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HomeMy WebLinkAbout09-22-86 Council Meeting MinutesREGULAR MEETING SEPTEMBER 22, 1986 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, September 22, 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 September 8, 1986 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Beverlie J. Beck /s/ Al Paszek /s/ James V. Barcome Council Member Serge made a motion that the minutes of the September 8, 1986, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. REPORTS Council Member Braboy indicated that the Human Resources Committee had met on Bill Nos. 96 and 99 -86, and recommended them favorably. Council Member Puzzello indicated that the Personnel and Finance Committee had met on Bill Nos. 97 and 98 -86, and recommended them favorably. Council Member Zakrzewski indicated that the Public Works Committee and Residential Neighborhood Committee had met in a joint meeting on Bill No. 94 -86 and recommended it favorably. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Braboy. 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 September 22, at 7:05 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 85 -86 A BILL AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED ZONING. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ann Kolata, Deputy Director of Redevelopment, made the presentation for the bill. She indicated this bill slightly reduces the boundaries of the controlled use exemption area in the downtown. She indicated this modification is in response to the concerns from the South Bend Housing Authority that we not include an area along Western Avenue and at South Street. She indicated these were valid concerns and the boundaries have been revised. Council Member Serge made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. BILL NO. 94 -86 A BILL AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "TRUCK ROUTES." 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 made the presentation for the bill. He indicated the bill should be amended in Section 20 -106 (A) subsection (d) to read: "From a point within the City to a point within the City Limits." Council Member Taylor made a motion to accept this amendment, seconded by Council Member Barcome. The motion carried. He indicated numerous complaints have been received regarding commercial vehicles in residential areas. He indicated this bill updates the truck route regulations. He indicated trucks 20 feet in length or over one ton, cannot park on a City street, unless otherwise posted. He indicated that trucks entering, leaving, or staying within the City limits must stay on designated truck routes, except with making a delivery on a street which is not a designated truck route. Hildy Zemlyak, 1903 S. Franklin, a representative of the Rum Village Neighborhood Association, thanked all the people who worked on this truck route bill. Council Member Beck made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Barcome The motion carried. BILL NO. 96 -86 A BILL APPROPRIATING $7,000.00 FROM THE INDIANA MAIN STREET PROGRAM ADMINISTERED BY THE INDIANA DEPARTMENT OF COMMERCE TO PROVIDE MATCHING FUNDS TO CENTER CITY ASSOCIATES IN CONNECTION WITH CERTAIN ECONOMIC DEVELOPMENT ACTIVITIES WITHIN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ann Kolata, Deputy Director of Redevelopment, made the presentation for the bill. She indicated this bill appropriates $7,000 that the City received from the Indiana Main Street Program. She indicated these funds will be matched by funds raised by Center City Associates and will be used to conduct a retail market survey of downtown. She indicated the market study will be used to formulate a strategy for retail development in the central business district. Council Member Serge made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. BILL NO. 97 -86 A BILL APPROPRIATING $13,000.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Dale Balsbaugh, Director of Morris Civic, made the presentation for the bill. He indicated the Broadway Theater League has donated $7,500 to the Morris Civic Improvement Account to assist in installing a new floor deck for the state area. He indicated that in addition, the orchestra pit cover will be redone, as well as the completion of the projection booth installation. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. BILL NO. 98 -86 A BILL VACATING FUND 91 AND TRANSFERRING THE MONIES THEREIN TO YOUTH SERVICES BUREAU OF ST. JOSEPH COUNTY, INC. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Carol Sanders, Deputy Controller, made the presentation for the bill. She indicated this bill would transfer the sum of $66,505.63 from Fund 91 to Youth Service Bureau of St. Joseph County, Inc. He indicated this amount represents the grant funds received by the Youth Service Bureau and fees earned through the Runaway Shelter. Council Member Zakrzewski made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. BILL NO. 99 -86 A BILL TRANSFERRING $87,000.00 AMONG VARIOUS 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. Ann Kolata, Assistant Director of Redevelopment, made the presentation for the bill. He indicated would allow for additional neighborhood clean -up activities, as will as pay for staff services for the Business Development Corporation and the Urban Enterprise Association. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Beck made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: 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 :25 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7684 -86 AN ORDINANCE AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED ZONING. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7685 -86 AN ORDINANCE AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "TRUCK ROUTES." 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 Zakrzewski made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. REGULAR MEETIN SEPTENd ORDINANCE NO. 7686 -86 AN ORDINANCE APPROPRIATING $7,000.00 FROM THE INDIANA MAIN STREET PROGRAM ADMINISTERED BY THE INDIANA DEPARTMENT OF COMMERCE TO PROVIDE MATCHING FUNDS TO CENTER CITY ASSOCIATES IN CONNECTION WITH CERTAIN ECONOMIC DEVELOPMENT ACTIVITIES WITHIN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. - Council Member Braboy 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. 7687 -86 AN ORDINANCE APPROPRIATING $13,000.00- FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND. This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Barcome. The bill passed by a roll call vote of nine ayes. t ORDINANCE NO. 7686 -86 AN ORDINANCE VACATING FUND 91 AND TRANSFERRING THE MONIES THEREIN TO YOUTH SERVICES BUREAU OF ST. JOSEPH COUNTY, INC. This bill had second reading. Council Member Braboy made a motion to pass this bill, seconded by Council Member Barcome. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7687 -86 AN ORDINANCE TRANSFERRING $87,000.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. s This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of i nine ayes. RESOLUTIONS RESOLUTION NO. 1436 -86 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 800 BLOCK OF SOUTH a LAFAYETTE, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. i 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 purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 800 Block of South Lafayette, and more particularly described by a line drawn as follows: A parcel of property being a portion of Lots Numbered 177, 176, 175, and 174 as shown on the Recorded Plat of Daniel Garst's First Addition to the City of South Bend, Indiana, recorded in Plat Book 3, page 5, of the records of the Recorder of St. Joseph County, Indiana, and portion of a north and south public alley lying west of said lots, which parcel shall be eighty (80) feet in width north and south along Lafayette Street, and two hundred fifty (250) feet in length east and west. as an Economic Revitalization Area; and f WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code i 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 F 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 three (3) 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/ Beverlie J. 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NOW, THEREFORE, the Common Council of the City of South Bend 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 Seven Hundred Thousand and no /100 Dollars ($700,000.00) 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, will comply with the purposes and provisions of the Act. 3. The Applicant may proceed with acquisition and construction of the economic development facilities 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. Mark Krcmaric, attorney, indicated this bond issue would be used to finance construction and equipping of the new medical office facility on the east bank of the St. Joseph River. He indicated the building will be owned by Tripods and leased to South Bend Orthopedic. He indicated three new jobs will be created. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Paszek. The resolution was adopted by a roll call vote of nine ayes. Council Member Taylor made a motion to combine public hearing on the next two resolutions, seconded by Council Member Paszek. The motion carried. RESOLUTION NO. 1439 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE INDIANA DEPARTMENT OF COMMERCE FOR THE INDUSTRIAL DEVELOPMENT GRANT FUND. WHEREAS, the City of South Bend is dedicated to pursuing economic development through promoting growth of businesses which stimulate the local economy and thereby benefit the people of South Bend as a whole; and WHEREAS, the Mastic Corporation expansion project will benefit the local economy, specifically by creating new manufacturing jobs and new construction jobs, by generating new taxes on real and personal property by utilizing vacant land, and by contributing to the construction of a new building and infrastructure development in the South Bend community; and - -- - - - - LIDO WHEREAS, the expansion of the Mastic Corporation, an existing manufacturing industry in South Bend, fits into our overall development concept as it will contribute to the restoration and diversification of our industrial base; and WHEREAS, the receipt of an Industrial Development Grant will enable the City of South Bend to provide the infrastructure improvements necessary to implement this project, specifically by constructing an access road that will facilitate the expansion of Mastic Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Hereby establishes the authority of the Mayor of the City of South Bend to submit an Industrial Development Grant application to the Indiana Department of Commerce for the Mastic Corporation expansion project. 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 RESOLUTION NO. 1440 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY WITH REGARD TO THE DEVELOPMENT PLAN FOR THE RUM VILLAGE INDUSTRIAL PARK. WHEREAS, the City of South Bend Redevelopment Commission (Commission), pursuant to Indiana Code 36- 7 -14 -1, et seq., (Act), adopted Resolution No. 783 on September 12, 1986 declaring the Rum Village Industrial Park (Area) to be blighted and amending the Rum Village Industrial Park Development Plan (Plan); and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana, which is the duly designated and acting official planning body for the City of South Bend, in its Resolution No. 90, adopted September 16, 1986, has issued its written order approving Resolution No. 783 and the Plan, as amended, and has certified that the Plan, as amended, conforms to the master plan of development for the City of South Bend; and WHEREAS, the Common Council is cognizant of the conditions that are imposed under Title VI of the Civil Rights Act of 1964, as amended, providing that no person shall, on the grounds of race, age, sex, color, religion, or natural origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of any federally- assisted project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, as follows: 1. The Order of the Area Plan Commission of St. Joseph County, pursuant to its Resolution No. 90, attached hereto and made a part hereof, is in all respects approved. 2. In order to implement and facilitate the Plan, as amended, it is found and determined that certain official action must be taken by the City of South Bend with reference, among other things, to changes in zoning, vacation and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public actions, and accordingly the Common Council hereby (a) pledges its cooperation in helping to carry out the Plan; (b) requests the various officials, departments, boards, and agencies of the City of South Bend having administrative responsibilities likewise to cooperate to such end and to exercise their respective functions and powers, in a manner consistent with the Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Plan. 3. The United States of America be, and hereby is assured of full compliance by the City of South Bend with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the regulations of the Department of Housing and Urban Development effectuating that Title. 4. 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 resolutions at this time. Ann Kolata, Deputy Director of Redevelopment, indicated the Mastic Corporation was expanding their existing facility. She indicated the City has already received tentative approval REGULAP ivr�s'mrrrC SEPTEMBER 22, 1986 from the State for the grant. She indicated it was necessary to expand the Rum n: Village Industrial Park in order for Mastic to expand their operation. Council Member Taylor made a motion to adopt Resolution No. 1439 -86, seconded by Council Member Paszek. The resolution was adopted by a roll call vote of nine ayes. Council Member Taylor made a motion to adopt Resolution No. 1440 -86, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 100 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET DESCRIBED AS CHALET COURT, COMMENCING AT THE EASTERLY RIGHT -OF -WAY LINE OF COTSWOLD LANE, AS EXTENDED NORTH AND SOUTH, RUNNING EAST TO ITS TERMINATION, FOR A DISTANCE OF APPROXIMATELY 80 FEET, MORE OR LESS, AS DEPICTED IN THE ORIGINAL PLAT OF SOUTHEAST ESTATES, SECTION 3, RECORDED AS INSTRUMENT NUMBERED 7704084, ON AUGUST 10, 1977, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing October 13, and refer it to the Zoning and Vacation Committee, seconded by Council Member Paszek. The motion carried. BILL NO. 101 -86 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1986 (SOUTH BEND ORTHOPEDIC ASSOCIATES, INC. PROJECT), AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing October 13, seconded by Council Member Taylor. The motion carried. Council Member Serge made a motion to suspend the rules and have first reading on Bill No. 101A -86, seconded by Council Member Taylor. The motion carried on a roll call vote of nine ayes. BILL NO. 101A -86 A BILL AUTHORIZING THE CITY OF SOUTH BEND INDIANA (THE "CITY "), TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BOND, SERIES 1986 (TRIPODS PARTNERSHIP, AN INDIANA PARTNERSHIP PROJECT), AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had first reading. Council Member Taylor made a motion to set this bill for second reading and public hearing October 13, seconded by Council Member Barcome. The motion carried. BILL NO. 102 -.86 A BILL APPROPRIATING $232,300 FROM THE GENERAL PARK FUND TO ACCOUNT NUMBERED 01.0399.0, OTHER CONTRACTUAL SERVICE IN THE PARK MAINTENANCE FUND O1. This bill had first reading. Council Member Puzzello made a motion to set this bill r second reading and public hearing October 13 and refer it to the Park Committee, fo g P seconded by Council Member Braboy. The motion carried. BILL NO. 103 -86 A BILL AMENDING CHAPTER 9 OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE SECTIONS CONCERNING FIRE PREVENTION. 3 This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing October 13 and refer it to the Public Safety Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 104 -86 A BILL TRANSFERRING $4,374.21 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing October 13 and refer it to the Human Resources, seconded by Council Member Voorde. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Barcome made a motion to adjourn, seconded by Council Member Puzzello. The motion carried and the meeting was adjourned at 7:51 p.m. ATTEST: APPROVED: City Clerk resident