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HomeMy WebLinkAbout09-10-90 Council Meeting Minutes82 i ZUU .A_K NLLTINU SEPTEMBER 10, 1990 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, September 10, 1990, at 7:0 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Voorde 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 27, 1990 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Thomas Zakrzewski /s/ Ann Puzzello Council Member Coleman made a motion that the minutes of the August 27, 1990, meeting of the Council be accepted and placed on file, seconded by Council Member Voorde. The motion carried. SPECIAL BUSINESS 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 September 10, 1990, at 7:05 p.m., with nine members present. Chairman Coleman presiding. BILL NO. 45 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2016 EAST EDISON 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. Council Member Slavinskas stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable. Bob Sante, Assistant Director Area Plan Commission, gave the staff report. Council Member Niezgodski made the presentation on the bill. He indicated that the petitioner is requesting a zone change to allow for commercial development compatible with surrounding uses. Council Member Voorde made a motion to recommend this bill to Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 55 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 210 NORTH IRONWOOD DRIVE, 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 stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable. Bob Sante, Assistant Director Area Plan Commission, gave the staff report. Kevin Butler, Attorney, 100 E. Wayne St., made the presentation on the bill. He indicated that the zone change would allow for the construction of an additional office building. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried BILL NO. 59 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1930 E. EDISON 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. Council Member Slavinskas stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable. Bob Sante, Assistant Director Area Plan Commission, gave the staff report. John Firth, Attorney for Jimmy L. Wyant, property owner, made the presentation on the bill. He indicated that the rezoning would allow for the construction of professional offices. He read into the record a letter from his client, To Whom It May Concern: I, Jimmy L. Wyant do authorize John Firth, Attorney At Law, to represent me in the matter of rezoning the property at 1930 E. Edison Rd., South Bend, IN 46617. He also filed with the City Clerk's Office petitions in favor of the rezoning. John Hupp, 19950 Kern Rd., spoke in favor of the bill. He stated that he is personnel consultant and that he and Mr. John Davenport, are going to be sharing the office complex at 1930 E. Edison Rd. John Davenport, 19205 Summers Dr., spoke in favor of the bill. He stated that he is an insurance agent for State Farm. He indicated that he is relocating his office due to construction work and the widening of S.R. 23. Mark Harmon, 7210 Harbor Island Dr, Indianapolis, IN spoke in favor of the bill. He represents State Farm Insurance Company Neighborhood Office Program. He stated that he inspects all offices located in residential neighborhoods. He indicated that he currently has 275 offices in a two state area. Council lJ E EMIR) Dow V:4 4t:. e • e Member Zakrzewski, made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 72 -90 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO VACATE THE 1ST EAST -WEST ALLEY SOUTH OF MISHAWAKA AVENUE, RUNNING EAST FROM 20TH STREET TO IRONWOOD DRIVE FOR APPROXIMATELY 565 FEET IN DUNN`S 1ST ADDITION WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Council Member Slavinskas made a motion to continue this bill to the October 22, 1990 meeting of the Council, seconded by Council Member Soderberg. The motion carried. BILL NO. 32 -90 AN ORDINANCE OF THE CITY OF SOUTH BEND AMENDING CHAPTER 21, ARTICLE 1, SECTION 21 -1 (A) (112) OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND ADDRESSING THE DEFINITION OF SWIMMING POOL. Council Member Puzzello made a motion to strike this bill, seconded by Council Member Soderberg. The motion carried. BILL NO. 73 -90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 6, ARTICLE 3, SECTION 6 -7.1 ENTITLED "DEVELOPMENT DESIGN REVIEW COMMITTEE." This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Richard Nussbaum, City Attorney made the presentation on the bill. He indicated that he is making the presentation for Kathleen Cekanski - Farrand, City Council Attorney, due to the illness of her husband. He indicated that the bill amends the code to read that the Chairperson of the Development Design Review Committee is actually the Director of Redevelopment as opposed to the Director of Economic Development. Council Member Slavinskas made a motion to amend this bill, seconded by Council Member Voorde. Council Member Coleman made a motion to recommend this bill favorable as amended, seconded by Council Member Luecke. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Puzello made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED %,�avL, Chai man 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 7:30 p.m. Council President Zakrzewski presiding and nine members present. BILLS. THIRD READING ORDINANCE NO. 8121 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2016 EAST EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Soderberg. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8122 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 210 NORTH IRONWOOD DRIVE, IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8123 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1930 E. EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA. 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 Niezgodski made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of seven ayes and two nays (Council Members Coleman and Luecke.) ORDINANCE NO. 8124 -90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 6, ARTICLE 3, SECTION "DEVELOPMENT DESIGN REVIEW COMMITTEE." This bill had second reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Niezgodski. The motion carried. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote nine ayes. RESOLUTIONS RESOLUTION NO. 1803 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORS RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 117 EAST WAYNE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR CATERING BY BILLIE, INC. 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 117 East Wayne and which is more particularly described as follows: A part of the Northwest Quarter of Section 12, Township 37, North, Range 2 East of the Second Principal Meridian, Portage Township, City of South Bend, Indiana being a part of Lots 50, 51, and 52 of Original plat of South Bend, Indiana more particularly described as follows: Beginning at the Intersection of the Westerly right -of -way line of St. Joseph Street (85' right -of -way) with the North right -of -way line of Wayne Street (82.5' right -of -way); thence South 89 Degrees 38 Minutes 12 seconds west (bearing assumed) along the North right -of -way line of Wayne Street 148.84 feet; thence North 00 Degrees 27 Minutes 00 Seconds West, 186.00 feet; thence North 89 Degrees 39 Minutes 34 Seconds East, 165.61 feet; thence Southwesterly 186.99 feet along a segment of a curve to the right having a radius of 912.43 feet, subtended by a chord having a bearing of South 04 Degrees 42 Minutes 19 Seconds West and a length of 186.99 feet to the point of Beginning and containing 29,835.05 square feet (0.6849 acre) more or less and is subject to easements, restrictions, limitations, and /or covenants of record; a part of said space which is commonly known as Retail Space No. 1 as depicted on the attached architectural drawing which is attached hereto and labeled "Exhibit All and as depicted on "Exhibit All on the Declaratory Resolution No. 1802 -90 1 as an Economic Revitalization Areal, 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 herby 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 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 three (3) years. 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. Member of the Common Council A public hearing was held on the resolution at this time. Jon Hunt, Director Economic Development made the presentation on the resolution. He indicated that the resolution is for Catering By Billie, Inc. He stated that the building is owned by the Redevelopment Authority and going to be leased by the above mentioned company. Council Member Luecke made a motion that there is to be a correction in the legal description and the words "a part of said space" shall be inserted after the words and /or covenants of record;, seconded by Council Member Voorde. The motion carried. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 74 -90 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF JEFFERSON STREET, FROM THE WEST LINE OF FRANCES STREET RUNNING WEST FOR A DISTANCE OF APPROXIMATELY 165 FEET TO THE EAST LINE OF THE FIRST INTERSECTING NORTH -SOUTH ALLEY WEST OF FRANCES STREET ALL IN BARMAN'S SUBDIVISION OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing September 24, 1990, seconded by Council Member Slavinskas. The motion carried. BILL NO. 75 -90 A BILL APPROPRIATING $20,812 TO VARIOUS ACCOUNT WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing September 24, 1990, seconded by Council Member Voorde. The motion carried. BILL NO. 76 -90 A BILL OF THE SOUTH BEND COMMON COUNCIL APPROPRIATING FUNDS FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND. This bill had first reading. Council Member Niezgodski made a motion to set this bill for second reading and public hearing September 24, 1990, seconded by Council Member Coleman. The motion carried. BILL NO. 77 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA; AMENDING CHAPTER 14 OF THE MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 2 ENTITLED "PUBLIC SAFETY REQUIREMENTS FOR ABOVE- GROUND SWIMMING POOLS." This bill had first reading. Council Member Puzzello made a motion to send this bill to the Public Safety Committee, seconded by Council Member Slavinskas. The motion carried. BILL NO. 78 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 COMMONLY KNOWN AS "SCHEDULE OF ORDINANCE AND CODE VIOLATIONS." This bill had first reading. Council Member Coleman made a motion to send this bill to the Personnel & Finance Committee, seconded by Council Member Slavinskas. The motion carried. UNFINISHED BUSINESS NEW BUSINESS PRIVILEGE OF THE FLOOR 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 Duda. The motion carried and the meeting was adjourned at 8:20 p.m. ATTEST: CiCler /Y✓ APPROVED: President