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HomeMy WebLinkAbout10-23-89 Council Meeting MinutesW1 Be it remembered that the Common Council of the City of Council Chambers of the County -City Building on Monday, p.m. The meeting was called to order and the Pledge to ROLL CALL Present: Council Members Soderberg, Puzz Voorde South Bend met in the October 23, 1989, at 7:00 the Flag was given. Luecke, Niezgodski, sllo, Zakrzewski, Duda and Absent: Council Members Slavinskas and Coleman 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 October 9, 1989, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Ann Puzzello Council Member Niezgodski made a motion that the minutes of the October 9, 1989, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS 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 October 23, 1989, at 7:03 p.m., with nine members present. Chairman Luecke presiding. BILLS. SECOND READING BILL NO. 79 -89 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALL STREETS AND ALLEYS SOUTH OF EWING AVENUE AND PRAIRIES AVENUE (AT THE NORTH) RUNNING SOUTH TO THE SOUTH LINE OF THE WEST HALF, OF THE N.E. QUARTER OF SECTION 22 TOWNSHIP 27 NORTH, RANGE 2 EAST AND FROM LOCUST ROAD EAST TO GRANT STREET EXCEPT 122.9 FEET OF IRVINGTON STREET EAST OF LOCUST ROAD AND 125' OF WARREN STREET SOUTH OF EWING STREET. ALSO VACATING GRANT STREET RUNNING SOUTH FROM EWING AVENUE TO ITS DEAD -END, EXCEPT FOR THE NORTH 166' 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 Voorde made a motion to amend this bill by substitution, seconded by Council Member Zakrzewski. The motion carried. Council Member Luecke stated that the Zoning & Vacation Committee did not make a recommendation on this bill, due to the lack of a quorum. Bernie Feeney, 715 S. Michigan, Land Surveyor, Lang, Feeney & Associates, Inc., made the presentation on the bill. He indicated that the petitioner Chaang Huei Luan wants to develoip the property and with all the streets & alley in the property he would not be able to create a new subdivision without replatting the property. John Hamilton, 3429 S. Locust Rd., spokesperson for the Rum Village Neighborhood Association, spoke in favor of the bihl. He stated that the Rum Village Neighborhood Association agrees on the proposed development as it stands. Sylvester Gerschoffer, 2101 Prairie Av., spoke in favor of the bill. He indicated that he welcomes the development in the area. He questioned whether or not the development would have sidewalks. Council Member Voorde made a motion to recommend this bill favorable as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 92 -89 AN ORDINANCE INCREASING APPROPRIATIONS AND REDUCING APPROPRIATIONS WITHIN THE VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS FUND. 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 stated that the Public Works Committee gave no recommendation on this bill, due to the lack of a presenter. John Leszczynski, City Engineer, made the presentation on the bill. He indicated that the proposed bill is requesting an increase and reducing appropriations in the local roads and streets fund. He stated that the primary purpose of this appropriation is to close out completed projects and appropriate necessary funds to complete projects and appropriate necessary funds to the railroad improvements account and the traffic signal Bendix and Sugar Maple account. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. 7 BILL NO. 93 -89 AN ORDINANCE ON A BILL VACATING CERTAIN UNNAMED AND UNIMPROVED PUBLIC RIGHTS -OF -WAY OVER AND ON THE MAPLE LANE SCHOOL PROPERTY. 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 that the Zoning & Vacation Committee did not hold a hearing on this bill. Council Member Voorde made a motion to 'amend this bill by substitution, seconded by Council Member Duda. The motion carried. David Roos, Senior Development Specialist Economic Development Department, made the presentation on the bill. He indicated that the purpose of the vacation is to vacate three unnamed, unplatted and unimproved public rights -of -way existing on the Maple Lane School. Council Member Zakrzewski made a motion to recommend this bill favorable, as amended, seconded by Council Member Voorde. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Zakrzewski made a motion to rise and report to the Council, seconded by Council Member Niezgodski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: i 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 7 :35 p.m. Council President Voorde presiding and nine members present. BILLS. THIRD READING ORDINANCE NO. 8031 -89 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALL STREETS AND ALLEYS SOUTH OF EWING AVENUE AND PRAIRIES AVENUE (AT THE NORTH) RUNNING SOUTH TO THE SOUTH LINE OF THE WEST HALF, OF THE N.E. QUARTER OF SECTION 22 TOWNSHIP 27 NORTH, RANGE 2 EAST AND FROM LOCUST ROAD EAST TO GRANT STREET EXCEPT 122.9 FEET OF IRVINGTON STREET EAST OF LOCUST ROAD AND 125' OF WARREN STREET SOUTH OF EWING STREET. ALSO VACATING GRANT STREET RUNNING SOUTH FROM EWING AVENUE TO ITS DEAD -END, EXCEPT FOR THE NORTH 166' This bill had second reading. Council Member Voorde made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member The motion carried. Council Member made a motion to pass this bill, seconded by Council Member The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 8032 -89 AN ORDINANCE INCREASING APPROPRIATIONS AND REDUCING APPROPRIATIONS WITHIN THE VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS FUND. This bill had second reading. CounciliMember Voorde made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 8033 -89 AN ORDINANCE VACATING CERTAIN UNNAMED AND UNIMPROVED PUBLIC RIGHTS -OF -WAY OVER AND ON THE MAPLE LANE SCHOOL PROPERTY. This bill had second reading. Council Member Voorde made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Niezgodski. The motion carried. Council Member Voorde made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of seven ayes. RESOLUTIONS RESOLUTION NO. 1753 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 802 SOUTH FELLOW TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR FORTUNA LAND CO. (HARBOR METAL TREATING) OF INDIANA. 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, and which is more particularly described as follows: 573 - ---OCTOBER-23,--l989---- - A parcel of land being a part of the plat of E. H. Rush's Second Addition, and adjacent vacated alleys, in the City of South Bend, Indiana, and being more particularly described as follows, viz: Beginning at the Northwest corner of Lot 168 as shown on the recorded plat of E. H. Rush's Second Addition; thence North 890 - 551 -29" East, along the North line of said lot 168 and said North line projected, and along the North line of Lot 155 in said Addition, a measured distance of 289.20 feet to the Northeast corner of said Lot 155; thence South Oo -02' -36" East, along the West line of Rush Street as shown on said plat, and said line extended, a measured distance of 50.14 feet to the South line of a 14 foot wide alley lying South of and adjacent to said lots 168 and 155; thence South 890 -56' -02" West, along said South line of said alley a measured distance of 289.15 feet to the East line of Fellows Street as shown on said plat, extended south; thence North Oo -05' -41" West, along said East line of Fellows Street, a measured distance of 50.10 feet to the point of beginning. 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 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 Section 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 find 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 rehabilitation. 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 as 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 the 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 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 three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property 57L/ Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 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 /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke stated that the Human Resources and Economic Development Committee met on this bill and stated that the property qualifies as a redevelopment target area and recommends it to the Council favorable. Anthony Fortuna, President Harbor Metal Treating, 802 S. Fellow St., made the presentation on the bill. He indicated that the company plans to expand their facility by adding a 60' x 150' bay to their existing building. The total cost of the expansion will be between $707,000.00 and $950,000.00. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of seven ayes. RESOLUTION NO. 1754 -89 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 802 SOUTH FELLOW AND ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HARBOR METAL TREATING OF INDIANA. WHEREAS, a petition for personal 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 the Monroe /Sample Industrial Park, South Bend, Indiana, and which is more particularly described as follows A parcel of land being a part of the plat of E H. Rush's Second Addition, and adjacent vacated alleys, in the City of South Bend, Indiana, and being more particularly described as follows, viz: Beginning at the Northwest corner of Lot 168 as shown on the recorded plat of E. H. Rush's Second Addition; thence North 890 - 55' -29" East, along the North line of said lot 168 and said North line projected, and along the North line of Lot 155 in said Addition, a measured distance of 289.20 feet to the Northeast corner of said Lot 155; thence South Oo -02' -36" East, along the West line of Rush Street as shown on said plat, and said line extended, a measured distance of 50.14 feet to the South line of a 14 foot wide alley lying South of and adjacent to said lots 168 and 155; thence South 890 -56' -02" West, along said South line of said alley a measured distance of 289.15 feet to the East line of Fellows Street as shown on said plat, extended south; thence North Oo -05' -41" West, along said East line of Fellows Street, a measured distance of 50.10 feet to the point of beginning. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et se g. 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 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 Section 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 of Personal 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 575 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 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 and which can be reasonably expected to result from the installation of the new manufacturing equipment. SECTION III. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in sections I through II of the Petition for Personal 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 -11- 12.1 -4.5 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 for purposes of personal property tax abatement and hereby makes such a designation. SECTION V. The Common Council determines that such designation is for personal property tax abatement only and 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 determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of the Declaratory Resolution for Personal Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration 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 /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke stated that the Human Resources and Economic Development Committee met on this bill and recommends it to the Council favorable. Anthony Fortuna, President Harbor Metal Treating, 802 S. Fellows St., made the presentation on the bill. He indicated that they are purchasing two furnaces that heat treat metal products. He stated that they are vacuum furnaces, that allow Harbor Metal Treating to be competitive in the heat treating of manufactured dies and related products. He indicated that the project will create 3 new jobs, with an approximate annual payroll of $52,000.00. He stated that the two furnaces, installation expenses and a water cooler will cost approximately $810,000.00. 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 seven ayes. BILLS, FIRST READING BILL NO. 94 -89 A BILL INCREASING APPROPRIATIONS AND REDUCING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1989. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing November 13, 1989, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 95 -89 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1989. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing November 13, 1989, seconded by Council Member Zakrzewski. The motion carried. UNIFINISHED BUSINESS BILL NO. 90 -89 - REZONE 2909 WESTERN AV. Council Member Voorde made a motion to reading and public hearing on November Niezgodski. The motion carried. set the above mentioned bill for second 13, 1989, seconded by Council Member Council Member Luecke read into the record a statement dated October 23, 1989. Last week Wednesday, the South Bend Common Council met in Executive Session to discuss strategy with regard to the pending tax abatement litigation. Pursuant to the Indiana Open Door Law, any official or final action must be done at a meeting open to the public. As Chairman of the Human Resources and Economic Development Committee, I believe it would be in the best interest of our City to appeal Judge Jordan's decision that was rendered on October 10, 1989. Council Member Puzzello read into the record a letter from Council Member Slavinskas, who was unable to be present for the meeting. It reads as follows: October 20, 1989 To: Members of the South Bend Common Council From: Lee Slavinskas, 5th District Councilman I have asked the Council Attorney that in the event the tax abatement lawsuit is discussed at the regular Common Council meeting to be held next Monday night, October 23rd, to be unable to attend that meeting. "After much reflection, I believe that it would be in the best interest of the City of South Bend to appeal Judge Jordan's decision regarding the tax abatement issue. If I were present and if a motion to appeal would be made, I would vote 'aye." Thank You." Council Member Coleman arrived during the Unfinished Business portion of the meeting. Council Member Luecke made a motion to appeal the lawsuit, seconded by Council Member Zakrzewski. The motion was passed to appeal the lawsuit by a roll call vote of seven ayes and one nay (Council Member Soderberg) There being no further business to come before the Council, unfinished or new, Council Member Zakrzewski made a motion to adjourn, seconded by Council Member Niezgodski. The motion carried and the meeting was adjourned at 8:01 p.m. ATTEST: City Clerk APPROVED: