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HomeMy WebLinkAbout06-23-86 Council Meeting MinutesIi 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 23, 1986, 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, Barcome, Paszek, Voorde and Beck Absent: None 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 June 10 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Beverlie J. Beck /s/ Al Paszek /s/ James Barcome Council Member Serge made a motion that the minutes of the June 10, meeting of the Council be accepted and placed on file, seconded by Council Member Puzzello. The motion carried. SPECIAL BUSINESS Council Member Taylor made a motion to set a meeting for Thursday, June 26 at 4:00 p.m., to have public hearing and second reading on Bill No. 70 -86, seconded by Council Member Puzzello. The motion carried. Council Member Barcome made a motion to reappoint Joseph Bellina, John Oxian, James Kohn and K. C. Pocius to the Energy Commission, seconded by Council Member Serge. The motion carried. Council Member Barcome made a motion to appoint Fran Chikar to the Mayor Traffic and Safety Commission, seconded by Council Member Serge. The motion carried. REPORTS Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill nos. 65 and 66 -86. He indicated Bill No. 65 had received a favorable recommendation. Bill No. 66 -86 was not acted upon, since the petitioners were not present and a letter was received asking for continuance of the bill until July 14. Council Member Braboy indicated that the Human Resources Committee had met on Bill nos. 38 and 55, as well as tax abatement for 212 E. LaSalle and 513 Lincoln Way West. She indicated all received a favorable recommendation. Council Member Puzzello indicated that the Personnel and Finance Committee had met on Bill nos. 63 and 64 -86. She indicated Bill No. 63 -86 received a favorable recommendation and Bill No. 64 -86 also received a favorable recommendation, however, the amount of the ticket was amended to $3. Council Member Barcome made a motion to resolve into the Committee of the Whole, seconded by Council Member Serge. 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 27, at 7:10 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 65 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF KOSCIUSZKO STREET RUNNING SOUTH FROM WESTERN AVENUE TO THE 1ST INTERSECTING EAST -WEST ALLEY FOR A DISTANCE OF 102 FEET MORE OR LESS, ALL BEING IN THE J. M. STUDEBAKER SUB OF LOT ONE (1) HARPER AND RUCKMAN SURVEY WITHIN 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. Vendel Vegh, the petitioner, made the presentation for the bill. He indiated that the purpose of this vacation is to beautify the property as it is now being used as a dumping spot. He indicated he planned to fence the back half of this property. Joseph Edwards, 445 Kosciuszko, spoke in favor of this vacation. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Barcome. The motion carried. BILL NO. 66 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PORTIONS OF ST. PETER STREET LYING BETWEEN CORBY BLVD., AND NAPOLEON MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 8.25 FEET AND THE WEST 8.25 FEET OF SAID PUBLIC WAY, FROM CORBY BLVD. TO NAPOLEON FOR A COMBINED TOTAL DISTANCE OF 1188 FEET MORE OR LESS ALL BEING IN THE CITY OF SOUTH BEND, INDIANA SORINS 2ND ADD TO THE TOWN OF LOWELL. Council Member Beck made a motion to continue this bill until July 14 at the request of the petitioner, seconded by Council Member Taylor. The motion carried. BILL NO. 38 -86 A BILL AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Magliozzi, of Area Plan, gave the staff report, which was favorable. Ann Kolata, Asst. Director of Redevelopment, made the presentation for the bill. She indicated this bill would extend the boundaries of the controlled use exempt area to include the proposed baseball stadium and more of the East Bank, to permit the growth of certain entertainment and restaurant activities. She indicated this would promote the use of the downtown area as a regional retail business and convention center. T. Brooks Brademas, 425 N. Michigan, spoke in favor of this bill. Ken Donnelly, 2605 Fredrickson and Ralph Johnson 734 N. Cushing, spoke against this bill. Council Member Barcome made a motion to recommend this bill to the Council favorable, seconded by Council Member Paszek. The motion carried. BILL NO. 55 -86 A BILL AMENDING CHAPTER 2, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED TAX ABATEMENT PROCEDURES. Council Member Taylor made a motion to continue public hearing and second reading on this bill until July 14, seconded by Council Member Braboy. The motion carried. BILL NO. 63 -86 A BILL OF THE APPROVING THE COLFAX STREET GARAGE. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PARKING RATES FOR ALL CITY - OPERATED FLAT LOTS, THE PARKING GARAGE, AND THE JEFFERSON STREET PARKING This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Beck made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Barcome. The motion carried. Craig Hartzer, Deputy Mayor, made the presentation for the bill. He indicated this bill increases the monthly garage parking fees by $3 and the garage hourly rates by $.10 per hour, and establishes a new rate category known as "special event rate" of $1 per vehicle. Ken Donnelly, 2605 Fredrickson, spoke against this bill. Council Member Barcome made a motion to recommend this bill to the Council favorable, seconded by Council Member Paszek. After a discussion in the Council portion of the hearing, regarding group rates, Council Member Barcome withdrew his motion. Council Member Voorde made a motion to amend the bill in Section 4 under sub - section a number of vehicles 50 -99, the amount be reduced to $22. The motion failed for lack of a second. Council Member Zakrzewski indicated this bill should be continued until the group contracts are studied. Council Member Barcome made a motion to continue public hearing until July 14, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 64 -86 A BILL AMENDING SECTION 20 -18 OF THE SOUTH BEND MUNICIPAL CODE ESTABLISHING FINES FOR OVERTIME PARKING. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Beck made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Barcome. The motion carried. Craig Hartzer, Deputy Mayor, made the presentation for the bill. He indicated that establishes fines for overtime and illegal parking of $3 per violation, if paid within five days, and $10 after expiration of the five day period. He indicated the last increase in parking violations was 1972. Council Member Barcome made a motion to amend this bill in the last paragraph by adding an effective date of August 1, seconded by Council Member Paszek. The motion carried. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Beck. The motion carried. There being no further business to come before the Committee of the Whole, Council Member made a motion to rise and report to the Council, seconded by Council Member . The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED T mm" P M_ 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 7:50 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7655 -86 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF KOSCIUSZKO STREET RUNNING SOUTH FROM WESTERN AVENUE TO THE 1ST INTERSECTING EAST -WEST ALLEY FOR A DISTANCE OF 102 FEET MORE OR LESS, ALL BEING IN THE J. M. STUDEBAKER SUB OF LOT ONE (1) HARPER AND RUCKMAN SURVEY WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Taylor 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. 7656 -86 AN ORDINANCE AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE. This bill had second reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. 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. 7657 -86 AN ORDINANCE AMENDING SECTION 20 -18 OF THE SOUTH BEND MUNICIPAL CODE ESTABLISHING FINES FOR OVERTIME 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 Zakrzewski. The motion carried. Council Member Puzzello made a motion to pass the bill, as amended, seconded by Council Member Braboy. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1417 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 212 EAST LASALLE STREET 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 212 East LaSalle, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Lots Numbered Four (4), Five 95) and Six (6) as shown on the Original Plat of the Town of Lowell, now a part of the City of South Bend, excepting therefrom a lot or parcel of land 16 rods in length taken off of and from the entire width of the East ends of said lots. Also Lots Numbered Two (2), Three (3) and Four (4) as shown on the recorded plat of Esther H. Miller's Subdivision of a part of Lots Four (4), Five (5) and Six (6) in the Original Plat of the Town of Lowell, now a part of the City of South Bend. Subject to Resolutions of the City of South Bend Redevelopment Commission, rights of the United States of America, State of Indiana, the municipality and the public in and to that part of said real estate which may be covered by the waters of the St. Joseph River and to the Right of the riparian owners in and to the free and unobstructed flow of the waters of said river. 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: k i! j e 'J� • o • -- - - -- — 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. SECTION II. That this designation shall be limited to three (3) 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. Ernest Szarwark, attorney, indicated this real property abatement is being sought by Tripods Partnership for improvements to be located at 212 E. LaSalle. He indicated this project will create six new jobs and preserve 17 existing jobs. He indicated the project in question consists of the construction of a building to be used by South Bend Orthopedic Associates, to provide advanced medical assistance to the South Bend community. He indicated this abatement was for a three year period. He indicated that after abatement the taxes will be $77,000 per year. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Serge. Council Member Voorde indicated he was against granting this abatement. He indicated when Tripods asked for an Economic Development Bond they indicated they would not seek any other incentives. He indicated they have made changes in their original plans as well as the original site and they now are planning to build in an area that qualifies for tax abatement. He indicated the abatement ordinance clearly states that they cannot have a building permit before requesting abatement, however, Tripods has two building permits, an electrical permit, as well as a foundation permit. There was discussion among the Council regarding the Redevelopment Commission indicating to Tripods that they would grant them tax abatement, when only the Council can grant abatement. The motion carried on a roll call vote of eight ayes and one nay (Council Member Voorde). RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 3035 NORTH BENDIX AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. Council Member Voorde made a motion to continue public hearing on this resolution until July 28, seconded by Council Member Braboy. The motion carried. RESOLUTION NO. 1418 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE SOUTH BEND HOUSING AUTHORITY TO SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE SELF SUFFICIENCY PROGRAM. WHEREAS, the South Bend Housing Authority is the applicant for a grant from the United States Department of Housing and Urban Development; and WHEREAS, the receipt of Section 8 vouchers through the Self Sufficiency Program will enable the South Bend Housing Authority to provide additional housing opportunities to Section 8 - eligible persons. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. The Common Council hereby establishes the authority of the South Bend Housing Authority to submit a grant application to the United States Department of Housing and Urban Development for funding for the Self Sufficiency Program to be administered through the South Bend Housing Authority. SECTION II. This Resolution shall be in full force and effect immediately upon passage by the Common Council of the City of South Bend, Indiana, 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. David Roos, administrative assistant to the Mayor, indicated this resolution authorizes an application for fifty Section 8 vouchers to be used as part of this project. He indicated this project will help coordinate the Housing Assistance Plan with other community based career training and job creation programs. 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. RESOLUTION NO. 1419 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 513 LINCOLN WAY WEST AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 513 Lincoln Way West, South Bend, Indiana, and which is more particularly described by a line drawn as follows: A lot or parcel of land Twenty -two (22) feet in width, taken off of the entire length of the Southeasterly side of Lot Numbered Twenty- three; all of Lot Numbered Twenty -two (22), and a lot or parcel of land Fourteen and Two- thirds (14 -2/3) feet in width taken off of the Northwesterly side of Lot Numbered Twenty -one (21), excepting from said last described tract a parcel of land Forty (40) feet in length taken off of the entire width of the North and thereof, all as shown on the recorded Plat of Henricks and Grant's Addition to the Town, now City of South Bend. 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: 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 personal property tax abatement. 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. John St. Pierre, president of Gene's Camera Store, Inc., indicated they planned enlarge their business to do color processing that presently has to be sent out of the City. He indicated this project will create fifteen new jobs. Irene Mutzl, 320 Parkovash; Clem Gramza, 726 Blaine; Ralph Johnson, 734 N. Cushing and Ken Donnelly, 2605 Frederickson, spoke in favor of this abatement. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING - BILL NO. 68 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLY NORTH OF LINCOLN WAY WEST RUNNING WEST FROM SHERIDAN TO KNOBLOCK FOR A DISTANCE OF 299 FEET MORE OR LESS ALL BEING IN POST PLACE ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing July 14, and refer it to the Zoning and Vacation Committee, seconded by Council Member Braboy. The motion carried. BILL NO. 69 -86 A BILL APPROPRIATING $66,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FUND TO 1 PROVIDE TECHNICAL ASSISTANCE IN CONNECTION WITH CERTAIN ECONOMIC DEVELOPMENT ACTIVITIES WITHIN THE CITY OF SOUTH BEND, INDIANA. REGULAR MEETING _ _ 3 , i-986 This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing July 14, and refer it to the Personnel and Finance Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 70 -86 A BILL AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED ZONING, CONCERNING OFF - STREET PARKING FOR CERTAIN USES LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT AND ITS FRINGE. This bill had first reading. Council Member Braboy made a motion to set this for public hearing and second reading June 26 at 4:00 p.m., seconded by Council Member Puzzello. The motion carried. UNFINISHED BUSINESS Bill No. 53 -86 - Rezone Northeast Corner of Clement & Linden Council Member Puzzello made a motion to set this bill for public hearing and second reading July 14, and refer it to the Zoning and Vacation Committee, seconded by Council Member Voorde. The motion carried. PRIVILEGE OF THE FLOOR Council Member Beck made a motion that discussion not be limited to three minutes, seconded by Council Member Voorde. The motion carried. Ralph Johnson, 734 N. Cushing, spoke regarding telephone local measured service. Duke Newburn, County Councilman, spoke regarding crimes in the Black Community. He indicated there is only one ranking black police officer, and there is not one black in the homicide division. He urged the Council to investigate the racial problems on the police force. Walter Smith, 1334 Fassnacht, spoke regarding the Why Not Shack. he indicated the police do not respond half of the time. He indicated they have shot at seven houses in the neighborhood. Thomas Bush, 525 Studebaker, indicated the problems with the Why Not Shack have been going on for years. Ed Cornelis, 606 LaPorte, indicated there is not a weekend that goes by without someone getting shot. He indicated he feared for the lives of his children and wife. Terry Finney, 1320 Fassnacht, indicated the shootings were a weekly thing. He indicated he could not sell this home because of the bar. Lynn Comer, 620 LaPorte, indicated she could not sit on her porch, or leave the property unless someone was with her. 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 adjourned at 8:55 p.m. ATTEST: City Clerk APPROVED: r ident