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HomeMy WebLinkAbout03-11-91 Council Meeting Minutes169 REGULAR MEETING MARCH 11, 1991 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, March 11, 1991, 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, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Duda, Coleman 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 February 25, 1991 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Tom Zakrzewski /s /Don Niezgodski Council Member Coleman made a motion that the minutes of the February 25, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Council President Niezgodski reported that Ruth Shirk, Reddie Cogdell, Walter Szostakowski, and Charles Rhoades had been reappointed to the Older Adults Council. Len Lieber, 1614 Kevin Ct., representing "The Company ", said they planned to hold a musical revue at Battell Center the next two weekends. He indicted proceeds would be used to renovate the center. RESOLUTION NO. 1847 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING ALL ALLIED FORCES WHO PARTICIPATED IN THE PERSIAN GULF WAR AND COMMENDING ALL RESIDENTS OF SOUTH BEND WHO PROUDLY SHOWED THEIR SUPPORT FOR OUR TROOPS. WHEREAS, after six weeks of war in the Persian Gulf, a cease -fire is in effect and our troops are starting to come home; and WHEREAS, under the leadership of Operation Desert Storm commander General H. Norman Schwarzkopf, Iraq's best forces were defeated and devastated; and WHEREAS, as President Bush stated "this is a victory for the United Nations, for all mankind, for the rule of law and for what is right ";and WHEREAS, as General Schwarzkopf stated "It was a great coalition of people, all of whom did a fine job "; and WHEREAS, the Common Council believes that those people include the many thousands of South Bend residents who showed their support in a myriad of ways, from outright patriotism of flying "Old Glory" day and night, to the many, many silent prayers for peace; and WHEREAS, support of our troops challenged individuals to sell T- shirts, sweatshirts, yellow ribbons and stars and stripes; it challenged us to write and sing songs; to march; to pray; to share quiet moments together with friends and family - all for the greater good of mankind and a lasting peace. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. On behalf of all of the citizens of South Bend, Indiana, the Common Council humbly and proudly salutes all men and women of the Allied Forces who brought victory and a new era of peace in the Persian Gulf. SECTION II. The Common Council commends the thousands of South Bend residents who in their own special way showed their support for our troops, and especially for our own residents serving on behalf of our country in Operation Desert Storm. SECTION III. The Council salutes all who paid the ultimate sacrifice for freedom, and asks all citizens to rededicate their lives to "thirst for peace" in our lifetime, and in that of our grandchildren. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Stephen Luecke s/ Ann Puzzello Stephen Luecke, First District Ann Puzzello, Fourth District 170 REGULAR MEETING MARCH 11, 1991 , At Large /s/ Linas Slavinskas Linas Slavinskas, Fifth District /s/ Thomas Zakrzewski Thomas Zakrzewski, Sixth District /s/ Loretta Duda Loretta Duda, At Large /s/ Eugene Ladewski Eugene Ladewski, At Large A public hearing was held on the resolution at this time. Council Member Soderberg made the presentation for the resolution. He indicated this was a war that none of us wanted, but it was necessary to take action. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by alroll call vote of nine ayes. REPORTS OF CITY OFFICES John Leszczynski, City Engineer, made a report on the Bowman Creek flooding. He indicated that the Auten and Phillips Ditches meet south of the City to form the creek, and the limited size of a bridge, culverts and other construction along the creek limits the runoff and the water backs up and floods the homes in the area. He indicated there could be a leries of water retention basins constructed to regulate the flow, or the effected homes could be demolished, in order the widen the creek. He said the City is working1with the State Emergency Management Agency to try and secure funds. He said the City has also applied to the Build Indiana Fund, however, it was doubtful they would deceive any funds from this source. He indicated the County has agreed to let the City divert some water into a farm field near Jackson and Logan. l Council Member Soderberg made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. 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 March 11, 1991 at 7:50 p.m., with nine members present. Chairman Duda presiding. BILL NO. 3 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 261 FT. NORTH OFITHE NORTHWEST CORNER OF BENDIX DRIVE AND ELWOOD AVENUE IN THE CITY OF SOUTH BEND, INDIANA, FOR SAM ENTERPRISES CORPORATION. This being the time heretof and opponents were given an a motion to accept the subs Council Member Zakrzewski. that the Zoning and Vacatio favorable. John Byorni, Ar amended. Mike Danch, a rep presentation for the bill. retail center, and a 50,000 portion of the site for gar Member Niezgodski made a mo amended, seconded by Counci BILL NO. 6 -91 A BILL This being the time heretof and opponents were given an a motion to accept the subs Council Member Coleman. Th that the Zoning and Vacatio favorable, as amended. Cou Section II, by adding a new conditioned upon the record industrial zoning use to mi the St. Joseph County Recor Council Member Coleman. Th report, which was favorable bill. He indicated they pl wash and mini storage wareh store would be replaced. C to the Council favorable, a motion carried. re set for public hearing on the above bill, proponents opportunity to be heard. Council Member Slavinskas made itute bill on file with the City Clerk, seconded by The motion carried. Council Member Slavinskas reported Committee had met on this bill and recommended it a Plan, gave the staff report, which was favorable, as esentative of Peirce and Associates, made the He indicated Sam Enterprises is planning a 35,000 foot office complex. He indicated several families use a ens and they would be allowed to continue. Council ion to recommend this bill to the Council favorable, as Member Coleman. ,ING THE ZONING ORDINANCE FOR PROPERTY LOCATED WEST OF PORTAGE AVE. AND DIRECTLY SOUTH OF CLEVELAND INDIANA TOLL ROAD IN THE CITY OF SOUTH BEND, IN. re set for public hearing on the above bill, proponents opportunity to be heard. Council Member Zakrzewski made itute bill on file with the City Clerk, seconded by motion carried. Council Member Slavinskas reported Committee had met on this bill and recommended it cil Member Luecke made a motion to amend the bill in sentence to read: "Said rezoning shall be further ng of a written covenant restricting the light i- warehouses only, with the same being duly recorded in er's office at the petitioner's expense. ", seconded by motion carried. John Byorni, Area Plan, gave the staff Mark Dobson, B &R Oil, made the presentation for the nned to expand the area to have a convenience store, car use operation. He indicated the existing convenience uncil Member Luecke made a motion to recommend this bill amended, seconded by Council Member Slavinskas. The There being no further business to come before the Committee of the Whole, Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Luecke. The motion ,carried. 171 REGULAR MEETING MARCH 11, 1991 ATTEST; City Clerk REGULAR MEETING RECONVENED ATTEST: 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 8:09 p.m. Council President Niezgodski presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8173 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 261 FT. NORTH OF THE NORTHWEST CORNER OF BENDIX DRIVE AND ELWOOD AVENUE IN THE CITY OF SOUTH BEND, INDIANA, FOR SAM ENTERPRISES CORPORATION. This bill had third reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Luecke. The motion carried. Council Member Puzzello made a motion to pass this bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8174 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IMMEDIATELY WEST OF PORTAGE AVE. AND DIRECTLY SOUTH OF CLEVELAND RD. AND THE INDIANA TOLL ROAD IN THE CITY OF SOUTH BEND, IN. 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 Ladewski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1848 -91 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS LOTS 4 -2 IN THE AIRPORT INDUSTRIAL PARK, PHASE III, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX YEAR REAL PROPERTY TAX ABATEMENT FOR JAMES J. LAWLOR AND ROLAND VERONNEAU 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 which is described as follows: Lot 4 -2 Airport Industrial Park, Phase III, St. Joseph County, Indiana. as 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 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 six (6) 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. 172 REGULAR MEETING /s/ Donald Niezgodski Member of the Common Council MARCH 11, 1991 A public hearing was held on the resolution at this time. Council Member Luecke reported that the Human Resources Committee had met on this resolution and recommended it to the Council favorable. He made a motion to amend the resolution in the title and in Section II by changing the period of the abatement to 3 years, seconded by Council Member Zakrzewski. The motion carried. Kevin Butler, attorney, made the presentation for the resolution. He indicated that this most of this facility has now been leased by Pitman- Moore, who plan to use it to warehouse animal pharmaceuticals. Council Member Luecke that Project Future had sent a letter of recommendation for this resolution. Council Member Luecke 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. 1849 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE SOUTHEAST CORNER OF LAPORTE AND COLFAX, AN ECONOMIC REVITALIZATION AREA FOR THE PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR HISTORIC DUNBAR CORNER. 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 the southeast corner of LaPorte and Colfax, South Bend, Indiana, and which is more particularly described as follows: 128 LaPorte: 69 ft on LaPorte Ave S end Lot 7 Dunbars Sub BOL 31 130 -132 LaPorte: Lots 6 &7 65 ft S side mid PT Dunbars Sub BOL 31 136 LaPorte: N 55 ft mid pt Lots 6 & 7 Dunbars Sub BOL 31 146 LaPorte: 3 rds N end Lots 6 & 7 Dunbars Sub BOL 31 910 -912 W. Colfax: it if 906 W. Colfax: Lot 8 38 ft S end Dunbar & Cc Sub Div BOL 31 32 if Ex 38 Ft. S end Lot 8 Dunbars Sub BOL 31 902 W. Colfax: Lot 9 Dunbars Sub BOL 31 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 Section 2 -76 et seq., 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 seq and South Bend Municipal Code Section 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 I.C. 6- 1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed redevelopment or rehabilitation. D. 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 E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 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 prescribe by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -2 of the Indiana Code. SECTION IV. The Common Council hereby accepts the report and recommendation of REGULAR MEETING MARCH 11, 1991 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 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, 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/ Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke reported that the Human Resources Committee had met on this resolution and recommended it to the Council favorable. Council Member Luecke indicated he had discussed his position with South Bend Heritage with the Council attorney, and it was determined that his voting on this bill would not be a conflict of interest. Jeff Gibney, South Bend Heritage Foundation, made the presentation for the resolution. He indicated this would be a low income housing renovation project. He indicated they planned to renovate seven homes as part of a $677,000 project, and rents would be controlled for a 30 year period. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 14 -91 A BILL APPROPRIATING $37,500.00 FROM THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SOUTH BEND HUMAN RIGHTS COMMISSION OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR BEGINNING OCTOBER 1, 1990, AND ENDING SEPTEMBER 30, 1991. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on March 25, seconded by Council Member Ladewski. The motion carried. BILL NO. 15 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1612 SOUTH BEND AVENUE IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Slavinskas made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 16 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED BETWEEN 3425 LINCOLN WAY WEST AND 3427 LINCOLN WAY WEST IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 17 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF JACKSON ROAD AND MIAMI STREET 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. 18 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1001 HICKORY ROAD 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 Zakrzewski. 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 Ladewski. The motion carried and the meeting was adjourned at 8:30 p.m. ATTEST: City Clerk APPROVED: 17