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HomeMy WebLinkAbout01-25-88 Council Meeting MinutesKfi REGULAR MEETING JANUARY 25, 1988 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 25, 1988, 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, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, Voorde 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 11, 1988 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Zakrzewski made a motion that the minutes of the January 11, 1988, meeting of the Council be accepted and placed on file, seconded by Council Member Soderberg. The motion carried. SPECIAL BUSINESS Council President Voorde announced that Linas Slavinskas has been appointed as a member to the Area Plan Commission. Council President Voorde announced that Ed Ehlers has been reappointed to the Century Center Board of Managers. Council Member Zakrzewski 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 January 25, 1988, at 7:03 p.m., with nine members present. Chairman Zakrzewski presiding. Council Member Slavinskas, Chairman of the Zoning & Vacation Committee, announced that the Committee met and recommended Bill No. 110 -87 go to the Council with a favorable recommendation. BILL NO. 110 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE INTERSECTION OF PORTAGE AND CLEVELAND 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. Dick Johnson, Director, Area Plan Commission, gave staff report. He indicated that the staff would like to send this bill to the Council with a favorable recommendation, but the nine (9) vote requirement could not be met. The report was sent with no recommendation. Timothy Hartzer, Parker & Jaicomo, attorney for the petitioner made the presentation on the bill. He indicated that the petitioners Jack M. Hurwich and Betty Hurwich Zoss, have been residents in this area for a many number of years. He indicated that the area in questions to to be rezoned from "A" residential to "C" Commercial, "A" Height and Area and "B" Residential, "A" Height and Area, to allow for approximately 700 apartments and commericial retail stores. James A. Cook, Realtor & Broker, 401 E. Colfax, is the project developer for the property in question. He indicated that the 90 acre tract at the intersection of Portage and Cleveland calls for 34 acres at the north end of the tract to be developed for up to 700 apartments. The apartments, under present market conditions, would rent for $450 to $650 a month, and could go higher when the project is completed. He indicated that construction on the apartments is expected to get under way later this year. He indicated that the remaining 56 acres is to be developed for commercial purposes. He indicated the commercial development is expected to produce 300,000.00 square -- feet of enclosed space in an undetermined number of buildings. He indicated that the estimated value of the project, including land, would be $40 million dollars. He indicated that when the project is completed that it could produce nearly $500,00 a year in property taxes. He indicated that the development is expected to take up to five years to complete. Jon Hunt, Director Economic Development Department, City of South Bend spoke in favor of the bill. He indicated that the Kernan administration strongly favors the rezoning proposal for 3 very good reasons, beacause it would be good for the city, because sewer, water and other city services are already in place, and because there is a market for this development. Howard Bessire, Executive Director Industrial Foundation, indicated that this project would be a plus factor for everyone considered. Jim Cronk, 702 E. LaSalle, indicated that this project is a good idea. He indicated that it would keep shoppers in South f ME Bend. James Master, attorney, spoke on behalf of the German Twp. Neighborhood Association. He indicated that this tract of land if rezoned would be a typical case of "spot rezoning ". He indicated that Portage Rd. could not be widened to accommodate the tremendous amount of traffic that would be generated as a result of this rezoning. Tom Kellogg, 52109 Tara Dr., indicated that the property should be kept as a natural barrier. He indicated that in a letter he received from County Commissioner Richard Jasinski, stated that there is no plan to widen Portage Rd. from 2 lane to 4 lane in the near future. Frank Papczynski, Chairman German Twp. Neighborhood Association, indicated to the council that if they approve the plan before them tonight, the life of the residents of German Twp. would never be the same. Daniel Elliott, 52451 Lynnwood, presented to the Council photographs that he has taken of rear entrances of several local malls. He indicated that they are a disgrace. Margaret Hunkler, 51188 Portage Rd., indicated that the project would add to the already existing traffic problem on Portage Rd. Jim Lewis, 52401 Lynnewood, indicated that he would loose $10,000 to $15,000 in property value if the project is approved. Richard Bratton, 50434 Portage Rd., indicated that the project would create more traffic on Portage Rd. Jo Ann Aldridge, 52520 Portage Rd., indicated that she bought her home in that location for the peaceful surroundings. She indicated that the project would create an excess amount of noise and traffic that would destroy the natural beauty. Pat Kopinski, 50500 Fernwood Ct., indicated that if the rezoning is approved, the door is wide open for further annexation. Raymond Brach, 2309 Council Oak Dr., President Council Oak Residents Association, indicated that the neighborhood association did not have a chance to meet, but stated that the project would create a traffic problem on Portage Rd. Philip Barkley, 50690 Portage Rd., President St. Joseph County Council, District A, indicated that the project would create a traffic problem. He indicated that there is no money budgeted for the cost of widening Portage Rd. from 2 lanes to 4 lanes. He indicated that the County or the City has the funding. Tom Zmyslo, 50841 Mayflower Rd., indicated that there was no money budgeted for the widening of Portage Rd. He questioned whether there was adequate sewer and drainage on site to support 700 new apartments. Edward F. Bauer. 2315 Council Oak Dr., indicated that the project would create more of a traffic problem on Portage Rd. Jay Eastman, 1933 Portage Av., indicated that Portage Rd. needs to be widen from the property in question south to Lincolnway West. Robert Sheehan, 50217 Mayflower Rd., indicated that the project in question is an example of "spot rezoning." He questioned whether there would be adequate police & fire protection. Dick Wasoski, 21943 Auten Rd., German Twp. Trustee, questioned whether the waste water treatment plant would be able to handle the additional sewage from the project. Marilyn Lidecker, 52774 Lynnewood, indicated that the project would decrease her property value. Council Member Luecke made a motion to amend this bill by amending Section III. to be renumbed as Section IV, and to read as follows: Section III. This ordinance shall be subject to the terms and conditions contained in a letter dated January 20, 1988, regarding a final site development plan, marked "Exhibit A" which is attached hereto and included herein; and it shall be subject to the requirement that the petitioner include in the deed of conveyance restrictive covenents regarding protective screening, seconded by Council Member Puzzello. The motioned carried. Council Member Luecke made a motion to pass bill as amended, seconded by Council Member Puzzello. The motion carried by a roll call vote of 7 ayes and 2 nays (Council Members Slavinskas, Duda.) BILL NO. 139 -87 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 702 W. COLFAX, IN THE CITY OF SOUTH BEND, INDIANA. At the request of the Petitioner Council Member Luecke made a motion to continue public hearing on this bill to February 8, 1988, seconded by Council Member Coleman. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Puzzello made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: ATTEST: City Clerk 'Chairman REGULAR MEETING RECONVENED ` Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 9:50 p.m. Council President Voorde presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 7848 -87 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE INTERSECTION OF PORTAGE AND CLEVELAND ROADS, IN THE CITY OF SOUTH BEND, INDIANA. Council Member Luecke made a motion to amend this bill as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Luecke made a motion to pass this bill as amended, seconded by Council Member Zakrzewski the bill passed by a roll call vote of 7 ayes and 2 nays (Council Members Slavinskas, Duda.) RESOLUTIONS 88 -3 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS SOUTHWEST CORNER OF BENDIX DRIVE AND SUGAR MAPLE LANE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. Council Member Luecke made a motion to continue public hearing on this resolution to February 8, 1988, seconded by Council Member Coleman. The motion carried. Council Member Luecke made a motion to combine Resolution Nos. 88 -6 and 88 -7 for the purpose of public hearing, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 1587 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 516 SOUTH MICHIGAN 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 516 S. Michigan, South Bend, Indiana, and which is more particularly described as follows: South 1/2 Lot #9 Samuel Martin's Addition 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 section 2 -76; 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 the Indiana Code 6 -1.1- 12.1 -1, et seq. and South Bend Municipal Code Section 2 -76, 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. That the Common Council hereby determines and finds that the estimate of the number of individuals that will be employed or whose employment will be retained and the estimate of value of the redevelopment or rehabilitation and any other benefits about which the body designating the economic revitalization area requires information are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation. SECTION II. That the Common Council hereby determines and finds the following: (A) If the proposed redevelopment or rehabilitation does not occur, the approximate current year tax rate for the City would be 15.0781; (B) If the proposed redevelopment or rehabilitation does occur and no deduction is granted, the approximate current year tax rate for the City would be 15.0779. (C) If the proposed redevelopment or rehabilitation occurs, the deduction is granted, and a deduction percentage of fifty percent (500) is assumed, the approximate current year tax rate for the City would be 15.0780. SECTION III. That the Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the statement of benefits set forth as sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and that the statement of benefits is sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. 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 V. That 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. That 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. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ John Voorde Member of the Common Council RESOLUTION NO. 1588 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 516 SOUTH MICHIGAN, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, the Common Council of the City of South Bend 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 516 South Michigan, and which is more particularly described as follows: South 1/2 Lot #9 Samuel Martin's Addition 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. That 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) calender years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. That 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. 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 /John Voorde Member of the Common Council Public hearing was held on the resolutions at this time. Kathleen Cekanski- Farrand, City Council Attorney, presented both resolutions. She indicated that the petitioner Mr. Richard Lutin, 111 E. Main, Niles, MI, plans to have a retail music store at the above mentioned property. She indicated that the property is located in an area designated as a Tax Abatement Impact Area. She indicated that the property is located in a tax incremental financing allocation area. She indicated that the project will create one (1) new, permanent full -time job, representing a new annual payroll of $25,000.00, and will maintain one (1) existing permanent full -time and two (2) existing permanenet part -time jobs with an annual payroll of $35,000.00. Council Member Zakrzewski made a motion to adopt Resolution No. 1587 -88, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Puzzello made a motion to adopt Resolution No. 1588 -88, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. BILLS FIRST READING BILL NO. 3 -88 A BILL APPROPRIATING $6,250.00 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SOUTH BEND HUMAN RIGHTS COMMISSION OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR BEGINNING SEPTEMBER 22, 1987 AND ENDING SEPTEMBER 21, 1988. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing February 8, and refer to the Human Resources and Economic Development Committee, seconded by Council Member Luecke. The motion carried. 251 LL NO. 4 -88 A BILL APPROPRIATING $33,120.00 FROM THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SOUTH BEND HUMAN RIGHTS COMMISSION OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR BEGINNING OCTOBER 1, 1987 AND ENDING SEPTEMBER 30, 1988. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing February 8, 1988, and refer to the Human Resources and Economic Development Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 5 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND AMENDING THE DEFINITION OF "FLOODPLAIN ". This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing February 8, 1988, seconded by Council Member Zakrzewski. 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 Niezgodski. The motion carried and the meeting was adjourned at 10:00 p.m. ATTEST: City Clerk APPROVED: ct-ez- �L "� resi ent