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HomeMy WebLinkAbout06-14-93 Council Meeting Minutes-)5 REGULAR MEETING JUNE 14, 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, June 14, 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 24, 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 24 meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. REPORTS OF CITY OFFICES Police Chief Marciniak gave a report on the crime rate and statistics in South Bend. 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 South Bend met in the Committee of the Whole on June 14, 1993, at 7:24 p.m., with nine members present. Chairman Zakrzewski presided. BILL NO. 26 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF JACKSON ROAD 2642.32 FT. EAST OF IRONWOOD 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. John Byorni, Area Plan, gave the Commission report, which was favorable. Mike Danch, Peirce and Associates, made the presentation for the bill. He indicated this property was previously zoned in 1989, and it was not developed, therefore it is necessary to again request a zoning change to "B" residential and "C" Commercial to allow multi - family condominiums and retail shops. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 44 -93 A BILL TRANSFERRING $39,037 AMONG VARIOUS ACCOUNTS WITHIN 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. Jon Hunt, Director of Economic Development, made the presentation for the bill. He indicated $33,265 will be transferred into the Neighborhood Resources and Technical Services Corp, in order to encourage neighborhood revitalization through Good Neighbors /Good Neighborhoods; and $5,772 will be transferred into the Bureau of Housing Management and Inspection to defray expenses. Joyce Kaniewski, 820 Ashland, indicated that the by -laws for the NRTS allows for six members of the committee be from residential neighborhood associations or be associated in some manner. She felt that the six members should only be from neighborhood associations. David Fritz, 618 Leland, indicated the Near Northwest Neighborhood Association supported the concept, and indicated that the neighborhoods will truly be represented on the board. Mario Sims, 1050 Johnson, president of the Near Northwest Neighborhood Association, spoke in favor of this bill. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. 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: ATTEST: r-5 5 REGULAR MEETING JUNE 14, 1993 City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City cart' South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:43 p.m. Council President Luecke presiding, and nine members were present. BILLS, THIRD READING ORDINANCE NO. 8382 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF JACKSON ROAD 2642.32 FT. EAST OF IRONWOOD ROAD 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 Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8383 -93 AN ORDINANCE TRANSFERRING $39,037 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTION NO. 2046 -93 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. 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 445 N. Sheridan and which is more particularly described as follows: A tract of land in the Southwest 1/4 of Section 4, Township 37 North Range 2 East located in Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point; on the West line of Sheridan Avenue (80 foot right -of -way) 420.19 feet North (assumed bearing) of the North line of Linden Avenue (80 foot right -of -way) which point is also 307 feet West and 460.19 feet North of the Southeast corner of said Southwest 1/4 of Section 4; thence Northerly along said West line of Sheridan Avenue 673.22 feet to the Southerly right -of -way line of the Consolidated Rail Corporation (formerly the New York Central Railroad); then North 70ol8'30" West along said Southerly right -of -way line of the Consolidated Rail Corporation 429.83 feet; then South OOo03'15" East of the North line of Linden Avenue; thence East perpendicular to the West line of Sheridan Avenue 370.56 feet to the point of beginning, containing 6.286 acres, more or less. with said real estate having the following Key No. 182193725701, 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 Personal 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 personal property tax deduction for a period of five (5) 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. REGULAR MEETING JUNE 14, 1993 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. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated this company was purchasing new manufacturing equipment which will allow complete processing of the scrap metal to be done on site in South Bend. He indicated that this equipment would allow the company to have competitiveness'in the market. Council Member Coleman made a motion to adopt this resolution,'seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 93 -50 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 THE NORTHEAST CORNER OF HAMILTON AND HUEY STREETS, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR GREATER SOUTH BEND DEVELOPMENT COMPANY Council Member Slavinskas made a motion to continue public hearing on this bill to June 28, seconded by Council Member Zakrzewski.'', The motion carried. RESOLUTION NO. 2047 -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 3511 AND 3615 WEST VOORDE DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT FOR CAPITOL TECHNOLOGIES, 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 3511 and 3615 W. Voorde Dr., South Bend, Indiana, and which is more particularly described as follows: 3615 W. Voorde Dr., 2.664 AC BEG. 814 FT. SO & 727.2 E CENTER SEC 33 -38 -2E with said real estate having the following Key No. 18- 92184693816; and 3511 W. Voorde Dr., and which is more particularly described as follows: Beg. 815.52's & 1348.23' W NE Cor Sec 33 -38 -2E 2.61 acres with said real estate having the following Key No. 18- 02184693805, 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 seg., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et seg., for tax abatement. Section II. The Common Council hereby 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 during the construction phase of this development can',be reasonably expected to result from the proposed described redevelopment or rehabilitation: D. That the other benefits about which information was requested are benefits that can be reasonably expected to result fromthe proposed described redevelopment or rehabilitation; and E. 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 3� REGULAR MEETING JUNE 14, 1993 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 and hereby makes such a designation. 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. 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. /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. Council Member Kelly made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Robert Kasteals, treasurer of Capitol, made the presentation. He indicated this project calls for the construction of a new assembly building. which will allow for automated equipment. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 45 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 53500 OLIVE ROAD, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Slavinskas made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 46 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1624 SOUTH BEND 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 Washington. The motion carried. BILL NO. 47 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 135 EAST IRELAND ROAD, 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 Washington. The motion carried. BILL NO. 48 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3517 EDISON ROAD 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 Duda. The motion carried. BILL NO. 49 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1019 LASALLE STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 50 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2430 KENWOOD 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 Duda. The motion carried. BILL NO. 51 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF N. BENDIX DR. FROM THE NORTH RIGHT -OF -WAY LINE OF W. GREEN ST. TO THE SOUTH RIGHT OF -WAY LINE OF THE FIRST INTERSECTING EAST -WEST ALLEY NORTH OF W. GREENE ST. FOR THE DISTANCE OF APPROXIMATELY 114 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; ALSO, A PORTION OF SAID EAST -WEST ALLEY FROM THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY e REGULAR MEETING JUNE 14, 1993 WEST OF N. BENDIX DR. TO THE EAST LINE OF LOT 36, WESTCHESTER FIRST UNIT. PART LOCATED IN WESTCHESTER FIRST UNIT IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Slavinskas made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on June 28, seconded by Council Member ',Coleman. The motion carried. BILL NO. 52 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 6, SECTION 18 -57 OF THE SOUTH BEND MUNICIPAL CODE BY AMENDING SAID SECTION ADDRESSING THE PENALTY FOR FAILURE TO DISPLAY ADDRESS STREET NUMBERS, AND ADDING THE PENALTY TO SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Safety Committee and set itlfor public hearing and third reading on June 28, seconded by Council Member Duda. The motion carried. BILL NO. 53 -93 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 4 OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE ESTABLISHING AN ORDINANCE PROHIBITING THE USE OF MOTOR VEHICLES FOR THE PURPOSE OF PATRONIZING, PROMOTING AND /OR THE COMMISSION OF PROSTITUTION. 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 third reading on June 28, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Gene Oakley, 2614 York Road, spoke regarding costs associated with building the new Riley High School, and the closing of Calvert Street. Council Member Slavinskas made a motion to allow him to speak two additional minutes, seconded by Council Member Coleman. The motion carried. Ken Donnelly, 55657 Fairview Ct., spoke against the closing of Calvert Street; he suggested that street signs carry the direction and block number; and gave several locations where traffic signals are needed. Council Member Slavinskas made a motion to allow him to speak two additional minutes, seconded by Council Member Ladewsk:i. The motion carried. Ernest Dickson, 2706 Wall St., spoke regarding ',the loss of freedom in this country. 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 Puzzello. The motion carried and the meeting adjourned at 8:17 p.m. ATTEST: ATTEST: City Clerk President