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HomeMy WebLinkAbout08-08-88 Council Meeting Minutes� qcr REGULAR MEETING AUGUST 8. 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, August 8, 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, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Voorde Absent: Council Member Soderberg 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 July 25 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 July 25, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. COMMITTEE OF THE WHOLE iBe it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on August 8, at 7:05 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 69 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 744 i S. MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA. !This being the time heretofore set for public hearing on the above bill, proponents land opponents were given an opportunity to be heard. Kevin Joyce, Area Plan, gave !their report, which was favorable. Samuel and Anna Ashby, the petitioners, made the presentation for the bill. They indicated this rezoning would allow them to use this property for a warehouse. Council Member Voorde made a motion to recommend !this bill to the Council favorably, seconded by Council Member Slavinskas. The Imotion carried. BILL NO. 34 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 805 S. MICHIGAN STREET, 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 indicated the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorably. Council Member Voorde made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Slavinskas. The motion carried. Kathy Baumgartner, Director of the Bureau of Housing, made the presentation for the bill. She indicated this rezoning was for the Gilbert's building, in order to use it as housing for the homeless. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 60 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF PORTAGE AVENUE RUNNING NORTH FROM KING STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET TO 14' ALLEY: ALSO THE FIRST EAST -WEST ALLEY NORTH OF KING RUNNING WEST FROM PORTAGE AVENUE FOR A DISTANCE OF APPROXIMATELY 154' TO 14' ALLEY. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Bernard Feeney, land surveyor, made the presentation for the bill. He indicated this bill was continued from last meeting in order for the 1st Source Bank to meet with one of the neighbors. He indicated this meet took place and neighbor was in favor of the vacation. Council Member Puzzello made a motion to recommend this bill to the Council favorably, seconded by Council Member Slavinskas. The motion carried. BILL NO. 67 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST /WEST ALLEY SOUTH OF LINCOLN WAY WEST RUNNING EAST FROM RYER ST., TO THE 1ST INTERSECTING NORTH /SOUTH ALLEY FOR A DISTANCE OF 120 FEET, ALL BEING IN ALWARDS ADDITION AND BRENTWOOD ESTATES 4TH ADDITION TO THE CITY OF SOUTH BEND, IN. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mardell DeLanghe, 1240 Ryer St., made the presentation for the bill. She indicated this particular alley was not being maintained by the City, therefore, they would like it vacated to use for off - street parking and to help deter vandalism. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Luecke. The motion carried. 346 - REGULARJMEETING -- -- -- -i ce- AUGUST 8, T988 -- - - - - - -- i BILL NO. 32 -87 A BILL APPROPRIATING $53,000.00 RECEIVED FROM THE U.S. DE OF HOUSING AND URBAN DEVELOPMENT, 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. Kathleen BILL NO. 38 -87 A BILL EXTENDING THE BOUNDARY OF THE TAX ABATEMENT IMPACT AREA WITHIN THE CITY OF SOUTH BEND. Council Member Puzzello made a motion to continue public hearing and third reading on this bill until September 12, seconded by Council Member Coleman. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Niezgodski. The motion carried. ATTEST: ATTEST: jtt'_'. �4� City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of Council Chambers on the fourth floor of the Council President Voorde presiding and nine BILLS, THIRD READING Chairman the City of South Bend reconvened in the County -City Building at 7:25 p.m. members present. ORDINANCE NO. 7901 -88 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 744 S. MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Slavinskas made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7902 -88 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 805 S. MICHIGAN STREET, 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 Luecke. The motion carried. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7903 -88 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF PORTAGE AVENUE RUNNING NORTH FROM KING STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET TO 14' ALLEY: ALSO THE FIRST EAST -WEST ALLEY NORTH OF KING RUNNING WEST FROM PORTAGE AVENUE FOR A DISTANCE OF APPROXIMATELY 154' TO 14' ALLEY. This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Niezgodski The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7904 -88 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST /WEST ALLEY SOUTH OF LINCOLN WAY WEST RUNNING EAST FROM RYER ST., TO THE 1ST INTERSECTING NORTH /SOUTH ALLEY FOR A DISTANCE OF 120 FEET, ALL BEING IN ALWARDS ADDITION AND BRENTWOOD ESTATES 4TH ADDITION TO THE CITY OF SOUTH BEND, IN. This bill had third reading. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Zakrzewski The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7905 -88 AN ORDINANCE APPROPRIATING $53,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, EMERGENCY SHELTER GRANT PROGRAM. This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Zakrzewski The bill passed by a roll call vote of eight ayes. 88 -24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATI 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 Luecke made a motion to continue this resolution until September 12, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 1634 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1702 WEST WASHINGTON TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ADAMS ENGINEERING, 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 1702 West Washington and which is more particularly described as follows: TRACT NO. 1. A part of the East Half of the Northeast quarter of Section No. 10 in Township No. 37 North, Range No. 2 East, described as follows, viz: Beginning at a point 92.05 feet South of the South line of Washington Avenue in the City of South Bend, and 14.55 feet East of the West line of College Street (produced South) in said City; thence East a distance of 109.9 feet more or less to the Westerly line of the right of way of the Chicago, Indiana and Southern Railway at a point 92.05 feet South of the South line of said Washington Avenue (produced East); thence North 19 degrees 56 minutes West along the said Westerly line of the right of way of the Chicago, Indiana and Southern Railway a distance of 22.25 feet; thence North 15 degrees 38 minutes West along the said Westerly line of the right of way of the Chicago, Indiana and Southern Railway a distance of 50 feet to the Southerly line of Circle Avenue in said City; thence Northwesterly along the Southerly line of Circle Avenue to a point 14.55 feet East of the West line of said College Street (produced South); thence South to the place of beginning. TRACT NO. 2 . A part of the East Half of the Northeast Quarter of Section No. 10, in Township No. 37 North, Range No. 2 East, described as follows, viz: Beginning at a point 92.05 feet South of the Southline of Washington Avenue in the City of South Bend, and 13 .84 feet East of the West line of College Street (produced South) in said City; thence East along the center line of a party wall and the center line produced, a distance of 110.61 feet to the Westerly line of the right of way of the Chicago, Indiana and Southern Railway thence South 19 degrees 56 minutes East a distance of 28.35 feet; thence South 25 degrees 35 minutes East, a distance of 30.02 feet; thence West along the North side of a brick wall and said North side produced, a distance of 133.25 feet to a point 13.84 feet East of the West line of College Street (produced South); thence North a distance of 53.20 feet to the place of beginning. TRACT NO. 3. A lot or parcel of land in the City of South Bend located in the East 1/2 of the Northeast 1/4 of Section Number 10, Township Number 37 North, Range Number 2 East, bounded by a line running as follows, viz: Beginning at a point in the South line of West Washington Avenue 7.58 feet West from a point where the West line of College Street extended South would intersect the South line of said West Washington Avenue; thence South 208 feet; thence West 395.87 feet; thence North 208 feet to the South line of Washington Avenue; thence East along the South line of Washington Avenue a distance of 395.87 feet to the place of beginning. Also beginning at a point in the South line of West Washington Avenue 7.58 feet West from a point where the West line of College Street extended South would intersect the South line of Washington Avenue and being at the Northeast corner of the above described tract; thence South along the East line of the above described tract 293.6 feet to an iron stake; thence East 19.69 feet, more or less, to the Southwest corner of a tract of land conveyed to the South Bend Wholesale Drug Company by deed recorded in Deed Record 333, page 336; thence North 293.6 feet, more or less, to a point in the South line of West Washington Avenue 20 feet East of the place of beginning; thence West 20 feet to the place of beginning. Subject to easements and restrictions of record. as an Economic Revitalization Area; and WHEREAS, notice of the adoption hearing before the Council has been 6 -1.1- 12.1 -2.5; and WHEREAS, the Council has held a remonstrances and objections from ii WHEREAS, the Council determined revitalization area have been met. of a Declaratory Resolution and the public published pursuant to Indiana Code public hearing for the purposes of hearing all iterested persons; and that the qualifications for an economic 347 3 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 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 the 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 personal deduction for a period of five (5) 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. Ernest Szarwark, attorney, made the presentation for the resolution. He indicated Adams Engineering will acquire new machinery in order to continue to expand and be competitive. He indicated four new full -time jobs will be created. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1635 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3417 WESTERN TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR WESTCO PHILLIPS 66 REMODELING AND 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 3417 Western and which is more particularly described as follows: Lots 433 -434 & 435 & 7 feet of vacated alley lying east of Lot 433 in the LaSalle Park Addition. Located on N.E. corner of intersection of Western Ave., & Falcon Street, South Bend, Indiana. 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 held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council 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 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 the 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 personal 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 A public hearing was held on the resolution at this time. Mike Dobson made the presentation for the resolution. He indicated they proposed to rehabilitate the front of the building and construct a sixteen by thirty foot car wash stall. He indicated these improvements are necessary as the facility is outdated and borders on being unprofitable. Council Member Niezgodski made a motion to adopt this resolution, as amended, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 68 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH -SOUTH ALLEY EAST OF BENDIX DRIVE, RUNNING SOUTH FROM BONDS AVENUE FOR A DISTANCE OF APPROXIMATELY 114.93 FEET. This bill had first reading. Council Member Coleman made a motion to set this bill for third reading and public hearing August 22, and refer it to the Zoning and Vacation Committee, seconded by Council Member Niezgodski. The motion carried. BILL NO. 69 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 1000 BLOCK OF BENDIX DRIVE BETWEEN HARTZER STREET AND BONDS AVENUE 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. 70 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1613 S. CHAPIN 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. 71 -88 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1989, AND ENDING DECEMBER 31, 1989, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing on August 22, refer it to the Personnel and Finance Committee, and set it for third reading on August 29, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 72 -88 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1989. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing on August 22, refer it to the Personnel and Finance Committee, and set it for third reading on August 29, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 73 -88 A BILL APPROPRIATING MONIES FOR THE EXPENSES OF THE CENTURY CENTER FUND OF THE CITY OF SOUTH BEND, INDIANA, JANUARY 1, 1989 AND ENDING DECEMBER OUTSTANDING CLAIMS AND OBLIGATIONS SAME SHALL TAKE EFFECT. PURPOSE OF DEFRAYING THE AND THE PARKING GARAGE FUND FOR THE FISCAL YEAR BEGINNING 31, 1989, INCLUDING ALL %ND FIXING AND TIME WHEN THE Council Member Coleman made a motion to remove Century Center Fund from this title, seconded by Council Member Niezgodski. The motion carried. This bill had first reading. Council Member Coleman made a motion to set this bill for public hearing on August 22, refer it to the Personnel and Finance Committee, and set it for third reading on August 29, seconded by Council Member Luecke. The motion carried. BILL NO. 74 -88 A BILL AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "TRUCK ROUTES ". This bill had first reading. Council Member Zakrzewski made a motion to set this bill for third reading and public hearing August 22, and refer it to the Public Works Committee, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR John Wojtan, 3216 Exeter Ct., indicated he would like to see a report on the costs of bonds, tax abatement, the Wastewater Treatment Plant and the stadium. Joseph Guentert, 3510 Corby, indicated the budget hearing were held during a time when it was inconvenient for the public to attend. Mark Lowdermilk, representing the South Bend Jaycees, passed out a survey they are sponsoring in order to make South Bend a better place to live. 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 was adjourned at 7:50 p.m. ATTEST: City Clerk APPROVED: } C� esi ent