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HomeMy WebLinkAbout12-12-88 Council Meeting MinutesXEUUbAX MrETINU DECEMBER 12, 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, December 12, 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, Slavinskas, Zakrzewski, Coleman, Duda and Voorde Absent: Council Member Puzzello 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 November 28, 1988 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Soderberg made a motion that the minutes of the November 28, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Max and Geraldine Moffett were sworn into the Older Adults Council. 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 December 12, at 7:06 p.m., with eight members present. Chairman Zakrzewski presiding. BILL NO. 77 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON IVY ROAD, 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. Kevin Joyce, Area Plan, gave the staff report, which was favorable. Council Member Slavinskas made the presentation for the bill. He indicated the best use for this property was multi - family. He indicated the petitioner planned to build an eight unit apartment building. Council Member Coleman made a motion to recommend this bill to the Council favorably, seconded by Council Member Soderberg. The motion carried. BILL NO. 93 -88 A BILL AMENDING CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "LICENSES," TO ADD SECTION 4 -20.5, ENTITLED "VEHICLE REMOVAL SERVICE." Council Member Coleman made a motion to continue this bill until January 9, seconded by Council Member Niezgodski. The motion carried. BILL NO. 94 -88 A BILL AMENDING CHAPTER 9, ARTICLE 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS "SMOKE DETECTORS IN MULTIPLE DWELLING UNITS AND RENTAL UNITS." Council Member Soderberg made a motion to continue this bill until January 9, seconded by Council Member Niezgodski. The motion carried. LL NO. 115 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 19 ENTITLED "ORDINANCE VIOLATIONS BUREAU." 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 indicated the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. Council Member Niezgodski made a motion to amend this bill by changing the effective date to February 3, 1989, seconded by Council Member Coleman. The motion carried. Council Member Niezgodski made the presentation for the bill. He indicated this bill was the first step in creating a specific bureau to allow collections of civil penalties for ordinance violations. He indicated the second step will be for the Council to designate a schedule of ordinance and code provisions that are subject to be covered by this bureau. Council Member Coleman made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Luecke. The motion carried. BILL NO. 116 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 20, ARTICLE 9 OF THE MUNICIPAL CODE OF SOUTH BEND, COMMONLY KNOWN AS "MOBILITY HANDICAPPED PARKING." r REIGIULAR MF.F.TTN+ DECEMBER_l2, -L9 RR Council Member Soderberg made a motion to continue public hearing on this bill, seconded by Council Member Luecke. The motion carried. BILL NO. 117 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF NEW ARTICLE 18 ENTITLED AN AUTOMATED TRANSIT DISTRICT. Council Member Luecke made a motion to continue public hearing on this bill, seconded by Council Member Coleman. The motion carried. BILL NO. 121 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS ANIMALS AND FOWL. 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 Zakrzewski indicated the Committee of the Whole had met on this bill and it received no recommendation. Council Member Voorde made the presentation for the bill. He indicated the Animal Control Commission has been meeting for over three years to review all of the policies, principles standards and regulations for the control and humane treatment of all animals in the City. He indicated this commission has diligently served our community and submitted a report with their recommendations. He indicated that the commission had no clear direction from the Council or the Administration and had not accomplished any further than their report. He asked that the commission be eliminated as it presently exists. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Luecke. Council Member Zakrzewski indicated it was in the best interest of the City to have an animal control commission. The motion carried. BILL NO. 123 -88 A BILL CONCERNING THE CONSTRUCTION OF ADDITIONS AND IMPROVEMENTS TO THE SEWAGE WORKS OWNED AND OPERATED BY THE CITY OF SOUTH BEND, INDIANA, THE ISSUANCE OF ADDITIONAL REVENUE BONDS TO PROVIDE THE COST THEREOF, THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SAID WORKS, THE SAFEGUARDING OF THE INTERESTS OF THE HOLDERS OF SAID BONDS, AND OTHER MATTERS CONNECTED THEREWITH. 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 Niezgodski indicated the Utilities Committee had met on this bill and recommended the substitute bill to the Council favorably. Council Member Niezgodski made a motion to accept the substitute bill and amend this bill to correct errors, seconded by Council Member Voorde. The motion carried. John Leszczynski, City Engineer, made the presentation for the bill. He indicated this ordinances allows the issuance of bonds in the amount of nine million five hundred thousand dollars to pay for the cost of acquiring and constructing those portions of the improvements to the Waste Water Treatment Plant which will not be paid with the proceeds of the federal and state grants the City has received. T. Brooks Brademas, 425 N. Michigan, spoke in favor of this bond issue. Joseph Guentert, 3510 Corby, spoke against this bond issue. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried. There being no further business to come before Member Coleman made a motion to rise and report Member Luecke. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED the Committee of the Whole, Council to the Council, seconded by Council ATTEST: Chairman 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 8:06 p.m. Council President Voorde presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7949 -88 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON IVY ROAD, ST. JOSEPH COUNTY, INDIANA. This bill had second 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. 7950 -88 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 19 ENTITLED "ORDINANCE VIOLATIONS BUREAU." a REGULAR MEETING DECEMBER 12 1988 This bill had second 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 Coleman made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of eight ayes. BILL NO. 121 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS ANIMALS AND FOWL. This bill had second reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Niezgodski. The bill failed by a roll call vote of four ayes and four nays (Council Member Soderberg, Slavinskas, Zakrzewski and Duda.) ORDINANCE NO. 7951 -88 AN ORDINANCE CONCERNING THE CONSTRUCTION OF ADDITIONS AND IMPROVEMENTS TO THE SEWAGE WORKS OWNED AND OPERATED BY THE CITY OF SOUTH BEND, INDIANA, THE ISSUANCE OF ADDITIONAL REVENUE BONDS TO PROVIDE THE COST THEREOF, THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SAID WORKS, THE SAFEGUARDING OF THE INTERESTS OF THE HOLDERS OF SAID BONDS, AND OTHER MATTERS CONNECTED THEREWITH. This bill had second reading. Council Member Niezgodski 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 Niezgodski made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 1680 -88 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 3333 NORTH KENMORE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR THE DAFIR REALTY COMPANY/AUCILLA PLASTICS, 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 3333 N. Kenmore and which is more particularly described as follows: A part of the northeast Quarter of Section 28, Township 38 North, Range 2 East, City of South Bend, St. Joseph, Indiana, described as follows: Commencing at the northeast corner of said Section 28; thence South 89 °48105" West (the bearing of the south line of the Southeast Quarter of Section 28 is assumed North 90 °0'00" West) a distance of 1345.00 feet along the north line of said Northeast Quarter; thence South 0°'23" West a distance of 50.00 feet to the western boundary of Kenmore Street and the point of beginning; thence South 0°123" West a distance of 146.47 feet along said western boundary; thence Southerly along said boundary 297.10 feet along an arc to left having a radius of 1949.86 feet and subtended by a long chord having a bearing of South 4021131" East and a length of 296.77 feet; thence South 89 °48105" West a distance of 499.31 feet; thence North 0 °02141" East a distance of 452.50 feet to the South boundary of Cleveland Road; thence North 89 °48105" East a distance of 466.42 feet along said South boundary; thence South 45 °05146" East a distance of 14.12 feet to the point of beginning, and containing 5.000 acres, more or less. Above described tract of land is encumbered by an easement for wastewater and stormwater systems located into, under, upon,, over and across a strip of land 12.5 feet in width with the south boundary of said easement being the: south boundary of above described tract of land. All of the foregoing being situated in the City of South Bend, County of St. Joseph, State of 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 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 deduction for a period of three (3) 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 office space is inadequate for existing operations, much less for planned expansion to begin as early as next year. He indicated this expansion is necessary in order to keep up with competition. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1681 -88 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 113 EAST WAYNE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT FOR 113 EAST WAYNE. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 113 E. Wayne Street, South Bend, Indiana, and which is more particularly described as follows: 113 East Wayne Street in City of South Bend, in St. Joseph County, Indiana, comprising the east 75 feet of Lot 53 and the east 75 feet of Lot 53 and the east 75 feet of the south one -half of lot 54, all as shown on the Original Plat of the Town, now City, of South Bend. 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 et seq; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed redevelopment or rehabilitation7 D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation and E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. SECTION III. 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 in sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. ;; : '. SECTION IV. 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 I esolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. 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. The Common Council hereby determines that the property owner is qualified for and is granted property tax SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Is/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke made a motion to remove the reference to ten years, seconded by Council Member Coleman. The motion carried. Council Member Luecke indicated the Human Resources Committee had recommended this bill to the Council favorably. Bill Elliott, 918 E. Jefferson, indicated they were planning to renovate the Penny's Building with retail on the ground level and office space on the second floor. Joseph Guentert, 3510 Corby, spoke in favor of this abatement. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Duda. The resolution was adopted by a roll call vote of seven ayes and one nay (Council Member Voorde.) RESOLUTION NO. 1682 -88 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 2741 N. FOUNDATION DR. AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR KANCZUZEWSKI ENTERPRISE LIMITED PARTNERSHIP. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 113 E. Wayne Street, South Bend, Indiana, and which is more particularly described as follows: Situated in St. Joseph County, in the state of Indiana: A parcel of land in the southwest quarter of Section 38, Township 38 North, range 3, east, St. Joseph County, Indiana, more particularly described as follows: Commencing at the southeast corner of said quarter section; thence south 89 degrees 57 minutes 33 seconds west 171.27 feet along the south line of said section; thence north 0 degrees 00 minutes 47 seconds east 210.80 feet; thence North 89 degrees 59 minutes 13 seconds west 40.00 feet to the point of beginning of this description; thence North 89 degrees 59 minutes 13 seconds west 450.00 feet; thence north 0 degrees 00 minutes 47 seconds east 290.40 feet; thence south 89 degrees 59 minutes 13 seconds east 450.00 feet; thence south 0 degrees 99 minutes 47 seconds west 290.40 feet to the point of beginning. Said 47 seconds west 290.40 feet to the point of beginning. Said parcel being known as Lot 3 -8 Airport Industrial Park Phase III 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 et seq; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76, et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; B. That the estimate of the number of individuals who will be employed or whose employment will be retained can reasonably be expected to result from the proposed described redevelopment or rehabilitation; C. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed redevelopment or rehabilitation7 -xEGUL-AR-MEETING— - —DECEMBER-1-2-,--19S8 D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation and E. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. SECTION III. 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 in sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. SECTION IV. 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. 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. 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 VIII. 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 favorably. Leonard Kanczuzewski, general partner, made the presentation for the resolution. He indicated their current facility is now large enough for them to accept new business, therefore it is necessary to add on to the current facility. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING ORDINANCE NO. 7952 -88 AN ORDINANCE CONSENTING TO THE ANNEXATION OF THE INCORPORATED TOWN OF ROSELAND, INDIANA, OF CERTAIN TERRITORY. This bill had first reading. Council Member Slavinskas made a motion to suspend the rules and have public hearing, seconded by Council member Coleman. The motion carried on a roll call vote of eight ayes. Council Member Slavinskas indicated the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorably. Charles Landerman, President of the Roseland Town Board, made the presentation for the bill. He indicated according to State law it was necessary to obtain the City's permission for Roseland to annex. Council member Slavinskas made a motion to recommend this bill to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill was passed by a roll call vote of eight ayes. BILL NO. 125 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1112, 1118, AND 1122 SOUTH IRONWOOD DRIVE, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. PRIVILEGE OF THE FLOOR Joseph Guentert, 3510 Corby, spoke regarding the number of dog licenses issued in the City, and the bond issue for the Studebaker Corridor 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 Zakrzewski. The motion carried and the meeting was adjourned at 8:45 p.m. ATTEST: Cit�r APPROVED: