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HomeMy WebLinkAbout06-26-89 Council Meeting MinutesREGULAR MEETING JUNE 26. 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, June 26, 1989 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Ann Puzzello Council Member Coleman made a motion that the minutes of the June 12, 1989, meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1732 -89 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL 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, responsible planning and State law require adoption by the City of a fiscal plan and a definite policy for the provisions 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 in Penn Township near the intersection of Jackson and Gras Roads, more specifically described in Attachement "A ", which plan is attached hereto as Attachment "B" and made a part hereof, and hereby approves and adopts specific policies for implementation of the plan as set out therein. SECTION II. It is estimated that the implementation of the plan may require budgeting and appropriation of additional funds in the approximate amount of $50,000 per year to provide police protection to the annexation area. SECTION III. All services of a noncapital nature will be provided 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. This 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 /Ann Puzzello Member Common Council A public hearing was held on the resolution at this time. Dave Norris, Project Manager Economic Development Department made the presentation on the bill. He indicated that the resolution establishes a policy and plan outlining the City to provide services to 107.82 acres of land located in Penn Township near the intersection of Ireland and Ironwood Roads. Council Member Soderberg questioned whether or not the City has adequate Police and Fire Protection to handle this area. Council Member Voorde 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 Monday, June 26, 1989, at 7:10 p.m., nine members present. Chairman Luecke presiding. BILL NO. 34 -89 ON 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 Slavinskas stated that the Zoning & Vacation Committee had met on this bill and recommends it to the Council favorable. Mike Danch, Peirce & Associates, 52578 U.S. 31 North made the presentation on the bill. He 107 acres to become a new subdivision The Staffordshire Estates subdivision southeastern edge of the City. The an section at the southwest corner of Jac the southwest corner of Johnson and Hi will allow a small section of the subd that the City Park Department will ace Member Voorde made a motion to recomme seconded by Council Member Coleman. T BILL NO 12 -89 A BILL OF THE COMM AMENDING CHAPTER 2 SECTION 2 -213 ENTI VIOLATIONS" indicated that the annexation would allow hat would encompass more than 500 homes. ill be part of a 350 acre tract at the exation contains two parcels, a 26.8 acre son and Grass Rds. and an 81 acre tract at kory Rds. He stated that the developers vision to be set aside for a park, providing pt responsibility for the property. Council d this bill to the Council favorable, e motion carried. COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THE MUNICIPAL CODE BY THE INCLUSION OF NEW D "SCHEDULE OF ORDINANCE AND CODE This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunit to be heard. Council Member Voorde indicated that the Personnel & Finance Committee met on this bill and recommends that the substitute version of Bill 12 89 be sent to the Council favorable. Council Member Coleman made a motion ti accept the substitute bill, seconded by Council Member Slavinskas. The motion carried. Member Niezgodski made the presentation on the bill. He indicated that the bill will allow for the increase of the penalty for some offenses and d signates the City Clerk as the collection agent. He pointed out that the fine f r parking in a handicapped zone will increase from $20 to $50. Also, fines for false fire alarm or being disorderly in a city park will increase from $25 to 50. Council Member Voorde made a motion to recommend the substitute bill to th Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 44 -89 A BILL ESTABLISHING IA NON - REVERTING NEXT DOOR NEIGHBOR PROGRAM FUND AND APPROPRIAT NG $25,000 FOR THAT PURPOSE. This being the time heretofore set for and opponents were given an opportunit, Assistant /Neighborhood made the present bill would create and establish the Ne: citizens to carry out projects aimed ai indicated that the funding for this ye( created as the result of community sup] Coveleski Stadium. Council Member Col( until the July 10, 1989 meeting of the Niezgodski. The motion carried. There being no further business to com( Member Luecke made a motion to rise an( Member Coleman. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Cou the Council Chambers on the fourth f Council President Puzzello presiding BILLS, THIRD READING ORDINANCE NO. 7991 -89 AN ORDINA] THE CITY LOCATED I] This bill had second reading. Council bill, seconded by Council Member Colem. nine ayes. public hearing on the above bill, proponents to be heard. Jim Caldwell, Administrative ation on the bill. He indicated that the .t Door Neighbor Program, which will enable enhancing their neighborhoods. He is program is available because of revenue ort for the South Bend White Sox and man made a motion to continue this bill Council, seconded by Council Member before the Committee of the Whole, Council report to the Council, seconded by Council ATTEST: i color$ 10 4 11 F-4 of the City of South Bend reconvened in of the County -City Building at 8:10 p.m. nine members present. �CE ON A BILL ANNEXING TO AND BRINGING WITHIN LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND J PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. Member Voorde made a motion to pass this n. The bill passed by a roll call vote of ORDINANCE NO. 7992 -89 AN ORDIN CE ON A BILL OF THE COMMON COUNCIL OF THE CITY OF S UTH BEND, INDIANA, AMENDING CHAPTER 2 OF THE MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2 -213 ENTITLED "SCHEDULE OF ORDINANCE AND CODE VIOLATIONS" 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 Voorde. The motion carried. Council Member Co Leman made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. RESOLUTION NO. 1733 -89 A RESOLV RESOLUTI, OF SOUTH EAST SAM. FOR PURP, :ON CONFIRMING THE ADOPTION OF A DECLARATORY 1 DESIGNATING CERTAIN AREAS WITHIN THE CITY SEND, INDIANA, COMMONLY KNOWN AS 247 TO 251 ;E ST. TO BE AN ECONOMIC REVITALIZATION AREA 3ES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX FOR ZIKER CLEANERS, INC. __- V- V1Y8_ Lo- .- 1JD_� -- 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 in the City of South Bend, St. Joseph County, Indiana, which is described as follows: Parcel 1: All that portion of the South half of Lot Thirty -eight (38) of Denniston and Fellow's addition to the Town, now City of South Bend, and Lots numbered 1 through 10 as shown on the recorded Plat of J.C. Knoblock's subdivision of Lot Thirty -nine (39) of Denniston and Fellow's addition to the Town, now City of South Bend. Parcel 2: The north half of Lots Thirty -seven (37) and Thirty -eight (38) of Denniston and Fellow's addition to the Town, now City of South Bend, 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. 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. s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Kevin Butler, Attorney, 100 E. Wayne St. made the presentation on the resolution. He indicated that the petitioner Ziker Cleaners is located at 247 E. Sample St., South Bend, and they plan to increase their production facilities to accommodate the industrial and commercial business growth. He stated that in order to expand business and job security, they need additional production space, new equipment and additional employee parking and off street parking. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1734 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 247 TO 251 EAST SAMPLE STREET IN SOUTH BEND AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR 1ST SOURCE BANK, TRUSTEE OF THE JOSEPH ZIKER TRUST AND FOR ITS TENANT, ZIKER CLEANERS, INC. 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, requesting that the area in South Bend, Indiana, which is described as follows: Parcel 1: All that portion of the South half of Lot Thirty -eight (38) of Denniston and Fellow's addition to the Town, now City of South Bend, and Lots numbered l through 10 as shown on the recorded Plat of J.C. Knoblock's subdivision of Lot Thirty -nine (39) of Denniston and Fellow's addition to the Town, now City of South Bend. Parcel 2: The north half of Lots Thirty -seven (37) and Thirty -eight (38) of Denniston and Fellow's addition to the Town, now City of South Bend, be designated as an Economic Revitalization Area under the provisions of Indian Code 6 -1.1- 12.1 -1 et seq., and South Bend Municipal Code Section 2 -76 et seq., and; WHEREAS, the Departments 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 Indiana Code 6 -1.1- 12.1 -1 et seq., and South Bend Municipal Code 2 -76, et seq., 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. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and Statement of Benefits form completed by the Petitioner meets the requirements of Indiana Code 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 rehabilitation; D. That the other benefits about which'iinformation 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 Indiana Code 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 oflBenefits as set forth in Sections I and II of the Petition for Real Property Tax Abatement Consideration and that the Accounts is sufficient to justify the deduction 'granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report ad 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 Ec two (2) calendar years from the date Common Council. SECTION VI. The Common Council hereby qualified for and is granted property years. SECTION VII. The Common Council dire, adoption of this Declaratory Resoluti published, said publication providing Common Council on the proposed confir. SECTION VIII. This Resolution shall adoption by the Common Council and a Ann A public hearing was held on the resol indicated that the Human Resources and bill and recommends it to the Council E. Wayne St. made the presentation on Petitioner Ziker Cleaners plan to incr located at 247 E. Sample. He stated t, create 32 new, permanent jobs within t payroll of $500,000.00. He indicated rehabilitation project is $500,000.00. amend this bill, seconded by Council M Member Niezgodski made a motion to ado Council Member Coleman. The resolutio ayes. BILLS, FIRST READING is Revitalization Area shall be limited to the adoption of this Resolution by the ermines that the property owner is deduction for a period of three (3) the City Clerk to cause notice of the for Real Property Tax Abatement to be tice of the public hearing before the a of said declaration. in full force and effect from and after its oval by the Mayor. .ion at this time. Council Member Luecke :conomic Development Committee met on this Lvorable as amended. Butler, Attorney, 100 Le resolution. He indicated that the ise their production facilities presently it the rehabilitation project itself will e first year, representing a new annual vat the estimate dollar value of the Council Member Luecke made a motion to fiber Voorde. The motion carried. Council the resolution as amended, seconded by was adopted by a roll call vote of nine BILL NO. 47 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF BENDIX DR. & ELWOOD AV. 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. NEW BUSINESS Reports from Area Plan: BILL NO. 35 -89 Zoning - Jackson & Ironwood Rds. BILL NO. 37 -89 Historic Preservation Commission Council Member Coleman made a motion to set the above mentioned bills for 3rd reading and public hearing July 10, 1989 and sent to the Zoning & Vacation Committee, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Bill Soderberg, Councilman 3rd District spoke regarding unifying the City Park and County Park Depts.