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HomeMy WebLinkAbout09-14-92 Council Meeting MinutesREGULAR MEETING SEPTEMBER 14, 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, September 14, 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 24, and September 8, 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 August 24 and September 8, 1992, meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Council Member Coleman made a motion to have the September 21 meeting at 5 p.m., seconded by Council Member Zakrzewski. 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 September 14, 1992 at 7:02 p.m., with nine members present. Chairman Puzzello presiding BILL NO. 50 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2017 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA, FOR DOUGLAS S. TAELMAN. 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 had no recommendation. John Byorni, Area Plan, gave the Commission report on this zoning which was favorable. He indicated that the Area Plan staff had recommended this unfavorable. Ken Fedder, attorney, made the presentation for the bill. He indicated the petitioner had purchased this home eight years ago and has spent thousands of dollars upgrading this home. He indicated the petitioner wanted to use this residence for his business, which will be a one chair beauty saloon. He indicated Lincoln Way West was not residential in character, and all the residents in the immediate area supported this rezoning. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried on a roll call vote of five ayes and four nays (Council Members Zakrzewski, Coleman, Duda and Luecke.) BILL NO. 52 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTYLOCATED AT 3900 LINCOLNWAY WEST, COMMONLY KNOWN AS BRENTWOOD SHOPPING CENTER, 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 Commission report, which was favorable. James Conboy, petitioner, made the presentation for the bill. He indicated this property had been used as "C" commercial for several years, however, for some reason it was not correctly zoned. He indicated they were asking for the property to be put in the correct zoning classification. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 53 -92 A BILL AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA TO CREATE A RIVER BEND HISTORIC PRESERVATION DISTRICT. Council Member Coleman made a motion to continue this bill, at the request of Historic Preservation, until October 26, seconded by Council Member Duda. The motion carried. 401 REGULAR MEETING SEPTEMBER 14, 1992 BILL NO. 62 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT LOT 36 OF POST PLACE, SOUTH BEND, INDIANA 46634 IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bills, 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. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Washington. The motion carried. John Byorni, Area Plan, gave the Area Plan report, which was favorable. Al Williams, property owner, made the presentation for the bill. He indicated the 1st Source Bank intended to purchase this land, in order to construct a parking lot to serve their branch adjacent to this property. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Ladewski. The motion carried. BILL NO. 68 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $500,000.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND FOR PROFESSIONAL SERVICES RELATING TO THE COLLEGE FOOTBALL HALL OF FAME PROJECT. Council Member Zakrzewski made a motion to continue this bill indefinitely, seconded by Council Member Luecke. The motion carried. BILL NO. 69 -92 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, 1993, AND ENDING DECEMBER 31, 1993, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. BILL NO. 70 -92 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, 1993. Council Member Luecke made a motion to combine public hearing on the above two bills, seconded by Council Member Washington. The motion carried. 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 bills. He thanked the bureau heads and the Council for all of their hard work on the budget. He indicated this budget will continue to allow the City to provide the basic services. He indicated they had planned to add eight new police officers, but would only be able to hire two, and they would not be able to add the three new firefighters. He indicated this budget was not sufficient for capital needs. He indicated the City had advertised a tax rate of $7.75, which is higher than the levy to be set by the Tax Commissioners. Kevin Horton, Controller, indicated the administration was asking for a five percent levy increase. He indicated spending would be at least $500,000 more than the total in the general fund, but that will change after next year. Council Member Coleman made a motion to continue Bill No. 69 =92 in the Council portion until September 21, seconded by Council Member Zakrzewski. The motion carried. Council Member Coleman made a motion to continue Bill No. 70 -92 in the Council portion until September 21, seconded by Council Member Kelly. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Duda. 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 7:47 p.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8294 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2017 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA, FOR DOUGLAS S. TAELMAN. This bill had third reading. Council Member Ladewski made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of five ayes and four nays (Council Members Zakrzewski, Coleman, Duda and Luecke.) 402 REGULAR MEETING SEPTEMBER 14, 1992 ORDINANCE NO. 8295 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3900 LINCOLNWAY WEST, COMMONLY KNOWN AS BRENTWOOD SHOPPING CENTER, 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. 8296 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT LOT 36 OF POST PLACE, SOUTH BEND, INDIANA 46634 IN THE CITY OF SOUTH BEND, INDIANA. 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 Coleman. The motion carried. Council Member Puzzello made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The motion carried. RESOLUTIONS RESOLUTION NO. 1970 -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 4303 TECHNOLOGY DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX YEAR REAL PROPERTY TAX ABATEMENT FOR PATTERSON DENTAL COMPANY NORTHERN DISTRIBUTION CENTER 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 4303 Technology Drive and which is more particularly described as follows: Lot Numbered Sixteen (16) of Landmark Business Park, Section Six (6), Part Two (2) as recorded on July 2, 1992 in the Office of the Recorder of St. Joseph County, as Instrument Number 9223882. with said real estate having the following Key No. 25 1017 60204, and parts of 25- 1017 - 060201 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 resolution at this time. John Peddycord, attorney, made the presentation for the resolution. He indicated the petitioner planned to build a distribution center that will serve a ten state area, at an estimated cost of $1,500,000, and when completed will employ 42 people. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. 9 REGULAR MEETING SEPTEMBER 14, 1992 RESOLUTION NO. 1971 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 3300 N. KENMORE ST., AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR SPIN -CAST PLASTICS, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3300 N. Kenmore, South Bend, Indiana, 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. and this property has Key Number 25 1010 038518 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 pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that; (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits Form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation, SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IX. 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 403 =11 REGULAR MEETING SEPTEMBER 14, 1992 A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Kevin Butler, attorney, made the presentation for the resolution. He indicated this company had recently received an abatement for real property, and were now requesting abatement for personal property. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 71 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH MICHIGAN STREET AND FARNEMAN STREET IN SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 72 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN PENN TOWNSHIP CONTIGUOUS THEREWITH; NORTHEAST CORNER OF IRONWOOD ROAD AND KILLINGTON WAY. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on October 12, seconded by Council Member Duda. The motion carried. BILL NO. 73 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR, CITY CLERK AND COUNCIL MEMBERS FOR CALENDAR YEARS 1993, ` 1994, 1995, AND 1996. This bill had first reading. Council Member Puzzello made a motion to refer it to the Personnel and Finance Committee and set it for public hearing and third reading on October 26, seconded by Council Member Duda. The motion carried. BILL NO. 74 -92 A BILL MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 8280 -92 FIXING THE MAXIMUM SALARIES AND WAGES OF TEAMSTERS EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR CALENDAR YEARS 1993, 1994, AND 1995. This bill had first reading. Council Member Puzzello made a motion to refer it to the Personnel and Finance Committee and set it for public hearing and third reading on September 21, seconded by Council Member Coleman. The motion carried. BILL NO. 75 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT SEVERAL LOTS BOUNDED BY MICHIGAN, BARTLETT, PARKLANE AND MAIN STREETS IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 76 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $177,667.00 FROM EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND #288 FOR THE PURCHASE OF EQUIPMENT. This bill had first reading. Council Member Duda made a motion to refer it to the Public Safety Committee and set it for public hearing and third reading on October 12, seconded by Council Member Washington. The motion carried. BILL NO. 77 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE MONTHLY SEWER INSURANCE CUSTOMER RATE ADDRESSED IN CHAPTER 17, ARTICLE 7, SECTION 17 -56 (a) OF THE SOUTH BEND MUNICIPAL CODE. This bill had first reading. Council Member Coleman made a motion to refer it to the Utilities Committee and set it for public hearing and third reading on October 12, seconded by Council Member Duda. The motion carried. BILL NO. 78 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE MONTHLY INSURANCE CUSTOMER RATE ADDRESSED IN CHAPTER 17, ARTICLE 6, SECTION 17 -49 (a) OF THE SOUTH BEND MUNICIPAL CODE. This bill had first reading. Council Member Coleman made a motion to refer it to the Utilities Committee and set it for public hearing and third reading on October 12, seconded by Council Member Duda. The motion carried. REGULAR MEETING SEPTEMBER 14, 1992 BILL NO. 79 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND THE AMENDING OF CHAPTER 17, ARTICLE 4, SECTIONS 17 -45, 17 -46, 17 -47, 17 -48 OF THE SOUTH BEND MUNICIPAL CODE. This bill had first reading. Council Member Kelly made a motion to refer it to the Utilities Committee and set it for public hearing and third reading on October 12, seconded by Council Member Washington. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill nos. 57 and 61 -92 for public hearing and third reading on September 21, seconded by Council Member Duda. The motion carried. Jim Cierzniak, 1156 E. Victoria, spoke against the College Football Hall of Fame being built in South Bend. 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 8:02 p.m. ATTEST: City Clerk APPROVED: Peden 405