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HomeMy WebLinkAbout08-22-94 Council Meeting MinutesREGULAR MEETING AUGUST 22. 1994 Council Chambers of the County -City Building on Monday, August 22, 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 August 8 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 August 8, 1994, meeting be accepted and placed on file, seconded by Council Member Duda. The motion carried. REPORTS OF CITY OFFICES Carl Littrell, director of engineering, reported on the Good Neighbors /Good Neighborhoods program. He indicated approximately 1,894 homeowners have applied for the program, and they hope to upgrade 700 homes by the time the program ends in October. He indicated the homeowners have to pay 40 or 50 percent of the cost of repairs, depending on financing, and only 16 have chosen not to participate after finding out the cost. He indicated only homeowners who actually live in the house where the work is proposed qualify. He introduced several employees from his department that are working on the project. 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 on August 22, at 7:14 p.m., with nine members present. Council Member Kelly presiding. BILL NO. 78 -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 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 Annexation Committee had met on this bill and recommended it to the Council favorable. John Oxian, President of the Historic Preservation Commission, made the presentation for the bill. He indicated that the Commission recommends this house be declared a local landmark. He indicated a representative from Historic Landmark Foundation of Indiana, who own the house will give you more history. Adrienne Fine, field coordinator, for Historic Landmark Foundation, indicated they supported the landmark designation for this house. He indicated the house was built in 1888 and was sold to Henry Prost in 1900. He indicated the Foundation purchased and moved the house to its present location, and after complete renovation it will be a showcase. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 81 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1809 AND 1815 EAST IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA. Council Member Luecke made a motion to continue this bill until September 26, seconded by Council Member Zakrzewski. 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 Coleman made a motion to continue this bill until September 12, at the request of the petitioner, seconded by Council Member Duda. The motion carried. BILL NO. 80 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH - SOUTH ALLEY EAST OF S. SUNNYSIDE AVENUE FROM THE NORTH RIGHT -OF -WAY LINE OF E. BELMONT AVENUE TO THE SOUTH RIGHT -OF -WAY LINE OF E. SOUTH STREET FOR A DISTANCE OF APPROXIMATELY 222.5 FEET AND A WIDTH OF 14 FEET. PART SITUATED IN WHITCOMB AND KELLER'S SUNNYMEDE THIRD X13 ADDITION TO 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 Luecke reported that the Public Works and Property Vacation Committee had met on this bill portion of the alley, with seven small children, and they were requesting this closure for safety reasons. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. 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: hC -a�irm n a Be it remembered that the Common Council of t1je City of South Bend reconvened in the Council Chamber on the fourth floor of the County -City Building at 7:21 p.m., with Council President Puzzello presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8531 -94 AN ORDINANCE 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 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. ORDINANCE NO. 8532 -94 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF S. SUNNYSIDE AVENUE FROM THE NORTH RIGHT -OF -WAY LINE OF E. BELMONT AVENUE TO THE SOUTH RIGHT -OF -WAY LINE OF E. SOUTH STREET FOR A DISTANCE OF APPROXIMATELY 222.5 FEET AND A WIDTH OF 14 FEET. PART SITUATED IN WHITCOMB AND KELLER'S SUNNYMEDE THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. 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 2165 -94 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 301 N. MAIN STREET, 211 W. LASALLE, SOUTH BEND, INDIANA 46601 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR RELAXATION, INC. D /B /A/ LA -Z -BOY FURNITURE GALLERIES. 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 3605 West Cleveland Road, South Bend IN, and which is particularly described as follows: LOTS 214, 215 & 216 IN THE ORIGINAL TOWN (NOW CITY) OF SOUTH BEND, AS RECORDED IN THE RECORDS OF ST. JOSEPH COUNTY, INDIANA EXCEPTING: BEGINNING AT A POINT 83.60 FT. WEST OF THE N.E. CORNER OF SAID LOT #214; THENCE EAST ALONG THE NORTH LINE OF SAID LOT, 83.60 FT.; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT, 33.00 FT.; THENCE, WEST, 83.60 FT. TO A POINT WHICH IS 32.85 FT. SOUTH OF THE POINT OF BEGINNING; THENCE, NORTH, 32.85 FT. TO THE POINT OF BEGINNING. with said real estate having the following Key No. 18 -1008 0290 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 Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the REGULAR MEETING AUGUST 22, 1994 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 tax deduction for a period of ten (10) 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 se g. 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 /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Tom Walz, president of Relaxation, made the presentation. He indicated they were completely renovating the building, and the grand opening will be September 8. He indicated they had considered moving to Grape Road, however, the granting of tax abatement encouraged them to stay in downtown South Bend. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2166 -94 A RESOLUTION AMENDING RESOLUTIONS NO. 2146 -94 AND NO. 1956 -92 TO REPLACE "AUCILLA INCORPORATED" WITH "DAFIR REALTY" AS THE NAMED PROPERTY OWNER FOR REAL PROPERTY TAX ABATEMENT PURPOSES. WHEREAS, the Common Council of the City of South Bend, Indiana, adopted Resolutions No. 2146 -94 and No. 1956 -94, extending real property tax abatement for six (6) year period of a parcel commonly known as 3333 North Kenmore, South Bend, Indiana as more particularly described therein; and WHEREAS, the application for said tax abatement was mae in the name of Dafir Realty, which is the legal owner of the real estate in question; and WHEREAS, the property tax abatement resolutions were granted in the name of Aucilla incorporated, the lessee of the real property; and WHEREAS, it is the desire of the Common Council to correct said resolutions to reflect the true owner of the real property; NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend; Indiana, as follows: SECTION I. The Common Council hereby amends Resolutions No. 2146 -94 and No. 1956- 92 by striking the words "Aucilla Incorporated" wherever they appear therein and replacing in lieu thereof " Dafir Realty." 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/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, indicated that in 1992 a real property tax abatement was adopted pursuant to an application of behalf of Dafir and the resolution incorrectly described the project as that of Aucilla. He indicated Aucilla is the party that leases the real estate from Dafir. He indicated his resolution would correct the technical defect. 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. RESOLUTION NO. 2167 -94 A RESOLUTION AMENDING RESOLUTION NO. 1962 -94 AND RESOLUTION NO. 1963 -92, DESIGNATING AND CONFIRMING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 WEST TUCKER DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., INC., IN ORDER TO CORRECT ERRORS IN THE DESCRIPTION OF THE ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., INC., IN ORDER TO CORRECT ERRORS IN THE DESCRIPTION OF THE ECONOMIC REVITALIZATION AREA. WHEREAS, the Common Council of the City of South Bend, Indiana, adopted Declaratory Resolution No. 1962 -92 designating certain areas within the City commonly known as 2722 West Tucker Drive as an Economic Revitalization Area; and WHEREAS, Resolution No. 1963 -92 confirmed the adoption of a Declaratory Resolution designating certain areas within the City of South Bend, Indiana, commonly known as 2722 West Tucker Drive to be an Economic Revitalization Area for purposes of a ten (10) year real property tax abatement for Steel Warehouse Co., Inc.; and WHEREAS, said Declaratory Resolution and said Confirmatory Resolution contained errors in the description of the property designated as a Economic REM REGULAR MEETING AUGUST 22, 1994 Revitalization Area; and WHEREAS, the Common Council for the City of South Bend, Indiana, desires to correct said errors; NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Declaratory Resolution No. 1962 -92 and Confirmatory Resolution No. 1963 -92 are hereby deemed amended by substituting, in lieu of the description of the property declared.an Economic Revitalization Area therein, the following description: The area commonly known as 2722 West Tucker Drive and which is more particularly described as follows: A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty -Seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the North and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along aid North line to the West line of said Section Fifteen (15); thence North along said West line One Hundred Twenty -eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from and parallel to the original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to and Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right -of -way, Seven Hundred Twenty -seven and One One Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter of (1/4) of Section Fifteen (15); thence Southerly along said East line One Hundred Ninety -nine and Eighty -six Hundredths (199.86) feet; more or less to the South line of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section 15); thence East along said South line Six Hundred Sixty -three and Fifty -two Hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East wide thereof for purposes of a public highway. With said real estate having the following Key No. 18- 8075 -2842 SECTION II Declaratory Resolution No. 1962 -92 and Confirmatory Resolution No. 1963 -92 are hereby reconfirmed in all other respects. SECTION III. This Resolution shall be in full force, effective as of the dates of Declaratory Resolution No. 1962 -92 and Confirmatory Resolution No. 1963 -92. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated when the two resolutions were adopted in 1992 for Steel Warehouse there was an error in the legal description, this resolution corrects this error. 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, FIRST READING BILL NO. 82 -94 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, 1995. This bill had first reading. Council Member made a motion to set this bill for public hearing on September 12, and third .reading on September 26, seconded by Council Member The motion carried. BILL NO. 83 -94 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1995, AND ENDING DECEMBER 31, 1995, 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 set this bill for public hearing on September 12, and third reading on September 26, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 84 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF REGULAR MEETING AUGUST 22, 1994 THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1995, AND ENDING DECEMBER 31, 1995, 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 set this bill for public hearing on September 12, and third reading on September 26, seconded by Council Member Coleman. The motion carried. BILL NO. 85 -94 A BILL MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 8396 -93 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEARS 1994 AND 1995. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing and third reading on September 12, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill Nos. 71 and 72 -94 for public hearing and third reading on September 12, seconded by Council Member Luecke. The motion carried. 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 Zakrzewski. The motion carried and the meeting was adjourned at 7:37 p.m. ATTEST: b 6_� City Clerk ATTEST: 1 4 nt