HomeMy WebLinkAbout07-26-93 Council Meeting Minutest)3 7
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REGULAR MEETING
JULY 26, 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, July 26, 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,
Zakrzewski, Coleman, Duda and Ladewski
Absent: Council Members Puzzello and Slavinskas
SPECIAL BUSINESS
Council Member Coleman made a motion to set a special meeting for July 29, at 9:30
p.m., to hear Bill nos. 59 & 60 -93, the salary ordinances, seconded by Council Member
Duda. The motion carried.
Don Fozo, Building Superintendent, gave a departmental report. He reported they had
issued 5,703 permits so far this year: and for the first six months of the year they
were only $10,516.63 under revenues, and this includes capital expenditures for
vehicles and office renovation.
Police Captain Ed Friend gave a report on the River Rescue Team's trip to Des Moines
Iowa.
Council Member Ladewski read a letter from our Sister City of Czestochowa Poland
congratulating South Bend on the anniversary of our country's independence.
Council Member Coleman made a motion to resolve into the Committee of the Whole,
seconded by Council Member Puzzello. 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 July 26, 1993 at 7:15 p.m., with seven members present.
Chairman Zakrzewski presiding.
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 being the time heretofore set for public hearing on the above bill, proponents
and opponents were given an opportunity to be heard. Council Member Coleman made a
motion to accept the substitute bill on file with the City Clerk, seconded by Council
Member Duda. The motion carried. Council Member Zakrzewski reported that the
Zoning and Vacation Committee had met on this bill and recommended it to the Council
favorable. Scott Kugler, Planner for Area Plan, read the Commission report, which
was favorable. Jed Eide, 1121 E. Wayne, made the presentation for the bill. He
indicated his architectural firm intended to build an office at this location some
years ago, but due to unforeseen problems they had to wait until now. He indicated
the building they plan to construct will be residential in character. Council Member
Coleman made a motion to recommend this bill to the Council favorable, as amended,
seconded by Council Member Kelly. 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. GREENE 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 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.
At the request of the petitioner, Council Member Coleman made a motion to strike this
bill, seconded by Council Member Duda. The motion carried.
Bill NO. 58 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF THE CITY OF
SOUTH BEND AMENDING ARTICLE 9 OF CHAPTER 2 OF THE SOUTH BEND
MUNICIPAL CODE, ENTITLED "HUMAN RIGHTS ORDINANCE ".
At the request of the petitioner, Council Member Luecke made a motion to continue
this bill indefinitely, seconded by Council Member Washington. The motion carried.
Council Member Luecke made a motion to continue Bill nos. 59 & 60 -93 until July 29,
at 9:30 p.m., seconded by Council Member Coleman. The motion carried.
BILL NO. 59 -93 A BILL FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF
FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR THE CALENDAR
YEARS 1994, 1995, AND 1996.
BILL NO. 60 -93 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS
AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA,
FOR THE CALENDAR YEARS 1994 AND 1995.
Council Member Luecke made a motion to rise and report to the Council, seconded by
Council Member Coleman. The motion carried.
ATTEST; ATTEST:
578
REGULAR MEETING
City Clerk
REGULAR MEETING RECONVENED
JULY 26, 1993
Be it remembered that the Common Council okt'�e CitJ-`6f South Bend reconvened in the
Council Chambers on the fourth floor of the County -City Building at 7:21 p.m.
Council President Luecke presiding, and seven members present.
BILLS, THIRD READING
ORDINANCE NO. 8395 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1624 SOUTH BEND AVENUE 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 the
bill, as amended, seconded by Council Member Washington. The bill passed by a roll
call vote of seven ayes.
RESOLUTIONS
Council Member Coleman made a motion to combine public hearing on the next two
resolutions, seconded by Council Member Duda. The motion carried.
RESOLUTION NO. 2056 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 CLEVELAND TO BE
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10)
YEAR REAL PROPERTY TAX ABATEMENT FOR AE PISTON PRODUCTS,
INC., PISTON BUILDING EXPANSION
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 3605 West
Cleveland Road, South Bend IN, and which is particularly described as follows:
A tract of land in part of the East half of Section 21, Township 38 North, Range
2 East, 2nd P.M. St. Joseph County, Indiana, and more particularly described as
follows:
Beginning at a point on the East -West Half section line of said East Half North
88 degrees 53 minutes 36 seconds East 915.58 feet from the center of said
Section 21; thence North 0 degrees 56 minutes 57 seconds West 338.80 feet;
thence North 88 degrees 53 minutes 36 seconds East, parallel with the East -West
half section line of said Section 800.00 feet; thence South 0 degrees 56 minutes
57 seconds East 1726.13 feet; thence northwesterly 550.14 feet along an arc to
the right having a radius of 4463.66 feet and subtended by a long chord having a
bearing of North 54 degrees 36 minutes 59 seconds West and a distance of 549.80
feet; thence North 51 degrees 05 minutes 08 seconds West 465.22 feet; thence
North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East -West half
section line of said East half the point of beginning and containing 26.203
acres more or less.
with said real estate having the following Key No. 25- 1013 -0218 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 sea..
SECTION III. This Resolution shall be in full force and effect from and after its
579
REGULAR
adoption by the Common Council and approval by the Mayor.
/s /Stephen Luecke
Member of the Common Council
RESOLUTION NO. 2057 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND
TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE
(5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR AE PISTON
PRODUCTS, INC., PISTON PROTOTYPE AND SKIRT COATING EQUIPMENT
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 3605 West
Cleveland Road, South Bend IN, and which is particularly described as follows:
A tract of land in part of the East half of Section 21, Township 38 North, Range
2 East, 2nd P.M. St. Joseph County, Indiana, and more particularly described as
follows:
Beginning at a point on the East -West Half section line of said East Half North
88 degrees 53 minutes 36 seconds East 915.58 feet from the center of said
Section 21; thence North 0 degrees 56 minutes 57 seconds West 338.80 feet;
thence North 88 degrees 53 minutes 36 seconds East, parallel with the East -West
half section line of said Section 800.00 feet; thence South 0 degrees 56 minutes
57 seconds East 1726.13 feet; thence northwesterly 550.14 feet along an arc to
the right having a radius of 4463.66 feet and subtended by a long chord having a
bearing of North 54 degrees 36 minutes 59 seconds West and a distance of 549.80
feet; thence North 51 degrees 05 minutes 08 seconds West 465.22 feet; thence
North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East -West half
section line of said East half the point of beginning and containing 26.203
acres more or less.
with said real estate having the following Key No. 25- 1013 -0218 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.
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 resolutions at this time. Earl Hoff, Controller for
AE Pistons, made the presentation. He indicated they planned an expansion of the
factory, as well as the purchase of new equipment in order to increase their sales.
Council Member Coleman made a motion to adopt Resolution No. 2056 -93, seconded by
Council Member Zakrzewski. The resolution was adopted by a roll call vote of seven
ayes. Council Member Zakrzewski made a motion to adopt Resolution No. 2057 -93,
seconded by Council Member Duda. The resolution was adopted by a roll call vote of
seven ayes.
RESOLUTION NO. 2058 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE NORTHEAST CORNER
OF HAMILTON & HUEY STREETS TO BE AN ECONOMIC REVITALIZATION
AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX
ABATEMENT FOR GREATER SOUTH BEND DEVELOPMENT COMPANY
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
REGULAR
WHEREAS, a Declaratory Resolution designated the area commonly known as Northeast
corner of Hamilton and Huey sts., and which is particularly described as follows:
A lot or parcel of land in the West Half of the Northeast Quarter of Section
Thirty -four, Township Thirty -eight North, Range Two East, described as beginning
at the intersection of Huey Street with the North line of Hamilton Street, in
the City of South Bend, which point is 164.26 feet North and 686 feet East of
the Southwest corner of the said Northeast Quarter of Section 34; thence running
North on the East line of Huey Street, 132 feet; thence East 127 feet; thence
South 132 feet to the North line of Hamilton Street; thence West on said line
127 feet to the place of beginning, and being known as the parcel of land 127
feet in width, East and West, taken off of and from the entire width of the West
end of Lot Numbered Eighty -seven as shown on the proposed plat of Jackson's
Subdivision, in the City of South Bend, St. Joseph County, Indiana,
with said real estate having the following Key No. 1821134148 an Economic
Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution designating
the area described herein as an Economic Revitalization Area for the purposes of tax
abatement. Such designation is for Real property tax abatement only and is limited
to two (2) calendar years from the date of adoption of the Declaratory Resolution by
the Common Council.
SECTION II. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of six (6)
years, and further determines that the petition complies with Chapter 2, Article 6,
of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seg_
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
of Value Plus Construction, made the presentation
they were working jointly with Greater South Bend
family homes that are affordable prices. Council
adopt this resolution, seconded by Council Member
adopted by a roll call vote of seven ayes.
time. Tom Ford, a representative
Eor the resolution. He indicated
Development to build new single -
Member Coleman made a motion to
Washington. The resolution was
RESOLUTION NO. 93 -57
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 251 EAST SAMPLE STEET, SOUTH
BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES
OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ZIKER
CLEANERS, INC.
Council Member Coleman
made a motion to withdraw this bill, at the request of the
petitioner, seconded by
Council Member Washington. The motion carried.
RESOLUTION NO. 2059 -93
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY' OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS 251 EAST SAMPLE TO BE
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3)
YEAR REAL PROPERTY TAX ABATEMENT FOR ZIKER CLEANERS, 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 251 East
Sample, South Bend IN, and which is particularly described as follows:
PARCEL I: The South one -half of Lot Numbered Thirty- seven(37) as shown on the
recorded Plat of Denniston and Fellows' Addition to the Town, now City of South
Bend, EXCEPTING THEREFROM, Forty (40) feet North and South and One Hundred
Thirty (130) feet East and West taken off of the South end thereof.
PARCEL II: A strip of land Thirty -three (33) feet East and West by One Hundred
Twenty -five (125) feet North and South taken off of and from the entire North
end of a parcel of land described as the West one -half (1/2) of the West One -
half) of the South One -half (1/2) of Lot Numbered Thirty -eight (38) as shown on
the recorded Plat of Denniston & Fellows's Addition to the Town, now City of
South Bend.
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1181
With said real estate having the following Key No. 18302400883 an Economic
Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution designating
the area described herein as an Economic Revitalization Area for the purposes of tax
abatement. Such designation is for Real property tax abatement only and is limited
to two (2) calendar years from the date of adoption of the Declaratory Resolution by
the Common Council.
SECTION II. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of three (3)
years, and further determines that the petition complies with Chapter 2, Article 6,
of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq.
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
/s /Stephen Luecke
Member of the Common Council
A public hearing was held on the resolution at this time. Ernest Szarwark, Attorney,
made the presentation for the bill. He indicated Ziker was building an addition to
their present facility, and adding state -of- the -art equipment. 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 seven ayes.
BILLS, FIRST READING
BILL NO. 61 -93
A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
APPROPRIATING $10,000.00 TO VARIOUS ACCOUNTS WITHIN THE
DEPARTMENT OF COMMUNITY DEVELOPMENT OF THE CITY OF SOUTH BEND.
This bill had first reading. Council Member Coleman made a motion to set this bill
for public hearing and third reding on August 9, and refer it to the Human Resources
Committee, seconded by Council Member Duda. The motion carried.
BILL NO. 62 -93 A BILL TRANSFERRING $281,565 AMONG VARIOUS ACCOUNTS WITHIN THE
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT.
This bill had first reading. Council Member Coleman made a motion to set this bill
for public hearing and third reading on August 9, and refer it to the Human Resources
Committee, seconded by Council Member Duda. The motion carried.
BILL NO. 63 -93
A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $154,000 FROM THE EMS CAPITAL IMPROVEMENT (EMS FUND
#288)
This bill had first reading. Council Member Coleman made a motion to set this bill
for public hearing and third reading on August 9, and refer it to the Public Safety
Committee, seconded by Council Member Duda. The motion carried.
UNFINISHED BUSINESS
Council Member Coleman made a motion to set Bill Nos. 45, 47, 48, 49, 50 -93 for
public hearing and third reading on August 9, and refer them to the Zoning and
Vacation Committee, seconded by Council Member Duda. The motion carried.
PRIVILEGE OF THE FLOOR
James Cierzniak spoke regarding the Football Hall of Fame.
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 7:35 p.m.
ATTEST; ATTEST:
eA_e City Clerk
President