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HomeMy WebLinkAbout08-30-82 Council Meeting MinutesREGULAR MEETING REGULAR MEETING AUGUST 30, 1982 AUGUST 30, 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, August 30, 1982, at 5:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Serge, Szymkowiak Beck, Taylor, Zielinski, Crone, Dombrowski, Voorde and McGann Absent: None REPORTS Council Member Voorde indicated that the Human Resources Committee had met on all three resolutions on the agenda, and recommended them favorable. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Zielinski. 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 Monday, August 30, 1982, at 5:03 p.m., with nine members present. Chairman Voorde presiding. Council Membe=r McGann made-a motion to combine-public hearing on bill ,nos. 90 and 91 -82, seconded by Council Member Taylor. The motion carried. BILL NO. 90 -82 BILL NO. 91 -82 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1983 AND ENDING DECEMBER 31, 1983, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1983. 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, asked that Bill No. 90 -82 be heard in an amended form. He presented a list of amendment that dealt with appropriation increases, omissions, and typographical errors in the proposed budget. Council Member Crone made a motion to accept the amendments, seconded by Council Member Taylor. The motion carried. Mr. Kernan indicated that it was the feeling of the Administration that the cuts proposed by the Personnel & Finance Committee are excessive. He indicated they were requesting that the Council pass the 1983 budget as proposed by the Administration. Thomas Kellogg, South Bend Police Officer, presented a list of questions regarding the moving of the radio equipment to the City jail site. Council Member Crone indicated that the Personnel & Finance Committe had spent many hours with the department heads and the Administration working on this budget. She indicated it was unfortunate this years budget review process was clouded. Council Member McGann made a motion to accept the recommendations on file with the City Clerk of the Personnel & Finance Committee, seconded by Council Member Szymkowiak. The motion failed on a roll call vote of four ayes (Council Member Szymkowiak, Crone, Voorde and McGann) and five nays. Council Member Beck made a motion that bill nos. 90 and 91 -82 be amended in accordance with changes presented to the City Clerk, seconded by Council Member Taylor. Council Member Crone made a motion to recess, seconded by Council Member McGann. She amended her motion to recess for how ever long it takes to review the amendments presented by Council Member Beck, seconded by Council Member McGann. The motion failed on a roll call vote of four ayes and five nays (Council Members Serge, Beck, Taylor, Zielinski and Harris.) Council Member Beck made a motion to recommend these bills favorable, as amended, seconded by Council Member Taylor. (As a point of order, this motion could not be voted on because of a motion on the floor that had not been voted on.) Council Member McGann discussed the freezing of Council salaries. He indicated he would like to see the Council set an belt - tightening example. Council Member Crone made a motion that line item 151 in the Fire Department budget be reduced by $40,000, seconded by Council Member Szymkowiak. Because of a standing motion, she withdrew her motion. The motion to accept the amendments passed on a roll call vote of five ayes and four nays (Council Members Szymkowiak, Crone, Voorde and McGann.) Council Member Crone made a motion that line item 151 in the Fire Department budget be reduced by $40,000 and line item 110 in the Council's budget be reduced by $4,500, seconded by Council Member McGann. The motion failed on a roll call vote of four ayes and five nays (Council Members Serge, Beck, Taylor, Zielinski and Harris. Council Member Taylor made a motion to recommend Bill No. 90 -82 and 91 -82, as amended, to the Council favorable, seconded by Council Member Beck. The motion carried on a roll call vote of five ayes and four nays (Council members Szymkowiak, Crone, Voorde and McGann.) Council Member Taylor made a motion to amend Bill No. 91 -82, as on file with the City Clerk, seconded by Council Member Beck. The motion passed on a roll call vote of five ayes and four nays (Council Members Szymkowiak, Crone, Vo de and McGann.) t, �` 3 REGULAR MEETING AUGUST 30, 1982 REGULAR MEETING RECONVENED 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 5:45 p.m. Council President McGann presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 7094 -82 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1983 AND ENDING DECEMBER 31, 1983, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Beck 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 Beck made a motion to pass this bill as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of five ayes and four nays (Council Members Szymkowiak, Crone, Voorde and McGann.) ORDINANCE NO. 7096 -82 AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1983. This bill had second reading. Council Member Beck 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 Beck made a motion to pass this bill as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of five ayes and four nays (Council Members Szymkowiak, Crone, Voorde and McGann.) RESOLUTIONS RESOLUTION NO. 985 -82 A RESOLUTION DECLARING THE GENERAL ATTITUDES AND INTENTIONS OF THE COMMON COUNCIL AND THE REDEVELOPMENT COMMISSION OF THE CITY OF SOUTH BEND RELATING TO THE GRANTING OF TAX ABATEMENT AND THE DESIGNATION OF AN ABATEMENT IMPOACT AREA. WHEREAS, the City Council and Redevelopment Commissioners recognize that there are certain areas within the City which are blighted and non - productive with regard to their contribution to this community's tax base and employment opportunities; and WHEREAS, the Council and Redevelopment Commission have pledged to consider the granting of tax abatement to any property owners within those areas proposing a development which meets the goals and objectives of the Council and Commission. The Council and Commislsion shall not favorably consider projects which do not contribute to the public utility or poublic benefit of the area. WHEREAS, the Council and Redevelopment Commission find that an additional area meets the above criteria; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the city of South Bend: SECTION I. That the area currently recognized as Phase IV and V in the Airport Industrial Park, a map and legal description of which are attached as Exhibit A and B and are incorporated fully herein, shall be designated as a tax abatement impact area. SECTION II. That any property owner wishing to secure tax abatement within these areas shall file the proper petition with the City Clerk. All such petitions shall be reviewed by the Common Council and Redevelopment Commission in cornformity with statutes and ordinances in effect at the time of filing. SECTION III. That his Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor, until October 1, 1987, at which time the Common Council and redevelopment Commission shall review the appropriateness of this declaration. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Jon Hunt, Director of Redevelopment, indicated this resolution would designate Phases 4 and 5 of the Airport Industrial Park as a tax abatement impact area. He indicated this would provide the Industrial Foundation, with a more effective and powerful development incentive. Howard Bessire, executive director of the Airport Industrial Foundation, indicated that their application asked that the entire park be designated a tax abatement area. He asked that the vacant property in Phase 3 be included. Council Member Voorde made a motion to accept the substitute resolution on file with the City Clerk, seconded by Council Member Harris. The motion carried. Patrick McMahon, Director of Project Future, spoke in favor of this resolution. Kathy Cekanski, Council Attorney, indicated that the resolution should be amended in Section II, be adding a comma after Mayor. Council Member Zielinski made a motion to amend, seconded by Council Member Serge. The motion carried. Council Member Serge made a motion to adopt the resolution, as amended, seconded byCouncil Member Zielinski. The resolution was adopted by a roll call vote of nine ayes. Aq REGULAR MEETING AUGUST 30, 1982 I } RESOLUTION NO. 986 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING THE WESTER END OF CALVERT STREET 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 (Common Address) South Bend, 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 property in St. Joseph County, Indiana, Section 16, Township 37 North, Range 2 East including the east one -half of the northeast one - quarter of the southwest one - quarter of Section 16 and the north one -half of the southeast one - quarter of Section 16. EXCEPTING therefrom a certain tract of land described as beginning at the northeast corner of the southwest quarter of said Section 16; thence south 33 feet, thence west 16 feet; thence south parallel with the east line of said Section 16 367 feet, thence west parallel with the centerline of said Section 16, to the east line of the right -of -way of the New Jersey, Indiana and Illinois Railroad Company as the same has been and is now located; thence northeasterly along the easterly line of said right -of -way to the east and west centerline of said Section 16; thence along said centerline of said Section 16 to the east line thereof and the place of beginning containing 27.017 acres, more or less, and conveyed to the New Jersey, Indiana and Illinois Railroad Company by deeds recorded respectively in Deed Record 164, Page 40 and Deed Record 193, page 191, of the records of St. Joseph County, Indiana; AND ALSO EXCEPTING thereform the right -of -way of the New Jersey, Indiana and Illinois Railroad Companmy and the PennCentral Railroad, now known as Conrail. Subject to all legal highways, the total parcel containing 70 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 reviewed 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 deduction 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 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 from and after its adoption by the Common Council and approval by the Mayor. S/ John J. Harris, Jr. Member of the Common Council Q341 REGULAR MEETING AUGUST 30, 1982 RESOLUTION NO. 987 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS THE WESTERN END OF CALVERT STREET AS AN URBAN DEVELOPMENT AREA FOR THE PURPOSES OF TAX ABATEMENT CONSIDERATION. WHEREAS, petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend pursuant to Section 2 -76(a) of the Municipal Code requesting that the area commonly known as western end of Calvert Street. WHEREAS, the legal description of the facility in which the real prperty is to be located, is described by a line drawn as follows: A parcel of property in St. Joseph County, Indiana, Section 16, Township 37 North, Range 2 East including the east one -half of the northeast one - quarter of the southwest one - quarter of Section 16 and the north one -half of the southeast one - quarter of Section 16. EXCEPTING therefrom a certain tract of land described as beginning at the northeast corner of the southwest quarter of said Section 16; thence south 33 feet, thence west 16 feet; thence south parallel with the east line of said Section 16 367 feet, thence west parallel with the centerline of said Section 16, to the east line of the right -of -way of the New Jersey, Indiana and Illinois Railroad Company as the same has been and is now located; thence northeasterly along the easterly line of said right -of -way to the east and west centerline of said Section 16; thence along said centerline of said Section 16 to the east line thereof and the place of beginning containing 27.017 acres, more or less, and conveyed to the New Jersey, Indiana and Illinois Railroad Company by deeds recorded respectively in.Deed Record 164, Page 40 and Deed Record 193, page 191, of the records of St. Joseph County, Indiana; AND ALSO EXCEPTING thereform the right -of -way of the New Jersey, Indiana and Illinois Railroad Company and the PennCentral Railroad, now known as Conrail. Subject to all legal highways, the total parcel containing 70 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 the area qualified as an Urban Development Area under Indiana Code 6- 1.1- 12.1 -1 and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in question; 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 Urban Development 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 Urban Development Area, and that the real property to be located at such location is entitled to a deduction from the assed value of the buildings and improvements for a period of ten (10) years. SECTION II. The Common Council hereby adopts a resolutin designating this area as an Urban Development Area for purposes of real property tax abatement. SECTION III. The Common Council directs the City Clerk, upon the receipt of the report of the Area Plan Commission to cause notice f 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 from and after its adoption by the Common Council and approval by the Mayor. /s/ John J. Harris, Jr. Member of the Common Council A public hearing was held on the resolutions at this time. John Hunt, Director of Redevelopment, indicated this tax abatement was for the New Energy Plant. He indicated that tax abatement was given this property, however, because of the ordinance requirement that a building permit must be issued within a year, it was necessary to petition for it again. Council Member Szymkowiak made a motion made a motion to adopt Resolution No. 986 -82, seconded by Council Member Voorde. The resolution passed by a roll call vote of nine ayes. Council Member Voorde made a motion to pass Resolution No. 987 -82, seconded by Council Member Zielinski. The resolution passed by a roll call vote of nine ayes. REGULAR MEETING AUGUST 30, 1982 BILLS, FIRST READING BILL NO. 100 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY WEST OF MICHIGAN STREET RUNNING NORTH FROM THE NORTH RIGHT -OF -WAY OF THE 1ST EAST -WEST ALLEY NORTH OF MADISON STREET FOR A DISTANCE OF 132' MORE OR LESS TO THE PROJECTED RIGHT -OF -WAY LINE OF THE MICHIGAN -MAIN CONNECTOR ADJACENT TO LOTS 166, 167 AND LOTS 158, 159 OF THE ORIGINAL PLAT OF SOUTH BEND. ALSO, THE 1ST EAST -WEST ALLEY NORTH OF MADISON STREET RUNNING WEST FROM A POINT 6' WEST OF THE 1ST NORTH -SOUTH ALLEY WEST OF MICHIGAN STREET TO THE EAST RIGHT -OF -WAY LINE OF THE MICHIGAN -MAIN CONNECTOR ADJACENT TO LOTS 165 AND 166 OF THE ORIGINAL PLAT OF SOUTH BEND. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading September 13, 1982, seconded by Council Member Serge. The motion carried. ORDINANCE NO. 7096 -82 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENABLING THE CITY TO EXCERCISE ALL POWERS GRANTED TO IT BY HOME RULE LEGISLATION. This bill had first reading. Council Member Taylor made a motion to suspend the rules and have public hearing and second reading on the bill, seconded by Council Member Zielinski. The motion carried on a roll call vote of nine ayes. This bill had second reading. Council Member made a motion to pass this bill, seconded by Council Member The bill passed by a roll call vote of nine ayes. Kathy Cekanski- Farrand, Council Attorney, made the presentation for the bill. She indicated this bill would in effect allow the City to continue its present procedures which it has been using with regard Youth Service Bureau, promotional expenses, memberships in associations and City executive departments, repealed under Home Rule Legislation. Council Member Voorde made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. NEW BUSINESS Council Member Voorde made a motion to set Bill No. 88 -82 for public hearing on September 13, 1982, seconded by Council Member Taylor. The motion carried. Council Member Beck indicated that the Residential Neighborhood Committee would meet at 4:30 on September 7, regarding street and alley vacation for St. Joseph Hospital, and on the 13th rgarding alley vacation for the Penny Saver at 5:30 p.m. 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 Beck. The motion carried and the meeting was adjourned at 6:13 p.m. ATTEST: n City Clerk