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HomeMy WebLinkAbout03-15-82 Council Meeting MinutesREGULAR MEETING MARCH 15, 1982 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 15, 1982, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Szymkowiak Beck, Taylor, Zielinski, Crone, Dombrowski, Voorde and McGann Absent: Council Member Serge 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 res- pectfully report that it has inspected the minutes of the February 22, 1982, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Lewis A. McGann /s/ Beverly D. Crone. Your sub- committee on the inspection and supervision of the minutes would res- pectfully report that it has inspected the minutes of the February 26, 1982, special meeting of the Council and found them correct. The sub- committee, therefore, recommends that the same be approved. /s/ Lewis A. McGann /s/ Raymond Zielinski Council Member Dombrowski made a motion that the minutes of the February 22, and 26, 1982, meetings of the Council be accepted and placed on file, seconded by Council Member Voorde. The motion carried. REPORTS Council Member Voorde indicated that the Human Resources and Economic Development- Committee had met regarding personal property tax abatement for South Bend Toy, and had recommended it favorable. Dave Albert, president of the Energy Commission, gave a report on energy conservation for the four proposed Brach libraries. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Zielinski. The motion carried. 21C, 1 S4 REGULAR MEETING MARCH 15, 1982 COMMITTEE.OF THE WHOLE Be it remembered that mittee of the Whole on sent. Chairman Voorde BILL NO. 4 -82 the Common Council of the City of South Bend met in the Com- Monday, March 15, 1982, at 7:07 p.m., with nine members pre - presiding. A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (BRICK ROAD AND U.S. 31 BYPASS.) Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. David Behr, from Area Plan, indi- cated this rezoning had received a favorable recommendation from the Commission. Peter J. Nemeth, attorney representing the petitioners, indicated this rezoning was only for a change of height and area from "A" to "F" to allow them to building a Holiday Inn Motel. He indicated that there was a change in the legal description, and asked that the Council accept a substitute bill filed with the City Clerk. Coun- cil Member McGann made a motion to accept the substitute bill, seconded byCouncil Member Taylor. The motion carried. Council Member Dombrowski made a motion to re- commend this bill to the Council favorable, as amended, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 9 -82 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 12, MUNICIPAL CODE) (1802 WERWINSKI.) Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. David Behr, fromArea Plan, indi- cated the Commission recommended this rezoning favorable. Joseph Roper, an attorney representing the owner of the property, indicated that a residential mortgage loan could not be made on this property because it was zoned industrial. David Kleckley, an attorney representing the petitioner, indicated it was important that the Council act favorable on this rezoning. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 21 -82 A BILL ESTABLISHING AN ARSON PROTECTION FUND. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Joseph Kernan, City Controller, made the presentation for the bill. He indicated this fund will servie as a neces- sary repository for th recently received State Arson Grant money, as well as other money generated by the police and fire department arson activities. Council Member McGann made a motion to have public hearing on Bill No. 22 and Bill No. 23 concurrently, seconded by Council Member Dombrowski. The motion carried. BILL NO. 22 -82 BILL NO. 23 -82 A BILL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF BONDS OF THE PARK DISTRICT OF THE CITY OF SOUTH BEND. A BILL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF THREE MILLION FIVE HUNDRED THOUSAND DOLLARS ($3,500,000.00) TO BE APPLIED ON THE CONSTRUCTION AND SITE DEVELOPMENT OF A WATER RELATED RACEWAY (EAST RACEWAY), CONSTRUCTION OF A WALKWAY WITH LIGHTING BENEATH THE WEST END OF THE JEFFERSON STREET BRIDGE, A WALKWAY WITH LIGHTING IN PLAZA PARK AND HOWARD PARK, AND PURCHASE OF LAND NECESSARY FOR THE CONSTRUCTION AND SITE DEVELOPMENT OF A WATER RELATED RACEWAY (EAST RACEWAY) BY THE BOARD OF PARK COMMISSIONERS OF THE PARK DISTRICT OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Parent made the presenta- tion for the bill. He indicated that the City is to the point where the dream of revitalizing the East Bank Race and the East Bank is about to become a reality. He indicated that any effort to redevelop the economic development sector of this com- munity takes place in small painful steps. He indicated that over a period of the last year and one -half of planning we are a a point where after approval by the Coun- cil and approval by the State Tax Commissioners in March, ground breaking can take place early this summer. He indicated that project is a crucial part of the City's efforts to rejuvenate its economic life. He indicated this was an important effort to expand and increase the tax base. He indicated there were 52 acres of land in the boundary of this project, and he felt the valuation will grow to approximately twenty - five million in the years ahead, after the public sector has made its improvements and investments. He indicated there was public support for this project, such as, the UAW Cap Council, the Chamber of Commerce, and the neighborhood associations. He asked the Council to approve this bill. Dave Major, president of the South Bend - Mishawaka Area Chamber of Commerce, spoke in support of this project. He indicated this was a case where the City of South Bend providing a base where a foundation is i 2�f' REGULAR MEETING MARCH 15, 1982 laid, that will become the catalyst for substantial investment. Jim Cook, local realtor and developer of the East Bank Emporium Building, indicated this was an op- portunity to see an involvement of great private sector investment into the com- munity, by making the East Bank area a hub of activity in an area that will not only be retail and commercial but also high density residential development. Irene Mutzl, 320 Parkovash, indicated that project was something that the City wanted, but did not need. She indicated the City could not afford this project. She indicated the City could not afford the upkeep and the maintenance. John Gleva, 5039 W. Packard, spoke against this bond. He indicated this should be funded through private industry. All members of the Council present spoke in favor of this project. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Dombrowski made a motion to rise and report to the Council, seconded by Coun- cil Member Zielinski. The motion carried. ATTEST: ATTEST: Cy Clerk Chair Council Member Szymkowiak made a motion to recess seconded by Council Member Beck. The motion carried and the meeting was recessed at 8:10 p.m. REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in theCouncil Chambers on the fourth floor of the County -City Building at 8:18 p.m. Council President McGann presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 7035 -82 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED,-- COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (BRICK ROAD AND U.S. 31 BYPASS.) This bill had second reading. Council Member Taylor made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Beck. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7036 -82 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (1802 WERWINSKI.) This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7037 -82 AN ORDINANCE ESTABLISHING AN ARSON PROTECTION FUND. This bill had second reading. Council Member Crone made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE N0. 7038 -82 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF BONDS OF THE PARK DISTRICT OF THE CITY OF SOUTH BEND. This bill had second reading. Council Member Crone made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7039 -82 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIA- TING THE SUM OF THREE MILLION FIVE HUNDRED THOUSAND DOLLARS ($3,500,000.00) TO BE APPLIED ON THE CONSTRUCTION AND SITE DEVELOPMENT OF A WATER RELATED RACEWAY (EAST RACEWAY), CON- STRUCTION OF A WALKWAY WITH LIGHTING BENEATH THE WEST END OF THE JEFFERSON STREET BRIDGE, A WALKWAY WITH LIGHTING IN PLAZA PARK AND HOWARD PARK, AND PURCHASE OF LAND NECESSARY FOR THE CONSTRUCTION AND SITE DEVELOPMENT OF A WATER RELATED RACEWAY (EAST RACEWAY) BY THE BOARD OF PARK COMMISSIONERS OF THE PARK DISTRICT OF THE CITY OF SOUTH BEND. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. REGULAR MEETING MARCH 15, 1982 RESOLUTIONS RESOLUTION NO. 947 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING 404 W. SAMPLE AN URBAN DEVELOPMENT AREA FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION. WHEREAS, a petition for Personal Property Tax abatement consideration has been filed with the Common Council of the City of South Bend pursuant to Section 2 -76 of the Municipal Code for the tangible personal property to be located at 404 West Sample Street, SouthBend, Indiana. WHEREAS, the legal description of the facility in which the tangible personal property is to be located, is more particularly described by a line drawn as follows: A parcel of land being a part of the Northest Quarter of Section 14, Township 37, North, Range 2 East of the Second Principal Meridan and being more particularly described as follows, viz: Beginning at a point 1200.01 feet South 890- 51' -46" East of the Northwest corner of Tract No. 4 of the Studebaker Corporation Replat as recorded in Plat Book 11, page 184, in the office of the Recorder of St. Joseph County, Indiana, said point being on the North Line of said Tract No. 4, which North Line is also the South right -of -way line on Sample Street; thence South 00- 21' -18" East along the projection of a wall line and along said wall line a distance of 421.71 feet to an angle point; thence South 270- 52' -38" East, along a wall line a distance of 27.07 feet to an angle point; thence North 890- 38' -42" East, along a wall line a distance of 132 -73 feet to a point 96.19 feet South 890- 38' -42" West of the West right -of -way line of Franklin Street; thence South 00- 21' -55" East, parallel with the West right -of -way line of Franklin Street, a distance of 160.27 feet to a point 96.18 feet South 890- 55' -21" West of said West right -of -way of Frankline Street; thence north 890- 55' -21" East, a distance of 96.18 feet to said West right -of -way line; thence North 00- 21' -55" West, along said West right -of -way line, a distance of 604.93 feet to said South right -of -way line of Sample Street; thence North 890- 51' -46" West, along South right -of -way line, a distance of 241.64 feet to the place of beginning. Containing 122, 848.47 square feet (2.81 acres) more or less. WHEREAS, the Redevelopment Commission has conducted an investigation pursuant to Section 2 -77 of the Municipal Code and prepared a report determining that there is compliance with the Statutory obsolescence and eligibility criteria under Indiana Code 6- 1.1- 12.1 -1 et seq. WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewd said report and recommended to the Common Council that the area qualifies as an Urban Development Area, and that the tangible personal property to be located at such location is entitled to a deducation from the assessed value of the equipment for a period of five (5) years. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. 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 Urban Development Area, and that the tangible personal property to be located at such location is entitled to a deduction from the assessed value of the equipment for a period of five years (5) years. SECTION II. The Common Council hereby adopts a resolution designating this area as an Urban Development Area for purposes of personal property tax abatement. SECTION III. The Common Council requests the City Clerk to submit this Resolution along with the supporting data to the Area Plan Commission for its written order approving or disapproving this Resolution. SECTION IV. The Common Council directs the City Clerk, upon the receipt of the report of the Area Plan Commission to cause notice of the adoption of this Resolution to be published. Said publication shall provide notice of the public hearing before the Common Council of said declaration. SECTION IV. This Resolution shall be in full force and effect rom and after its adoption by the Common Council and approval by the Mayor. s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Council Member Voorde indicated this resolution was considered in Committee and was given a favorable recommendati He indicated this was the first property tax abatement petition filed, and it is for South Bend Toy. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote eight ayes. r- REGULAR MEETING MARCH 15 1982 RESOLUTION NO. 948 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ENCOURAGING THE SITE SELECTION COMMITTEE OF THE INDIANA ASSOCIATION OF CITIES AND TOWNS TO SELECT SOUTH BEND, INDIANA FOR ITS 1984 ANNUAL CONVENTION WHEREAS, the Indiana Association of Cities and Towns (IACT) has served the units of local government over the past several years; and WHEREAS, the Common Council of the City of South Bend as well as the City Administrat has benefited from the many conferences and bulletins which IACT has sponsored and developed dealing with such topics as taxation and finance, labor and personnel, utilities, planning and zoning, streets and transportation, public safety, and economic development and redevelopment; and WHEREAS, the Site Selection Committee is presently in the process of considering a location for its 1984 Annual Convention; and WHEREAS, the Common Council of the City of South Bend, Indiana, encourages this Committee to select South Bend for the 1984 convention; and WHEREAS, the Council believes that the City can provide top quality conference and meeting rooms in our Century Center which is conveniently located to several downtown motels and hotels as well as nearby restaurants. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. The Common Council of the City of South Bend, Indiana, encourages the Site Selection Committee of the Indiana Association of Cities and Towns to select south Bend for its 1984 convention. SECTTON II. The Common Council believes that South Bend can provide a very interesting location for the convention, and has the needed number of top quality hotel rooms, restaurants, conference and meeting rooms; and interesting things to see and do. SECTION III. The Common Council directs the City Clerk to send a copy of this Resolution to IACT;s Executive Dirctor, Michael Quinn and the Site Selection Committee. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Council President McGann indicated this purpose of this resolution was to encourage the Site Selection Committee to choose South Bend for the IACT Convention in September of 1984. He indicated the resolution would be sent to the Executive Director and the Committee. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of eight ayes. BILLS. FIRST READING BILL NO. 24 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST /WEST ALLEY IN THE BLOCK BOUNDED BY MIAMI ST., ON THE EAST; EWING AVE., ON THE SOUTH; FOX STREET ON THE NORTH; AND THE FIRST NORTH /SOUTH ALLEY WEST OF MIAMI STREET ON THE WEST. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading March 22, 1982, seconded by Council Member Taylor. The motion carried. BILL NO. 25 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH /SOUTH ALLEY BOUNDED BY MISHAWAKA AVE., ON THE NORTH, 21ST STREET ON THE EAST, 20TH STREET ON THE WEST, AND THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVE., ON THE SOUTH. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading March 22, 1981, and refer it to the Residential Neighborhood Committee, seconded by Council Member Dombrowski. The motion carried. BILL NO. 26 -82 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (IRONWOOD RD.) This bill had first reading. Council Member Voorde made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. on REGULAR MEETING MARCH 15, 1982 BILL NO. 27 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 7, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY KNOWN AS BUDGETARY PROCEDURES. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading March 22, 1982, seconded by Council Member Dombrowski. The motion carried. BILL NO. 28 -82 A BILL APPROPRIATING $11,000 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE 1982 SUMMER ENVIRONMENTAL CLEAN -UP PROGRAM. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading March 22, 1982, seconded by Council Member Dombrowski. The motion carried. BILL NO. 29 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PARTS OF CHAPTER 6, ARTICLE 1, SECTION 6 -4 PERMIT FEES, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading March 22, 1982, seconded by Council Member Crone. The motion carried. UNFINISHED BUSINESS Council Member Beck made a motion to set the inducement resolution for Best Products March 22, 1982, seconded by Council Member Taylor. The motion carried. PRIVILEGE OF THE FLOOR Dominic DaCasta, 754 N. Cottage Grove, discussed the proposed Studebaker Museum. John Gleva, 5039 W. Packard, spoke regarding the proposed Studebaker Museum. Mike McFarland, spoke regarding School Board appointments. There being no further business to come before the Council, unfinished or new, Coun- cil Member Dombrowski made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 8:45 p.m. ATTEST: APPRO D: City 'Clerk reside