petitioners were requesting a zoning change to allow for the construction of an outpatient facility. He indicated the Area Plan Commission had recommended this zoning to the Council favorable. Council Member Puzzello indicated Madison Center had asked her to make a presentation for this rezoning. She indicated they were requesting this zoning change to allow them to build a facility for children and adolescent which will allow them to be separate them adult patients. Bruce Bancroft, attorney, indicated he represented Madison Center. He indicated they planned to start construction in April of 1995 and it will be completed in July 1996. He indicated it will be a three story facility, which will be 71,000 square feet. Dave Kohler, 601 N. Hill, spoke in favor of this zoning. He questioned the walkway easement. Mr. Bancroft indicated the City is planning to construct a walkway along the river, and the property will be given to the City. Council Member Duda made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 115 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ONE HUNDRED SEVENTY THOUSAND DOLLARS ($170,000) FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. James Riggs, Economic Development specialist, made the presentation for the bill. He indicated this bill will make certain appropriations from a fifty -fifty matching State grant for expenses related to the construction of William Richardson Court. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. 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: ATTEST: City Clerk Chairman REGULAR MEETING JANUARY 23, 1995 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 8:24 p.m. Council President Ladewski presiding, and nine members present. BILLS. THIRD READING ORDINANCE NO. 8574 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 712 NORTH NILES AVENUE, THE SOUTH HALF OF VACATED HAGERTY STREET BETWEEN NILES AVENUE AND THE ST. JOSEPH RIVER AND LOTS 4,5,6,7,8 & 9 AS SHOWN ON THE RECORDED PLAT OF ALEXIS COQUILLARD'S FIRST ADDITION TO THE CITY OF SOUTH BEND, INDIANA, TOGETHER WITH ALL VACATED ALLEYS AND STREETS ADJACENT THERETO This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8575 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ONE HUNDRED SEVENTY THOUSAND DOLLARS ($170,000) FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2215 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2422 VIRIDIAN DR. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR JOHN R. & LAI -LO GOULD 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 2422 Viridian Dr., South Bend IN, and which is particularly described as follows: That part of the southeast quarter of Section 28, T. 38 N., R. 2 E., City of South Bend, St. Joseph County, Indiana, which is described as: Beginning at a point which is the intersection of the West right -of -way line of Bendix Drive and the North line of Viridian Drive which is n. 00 02' 06" w., 771.89 ft. from a point on the South line of said Section which is N. 90 00' 00" W. (assumed bearing). 40.00 ft. from an iron in a monument box marking the Southeast Corner of said Section; thence around a 40.00 ft. Radius curve to the Right an Arc distance of 72.33 ft. to the end of a chord which bears S. 51 46' 11" w. and having a distance of 62.87 ft.; thence around a 210 ft. Radius curve to the Right an Arc distance of 77.97 ft. to the end of a chord which bears n. 65 47' 20" W. and having a distance of 77.52 ft.; thence around a 586.97 ft. Radius curve to the Left an Arc distance of 357.00 ft. to the end of a chord which bears N. 71 34' 35" W and having a distance of 351.52 ft.; thence S. 90 00' 00" W., 268.26 ft.; thence N. 00 22' 17" E., 169.87 ft.; thence N 69 21' - 01" E., 771.91 ft. (771.89 ft. Record); thence s. 00 02" 06" E., 152.84 ft.; thence S. 90 00' 00" W., 125.00 ft.; thence S. 00 02' 06" E., 264.00 ft.; thence N. 90 00' 00" e., 125.00 ft.; thence S. 00 02' 06" E., 123.38 ft. to the Point of Beginning. Containing 4.92 acres. with said real estate having the following Key No. 25- 1010 - 040804 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 three (3) 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. REGULAR MEETING /s /Eugene Ladewski Member of the Common Council JANUARY 23, 1995 A public hearing was held on the resolution at this time. John Gould, petitioner, made the presentation for the bill. He indicated he was the owner of Viridian Office Park, and plans to construct four office buildings in the park. The cost of this project is estimated at $700,000. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2216 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 16 AND 17 TOLL ROAD INDUSTRIAL PARK TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR STEPHEN E. AND SUSAN M. BUSK BUILDING EXPANSION 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 lot 16 and 17 toll road, and which is particularly described as follows: Lots 16 and 17 Toll Road Industrial Park South Bend IN with said real estate having the following Key No. 25- 1010 - 021107 and 25- 1010 - 021101 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 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 /Gene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Mark Sklorenko, president of Busk Brothers, made the presentation for the bill. He indicated they planned to build a facility which will serve as the primary warehouse location for their furniture outlets. He indicated the project is estimated to cost $1,115,000. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 2 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 5 FEET OFF THE SOUTH RIGHT -OF -WAY OF EAST WASHINGTON STREET FROM THE EAST RIGHT -OF- WAY LINE OF SOUTH MICHIGAN STREET TO THE WEST RIGHT -OF -WAY LINE OF SOUTH ST. JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 333.01 FEET This bill had first reading. Council Member to the Public Works and Property Vacation and third reading on February 13, seconded carried. UNFINISHED BUSINESS Coleman made a motion to refer this bill Committee, and set it for public hearing by Council Member Washington. The motion Council Member Puzzello made a motion to refer Bill No. 105, 106, 114, and 128 -94 to the Zoning and Annexation Committee, and set them for public hearing and third reading on February 13, seconded by Council Member Duda. The motion carried. 302 REGULAR MEETING There being no further business to come Member Coleman made a motion to adjourn, carried and the meeting was adjourned at ATTEST: 4j" Ilvv City Clerk JANUARY 23, 1995 before the Council unfinished or new, Council seconded by Council Member Duda. The motion 8:32 p.m. ATTEST-