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HomeMy WebLinkAbout03-25-85 Council Meeting MinutesREGULAR MEETING MARCH 25, 1985 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 25, 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 March 11, 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 March 11, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1270 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING DONALD J. NAPOLI, FOR HIS MANY ACHIEVEMENTS ACCOMPLISHED AS THE EXECUTIVE DIRECTOR OF THE SOUTH BEND PUBLIC LIBRARY WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes with pride that since 1977 Donald J. Napoli has served as Executive Director of the South Bend Public Library; and WHEREAS, during his tenure of service with the Library, Donald J. Napoli made countless contributions to the betterment of the library system; and WHEREAS, some of Donald J. Napoli's most notable activities included: (1) Increasing patron usage of library materials by 81.7% in six (6) years, from 1977 through 1983. (2) Doubled materials budget from 1977 through 1984. (3) Organized a cluster system with the South Bend Public Library and Plymouth Public Library purchasing access to such services. (4) Planned a back -up system for the computerized circulation system using microcomputers and dot matrix printers. (5) Orchestrated the construction of four (4) identically designed energy- efficient new branch libraries which were dedicated in November of 1983. (6) Instituted computerization of South Bend Library's four branches as well as the Main Library and Roger B. Francis Branch, to better serve our Community's needs. WHEREAS, the leadership and loyal dedication given to our Community by Donald J. Napoli are attributes which our citizens will emulate in the years ahead. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. On behalf of the citizens of South Bend, Indiana, the Common Council hereby publicly commends Donald J. Napoli for his many contributions to our Community as Executive Director of the South Bend Public Library. SECTION II. The Common Council wishes Mr. Napoli and his family continued success and happiness in the future as they embark on new horizons in Cleveland, Ohio. 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/ Joseph T. Serge Member of the Common Council /s/ Eugenia Braboy Member of the Common Council /s/ Beverlie J. Beck /s/ Ann B. Puzzello Member of the Common Council /s/ Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski REGULAR MEETING Member of the Common Council MARCH 25, 1985 Member of the Common Council /s/ Beverly D. Crone Member of the Common Council /s/ Al B. Paszek Member of the Common Council /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Beck read the resolution and presented it to George Stratton, assistant library director. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. REPORTS Council Member Taylor indicated that the Public Safety Committee had met on Bill No. 11 -85 and recommended it favorable, as amended. Council Member Braboy indicated that the Human Resources Committee had met on Resolution 9B and Bill No. 12 -85 and recommended them favorable. Council Member Puzzello indicated that the Personnel and Finance Committee had met on deferred compensation for City employees. She indicated that Bill No. 10 -85 would be continued until April 29. Council Member Zakrzewski indicated that the Public Works Committee had met on regarding the odor from the ethanol plant. He indicated they planned another meeting May 1. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Crone.- The motion carried. 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 March 25, at 7:13 p.m., with nine members present. Chairman Serge presiding. BILL NO. 10 -85 A BILL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING DEFERRED COMPENSATION PLAN(S). Council Member Puzzello made a motion to continue public hearing on this bill until April 29, seconded by Council Member Taylor. The motion carried. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Taylor made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Council Member Puzzello made the presentation for the bill. She indicated that commercial business engaged in transporting the mobility handicapped currently have to use loading zones to load and unload their passengers. She indicated this bill would allow them to apply for a permit so they can transport and pickup handicapped individuals by using handicapped parking spaces. Wendell Walsh, 2403 Hollywood Pl, attorney representing one of the businesses involved in transporting handicapped people, spoke in favor of this bill. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 12 -85 A BILL TRANSFERRING $300,000 AMONG ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. 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 accept the substitute bill on file with the City Clerk, seconded by Council Member Taylor. The motion carried. Colleen Rosenfeld, director of Community Development, made the presentation for the bill. She indicated this substitute bill should be amended by adding Avanti Corportion after Economic Development Capital Fund. Council Member Zakrzewski made a motion to amend, seconded by Council Member Taylor. The motion carried. Colleen Rosenfeld indicated the Economic Development Capital Fund involves a loan from a Small Business Investment Company to an existing business in the Studebaker Corridor. She indicated the $250,000 would be channeled through the Urban Enterprise Association to the SBIC and combined with $250,000 from the State and 1.5 million in private investment to assist in the continued operation of the company. She indicated that the Clean -up Crew increase is a direct result of the proposed Project Future funding level of the same amount. She indicated that recent changes to the CDBG Regulations strictly limit the percentage that can be spent on administrative activities and the REGULAR MEETING MARCH 25, 1985 direct and immediate results of those activities. She indicated that Project Future activities has always been calculated as an administrative expense while some of their specific activities may not result in projects in the years for which administrative costs are incurred. She indicated that in funding Project Future with CDBG funds there is an additional limitation on administrative funds and difficulty in documentation for reporting purposes. She indicated the proposal is to offset costs in the Neighborhood Clean -up Crew activity while the Civil City provides funding for Project Future. She indicated that the funds for the Studebaker Corridor would be used for a development plan. Glendarae Hernandez, 702 E. South, spoke against Avanti receiving funds. Floyd Carter, 1619 Fassnacht, spoke against Avanti receiving funds. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: 4m".O- r City Clerk REGULAR MEETING RECONVENED 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 8:00 p.m. Council President Beck presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 7435 -85 AN ORDINANCE 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 second reading. Council Member Taylor made a motion to amend this bill, as amended, in the Committee of the Whole, seconded by Council Member Braboy. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7436 -85 AN ORDINANCE TRANSFERRING $310,000 AMONG ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended, in the Committee of the Whole, seconded.by Council Member Puzzello. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Braboy. The bill passed by a roll call vote of eight ayes and one nay (Council Member Crone.) RESOLUTIONS 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. A public hearing was held on the resolution at this time. Jon Hunt, Director of Redevelopment, indicated this resolution would allow Redevelopment to add one parcel, located at the southeast corner of Western and Main, to the acquisition list. Douglas Kline, 63551 Miami, spoke against this land being used for a TRANSPO transfer lot. Council Member Taylor made a motion to defeat this resolution, seconded by Council Member Zakrzewski. The resolution was defeated to a roll call vote of nine nays. RESOLUTION NO. 1271 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 1245 PRAIRIE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1145 Prairie, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A parcel of land in the East Half (1/2) of the Northwest Quarter (1/4) of Section 14, Township 37 North, Range 2 East of the Second Principal Meridian in the City of South Bend, County of St. Joseph, State of Indiana, more particularly described by a line drawn as follows, viz: 1 i, 1 1 1 REGULAR MEETING MARCH 25, 1985 Commencing at the intersections of the South line of Garst Street with the Westerly line of Prairie Avenue; thence South 28018'06" West along and with the Westerly line of Prairie Avenue, a distance of 50.99 feet to the Southeast corner of a 45 foot easement, said point being 45 feet South of the South line of Garst Street, by right angle measurement; thence North 89046131" West along and with the South line of said easement, a distance of 771.42 feet to the point of beginning of this description; thence South 28015141" West a distance of 998.17 feet; thence South 61046150" East a distance of 309.05 feet; thence North 28019'18" East a distance of 349.17 feet; thence North 61055'11" West a distance of 269.50 feet; thence North 28010114" East a distance of 587.13 feet; thence North 89046131" West a distance of 45.97 feet to the place of beginning. Parts of the West Half (1/2) of the Northeast Quarter (1/4) and the East Half (1/2) of the Northwest Quarter (1/4) of Section Fourteen (14), Township Thirty -seven (37) North, Range Two (2) East of the Second Principal Meridian, more particularly described as commencing at a point on the West line of Prairie Avenue, 50.99 feet southwesterly of the South line of Garst Street, as measured along said West line of Prairie Avenue, thence North 89047148" West along a line 45.00 feet south of the parallel to the said South line of Garst Street, a distance of 464.53 feet for a point of beginning; thence South 28014'42" West a distance of 708.65 feet to a point; thence North 61046108" West a distance of 229.20 feet to a point, thence North 28014'36" East a distance of 586.62 feet to a point; thence South 89047143" East a distance of 259.71 feet to the point of beginning. Part of the Northeast Quarter and also part of the Northwest Quarter of Section 14, Township 37 North, Range 2 East of the 2nd P.M., in the City of South Bend in the County of St. Joseph in the State of Indiana, more particularly described as follows: Commencing at a point in the West line of Prairie Avenue 45.00 feet South by rectangular measurement from the South line of Garst Street in said City; thence South 28014112" West along the Westerly line of said Prairie Avenue a distance of 985.84 feet to the Point of Beginning; thence continuing South 28014142" West along the Westerly line of Prairie Avenue 50.00 feet; thence Northwesterly at right angles to the last described course 370.00 feet; thence North 28014142" East, parallel with the Westerly line of Prairie Avenue, 50.00 feet; thence Southeasterly at right angles to the last described course 370.00 feet to the Point of Beginning. Part of the Northeast Quarter (1/4) and part of the Northwest Quarter (1/4) of Section 14, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning 45 feet South of the South line of Garst Street and 419.21 feet West of the Westerly line of Prairie Avenue as measured along a line parallel with the South line of Garst Street, said line having a bearing of N 89047148" W; thence S28014114142" E parallel with the Westerly line of Prairie Avenue, a distance of 729.94 feet; thence N 61046108" W a distance if 40.0 feet; thence N 28014142" E, a distance of 708.65 feet to a point 45 feet South of the South line of Garst Street projected; thence S 89047148" E parallel with the South line of Garst Street projected, a distance of 45.32 feet to the point of beginning, containing 0.66 acres. Parts of the West Half (1/2) of the Northeast Quarter (1/4) and the East Half (1/2) of the Northwest Quarter (1/4) of Section Fourteen (14) Township Thirty -seven (37) North, Range Two (2) East of the Second Principal Meridian, more particularly described as commencing at a point of he West line of Prairie Avenue, 50.99 feet southwesterly of the South line of Garst Street, as measured along said West line of Prairie Avenue thence North 89047148" West along a line 45.00 feet south of the parallel to the said South line of Garst Street a distance of 464.53 feet for a point of beginning; thence South 28014'42" West a distance of 708.65 feet to a point; thence North 61046108" West a distance of 229.20 feet to a point; thence North 28014136" East a distance of 586.62 feet to a point; thence South 89047143" East a distance of 259.71 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 WHEREAS, the Redevelopment Commission 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 has further prepared maps and plats showing the boundaries and such other information as required by law of the area in questions; 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: REGULAR MEETING SECTION I. That 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. MARCH 25, 1985 SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. 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. Frederick Boynton, attorney, indicated that Inland Distributing Company was requesting this abatement in order to expand the present facility. He indicated this expansion would insure the continuation of forty -five new, and will result in at least five new jobs being created. 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. BILLS, FIRST READING BILL NO. 14 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1104 E. JEFFERSON BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to amend this bill by substitution, seconded by Council Member Braboy. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. UNFINISHED BUSINESS Bill No. 6 -85 - Rezone 1117 and 1121 E. Corby Bill No. 9 -85 - Off - street Parking Council Member Braboy made a motion to set these bills for public hearing and second reading April 8, and refer them to the Zoning and Vacation Committee, seconded by Council Member Crone. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Braboy made a motion to adjourn, seconded by Council Member Puzzello. The motion carried and the meeting was adjourned at 8:20 p.m. ATTEST: V /h � City Clerk APPROVED: �u r 1 1