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HomeMy WebLinkAbout06-24-85 Council Meeting MinutesREGULAR MEETING JUNE 24, 1985 REGULAR MEETING JUNE 24, 1985 E 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 24, 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 June 10, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. Beverlie J. Beck Ann Puzzello Council Member Taylor made a motion that the minutes of the June 10, 1985, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. REPORTS Council Member Braboy indicated the Human Resources Committee had met on tax abatement for Stanz Realty, and recommended it favorable. Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill nos. 54 -85 and 55 -85. He indicated that the committee made no recommendation since the petitioners for both alley vacations were not present for the committee meeting. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. 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 June 24, at 7:35 p.m., with nine members present. BILL NO. 54 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY NORTH OF LASALLE STREET RUNNING EAST FROM MAIN STREET TO THE NORTH -SOUTH ALLEY FOR A DISTANCE OF 165 (ONE- HUNDRED SIXTY FIVE) FEET, LYING BETWEEN LOTS 173 AND 174 OF THE ORIGINAL PLAT OF THE CITY OF SOUTH BEND, 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. Dan Fitzpatrick, President Burger King Corporation spoke in favor of the bill. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 55 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY SOUTH OF HURON STREET RUNNING EAST FROM GRANT ST. TO BROOKFIELD ST. EXCEPTING THE NORTH -SOUTH INTERSECTING ALLEY FOR A COMBINED DISTANCE OF 240 FEET. ALL BEING IN HARPER & RUCKMAN'S SURVEY TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, LYING BETWEEN LOTS 187 -188 AND 159 -160. This being the time heretofore set for public hearing on the and opponents were given an opportunity to be heard. Harriet owner of one of the houses adjacent to the alley in question vacation. She stated that cars use the alley to drag race. Zakrzewski made a motion to recommend this bill to council f, Council Member Puzzello. The motion carried. above bill, proponents Prebys, 616 E. Angela, spoke in favor of the Council Member avorable, seconded by BILL NO. 62 -85 A BILL TRANSFERRING $475,174.00 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. Colleen Rosenfeld, Director Community Development made the formal presentation on this bill. Joseph J. Guentert, 3510 E. Corby, member of the St. Joseph County Fair Tax Association, spoke in opposition of the bill. Mike Waite, 1009 Lawndale, spoke in opposition of the bill. Ralph Johnson, 734 N. Cushing, spoke opposed to the bill. Mr. Johnson stated, What would be best for South Bend a Baseball Stadium -- more money for Community Development or Property Tax Relief? Council Member Crone made a motion to REGULAR MEETING _ JUNE_2.4,_1985 amend this bill, to include in this bill reduce the 1985 unspecified local option fund by 39,000.00 and increase the project fund for El Campito by $39,000.00, seconded by Council Member Voorde. The motion was defeated by a roll call vote of 5 -4. (Council Members Serge, Braboy, Taylor, Paszek and Beck voted nay). (Council Members Puzzello, Zakrzewski, Crone, Voorde voted aye). Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried (9 -1) ( Voorde). ATTEST: 4_0� 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 Bldg. at 8:52 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7475 -85 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY NORTH OF LASALLE STREET RUNNING EAST FROM MAIN STREET TO THE NORTH -SOUTH ALLEY FOR A DISTANCE OF 165 (ONE- HUNDRED SIXTY FIVE) FEET, LYING BETWEEN LOTS 173 AND 174 OF THE ORIGINAL PLAT OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7476 -85 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY SOUTH OF HURON STREET RUNNING EAST FROM GRANT ST. TO BROOKFIELD ST. EXCEPTING THE NORTH -SOUTH INTERSECTING ALLEY FOR A COMBINED DISTANCE OF 240 FEET. ALL BEING IN HARPER & RUCKMAN'S SURVEY TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, LYING BETWEEN LOTS 187 -188 AND 159 -160. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7477 -85 AN ORDINANCE TRANSFERRING $475,174.00 AMONG ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Braboy. The bill passed by a roll call vote of seven (7) ayes and two nays (Crone, Voorde). RESOLUTIONS RESOLUTION NO. 1301 -85 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATOY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1840 NORTH COMMERCE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF TAX ABATEMENT. WHEREAS, the Common Council of the City of South Bend 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 1840 North Commerce, and more particularly described as follows: PARCEL 1: A tract of land in the Southwest Quarter of Section 33, Township 30 North, Range 2 East, City of South Bend, St. Joseph County, Indiana more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 00000100" West on and along the North line of said Southwest Quarter of Section 33 a distance of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue, said point being the true place of beginning; thence South 90000100" West on and along the South line of said Progress Drive, a distance of 450.88 feet to an iron on the East line of Commerce Drive; thence South 00029121" REGULAR MEETING JUNE 24, 1985 East on and along the East line of Commerce Drive, a distance of 403.15 feet to an iron; on the west line of Maplewood Avenue; thence North 00042'05" East on and along the West line of Maplewood Avenue a distance of 399.39 feet to the place of beginning. Said tract being lot Numbered 22 of the Airport Industrial Park Phase 2. Also, a portion of Maplewood Avenue vacated by the City of South Bend, Indiana, pursuant to Vacation Resolution No. 3446, 1977, which portion is more particularly described as follows: A portion of Maplewood Avenue, beginning at the South right -of -way line of Progress Drive and the East right -of -way line of Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post Place Addition; thence West 50 feet; thence North 345 feet; thence East 50 feet to the place of beginning. PARCEL II. Lots Numbered Twenty -Five (25), Twenty -Six (26) and Twenty -Seven (27) as shown on the recorded plat of post place now within and a part of the City of south Bend, together with the east 1/2 of the vacated Maplewood Avenue excepting there from a parcel of land 22 feet in width, East and West, taken off of the East end of said Lots heretofore, conveyed to the Municipal City of South Bend for Street purposes, and also excepting the North 9 feet of Lot 25. 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 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. That 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 real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. 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 /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, indicated Stanz Realty intended to expand their facilities located at 1840 North Commerce Dr. He indicated the site classifies for tax abatement, and the project will create ten new jobs, and preserve twelve existing jobs. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1302 -85 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL PURSUANT TO I.C. 36 -1 -7 -1 ET SEQ, FURTHER AMENDING THE AMENDED CHARTER AGREEMENT OF THE ST. JOSEPH COUNTY JOB TRAINING PROGRAM, AUTHORIZING ITS BOARD TO MEET QUARTERLY. WHEREAS, in 1983 the Common Council of the City of South Bend passed a Resolution approving the Amended Charter Agreement with the St. Joseph County Job Training Program, authorizing the City of South Bend to enter into such Agreement for and upon the behalf of the City of South Bend; and WHEREAS, the St. Joseph County Job Training Program has been running well and efficiently since September, 1983; and WHEREAS, the Board of the St. Joseph County Job Training Program believes that it does not need to meet as frequently as originally anticipated when the Program was set up. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that: SECTION 1. The amended charter agreement of the St. Joseph County Job Training Program, a copy of which is attached hereto, and made a part hereof as Exhibit "A ", is hereby approved by the South Bend Common Council. SECTION 2. This Resolution shall be in full force and effect from and after its passage and approval, all as provided by law. /s/ Joseph T. Serge Member of the Common Council /s/ Ann B. Puzzello Member of the Common Council /s/ Eugenia Braboy Robert G. Taylor REGULAR MEETING JUNE .24, 1985 Member of the Common Council Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council /s/ Thomas Zakrzewski 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. Carolyn Pfotenhauer, Assistant City Attorney made the presentation on the resolution at this time. She indicated that this resolution proposes some minor changes in the charter agreement of the St. Joseph County Job Training Program. The major change is the meeting of the JTP is to meet quarterly than bi- monthly, that are currently required by the board, there is no need to meet so frequently as was originally anticipated. Another change was a provision which incorporates by reference the successor corporation to the Michiana Pick since that organization has recently changed its name. The final change in the agreement is a change that was a typo in the previous charter agreement. 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 1303 -85 AN INDUCEMENT RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND RELATING TO: GEM PARTNERSHIP. The South Bend Economic Development Commission has investigated, studied, surveyed and reported to the Mayor and the Common Council of the City of South Bend, Indiana, that a need exists in the Community for additional job opportunities and industrial diversification within and near South Bend, Indiana and that to improve and promote job opportunities and commercial diversification within and near South Bend, Indiana certain contractual agreements regarding financing should be executed with GEM Partnership and Indiana partnership (the "Applicant "), relating to the acquisition and improvement of property located at 2920 W. Sample St. The Applicant desires to acquire and rehabilitate certain economic development facilities to be based and located in South Bend, Indiana (the "Project "). To induce Applicant to proceed with such project, the Common Council of the City of South Bend desires to adopt this resolution. It is apparent that the project will increase job opportunities and industrial diversification in and near South Bend, Indiana, resulting in a benefit to the welfare of the public in South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend approved the application of GEM Partnership to acquire economic development facilities to be located in South Bend, Indiana, under an arrangement whereby a portion of the costs of such acquisition and rehabilitation of the Project would be paid from the proceeds of Industrial Development Revenue Bonds issued by the City of South Bend, Indiana in an aggregate principal amount of approximately One Million and no /100 Dollars ($1,000,000.00), repayable at market rates. SECTION II. In order to encourage, induce and solicit such application by Applicant for such Industrial Development Bonds relating to the acquisition of said Economic Development facilities, the South Bend Economic Development Commission, and the Common Council of the City of South Bend shall proceed to cooperate with and take such action as may be necessary in drafting documents or the performance of such other acts as will facilitate the issuance of such Industrial Development Revenue Bonds by the City of South Bend, Indiana, to provide funds to be used toward the payment of costs for the acquisition and rehabilitation of said economic development facilities. SECTION III. All costs or expenses incurred in connection with this project may be included in the project costs and reimbursed from the proceeds of the Industrial Development Revenue Bonds to be issued with respect thereto. SECTION IV. The Applicant may proceed with the acquisition constituting the economic development facility in reliance upon this resolution. SECTION V. The liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council of 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, the South Bend Common Council and the City of South Bend, Indiana, their officers or agents, shall not incur any liability if for any reason the proposed issuance of such Bonds is notconsummated. REGULAR MEETING JUNE 24, 1985 SECTION VI. This inducement resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. DATED THIS DAY OF s /Ann Puzzello Member of the Common Council , 1985. A public hearing was held on the resolution at this time. Ken Fedder, attorney for the Economic Development Commission made the presentation on this resolution at this time. The proceeds of the bond issue will be used to purchase the Sears warehouse building and associated property and to carry out such construction as is required to convert the building into a distribution and operations center for General Mico. It is estimated this project will result in the creation of approximately 25 new jobs within one year of General Microcomputer's occupancy of the facility. It is further estimated that these new jobs will generate an annual payroll of approximately $300,000.00 per year. RESOLUTION 1304 -85 A RESOLUTION CLOSING VARIOUS LOCAL ROADS AND STREET PROJECTS. WHEREAS, the City of South Bend through the Department of Engineering has completed several projects in the Local Roads and Street Fund. It has been determined that monies previously appropriated for for these projects were higher than necessary. Deductions in appropriations must be made to close out the completed projects. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Appropriations for the following projects are hereby decreased with the purpose of closing out said projects. PROJECTS. PROJECT TITLE AMOUNT 905 L.W.E. $ 6,372.54 101 Bendix Dr. Track Relocation 1,763.00 202 Torrington Signal 35,000.00 203 Ardmore Trail Widening 15,979.00 204 Scarification & Pavement Repair 14,927.82 302 1983 Resurfacing 12,452.99 Total Reduction $ 86,496.40 SECTION II. 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 /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Joseph Pluta, Director of the Division of Engineering, made the presentation on the resolution at this time. He indicated that the resolution eliminates from the engineering records several old appropriations. The projects they pertain to have been completed or are no longer needed. The funds will then be available for future use. The money will revert back to the LRSF. 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. 63 -85 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing July 8, 1985 and refer it to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 64 -84 A BILL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING THE SUM OF ONE HUNDRED EIGHTY -ONE THOUSAND FOUR HUNDRED SEVENTY -FIVE DOLLARS ($181,475) FOR PAYMENT OF THE JUDGMENT BOND OF 1984. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing on July 8, 1985, and refer it to the Personnel & Finance Committee, seconded by Council Member Crone. The motioned carried. REGULAR_ MEETING _. _ _ JUNE_ _2-4 - 198 5_ . BILL NO. 65 -85 A BILL APPROPRIATING $19,150.00 FROM THE YOUTH SERVICE BUREAU FUND FOR OPERATING FUNDS TO BE ADMINISTERED BY THE YOUTH SERVICE BUREAU OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing July 8, 1985, and refer it to the Personnel and Finance Committee, seconded by Council Member Crone. The motion carried. BILL NO. 66 -85 A BILL APPROPRIATING $107,525.00 FROM THE YOUTH SERVICE BUREAU FUND FOR OPERATION OF THE YOUTH SERVICE BUREAU RUNAWAY SHELTER TO BE ADMINISTERED BY THE YOUTH SERVICE BUREAU OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Serge made a motion to set this bill for seconded reading and public hearing July 8, 1985, and refer it to the Personnel and Finance Committee, seconded by Council Member Puzzello. The motion carried. BILL NO. 67 -85 A BILL APPROPRIATING $88,636.00 FROM THE EMERGENCY MEDICAL SERVICE CAPITAL IMPROVEMENT FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE REPLACEMENT OF A ROOF AND FOR THE LEASE PAYMENT FOR QUINT 3 (LADDER 5). This bill had first reading. Council Member Taylor made a motion to set this bill for seconded reading and public hearing July 8, 1985, and refer it to the Public Safety Committee, seconded by Council Member Crone. The motion carried. BILL NO. 68 -85 A BILL ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WATERWORKS OF THE CITY OF SOUTH BEND BY AMENDING CHAPTER 17, ARTICLE 4 OF THE MUNICIPAL CODE OF SOUTH BEND. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing July 8, 1985, and refer to the Utilities Committee, seconded by Council Member Braboy. The motion carried. BILL NO. 69 -85 A BILL OF THE COMMONCOUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 16, ARTICLE 2 OF THE MUNICIPAL CODE OF SOUTH BEND. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing July 8, 1985, and refer it to the Utilities Committee, seconded by Council Member Serge. The motion carried. BILL NO. 70 -85 A BILL AMENDING ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A CUMULATIVE CAPITAL DEVELOPMENT FUND. This bill had first reading. Council Member Braboy made a motion to set this bill for second reading and public hearing July 8, 1985, and refer it to the Personnel & Finance Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 71 -85 A BILL AMENDING CHAPTER 2, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED DEPUTY MAYOR. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing July 8, 1985, and refer it to the Personnel & Finance Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 72 -85 A BILL AMENDING ORDINANCE NO. 7358 -84 AND 7359 -84 TO PROVIDE FOR SALARY ADJUSTMENTS TO CERTAIN POSITIONS OF THE CITY OF SOUTH BEND POLICE AND FIRE DEPARTMENTS FOR THE CALENDAR YEAR 1986. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing July 8, 1985, and refer it to the Personnel & Finance Committee, seconded by Council Member Serge. The motion carried. BILL NO. 73 -85 A BILL AMENDING ORDINANCE NO. 7357 -84 TO PROVIDE FOR SALARY ADJUSTMENTS TO CERTAIN POSITIONS OF THE CITY OF SOUTH BEND FOR THE CALENDAR YEAR 1986. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing July 8, 1985, and refer it to the Personnel & Finance Committee, Seconded by Council Member Braboy. The motion carried. UNFINISHED BUSINESS Reports for Area Plan: Bill No. 23 -85 - Inwood Rd. Bill No. 45 -85 - 1117 and 1121 E. Corby, Bill No. 48 -85 - 3308 E. Jefferson Blvd., 1 LJ REGULAR MEETING JUNE 24, 1985 Council Member Serge made a motion to set these bills for public hearing and second reading July 8, and refer them to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. 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 Zakrzewski. The motion carried and the meeting was adjouned at 9:20 p.m. ATTEST: APPROVED: Ci y Clerk President