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HomeMy WebLinkAbout08-24-92 Council Meeting Minutes994 REGULAR MEETING AUGUST 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, August 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 August 10, 1992, meeting of the Council and found them correct. Therefore, we recommend the /s/ %s/ Council Member Coleman made the Council be accepted and The motion carried. SPECIAL BUSINESS same be approved. Stephen Luecke Loretta Duda a motion that the minutes of the August 10, meeting of placed on file, seconded by Council Member Ladewski. Council Member Coleman made a motion to have the following meetings in September: September 8, at 3:30 p.m., for first reading on the budget; September 14, at 7:00 p.m., for the regular meeting; and September 21 for final passage on the budget, seconded by Council Member Duda. The motion carried. Council Member Puzzello announced that the Personnel & Finance Committee will hold budget meetings on September 1, 2, & 9th at 3:30; September 8, at 3:45; and September 11 only if necessary. 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 Committee of the Whole on August 24, 1992 at Chairman Puzzello presiding BILL NO. 33 -92 the City of South Bend met in the 7:05 p.m., with nine members present. A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT NORTHWEST CORNER OF T INTERSECTION OF PORTAGE AVENUE AND BOLAND DRIVE, GERMAN TOWNSHIP, IN THE CITY OF SOUTH BEND, INDIANA. Council Member Slavinskas made a motion to continue public hearing on this bill until October 12, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 54 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST EAST -WEST ALLEY NORTH OF EAST SOUTH STREET FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH RUSH STREET TO THE SOUTHWEST RIGHT -OF -WAY LINE OF LINCOLNWAY EAST FOR A DISTANCE OF APPROXIMATELY 247.06 FEET AND A WIDTH OF APPROXIMATELY 12.54 FEET. PART SITUATED IN JOHN RUSH'S FIRST ADDITION 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 favorably to the Council. Cleo Hickey, Economic Development, made the presentation for the bill. She indicated Economic Development was requesting the vacation of this alley for construction of a drive way and parking area for seven structures that are leased to the Housing Development Corporation. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 64 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF S. CLINTON ST. FROM THE SOUTH RIGHT -OF -WAY LINE OF E. SOUTH ST. TO THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. SOUTH ST. FOR A DISTANCE OF APPROXIMATELY 148.95 FEET AND A WIDTH OF APPROXIMATELY 12.04 FEET. PART SITUATED IN THE REPLAT OF JOHN RUSH'S SECOND ADDITION 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. Mike Dobson, B &R oil, made the preentation for the bill. He indicated they were asking for this vacation in order to enlarge the convenience store and add a car wash bay. He indicated they were also going to ask for a rezoning on a lot adjacent to their property. The following letter from GlendaRae Hernandez was read: "I truly regret that prior commitments prevent me and my husband from attending this public hearing. We live at 1702 E. South St. There is only one house and a vacant lot between us and this alley. several years ago when the compromise redevelopment plan was adopted by the neighborhood now called Monroe Park, the City committed to putting the light industrial area south of Bronson Street and preserving the area north of it as residential. Only a few already exiting commercial properties were zoning "C." While I know nothing was carved in stone at that time, it was my understanding that our "B" residential area would be just that - residential, and the commercial would stay where it was. This business on the corner of South and Lincoln Way East is a convenience for many, so I have no problem with their being where they are. However, I am not open to the proposal to close the alley. While they have not closed the alley on the south side of their property, they have paved it as an extension of their property and now they want to do something similar on the west side. To all appearances, it will be spreading concrete. With this vacation and then a zoning change and a spreading parking lot, I'm afraid we are letting the camel put its nose in the tent. Now it's a car wash, but what wonderful idea will they next conceive of to justify taking first one house and then another? How much will this increase the traffic? Currently the traffic remains focused toward Lincoln Way. But with this change, they want to stack cars in which is not a heavy usage area at this time. I'm just not comfortable with the precedent this would set if you decide to allow this alley to be vacated and then proceed with the other changes that permit this business to creep right up to our residential property lines. Thank you for hearing my objections. I hope you will see fit to deny this vacation." Council Member Luecke asked Mr. Dobson if they will still interested in this vacation if they did not receive the rezoning. Mr. Dobson indicated they still wanted the vacation. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas. The motion carried. BILL NO. 65 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED ALLEYS: THE FIRST NORTH -SOUTH ALLEY WEST OF S. RUSH STREET, FROM THE NORTH RIGHT -OF -WAY LINE OF E. SOUTH ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. MONROE STREET FOR A DISTANCE OF APPROXIMATELY 345.18 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; AND THE FIRST EAST -WEST ALLEY SOUTH OF E. MONROE STREET FROM THE WEST RIGHT -OF -WAY LINE OF S. RUSH STREET, TO THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS STREET, FOR A DISTANCE OF APPROXIMATELY 330 FEET AND A WIDTH OF APPROXIMATELY 12.54 FEET. PARTS SITUATED IN JOHN RUSH'S FIRST ADDITION IN THE CITY OF SOUTH BEND. 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 favorably to the Council. Cleo Hickey, Economic Development, made the presentation for the bill. She indicated Economic Development was requesting the vacation of this alley for construction of a 57 unit apartment project in the Monroe - Sample Development Area. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 66 -92 A BILL APPROPRIATING $981,000.00 WITHIN VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS 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 Washington reported that the Public Works Committee had met on this bill and recommended it to the Council favorable. Carl Littrell, Engineering, made the presentation for the bill. He indicated this appropriation would be used for arterial signal modernization; paving and slurry sealing; as well as street improvements. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 67 -92 A BILL APPROPRIATING $929,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR VARIOUS PROJECTS. 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 Washington reported that the Public Works Committee had met on this bill and recommended it to the Council favorable. Carl Littrell, Engineering, made the presentation for the bill. He indicated this appropriation would be used for storm sewers in conjunction with the widening of Edison Road from Crestwood to State Road 23; the construction of the Ironwood widening and storm sewer project from Ireland to Ewing; more storm inlets for the Corby /South Bend Avenue intersection; and design of the widening of Miami Road from Kern to Jackson. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. 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: 'T`�J /�� 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 7:38 p.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8289 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST EAST -WEST ALLEY NORTH OF EAST SOUTH STREET FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH RUSH STREET TO THE SOUTHWEST RIGHT -OF -WAY LINE OF LINCOLNWAY EAST FOR A DISTANCE OF APPROXIMATELY 247.06 FEET AND A WIDTH OF APPROXIMATELY 12.54 FEET. PART SITUATED IN JOHN RUSH'S FIRST ADDITION 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 nine ayes. ORDINANCE NO. 8290 -92 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF S. CLINTON ST. FROM THE SOUTH RIGHT -OF -WAY LINE OF E. SOUTH ST. TO THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. SOUTH ST. FOR A DISTANCE OF APPROXIMATELY 148.95 FEET AND A WIDTH OF APPROXIMATELY 12.04 FEET. PART SITUATED IN THE REPLAT OF JOHN RUSH'S SECOND ADDITION 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. 8291 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED ALLEYS: THE FIRST NORTH -SOUTH ALLEY WEST OF S. RUSH STREET, FROM THE NORTH RIGHT -OF -WAY LINE OF E. SOUTH ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. MONROE STREET FOR A DISTANCE OF APPROXIMATELY 345.18 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; AND THE FIRST EAST -WEST ALLEY SOUTH OF E. MONROE STREET FROM THE WEST RIGHT -OF -WAY LINE OF S. RUSH STREET, TO THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS STREET, FOR A DISTANCE OF APPROXIMATELY 330 FEET AND A WIDTH OF APPROXIMATELY 12.54 FEET. PARTS SITUATED IN JOHN RUSH'S FIRST ADDITION IN THE CITY OF SOUTH BEND. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Ladewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8292 -92 AN ORDINANCE APPROPRIATING $981,000.00 WITHIN VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS FUND. 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 nine ayes. ORDINANCE NO. 8293 -92 AN ORDINANCE APPROPRIATING $929,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR VARIOUS PROJECTS. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Ladewski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1967 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 1200 BLOCK OF WEST WASHINGTON TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR WEST WASHINGTON STREET HOUSING 997 e)e EGUI.AREETING AUGUST 2 4 , 1 Q 92 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 1200 Block of West Washington and which is more particularly described as follows: Parcel I: a parcel of land in the Northwest Quarter of Section 11, Township 37 North, Range 2 East, Portage Township in the City of South Bend, St. Joseph County, Indiana, being lots 1 through 8 inclusive and a portion of Spruce Street of John K. Fowler's Subdivision of Bank outlots No. 85 and 86 as recorded in Plat Book 2, Page 13 in the office of the St. Joseph County Recorder; Parcel II: a parcel of land in the Northwest Quarter of Section 11, Township 37 North, Range 2 East, Portage Township in the City of South Bend, St. Joseph County, Indiana, being lots A,B C, and 103 through 106 parts of Lots 102, 107, 108, and 109, and a vacated alley of Commissioner's subdivision of Bank Outlot No. Seventy Nine (79) of the Second Plat of Outlots of the Town, now City of South Bend as recorded in Plat of Outlots of the Town, now City of South Bend as recorded in Plat Book 3, Page 40, in the office of the St. Joseph Recorder and being more particularly described as follows: Beginning at the southwest corner of Lot A in said subdivision (also being the intersection of the north line of Washington Street and the east line of Walnut Street); thence North, along the east line of Walnut Street, 166.20 feet to the northwest corner of said Lot A; thence East, along the south line of a 14 foot alley, 313.07 feet to the east line of Spruce Street; thence North, along the east line of Spruce Street, 32.9 feet to the south line of a 14 foot alley; thence East, along the south line of said 14 foot alley, 125.05 feet to the east line of a vacated 14 foot alley; thence South, along the east line of said vacated alley, 198.41 feet to the north line of Washington Street; thence West, along the north line of Washington Street, 439.60 feet to the Point of Beginning; Parcel III: a parcel of land in the East half of the Northwest Quarter of Section 11, Township 37 North, Range 2 East, Portage Township in the City of South Bend, St. Joseph County, Indiana, being lots 9 and 10 of Rockafeller' s addition to South Bend as recorded in Plat Book 2, Page 8 in the office of the St. Joseph County Recorder; with said real estate having the following Key Nos.: Parcel I: 18- 333072 Parcel II: 18- 3073 -2832 18- 3072 -2833 18 -3072 -2834 18- 3072 -2835 18- 3072 -2836 18- 3072 -2837 18- 3072 -2838 18- 3072 - 2838.01 18- 3072 -2840 18- 3072 - 2841.01 18- 3072 -2841 18- 3072 -2842 Parcel III: 18- 1040 -1764 18- 1040 -1763 18- 1040 -1762 18- 1044 -1903 18- 1044 -1905 18- 1044 -1906 18- 1044 -1907 18- 1044 -1908 18- 1044 -1909 18- 1044 -1910 18- 1044 -1911 18- 1044 -1912 18- 1044 -1913 18- 1044 -1914 18- 1044 -1915 18- 1044 -1917 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 three (3) 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. `? �8e� RFC,ULAR ME1?=.G nTTr_ 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 resolution at this time. Jeff Gibney, Director of South Bend Heritage, made the presentation for the resolution. He indicated they planned to construct 22 duplex and 7 triplex buildings, containing 65 apartments for rent to low or moderate income families. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. Council Member Luecke announced that he is an employee of South Bend Heritage, however, he will not receive any gain on this project and will be voting on the resolution. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1968 -92 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 4303 TECHNOLOGY DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR PATTERSON DENTAL COMPANY NORTHERN DISTRIBUTION CENTER. 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 Abate REGULAR MEETING AUGUST 24, 1992 Whereas, a petition for real property tax abatement has been filed with the