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HomeMy WebLinkAbout08-28-95 Council Meeting MinutesAUGUST 28, 1995 it remembered that the Common Council of the City of South Bend met in the Council mbers of the County -City Building on Monday, August 28, 1995, at 7:00 p.m. The ting was called to order and the Pledge to the Flag was given. Present: Council Members Luecke, Washington, Puzzello, Kelly, Slavinskas, Zakrzewski, Coleman, Duda, and Ladewski Absent: None REPORT FROM TH; To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the August 14, meeting of the Council and found them correct. refore, we recommend the same be approved. /s/ Eugene Ladewski /s/ Lee Slavinskas Council Member Coleman made a motion that the minutes of the August 14, meeting be accepted and placed on file, seconded by Council Member Puzzello. The motion carried. (SPECIAL BUSINESS Council Member Coleman made a motion to have a special meeting on September 18, at 4:30 p.m., to have public hearing on the 1996 budget, seconded by Council Member Zakrzewski. The motion carried. IREPORTS OF CITY OFFICES Pam Meyer, Director of Planning, Economic Development, indicated there would be a presentation of the Neighborhood Summer Youth Program. She indicated four neighborhood groups were given $2,000 grants, which were used to learn certain skills, such as filmmaking, gardening, painting and clowning. Lane Geyer, Youth Service Bureau, thanked the Council for the help to implement this program. Juanetta Hill, coordinator for the River Bend Historic Neighborhood group explained how the children learned clowning skills as well as gym routines, she said they travelled to Peru, and ended the summer by putting on a show in Leeper Park. John Wibben, a teacher at Riley, indicated the Riley Environmental Education Society, had established a program of covering over graffiti by using paint mixed to look like concrete. He indicated they had covered graffiti on several bridges and railroad overpasses, the Twyckenham overpass had to be done three times. Pastors Robert Herron and Dan Stoltzfus organized a group to do a gardening program, with the goal to teach young people the value of work and self - discipline. Shirley Fulton, 1619 Carlisle, indicated that the Rum Village Neighborhood group used part of their grant money to buy a video cam and learn filmmaking skills; make tee shirts promoting Rum Village; and worked on other crafts for the 4H Fair. Council Member Zakrzewski made a motion to resolve into the Committee of the Whole, seconded by Council Member Luecke. 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 7:32 p.m. with nine members present. Chairman Washington presiding. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Luecke reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Jeff Jankowski, from the city attorney's office, made the presentation for the bill. He indicated it had taken nine months to complete the process of negotiations. He gave a brief outline of the package. Jim Szucs, 364 Teamsters representative, indicated that on August 14, the bargaining unit ratified the agreement and recommended that salary ordinance should be approved. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. 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 APPROXIMATELY 120 FEET. PART SITUATED IN HIGHLAND PARK FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, 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 Puzzello reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Gaylen Allsop, attorney, made the presentation for the bill. He indicated they were requesting this vacation to allow for the garage that built in the middle of the alley years ago to remain there. He indicated the alley was not being used. Mr. & Mrs. Flint, 2002 S. Carlisle, spoke in favor of this vacation. Council Member zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 42 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT -OF -WAY TO BE VACATED IS DESCRIBED AS A PUBLIC WAY LOCATED ON THE CENTERLINE OF THE FIRST VACATED ALLEY WEST OF SOUTH TWYCKENHAM DRIVE FROM THE SOUTH RIGHT -OF -WAY LINE OF EAST CHESTER STREET TO THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF EAST CHESTER ST. FOR A WIDTH OF FIVE (5) FEET AND A LENGTH OF APPROXIMATELY 121.2 FEET. PART IS SITUATED 2.5 FEET EACH WAY OF THE CENTERLINE OF THE VACATED ALLEY AND IS IN SUNNYMEDE'S THIRD ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. PART WAS RETAINED AS A PUBLIC WAY AS DESCRIBED IN ALLEY VACATION RESOLUTION NUMBER 2515 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 Puzzello reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Brendon Bellina, the petitioner, made the presentation for the bill. He indicated there were gates that blocked this alley for at least seven years. He that part of the alley, 4 1/2 feet on each side, had been vacated years ago, and he was asking that the remaining 5 feet be vacated so he could legally close the alley. John Lanier, 1438 Chester, indicated he had lived in the area since 1978 and the gates have been up the entire time. Council Member Duda made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Kelly. The motion carried. ATTEST: 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 8:00 p.m. Council President Ladewski presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8612 -95 AN ORDINANCE 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 third reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Luecke made a motion to pass the bill, as amended, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8613 -95 AN ORDINANCE 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 APPROXIMATELY 120 FEET. PART SITUATED IN HIGHLAND PARK FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8614 -95 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT -OF -WAY TO BE VACATED IS DESCRIBED AS A PUBLIC WAY LOCATED ON THE CENTERLINE OF THE FIRST VACATED ALLEY WEST OF SOUTH TWYCKENHAM DRIVE FROM THE SOUTH RIGHT -OF -WAY LINE OF EAST CHESTER STREET TO THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF EAST CHESTER ST. FOR A WIDTH OF FIVE (5) FEET AND A LENGTH OF APPROXIMATELY 121.2 FEET. PART IS SITUATED 2.5 FEET EACH WAY OF THE CENTERLINE OF THE VACATED ALLEY AND IS IN SUNNYMEDE'S THIRD ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. PART WAS RETAINED AS A PUBLIC WAY AS DESCRIBED IN ALLEY VACATION RESOLUTION NUMBER 2515 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. RESOLUTIONS RESOLUTION NO. 2277 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2009 AND 2015 N. OLIVE STREET TO BE A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR VALUE PLUS CONSTRUCTION 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 distressed Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2009 and 2015 N. Olive Street, South Bend, Indiana, and which is more particularly described as follows: Lot 593 Vernon Heights Addition Lot 595 Vernon Heights Addition with said real estate having the following Key Numbers 18- 2096 -3644 and 18- 2096 -3648, 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, president of Value Plus, made the presentation for the bill. He indicated that the idea for the residential tax abatement was conceived 2 1/2 years ago. He indicated they estimated 100 new homes will be built in 1996. 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. 2278 -95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1702 & 1706 NORTH KALEY STREET, 1902 & 1933 NORTH MEADE STREET, 1934, 1940, & 2004 NORTH FREMONT STREET, 2021 NORTH OLIVE STREET, A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR G & M PROPERTIES 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 distressed Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1702 & 1706 N. Kaley, 1902 & 1933 North Meade Street, 1934, 1940 & 3004 North Fremont, 2021 N. Olive South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description 1702 N. Kaley St. Lot 420 Vernon Heights Add. 1706 N. Kaley St. Lot 419 Vernon Heights Add. 1902 N. Meade St. Lot 538 Vernon Heights Add. 1933 N. Meade St. Lot 527 Vernon Heights Add. 1924 N. Fremont St. Lot 574 Vernon Heights Add. 1940 N. Fremont St. lot 575 Vernon Heights Add. 2004 N. Fremont St. Lot 576 Vernon Heights Add. 2021 N. Olive St. Lot 585 Vernon Heights Add. as a Residentially Distressed Area; and Key Number 18- 2102 -3856 18- 2102 -3856 18- 2096 -3650 18- 3095 -3587 18- 2096 -3832 18- 2096 -3628 18- 2096 -3623 18- 2096 -3616 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. Mike Urbanski, 14299 Day Road, made the presentation for the resolution. He asked for the Council's continued support for this type of abatement. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. BILLS, THIRD READING BILL NO. 45 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE SECOND NORTH -SOUTH ALLEY WEST OF S. CARROLL STREET FROM THE NORTH RIGHT -OF -WAY LINE OF EAST OHIO STREET NORTH TO THE DEAD -END FOR A DISTANCE OF APPROXIMATELY 97.5 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN BAKER'S FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Coleman 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 28, seconded by Council Member Duda. The motion carried. BILL NO. 46 -95 A BILL APPROPRIATING $130,000.00 FROM PROGRAM INCOME FUNDS IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF CONTINUING THE NORTHWEST REVOLVING LOAN FUND This bill had first reading. Council Member Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on August 28, seconded by Council Member Luecke. The motion carried. BILL NO. 47 -95 A BILL TRANSFERRING $50,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on August 28, seconded by Council Member Luecke. The motion carried. BILL NO 48 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE COLLEGE FOOTBALL HALL OF FAME FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1995 AND ENDING DECEMBER 31, 1995 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT, AND ESTABLISHING CERTAIN ENTERPRISE FUNDS 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 28, seconded by Council Member Coleman. The motion carried. BILL NO 49 -95 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY AMENDING SECTION 21 -18, ENTITLED "C" COMMERCIAL DISTRICT; USES PERMITTED This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO 50 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 8396 -93 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS AMENDED BY ORDINANCE NO. 8540 -94 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADDRESSING SALARIES OF NON - BARGAINING EMPLOYEES 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 28, seconded by Council Member Coleman. The motion carried. NEW BUSINESS Council Member Ladewski indicated the College Football Hall of Fame opened August 25. REGULAR MEETING AUGUST 28, 1995 September 1, proceeds will go to the Charles Martin Youth Center. There being no further business to come before the Council unfinished or new, Council Member Luecke made a motion to adjourn, a seconded by Council Member Zakrzewski. The motion carried. The meeting was adjourned at 8:20 p.m. ATTEST: City Clerk ATTEST: U ` Pres' nt