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HomeMy WebLinkAbout09-11-95 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, September 11, 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, Puzzello, Kelly, Slavinskas, Zakrzewski, Coleman, and Ladewski Absent: Council Member Duda REPORT OF CITY OFFICES John Stancati, Director of the Water Works, reported on the well problem on the south side of the City. He said if necessary the City can get water to the south area from the north station. He indicated they are looking for additional well sites and will continue to do so, and are doing everything necessary to find a solution to the problem. 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 7:18 p.m. with eight members present. Chairman Washington presiding. 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 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. Gabriel Okafor, Economic Development, made the presentation for the bill. He indicated this vacation would allow the Department of Economic Development to sell an entire piece of property on Sample Street. Phillip Magaldi, 1122 E. Sample, owner of Bud's Laundry, he indicated he purchased a lot at 201 E. Ohio in 1972 for the future expansion of his business. He indicated he felt it was unfair that Redevelopment is taking the access to his property by eminent domain, and has offered him only $325. He indicated he will be in violation of the Code when they take this property away from him. He indicated he still owned the involved in this vacation. Gabriel Oakafor indicated he was trying to set up a meeting with Mr. Magaldi. He said the property Mr. Magaldi owns is in condemnation. Since the thirty day time period the Council has to take action on this bill would include September 25, Council Member Puzzello made a motion to continue this until September 25, seconded by Council member Slavinskas. Council 7y Member Coleman indicated if the bill is continued the Council could verify information to make sure that Redevelopment has the interest in the lot as stated. The motion carried. Redevelopment is to submit a final report to the Public Works and Property Vacation Committee prior to the hearing on September 25. BILL NO. 46 -94 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 being the time heretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Economic Development, made the presentation for the bill. She indicated this appropriation would be used in the transfer of the Northwest Revolving Loan Fund from the Housing Development Corporation. She indicated this fund will continue under the administration of the Near Northwest Neighborhood. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 57 -94 A BILL TRANSFERRING $50,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 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 Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Economic Development, made the presentation for the bill. She indicated this bill will transfer $50,000 from Minor Home Repair Activity to the R.E.W.A.R.D. Activity for use in additional home ownership assistance. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. 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 Council Member Luecke made a motion to continue public hearing on this bill until September 25, at the request of the petitioner, seconded by Council Member Puzzello. 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 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 reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. 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. Jeff Rinard, Assistant City Controller, made the presentation for the bill. He indicated this bill would make technical corrections to Ordinance No. 8396 -93, which addressed salaries of certain positions. He indicated this included eight positions for the Hall of Fame. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: }}�� ATTEST: l% 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 8:05 p.m. Council President Ladewski presiding, and eight members present. BILLS, THIRD READING ORDINANCE NO. 8615 -95 AN ORDINANCE 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 third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8616 -95 A BILL TRANSFERRING $50,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8617 -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 third reading. Council Member Coleman made a motion to amend this 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 this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2279 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5316 WESTERN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR VELDMAN'S CROSSING, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 5316 Western, South Bend, Indiana, and which is more particularly described as follows: A part of the SE 1/4 of Section 8, T 37 N, R 2 E, in the City of South Bend, being more particularly described as follows, to -wit: Beginning at the NW corner of the SE 1/4 of Section 8; thence E along the N line of said SE 1/4 a distance of 1283.1 ft; thence S at right angle to said N line of said SE 1/4 a distance of 247.25 ft; thence W a distance of 183.38 ft. to a point on the W line of said SE 1/4 that is 246.54 ft S of the NW corner of said SE 1/4; thence N along the said W line a distance of 146.54 ft to the place of beginning, situated in St. Joseph County, Indiana, except legal highways; and which has Key Number 18 35111 88564 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 Sections 2 -76 Et Seq. 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 that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C: That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. 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 resolution, and recommended it to the Council favorable. Tim Costello, 56896 Crumstown Road, made the presentation for the resolution. He indicated they were planning to renovate the site for a convenience store with gasoline sales and a car wash. He indicated at the present time there is a gas station with auto repairs on the site, the auto repair will be moved to an adjacent building. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 51 -95 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE OBJECT IN -SITU LOCATED IN THE PUBLIC RIGHT OF WAY AT THE CORNER OF POKAGON STREET AND STANFIELD STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Slavinskas. The motion carried. BILL NO. 52 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY - THE ALLEY TO BE VACATED IS DESCRIBED AT THE FIRST EAST -WEST ALLEY NORTH OF LINCOLN WAY WEST FROM THE EAST RIGHT -OF -WAY LINE OF N. JOHNSON ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. JOHNSON ST. FOR A DISTANCE OF APPROXIMATELY 124 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN AUGUSTINE'S 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 September 25, seconded by Council Member Luecke. The motion carried. BILL NO. 53 -95 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 2311 HIGHLAND AVE. IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 54 -95 A BILL A BILL TO VACATE THE FOLLOWING PROPERTY - THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF STATE ROAD 23 FROM THE EAST RIGHT -OF -WAY LINE OF N. BURNS STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. BURNS STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET AND A WIDTH OF APPROXIMATELY 10 FEET. PART SITUATED IN HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, 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 September 25, seconded by Council Member Slavinskas. The motion carried. LL NO. 55 -95 A BILL TO VACATE THE FOLLOWING PROPERTY - THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF STATE ROAD 23 FROM THE EAST RIGHT -OF -WAY LINE OF N. DUEY STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. DUEY STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET AND A WIDTH OF APPROXIMATELY 10 FEET. PART SITUATED IN HARTMAN AND WOODWORTH'S PLAT IN THE CITY OF SOUTH BEND, 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 September 25, seconded by Council Member Kelly. The motion carried. BILL NO. 56 -95 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1996, AND ENDING DECEMBER 31, 1996, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 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 on September 18, seconded by Council Member Coleman. The motion carried. BILL NO. 57 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1996, AND ENDING DECEMBER 31, 1996, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 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 on September 18, seconded by Council Member Puzzello. The motion carried. BILL NO. 58 -95 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1996 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 on September 18, seconded by Council Member Coleman. The motion carried. BILL NO. 59 -95 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE 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 on September 18, seconded by Council Member Coleman. The motion carried. BILL NO. 60 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH /SOUTH ALLEY SOUTH OF OAK PARK DRIVE, RUNNING SOUTH FROM OAK PARK DRIVE FOR A DISTANCE OF APPROXIMATELY 150 FEET TO THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE � f TOWNSHIP, ALL IN "WOODED ESTATES," IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Kelly 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 September 25, seconded by Council Member Zakrzewski. The motion carried. PRIVILEGE OF THE FLOOR Jim Cirzeniak, 1156 E. Victoria, discussed expenses for the College Football Hall of Fame. Pat Bryan, 515 E. Monroe, objected to the lack of curb ramps between Karl King Towers and Sample. She said it is necessary for the disabled to go into the street to get to Farmers Market. Pete Meyers, 744 Portage, Green Party candidate for First District Councilman, indicated the language on the agenda was confusing. He indicated the Council meetings should be more accessible to the public. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, a seconded by Council Member Puzzello. The motion carried. The meeting was adjourned at 8:30 p.m. ATTEST: L.,-) City Clerk ATTEST: