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HomeMy WebLinkAbout03-11-85 Council Meeting MinutesREGULAR MEETING MARCH 11, 1985 I 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, March 11, 1985, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Serge, Braboy, Puzzello, Taylor, Zakrzewski, Crone, Paszek, Voorde and Beck Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the February 25, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. Beverlie J. Beck Ann Puzzello Thomas Zakrzewski Council Member Serge made a motion that the minutes of the February 25, meeting of the Council be accepted and placed on file, seconded by Council Member Puzzello. The motion carried. REPORTS Council Member Braboy indicated that the Human Resources Committee had met on resolution 6C, and had no recommendation. RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING AMENDMENTS TO THE URBAN RENEWAL PLAN FOR THE CENTRAL DOWNTOWN URBAN RENEWAL PROJECT, INDIANA R -66. Council Member Serge made a motion to continue public hearing on this resolution to March 25, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 1267 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND VOTING IN FAVOR OF A PROPOSED ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL INCREASING THE PERCENTAGE CREDIT ALLOWED FOR HOMESTEADS. WHEREAS, the Common Council of the City of South Bend recognizes that the Indiana Legislature has passed legislation which provides that once a county option income tax is in effect, a county may adopt an ordinance to increase the percentage credit allowed for homesteads in its county under IC 6 -1.1- 20.9 -2; WHEREAS, in order to provide property tax relief to all owners of homesteads in St. Joseph County, Indiana, it is in the interest of residents of South Bend and St. Joseph County to increase the percentage credit allowed for homesteads. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council of the City of South Bend hereby casts its 45.41 votes for the proposed ordinance of the St. Joseph County Income Tax Council, which reads as follows: ORDINANCE NO. AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL INCREASING THE PERCENTAGE CREDIT ALLOWED FOR HOMESTEADS. STATEMENT OF PURPOSE AND INTENT; WHEREAS, IC 6- 3.5 -6 -2 establishes the County Income Tax Council; and WHEREAS, the members of the St. Joseph County Income Tax Council are the South Bend Common Council, Mishawaka Common Council, the St. Joseph County Council, and other local units; and WHEREAS, during the 1984 General Assembly the law governing percentage G credits allowed for homestead exemptions was amended to allow a four percent (4%) credit during 1986 and thereafter unless said credits are increased by Ordinance of the County Income Tax Council; and REGULAR MEETING MARCH 11, 1985 WHEREAS, the St. Joseph County Income Tax Council wishes to increase the percentage credit allowed for homestead exemptions as follows: CALENDAR YEAR PERCENTAGE CREDIT 1986 8% (4% local, 4% state) 1987 9% (5% local, 4% state) 1988 10% (6% local, 4% state) 1989 10% (6% local, 4% state) WHEREAS, such an Ordinance of the St. Joseph County Income Tax Council must be passed on or before June 1, 1985; NOW, THEREFORE, BE IT ORDAINED BY THE ST. JOSEPH COUNTY INCOME TAX COUNCIL OF ST. JOSEPH COUNTY, INDIANA. as follows: SECTION I. The percentage credit for homesteads, as provided by IC 6 -1.1 -20.9 is increased by the St. Joseph County Income Tax Council for all eligible homesteads in the county, according to the following schedule: CALENDAR YEAR PERCENTAGE CREDIT 1986 8% (4% local, 4% state) 1987 9% (5% local, 4% state) 1988 10% (6% local, 4% state) 1989 10% (6% local, 4% state) SECTION II. The percentage credit allowed for homesteads under the schedule in Section I. of this Ordinance is the sum of the percentage credit allowed by IC 6 -1.1 -20.9 plus the additional percentage credit authorized by the St. Joseph County Income Tax Council. This Ordinance shall be in full force and effect on and after the 1st day of January, 1986. SECTION III. This Ordinance expires on December 31, 1989. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council Approved and signed by me this 11th day of February 1985 at 9:00 o'clock. /s/ Roger 0. Parent Roger O. Parent, Mayor City of South Bend ATTEST; /s/ Irene Gammon Irene Gammon City Clerk A public hearing was held on the resolution at this time. Council President Beck gave the percentages that would have been granted for homestead credit. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS THE SOUTHWEST CORNER OF ELWOOD AVENUE AND PORTAGE AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. A public hearing was held on the resolution at this time. Richard Morgan, attorney for the petitioner, indicated that this location is now within a tax abatement impact area, therefore, it now qualifies for abatement. Council Member Crone indicated this was not a valid petition since Martin's tax abatement was denied last year. The Council Attorney, City Attorney and Mr. Morgan all agreed this was a valid petition, since the Council did pass a designating resolution last May. Mr. Morgan indicated that when abatement was denied last June, it was denied because it did not meet any of the criteria. Since it now is in an impact area, they were requesting the abatement. Martin Tarnow, owner of Martin's Supermarkets, spoke in favor of this abatement. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The motion failed on a roll call vote of four ayes and five nays (Council Members Puzzello, Zakrzewski, Crone, Paszek and Voorde.) RESOLUTION NO. 1268 -85 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA RELATING TO AN APPLICATION BY STANZ REALTY COMPANY, FOR THE ISSUANCE OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS REGULAR MEETING MARCH 11, 1985 WHEREAS, at the present time there are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the city of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition of economic development facilities in the corporate limits of the City pursuant to the provisions of Indiana Code 36 -7 -12 (the "Act "); and WHEREAS, Stamz Realty Company, an Indiana partnership ( "Stanz ") doing business in the City, proposes to acquire economic development facilities in South Bend, Indiana as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by Stanz for the issuance of City of South Bend Economic Development Revenue Bonds in the approximate principal amount of One Million Five Hundred Thousand and no /100 Dollars ($1,500,000.00) with terms of repayment to be determined by the market rates at the time the bonds are sold the proceeds of the bonds will be used to make improvements to real estate and acquire equipment at Stanz's warehouse distribution facility located at 1840 Commerce Drive, in the City of South Bend, Indiana, resulting in ten (10) full -time new jobs added to Stanz's payroll with with an increase in its annual payroll of approximately $250,000 per year. NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: 1. The project constitutes economic development facilities which shall be financed by the City through the issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately One Million Five Hundred Thousand and no /100 Dollars ($1,500,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. The Company may proceed with acquisition and construction of the economic development facility in reliance upon this resolution. 4. That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such Bonds, and the South Bend Economic Development Commission and the City of South Bend, Indiana, their officers and agents, shall not incur any liability if for any reason the proposed issuance of such Bonds is not consummated. This Inducement Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, indicated Stanz Cheese planned to construct improvements to their existing facility. He indicated this expansion will create ten new jobs. Council Member Crone asked the average hourly rate paid by Stanz. Clyde Geraghty, President of Stanz, indicated they paid $9.50 to $10.00 an hour. I Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, j DECLARING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT TARGET AREA. A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, indicated that in order for the southeast corner of Eddy and Jefferson to qualify for economic development bonds, it would be necessary for the Council to declare it a target area. Richard Morgan, attorney, indicated this property is zoned "B" which would be the proper zoning for a dentist office. He indicated this project would cost $425,000. He indicated that he would like this resolution, and the next resolution on the agenda, continued until April 8, in order to get the plans finalized and meet with the neighbors. Council Member Taylor made a motion to continue public hearing until April 8, and refer it to the Human Resources Committee, seconded by Council Member Crone. The motion carried. RESOLUTION AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO AN APPLICATION BY JOHN F. HARRINGTON AND TRACEY S. HARRINGTON, FOR THE ISSUANCE OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS. 1 REGULAR MEETING MARCH 44, 1985 Council Member Taylor made a motion to continue this resolution until April 8, and refer it to the Human Resources Committee, seconded by Council Member Crone. The motion carried. RESOLUTION NO. 1269 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA OFFICE OF SOCIAL SERVICES AN APPLICATION FOR FUNDING THROUGH THE SOCIAL SERVICE BLOCK GRANT ACT. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City and its the applicant for the Social Services Block Grant Act funds, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That it hereby establishes the authority of the Mayor of the City of South Bend to submit an application for Social Services. SECTION II. That the Director of the Youth Service Bureau shall be designated the Administrative Agent for this grant. That for every category established under this Resolution, the Mayor shall submit to the Common Council a line item budget in ordinance form, prior to the expenditures of any grant money received upon approval of this application. SECTION III. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Bonnie Strycker, director of the Youth Service Bureau, indicated they intended to apply for Social Service Block Block Grant funds. She indicated they will be requesting reimbursement for a portion of our expenses for the Counseling Program and the Runaway Shelter. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 11 -85 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 9 OF CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS "MOBILITY HANDICAPPED PARKING ". This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing March 25, and refer it to the Public Safety Committee, seconded by Council Member Puzzello. The motion carried. BILL NO. 12 -85 A BILL TRANSFERRING $300,000 AMONG ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Taylor made a motion to set this bill for second reading and public hearing March 25, and refer it to the Human Resources Committee, seconded by Council Member Serge. The motion carried. BILL NO. 13 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1117 W. WESTERN AVE., IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Puzzello. The motion carried. PRIVILEGE OF THE FLOOR T. Brooks Brademas asked for an apology from Council President Beck for statements made against him in a public speech, regarding cats. Ralph Johnson, indicated the TRANSPO lot should stay where it is until the property is sold. Phil Kline, A &D Drugs, indicated he had a petition with 1,670 signatures indicating they want the TRANSPO lot to stay where it is at the present time. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Crone. The motion carried and the meeting was adjourned at 8:10 p.m. ATTEST: City Clerk APPROVED: President