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HomeMy WebLinkAbout06-27-88 Council Meeting MinutesRMI REGULAR MEETING JUNE 27, 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, June 27, 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 and 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 June 13 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Coleman made a motion that the minutes of the June 13, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Council President Voorde indicated the Council was giving the opposition to the Scattered Housing Program thirty minutes to speak to the Council, and they would then hear the proponents of this program. Council Members Luecke, Niezgodski, Zakrzewski and Puzzello indicated they were in favor of the program. Council Members Duda and Slavinskas indicated they were opposed to the program. Jim Masters, attorney, representing South Bend Citizens United, indicated the Council should stop this program. He indicated the responsibility of this program should not be passed off. Robert Watkins, president of the South Bend Citizens United, 2006 Thornhill, indicated most of the elected officials have not listened to their concerns. Max Moore, 602 Harrison, representing the Near Northwest Neighborhood; John Hamilton, 3429 S. Locust, representing the Rum Village Neighborhood; Gary Benedict, 1015 Belleville, spoke against the way this program was being handled. Guntler Asterlin, 137 S. Ellsworth, indicated this plan has received the support of the Mayor and most of the Council, however, it goes beyond the needs of providing housing for low- income families. He indicated low- income families cannot afford to maintain such luxuries as central air conditioning and dishwashers. Tom Booker, 4051 Coral, indicated the Housing Authority owned at least 19 units in the City that have been boarded up, and these units should be rehabilitated before they purchase more. Lee Fisher, 4827 Craig Road, indicated that just because the government have South Bend this money does not mean they have to spend it all. T. Brooks Brademas, 425 S. Michigan, spoke in favor of this program. Carl Ellison, 1740 Hass Dr., indicated the City has had a scattered housing program for twenty years. Tracy Jacobs, 1253 N. Elmer, spoke in favor of this program. Gladys Muhammad, 510 S. Kaley, spoke in favor of the program. Council Member Soderberg indicated he could not support the program as it currently exists. Council Member Coleman spoke in favor of the program. Mayor Kernan indicated there was a lot of misinformation about this program. He indicated the issues were tough, but they were legitimate. He indicated it would be unrealistic to turn this grant down. Council Member Soderberg made a motion to recess, seconded by Council Member Coleman. The motion carried and the meeting was recessed at 8:05 p.m., and reconvened at 8:27 p.m. Council Member Slavinskas made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski 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 27, at 9:17 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 107 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN ALLEY RUNNING EAST AND WEST FROM LELAND AVENUE TO FOREST AVENUE IN THE PLATS OF CHAPIN PLACE BY EDWARD P. CHAPIN AND SHETTERLY PLACE 1ST. RM This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathleen Cekanski - Farrand, Council attorney, indicated this bill should be amended by renumbering current Section 5 to 6 and adding a new Section 5, to read: This ordinance shall be subject to the condition that the petitioner grant ingress and egress to the garage on Lot No. 16 so long as said garage exists. Council Member Voorde made a motion to accept this amendment, seconded by Council Member Coleman. The motion carried. David Dunbar, 857 Forest, made the presentation for the bill. He indicated the closing of this alley would protect the children in the immediate area, as well as help to provide a safety factor for the adjacent properties. Council Member Slavinskas indicated the Zoning and Vacation Committee had met on this bill and recommended it favorably, as amended. Council Member Puzzello made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 40 -88 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN PENN TOWNSHIP, 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. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Slavinskas. The motion carried. Council Member Slavinskas indicated the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorably. Mike Danch, a representative of Peirce and Associates, made the presentation for the bill. He indicated they were requesting the annexation of the 100.06 acre site at the southeast corner of Jackson and Ironwood, in order to develop a subdivision on this site. He indicated approximately 385 homes would be built in a price range of $70,000 to $90,000. Council member Coleman made a motion to recommend this bill to the Council favorably, seconded by Council Member Niezgodski. The motion carried. BILL NO. 43 -88 A BILL APPROPRIATING $23,407.00 RECEIVED FROM THE STATE OF INDIANA DEPARTMENT OF HUMAN SERVICES, EMERGENCY SHELTER GRANT PROGRAM. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathryn Baumgartner, Director of Bureau of Housing, made the presentation for the bill. She indicated a portion of these funds will be allocated to the United Religious Community to defray part of the cost of operating the shelter /multi- service center at 805 S. Michigan, and the remainder of the funds will be allocated to the Youth Service Bureau. Council Member Coleman made a motion to recommend this bill to the Council favorably, seconded by Council Member Niezgodski. The motion carried. BILL NO. 44 -88 A BILL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF THE SOUTH BEND REDEVELOPMENT AUTHORITY LEASE RENTAL REVENUE BONDS ( COVELESKI STADIUM PROJECT) FOR THE PURCHASE OF THE STANLEY COVELESKI REGIONAL STADIUM. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Richard Nussbaum, City Attorney, made the presentation for the bill. He indicated the Tax Equity and Fiscal Responsibility act requires that for Private Activity Bonds to be tax exempt the fiscal body of the issuing unit shall conduct a public hearing and pass an ordinance approving the issuance of such bonds. This bill was filed in order to refinance the leas purchase of the Stanley Coveleski Regional Stadium. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Voorde. The motion carried. BILL NO. 45 -88 A BILL AMENDING CHAPTER 2, ARTICLE 6, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA ADDRESSING TAX ABATEMENT 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 indicated the Human Resources Committee recommended this bill favorably to the Council. Council Member Luecke made the presentation for the bill. He indicated this amendment to the City's tax abatement procedure incorporates changes required by State law. Council Member Coleman made a motion to recommend this bill to the Council favorably, seconded by Council Member Niezgodski. The motion carried. There being no further business Member Coleman made a motion to Member Niezgodski. The motion ATTEST: Y. /,I� City Clerk REGULAR MEETING RECONVENED to come before the Committee of the Whole, Council rise and report to the Council, seconded by Council carried. ATTEST: hairman 39 JUNE _2�7 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 9:35 p.m. Council President Voorde presiding and nine members present. BILLS, THIRD READING ' ORDINANCE NO. 7879 -88 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN ALLEY RUNNING EAST AND WEST FROM LELAND AVENUE TO FOREST AVENUE IN THE PLATS OF CHAPIN PLACE BY EDWARD P. CHAPIN AND SHETTERLY PLACE 1ST. This bill had third reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. 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. 7880 -88 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had third reading. Council Member Slavinskas made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas 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. 7881 -88 AN ORDINANCE APPROPRIATING $23,407.00 RECEIVED FROM THE STATE OF INDIANA DEPARTMENT OF HUMAN SERVICES, EMERGENCY SHELTER GRANT PROGRAM. This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7882 -88 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF THE SOUTH BEND REDEVELOPMENT AUTHORITY LEASE RENTAL REVENUE BONDS ( COVELESKI STADIUM ' PROJECT) FOR THE PURCHASE OF THE STANLEY COVELESKI REGIONAL STADIUM. This bill had second reading. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7883 -88 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 6, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA ADDRESSING TAX ABATEMENT PROCEDURES. This bill had second reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. RESOLUTIONS 88 -24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 614 N. MICHIGAN ST., SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. Council Member Zakrzewski made a motion to continue public hearing on this resolution, until July 11, 1988, seconded by Council Member Slavinskas. The motion carried. RESOLUTION NO. 1621 -88 A RESOLUTION ADOPTING A WRITTEN FISCAL PLAN ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA. WHEREAS, Relative Real Estate Management Inc., has petitioned the Common Council to annex an area specifically described in Attachment "A ", incorporated herein; and WHEREAS, a responsible planning and State law require adoption by the City of a I fiscal plan and a definite policy for the provision of services to annexed areas; and WHEREAS, such a plan has been developed and presented to the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: Section I: The Common Council of the City of South Bend, Indiana, hereby approves and adopts the fiscal plan for the annexation of the area located at the southeast corner of the intersection of Jackson and Ironwood Roads, more specifically described in Attachment "A ", which plan is attached hereto and made a part thereof, and hereby approves and adopts specific policies for implementation of the plan as set out therein. armA is Section II: Implementation of the plan does not require the budgeting and appropriation of additional funds. Section III: The annexation will not result in the elimination of jobs of employees of another governmental entity. Section IV. This resolution shall be in full force and effect after its adoption by the Common Council and approval by the Mayor. /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at his time. David Norris, a representative of the Economic Development, made the presentation for the resolution. He indicated establishes a policy and the plan outlining the provision of City services to the 100.06 acres of land located at the intersection of Jackson and Ironwood. He indicated Relative Real Estate Management has petitioned the Council, Bill No. 40 -88, to annex the area to the City. Joseph Guentert, 3510 Corby, indicated Fire Station No. 10 was being downgraded and would not have sufficient equipment to cover this area. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1622 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE INDIANA DEPARTMENT OF COMMERCE FOR THE STATE INVESTMENT INCENTIVE PROGRAM (BANGOR REFRIGERATION CORPORATION.) WHEREAS, the City of South Bend, Indiana, is dedicated to pursuing economic development through promoting growth of businesses which stimulate the local economy and thereby benefit the people of South Bend as a whole; and WHEREAS, Bangor Refrigeration Corporation project will benefit the local economy specifically by adding 30 new jobs to the area and within two years increasing that level of employment by 10 additional jobs; and WHEREAS, Bangor Refrigeration Corporation has purchased lot 3 -5A in the Airport Industrial Park and needs assistance with the purchase of Machinery and Equipment; and WHEREAS, the Bangor Refrigeration Corporation will require various Machinery and Equipment costing $250,000. The receipt of a State Industrial Development Grant will enable the City of South Bend to finance this project with a $100,000 loan to be matched with a $150,000 loan from the Industrial Revolving Fund of South Bend, IN. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Council hereby establishes the authority of the Mayor of the City of South Bend to submit a State Investment Incentive Program Grant application to the Indiana Department of Commerce for the Bangor Refrigeration Corporation project. SECTION II. This Resolution shall be in full force and effect immediately upon passage by the Common Council of the City of South Bend, Indiana, and approval by the Mayor. /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke indicated the Human Resources Committee had met on this resolution and recommended it to the Council favorably. Sherry Shane, Economic Development Specialist, made the presentation for the resolution. She indicated this company manufactures refrigerated display cases for the food industry and environmental laboratories. She indicated they plan to build a new facility costing $750,000, along with purchasing machinery and equipment that will cost $250,000. She indicated the Small Business Administration will assist with the land and construct cost, and the Industrial Revolving Loan Fund will assist in the financing of the equipment. She indicated 40 new jobs will be created over the next two years. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1623 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 402 -404 EAST SOUTH STREET, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. HE EGULAR_M$_ETING JUNE 27 1988 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 402 -404 East South Street, South Bend, Indiana, 46601, and which is more particularly described as follows: A parcel of land being a part of Lots One (1), Two (2) and Three (3) in the City's subdivision of the east half (1/2) of Lot Twenty -Three (23) in Denniston and Fellows Addition, South Bend, Indiana, and being more particularly described as follows: Beginning at the southwest corner of said Lot One (1), thence north 0° 09' 37" west along the west line of said Lot One (1), a measured distance of 99.28 feet to a point of 16.5 feet south of the northwest corner of Lot one (1); thence south 89° 49' 40" east, a measured distance of 90.70 feet; thence south 0° 03' 03" east, a measured distance of 99.28 feet to the north line of a 14' alley; thence north 89° 49' 46" west along said north line a measured distance of 90.52 feet to the place of beginning. 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 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) calendar 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 ten (10) 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 A public hearing was held on the resolution at this time. Council Member Luecke indicated the Human Resources Committee had met on this resolution and recommended it to the Council favorable. Sandra Kieffer, 17700 Woodthrush, made the presentation for the resolution. She indicated this property would be used for residential units as well as commercial. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 46 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2 -5 OF THE MUNICIPAL CODE COMMONLY REFERRED TO AS "SPECIAL MEETINGS OF THE COMMON COUNCIL." This bill had first reading. Council Member Puzzello made a motion to set this bill for third reading and public hearing July 11, and refer it to the Rules Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 47 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE ADDRESSING LEAF BURNING, FIRE PREVENTION, AND AIR POLLUTION CONTROL. This bill had first reading. Council Member Duda made a motion to set this bill for third reading and public hearing July 25, and refer it to the Residential Neighborhood Committee, seconded by Council Member Soderberg. The motion carried. BILL NO. 48 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NONREVERTING "EAST RACE WATERWAY PROMOTIONAL AND DEVELOPMENT FUND." This bill had first reading. Council Member Coleman made a motion to set this bill for third reading and public hearing July 11, and refer it to the Parks Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 49 -88 A BILL TRANSFERRING $55,223 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Coleman made a motion to set this bill for third reading and public hearing July 11, and refer it to the Human Resources Committee, seconded by Council Member Luecke. The motion carried. BILL NO. 50 -88 A BILL APPROPRIATING $175,716.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8802, PAVING MATERIALS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Puzzello made a motion to set this bill for third reading and public hearing July 11, and refer it to the Human Resources Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 51 -88 A BILL APPROPRIATING $350,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8803, VARIOUS ROAD IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for third reading and public hearing July 11, and refer it to the Public Works Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 52 -88 A BILL APPROPRIATING $86,200.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS831, TWYCKENHAM STORM SEWER, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Niezgodski made a motion to set this bill for third reading and public hearing July 11, and refer it to the Public Works Committee, seconded by Council Member Zakrzewski The motion carried. BILL NO. 53 -88 A BILL APPROPRIATING $91,054.00 FROM THE MOTOR VEHICLE HIGHWAY FUND TO STREET DEPARTMENT ACCOUNT 4255.0 OTHER MATERIALS WITHIN THE MOTOR VEHICLE HIGHWAY FUND. This bill had first reading. Council Member Puzzello made a motion to set this bill for third reading and public hearing July 11, and refer it to the Public Works Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 54 -88 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE STREET DEPARTMENT BUDGET WITHIN THE MOTOR VEHICLE HIGHWAY FUND. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for third reading and public hearing July 11, and refer it to the Public Works Committee, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Zakrzewski made a motion to set Bill No. 31 -88 for public hearing and third reading July 11, 1988, seconded by Council Member Slavinskas. The motion carried. PRIVILEGE OF THE FLOOR Joseph Guentert, 3510 Corby, spoke regarding the Wastewater Treatment Plant. Ralph Johnson, 734 N. Cushing, spoke regarding the Wastewater Treatment Plant. Max Moore, 602 Harrison, asked the Council if any plans were being made the improve the northwest section of the City. There being no further business to come before the Council, unfinished or new, Council Member Soderberg made a motion to adjourn, seconded by Council Member Coleman. The motion carried and the meeting was adjourned at 10:09 p.m. ATTEST: City Clerk APPROVED: A r _ M1 F�