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HomeMy WebLinkAbout04-25-89 Council Meeting MinutesREGULAR MEETING APRIL 25, 1989 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, April 25, 1989, at 5:00 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 April 10, 1989 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Ann Puzzello Council Member Zakrzewski made a motion that the minutes of the April 10, 1989, meeting of the Council be accepted and placed on file, seconded by Council Member Coleman. The motion carried. SPECIAL BUSINESS Council Member Duda stated made a motion to reappointment, Marie Wiseman and Connie Zundell to the Older Adults Council, seconded by Council Member Voorde. The motion carried. 89 -38 A RESOLUTION ADOPTING A WRITTEN FISCAL PLAN ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA. WHEREAS, Goodrich Theaters Inc. has petitioned the Common Council to annex an area in Centre Township specifically described in Attachment "A ", incorporated herein; and WHEREAS, responsible planning and State law require adoption by the City of South Bend, Indiana, hereby approves and adopts the fiscal plan for the annexation of the area located in Centre Township near the intersection of Ireland and Ironwood Roads, more specifically described in Attachment "A ", which plan is attached hereto as Attachment "B" and made a part hereof, and hereby approves and adopts specific policies for implementations of the plan as set out therein. SECTION II. The implementation of the plan will not require budgeting and appropriation of additional funds. SECTION III. It is now hereby declared and established that it is the policy of the City of South Bend to furnish all services of a non - capital nature to the annexed area within one (1) year after the effective date of annexation in a manner equivalent in standard and scope to those services provided to areas within the corporate boundaries that have similar topography, patterns of land use, and population density. SECTION IV. Capital Improvements will be provided by the developer within three (3) years of the effective date of annexation. Implementation of the plan will not require the appropriation of funds for capital improvements to the annexed area by the City of South Bend, Indiana. SECTION V. The annexation will not result in the elimination of jobs of employees of another governmental entity. SECTION VI. This resolution shall be in full force and effect after its adoption by the Common Council and approval by the Mayor. Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Dave Norris, Economic Development Department, made the presentation on the bill. He indicated that the resolution is establishing a policy and the plan outlining that policy for providing City services to .7825 acres of land located in Centre Township near the intersection of Ireland and Ironwood Rds. Joe Guentert, 3510 Corby Blvd., asked a question regarding drainage. Doug Peirce, Peirce & Associates, spoke regarding drainage and storm water. He stated that the site plan has been submitted to the City Engineer for approval. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. 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 April 25, 1989, at 5:10 p.m., with nine members present. Chairman Luecke presiding. BILL NO. 18 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: WASHINGTON STREET WEST OF NILES AVENUE EXTENDED AND EAST OF THE EAST RACE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Koepfle, Economic Development made the presentation on the bill. He indicated that vacating this portion of Washington Street will facilitate the orderly development, design and construction of a major corporate headquarters office building that has been deemed compatible with the objectives of the Development Plan for the East Bank. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 25 -89 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN CENTRE 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. Doug Peirce, Peirce & Associates made the presentation on the bill. He indicated that the land being annexed is needed to provide parking and a buffer for the proposed 10 screen movie theatre to be built by Goodrich Theatres Inc. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Niezgodski. The motion carried. BILL NO. 30 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY SOUTH OF MISHAWAKA AVENUE RUNNING EAST FROM 21ST STREET TO THE INTERSECTION OF THE 1ST NORTH -SOUTH ALLEY RUNNING FROM MISHAWAKA AVENUE TO VINE STREET, FOR A TOTAL DISTANCE OF 133 FEET MORE OR LESS. Council Member Slavinskas made a motion to continue this bill until the May 8, 1989 meeting, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 31 -89 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 9, ARTICLE 4, OF THE MUNICIPAL CODE COMMONLY REFERRED TO AS "LEAF BURNING AND AIR POLLUTION CONTROL." 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 made a motion to amend this bill, seconded by Council Member Soderberg. The motion carried. Council Member Sean Coleman, made the presentation on the bill. He indicated that last year, the South Bend Common Council passed Ordinance No. 7895 -89 which amended the leaf burning regulations of the City. You will recall that this Ordinance permitted leaf burning on alternate calendar days from October 29, through November 26th. If further set forth specific hours, procedures for leaf burning bans, continued the leaf burning task force, and a "no- burn" environment by January 1, 1991. He indicated that the Department of Code Enforcement, the Fire Department, and the Police Department personnel have voiced concern with regard to the procedures set forth in Section 9 -24 entitled "Warning Notices and Citations." This bill would amend this section by deleting the warning notice procedures for a first -time violator. It is believed that this amendment is needed and would put the "necessary teeth" into the Ordinance for improved enforcement. Ron Marciniak, Police Chief spoke in favor of the bill. He indicated that the police department believes that this amendment will help in enforcement. Dick Miller, 226 Navarre, spoke in favor of the bill. He indicated that he is representing a group of citizens from an organization called Ban the Burn, and congratulated the council on passing the amendment Joe Guentert, 3510 Corby Blvd., spoke in favor of the bill. He asked whether or not the City has provisions for picking up bagged leaves. Jim Caldwell, Mayor's Administrative Assistant to Neighborhoods, spoke in favor of the bill. He indicated that provisions will be made for pick -up of all bagged leaves to those who have city trash pick -up. Irene Gammon, 3316 Oakcrest, stated that she wrote a letter to the Common Council, stating that some violations in the Municipal Code book should also be enforced harder such as the vicious dog ordinance. Council Member Niezgodski made a motion to recommend this bill favorable as amended, seconded by Council Member Duda. The motion carried. BILLS, THIRD READING ORDINANCE NO. 7978 -89 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: WASHINGTON STREET WEST OF NILES AVENUE EXTENDED AND EAST OF THE EAST RACE. This bill had third reading. 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. 7979 -89 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of nine ayes. -- - -- - REGULAR MEETING— - _ -- _ - - - - AP-RIL--2 __ 989 - -- -- -- -- - -- -- ORDINANCE NO. 7980 -89 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 9, ARTICLE 4, OF THE MUNICIPAL CODE COMMONLY REFERRED TO AS "LEAF BURNING AND AIR POLLUTION CONTROL." 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 Slavinskas . The motion carried. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTION NO. 1717 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE SOUTH BEND HOUSING AUTHORITY TO SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR SEVENTY -FIVE (75) UNITS OF SECTION 8 VOUCHERS TO FACILITATE THE CITY OF SOUTH BEND'S EFFORTS BECAUSE OF THE DESTRUCTION OF THE MORNINGSID HOTEL BY FIRE. WHEREAS, The City of South Bend, Indiana has suffered a substantial loss of housing because of the destruction of the Morningside Hotel by fire, and; WHEREAS, The Housing Authority of the City of South Bend is the authorized local agency to request assistance from the U.S. Department of HUD. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SECTION I. The Common Council hereby establishes the authority of the South Bend Housing Authority to submit an application to the U.S. Department of HUD for funding of seventy -five (75) units of vouchers to be used to offset the loss of housing in south Bend due to the destruction of the Morningside Hotel by fire. SECTION II. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. A public hearing was held on the resolution at this time. Alonzo Watson, Executive Director Housing Authority made the presentation on the resolution. He indicated that the Housing Authority has received verbal notification from the Housing and Urban Development Indianapolis Office that South Bend will receive 75 vouchers because of the efforts that Mayor Joseph Kernan and Senator Coats made after the Morningside fire. He indicated that the Housing Authority will priortize the distribution of these vouchers for former Morningside residents. Council Member Slavinskas made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1718 -89 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4315 S. LAFAYETTE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR RELOCATION OF MILES DENTAL MANUFACTURING BUSINESS. 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 4315 S. Lafayette and which is more particularly described as follows: 314 x 628' Beg NE Cor SE 1/4 NE 1/4 4/528A Sec 26 37 2E and 314 x 675.5' Beg 628' W NE Cor SE 1/4 NE 1/4 4.86AC Sec 26 37 2E 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 form 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. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purpose of tax abatement. Such designation if 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. 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 /Ann Puzzello Member of the Common Council RESOLUTION NO. 1719 -89 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4315 S. LAFAYETTE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR RELOCATION OF MILES DENTAL MANUFACTURING BUSINESS. 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 4315 S. Lafayette and which is more particularly described as follows: 314 x 628' Beg NE Cor SE 1/4 NE 1/4 4.528A Sec 26 37 2E and 314 x 675.5' Beg 628'W NE Cor SE 1/4 NE 1/4 4.86AC Sec 26 37 2E 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, 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 form 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. 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 personal 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. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax 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. Council Member Slavinskas made a motion to combine Resolution Nos. 1718 -89 and 1719 -89 for purposes of public hearing, seconded by Council Member Coleman. The motion carried. A public hearing was held on the resolutions at this time. Byron Bartlett, Manager, Corporate Real Estate & Facilities Planning made the presentation on the resolution. He indicated that Miles is relocating its dental manufacturing business from St. Louis, MO to South Bend, IN. The expansion of operations by Miles, Inc. will create 100 new full time jobs within the first year with an annual payroll of $2,770,000. The new jobs will be in addition to 30 existing jobs with an annual payroll of $830,000 at the plant, which now is part of Miles' Ames Division. Council Member Zakrzewski made a motion to adopt Resolution No. 1718 -89, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council member Coleman made a motion to adopt Resolution NO. 1719 -89, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1720 -89 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 INDUSTRIAL DEVELOPMENT GRANT FUND. (COMMUNICATION TEST DESIGN, INC.) 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, Communication Test Design, Inc. project will benefit the local economy specifically by adding 18 new jobs to the area within two years, by generating new taxes on real and personal property, by utilizing vacant land, and by contributing to the construction of a new building and infrastructure development in the South Bend Community; and WHEREAS, Communication Test Design, Inc. will be locating their newest branch /warehouse in the Airport Industrial Park and fits into the overall development concept as it will contribute to the restoration and diversification of our industrial base; and WHEREAS, the receipt of an Industrial Development Grant will enable the City of South Bend to provide the infrastructure improvements necessary to implement this project; specifically, by allowing Communication Test Design, Inc. to locate in the Airport Industrial Park. 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 Industrial Development Grant application to the Indiana Department of Commerce for the Communication Test Design, Inc. 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 /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Sherry Shane, Economic Development Specialist, Department of Economic Development made the formal presentation on the resolution. She indicated that the City of South Bend has received tentative approval from the Indiana Department of Commerce for a grant in the amount of $13,000 to assist Communication Test Design, Inc. She also stated that the grant is a matching grant, and the local match will come from the City of South Bend's Water Department, and the Industrial Foundation. She indicated that before the final agreements can be put in place this resolution is required. She stated that the resolution would authorize the Mayor to submit the formal application to the Indiana Department of Commerce for the State Industrial Development Grant Fund. 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. PRIVILEGE OF THE FLOOR Mrs. E. M. Glenton, 701 Northshore, South Bend, IN 46601 spoke regarding her water and sewage bill. She wanted to know why her minimum usage fee was so high and what she could do to lower it. Mr. Joe Guentert, 3510 Corby Blvd., spoke regarding the Studebaker Corridor Bond Petition. Steve Luecke, 1st District Councilman, stated that the week of May 1 - 5 is "National Drinking Water Week." So drink lotsa water!!!