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HomeMy WebLinkAbout05-26-92 Council Meeting Mniutes9 ,53 REGULAR MEETING MAY 26, 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, May 26, 1992, at 5:00 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 Absent: Council Member Ladewski 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 April 28, and May 11, 1992, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Stephen Luecke /s /Loretta Duda Council Member Coleman made a motion that the minutes of the April 28, and May 11, 1992 meetings of the Council be accepted and placed on file, seconded by Council Member Duda. 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 May 26, 1992 at 5:08 p.m., with eight members present. Chairman Puzzello presiding. BILL NO. 25 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 18106 IRELAND ROAD 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 favorable. John Byorni, Area Plan, gave the staff report, which was favorable. He indicated commercial zoning has been granted on this property twice in the past, however, final site plans were never approved for those zonings. Mr. Patrick Brown, a representative of Sitescapes, Inc., made the presentation for the bill. He indicated they now have a tenants for this property and they were requesting this change of zoning to meeting the needs of the proposed tenants. He indicated they have commitments from Frank's Nursery and Subway sandwich shop. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 26 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: EAST SORIN STREET WEST OF N. NILES AVENUE; FIRST TWO EAST -WEST ALLEYS SOUTH OF VACATED HAGERTY STREET; AND FIRST NORTH -SOUTH ALLEY WEST OF N. NILES AVENUE AND SOUTH OF VACATED HAGERTY STREET. Council Member Coleman made a motion to continue this bill until June 8, at the request of the petitioner, seconded by Council Member Luecke. The motion carried. BILL NO. 34 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER RALPH JONES DR. AND WILLIAM RICHARDSON DR. AND AT THE EAST END OF WILLIAM RICHARDSON DR. IN THE CITY OF SOUTH BEND, INDIANA. Council Member Luecke made a motion to continue public hearing on this bill indefinitely, since it was continued in Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 35 -92 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 635 S. MAIN 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 favorable. John Oxian, President of Historic Preservation, made the presentation for the bill. He indicated this property now served as the School City Administration Building. He indicated this was the former Studebaker Corporation Administration Building, and it is ranked an S -12. Fred Holycross, Director of Historic Preservation, indicated this building was deserving of historic landmark status. Dale Dyer, President of Studebaker Driver's Club spoke in favor of this bill. Joyce Boaler, 1606 Hillsdale, spoke against this bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Luecke. The motion carried. BILL NO. 37 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH SOUTH ALLEY EAST OF NORTH WALNUT STREET RUNNING NORTH FROM WEST WASHINGTON STREET. 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 favorable. Jeff Gibney, South Bend Heritage Foundation, made the presentation for the bill. He indicated this was the site where the homes will be built for the West Washington Partnership. He indicated they would like to place a home on the site. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 38 -92 A BILL AMENDING CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED AMBULANCE /MEDICAL USER FEE AND DEDICATED FUND. 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 & Finance Committee had met on this bill and recommended it to the Council favorable. Rick Switalski, assistant chief for emergency medical services, made the presentation for the bill. He indicated this bill was necessary in order to bring the fee structure in compliance with Medicare. Council Member Slavinskas made a motion to amend this bill by changing no. 6 to no. 3, and no. 11 to no. 4, seconded by Council Member Coleman. The motion carried. Council Member Duda made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Washington. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Washington. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: a man 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 5:42 p.m. Council President Luecke presiding and eight members present. BILLS, THIRD READING ORDINANCE NO. 8266 -92 AN ORDINANCE ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 18106 IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8267 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 635 S. MAIN IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8268 -92 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH SOUTH ALLEY EAST OF NORTH WALNUT STREET RUNNING NORTH FROM WEST WASHINGTON STREET. This bill had third reading. Council Member bill, seconded by Council Member Washington. eight ayes. Coleman made a motion to pass this The bill passed by a roll call vote of ORDINANCE NO. 8269 -92 AN ORDINANCE AMENDING CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED AMBULANCE /MEDICAL USER FEE AND DEDICATED FUND. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Duda_ The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of eight ayes. RESOLUTION NO. 1949 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE SOUTHEAST CORNER 01 ' OF IRELAND AND MIAMI ROADS, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY /SCOTTSDALE MALL. 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 Southeast Corner of Ireland and Miami Road, South Bend, and which is more particularly described as follows: A parcel of real estate in the County of St. Joseph, State of Indiana and described as follows: A parcel being part of the North Half of the Southwest Quarter of Section 30, Township 37 North, Range 3 East, City of South Bend, Centre Township, St. Joseph County, Indiana, described as follows: Commencing at the Northwest corner of said quarter; thence South 89 °54137" East (bearing assumed) along the North line of said quarter, a distance of 260.00 feet to the point of beginning; thence continuing along said North line a distance of 1052.00 feet, thence South 00 °05'11" West, a distance of 870.00 feet; thence North 89 °59116" East a distance of 53.00 feet; thence South 00 °04132" West a distance of 150.00 feet; thence South 89 °55120" East, to the West line of Scottsdale Addition, Section "A" a distance of 484.86 feet; thence South 00 °25'08" East, along said West line to the North right -of -way of U.S. Route 20 by pass, a distance of 156.52 feet; the next (8) calls being on the North said right -of -way; thence Deed; South 60 °58100" West, a distance of 421.39 feet, (measured: South 70 °28'36" West, 313.64 feet and South 70 °27131" West, 106.22 feet) to the South line of said North Half; thence along said North line, North 89 °52'45" West, a distance of 1397.83 feet; thence North 0 °05'50" East, along the East side of a tract purchased by I.D.O.T. for right -of -way line(county), a distance of 19.84 feet; thence along the said East right -of -way line South °04121" East, a distance of 1788.69 feet; thence North 89 °52145" West, a distance of 40.00 feet to the West line of said quarter section; thence North 00 °00100" East, along said West line a distance of 1046.67 feet; thence Deed: South 89 °54126" East, a distance of 260.00 feet, thence North 00 °00'00" East, a distance of 270.00 feet to the point of beginning. with said real estate having the following Rey Number 231009 -0582, 231009- 0582B, 231009- 0582C, 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 ten (10) 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. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated the new owners are planning to do $3.5 million dollars worth of interior and exterior improvements, which will include new escalators, landscaping, construction of a six screen movie theater and a food court. Joyce Boaler, 1608 Hillcrest, spoke in favor of this resolution. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution passed by a roll call vote of eight ayes. RESOLUTION NO. 1950 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FINDING IT NECESSARY TO LEASE REAL PROPERTY FOR THE SOUTH BEND WATER WORKS. WHEREAS, the City of South Bend, Indiana is owner of certain real property and improvements located at 224 North Main Street and known as the South Bend Water Works Administration Building, which building houses the administrative offices of the South Bend Water Works; and WHEREAS, said Water Works Administration Building is used and staffed by the employees of South Bend Water Works and houses the City's water utility operations; and WHEREAS, said Water Works Administration Building comprises approximately 8,000 square feet, which area is insufficiently large to accomodate all of the staff and operations of the City's water utility, which insufficiency results in the inefficient operation of the City's water utility and added cost of the such operations; and WHEREAS, the most efficient and cost effective allocation of resources warrants the relocation of the Engineering Department of the City's Water works administrative operations from said Water Works Administration Building to a new facility that is adequately sized to house the Department; and WHEREAS, the owners of the real estate and improvements at 205 North Main Street, South Bend, housing the Main Street Row, are desirous of leasing such real estate and improvements to the City for use as the City's Water Works Engineering Department; and WHEREAS, the Director of the South Bend Water Works has inspected said Main Street Row property and has found it to be adequately sized, comprising 1,000 square feet and, with improvements, otherwise suited for use as the City's Water Works Engineering Department; and WHEREAS, the Director of the South Bend Water Works has inspected other facilities for rental; and WHEREAS, said rental at Main Street Row is for a period of two years for $22,200.00; and WHEREAS, the Director of the South Bend Water Works has recommended to the Board of Water Works Commissioners of the City of South Bend that it offer to lease the Main Street Row Space for $11,200, subject to compliance with I.C. 36- 1 -10 -1 et seq. WHEREAS, the Director of the South Bend Water Works has found it necessary for the most efficient operation of the South Bend Water Works to lease the additional space at 205 North Main Street, South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL FOR THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. That the Common Council for the City of South Bend, Indiana, hereby declares it necessary for the protection of the public health and welfare of the inhabitants of the South Bend Waterworks district and the safeguarding of the property within the district that the City of South Bend, Indiana, and for efficiency of the operations of the South Bend Water Works that the South Bend Water Works lease the following real property, situated in St. Joseph County: 1,000 square feet of space at 205 North Main Street, South Bend, Indiana 2. That the Common Council for the City of South Bend, Indiana, hereby declares it to be of public utility and benefit to lease the space in Main Street Row. 3. That the Common Council for the City of South Bend, Indiana, hereby establishes the maximum proposed lease of the Main Street Row space to be $22,200.00 for a period of two years. 4. This resolution shall be in full force and effect from and after its adoption. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. John Stancati, Director of the Water Works, made the presentation for the bill. He indicated the Water Works Building was overcrowded and they were attempting to alleviate some of the problem by moving the Engineering Department to this leased space. He indicated they were continuing to look for a new location for the Water Works. Council Member Coleman made a motion to amend this bill, on the first page, last paragraph, by changing the amount to $22,200, seconded by Council Member Kelly. The motion carried. Council Member Kelly made a motion to adopt the resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of six ayes and two nays (Council Members Washington and Slavinskas.) BILLS, FIRST READING BILL NO. 30 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14, ARTICLE 3 AND CERTAIN SECTIONS OF CHAPTER 21 OF THE MUNICIPAL CODE GOVERNING RESIDENTIAL SWIMMING POOLS. 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. PRIVILEGE OF THE FLOOR Joyce Boaler, 1608 Hill crest, compliments the Council on the businesslike manner in which they conducted their meetings. 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 - Washington. The motion carried and the meeting was adjourned at 6:55 p.m. ATTEST: APPROVED: City Clerk Presiden