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HomeMy WebLinkAbout01-11-93 Council Meeting MinutesL 72 REGULAR MEETING JANUARY 11, 1993 Be it remembered that the Common Council of the City of Council Chambers of the County -City Building on Monday, p.m. The meeting was called to order and the Pledge to ROLL CALL Present: Council Members Lueck Puzzello, Slavinskas, and Ladewski Absent: None SPECIAL BUSINESS South Bend met in the January 11, 1993, at 7:00 the Flag was given. a, Washington, Kelly, Zakrzewski, Coleman, Duda Council President Luecke announced that Mayor Kernan will give his annual State of the City Address on January 25. Council President Luecke announced that Ed Baer has resigned from the Human Rights Commission, and Ron Farrand has resigned from Century Center Board of Managers. He indicated the Council will be seeking replacements for those appointments. 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 January 11, 1993 at 7:08 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 90 -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 recommended it to the Council favorable. John Byorni, Area Plan, indicated that the Area Plan Commission recommended this zoning favorable, however, the staff gave this an unfavorable recommendation. Kenneth Fedder, attorney, made the presentation for the bill. He indicated that the petitioner had upgraded this property and has spent time and money making improvements. He indicated he wants to live at this location and also use part of the facility for a barber shop. He had letters from several people in the neighborhood that were in favor of this zoning. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 98 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3423 S. MICHIGAN STREET 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, as amended. 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. John Byorni, Area Plan, indicated that the petitioner was requesting this rezoning to allow replacement of an existing sign. He indicated the Commission recommended this zoning favorable. Mike Sklorenko, 3423 S. Michigan, made the presentation for the bill. He indicated Busk Brothers were requesting this rezoning in order to change the existing J.E. Waltz sign. Ed Friend, 3305 S. Michigan, indicated that a sign variance could be granted, and he did not feel that "C" Commercial should be granted. He asked the Council to continue this bill to see if a variance could be obtained. Don Heilman, 3918 S. Michigan, indicated he felt this rezoning should be postponed. Mr. Sklorenko, stated that the Building Department had told him they could not get a variance and this property had to be rezoned to "C" Commercial. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Duda. The motion carried. BILL NO. 115 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RESCINDING ORDINANCE NO. 8261 -92 OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH ". 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. Larry Magliozzi, Economic Development, made the presentation for the bill. He indicated this annexation was passed in May of 1992, however, a remonstrance was filed in Circuit Court. He indicated that in November the Mayor presented the South Bend Annexation Policy and Plan, and in light of the Plan's goals it was felt that it would be in the best interest of the City to rescind this annexation. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. M REGULAR MEETING BILL NO. 120 -92 JANUARY 11, 1993 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. Council Member Luecke made a motion to continue this bill until January 25, seconded by Council Member Coleman. The motion carried. BILL NO. 121 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 4 OF CHAPTER 4 OF THE MUNICIPAL CODE RELATING TO REQUIRED VEHICLE EQUIPMENT FOR THE SAFETY OF TAXICAB DRIVERS. 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 Ladewski reported that the Public Safety Committee had met on this bill and recommended it to the Council favorable. Council Member Ladewski made the presentation for the bill. He indicated this bill would require the installation of specific equipment in taxicabs for the protection and safety of the drivers. He indicated there would be a silent activation of a distress or trouble light; a permanently installed drop safe; and signs affixed to the cab advising that it is drop safe equipped. Don Heilman, 3918 S. Michigan, owner of Courtesy Cab, spoke in favor. Rey Hernandez, 702 S. South, a cab driver, asked when this would take effect, and he was told it would be effective March 1. Mike Alford, 19844 1/2 Hildebrand, owner of Sunshine Cab; Michael Liss, 710 N. Niles, owner of Yellow Cab; Mark Brown, 56897 Pine, owner of American Cab; spoke in favor of this bill. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. 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 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 7:55 p.m. Council President Luecke presiding and Nine members present. BILLS, THIRD READING ORDINANCE NO. 8336 -93 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 Slavinskas made a motion to pass this bill, seconded by Council Member Kelly. The bill passed on a roll call vote of eight ayes and one nay (Council Member Coleman.) ORDINANCE NO. 8337 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3423 S. MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA. 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 Kelly. This bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8338 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RESCINDING ORDINANCE NO. 8261 -92 OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH ". 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. 8339 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 4 OF CHAPTER 4 OF THE MUNICIPAL CODE RELATING TO REQUIRED VEHICLE EQUIPMENT FOR THE SAFETY OF TAXICAB DRIVERS. 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. 10DWSl61111 *ft k,F9 so REGULAR MEETING JANUARY 11, 1993 RESOLUTION NO. 2002 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 1142 SOUTH MAIN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR POLICEMEN'S FEDERAL CREDIT UNION. 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 1142 South Main and which is more particularly described as follows: That part of the Northwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, which is described as: Lots H, I, K. L and M of the recorded Plat of Stull's Third Addition to the City of South Bend as shown in Plat Book #6, on Page #109 in the records of the St. Joseph County, Indiana Recorder's Office and being more particularly described as: Beginning at the southwest Corner of Lot M of the recorded Plat of Stull's Third Addition to the City of South Bend as shown in Plat Book #6, Page #109 in the records of the St. Joseph County, Indiana Recorder's Office said point also being the intersection of the east right -of -way line of Main Street and the north right -of -way line of Stull Street; thence N. OOo23' 38" W. along said east line, 198.25 feet (Record, 198.0 feet) to the northwest corner of Lot H in said Subdvision; thence N. 890 21' 44" E. along the north line of said Lot, 165.85 feet. (Record, 165.75 feet) to the west right -of -way line of a 14 ft. public alley and the northeast corner of said Lot; thence S. OOo 30' 02" E. along said west line 198.37 feet (198.0 feet to the north right -of -way line of Stull Street and the southeast corner of said Lot M; thence S. 8090 24' 32" W. along said north right -of -way line, 166.20 feet (Record, 165.75 feet) to the Point of Beginning. Containing 0.7758 acres or 32,923 square feet. with said real estate having the following Key No. 18 8004 0195; 18 8004 0197; 18 8004 0198; 18 8004 0199; 18 8004 0200; 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 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. 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. George Herendeen, attorney, made the presentation. He indicated the Policemen's Credit Union was being forced to move from their present location. He indicated they were requesting tax abatement for their new location. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2003 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TERMINATING THE FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TORO SOUTH BEND MANUFACTURING. WHEREAS, the Common Council of the City of South Bend adopted Resolution No. 1939 -92 designating the property commonly known as 515 West Ireland Road, South Bend, Indiana, 46614, as an economic revitalization area for purposes of a five (5) year personal property tax abatement on April 28, 1992; and 475 REGULAR MEETING JANUARY 11, 1993 WHEREAS, the Common Council of the City of South Bend adopted Resolution No. 1944 -92 confirming the adoption of the declaratory resolution for this property on May 11, 1992; and WHEREAS, the Common Council believes that Toro South Bend Manufacturing has failed to comply with its provisions of the Statement of Benefits form and the representations made to the Common Council by the property owner's announced closing of the South Bend facility; and WHEREAS, the Common Council will hold a public hearing on Monday, January 11, 1993, at 7:00 p.m. in the Chambers of the South Bend Common Council for determining whether the Petitioner has complied with the Statement of Benefits; and WHEREAS, at said public hearing the property owner and other interested parties may present information to the Common Council, and the Common Council shall determine whether the property has made reasonable efforts to substantially comply with the statement of benefits and whether any failure to substantially comply was caused by factors beyond the control of the property owner; and WHEREAS, in the event the Common Council determines that the property owner has failed to comply, it shall adopt this Resolution terminating the property owners deductions heretofore granted. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, hereby sets January 11, 1993 at 7:00 p.m. in the Chambers of the Common Council, Fourth Floor, County -City Building, South Bend, Indiana, as the time and place where it will conduct a hearing on whether Toro South Bend Manufacturing has complied with its Statement of Benefits. SECTION II. In the event that the South Bend Common Council determines after proper public hearing that the property owner has failed to comply with its Statement of Benefits it shall adopt this Resolution thereby terminating the property owners deduction heretofore granted. SECTION III. In the Event that the South Bend Common Council determines that the property owner has failed to comply with the representations made to the Human Resources and Economic Development Committee and the South Bend Common Council it shall in effect by the adoption of this Resolution formally repeal and revoke Resolution No. 1939 -92 and Resolution No. 1944 -92. 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. /s/ Stephen Luecke Member of the Common Council Council Member Coleman made a motion to combine public hearing on Bill Nos. 93 -2 and 3, seconded by Council Member Slavinskas. The motion carried. RESOLUTION NO. 2004 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TERMINATING THE TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR TORO SOUTH BEND MANUFACTURING. WHEREAS, the Common Council of the City of South Bend adopted Resolution No. 1939 -92 designating the property commonly known as 515 West Ireland Road, South Bend, Indiana, 46614, as an economic revitalization area for purposes of a ten (10) year real property tax abatement on April 28, 1992; and WHEREAS, the Common Council of the City of South Bend adopted Resolution No. 1943 -92 confirming the adoption of the declaratory resolution for this property on May 11, 1992; and WHEREAS, the Common Council believes that Toro South Bend Manufacturing has failed to comply with its provisions of the Statement of Benefits form and the representations made to the Common Council by the property owner's announced closing of the South Bend facility; and WHEREAS, the Common Council will hold a public hearing on Monday, January 11, 1993, at 7:00 p.m. in the Chambers of the South Bend Common Council for determining whether the Petitioner has complied with the Statement of Benefits; and WHEREAS, at said public hearing the property owner and other interested parties may present information to the Common Council, and the Common Council shall determine whether the property has made reasonable efforts to substantially comply witht he statement of benefits and whether any failure to substantially comply was caused by factors beyond the control of the property owner; and WHEREAS, in the event the Common Council determines that the property owner has failed to comply, it shall adopt this Resolution terminating the property owners deductions heretofore granted. F M REGULAR MEETING JANUARY 11, 1993 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, hereby sets January 11, 1993 at 7:00 p.m. in the Chambers of the Common Council, Fourth Floor, County -City Building, South Bend, Indiana, as the time and place where it will conduct a hearing on whether Toro South Bend Manufacturing has complied with its Statement of Benefits. SECTION II. In the event that the South Bend Common Council determines after proper public hearing that the property owner has failed to comply with its Statement of Benefits it shall adopt this Resolution thereby terminating the property owners deduction heretofore granted. SECTION III. In the event that the South Bend Common Council determines that the property owner has failed to comply with the representations made to the Human Resources and Economic Development Committee and the South Bend Common Council it shall in effect by the adoption of this Resolution formally repeal and revoke Resolution No. 1938 -92 and Resolution No. 1943 -92. 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. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolutions at this time. Council Member Kelly made the presentation for the resolutions. He indicated that in early 1992 Toro petitioned for real and personal property tax abatement. Toro indicated they planned to invest 4 million to update the plant, add new equipment, and create 31 new jobs. On November 12 Toro notified the City they were closing the plant and leaving the City. Council attorney, Kathleen Cekanski- Farrand, indicated that Public Law 14 -1991 requires that the land owner be notified, and this was done by certified mail. She indicated the decision was based on the Statement of Benefits and also the report prepared by the Department of Economic Development. Phillip Crone, UAW, indicated Toro was also receiving a tax break from Centre Township of 44 %. He asked the Council to look into the rescinding of the Allied /Mastic abatement. David Frick, 1834 E. Ewing, indicated he was an employee of Toro and this facility had always made money for its owners. He indicated these abatements should be rescinded. Joyce Boaler, 1606 Hillsdale, spoke in favor of the resolutions. Council Member Coleman made a motion to adopt Resolution No. 2003 -93, 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. 2004 -93, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 1 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING WEST OLD CLEVELAND ROAD FROM THE EAST RIGHT -OF -WAY LINE OF THE U.S. 31 BYPASS TO THE WEST RIGHT -OF -WAY LINE OF NORTH MAYFLOWER ROAD. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on February 8, and refer it to the Zoning and Vacation Committee, seconded by Council Member Washington. The motion carried. BILL NO. 2 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST EAST -WEST ALLEY NORTH OF WEST STULL STREET FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH MAIN STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. SITUATED IN SOUTH BEND CITY, INDIANA. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on February 8, and refer it to the Zoning and Vacation Committee, seconded by Council Member Washington. The motion carried. BILL NO. 3 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST EAST -WEST ALLEY NORTH OF WEST STULL STREET FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH FRANKLIN STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH FRANKLIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; AND THE FIRST NORTH -SOUTH ALLEY EAST OF S. FRANKLIN ST. FROM THE NORTH RIGHT -OF -WAY LINE OF W. STULL TO THE SOUTH RIGHT -OF -WAY LINE OF W. GARST ST. FOR A DISTANCE OF APPROXIMATELY 571.7 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. SITUATED IN SOUTH BEND CITY AND STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. his bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on February 8, and refer it to the Zoning and Vacation Committee, seconded by Council Member Washington. The motion carried. REGULAR MEETING JANUARY 11, 1993 UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill No. 46 -92 for public hearing and third reading on January 25, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Joyce Boaler, 1606 Hillsdale, indicated Council Member Kelly should not have left the Chambers while Jim Cierzniak was making his presentation against the College Football Hall of Fame. Jim Cierzniak, 1156 E. Victoria, spoke against the College Football Hall of Fame. Lee Brummett, 1146 Diamond Ave., spoke regarding Council Member Kelly leaving the Chambers. Ed Tally spoke regarding giving certain street lights and poles historic landmark status. He gave a presentation on George Cutter whose company made electrical lighting fixtures, in 1905, in South Bend. He indicated these fixtures should be given historic status. Council Member Coleman made a motion to extend this presentation three minutes, seconded by Council Member Slavinskas. 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 Ladewski. The motion carried and the meeting was adjourned at 8:40 p.m. ATTEST: City Clerk ATTEST: Presiden 477