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HomeMy WebLinkAbout06-22-92 Council Meeting Mniutesp65 REGULAR MEETING JUNE 22, 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, June 22, 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 June 8, 1992, meeting 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 June 8, meeting 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 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 June 22, 1992 at 7:05 p.m., with nine members present. Chairman Puzzello presiding BILL NO. 41 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8228 -91 RELATING TO THE REGISTRATION OF BUILDING CONTRACTORS. 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 Coleman. The motion carried. Council Member Duda reported that the Residential Neighborhood Committee had met on this bill and it comes to the Council without recommendation. Don Fozo, Building Superintendent, made the presentation for the bill. He indicated they were requesting the delay in implementation of this program due to problems that have arisen with the merger. He indicated they still do not have permanent office space, and are not connected into a computer system. Don O'Blenis, business agent for the roofers in South Bend, spoke against this delay. Council Member Luecke 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 rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: 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 7:28 p.m. Council President Luecke presiding and nine members present. BILLS. THIRD READING ORDINANCE NO. 8271 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8228 -91 RELATING TO THE REGISTRATION OF BUILDING CONTRACTORS. 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 Puzzello. The motion carried. Council Member Slavinskas made a motion to pass the bill, as amended, seconded by Council Member Coleman The bill passed by a roll call vote of seven ayes and two nays (Council Members Washington and Duda.) RESOLUTIONS Council Member Slavinskas made a motion to combine public hearing on the next two 966 bills, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1955 -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 3333 N. KENMORE STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR AUCILLA INCORPORATED 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 3333 N. Kenmore and which is more particularly described as follows: A part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, City of South Bend, St. Joseph, Indiana, described as follows: Commencing at the Northeast corner of said Section 28; thence South 89 °47105" West (the bearing of the south line of the Southeast Quarter of Section 28 is assumed North 90 °00100" West) a distance of 1345.00 feet along the north line of said Northeast Quarter; thence South 0 °00'23" West a distance of 50.00 feet to the western boundary of Kenmore Street and the point of beginning; thence South 0 °00123" West a distance of 146.47 feet along said western boundary; thence southerly along said boundary 297.10 feet along an arc to left having a radius of 1949.86 feet and subtended by a long chord having a bearing of South 4 °21'31" East and a length of 196.77 feet; thence South 89 °47105" West a distance of 499.31 feet; thence North 0 °02'41' east a distance of 466.42 feet along said south boundary; thence South 45 °05'46" East a distance of 14.12 feet to the point of beginning and containing 5.000 acres, more or less. with said real estate having the following Key No. 25 1010 038504, 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 personal 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 RESOLUTION NO. 1956 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 3333 N. KENMORE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR AUCILLA INCORPORATED 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 3333 N. Kenmore and which is more particularly described as follows: A part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, City of South Bend, St. Joseph, Indiana, described as follows: Commencing at the Northeast corner of said Section 28; thence South 89 °47'05" West (the bearing of the south line of the Southeast Quarter of Section 28 is assumed North 90 °00100" West) a distance of 1345.00 feet along the north line ,167 of said Northeast Quarter; thence South 0 °00123" West a distance of 50.00 feet to the western boundary of Kenmore Street and the point of beginning; thence South 0 °00123" West a distance of 146.47 feet along said western boundary; thence southerly along said boundary 297.10 feet along an arc to left having a radius of 1949.86 feet and subtended by a long chord having a bearing of South 4 °21'31" East and a length of 196.77 feet; thence South 89 °47105" West a distance of 499.31 feet; thence North 0 °02141' east a distance of 466.42 feet along said south boundary; thence South 45 °05146" East a distance of 14.12 feet to the point of beginning and containing 5.000 acres, more or less. with said real estate having the following Key No. 25 1010 038504, 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 six (6) 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. STEPHEN LUECKE Member of the Common Council A public hearing was held on the resolutions at this time. Bruce Squillante, attorney for the petitioners, made the presentation for the resolutions. He indicated Aucilla was planning to expand their facilities, as well a purchase injection molding machines and support equipment with advanced technology that is required by the electronic and health care industries. Council Member Coleman made a motion to adopt Resolution No. 92 -47, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 92 -48, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1957 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2603 FOUNDATION DRIVE, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR RICASSO, 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 2603 Foundation Dr. and which is more particularly described as follows: A tract of land in Section 28, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, described as:Beginning at the Southeast corner of said Section 28, thence North 89 degrees 59157" West on and along the South line of said Section 28, said line also being the centerline of Lathrop Street, a distance of 1982.03 feet; thence North 90 degrees 00'00" West on and along said South line a distance of 660.68 feet; thence South 89 degrees 59'3" West on and along said South line a distance of 661.27 feet; thence North 0 degrees 00'18" East a distance of 40.00 feet to the north line of Lathrop Street and the Southwest corner of Block 3 of Airport Industrial Park, Phase III; thence North 0 degrees 00'18" east on and along the West line 4 of said Block 3 a distance of 1260.19 feet to the true place of beginning; thence continuing North 0 degrees 00118" east on and along said West line a distance of 290.40 feet; thence South 89 degrees 59142" East a distance of 450.00 feet to the West line of Foundation Drive; thence South 0 degrees 00118" West on and along the West line of Foundation Drive a distance of 290.40 feet to the centerline of Foundation Court extended; thence North 89 degrees 59142" West a distance of 450.00 feet to the true point of beginning, such tract containing 3.00 acres, more or less, and being Lot 3 -5 of the Airport Industrial Park, Phase III. 968 with said real estate having the following Key No. 25 1010 040002, 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 personal 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 resolutions at this time. Bruce Squillante, attorney for the petitioners, made the presentation for the resolution. He indicated this company will employ approximately 40 people, and they will be blending a variety of grains and flavorings to create low calorie food. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1958 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 3300 N. KENMORE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SPIN CAST PLASTICS, 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 3300 N. Kenmore and which is more particularly described as follows: Lots 5 -3 and 5 -4 of Combined Airport Industrial Park, Phase four, St. Joseph County, Indiana, with said real estate having the following Key No. 25 1010 038518, 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 L- AR- MFETING TTTNF J7 �fj2 its adoption by the Common Council and approval by the Mayor. STEPHEN LUECKE Member of the Common Council A public hearing was held on the resolution at this time. Kevin Butler, attorney for the petitioner, made the presentation for the bill. He indicated they planned to build an addition to their present building for future growth. He indicated at the present time this space will be used for additional storage. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION 92 -51 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 311 EAST COLFAX, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR BRETT PLAZA ONE. Council Member Puzzello made a motion to continue this resolution, at the request of the petitioner, to July 13, 1992, seconded by Council Member Coleman. The motion carried. BILLS, FIRST READING BILL NO. 42 -92 A BILL TRANSFERRING $33,500.00 WITHIN ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Human Resources Committee, and set it for public hearing and third reading on July 13, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 43 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF E. ECKMAN STREET FROM THE EAST RIGHT -OF -WAY LINE OF S. DALE STREET TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF S. DALE STREET FOR A DISTANCE OF APPROXIMATELY 268 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN LINDBERGH PARK ADDITION IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to the Zoning and Vacation Committee, and set it for public hearing and third reading on July 13, seconded by Council Member Coleman. The motion carried. BILL NO. 44 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING ". 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. BILL NO. 45 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. This bill had first reading. Council Member Zakrzewski made a motion to refer this to the Human Resources Committee and set it for public hearing and third reading on July 13, seconded by Council Member Coleman. The motion carried. BILL NO. 46 -92 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 405 EAST EWING IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Kelly made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 47 -92 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Council Member Ladewski made a motion to refer this bill to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 48 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF TOPSFIELD DEVELOPMENT AND NORTH OF INWOOD ROAD CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Kelly made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 49 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST -WEST ALLEY LYING BETWEEN FRANCES AND COLFAX AND NORTH OF COLFAX AND FRANCES IN COTTRELL'S FIRST ADDITION. X70 This bill had first reading. Council Member Puzzello made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Duda. The motion carried. Council Member Puzzello made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on July 13, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Slavinskas made a motion to refer Bill Nos. 33, 34, 36 and 44 -92 to the Zoning and Vacation Committee and set it for public hearing and third reading on July 13, seconded by Council Member Duda. The motion carried. 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 Duda. The motion carried and the meeting was adjourned at 7:47 p.m. ATTEST: City Clerk APPROVED: President