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HomeMy WebLinkAbout04-08-91 Council Meeting Minutes183 REGULAR MEETING APRIL 8, 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, April 8, 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 March 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 March 25, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Council Member Puzzello made a motion to hold one meeting in May, May 20, at 7:00 p.m., seconded by Council Member Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. The motion carried COMMITTEE OF THE Be it remembered Committee of the Chairman Duda pri BILL NO. 13 -91 WHOLE that the Common Council of the City of South Bend met in the Whole on April 8, 1991 at 7:05 p.m., with nine members present. :siding. A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1112, 1118, 1122 SOUTH 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 reported the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, indicated this proposed zoning was approved by Area Plan. William Langley, of Joseph Dzierla & Associates, made the presentation for the bill. He indicated the petitioners, doctors in the River Park area, wanted to stay in River Park and increase their staff to five doctors. Council Member Soderberg made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 19 -91 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF FRANCES STREET, RUNNING SOUTH FROM CEDAR STREET FOR A DISTANCE OF APPROXIMATELY 102.65 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF CEDAR STREET, ALL IN HULL'S SUBDIVISION. 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 the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Christopher Matteo, Petitioner, made the presentation for the bill. He indicated this alley vacation would allow for completion of Phase II of the construction for Lafayette Square Townhomes. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 21 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED CONTRACTORS REGISTRATION REQUIREMENTS. Council Member Luecke made a motion to continue public hearing and third reading on this bill until April 22, seconded by Council Member Ladewski. The motion carried. BILL NO. 22 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF NEW ARTICLE 2 ENTITLED "PUBLIC SAFETY REQUIREMENTS FOR RESIDENTIAL SWIMMING POOLS ", AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 COMMONLY KNOWN AS "SCHEDULE OF ORDINANCE AND CODE VIOLATIONS. r82 REGULAR MEETING APRIL 8, 1991 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 Soderberg reported that the Public Safety Committee had met on this bill and recommended it to the Council favorable. Council Member Puzzello made the presentation for the bill. She indicated this bill would incorporate safety regulations for all individuals who are owners, tenants, or occupants of a building where a residential swimming pool is located; it would require safety ladders, requirements when such ladders should be locked and barriers. She indicated this bill would effect all pools containing 48" or more of water at any point. She indicated the barrier must be 48" or more around the pool on all sides, and above ground pools shall constitute compliance with the barrier. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 23 -91 A BILL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "VEHICLES AND TRAFFIC." 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 Soderberg reported that the Public Safety Committee had met on this bill and recommended it to the Council favorable. Terry Coleman, Administration and Finance, made the presentation for the bill. He indicated this bill allows for a contract with private enforcement service to issue parking violations. Mike Seitz, Chamber of Commerce, Carter Wolff, Director of Center City Associates, and Ron Goodwin, Insty- Print, spoke in favor of this bill. Council Member Soderberg made a motion to recommend this bill to the Council favorable, seconded By Council Member Coleman. The motion carried. Council Member Luecke made a motion to combine public hearing on the next two bills, seconded by Council Member Coleman. The motion carried. Council Member Luecke made a motion to amend Bill No. 25 -91 on page 4, by replacing the word "resolution" with "ordinance ", seconded by Council Member Coleman. The motion carried. BILL NO. 24 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE PARKING GARAGE FUND 601 OF SOUTH BEND, INDIANA FOR THE YEAR 1991. BILL NO. 25 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING PARKING RATES FOR PARKING GARAGES AND PARKING LOTS OPERATED BY THE BOARD OF PUBLIC WORKS OF 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 Puzzello reported that the Personnel and Finance committee had met on these bills and recommended them to the Council favorable. Terry Coleman, Administration and Finance, made the presentation for the bill. He indicated Bill No. 24 -91 transferred funds among various accounts in order to contract for private enforcement of the City's parking ordinances. He indicated Bill No. 25 -91 approves rates charged at parking garages and lots operated by the City; and amends the charge made for after hours parking, which previously has been referred to a the "special event" rate. Council Member Niezgodski made a motion to recommend Bill No. 24 -91 to the Council favorable, seconded by Council Member Ladewski. The motion carried. Council Member Niezgodski made a motion to recommend Bill No. 25 -91 to the Council favorable, as amended, seconded by Council Member Ladewski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Soderberg made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: /mob- 'z"" -_,-✓ City Clerk REGULAR MEETING RECONVENED ATTEST: tai hairy an 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 7:40 p.m. Council President Niezgodski presiding and nine members present. BILLS, THIRD READING ORDNANCE NO. 8176 -91 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1112, 1118, 1122 SOUTH 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 Coleman. The bill passed by a roll call vote of nine ayes. 18e, REGULAR MEETING APRIL 8, 1991 ORDINANCE NO. 8177 -91 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF FRANCES STREET, RUNNING SOUTH FROM CEDAR STREET FOR A DISTANCE OF APPROXIMATELY 102.65 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF CEDAR STREET, ALL IN HULL'S SUBDIVISION. This bill had third reading. Council Member Slavinskas made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8178 -91 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF NEW ARTICLE 2 ENTITLED "PUBLIC SAFETY REQUIREMENTS FOR RESIDENTIAL SWIMMING POOLS ", AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 COMMONLY KNOWN AS "SCHEDULE OF ORDINANCE AND CODE VIOLATIONS. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8179 -91 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "VEHICLES AND TRAFFIC." This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Ladewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8180 -91 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE PARKING GARAGE FUND 601 OF SOUTH BEND, INDIANA FOR THE YEAR 1991. This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of eight ayes and one nay (Council Member Slavinskas.) ORDINANCE NO. 8181 -91 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING PARKING RATES FOR PARKING GARAGES AND PARKING LOTS OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Luecke made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Duda. 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. RESOLUTION 91 -26 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 113 EAST WAYNE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT. Council Member Luecke made a motion to continue public hearing on this resolution until April 22, seconded by Council Member Slavinskas. The motion carried. RESOLUTION NO. 8156 -91 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 22255 WEST CLEVELAND ROAD, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR AE PISTON PRODUCTS, INC. 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 22255 West Cleveland Road, South Bend, Indiana, which is more particularly described as follows: A tract of land in part of the East half of Section 21, township 38 North, Range 2 East, 2nd P.M. St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the East -West Half section line of said East Half North 88 degrees 53 minutes 36 seconds East 915.58 feet from the center of said Section 21; thence North 0 degrees 56 minutes 57 seconds West 338.80 feet; thence North 88 degrees 53 minutes 36 seconds East, parallel with the East -West half section line of said Section, 800.00 feet; thence South 0 degrees 56 minutes 57 seconds East 1726.13 feet; thence northwesterly 550.14 feet along an 184 REGULAR MEETING APRIL 8, 1991 arc to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of North 54 degrees 36 minutes 59 seconds West and a distance of 549.80 feet; thence North 51 degrees 05 minutes 08 seconds West 465.22 feet; thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East -West half section line of said East half the point of beginning, and containing 26.203 acres, more or less. be designated as a Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et seg., and South Bend Municipal Code Sections 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 seg., 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 REGULAR MEETING APRIL 8, 1991 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 can be reasonably expected to result from the proposed installation of new 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 Statement 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 abatement and hereby makes such a designation. 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 IX. 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 the Human Resources Committee had met on this resolution and recommended it to the Council favorably. George Huffman, Vice President of A. E. Piston, made the REGULAR MEETING APRIL 8, 1991 business and 29 new jobs will be created. 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 91 -28 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 4622 BURNETT DRIVE SOUTH, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR SM.OR. CASES, INC. Council Member Luecke made a motion to continue public hearing on this resolution until April 22, seconded by Council Member Soderberg. The motion carried. PRIVILEGE OF THE FLOOR Ralph Johnson, 734 Cushing, spoke regarding vacant land and buildings owned by Redevelopment. 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 Soderberg. The motion carried and the meeting was adjourned at 7:58 p.m. ATTEST: City Clerk 15�-e 24-4 1 s