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HomeMy WebLinkAbout09-23-91 Council Meeting MinutesREGULAR MEETING SEPTEMBER 23, 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, September 23, 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 September 9, 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 September 9, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Council Member Zakrzewski made a motion to reappoint Marie Wiseman, Connie Zundal, Max Moffett and Floyd Carter to the Older Adults Council, seconded by Council Member Coleman. 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 September 23, 1991 at 7:08 p.m., with nine members present. Chairman Duda presiding. BILL NO. 44 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH. Council Member Zakrzewski made a motion to continue this bill indefinitely, seconded by Council Member Luecke The motion carried. BILL NO. 73 -91 A BILL AMENDING CHAPTER 16 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 9 ENTITLED RECYCLING PROCEDURES. 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 made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Soderberg. The motion carried. Council Member Soderberg made the presentation for the bill. He indicated this was a unique idea in terms of recycling, since the city would subsidize the program by deducting $1 from the trash bill. He indicated they would have to subscribe to a recycling pickup program or take the recyclables to a dropoff center twice a month. Margaret Wood, 139 E. Ewing, indicated this was a innovative program. Council Member Luecke made a motion to send this bill to the Utilities Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 56 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $25,000.00 FROM THE NEXT DOOR NEIGHBOR PROGRAM FUND. Council Member Luecke made a motion to continue this bill indefinitely, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 59 -91 A BILL AMENDING ORDINANCE NO. 7998 -89 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEARS OF 1990, 1991, AND 1992. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Kernan made the presentation for the bill. He indicated this adjustment to the salary ordinance was for the Commissioner of the Building Department. He indicted the City and County building departments were being combined under one commissioner, which will result in a more efficient services for the City. He indicated this proposed salary was in line with the increased responsibility Council Member Luecke made a motion to A41 recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. BILL NO. 60 -91 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1992, AND ENDING DECEMBER 31, 1992, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. BILL NO. 61 -91 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, 1992. These bills were continued from September 16, in the Council portion of the Committee of the Whole. Council Member Niezgodski asked if the three positions the Council recommended be upgraded were approved. Mayor Kernan indicated there would be no salary adjustments for the coming year. He indicated the salary ordinance would be up for discussion next year and there will be an opportunity to talk about those positions at that time. Council Member Niezgodski asked about extra pay period for the fire and police pensioners. He indicated he recommended the Council attorney join the City Attorney to get an opinion from the State Attorney General. Council Member Luecke made a motion to recommend Bill No. 60 -91 to the Council favorable, seconded by Council Member Coleman. The motion carried. Council Member Puzzello made a motion to recommend Bill No. 61 -91 to the Council favorable, seconded by Council Member Coleman. The motion carried. There being no further business to come before the Committee of the Whole, 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 ATTEST: air 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 8:00 p.m. Council President Niezgodski presiding and nine members present. BILLS. THIRD READING ORDINANCE NO. 8213 -91 AN ORDINANCE AMENDING ORDINANCE NO. 7998 -89 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEARS OF 1990, 1991, AND 1992. 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. 8214 -91 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1992, AND ENDING DECEMBER 31, 1992, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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 the bill, as amended, seconded by Council Member Luecke. The bill passed by a roll call vote of seven ayes and two nays (Council Members Soderberg and Slavinskas.) ORDINANCE NO. 8215 -91 AN ORDINANCE 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, 1992. This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of nine ayes. RESOLUTION NO. 1887 -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 3620 W. MCGILL STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR BANGOR REFRIGERATION BUILDING ADDITION PROJECT. 242 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 3620 W. McGill, South Bend, Indiana, and which is more particularly described as follows: Commencing at the Northeast corner of said Section 28; thence South 9V48'05" West along the North line of said Quarter Section, 1305.00 feet; thence South 00 °00123" West along the centerline of Kenmore Street, 363.70 feet; thence South 09 °59'37" East along said centerline, 486.87 feet to the centerline intersection of Kenmore street and McGill Street; thence South 80°00123" West along the centerline of McGill Street, 303.50 feet; thence North 89 °59'37" West along said centerline, 270.66 feet to the Point of Beginning; thence South 00 °00'00" West, 401.41 feet; thence North 89 °50'37" West, 523.60 feet; thence North 00 °02141" East, 401.40 feet; thence South 89 °59'37" West, 523.23 feet to the Point of Beginning, and containing 4.823 acres more or less and is subject to all easements, restrictions, and or limitations of record. and which has Key Number 25 1010 038519, 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 Sections 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 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 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 description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment of rehabilitation: D. That 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 redevelopment or rehabilitation; E. 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 F. 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 prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. Section IV. The Common Council hereby accepts the report and recommendation of 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 purposed 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 the 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 , _ uI: 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. Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke made a motion to amend this bill in Section VI by adding ten (10), seconded by Council Member Zakrzewski. The motion carried. Council Member Luecke reported the Human Resources Committee had met on this bill and recommended it to the Council favorable. Bob Voss, 24050 Greenfield, a representative of Bangor Refrigeration, made the presentation for the resolution. He indicated they plan to construct a 39,000 foot addition to the existing facility, and thirty new permanent jobs will be created. Council Member Luecke made a motion to adopt the resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. UNFINISHED BUSINESS Council Member Puzzello made a motion to set Bill No. 33 -91 for public hearing and third reading October 14, and refer it to the Zoning and Vacation Committee, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Allen White, 1454 Catherwood, spoke regarding the Human Rights Commission. 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 Coleman. The motion carried and the meeting was adjourned at 8:13 p.m. ATTEST: City Clerk .. U,TE W' c)4