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HomeMy WebLinkAbout06-24-91 Council Meeting Minutes12 REGULAR_ME—ETTN_(3_ �T•,T° 4a 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, June 24, 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 June 10, 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 June 10, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Council Member Slavinskas made a motion to reappoint Emil Resnik to the Board of TRANSPO, seconded by Council Member Zakrzewski. The motion carried. Council Member Coleman 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 June 24, 1991 at 7:05 p.m., with nine members present. Chairman Duda presiding. 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 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 Vacation Committee had met on this bill and recommended it to the Council favorably subject to a final site plan indicating this would be used as office space for professional use. John Byorni, Area Plan, gave the staff report which was favorable. Anthony Zappia, Attorney, made the presentation for the bill. He indicated the highest and best use for this property is for low density office space. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 31 -91 A BILL APPROPRIATING $65,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM. Council Member Luecke made a motion to continue this bill until July 8, seconded by Council Member Zakrzewski. 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. BILL NO. 36 -91 A BILL APPROPRIATING $581,100 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1991 TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT. BILL NO. 37 -91 A BILL APPROPRIATING $127,832 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Luecke reported the Human Resources Committee had met on this bill and recommended it to the Council favorably. Jon Hunt, Director of Economic Development, made the presentation for the bills. He asked that Bill No. 36 -91 be amended under Purpose to reflect West Washington Housing Fund. Council Member Luecke made a motion to amend this bill, seconded by Council Member Coleman. The motion carried. He indicated this bill will appropriate moneys for the final phase of the improvement housing in the Monroe Park neighborhood; housing and public improvements in the West Washington REGULAR MEETING JUNE 24, 1991 neighborhood; emergency repair program; Human Rights activities; and additional repairs to the homes in the 1991 Christmas in April effort. He indicated Bill No. 37 -91 appropriated $22,832 for additional repairs for Christmas in April and $105,000 for a Housing Development Fund to be used in conjunction with the recommendations of the Mayor's Housing Forum. Council Member Luecke made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Zakrzewski. The motion carried. Council Member Puzzello made a motion to recommend this bill to the Council Coleman. the motion carried. BILL NO. 38 -91 A BILL APPROPRIATING $1,302,600.00 FROM THE LOCAL ROAD AND STREET FUND FOR THE 1991 PUBLIC WORKS PROGRAM AND REDUCING APPROPRIATIONS ON VARIOUS CLOSED PROJECTS. -. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski reported the Public Works Committee had met on this bill and recommended it to the Council favorably. John Leszczynski, City Engineer, made the presentation for the bill. He indicated this appropriation would be used for the 1991 paving and public works programs. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. BILL NO. 39 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $100,000 FROM THE EQUIPMENT RENTAL ACCOUNT TO THE MOTOR EQUIPMENT ACCOUNT ALL WITHIN THE CUMULATIVE CAPITAL DEVELOPMENT FUND OF THE CITY OF SOUTH BEND FOR THE YEAR 1991. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Zakrzewski reported that the Public Works Committee had met on this bill and recommended it to the Council favorably. Katherine Humphreys, Controller, made the presentation for the bill. She indicated this transfer would be used to purchase additional motor equipment for the City. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Luecke. The motion carried. BILL NO. 40 -91 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A CUMULATIVE CAPITAL DEVELOPMENT FUND. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Puzzello reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. Katherine Humphreys, Controller, made the presentation for the bill. She indicated it was necessary to re- establish this fund every three years to retain the current rate ceiling. She indicate the purpose of the fund was to provide a method to develop a long range capital plan to purchase equipment and fund capital improvements. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Luecke. The motion carried. There being no further business to Member Zakrzewski made a motion to Council Member Coleman. The motion ATTEST: City Clerk REGULAR MEETING RECONVENED come before the Committee of the Whole, Council rise and report to the Council, seconded by carried. ATTEST: irmy 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 ORDINANCE NO. 8190 -91 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1612 SOUTH BEND AVENUE 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. ORDINANCE NO. 8191 -91 AN ORDINANCE APPROPRIATING $581,100 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1991 TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had third reading. Council Member Coleman made a motion to amend this 214 REGULAR MEETING JUNE 24, 1991 bill, as amended in the Committee of the Whole, seconded by Council Member Luecke. The motion carried. Council member Coleman made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8192 -91 AN ORDINANCE APPROPRIATING $127,832 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had third reading. Council Member Luecke 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. 8193 -91 AN ORDINANCE APPROPRIATING $1,302,600.00 FROM THE LOCAL ROAD AND STREET FUND FOR THE 1991 PUBLIC WORKS PROGRAM AND REDUCING APPROPRIATIONS ON VARIOUS CLOSED PROJECTS. This bill had third reading. Council Member Zakrzewski 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. 8194 -91 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $100,000 FROM THE EQUIPMENT RENTAL ACCOUNT TO THE MOTOR EQUIPMENT ACCOUNT ALL WITHIN THE CUMULATIVE CAPITAL DEVELOPMENT FUND OF THE CITY OF SOUTH BEND FOR THE YEAR 1991. This bill had third reading. Council Member Luecke 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. 8195 -91 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A CUMULATIVE CAPITAL DEVELOPMENT FUND. 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. RESOLUTION NO. 1878 -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 1827 N. BENDIX DRIVE, AND ECONOMIC REVITALIZATION AREA FOR PURPOSES OF 5 (FIVE) YEARS PERSONAL PROPERTY TAX ABATEMENT FOR SOLVAY AUTOMOTIVE SATURN TANK PROJECT. 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 1827 N. Bendix Dr., South Bend, Indiana, which is more particularly described as follows: A parcel of land being part of the Northeast quarter of the southeast quarter of Section 33, Township 38 north, range 2 east, in the City of South Bend, Portage Township, St. Joseph County, Indiana. and this property has Key Number 182184693802, be designated as a 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 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 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 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 15 REGULAR MEETING JUNE 24, 1991 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 that the Human Resources Committee met on this bill and recommended it to the Council favorably. John Sullivan, 2905 Indian Lake Road, Niles, made the presentation for the resolution. He indicated they planned to purchase net equipment to make plastic fuel tanks. He indicated Solvay supplies Ford, Chrysler and G.M. with fuel tanks and is one of the largest manufacturing plans of plastic fuel tanks in the U.S. Council Member Slavinskas indicated he had discussed his company's connection with Solvay, with the Council attorney and since he would not benefit from the action of the Council he could vote on his resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. ig1Q RESOLUTION NO. 8179 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AN APPLICATION FOR THE RENTAL REHABILITATION PROGRAM AND FOR THE SOUTH BEND PUBLIC HOUSING AUTHORITY TO SUBMIT AN APPLICATION FOR SECTION 8 HOUSING SUBSIDY. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for funds made available through the United States Housing Act (the Act). The Rental Rehabilitation Program is authorized by Section 17 of the Act which was enacted into law in Section 301 of the Housing and Urban -Rural Recovery Act of 1983; and WHEREAS, Section 8 of the United States Housing Act of 1937, as amended, authorizes the Housing Authority to develop, own, or assist in housing which is not being provided by the private sector; and WHEREAS, there currently exists in South Bend, Indiana, a need for housing which is not being provided by the private sector; and WHEREAS, the U.S. Department of Housing and Urban Development available funds for such purpose. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana. SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit the Rental Rehabilitation application to the United States Department of Housing and Urban Development. �6 REGULAR MEETING JUNE 24, 1991 SECTION II. That the Common Council hereby authorizes the Housing Authority of the City of South Bend, Indiana, to submit an application to the U.S. Department of Housing and Urban Development for units of housing to be funded by Section 8 of the United States Housing Act of 1937, as amended to be used in conjunction with the Rental Rehabilitation Program. 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/ Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Ted Leverman, asst. director of the Bureau of Housing, made the presentation for the resolution. He indicated this resolution would authorize the mayor to submit an application for the rental rehab program. He indicated South Bend is eligible to receive $37,000 for this program in 1991. 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. 41 -91 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 609 PORTAGE AVENUE 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 Duda. The motion carried. BILL NO. 42 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 ENTITLED "SCHEDULE OF ORDINANCE AND CODE VIOLATIONS ". 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 July 8, seconded by Council Member Coleman. The motion carried. BILL NO. 43 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 10, "SIGN REGULATIONS ". This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Slavinskas. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bills No. 29 -91 and 35 -91 for public hearing and third reading on July 8, and refer them to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Soderberg made a motion to adjourn, seconded by Council Member Puzzello. The motion carried and the meeting was adjourned at 7:57 p.m. ATTEST: APPROVED: City Clerk