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HomeMy WebLinkAbout02-22-99 Council Meeting MinutesREGULAR MEETING FEBRUARY 22.1999 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, February 22, 1999, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, King, Varner, Ujdak, Coleman, Hosinski and Sniadecki 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 February 8, 1999, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Hosinski made a motion that the minutes of the February 8, 1999, meeting be accepted and placed on file, seconded by Council Member Sniadecki. The motion carried. SPECIAL BUSINESS Council Member Kelly made a motion to reappoint Jerry Wiener to the Historic Preservation Commission, seconded by Council Member Pfeifer. The motion carried. Council Member Hosinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Sniadecki. 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 at 7:03 p.m. with nine members present. Chairman Pfeifer presiding. BILL NO. 8 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1 ST NORTHWEST ALLEY NORTHEAST OF LINCOLNWAY EAST FROM THE NORTH/EAST RIGHT - OF -WAY OF BRONSON STREET TO THE SOUTHEAST RIGHT -OF -WAY OF THE 1ST NORTHEAST ALLEY NORTHWEST OF BRONSON STREET FOR A DISTANCE OF APPROXIMATELY 116.2 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALL LOCATED IN FRANTZ'S ADD., 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. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and sends it to the Council with no recommendation, due to a lack of a quorum. Larry Sehl, 733 E. Bronson, made the presentation for the bill. He advised they wanted to vacate the alley along his property line, in order to use the space for parking. He reported that Bronson is only one -way parking, and they presently use this portion of the alley for parking. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. c REGULAR MEETING FEBRUARY 22, 1999 BILL NO. 94 -98 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE PROVIDING FOR CITY ADOPTION OF COUNTY LANDMARKS UPON CITY ANNEXATION OF AFFECTED LAND 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 Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommend it to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Kelly. The motion carried. Jim Voll, Area Plan, reported that this bill was Council initiated, and provides that it would allow for landmarks in the County to continue that status if the property was annexed into the City. He advised that the Historic Preservation Commission sends this to the Council with a favorable recommendation. John Oxian, president of the Historic Preservation Commission, made the presentation for the bill. He informed the Council that the reason they initiated his bill was to alleviate the problem of having to redesignate County landmarks if they are annexed into the City. Council Member Aranowski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Kelly. The motion carried. BILL NO. 104 -98 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR INTERIM PROTECTION OF PROPOSED LOCAL HISTORIC LANDMARKS PRIOR TO FINAL LANDMARK DESIGNATION AND TO CREATE SUBPARAGRAPH DESIGNATIONS IN SECTION 21- 117.2(d) OF ARTICLE 6.5 OF CHAPTER 21 Council Member Coleman made a motion to continue this bill until March 8, at the request of the petitioner, seconded by Council Member Kelly. The motion carried. BILL NO. 9 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $65,000.00 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) 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 Pfeifer reported that the Parks and Recreation Committee had met on this bill and recommend it to the Council favorable. Bill Carlton, fiscal officer for the Park Department, made the presentation for the bill. He advised that this appropriation would be used for sod for the outfield and to build a children's area along the third base. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 10 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $120,745 FOR THE LEIGHTON PLAZA GARAGE FROM THE PARKING GARAGE FUND 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 Aranowski reported that the Personnel and Finance Committee had met on this bill and recommend it to the Council favorable. Cathy Roemer, city controller, made the presentation for the bill. She reported that appropriation would be used for operation for the Leighton Plaza Garage for ten months. She advised that the garage is scheduled to open on March 1, and will be leased by Ampco Parking. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member King. The motion carried. REGULAR MEETING FEBRUARY 22, 1999 BILL NO. 11 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF 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. Council Member Aranowski reported that the Personnel and Finance Committee had met on this bill and recommend it to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Kelly. The motion carried. Council Member Aranowski made a motion to amend the bill in the Statement of Purpose and Intent by adding Resolution No. 3 -99, seconded by Council Member Coleman. The motion carried. Cathy Roemer, city controller, made the presentation for the bill. She reported that this bill establishes the parking rates for all four garages downtown, the Leighton Plaza is being added. She advised that the Leighton Plaza will not be free the first two hours, the rate will be one ($1) dollar. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. Council Member Kelly made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: City C r REGULAR MEETING RECONVENED ATTEST: �Q 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 Building at 7:15 p.m. Council President Coleman presiding, and nine members present. BILL NO. 8 -99 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1 ST NORTHWEST ALLEY NORTHEAST OF LINCOLNWAY EAST FROM THE NORTHEAST RIGHT -OF -WAY OF BRONSON STREET TO THE SOUTHEAST RIGHT -OF -WAY OF THE 1ST NORTHEAST ALLEY NORTHWEST OF BRONSON STREET FOR A DISTANCE OF APPROXIMATELY 116.2 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALL LOCATED IN FRANTZ'S ADD., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Pfeifer. Council Member Varner indicated this bill should be continued due to a problem concerning the property the petitioners would receive. Council Member Kelly withdrew his motion. Council Member Varner made a motion to continue this bill until March 8, seconded by Council Member Ujdak. The motion carried. ORDINANCE NO. 8981 -99 AN ORDINANCE AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE PROVIDING FOR CITY ADOPTION OF COUNTY LANDMARKS UPON CITY ANNEXATION OF AFFECTED LAND This bill had third reading. Council Member Varner made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Hosinski. The motion carried. Council Member Aranowski made a motion to pass this bill, as amended, seconded by Council Member Hosinski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING FEBRUARY 22, 1999 ORDINANCE NO. 8982 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $65,000.00 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) This bill had third reading. Council Member King made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8983 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $120,745 FOR THE LEIGHTON PLAZA GARAGE FROM THE PARKING GARAGE FUND This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8984 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Hosinski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Varner. The motion carried. Council Member Kelly made a motion to pass this bill, as amended, seconded by Council Member King. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION 99 -8 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1400 RIVERSIDE DRIVE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., INC. Council Member Kelly made a motion to continue this resolution until March 8, at the request of the petitioner, seconded by Council Member Varner. The motion carried. BILLS, FIRST READING BILL NO. 13 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH CHAPIN STREET FROM THE NORTH RIGHT -OF -WAY OF NAPIER STREET TO THE SOUTH RIGHT -OF -WAY OF WEST WAYNE STREET FOR A DISTANCE OF APPROXIMATELY 154 FEET AND A WIDTH OF 10 FEET. ALL TAKEN FROM THE EAST SIDE OF LOTS 11, 12, AND 13 OF HUSTON'S SUB. OF BANK OUTLOT 72, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on March 8, seconded by Council Member Kelly. The motion carried. I I II iII REGULAR MEETING FEBRUARY 22, 1999 BILL NO. 14 -98 A BILL AMENDING ORDINANCE NOS. 8808 -97 AND 8889 -98 ADDRESSING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 1999, 2000, AND 2001 This bill had first reading. Council Member Aranowski made a motion to refer this bill to the Personnel and Finance and Health and Public Safety committees and set it for public hearing and third reading on March 8, seconded by Council Member Kelly. The motion carried. BILL NO. 15 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $24,850.00 FROM THE HAZ -MAT This bill had first reading. Council Member Aranowski made a motion to refer this bill to the Personnel and Finance and Health and Public Safety committees and set it for public hearing and third reading on March 8, seconded by Council Member Kelly. The motion carried. BILL NO. 16 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $21,570.00 FROM THE INDIANA RIVER RESCUE FUND (FUND #291) This bill had first reading. Council Member Hosinski made a motion to refer this bill to the Personnel and Finance and Health and Public Safety committee and set it for public hearing and third reading on March 8, seconded by Council Member Ujdak. The motion carried. UNFINISHED BUSINESS Council Member Hosinski made a motion to refer Bill nos. 2 -99 and 4 -99 to the Zoning and Annexation Committee, and set it for public hearing and third reading on March 8, seconded by Council Member Sniadecki. The motion carried. NEW BUSINESS Council Member Pfeifer announced there would be a Midwest Loitering Conference at IUSB on April 23, from 8:00 a.m. to 11:30 a.m. PRIVILEGE OF THE FLOOR Raymond Wallace, 1230 Miner, A South Bend School Corp. bus driver, and union rep, indicated there were two bus drivers who would speak at this time. Pat Bolinger, 1402 Joyce Dr., indicated she has been a school bus driver for eleven (11) years. She she had written a letter to Code Enforcement regarding her intention to prove they were not in violation of the City Code. She advised that Code Enforcement was issuing the tickets under the nuisance ordinance. She advised there was a serious public relations problem that needs to be addressed. Debra Nyikos, 23206 U.S. 20, a school bus driver, indicated she is saving the School Corp., money by taking her vehicle home, which saves approximately twenty miles of travel a day. She advised that the bus drivers need to be taken seriously as they transport the children that are our future. Raymond Wallace indicated the this problem can be solved. Council Member King indicated he would like to have another meeting with the drivers, a representative of the mayor's office and Code Enforcement. Arlene Demien, 1231 E. Belmont, indicated that when the school buses are at Jefferson School it is an accident waiting to happen. She expressed that Code Enforcement should be making the entire City look good, and they're not. She also indicated that before the City starts a project all of the kinks should be worked out. He advised it took her eight weeks and many, many phone REGULAR MEETING FEBRUARY 22, 1999 calls to finally get a recycling bin, and then she only got a bin because there was an extra bin on a recycling truck that she stopped. Ray Milliken, 25301 Adams Rd., spoke regarding a new water tower for the City. He indicated they first had a site at Adams and the St. Joseph Parkway, however, the tower height had to be reduced because of federal regulations, and now they plan to build it two miles north near the State line. He advised that this location is abundant in deer, hawks, owls, squirrels and even fox. He reported that the Water works officials have said that a new tank is needed in the northwest to accommodate the residential and commercial growth. He advised that he believes the site near Adams and the bypass still was too far north, however, it would be more secure, and we could save four acres of pristine woodland. There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 8:00 p.m. ATTEST: ATTEST: Cit ler President J