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HomeMy WebLinkAbout03-28-95 Council Special Meeting MinutesSPECIAL MEETING MARCH 28, 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 Tuesday, March 28, 1995 at 4:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Washington, Kelly, Puzzello, Zakrzewski, Coleman, Duda, and Ladewski Absent: Council Member Slavinskas NOTICE OF SPECIAL MEETING OF THE COMMON COUNCIL You are hereby notified that there will be a special meeting of the South Bend Common Council, Tuesday, March 28, 1995, at 4:00 p.m., for the purposes outlined below. To have public hearing on and take action on three resolutions. No. 95 -8 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA VOTING IN FAVOR OF AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL IMPOSING THE COUNTY ECONOMIC DEVELOPMENT INCOME TAX IN ST. JOSEPH COUNTY (CEDIT) No. 95 -9 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA PROPOSING AND VOTING IN FAVOR OF AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL IMPOSING THE COUNTY OPTION INCOME TAX IN ST. JOSEPH COUNTY (COIT) No. 95 -10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA PROPOSING AND VOTING IN FAVOR OF AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL INCREASING THE PERCENTAGE CREDIT ALLOWED FOR HOMESTEADS IN ST. JOSEPH COUNTY. The within call for a Special Council Meeting came to hand on 17th day of March 1995 which was read by a member of the City Clerk's office to each Council Member, or left on their voice mail this date, which is more than 72 hour prior notice of such Special Meeting, and said notice was then certified and sent to each Council Member at his or her last and usual place of residence. /s/ Irene Gammon City Clerk Council Member Luecke made a motion to combine public hearing on Resolutions No. 95- 8,9,10, seconded by Council Member Coleman. The motion carried. Council Member Luecke made a motion to accept substitute Bill No. 9 -95 on file with the City Clerk, which corrects a scrivener's error, seconded by Council Member Coleman. The motion carried. Council attorney, Kathleen Cekanski - Farrand, read the following: For informational purposes, as the Council Attorney and Parliamentarian of the South Bend Common Council, I would like to briefly review the rules of procedure which will govern this afternoon. The Council President will recognize a Council member to make a motion to hear the three (3) proposed Resolutions together for purposes of public hearing. Such a motion will require a second, and a voice vote of the entire Council. Immediately thereafter the Council President will recognize the City Clerk to read each Resolution, by title only. The Council President will then entertain a motion to accept Substitute Res. No. 95 -9 (COIT) which is on file in the Office of the City Clerk. Such a motion will require a second, and a voice vote of the entire Council. The Council President will then call for a formal presentation in favor of the proposed Resolutions. The presenter or presenters must give his or her name and address for the record. The Council President will then begin the public hearing by asking all members of the public who wish to speak in favor of any of the proposed Resolutions to give their name and address for the record, and address the Council. Each member will be limited to a total of five (5) minutes with the Council President asking that this portion be completed by approximately 4:45 p.m. Immediately after all persons who have spoken in favor of the proposed Resolutions, the Council President will ask any member of the public who wish to speak opposed to any of the proposed Resolutions to give their name and address for the record and address the Council. Each member will be limited to a total of five (5) minutes. Any member of the public who wishes to ask a question may do so, however any responses from the formal presenter may be given only during the rebuttal. Under regular Council rules (§ 2 -11) the time used by members of the public who wish to give comment in opposition shall not exceed the time used by members of the public who spoke in favor of the Resolutions or shall be limited to thirty (S0) minutes, whichever is greater. A five (5) minute rebuttal for the person or persons who gave the formal presentation shall then take place. The public portion will then be closed by the President, and the Council portion shall commence with only members of the Council being allowed to speak or ask questions of the formal presenter. Formal action on each of the proposed Resolutions shall take place. A separate vote on each of the three (3) proposed Resolutions shall take place with each having a formal motion to adopt or SPECIAL MEETING MARCH 28, 1995 not to adopt. Each such motion shall require a majority of the entire Council. A roll call vote must be taken on each proposed Resolution with the City Clerk calling each Council member of name in a rotating fashion. The Council President shall announce the vote after each call by the Clerk. The Council President will then entertain a motion to suspend the Council Rules pursuant to § 2 -12 of the South Bend Municipal Code in order to dispense with the order of business by eliminating "Unfinished Business, New Business and Privilege of the Floor ". This motion will require a 2/3's vote of the Council to pass. RESOLUTION NO. 2226 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA VOTING IN FAVOR OF AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL IMPOSING THE COUNTY ECONOMIC DEVELOPMENT INCOME TAX IN ST. JOSEPH COUNTY (CEDIT) WHEREAS, the Common Council of the City of South Bend, Indiana recognizes that the Indiana Legislature has passed legislation which provides for the County Economic Development Income Tax (CEDIT); and WHEREAS, in order to continue to provide essential governmental services to all residents of St. Joseph County, Indiana, and in recognition there is a financial need to impose the County Economic Development County Economic Development Income Tax (CEDIT). 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 and casts its 42.71 votes for the proposed ordinance of the St. Joseph County Income Tax Council which reads as follows: AN ORDINANCE IMPOSING A COUNTY ECONOMIC DEVELOPMENT INCOME TAX IN ST. JOSEPH COUNTY, INDIANA (CEDIT) STATEMENT OF PURPOSE & INTENT The St. Joseph County Income Tax Council, pursuant to IC 6- 3.5 -7, has determined that it will be in the public interest to impose a county economic development income tax (CEDIT) in St. Joseph County to provide funding for needed governmental services to all residents of St. Joseph County, Indiana. The members of the St. Joseph County Income Tax Council are the South Bend Common Council, Mishawaka Common Council, the St. Joseph County Council, and other local units. NOW, THEREFORE, BE IT ORDAINED BY THE ST. JOSEPH COUNTY INCOME TAX COUNCIL OF ST. JOSEPH COUNTY, INDIANA, as follows: SECTION I. The St. Joseph County Income Tax Council imposes the County Economic Development Income Tax (CEDIT) on the county taxpayers of St. Joseph County. The County Economic Development Income Tax (CEDIT) is imposed at a rate of One -tenth of one percent (0.1 %) on the county taxpayers of St. Joseph County. This tax takes effect July 1, 1995. SECTION II. The County Economic Development Income Tax (CEDIT) is imposed on the county taxpayers of St. Joseph County at the following rates for subsequent years as follows: For July 1, 1996 to June 30, 1997, the County Economic Development Income Tax is imposed at a rate of One -tenth of one percent (0.1 %) on the county taxpayers of St. Joseph County. This tax take effect July 1, 1996. For July 1, 1997 to June 30, 1998, the County Economic Development Income Tax is imposed at a rate of Two- tenths of one percent (0.2 %) on the county taxpayers of St. Joseph County. This tax take effect July 1, 1997. For July 1, 1998 to June 30, 1999, the County Economic Development Income Tax is imposed at a rate of Three - tenths of one percent (0.3 %) on the county taxpayers of St. Joseph County. This tax take effect July 1, 1998. For July 1, 1999 to June 30, 2000, the County Economic Development Income Tax is imposed at a rate of Four - tenths of one percent (0.4 %) on the county taxpayers of St. Joseph County. This tax take effect July 1, 1998. SECTION III. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION IV. This ordinance shall be in full force and effect from and after July 1, 1995 upon its passage by the St. Joseph County Income Tax Council. SECTION II. This resolution shall be in full force and effect from an after its adoption by the Common Council. /s/ Eugene Ladewski Member, Common Council REGULAR MEETING MARCH 28, 1995 RESOLUTION NO. 2227 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA PROPOSING AND VOTING IN FAVOR OF AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL IMPOSING THE COUNTY OPTION INCOME TAX IN ST. JOSEPH COUNTY (COIT) WHEREAS, the Common Council of the City of South Bend, Indiana recognizes that the Indiana Legislature has passed legislation which provides for the County Option Income Tax (COIT); and WHEREAS, in order to continue to provide essential governmental services to all residents of St. Joseph County, Indiana, and in recognition there is a financial need to impose the County Option Income Tax (COLT). 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 proposes and coasts its 42.71 votes for the proposed ordinance of the St. Joseph County Income Tax Council which reads as follows: AN ORDINANCE IMPOSING A COUNTY OPTION INCOME TAX IN ST. JOSEPH COUNTY, INDIANA (COIT) STATEMENT OF PURPOSE & INTENT The St. Joseph County Income Tax Council, pursuant to IC 6- 3.5 -6, has determine that it will be in the public interest to impose a county option income tax in St. Joseph County to provide funding for needed governmental services to all residents of St. Joseph County, Indiana. The members of the St. Joseph County Income Tax Council are the South Bend Common Council, Mishawaka Common Council, the St. Joseph County Council, and other local units. NOW, THEREFORE, BE IT ORDAINED BY THE ST. JOSEPH COUNTY INCOME TAX COUNCIL OF ST. JOSEPH COUNTY, INDIANA, as follows: SECTION I. The St. Joseph County Income Ta Option Income Tax (COIT) on the county taxpayers County Option Income Tax (COIT) is imposed at a percent (0.20) on the resident county taxpayer and of one percent (0.05 %) on all nonresident county effect July 1 of this year, 1995. t Council imposes the County of St. Joseph County. The rate of Two- tenths of one at a rate of Five - hundredths taxpayers. This tax takes SECTION II. The county option income tax (COIT) is imposed on the county taxpayers of St. Joseph County, at the following rates for subsequent years as follows: Resident Nonresident County County Taxpayers Taxpayers July 1, 1996 to June 30, 1997 0.3% 0.075% July 1, 1997 to June 30, 1998 0.4% 0.1% July 1, 998 to June 30, 1999 0.5% 0.1250 July 1, 1999 to June 30, 2000 0.6% 0.15% SECTION III. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION IV. This Ordinance shall be in full force and effect from and after its passage by the St. Joseph County Income Tax Council. SECTION II. 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, South Bend Common Council RESOLUTION NO. 2228 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROPOSING AND VOTING IN FAVOR OF AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL INCREASING THE PERCENTAGE CREDIT ALLOWED FOR HOMESTEADS IN ST. JOSEPH COUNTY. WHEREAS, the Common Council of the City of South Bend, Indiana recognizes that the Indiana Legislature has passed legislation which provides for the County Option SPECIAL MEETING MARCH 28, 1995 Income Tax and allows, in connection therewith, for an increase in the percentage credit allowed for homesteads in counties in which the County Option Income Tax is in effect; and WHEREAS, the St. Joseph County Income Tax Council has approved the imposition of the County Option Income Tax in St. Joseph County and has determined that the imposition of this tax should be accompanied by property tax relief in the form of an increase in the percentage credit allowed for homesteads in St. Joseph County. 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 proposes and casts its 42.71 votes for the proposed ordinance of St. Joseph County Income Tax Council which reads as follows: AN ORDINANCE INCREASING THE PERCENTAGE CREDIT ALLOWED FOR HOMESTEADS IN ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT The St. Joseph County Income Tax Council, pursuant to IC 6- 3.5 -6, has determined that it will be in the public interest in increase the percentage allowed for homesteads in St. Joseph County to provide property tax relief to the homeowners of St. Joseph County Indiana. The members of the St. Joseph County Income Tax Council are the South Bend Common Council, Mishawaka Common Council, the St. Joseph County Council, and other local units. NOW, THEREFORE, BE IT ORDAINED BY THE ST. JOSEPH COUNTY INCOME TAX COUNCIL OF ST. JOSEPH COUNTY, INDIANA, AS FOLLOWS: SECTION I. The St. Joseph County Income Tax Council hereby increases the percentage credit allowed for homesteads in St. Joseph County under IC 6 -1.1- 20.9-2 as follows: For real property taxes payable in 1996 and thereafter the percentage credit allowed for homesteads in St. Joseph County is increased eight (8) percentage points over that percentage allowed under IC 6 -1.1- 20.9 -2. This shall take effect January 1, 1996. SECTION II. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared unconstitutional or otherwise invalid such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION III. This Ordinance shall be in full force and effect from and after January 1, 1996 upon its passage by the St. Joseph County Income Tax Council. SECTION II. 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, South Bend Common Council A public hearing was held on the resolutions at this time. Mayor Kernan made the presentation for the resolutions. He indicated that the home owners carry the tax burden, and the option tax and homestead credits would provide relief to the home owner. He indicated the City of South Bend has been able to maintain services over the past year, but it is important to put into place an on -going improvement plan that will allow us to plow resources back into our community. He indicated it was also important for us to realize there are also needs in the County government. He indicated it was important that separate funds be maintained for the option tax moneys, so there is no question about the revenue. He indicate that no revenue from EDIT or COIT will be used for the Hall of Fame. William Hojnacki, Assistant Dean at IUSB, indicated he chaired the Fiscal Study Committee, and after review of the County budget the committee was in support of the option tax. Terry Crone, Circuit Court Judge, spoke on behalf of all the judges. He asked that the letter be made a part of the proceeds. He indicated the county was building a new juvenile facility and a new jail that will require money to operate. He indicated there is only one court system, for the County and the City, so this is not just a County problem. He indicated there was the cost of the facility, as well as staffing expense. He indicated that the Courts can no longer hold the system together without additional revenue. Mike .Barnes, Prosecuting Attorney, indicated that the criminal justice system is in immediate need of revenue, and St. Joseph County employees deserve an increase. Tom Brademas, 425 N. Michigan, indicated he was a member of the Fiscal Study Committee, there is a need for the new juvenile center and the jail. He indicated we are all citizens of St. Joseph County, and urged the passage of the resolutions. Stephen Queior, president of the Chamber of Commerce, indicated that a viable community must have employment, a solid infrastructure and government services. He indicated if we do not move forward it will cost more in the long run. He indicated that 81 of 92 counties who have an option tax, will continue to move ahead of us if these resolutions are not passed. John McNamara, 10679 Jefferson Rd., Osceola, urged the Council to support these resolutions. John Roos, 1107 N. Notre SPECIAL MEETING MARCH 28, 1995 Dame, a member of the Fiscal Study Committee, indicated that 22 of the 23 members agreed we needed additional revenue. Pat McMahon, Director of Project Future, he indicated they are trying to get businesses to move into the area, and we are in support of the tax. He indicated the area is losing its competitive edge. He indicated our municipality is maintaining, but not keeping its infrastructure up -to- date. He indicated the cities of South Bend and Mishawaka are not in a better revenue situation than the County, the two cities have been able to defer maintenance, but it is catching up. Aggie Farkas, 1533 McPherson St., spoke in favor of the resolutions. Pat O'Connor, principal of Edison Middle School, indicated we may have the income to survive, but we need to provide the things our children will need. Todd Gardner, 1635 Crestwood, spoke against the resolutions, he indicated that some people said the Fiscal Study Committee had concluded the County needs money. He indicated the County is in much better shape than projected. Linda Petill, 56121 Birch Rd., Osceola, indicated there should be a Unigov system. James Philson, 1314 E. Ewing, Barry Baumbaugh, 12032 Timberline Trace, Jim Rossow, 53100 Poppy Road, Kelly Haven, 12032 Timberline Trace; spoke against the resolutions. Jim Cierzniak, 1156 E. Victoria, indicated he felt the building of the juvenile center and the jail should not have come at the same time. Wayne Liszewski, 714 28th St., indicated the public should vote on a tax. William Soderberg, 1515 E. Wayne, indicated when the option tax is brought before the Council it is always at the last minute. Council Member Luecke made a motion that the opponents could have additional time, and stop at 5:55 p.m., seconded by Council Member Coleman. The motion carried. Jerry Ivacic, 2239 Topswood, indicated all County employees deserve a raise; and if the moneys raised from the option tax was used to fight crime he would be a supporter. Mayor Kernan in rebuttal indicated the Fiscal Study Committee had an accurate report. He indicated the City is accused of mismanagement. He indicated the City budgets need to have revenue larger than expenditures. He indicated the City has been accused of ramroding this tax, however, we have been talking about it for three years and have had numerous public hearings. He indicated that 1.2 million dollars goes to Elkhart County because we do not have an option tax in place. He indicated that City residents pay County taxes, however, County residents do not pay City taxes. Council President Ladewski announced that a petition in favor of the option tax had been filed with the Council, and it had a total of 99 signatures. Council Member Luecke indicated that some one had mentioned there should have been town hall meetings set up to discuss the option tax, however, he did not set up such a meeting in the First District because no one requested such a meeting. Council Member Kelly indicated the City is not addressing the infrastructure needs. Council Member Duda indicated she felt an option tax was needed, however, she had polled the community and they were against the tax. Council Member Washington indicated tax relief was necessary and the criminal justice system is in dire circumstances. Council Member Zakrzewski indicated the option tax has been discussed since 1984, in 1985 he voted in favor; in 1992 he opposed COIT; but he had studied the County budget and this tax was needed. Council Member Puzzello indicated she had voted for the option tax two times, and was a member of the Fiscal Study Committee, and this tax is needed. Council Member Ladewski indicated he knew the County needs, and they can only be met with additional revenue. Council Member Luecke made a motion to adopt Resolution No. 2226 -95, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of seven ayes and one nay (Council Member Duda.) Council Member Coleman made a motion to accept the substitute bill 95 -9, on file with the City Clerk, seconded by Council Member Luecke. The motion carried. Council Member Luecke made a motion to adopt the Resolution No. 2227 -95, as amended, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of seven ayes and one nay (Council Member Duda.) Council Member Kelly made a motion to adopt Resolution No. 2228 -95, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of seven ayes and one nay (Council Member Duda.) Council Member Luecke made a motion remove items 6, 7, 8 from the agenda, seconded by Council Member Washington. The motion carried on a roll call vote of eight ayes. There being no further business to come before the Council unfinished or new, Council Member Luecke made a motion to adjourn, seconded by Council Member Washington. The motion carried and the meeting was adjourned at 6:25 p.m. ATTEST: City Clerk ATTEST S27