Loading...
HomeMy WebLinkAbout02-24-92 Council Meeting Mniutesr C) L.' REGULAR MEETING FEBRUARY 24, 1992 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, February 24, 1992, 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, Washington, Kelly, 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 10, 1992 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Steve Luecke /s /Loretta Duda Council Member Puzzello made a motion that the minutes of the February 10 and February 3, 1992 meetings of the Council be accepted and placed on file, seconded by Council Member Coleman. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1920 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA COMMENDING PATRICIA DECLERCQ FOR HER TWENTY YEARS OF DEDICATED SERVICE TO THE CITY OF SOUTH BEND. WHEREAS, the Common Council of the City of South Bend, Indiana, proudly recognizes that Patricia DeClercq has worked for the City for the past twenty years; and WHEREAS, the Council notes that she served as Chief Deputy City Clerk from 1972 to 1973, as Clerk to the Board of Public Works and the Board of Public Safety from 1973 to 1980, that she was the Manager of Secretarial Services during the Parent administration, and that since 1986 she has been the Director of the Department of Code Enforcement; and WHEREAS, she has been active in many community organizations such as the Housing Development Corporation, Neighborhood Housing Services Board, Real Services Community Service Advisory Council, the St. Joseph County Democratic Women's Club, and the Business and Professional Women's Club. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and thanks PATRICIA DECLERCQ for her twenty years of dedicated public service to our community. SECTION II. The Common Council publicly acknowledges Pat's many contributions to our City and sends our sincere appreciation for being on the "front line" in dealing with the public. SECTION III. The Council sincerely wishes PATRICIA DECLERCQ continued success, and wishes her and her husband Roger, many years of enjoyment and opportunity. 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. Stephen Luecke Cleo Washington Roland Kelly Sean Coleman Ann Puzzello Linas Slavinskas Thomas Zakrzewski Loretta Duda Eugene Ladewski Irene K. Gammon, City Clerk Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Duda read the resolution, and presented it to Patricia DeClercq, Director of Code Enforcement, who thanked the Council. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. President Luecke announced that Council Member Washington would be the Council representative on the Urban Enterprise Zone, and Conrad Damian would be reappointed to that Board. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Duda. 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 February 24, 1992 at 7:16 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 62 -91 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 802 S. MAIN IN THE CITY OF SOUTH BEND, INDIANA. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council unfavorable. Fred Holycross, Director of Historic Preservation, asked that this bill be continued for 60 day. Council Member Zakrzewski made a motion to continue this bill until April 27, seconded by Council Member Ladewski. The motion carried. BILL NO. 79 -91 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST, SECOND, AND FOURTH EAST -WEST ALLEYS NORTH OF PORTAGE AVENUE LOCATED NEAR FOREST AVENUE AND LELAND AVENUE FOR A TOTAL DISTANCE TO BE VACATED OF 480 FEET. 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 Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on the amended bill and recommended it to the Council favorable. Chris VandenBossche, 721 Forest Ave., made the presentation for the bill. He indicated he was representing the petitioners for this alley vacation. He indicated this was a compromise of the original bill, as a result of a series of neighborhood meetings. He indicated they were requesting this vacation to reduce vehicular and foot traffic in the proposed area. Tom Bullock, 843 Forest, spoke in favor of this vacation. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Slavinskas. The motion carried. BILL NO. 16 -92 A BILL APPROPRIATING $42,706.00 FROM THE 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, 1991 AND ENDING SEPTEMBER 30, 1992. 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 Kelley reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Duda. The motion carried. Beth Leonard, Economic Development, made the presentation for the bill. She explained that this appropriation was on -going program for the Human Rights Commission. Allen White, 1454 Catherwood spoke against the Human Rights Commission. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Washington. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: ✓ City Clerk REGULAR MEETING RECONVENED 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 7:25 p.m. Council President Luecke presiding and nine members present. 9,241 ORDINANCE NO. 8147 =92 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST, SECOND, AND FOURTH EAST -WEST ALLEYS NORTH OF PORTAGE AVENUE LOCATED NEAR FOREST AVENUE AND LELAND AVENUE 04 FOR A TOTAL DISTANCE TO BE VACATED OF 480 FEET. This bill had third reading. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Duda. The motion carried. Council Member Coleman 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. ORDINANCE NO. 8148 -92 AN ORDINANCE APPROPRIATING $42,706.00 FROM THE 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, 1991 AND ENDING SEPTEMBER 30, 1992. This bill had third reading. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Duda. The motion carried. Council Member Coleman 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 NO. 1921 -92 A RESOLUTION OF THE CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1920 N. KENMORE STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR AQUARIUS TOOL & MOLD, 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 1920 N. Kenmore and which is more particularly described as follows: A part of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, City of South bend, St. Joseph County, Indiana described as follows: Commencing at the southeast corner of said quarter section; thence South 0 degrees 07 minutes 29 seconds West 815.52 feet along the east line of said section to the north boundary, extended of Voorde Drive; thence North 89 degrees 40 minutes 09 seconds West 1,288.56 feet along said extended boundary and the north boundary of said Voorde Drive to the east boundary of Kenmore Street (formerly Progress Drive); thence North 0 degrees 18 minutes 51 seconds East 1,260.40 feet along said east boundary, and said east boundary extended, to the point of beginning of this description; thence North 0 degrees 18 minutes 51 seconds East 220.00 feet; thence North 89 degrees 56 minutes 16 seconds East 215.00 feet; thence South 0 degrees 18 minutes 51 seconds West 220.00 feet; thence South 89 degrees 56 minutes 16 seconds West 215 feet to the point of beginning and containing 1.086 acres, more or less. Also, above described lot is subject to a 20 -foot utility easement, the centerline of which is parallel to, and 146.41 feet south of the northern boundary of said lot. Also, said lot is subject to 30 -foot building setback lines adjacent to all above described courses, except the course along the western boundary which is subject to a 60 -foot building setback line. with said real estate having the following Key No. 25 1006 030003, 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 Personal 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 five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. 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/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Dick Parker, a representative of Aquarius, made the presentation. He indicated they were ordering new equipment in order to make them more competitive. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution passed by a roll call vote of nine ayes. RESOLUTION NO. 1922 -92 A RESOLUTION OF THE CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3603 PROGRESS DRIVE, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR AUTOMATIC TECHNOLOGIES, 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 3603 Progress Dr. and which is more particularly described as follows: A tract or parcel of land located in the Southwest Quarter of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, more particularly described as follows; Beginning at a point which is One Hundred Ninety -five and Eighteen Hundredths (195.18) feet North and Eight Hundred Fifty -five and Fifty -four Hundredths (855.54) feet Easterly of the center of said Section 33, said point being on the North line of Progress Drive; thence North 0° 19' 51" East a distance of Four Hundred Sixty -Eight and Seventy -three Hundredths (468.73) feet to the South line of the St. Joseph County Airport; thence South 89° 59' 38" East on and along the South line of said St. Joseph County Airport a distance of Four Hundred Thirty -nine and Ten Hundredths (439.10) feet; thence South 0° 18' 51" West a distance of Four Hundred Seventy and Sixty -five Hundredths (470.65) feet to the North line of Progress Drive; thence North 89° 40' 09" West a distance of Four Hundred Thirty -nine and Seventy -one Hundredths (439.71) feet to the point of beginning. with said real estate having the following Key No. 25 1006 0296, 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 Personal 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 five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. 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/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Dick Parker, a representative of Aquarius, made the presentation. He indicated they were using a new process and needed associated equipment to improve the product and make them more competitive. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1923 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /RECYCLING OPERATIONS AND TRANSFER STATIONS LICENSES FOR THE CALENDAR YEAR 1992. 106 WHEREAS. the Common Council of the City of South Bend recogni es the contributions that operations such as junk /scrap and recycling de lers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk /and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk /and recycling dealers; WHEREAS, in accordance with these rules and regulations, insp ctions of the below listed scrap /junk /and recycling operations have been comp le ed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintena ce and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on Fe ruary 17, 1992, recommended the issuance of licenses for the below listed applica is in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the C ty of South Bend, Indiana, as follows: SECTION I. That the license applications for the following b approved based upon the satisfactory review of the properties by the Department f Code Enforcement and the Fire Department Prevention Bureau, inspections having bee made in February, 1992, and subsequent favorable recommendation by the Board of Pub is Works; A -1 Auto Parts Boliden Metech, Inc. Hurwich Iron Company Inc. Hurwich Iron Company Inc. Hurwich Iron Company Inc. Hurwich Iron Company Inc. North Side Iron & Paper Co. South Bend Baling & Iron South Bend Iron & Metal South Bend Scrap & Processing Div South Bend Scrap & Processing Div South Bend Waste Paper Company Steve & Gene's Auto Truck Sal. Super Auto Salvage Corporation Weaver Truck & Equipment Western Avenue Iron & Metal 2014 S. Lafayette Blvd. 445 N. Sheridan 1610 Circle Ave. 2016 W. Washington 1700 S. Lafayette Blvd. 1602 S. Lafayette Blvd. 3123 S. Gertrude 1420 S. Walnut 429 W. Indiana Ave. 3114 S. Gertrude St. 1305 Prairie Ave. 1519 S. Franklin St. 3109 S. Gertrude 3300 S. Main St. 3123 S. Gertrude St. 3123 S. Gertrude St. SECTION II. 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 J. Luecke Member of the Common Council A public hearing was held on the resolution at this time. Patricia DeClercq, Director of Code Enforcement, made the presentation. She indicated these properties were inspected and they found no violations. Council Member Zakrzewski 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. 17 -92 A BILL APPROPRIATING $64,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing and third reading on March 9, and refer it to the Human Resources Committee, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Slavinskas made a motion to set bill nos. 1, 2, 10 and 14 -92, for third reading on March 9, and refer them to the Zoning and Vacation Committee, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas made a motion to continue Bill No. 80 -91 indefinitely, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Don Niezlodski, 1113 Elliott, spoke in favor of Local Option Tax. Lee Brummit; Joyce Boaler, Hillsdale Rd.; Peggy Rossow; Scott DeCleane, Mishawaka; Allan White, 1454 Catherwood; Linda Petill, 14577 Lindy; Berry Baumgarter, 12032 Timberline Trace; Jeffrey Kale, Fleetwood Lane; Ralph Johnson, 734 N. Cushing and Dale Smith 1402 E. Dayton, spoke against the Local Option Tax. Patricia Slott, 1518 N. Scott, complained that the water works had put in four new meters in the last four years, and something should be done to find out why these meters did not work. 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 Puzzello The motion carried and the meeting was adjourned at 8:15 p.m. ATTEST: APPROVED: City Clerk President