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HomeMy WebLinkAbout07-25-94 Council Meeting Minutesi REGULAR MEETING JULY 25, 1994 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 25, 1994, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Washington, Luecke, 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 of the July 11 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Ann Puzzello /s/ Eugene Ladewski Council Member Coleman made a motion that the minutes of the July 11, 1994, meeting be accepted and placed on file, seconded by Council Member Duda. The motion carried. REPORTS OF CITY OFFICES Cathy Dempsey, Director of Code Enforcement gave a report on her department. She indicated that many new plans have been implemented that has brought about a financial increase in monies collected. She indicated that in 1989 they collected $79,000, and last year it was $122,000. She indicated they would continue to look for other ways to put the financial burden on the abusers. 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 July 25, at 7:10 p.m., with nine members present. Council Member Kelly presiding. BILL NO. 51 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1129 HICKORY ROAD 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. John Byorni, Senior Planner, gave the Area Plan Commission report. He indicated the petitioners were requesting this zoning to allow for a physical therapy office. He described the surrounding properties. He reported that the Commission had recommended this rezoning to the Council favorable. Edward Fisher, 223 Lincolnway East, made the presentation for the bill. He indicated he represented the owner of this property, who was requesting the rezoning in order to sell. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 58 -94 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING TO AND MAKING CERTAIN OTHER REVISIONS TO THE ZONING ORDINANCE. 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 Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Slavinskas. The motion carried. Council Member Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable, as amended. John Byorni, Senior Planner, made the presentation for the bill. He indicated Area Plan had initiated this bill, to revise the Zoning Ordinance by adding provisions regarding surfacing and screening of parking lots and outside storage areas; parking in required yards; nonconforming buildings and uses; and accessory buildings. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 69 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF JEFFERSON BOULEVARD RUNNING EAST FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH MAIN STREET TO THE FIRST INTERSECTING NORTH -SOUTH ALLEY EAST OF MAIN STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET; LOCATED BETWEEN LOTS 292 AND 291 IN THE ORIGINAL PLAT OF TOWN, NOW CITY OF SOUTH BEND, INDIANA. Council Member Luecke made a motion to continue public hearing on this bill, at the request of the pettigner, until August 8, seconded by Council Member Washington. The motion dried-., q9 BILL NO. 75 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING CERTAIN DORMANT FUNDS AND TRANSFERRING THE BALANCES THEREIN TO THE GENERAL FUND OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents recommended it to the Council favorable. Gretchen Bowland, fiscal officer for Public Works, made the presentation for the bill. She indicated after the recent annual audit the State Board of Accounts encouraged the closing of the following funds; 501 Barrett Law, 502 Barrett Law General Improvement, Discovery Hall, Leeper Park Tree Replacement; Morris Civic Operating. Council Memner Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 76 -84 A BILL FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR THE CALENDAR YEARS 1995, 1996, AND 1997. This being the time heretofore set for public hearing on the above bill, proponents and opponents wore given an opportunity to be heard. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Washington. The motion carried. Council Member Coleman reported that the Personnel and Finance Committee and the Health and Public Safety Committee had a joint meeting on this bill and recommended it to the Council favorable. Council Member Puzzello thanked the members of the negotiating teams, and asked all those present to come to the podium. She indicated that at the request of the FOP they had concentrated on raising the base pay of patrolmen, which will help the retirees pensions. Kathleen Cekanski - Farrand, City attorney, indicated this pact was ratified with only nine negative votes. She indicated this pact contained a fringe benefit of $350 over a three year period to officers who purchase and wear bullet proof vests. She indicated they felt South Bend was the first city in the country to offer such an incentive. She also indicated that officers could qualify for $1,500 a year in mortgage or rent assistance if they live in or move into high - crime areas. She thanked the teams, the Common Council, Board of Public Safety and the Administration, as well as all members of the FOP. She indicated that for the first time there was a retired officer on the negotiating team. Council Member Ladewski indicated this was the fourth negotiating team he had served on and it was one of the most professional and dedicated. Council Member Luecke thanked all City employees and indicated that because of them they were able to work through negotiations and give this type increase. Corporal Leszcz indicated their main goal was to provide for the retirees, and we got what we wanted. Tom Grant, a police retiree, thanked the FOP and the City committee. He indicated it was an honor and privilege to be on the Committee. Joyce Boaler, 1606 Hillsdale, indicated the police deserve every penny we can give them. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Duda. The motion carried. BILL NO. 77 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2 -151 OF THE SOUTH BEND MUNICIPAL CODE TO DESIGNATE ADDITIONAL AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC DEVELOPMENT TARGET AREA, AND AMENDING SECTION 2 -76.1 TO ADD ADDITIONAL AREAS TO THE TAX ABATEMENT IMPACT AREA (TAIA). 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. Kathleen Cekanski - Farrand, Council's attorney, made the presentation for the bill. She indicated this bill will change the legal description to enlarge the Central Business District. She indicated it was in the best interests of the City to pass this bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. 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: City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chamber on the fourth floor of the County -City Building at 7:47 p.m., with Council President Puzzello presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8522 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1129 HICKORY ROAD IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 8523 -94 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING TO AND MAKING CERTAIN OTHER REVISIONS TO THE ZONING ORDINANCE. 2016 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 Washington. The motion carried. Council Member Sean made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 8524 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING CERTAIN DORMANT FUNDS AND TRANSFERRING THE BALANCES THEREIN TO THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 8525 -94 AN ORDINANCE FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR THE CALENDAR YEARS 1995, 1996, AND 1997. 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 Washington. The motion carried. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 8526 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2 -151 OF THE SOUTH BEND MUNICIPAL CODE TO DESIGNATE ADDITIONAL AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC DEVELOPMENT TARGET AREA, AND AMENDING SECTION 2 -76.1 TO ADD ADDITIONAL AREAS TO THE TAX ABATEMENT IMPACT AREA (TAIA). This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed on a roll call vote of nine ayes. RESOLUTIONS Council Member Slavinskas made a motion to combine public hearing on the next two resolutions, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2159 -94 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 4075 RALPH JONES DRIVE, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR JAMES AND LINDA TESKE. 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 4075 Ralph Jones Drive, South Bend, Indiana, and which is more particularly described as follows: Lot numbered five (5) as shown on the recorded Plat of Toll Road Industrial Park, Section Three, recorded June 5, 1987 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 8717304. and which has Key Number 4- 1013 -0223 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 1. 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. 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. G. That the area is located in an Economic Development Target Area designated as such under Indiana Code 6 -1.1- 12.1 -7. 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 ten (10) 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/ Ann Puzzello Member of the Common Council RESOLUTION NO. 2160 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 4075 RALPH JONES DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR JAMES AND LINDA TESKE 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 4075 Ralph Jones Drive, South Bend, Indiana, and which is more particularly described as follows: Lot numbered five (5) as shown on the recorded Plat of Toll Road Industrial Park, Section Three, recorded June 5, 1987 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 8717304. and this property has Key Numbers 4- 1013 -0223, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et seg.; 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 sea., and South Bend Municipal Code Sections 2 -76 et seg. 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 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/ Ann Puzzello Member of the Common Council A public hearing was held on the resolutions at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on these resolutions and recommended them to the Council favorable. George Herendeen, attorney, made the presentation. He indicated the petitioners have been in business, as Apollo Machine, Inc., for over nine years. He indicated they have outgrown their present location and proposed to build a new facility in the Toll Road Industrial Park. He indicated that the personal property abatement would be for new equipment. Council Member Coleman made a motion to adopt Resolution No. 2058 -94, seconded by Council Member Luecke. The resolution passed by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 2059 -94, seconded by Council Member Coleman. The resolution passed by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 76 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING A HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 520 EAST COLFAX AVENUE, 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 Luecke. The motion carried. BILL NO. 79 -84 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 set this bill for public hearing and third reading on August 8, and refer it to the Parks and Recreation Committee, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Council Member Slavinskas made a motion to set Bill Nos. 59, 63, 70, 73 and 74 -94 for public hearing and third reading on August 8, and refer it to the Zoning and Vacation Committee, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR Tom Brademas, 425 N. Michigan, spoke regarding office space in the downtown area. He indicated there was no need to build two new office buildings, since there was already too many empty offices downtown. He indicated the developers also want the taxpayers to provide a pedestrian plaza and a parking garage. He indicated the City should take another look at this project. 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 Ladewski. The motion carried and the meeting was adjourned at 8:03 p.m. ATTEST: City Clerk u ATTEST: ON' ' /�i►.. i ,/ 204'