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HomeMy WebLinkAbout02-27-95 Council Meeting MinutesREGULAR MEETING FEBRUARY 27, 1995 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 27, 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 To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of Council and found them correct. Therefore, we recommend the same be approved. SPECIAL BUSINESS the February 13, 1995 meeting of the /s/ Lee Slavinskas /s/ Eugene Ladewski RESOLUTION NO. 2217 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING CONCEPCION NINO AS A CARING AND CONCERNED COMMUNITY LEADER WHEREAS, the Common Council of the City of South Bend, Indiana, notes that in 1970 Concepcion Nino began taking care of children in her home located at 1706 Florence while parents of the children attended English and job- training classes; and WHEREAS, with a lot of hard -work and care of Concepcion Nino, this informal baby - sitting grew and became the E1 Campito Day Care Center which provides preschool and parent- resource programs to over 150 children at four locations in our community; and WHEREAS, today, due to Concepcion Nino's vision, the Learning Center exists at 1024 Thomas Street, Mi Escuelita Preschool exist at Harrison and Studebaker elementary schools, and a parent- resource center exists at 1541 Dunham Street; and WHEREAS, Concepcion Nino has always had the drive to provide services for migrant children and far "always holding and rocking babies" at "Little Camp "; and WHEREAS, some of the many awards bestowed upon Concepcion Nino include the 1971 Midwest Council of LaRoza Appreciation Award, 1975 Mexican American Concerned Parents Award, the 1980 Governor's Award, the 1986 E1 Campito Day Care Center Award, the 1988 Certificate of Recognition from the South Bend Community School Corporation, and the 1994 Hispanic Leadership Award. Now, therefore, be it resolved 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, hereby publicly thanks and commends Concepcion Nino, founder of E1 Campito Day Care for her more than 25 years of dedicated and caring service to our community and its children. Section II. The Common Council notes with pride the leadership which Concepcion Nino has provided in always accepting new challenges which have forever touched and enhanced the youth of our community. Section III. The South Bend Common Council wishes Concepcion Nino and her husband, and Number 1 fan, Ignacio, the very best in this new year as they embark on many other new and caring adventures involving children. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Stephen Luecke, 1st District Linas Slavinskas, 5th District Cleo Washington, 2nd District Thomas Zakrzewski, 6th District Roland Kelly, 3rd District Ann Puzzello, 4th District Sean Coleman, At Large Loretta Duda, At Large Eugene Ladewski, At Large Approved by me, Joseph E. Kernan. the Mayor of the City of South Bend, Indiana, United States of America, this 27th day of February 1995. Irene K. Gammon, City Clerk Joseph E. Kernan, Mayor REGULAR MEETING FEBRUARY 27, 1995 A public hearing was held on the resolution at this time. Council Member Duda read the resolution and presented it to Concepcion Nino, who thanked the Council. Lolita Anastasio thanked the Council for presenting this resolution. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. REPORT OF CITY OFFICES Kathy Baumgartner, Director of the Bureau of Housing, indicated the Bureau has changed in the last two years, in the past we administered programs that HUD designated. She indicated they have changed their approach, and are doing financial consulting, advising on mortgage loans and property management. She indicted Housing Development Corporation and Community Homebuyers aids low income individuals. Marzy Bauer, president of the Housing Development Corp, and Duke Jones, board member of Community Homebuyers Corp, explained their role with the Bureau of Housing. Council Member Luecke 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 7:30 p.m., with nine members present. Chairman Washington presiding. BILL NO. 8 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $130,000 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) This being the time theretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Parks Committee had met on this bill and recommended it to the Council favorable. Betsy Harriman, administrative director, made the presentation for the bill. She indicated this appropriation would be used to make capital improvements in 1995, including caulking expansion joints, installing new outfield wall pads, installing seat backs on flat bleachers, carpeting suites, replacing the flooring in the coaches' locker room and replacing suite railings. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 9 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 19 -61 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES" This being the time theretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Parks Committee had met on this bill and sends it to the Council without recommendation. Phil St. Clair, Superintendent of Parks, indicated that in the past couple of years the Park Department has tried to make some of their projects self - funding. Mary Moore, concession manager for the Park Department made the presentation for the bill. He indicated they were requesting approval to sell beer at Elbel and Erskine golf course. He indicated if the City had the proper liquor license and liability insurance there would be no problem with selling beer. He indicated at the present time Evansville and Terre Haute sell beer on their courses and neither city has had a problem with liquor liability. He indicated they planned to sell beer at the club houses and from a cart that will tour each course. He indicated Blackthorn netted $15,900, which was about one beer per round for each person who played, and based on this the city could net $75,000 in new revenue from the three courses. Richard Nussbaum, City Attorney, spoke in favor of this bill. Joyce Boaler, 1606 Hillsdale; Jim Cierzniak, 1156 E. Victoria; Carl Evans, 217 Parkwood, spoke against this bill. After a lengthy discussion, Council Member Coleman made a motion to amend this bill in paragraph 2, ii, after the word add "and with conspicuous posting of beer regulations at both such golf courses;" (b) add at the beginning of the paragraph "Except as otherwise authorized under this section," and add the word "B" after the word to, seconded by Council Member Kelly.. The motion carried. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Kelly. The motion carried. BILL NO. 10 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000.00) FROM THE GENERAL FUND This being the time theretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Council Member Luecke reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Carl Littrell, Director of Engineering, made the presentation for the bill. He indicated these funds were appropriated last year, however, they were not bid and it is necessary to reappropriate the funds. He indicated they money would be used for MSF gas tanks and the dam and Special Olympics Park repair. Council Member Coleman made a motion to amend this bill by correcting the name of the park from Island Park to Special Olympics Park, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Luecke. The motion carried. BILL NO. 11 -95 A BILL APPROPRIATING $37,000 RECEIVED FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION FOR ENTERPRISE COMMUNITY GEOGRAPHIC AREA PLANNING ACTIVITIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1995 REGULAR MEETING FEBRUARY 27, 1995 vo _ _ _ _ _ _ _ . _ _ _,11 - • w - • • • that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Larry Magliozzi, assistant director of Planning, made the presentation for the bill. He indicated these funds will be used for support staff costs for planning activities in the Enterprise Community geographic area. He indicated they anticipate activities, such as, inventory of buildings, utility assessments; computer maps, coordination of training programs for area residents. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 12 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY This being the time theretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Parks Committee had met on this bill and recommended it to the Council favorable. Randy Nowacki, director of operations for municipal golf courses, made the presentation for the bill. He indicated this bill approves the sale of property and house located at 51240 Redwood Road, adjacent to Elbel. He asked that the funds be returned to the golf maintenance fund. 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: /QL ATTEST: City Clerk 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 9:02 p.m. Council President Ladewski presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO 8580 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $130,000 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8581 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 19 -61 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES" This bill had third reading. Council Member Coleman made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Kelly. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of seven ayes and two nays (Council Members Luecke and Washington.) ORDINANCE NO. 8582 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000.00) FROM THE GENERAL FUND This bill had third reading. Council Member Coleman made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8583 -95 AN ORDINANCE APPROPRIATING $37,000 RECEIVED FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION FOR ENTERPRISE COMMUNITY GEOGRAPHIC AREA PLANNING ACTIVITIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1995 This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8584 -95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2218 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3636 GAGNON, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR GENERAL MACHINE & SAW COMPANY OF INDIANA 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 3636 Gagnon Road, South Bend, Indiana, and which is more particularly described as follows: A part of the northeast quarter of Section 28, Township 38 north, Range 2 East, City of South Bend, Indiana and described as follows: Commencing at the southeast corner of the northeast quarter of said Section 28 said point being at the intersection of the west (bearing assumed) along the south line of the northeast quarter of said Section 28 (being along the centerline of Boland Drive) 1150.09 feet to a point at the intersection of Boland Drive with centerline of Kenmore Street; thence north 00 00' 23" east along the said centerline of Kenmore Street, 579.86 feet; thence north 89 59'37" west, 640.00 feet to the point of the beginning; thence south 89 59' 56" west, 424.01 feet; thence north 00 02' 45" east, 784.81 feet; thence south 89 59' 37" east, 423.47 feet; thence south 00 00' 23" west, 784.63 feet to the point of the beginning and containing 17.634 acres more or less and is subject to easements, restrictions and or covenants of record. A part of the northeast quarter of Section 28, Township 38 north, range 2 east, City of South Bend, Indiana and described as follows: Commencing at the southeast corner of the northeast quarter of said Section 28 said point being at the intersection of the centerline of Boland and Bendix Drives, thence south 89 58' 56" west (bearing assumed) along the south line of the northeast quarter of said section 28 (being along the centerline of Boland Drive) 1150.09 feet to a point at the intersection of Boland Drive with Centerline of Kenmore Street; thence north 00 00' 23" east along the said centerline of Kenmore Street, 579.86 feet; thence north 89 59' 37" west 640 feet; thence south 89 58' 56" west 424.01 feet to the point of beginning; thence continuing south 89 58' 56" west, 100.00 feet; thence north 00 02' 45" east, 784.85 feet; thence south 89 59' 37" east, 100.00 thence north 00 02' 45" east, 784.25 feet thence south 89 59 37 east, 100.00 thence south 00 02' 45" west, 784.81 feet to the point of beginning and containing 1.802 acres more or less and it subject to restrictions and or covenants of record. and this property has Key Numbers 25 1010 - 038507, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et seq., 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 seq., and South Bend Municipal Code Sections 2 -76 et seq. 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 REGULAR MEETING FEBRUARY 27, 1995 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 /Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Matt Murphy, a representative of General Machine, made the presentation for the resolution. He indicated General Machine is based in Marion, Ohio, and this new facility will be the first venture into Indiana. He indicated they are a supplier of cut to order steel bars used in the manufacturing process of heavy duty equipment. He indicated they intended to purchase new equipment in the amount of $350,000 in order to open this facility. He indicated they would hire seven to ten employees. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 13 -95 A BILL APPROPRIATING ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($1,350,000) FROM THE CASH RESERVES OF THE GENERAL FUND OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE PURPOSE OF FUNDING A PROGRAM OF PUBLIC IMPROVEMENTS WITHIN THE CITY OF SOUTH BEND This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on March 13, 1995, seconded by Council Member Luecke. The motion carried. BILL NO 14 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,365.58 FROM THE GENERAL FUND (FUND NO. 101) TO THE PARK GENERAL FUND (FUND NO. 201) This bill had first reading. Council Member Luecke made a motion to refer this bill to the Parks Committee and set it for public hearing and third reading on March 13, 1995, seconded by Council Member Coleman. The motion carried. BILL NO. 15 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY This bill had first reading. Council Member Coleman made a motion to refer this bill to the Parks Committee and set it for public hearing and third reading on March 13, 1995, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Joyce Boaler, 1606 Hillsdale, spoke regarding the option tax, as well as street lights in Twyckenham Hills. James Cierzniak, 1156 E. Victoria, spoke regarding the Hall of Fame. Gene Oakley, 2614 York Rd., commended the Park Superintendent and his staff for their accomplishments. 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 Duda. The motion carried and the meeting was adjourned at 9:40 p.m. ATTEST: City Clerk ATTEST: L�'Iez- Pres' ent 31.1