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HomeMy WebLinkAbout07-24-95 Council Meeting MinutesREGULAR MEETING JULY 24, 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, July 24, 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, Puzzello, Slavinskas, 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 and found them correct. Therefore, we recommend the same be approved. of the July 10, meeting of the Council /s/ Eugene Ladewski /s/ Lee Slavinskas Council Member Coleman made a motion that the minutes of the July 10, meeting be accepted and placed on file, seconded by Council Member Duda. The motion carried. REPORT OF CITY OFFICES Kathy Dempsey, Director of Code Enforcement, reported there has been an increase in closed housing files, as well as a decrease in demolition of housing stock. She indicated they had closed 33,366 housing files in six months; and demolitions have dropped from 71 in 1994 to only 31 structures this year. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Duda. 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 7:10 p.m. with nine members present. Chairman Washington presiding. BILL NO. 34 -95 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 511 WEST COLFAX AVENUE, 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 Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. David Duvall, Director of Historic Preservation, made the presentation for the bill. He indicated this building was originally constructed as a residence in 1899. He indicated it was more recently was used as an office by F. G. Nimtz, for his legal office. Council Member Puzzello made a motion to recommend this bill to the Council favorably, seconded by Council Member Kelly. The motion carried. BILL NO. 36 -95 A BILL TRANSFERRING $360,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Council Member Puzzello made a motion to withdraw this bill, at the request of the petitioner, seconded by Council Member Duda. The motion carried. BILL NO. 37 -95 A BILL APPROPRIATING $62,000 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, 1995, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Council Member Coleman made a motion to withdraw this bill, at the request of the petitioner, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Duda. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: �" ."/ 'Z /O�. 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 7:15 p.m. Council President Ladewski presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8609 -95 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 511 WEST COLFAX AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Slavinskas 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. 2271 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3300 W. SAMPLE ST., SUITE 1100, TO BE AN ECONOMIC REVITALIZATION AREA FOR THE PURPOSE OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EMTECH CORPORATION 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 3300 W. Sample, South Bend IN, and which is particularly described as follows: Parcel I: A tract of land in the Northeast Quarter of the Northeast Quarter of Section 16, Township 37 North, Range 2 East, bounded by a line running as follows, viz: Beginning at a point 338 feet East of the Northeast corner of the Northeast Quarter of said Section 16 a distance of 657.7 feet; thence South 900.6 feet; thence West 657.1 feet; thence north 900.6 feet to the place of beginning. Subject also to a right of way of the New Jersey Indiana & Illinois Railroad Company, as conveyed to it by Warranty Deed dated February 11, 1930, recorded in Deed Record 227, page 293 in the County Recorder's Office of St. Joseph County, Indiana. Parcel II. A certain tract of land in Belleville Industrial District, in Section 16, Township 37 North, Range 2 East, described as follows: Beginning at the intersection of the center line of the New Jersey, Indiana & Illinois Railroad Spur and the North line of proposed Industrial Avenue, said intersection point being 900.6 feet South and 1329.87 feet East of the Northwest corner of the Northeast Quarter of Section 16, Township 37 North, Range 2 East, thence East along the North line of proposed Industrial Avenue if extended East 664.5 feet; thence South parallel with the West line of the Northeast Quarter of said Section 16, 311.5 feet tot he center line of said New Jersey, Indiana & Illinois Railroad company's Spur line running in a Southwesterly and Northwesterly direction; thence Southwesterly and Northwesterly along the center line of said spur line 1096.5 feet to the place of beginning, excepting therefrom all railroad right -of -ways within said tract; and also excepting therefrom a tract of land described as beginning at a point 9 feet East of and 900.6 feet south of the Northwest corner of the Northeast Quarter of the Northeast Quarter of Section 16, Township and Range aforesaid; thence running East parallel with and 900.6 feet South of the North line of said Section 16 a distance of 329 feet; thence south parallel with and 338 feet East of the West line of the Northeast Quarter of the Northeast quarter of said Section 16, a distance of 38 feet; thence West parallel with and 938.6 feet South of the North line of said Section 16 a distance of 329 feet; thence North parallel with and 9 feet East of the West line of the Northeast Quarter of the Northeast Quarter of said Section 16 a distance of 38 feet to the place of beginning. with said real estate having the following Key Nos. 18 8112 -4211, as 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 Personal 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 Personal 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 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 /Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Gregg Mee, President of Emtech, made the presentation for the resolution. He indicated they planned to purchase equipment and with this expansion they will be able to increase employment, as well as be more competitive in the market. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2272 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1915, 1921, 1933 AND 1939 N. OLIVE STREET TO BE A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR GREATER SOUTH BEND DEVELOPMENT COMPANY WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as a Residentially istressed Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1915, 1921, 1933 and 1939 N. Olive Street, South Bend, Indiana, and which is more particularly described as follows: Lot 586 Vernon Heights Addition Lot 587 Vernon Heights Addition Lot 590 Vernon Heights Addition Lot 591 Vernon Heights Addition with said real estate having the following Key Numbers 18- 2096 -3620, 18- 2096 -3624, 18- 2096 -3633 and 18- 2096 -3637, respectively, as a Residentially Distressed 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 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed 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 tx 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 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/ Eugene Ladewski Member of the Common Council A public hearing was held on the resolution at this time. Tom Ford, of Greater South Bend Development Co., made the presentation for the resolution. He indicated this type of abatement would allow people with low incomes to have affordable housing. 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. BILLS, FIRST READING BILL NO. 39 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST -WEST ALLEY NORTH OF W. OAK STREET FROM THE EAST RIGHT -OF -WAY LINE OF N. COTTAGE GROVE ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH - SOUTH ALLEY EAST OF N. COTTAGE GROVE ST. FOR A DISTANCE OF APPROXIMATELY 111.5 FEET AND A WIDTH OF APPROXIMATELY 13.86 FEET This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on August 14, seconded by Council Member Duda. The motion carried. BILL NO. 40 -95 A BILL FIXING THE MAXIMUM SALARIES AND WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR CALENDAR YEARS 1996, 1997, AND 1998 This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and Third reading on August 14, seconded by Council Member Duda. The motion carried. BILL NO. 41 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF W. DELAWARE ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. CARLISLE ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF S. CARLISLE ST. FOR A WIDTH OF 12 FEET AND A LENGTH OF REGULAR MEETING JULY 24, 1995 APPROXIMATELY 120 FEET. PART SITUATED IN HIGHLAND PARK FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on August 14, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, read an open letter to the Mayor regarding the announcement that Burger King will contribute $600,000 to the College Football Hall of Fame over the next three years. There being no further business to come before the Council unfinished or new, Council Member Puzzello made a motion to adjourn, a seconded by Council Member Washington. The motion carried. The meeting was adjourned at 7:26 p.m. ATTEST: City Clerk ATTEST: Pres' nt 391