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HomeMy WebLinkAbout05-10-93 Council Meeting MinutesZE REGULAR MEETING MAY 10, 1993 Be it remembered that the Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, May 10, 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, Coleman, Duda, and Ladewski Absent: Council Member Zakrzewski 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 April 12, and 26, 1993, 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 April 12 and 26, meetings of the Council be accepted and placed on file, seconded by Council Member Washington. The motion carried. REPORTS OF CITY OFFI Kathy Dempsey, Director of Code Enforcement, gave a report on the new programs they have put into effect regarding landlords. She indicated they have closed 454 cases in the last four months with the new programs, compared to a high of 572 for the entire year of 1991. 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 May 10, 1993, at 7:11 p.m., with nine members present. Vice President Ladewski presiding. BILL NO. 13 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT AUTEN ROAD 1500 FEET EAST OF LAUREL ROAD IN THE CITY OF SOUTH BEND, INDIANA. Council Member Slavinskas made a motion to continue this bill, at the request of the petitioner, until May 24, seconded by Council Member Washington. The motion carried. BILL NO. 18 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF IRELAND AND LINDEN ROADS 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 had no recommendation. John Byorni, Area Plan, gave a description of the surrounding property. He indicated they had received six letters against this zoning. He indicated the Commission had sent this to the Council with a favorable recommendation. Jim Masters, attorney, for the petitioner, made the presentation for the bill. He indicated Coca -Cola has been forced to move from their present location and they must be in a new facility by the end of the construction season. He indicated this site is within the City limits, and City water and sewers is available to the site. He indicated the site is centrally located for the distribution of Coca -Cola products. He indicated they approximate cost of the facility will be two million dollars, and there will be 75 employees at this site. Joe Klebosits, commander of the Disabled American Vets, Chapter 6, who owns this property, spoke in favor of this zoning. He indicated they had purchased the property in hopes of building a chapter home at this location, however, they could not afford to have sewer and water extended to the site. Clyde Tebo, a representative of the Disabled American Vets, spoke in favor of this zoning. Betty Barker, 20941 Ireland, spoke against this zoning, indicating this property was perfect for home sites. Bob Berta, developer of Baneberry Hills, spoke against this zoning, indicating this property could be used for home sites and would connect with another property he plans to develop residentially. Bill Cira, 21240 Baneberry, spoke against this zoning and presented a petition against it (which was later withdrawn.) Calvin Shirk, 59675 Baneberry; Velma Torzewski, 5217 Gertrude; Angie Farkas, vice president of the Rum Village Association; Bob Gaines, 1717 W. Ireland; Clifford Hamilton, 20909 W. Ireland; Steve Hosinski, 59690 Baneberry; Sherri Cripe, 21222 Baneberry; Rick DeBuysser, 22800 W. Ireland; spoke against this zoning. Council Member Luecke made a motion to recommend this bill to the Council favorable, Ell REGULAR MEETING - -- — — seconded by Council Member Coleman. The motion carried. MAY 10, 1993 Council Member Coleman made a motion to recess, seconded by Council Member Luecke. The motion carried and the meeting was recessed at 9:10 p.m., and reconvened at 9:18 p.m. BILL NO. 27 -93 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 710 NORTH CUSHING 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 Oxian, president of the Historic Preservation Commission, made the presentation for the bill. He indicated this home belongs to this uncle, and has been in his family since 1951. He indicated the home has not been altered since it was remodeled in 1924. He said the home is ranked as a significant 11 on the Indiana Historic Sites and Structures Inventory. Council Member Slavinskas made a motion to recommend this bill tot he Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 28 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: CEDAR STREET, FROM NOTRE DAME AVENUE RUNNING WEST TO ST. LOUIS BOULEVARD, FOR A DISTANCE OF APPROXIMATELY 756 FEET. Council Member Luecke made a motion to continue this bill indefinitely, at the request of the petitioners, seconded by Council Member Washington. The motion carried. BILL NO. 29 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST -WEST ALLEY SOUTH OF BARTLETT STREET WEST OF LAFAYETTE BOULEVARD AND FIRST NORTH -SOUTH ALLEY EAST OF LAFAYETTE BOULEVARD NORTH OF BARTLETT STREET TO THE SOUTH LINE OF LOT 19 IN REYNOLD'S ADDITION. Council Member Luecke made a motion to continue this bill until May 24, at the request of the petitioners, seconded by Council Member Washington. The motion carried. BILL NO. 33 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF E. PLEASANT ST., FROM THE WEST RIGHT -OF -WAY LINE OF S. THIRTY -FIRST STREET TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF S. THIRTY -FIRST STREET, FOR A DISTANCE OF APPROXIMATELY 165 FT. AND A WIDTH OF APPROXIMATELY 14 FT. PART LOCATED IN EGGLESTON'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 to the Council favorable. Mark Banfy, 1101 S. 31st Street and David Knight, 1.023 31st Street, made the presentation for the bill. They indicated they were requesting this vacation for safety purposes. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 34 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES WITHIN THE ZOO ENDOWMENT FUND TO BE USED FOR CAPITAL PROJECTS AND /OR CAPITAL IMPROVEMENTS AT THE POTAWATOMI ZOO, 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. Ron O'Connor, fiscal officer for the Park Department, made the presentation for the bill. He indicated the Dorothy Shanafelt Douglas Trust can be used for the sole benefit of the Zoo. He indicated this appropriation would be used for the bird exhibits, as well as electrical service to the new animal barns. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 35 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 6, SECTION 20 -100.1 (b) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING "PARKING BY FIRE HYDRANTS PROHIBITED ". 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 made the presentation for the bill. He indicated that at the last meeting in February a bill was passed increasing the fine for parking by fire hydrants, and requiring signage. He indicated Engineering has determined that signage would be cost prohibitive, so they plan to paint the curbs. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by M REGULAR MEETING Council Member Coleman. ATTEST: City Clerk The motion carried. REGULAR MEETING RECONVENED Be it remembered that the Common Council of Council Chambers on the fourth floor of the Council President Luecke presiding, and nine BILLS, THIRD READING MAY 10, 1993 ATTEST: Chairman the City of South Bend reconvened in the County -City Building at 9:35 p.m. members were present. ORDINANCE NO. 8372 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF IRELAND AND LINDEN ROADS 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 Kelly. The bill passed by a roll call vote of six ayes and two nays (Council Members Washington and Duda.) ORDINANCE NO. 8373 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 710 NORTH CUSHING 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 Washington. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8374 -93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF E. PLEASANT ST., FROM THE WEST RIGHT -OF -WAY LINE OF S. THIRTY -FIRST STREET TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF S. THIRTY -FIRST STREET, FOR A DISTANCE OF APPROXIMATELY 165 FT. AND A WIDTH OF APPROXIMATELY 14 FT. PART LOCATED IN EGGLESTON'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 eight ayes. ORDINANCE NO. 8375 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES WITHIN THE ZOO ENDOWMENT FUND TO BE USED FOR CAPITAL PROJECTS AND /OR CAPITAL IMPROVEMENTS AT THE POTAWATOMI ZOO, CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1993. 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 eight ayes. ORDINANCE NO. 8376 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 6, SECTION 20 -100.1 (b) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING "PARKING BY FIRE HYDRANTS PROHIBITED ". 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 eight ayes. RESOLUTIONS RESOLUTION NO. 93 -46 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 445 NORTH SHERIDAN AVENUE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR BOLIDEN METECH, INC. Council Member Coleman made a motion to continue public hearing on this resolution until May 24, 1993, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2044 -93 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 212, 214, 214 1/2 N. NILES AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR MACRI'S ITALIAN BAKERY, INC. Whereas, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 212, 214, 214 1/2 N. Niles Ave., South Bend, Indiana, and which is more particularly described as follows: REGULAR MEETING MAY 10, 1993 (212 N. Niles) 14 Ft. S SIDE 93 FT W END LOT 82 AND 20 FT N SIDE 93 FT W END LOT 83 O P LOWELL. Key No. 18 5005 0115 (214 N. Niles) 52x93 FT NW COR LOT 82 O P LOWELL. Key No. 18 5005 0113 (214 1/2 N. Niles) Key No. 18 5005 0114 72 FT E END LOT 82 & 20X72 FT NE COR LOT 83 O P LOWELL and which has Key Number (see above), 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 that the petition. for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et seq., for tax abatement. Section II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment of rehabilitation: D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the deduction, all, of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. Section III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. 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 six (6) years. Conditioned on the restriction that a 3 -way liquor license (carry -out) not be allowed on site, and that in the event that said license is approved that the tax abatement would terminate immediately, at that time. Section VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. Section VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /q/ qt-anhan T.vecke REGULAR MEETING MAY 10, 1993 expand their business, and were planning to renovate an existing building and add a 4,500 foot addition to house a bakery, gourmet food section, deli and an Italian restaurant. He indicated the project will create 25 new permanent jobs in the first year. Council President Luecke indicated the following amendment should be made to Section 6 "Conditioned on the restriction that a 3 -way liquor license (carry -out) not be allowed on site, and that in the event that said license is approved that the tax abatement would terminate immediately, at that time." Council Member Puzzello made a motion to accept the amendment, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to adopt the resolution, as amended, seconded by Council Member Duda. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 36 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF S. EMERSON AVE. FROM THE SOUTH RIGHT -OF -WAY LINE OF E. CHESTER ST. TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST -WEST ALLEY SOUTH OF E. CHESTER ST., FOR A DISTANCE OF APPROXIMATELY 133 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN SUNNYMEDE THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on May 24, and refer it to the Zoning and Vacation Committee, seconded by Council Member Duda. The motion carried. BILL NO. 37 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF S. OLIVE FROM THE NORTH RIGHT -OF -WAY LINE OF W. CALVERT TO THE SOUTH RIGHT -OF -WAY LINE OF WEST DUBAIL AVE., FOR A DISTANCE OF APPROXIMATELY 600 FEET AND A WIDTH OF APPROXIMATELY 14 FT. PART LOCATED IN OLIVE PLACE ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing and third reading on May 24, and refer it to the Zoning and Vacation Committee, seconded by Council Member Kelly. The motion carried. BILL NO. 38 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1432 SOUTH BEND AVENUE, IN THE CITY OF SOUTH BEND, INDIANA, 46617. This bill had first reading. Council Member Coleman to refer the bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 39 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2420 PRAIRIE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman to refer the bill to Area Plan, seconded by Council Member Ladewski. The motion carried. BILL NO. 40 -93 A BILL TRANSFERRING $48,015 WITHIN ACCOUNTS WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF FUNDING PREDEVELOPMENT COSTS OF THE SAMPLE -EWING PROJECT AREA. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing and third reading on May 24, and refer it to the Human Resources Committee, seconded by Council Member Kelly. The motion carried. BILL NO. 41 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF LASALLE STREET AND NOTRE DAME AVENUE IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman to refer the bill to Area Plan, seconded by Council Member Kelly. The motion carried. BILL NO. 42 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INDIANA EAST -WEST TOLL ROAD AND THE U.S. 31 BYPASS IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman to refer the bill to Area Plan, seconded by Council Member Duda. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Duda. The motion carried and the meeting was adjourned at 9:58 p.m. ATTEST: Ci y Clerk ATTEST: tcc ,GCE Presiden S4� _4�i REGULAR MEETING MAY 24, 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, May 24, 1993, at 7:00 p.m. The meeting was called to order by Stephen J. Luecke, President. 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 ON MINUTES ' To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the May 10, 1993, meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Stephen J. Luecke s /Loretta J. Duda Council Member Coleman made a motion that the minutes of the May 10 meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. REPORTS OF CITY OFFICES Don Inks of the Department of Economic Development gave a report on the programs developed by their department. He presented a statistical summary of the loan programs managed. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Kelly. 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 May 24, 1993, at 7:17 p.m., with nine members present. Chairman Zakrzewski presided. BILL NO. 13 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT AUTEN ROAD 1500 FEET EAST OF LAUREL 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 Luecke made a motion to accept the substitute bill, seconded by Council Member Coleman. The motion carried. 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 it was favorable, subject to a final site plan. Richard Morgan, attorney for the petitioner, made the presentation for the bill. The apartments for the Golden Oak Development will range from $404.00 to $545.00 monthly. Council Member Zakrzewski indicated that a traffic signal is needed at Auten and Kenilworth. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 29 -93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST -WEST ALLEY SOUTH OF BARTLETT STREET WEST OF LAFAYETTE BOULEVARD AND FIRST NORTH -SOUTH ALLEY EAST OF LAFAYETTE BOULEVARD I NORTH OF BARTLETT STREET TO THE SOUTH LINE OF LOT 19 IN REYNOLD'S ADDITION. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke made a motion to accept the substitute bill, seconded by Council Member Washington. The motion carried. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Bruce Bancroft, attorney for the petitioner, made the presentation for the bill. He indicated that vacating this alley would allow Memorial Hospital to create a new entrance to their new parking garage. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 30 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 EAST LASALLE AVENUE IN THE CITY OF SOUTH BEND, INDIANA 46617. 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 sends it: to REGULAR MEETING _ - - - - MAY___ ' -- 9 9 3... �I the Council with no recommendation. John Byorni, Area Plan Commission, indicated that the Commission had sent this to the Council with no recommendation. Edward Levy, 316 -317 South Eddy Street, made the presentation on the bill. A convenience store and gas station would be built on this site. A final site plan was submitted and a drawing was presented, so that the Council members and the public could have a better view of the proposal. He also indicated that a Letter of Commitment would be prepared with the following included: No outside telephones, no outside sales of any kind (except fuel), no outside storage, no video games, no alcohol sales, and no adult items sales. Bernie Diedrich, 922 E. Jefferson Boulevard indicated that the area businesses were in favor of this zoning and usage; Jim Walsh, 307 E. LaSalle of the nearby Point Apartments indicated that it would be helpful to have a nearby business at which to purchase gas and food; Mary Jane Chase, Mar -Main Apts. Manager indicated that it would be helpful for the residents to have a close place at which to purchase gas and food. Ann Kolata of the Redevelopment Department spoke against this bill indicating that it would be "spot zoning" and they would like to keep this a pedestrian area. The Design Review Committee has certain requirements for businesses in the East Bank Area and would like to keep this area unique. Carter Wolf, 730 W. Washington; Karen Kimick, Historic Landmarks; Diane Davonne, Point Apartments; Vincent Piper, 307 E. LaSalle; Debbie Leonard, 395 E. LaSalle; John Harlan, 1601 Riverside Drive; Joe Walsh, Works Hotel General Manager; and Jon Hunt of the Economic Development Department spoke against this bill. Mr. Edward Levy was given a rebuttal time. He indicated that the proposed convenience store and gas station would not be a hindrance and that it would be designed and landscaped in "good taste" and would be an asset to the area. Council Attorney Cekanski - Farrand indicated that we would recommend the recording of the Letter of Commitment. Council Member Kelly made a motion to recommend this bill to the Council favorable, subject to the inclusion of a "letter of commitment" to be recorded with the St. Joseph County Recorder at the expense of the petitioner, seconded by Council Member Puzzello. The motion carried by a roll call vote of six ayes and three nayes (Council Members Ladewski, Luecke, and Washington). Council Member Coleman moved for a five minute recess, seconded by Council Member Ladewski. Motion carried. The meeting reconvened at 9:50 p.m. BILL NO. 36 -93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF S. EMERSON AVE. FROM THE SOUTH RIGHT -OF -WAY LINE OF E. CHESTER ST. TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST -WEST ALLEY SOUTH OF E. CHESTER ST., FOR A DISTANCE OF APPROXIMATELY 133 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN SUNNYMEDE THIRD 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. Bill Nash, 1316 Chester Street, made the presentation on this bill. The main reason for this alley vacation is for the safety of the neighborhood children. There has been a problem with various cars using the alley with speeds of 25 -30 miles per hour. Kathy Kurek, 1320 Chester; John Kurek, 1320 Chester; both spoke in favor of the bill. Mary Jane Chase, 1302 Chester, submitted a petition with twenty of the neighbors signatures against this vacation. Alley access to the garages was the reasoning for their objections. Rebuttal time was given to Mr. Nash, who was insistent that the alley be vacated for safety reasons. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried by a vote of eight ayes and one nay (Council Member Kelly). BILL NO. 37 -93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF S. OLIVE FROM THE NORTH RIGHT -OF -WAY LINE OF W. CALVERT TO THE SOUTH RIGHT -OF -WAY LINE OF WEST DUBAIL AVE., FOR A DISTANCE OF APPROXIMATELY 600 FEET AND A WIDTH OF APPROXIMATELY 14 FT. PART LOCATED IN OLIVE PLACE 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. Lori Gesto, 516 Miami Club Court, made the presentation on this bill. This alley has not been used as an alley for many years, and this will allow her multiple lots to be combined into two key numbers for her properties. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 40 -93 AN ORDINANCE TRANSFERRING $48,015 WITHIN ACCOUNTS WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF FUNDING PREDEVELOPMENT COSTS OF THE SAMPLE -EWING PROJECT AREA. 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. Elizabeth Leonard of the Economic Development Department made 49 �_5®® REGULAR MEETING MAY 1993 the presentation on the bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Ladewski. The motion carried. ATTEST: 'Ci'ty Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of Council Chambers on the fourth floor of the Council President Luecke presiding, and nine BILLS, THIRD READING the City of South Bend reconvened in the County -City Building at 10:28 p.m. members were present. ORDINANCE NO. 8377 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT AUTEN ROAD 1500 FEET EAST OF LAUREL 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 Washington. The motion carried. Council Member Coleman made a motion to pass this bill, as amended, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8378 -93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST -WEST ALLEY SOUTH OF BARTLETT STREET WEST OF LAFAYETTE BOULEVARD AND FIRST NORTH -SOUTH ALLEY EAST OF LAFAYETTE BOULEVARD NORTH OF BARTLETT STREET TO THE SOUTH LINE OF LOT 19 IN REYNOLD'S ADDITION. 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 Washington. 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. 8379 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 EAST LASALLE AVENUE IN THE CITY OF SOUTH BEND, INDIANA 46617. This bill had third reading. Council Member Slavinskas made a motion to pass the bill, subject to the language in the letter of commitment to be filed in the City Clerk's Office and recorded in the St. Joseph County Recorder's Office, as presented in the Committee of the Whole, seconded by Council Member Coleman. The bill passed by a roll call vote of six ayes and three nayes (Council Members Ladewski, Luecke:, and Washington). ORDINANCE NO. 8380 -93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF S. EMERSON AVE. FROM THE SOUTH RIGHT -OF -WAY LINE OF E. CHESTER ST. TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST -WEST ALLEY SOUTH OF E. CHESTER ST., FOR A DISTANCE OF APPROXIMATELY 133 FEET ANI) A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN SUNNYMEDE THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Puzzello made a motion to pass the bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of eight ayes and one nay (Council Member Kelly). ORDINANCE NO. 8381 -93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF S. OLIVE FROM THE NORTH RIGHT -OF -WAY LINE OF W. CALVERT TO THE SOUTH RIGHT -OF -WAY LINE OF WEST DUBAIL AVE., FOR A DISTANCE OF APPROXIMATELY 600 FEET AND A WIDTH OF APPROXIMATELY 14 FT. PART LOCATED IN OLIVE PLACE ADDITION TO 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 Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8382 -93 AN ORDINANCE TRANSFERRING $48,015 WITHIN ACCOUNTS WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF FUNDING PREDEVELOPMENT COSTS OF THE SAMPLE -EWING PROJECT AREA. REGULAR MEETING MAY , 1993 This bill had third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS BILL NO.93 -46 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 445 NORTH SHERIDAN AVENUE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR BOLIDEN METECH, INC. Council Member Zakrzewski made a motion to continue public hearing on this bill until June 14, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2045 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 212, 214, 214 -1/2 N. NILES AVE., TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 6 YEAR REAL PROPERTY TAX ABATEMENT FOR.MACRI'S ITALIAN BAKERY, INC. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 212, 214, 214 1/2 N. Niles and which is more particularly described as follows: (212 N. Niles) 14 Ft. S SIDE 93 FT W END LOT 82 AND 20 FT N SIDE 93 FT W END LOT 83 O P LOWELL. Key No. 18 5005 0115 (214 N. Niles) 52x93 FT NW COR LOT 82 O P LOWELL. Key No. 18 5005 0113 (214 1/2 N. Niles) Key No. 18 5005 0114 72 FT E END LOT 82 & 20X72 FT NE COR LOT 83 O P LOWELL with said real estate having the following Key No. (see above) as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12- .1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows. Section I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. Section III. This Resolution shall be in full force and effect from and after 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. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Robert Mackey, representative for the petitioner, made the presentation. Council Member Coleman made a motion to amend the resolution, in Section 6 "Conditioned on the restriction that a 3 -way liquor license (carry -out) not be allowed on site, and that in the event that said license is approved that the tax abatement would terminate immediately, at that time." seconded by Council Member Washington. Council Member Coleman made a motion to adopt this resolution, as amended, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. r, REGULAR MEETING MAY _ , 1993 RESOLUTION NO. 2046 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE CONCEPT OF A FULLY CONTROLLED ACCESS HIGHWAY FROM SOUTH BEND TO INDIANAPOLIS. Whereas, U.S. 31 between the City of Indianapolis and the City of South Bend is currently the main thoroughfare between these communities; and Whereas, over the past several years construction, especially in the Kokomo area, the Carmel area, and just north of the City of Indianapolis city limits, has caused major delays when traveling this route; and Whereas, the City of South Bend believes that a fully controlled access highway between the cities of Indianapolis and South Bend would enhance the transportation systems between these two communities and have a positive impact for the commercial drivers, the business persons, as well as the traveling motorists; and Whereas, the City of South Bend fully endorses the efforts of MACOG in spearheading the plans for a fully controlled access highway and believes that there are ample public safety and economic reasons firmly supporting this position. 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 supports and endorses a fully controlled access highway between the cities of INdianapolis and South Bend.. Section II. The City of South Bend, through its Common Council, encourages business and civic leaders as well as the public in general, to voice their support of the upgrade of this vital highway system by sending letters of support to MACOG. 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/ Stephe Luecke First Distrn ict /s/ Cleo Washington Second District /s/ Roland Kelly Third District /s/ Ann Puzzello Fourth District /s/ Linas Slavinskas Fifth District /s/ Thomas Zakrzewski Sixth District /s/ Sean Coleman At Large /s/ Loretta Duda At Large s/ Eugene Ladewski At Large A public hearing was held on the resolution at this time. Council Member Zakrzewski and Charles Minkler of MACOG made a joint presentation. Ernest Dickson, 2706 Wall, spoke in opposition, as he was concerned about environmental damage. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Washington. The motion was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 43 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE WEST 116 FEET OF THE FIRST EAST -WEST ALLEY NORTH OF LASALLE STREET, RUNNING BETWEEN NOTRE DAME AVENUE AND FRANCES STREET. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing on June 28, seconded by Council Member Washington. The motion carried. BILL NO. 44 -93 A BILL TRANSFERRING $39,037 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Duda made a motion to refer this bill to the Human Resources Committee and set it for public hearing on June 14, seconded by Council Member Zakrzewski. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill No. 26 -93, zoning for South Side of Jackson /East of Ironwood, for public hearing and second reading on June 14 and refer it to the Zoning and Vacation Committee, seconded by Council Member Washington. The motion carried. NEW BUSINESS Council Member Zakrzewski reported that the 1984 and 1991 Solid Waste Reports are on file in the office of the City Clerk. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke regarding the Football Hall of Fame and distributed a two page report to the Council members. There being no further business to come before the Council, unfinished or new, Council Member Ladewski made a motion to adjourn, seconded by Council Member Zakrzewski. The motion carried and the meeting adjourned at 10:50 p.m. ATTEST: C ty Clerk ATTEST: Presi ent 3�