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HomeMy WebLinkAbout01-26-87 Council Meeting MinutesREGULAR MEETING JANUARY 26, 1987 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, January 26, 1987, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Braboy, Beck, Puzzello, Taylor, Zakrzewski, Barcome, Paszek, Voorde and Serge 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 January 5 and January 12 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Beverlie J. Beck /s/ Al Paszek /s/ Joseph T. Serge Council Member Puzzello made a motion that the minutes of the January 5 and January 12, 1987, meetings of the Council be accepted and placed on file, seconded by Council Member Beck. The motion carried. SPECIAL BUSINESS Council Member Beck made a motion to set the February 9 meeting at 4:00 p.m., seconded by Council Member Barcome. The motion carried. REPORTS Council Member Paszek indicated the Utilities Committee had met on Bill No. 5 -87 and recommended it to the Council favorable. Council Member Barcome indicated that the Personnel and Finance and Parks Committee had met on Bill no. 3 -87 and recommended it favorable. Council Member Beck indicated that the Personnel and Finance Committee had met on Bill No. 119 -86 and it would be continued until February 9. Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill nos. 118 -86, 1 -87 and recommended them favorable. He indicated that Bill no. 2 -87 will be stricken from the agenda at the request of the petitioners. Council Member Braboy indicated that the Human Resources Committee had met on Resolutions 87 -2, 3, and 4. She indicated Resolutions 87 -2 and 3 will be continued until February 9. Craig Hartzer, Deputy Mayor, indicated they had visited animal control facilities in Sioux City, Iowa and South Sioux City, Nebraska. He indicated it was not impossible for a private firm to provide animal control. He indicated the City has always intended to contract with the Humane Society. He indicated that thanks to the Council's support that goal has been accomplished. He indicated that a contract will be signed at the Board of Works meeting on Tuesday. He indicated this will be a two year contract. Council Member Voorde made a motion to resolve into the Committee of the Whole, seconded by Council Member Barcome. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on January 26, at 7:17 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 118 -86 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT LOTS 30 AND 31 IN HAROLD C. WIDENER'S FIRST ADDITION, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, 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. Larry Magliozzi, from Area Plan, gave the staff report, which was favorable. James Cook, realtor, indicated this site was previously rezone C2, Commercial. He indicated two one story buildings will be built on this site, one will be leased to Allstate for a regional office and the other will be a professional building. He indicated they planned to invest $650,000 in this project. Council Member Voorde made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. REGULAR MEETTWn TANUARY -2.6 -, -1_987 BILL NO. 1 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST AND WEST ALLEY NORTH OF COLFAX AVENUE AND SOUTH OF LASALLE AVENUE RUNNING EAST FROM LAFAYETTE BOULEVARD FOR A DISTANCE OF 166 FEET TO THE WEST SIDE OF AN ALLEY RUNNING NORTH AND SOUTH BETWEEN COLFAX AVENUE AND LASALLE AVENUE IN THE CITY OF SOUTH BEND, INDIANA AND BEING THAT ALLEY LOCATED BETWEEN LOTS 231 AND 232 AS SHOWN ON THE RECORDED PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Louis Chapleau, attorney, made the presentation for the bill. He indicated the South Bend Tribune was requesting this alley vacation. He indicated they owned all the property involved. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council member Paszek. The motion carried. BILL NO. 2 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST -WEST ALLEY, EXCEPTING 14' NORTH -SOUTH INTERSECTION, IN THE BLOCK BOUNDED BY DUBAIL, CALVERT -GRANT AND WARREN BEING IN HIGHLAND PARK 1ST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Council Member Voorde made a motion to strike this bill from the agenda, at the request of the petitioners, seconded by Council Member Barcome. The motion carried. BILL NO. 119 -86 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 7, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE DELETION OF SECTIONS 2 -86 THROUGH 2 -91 ADDRESSING BUDGETARY PROCEDURES. Council Member Taylor made a motion to continue public hearing on this bill until February 9, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 3 -87 A BILL APPROPRIATING $111,948.87 FROM THE NON - REVERTING EAST BANK TRAIL FUND TO ACCOUNT 399.0 CONTRACTUAL SERVICES, SAID ACCOUNT BEING WITHIN THE EAST BANK TRAIL FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. James Seitz, Superintendent of Parks, made the presentation for the bill. He indicated this money was not tax money it was from grants received from private citizens and and Water Conservation Fund in the amount of $100,000. He indicated the first phase of the project is estimated to cost $200,000 which would include land acquisition, barricades, lights, seating areas, and some repair of the viaducts at Michigan and Leeper Avenue. Irene Mutzl, 320 Parkovash, spoke in favor of this bill. Roman Kowalski, 802 Birchwood, spoke against this bill. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 5 -87 A BILL AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE AND ESTABLISHING A SCHEDULE OF RATES, CHARGES AND SURCHARGES FOR SERVICES RENDERED BY THE SOUTH BEND WASTEWATER TREATMENT PLANT. 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 Beck made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Braboy. The motion carried. John Leszczynski, City Engineer, made the presentation for the bill. He indicated the original bill had a rate of $1.29 for minimum usage, and the substitute bill has been changed to remain at $1.16 or $5.80 a month. He indicated this bill establishes a heavy demand substance charge. He indicated sewage rates have not been increased since 1980. T. Brooks Brademas, 425 S. Michigan, spoke against this utility increase. He indicated this is a clear case of discrimination against the elderly and minorities living in apartment complexes. Joseph Guentert, 3510 Corby, spoke regarding the operation of the Waste Water Treatment Plant. Roman Kowalski, 802 Birchwood; Ken Donnelly, 2605 Frederickson, spoke against this bill. Irene Mutzl, 320 Parkovash, asked that this bill be continued. Council Member Zakrzewski made a motion to recess, seconded by Council Member Barcome. The motion carried and the meeting was recessed at 8 :10 p.m., and reconvened at 8:30 p.m. Council Member Beck made a motion to continue this bill in the Council portion until February 9, seconded by Council Member Zakrzewski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Beck made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion carried. ATTEST: 7 `z tl �r�rn, „.moo-.-./ City Clerk REGULAR MEETING RECONVENED ATTEST: a' Vi M REGULAR MEETING JANUARY 26, 1987 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 8:32 p.m. Council President Serge presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7724 -87 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT LOTS 30 AND 31 IN HAROLD C. WIDENER'S FIRST ADDITION, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Voorde made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. Council Member Voorde made a motion to pass the bill, as amended, seconded by Council Member Paszek. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7725 -87 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST AND WEST ALLEY NORTH OF COLFAX AVENUE AND SOUTH OF LASALLE AVENUE RUNNING EAST FROM LAFAYETTE BOULEVARD FOR A DISTANCE OF 166 FEET TO THE WEST SIDE OF AN ALLEY RUNNING NORTH AND SOUTH BETWEEN COLFAX AVENUE AND LASALLE AVENUE IN THE CITY OF SOUTH BEND, INDIANA AND BEING THAT ALLEY LOCATED BETWEEN LOTS 231 AND 232 AS SHOWN ON THE RECORDED PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7726 -87 AN ORDINANCE APPROPRIATING $111,948.87 FROM THE NON - REVERTING EAST BANK TRAIL FUND TO ACCOUNT 399.0 CONTRACTUAL SERVICES, SAID ACCOUNT BEING WITHIN THE EAST BANK TRAIL FUND. This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. BILL NO. 5 -87 A BILL AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE AND ESTABLISHING A SCHEDULE OF RATES, CHARGES AND SURCHARGES FOR SERVICES RENDERED BY THE SOUTH BEND WASTEWATER TREATMENT PLANT. Council Member Puzzello made a motion to continue this bill in the Council portion on February 9, seconded by Council Member Beck. The motion carried. RESOLUTION NO. 87 -2 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 2920 SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. RESOLUTION NO. 87 -3 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 2920 SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT. Council Member Taylor made a motion to continue public hearing on Resolutions 87 -2 and 87 -3, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 1462 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 213 WEST WASHINGTON AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 213 West Washington, South Bend, Indiana, and which is more particularly described by a line drawn as follows: PARCEL I: Lots Numbered Two Hundred Thirty -Nine (239) and Two Hundred Forty (240) as shown on the original plat of the Town, now City of South Bend, Indiana; ALSO, a parcel of land to the West of and adjacent to Lots 239 and 240 as shown on the original plat of the Town, now City of South Bend, Indiana, more particularly described as beginning at the Southwest corner of said Lot Numbered 240; thence north along the West line of said Lots to the Northwest corner of said Lot Numbered 239; thence West 14 feet; thence South to a point 14 feet West of the point of beginning; thence East 14 feet to the point of beginning. (a) Title to the building and improvements located on Parcels 1, 2, and 3. Z _- - -- - -. EGULAR- MEETI -NG (b) Lessee's interest in leasehold on the fee simple title to parcel 1 under 99 year ground lease from Pak Joint Venture (landlord), a joint venture organized and existing under the laws of the State of Indiana and composed of Pick - Indiana Corporation, an Indiana corporation, American Realty of South Bend, Inc., an Indiana corporation, and K. M. Corporation, an Indiana corporation (which Landlord's interest is now by mesne assignments held by Americana Hotels and Realty Corporation, a Maryland corporation), to Jack W. Kelley (Tenant), which Tenant's interest by mesne assignments is now held by Americana South Bend Associates, an Indiana General partnership), dated December 1, 1967 and recorded January 30, 1968 in Miscellaneous Record book 236, pages 618 to 668, both inclusive, amended by Supplemental Agreement to Ground Lease by and between the said Landlord and the said Tenant dated December 1, 1967 and recorded July 15, 1968 in Miscellaneous Record Book 241, pages 135 to 143, both inclusive, in said Recorder's Office. (c) Easements for the benefit of the interests in the land described as 2 (a) and 2 (b) above, granted by American National Bank and Trust Company of South Bend, now Valley American Bank and Trust Company, to Pak Joint Venture dated November 3, 1970 and recorded November 6, 1970 in deed record 732, pages 299 and 300, as corrected by correcting affidavit recorded November 16, 1970 in Deed Record 732, page 454 (as to Parcel 2) and dated November 11, 1970 and recorded November 16, 1970 in Deed Record 732, pages 455 and 456 (as to Parcel 3), in the Office of the Recorder of St. Joseph County, Indiana, and granted, expanded and confirmed by Agreement Confirming Easements from V. B. T. Realty Corp., an Indiana corporation, to The Main and Washington joint Venture dated January 16, 1984 and recorded April 6, 1984 as Document No. 8406169 in the Office of the Recorder of St. Joseph County, Indiana, and further granted, expanded and confirmed by Second Confirmation of Easements between Valley American Bank and Trust Company and V. B. T. Realty Corp., dated April 6, 1984 and recorded April 6, 1984 as Document no. 8406170 in the office of the Recorder of St. Joseph County, Indiana. PARCEL 2: Beginning at the Southeast corner of Lot Numbered Two Hundred Forty -Three (243) as shown on the Original Plat of the Town, now city of south Bend, Indiana; thence North, on and along the East line of said Lot 243, 66 feet, more or less, to the South line of an alley that is 14 feet wide and is known as Columbia Court; thence East, on and along said South line of said alley, 15 feet to a point; thence South 66 feet, more or less, to a point on the North line of Lot 239 in said Original Plat; thence West, on and along said North line of said Lot 239, 15 feet to the point of beginning. PARCEL 3: Part of Lot Numbered Two Hundred Thirty -Eight (238) as shown on the Original Plat of the Town, now city, of South Bend, Indiana, more particularly described as follows: Beginning at a point 1.0 feet East of the Southwest corner of said Lot 238; thence North parallel with the West line of said Lot 238, 12.80 feet; thence East parallel with the mmm South line of said Lot 238, 7.80 feet; thence South parallel with said west line of said Lot 238. 7.47 feet; thence East parallel with the South line of said Lot 238, 21.63 feet; thence South parallel with the West line of said Lot 238, 5.33 feet to a point on said South line of said Lot 238: thence West, on and along said South line of said Lot 238, 29.43 feet to the point of beginning. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12,1 -1, et seq.; and WHEREAS, the Redevelopment Commission 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 has further prepared maps and plats showing the boundaries and such other information as required by law of the area in questions; 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. That 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 purposes of real property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. o REGULAR MEETING JANUARY 26, 1987 SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Kathy Cekanski- Farrand, Council attorney, indicated this resolution should be amended on page 2, Section II, to read "this designation of this area shall be limited to two (2) calendar years ". Council Member Beck made a motion to accept this amendment, seconded by Council Member Braboy. The motion carried. Ernie Szarwark, attorney for the petitioner, indicated Valley Realty Trust has acquired this property and plans to spend approximately $6,000,000 redevelopment the building with the intention of reopening the hotel portion as a Holiday Inn. He indicated the project will create 150 new permanent full -time jobs and maintain seven existing full -time jobs and 4 existing part -time jobs. He indicated this project will attract more people to the downtown area and will enhance the viability of the Century Center as it will provide additional first class lodging space. Council Member Beck made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. PRIVILEGE OF THE FLOOR Ralph Johnson, 734 N. Cushing, spoke regarding the Humane Society. Lee Brummett, 1139 Diamond, asked if the Waste Water Treatment Plant had an assistant manager. Irene Mutzl, 320 Parkovash, spoke regarding privatization. Joe Guentert, 3510 Corby, spoke regarding the management of the Waste Water Treatment Plant. Ken Donnally, 2506 Frederickson, spoke regarding the stadium. Romal Kowalski, 802 Birchwood, spoke regarding city services. Patrick Doyle, 730 W. Jefferson, spoke regarding street lighting and the Waste Water Treatment Plant. There being no further business to come before the Council, unfinished or new, Council Member Beck made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 9:08 p.m. ATTEST: /dam City Clerk APPROVED: