HomeMy WebLinkAbout02-08-93 Council Meeting Minutes4S9
REGULAR MEETING
FEBRUARY 8, 1993
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, February 8, 1993, 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, Coleman, Duda
and Ladewski
Absent: None
REPORT FROM THE SUB - COMMITTEE Gil MINUTES
To the Common Council of the City of South Bend:
The sub - committee has inspected the minutes of the January 25, meeting of the
Council and found them correct.
Therefore, we recommend the same be approved.
/s/ Steve Luecke
/s/ Loretta Duda
Council Member Coleman made a motion that the minutes of the January 25 meeting 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 reappoint Janeann Petrass, and appoint
Cynthia Brubaker to the Historic Preservation Commission, seconded by Council Member
Washington. The motion carried.
RESOLUTION NO. 2010 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR
THE PROVISION OF SERVICES TO AN ANNEXED AREA IN PENN
TOWNSHIP.
WHEREAS, there has been submitted to the Common Council of the City of South
Bend, Indiana, an ordinance which proposes the annexation of the hereinafter
described real estate located in Penn Township, St. Joseph County, Indiana; and
WHEREAS, the territory proposed to be annexed is located at the northwest corner
of Killington Way nd Bromley Chase, which is approximately 220 feet east of
Ironwood Road, and is proposed to be developed by the construction of a church, the
development of which land as proposed will require a level of municipal public
services basic to the establishment and maintenance of such development, which
services shall include services of a non - capital nature, including street and road
maintenance, and services of a capital improvement nature, including street
construction, street lighting, sewer facilities, and storm water facilities; and
WHEREAS, the Common Council of the City of South Bend, Indiana now desires to
establish and adopt a fiscal plan and establish a definite policy showing (1) the
cost estimates of services of a non - capital nature, including street and road
maintenance, police and fire protection and other non - capital services normally
provided within the corporate boundaries, and services of a capital improvement
nature, including street construction, street lighting, water facilities, sewer
facilities, and storm water drainage facilities to be furnished to the territory to
be annexed; (2) the method(s) of financing those services; (3) the plan for the
organization and extension of those services; (4) that services of a non - capital
nature will be provided to the annexed area within one (1) year after the effective
date of the annexation, and that they will be provided in a manner equivalent in
standard and scope to similar non - capital services provided to areas within the
corporate boundaries of the City of South Bend, that have characteristic of
topography, patterns of land use, and population density similar to that of the
territory to be annexed; (5) that services of a capital improvement nature will be
provided to the annexed area within three (3) years after the effective date of the
annexation in the same manner as those services are provided to areas within the
corporate boundaries of the City of South Bend that have characteristics of
topography, patterns of land use and population density similar to that of the
territory to be annexed and in a manner consistent with federal, state and local
laws, procedures, and planning criteria; and (6) the plan for hiring the employees
of other governmental entities whose jobs will be eliminated by the proposed
annexation; and
WHEREAS, the Board of Public Works of the City of South Bend, the Board of
Public Safety of the City of South Bend, and the Board Water Works Commissioners of
the City of South Bend have approved a written fiscal plan and established a policy
for the provision of services to the territory to be annexed which plan and policy,
as it relates to the territory to be annexed, the Common Council finds to be in the
best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AS FOLLOWS:
J-00
REGULAR MEETING FEBRUARY 8, 1993
Section I. That it is in the best interest of the City of South Bend and of the
area proposed to be annexed that the real property located in Penn Township, St.
Joseph County, Indiana, described in Table 2 of the Fiscal Plan, attached hereto and
made a part hereof, be annexed to the City of South Bend.
Section II. That it shall be and hereby is now declared and established that it
is the policy of the City of South Bend to furnish to said territory services of a
non- capital nature, such as street and road maintenance, police and fire protection,
within one (1) year of the effective date of the annexation, in a manner equivalent
in standard and scope to the services furnished by the typography, patterns of land
utilization and population density similar to said territory; and to furnish to said
territory services of a capital improvement nature, such as street construction,
street lighting, water facilities, sewer facilities, and storm water facilities,
within three (3) years of the effective date of the annexation, in the same manner
as those services are provided to areas within the corporate boundaries of the City
of South Bend that have characteristics of topography, patterns of land use and
population density similar to that of the territory to be annexed and in a manner
consistent with federal, state and local laws, procedures and planning criteria.
Section III. That the Common Council of the City of South Bend shall and does
hereby now establish and adopt the fiscal plan, attached hereto and made a part
thereof, for the furnishing of said services to the territory to be annexed.
Section IV. This Resolution should be in full force and effect upon 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. Council Member Puzzello
reported that the Personnel and Finance Committee had met on this resolution and
recommended it to the Council favorably. Larry Magliozzi, assistant director of
Planning & Neighborhood Development, made the presentation for the resolution. He
indicated the fiscal plan shows this area meets the requirements of State Statutes
and the City is physically and financially able to provide municipal services to the
territory. 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.
Council Member Coleman made a motion to resolve into the Committee of the Whole,
seconded by Council Member Washington. The motion carried.
COMMITTEE OF THE WHOLE
Be it remembered that the Common Council of the City of
Committee of the Whole on February 8, 1993 at 7:06 p.m.
Chairman Zakrzewski presiding.
BILL NO. 107 -92 A BILL AMENDING THE ZONING ORDINANCE
IMMEDIATELY SOUTH OF AND ADJACENT TO
SCOTTSDALE MALL, IN THE CITY OF SOUT
South Bend met in the
with nine members present.
FOR PROPERTY LOCATED
THE SOUTH BOUNDARY OF THE
3 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. 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, gave the staff report which was
favorable. Mark Boveri, attorney, made the presentation for the bill. He indicated
the petitioners were requesting this zoning in order to allow for the expansion of
the mall parking lot. He indicated that the revised site plan has 11 dry wells, and
a retention basin, which the mall will construct in order to help the water problem
in the area. Council Member Slavinskas made a motion to recommend this bill to the
Council favorable, as amended, seconded by Council Member Coleman. The motion
carried.
BILL NO. 109 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1315
EAST 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. Council Member Coleman made a motion to accept the
substitute bill on file with the City Clerk, seconded by Council Member Luecke. The
motion carried. John Byorni, Area Plan, gave the staff report which was favorable.
Mike Danch, Peirce & Associates, made the presentation for the bill. He indicated
this property was formerly the Wagon Wheel Restaurant, and they requesting a
rezoning in order to renovate the building for a Steak N Shake restaurant. He
indicated the rezoning was necessary in order to zone to a site plan. Council
Member Luecke made a motion to recommend this bill to the Council favorable, as
amended, seconded by Council Member Coleman. The motion carried.
BILL NO. 120 -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,
491.
REGULAR MEETING FEBRUARY 8, 1993
INDIANA, CERTAIN LAND IN PENN TOWNSHIP CONTIGUOUS THEREWITH;
NORTHEAST CORNER OF IRONWOOD ROAD AND KILLINGTON WAY.
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 to the Council. Council Member Luecke made a motion to amend this
bill in Section III by adding "5th ", seconded by Council Member Coleman. The motion
carried. Joseph Fragomeni, 20317 New Rd., made the presentation for the bill. He
indicated the Engineering Department told the developers to annex this property.
Herman Kruggel, 3303 Caroline, member of the New Apostolic Church, indicated part of
the land is in the City and part in the County, and they felt it should be under one
jurisdiction. Cary Hab, 13128 Springbrook, a member of the New Apostolic Church,
spoke in favor of this annexation. John Husband, 17808 Bellows Ct.; Jim Frame,
17826 Killington; Linda Winslow, 17904 Bellows Ct.; Michael Love, 17917 Killington;
F. James Hammer, 1341 Norwich Ct.; spoke against this annexation. Council Member
Luecke made a motion to recommend this bill to the Council favorable, seconded by
Council Member Ladewski. The motion carried.
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 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. James Riggs, Economic Development, made the
presentation for the bill. He indicated they were requesting this vacation in order
to have additional property for the golf course. Council Member Puzzello made a
motion to recommend this bill to the Council favorable, seconded by Council Member
Kelly. 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 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
disclosed that he owned property within 300 feet of the requested vacation, and
asked if this would be a conflict of interest for him. Kathleen Cekanski - Farrand,
Council attorney, indicated this would not be a conflict. Council Member Slavinskas
reported that the Zoning and Vacation Committee had met on this bill and recommended
it to the Council favorable. Tom Eddington, Economic Development, made the
presentation for the bill. He indicated they were requesting this vacation in order
to improve the surrounding properties in the Studebaker Corridor area. Council
Member Luecke made a motion to recommend this bill to the Council favorable,
seconded by Council Member Coleman. 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.
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. Tom Eddington, Economic Development, made the
presentation for the bill. He indicated they were requesting this vacation in order
to improve the surrounding properties in the Studebaker Corridor area. Council
Member Luecke made a motion to recommend this bill to the Council favorable,
seconded by Council Member Duda. The motion carried.
BILL NO. 4 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
CREATING THE ZOO DEPARTMENT CLASSIFICATION WITHIN THE PARK
MAINTENANCE FUND AND APPROPRIATING MONIES FROM THE PARK
MAINTENANCE DEPARTMENT TO THE ZOO DEPARTMENT WITHIN THE PARK
MAINTENANCE FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR
1993.
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. Council Member Puzzello made a motion to accept the
substitute bill on file with the City Clerk, seconded by Council Member Washington.
496�
REGULAR MEETING
FEBRUARY 8, 1993
The motion carried. Council Member Slavinskas made a motion to further amend the
bill by changing the word "department" to "division ", seconded by Council Member
Puzzello. The motion carried. Ronald O'Connor, Fiscal Officer, made the
presentation for the bill. He indicated this bill establishes a separate
department, the Zoo Department, within the Park Maintenance Fund, as well as
transfers moneys into this fund. He indicated that the establishment of the new
department will improve accounting on zoo related expenditures. Council Member
Puzzello made a motion to recommend this bill to the Council favorable, as amended,
seconded by Council Member Slavinskas. The motion carried.
BILL NO. 5 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
APPROPRIATING $312,506.00 FROM EMERGENCY MEDICAL SERVICES CAPITAL
IMPROVEMENT FUND #288 FOR THE PURCHASE OF EQUIPMENT.
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. Luther Taylor, Fire Chief, made the presentation for the
bill. He indicated this bill appropriated monies for the 1993 lease purchase
payment for Fire Department equipment. Council Member Luecke made a motion to
recommend this bill to the Council favorable, seconded by Council Member
Slavinskas. The motion carried.
BILL NO. 6 -93 A BILL APPROPRIATING $566,447 FROM THE COMMUNITY DEVELOPMENT
BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE
DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND,
INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR
BEGINNING JANUARY 1, 1993, TO BE ADMINISTERED THROUGH THE
DEPARTMENT OF ECONOMIC DEVELOPMENT.
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 Kelly reported
that the Human Resources Committee had met on this bill and recommended it to the
Council favorable. Council Member Luecke reported that he was employed by South
Bend Heritage Foundation who will be receiving moneys from this grant, however,
there is no conflict of interest. Beth Leonard, Economic Development, made the
presentation for the bill. She indicated over the past several months they had
discussed the development and implementation of a major long term neighborhood
revitalization program with the Council. She indicated phase one of the Good
Neighbors /Good Neighborhoods was being started, and the City has receive an
additional $566,447 of Community Development funds for 1993 which will be committed
to this project. 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 Washington. The motion carried.
ATTEST:
-cr.Fi /Oiu ..✓
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 7:28 p.m.
Council President Luecke presiding and nine members present.
BILLS. THIRD READING
ORDINANCE NO. 8347 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED IMMEDIATELY SOUTH OF AND ADJACENT TO THE SOUTH
BOUNDARY OF THE SCOTTSDALE MALL, 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 Washington. The bill passed by a roll call vote
of nine ayes.
ORDINANCE NO. 8348 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1315 EAST IRELAND ROAD 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
Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to pass
the bill, as amended. seconded by Council Member Coleman. The bill passed by a roll
call vote of nine ayes.
ORDINANCE NO. 8349 -93 AN ORDINANCE 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
6
49i
REGULAR MEETING FEBRUARY 8, 1993
CONTIGUOUS THEREWITH; NORTHEAST CORNER OF IRONWOOD ROAD AND
KILLINGTON WAY.
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
Zakrzewski. The motion carried. Council Member Coleman made a motion to pass the
bill, as amended. seconded by Council Member Washington. The bill passed by a roll
call vote of seven ayes and two nays (Council Members Slavinskas and Duda.)
ORDINANCE NO. 8350 -93 AN ORDINANCE 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 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. 8351 -93 AN ORDINANCE 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 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. 8352 -93 AN ORDINANCE 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.
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.
3
ORDINANCE NO. 835.4' -93
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, CREATING THE ZOO DEPARTMENT CLASSIFICATION
WITHIN THE PARK MAINTENANCE FUND AND APPROPRIATING MONIES
FROM THE PARK MAINTENANCE DEPARTMENT TO THE ZOO DEPARTMENT
WITHIN THE PARK MAINTENANCE FUND OF THE CITY OF SOUTH BEND,
INDIANA FOR THE YEAR 1993.
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 Ladewski. The bill passed by a roll call vote
of nine ayes.
ORDINANCE NO. 83551 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROPRIATING $312,506.00 FROM EMERGENCY
MEDICAL SERVICES CAPITAL IMPROVEMENT FUND #288 FOR THE
PURCHASE OF EQUIPMENT.
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.
S
ORDINANCE NO. 8356 -93 AN ORDINANCE APPROPRIATING $566,447 FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING
THE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF
THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE
AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1993, TO
BE ADMINISTERED THROUGH THE DEPARTMENT OF ECONOMIC
DEVELOPMENT.
This bill had third reading. Council Member Kelly made a motion to pass this bill,
seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine
ayes.
RESOLUTION 92 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, REQUESTING THE INDIANA GENERAL ASSEMBLY TO PASS
LEGISLATION ALLOWING SECOND CLASS CITIES WITHIN ST. JOSEPH
194
REGULAR MEETING
FEBRUARY 8, 1993
COUNTY, INDIANA, TO HAVE NINE (9) DISTRICTS FOR COUNCIL
REPRESENTATION.
Council Member Slavinskas made a motion to continue public hearing on this bill
until February 22, seconded by Council Member Washington. The motion carried.
r
RESOLUTION NO. 2012 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND
COMMONLY KNOWN AS 2502 LAWTON STREET AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX
ABATEMENT FOR HOOSIER TANK AND MANUFACTURING
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 2502 Lawton St. South Bend, Indiana, and which is more
particularly described as follows:
Lots sixty (60) sixty -one (61), sixty -two (62) sixty -three (63), sixty -four (64)
sixty -five (65) sixty -six (66) and sixty -seven (67) as shown on the recorded
Plat of West End Subdivision, within and a part of the City of South Bend,
recorded August 20, 1901 in Plat Book 8, page 46.
and this property has Key Number 182038 1327, 182038 1318, 182038 1315 and 182038
1306, 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.
A P_
49e.
REGULAR MEETING FEBRUARY 8, 1993
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.
/s/ Stephen Luecke
Member of the Common Council
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. Thomas Kinnucan, president of Hoosier Tank, made the
presentation. He indicated they needed to expand their sales, and in order to
accomplish this they had to purchase additional equipment for their manufacturing
plant. Council Member Duda made a motion to adopt this resolution, seconded by
Council Member Washington. The resolution was adopted by a roll call vote of nine
ayes.
BILLS, FIRST READING
BILL NO. 7 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
1847, 1851, AND 1855 PRAIRIE AVENUE 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 Slavinskas. The motion carried.
BILL NO. 8 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
NORTH SIDE OF THE T- INTERSECTION OF HOPE AVENUE, BENTLEY AVENUE
AND PATTY LANE, PORTAGE TOWNSHIP, IN THE CITY OF SOUTH BEND,
INDIANA.
This bill had first reading. Council Member Puzzello made a motion to refer this
bill to Area Plan, seconded by Council Member Slavinskas. The motion carried.
BILL NO. 9 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
RESCINDING ORDINANCE NO. 5539 -73 OF THE CITY OF SOUTH BEND,
INDIANA, ENTITLED "AN ORDINANCE ANNEXING CERTAIN LAND TO THE CITY
OF SOUTH BEND, INDIANA"
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 second
reading on February 22, seconded by Council Member Duda. The motion carried.
BILL NO. 10 -93 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 9 OF THE
SOUTH BEND MUNICIPAL CODE, ESTABLISHING A WATER CROSS CONNECTION
CONTROL PROGRAM TO SAFEGUARD THE SOUTH BEND PUBLIC WATER SUPPLY
IN SUPPORT OF EXISTING STATE LAW.
This bill had first reading. Council Member Coleman made a motion to refer this
bill to the Utilities Committee and set it for public hearing and second reading on
February 22, seconded by Council Member Duda. The motion carried.
BILL NO. 11 -93 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 Coleman made a motion to refer this
bill to the Utilities Committee and set it for public hearing and second reading on
February 22, seconded by Council Member Washington. The motion carried.
BILL NO. 12 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 20, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE
BY THE ADDITION OF NEW SECTION 20 -100.1 ENTITLED "PARKING
PROHIBITED BY FIRE HYDRANTS ".
This bill had first reading. Council Member Coleman made a motion to refer this
bill to the Public Safety Committee and set it for public hearing and second
reading on February 22, seconded by Council Member Ladewski. The motion carried.
UNFINISHED BUSINESS
Council Member Coleman made a motion to set Bill No. 46 -92, landmark status for
Riley High School, for public hearing and second reading on February 22 and refer it
to the Zoning and Vacation Committee, seconded by Council Member Duda. The motion
carried.
Council Member Puzzello made a motion to set Bill No. 101 -92, landmark status for
Madison School, for public hearing and second reading on April 12, and refer it to
the Zoning and Vacation Committee, seconded by Council Member Duda. The motion
carried.
PRIVILEGE OF THE FLOOR
Council Member Slavinskas made a motion to extend the length of time to five minutes
REGULAR MEETING FEBRUARY 8, 1993
for people speaking under this portion of the meeting, seconded by Council Member
Coleman. The motion carried.
Joyce Boaler, 1606 Hillsdale and Jim Cierzniak, 1156 E. Victoria, spoke against the
College Football Hall of Fame.
Ken Donnelly, 55657 Portage, spoke regarding the traffic signal at Michigan and
Western.
Dave Frank, 1733 South Bend Avenue., spoke regarding money being spent by the
different entities of government. He indicated the people should be able to express
their feelings regarding tax money being spent, and be able to vote by phone against
issues.
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 9:00 p.m.
ATTEST:
C ty Clerk
ATTEST:
.ce..�e•
Presid / /
ent