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HomeMy WebLinkAbout03-10-97 Council Meeting MinutesREGULAR MEETING MARCH 10,1997 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 10, 1997, 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, Broden, 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 24, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the February 24, 1997, meeting be accepted and placed on file, seconded by Council Member Hosinski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2441 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENCOURAGING THE INDIANA STATE LEGISLATURE TO DEFEAT HOUSE BILL 1412 AND SENATE BILL 326 WHICH WOULD NEGATIVELY IMPACT A MUNICIPALITY'S ABILITY TO ANNEX Whereas, the South Bend Common Council notes that currently there are two measures pending before the Indiana State Legislature addressing a municipality's ability to annex; and Whereas, currently House Bill No. 1412 and Senate Bill No. 326 would impose additional barriers to cities and towns in their efforts to annex; and Whereas, more specifically, House Bill No. 1412 would require the defeat of an annexation if a city or town has a significant outstanding financial liability; and Senate Bill No. 326 would require cities and towns who would annex territory to spend all of the additional tax revenue collected in the newly annexed territory only on these newly annexed areas; and Whereas, the great State of Indiana contains 565 cities and towns and thousand of acres of unincorporated areas which are individually composed of a cross - section of people, backgrounds, incomes, geographic characteristics and other important components which help contribute to each community's pride and heritage; and Whereas, the South Bend Common Council believes that both bills warrant additional study and further believes that they should be tabled or defeated at this time so that additional discussion and meetings of residents of incorporated and unincorporated areas can be held throughout the state in the effort to delicately balance the needs and concerns of all parties; and Whereas, the City of South Bend, Indiana, believes that REGULAR MEETING MARCH 10, 1997 annexation can be a viable and important planning tool which could foster growth and economic development, especially to areas which need municipal water and sewer services to protect fragile environmental resources for our future generations. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. The City of South Bend, Indiana, through its Common Council urges the Indiana State Legislature to table or defeat House Bill No. 1412 and Senate Bill No. 326 which would impose additional barriers to cities and towns in their annexation efforts. Section II. The Common Council calls upon the upon the Indiana State Legislature and Governor Frank O'Bannon to appoint a blue ribbon committee to study the issue of annexation. The Council further urges that a comprehensive written report be filed and made publicly available so that residents of incorporated and unincorporated areas can benefit from such facts and issues on the current annexation laws which are at best inconsistent and hamper meaningful development. Section III. The South Bend Common Council directs the City Clerk to send posthaste a certified copy of this Resolution, upon its adoption, to each of our area's State Senators and State Representatives so that they can more effectively represent our views on this important issue. 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. James Aranowski, Member Charlotte Pfeifer, Member Roland Kelly, Member John Broden, Member ATTEST: Loretta Duda, City Clerk David Varner, Member Andrew Ujdak, Member Sean Coleman, Member John Hosinski, Member Rod Sniadecki, Member Steve Luecke, Mayor Kathleen Cekanski- Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Pfeifer read the resolution. Mayor Luecke commended the Council for bringing this resolution forward. He indicated that even though we are currently burdened with annexation restrictions, the proposed bill in the legislature is unfair. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Hosinski. The motion carried on a roll call vote of nine ayes. CITY REPORTS Kennedy School principal, Jerry Kleinert, introduced six students who told of their learning experiences, as well as fund raising experiences with Pasta for Pennies. Kennedy School has raised the third highest amount of money in the State. Council Member Coleman resolve into the Committee of the Whole, seconded by Council Member Hosinski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South 1 1 REGULAR MEETING MARCH 10, 1997 Bend met in the Committee of the Whole at 7:20 p.m. with nine members present. Chairman Coleman presiding. BILL NO. 2 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2930 W. CLEVELAND ROAD IN 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 Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, gave the Commission and staff reports which were favorable. He indicated that the petitioner was requesting the zoning to allow an existing financial institution a drive thru window and a office building. Kenneth Fedder, attorney for Sobieski, made the presentation for the bill. He indicated the petitioner was requesting the zoning in order that the parcel of land they own would have zoning conformity. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. BILL NO. 5 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE 3500 BLOCK OF E. KELLER STREET, 250 FEET WEST OF HICKORY IN 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 Varner reported that the Zoning and Vacation Committee had met on this bill and recommended it to the j Council favorable. Council Member Hosinski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Sniadecki. The motion carried. John Byorni, Area Plan, gave the Commission and staff reports, which were favorable. He indicated the petitioner was requesting zoning from "A" Residential to "D" Light Industrial to allow for a radio communication tower. Charles Hayes, contingent purchaser, made the presentation for the bill. He indicated he was in the radio antenna tower business, and lease space on the towers. He indicated they are attempting to lay out a grid to accommodate the users and will need a tower every two to three miles. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Broden. The motion carried. BILL NO. 11 -97 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 513 HARRISON AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Council Member Kelly made a motion to continue this bill indefinitely, at the request of the petitioner, seconded by Council Member Broden. The motion carried. BILL NO. 46 -96 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 501 WEST COLFAX AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Council Member Varner made a motion to strike this bill, at the request of the petitioner, seconded by Council Member Broden. The motion carried. BILL NO. 13 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH MAPLE STREET FROM THE SOUTH RIGHT -OF -WAY OF WEST WASHINGTON STREET TO THE NORTH ALLEY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF WEST WASHINGTON REGULAR MEETING MARCH 10, 1997 STREET FOR A DISTANCE OF APPROXIMATELY 144.5 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART LOCATED IN EVAN'S SUB OF B.O.L. 88 AND BAKERS SUB OF B.O.L. 87, 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 Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. The petitioner, John Wigfall, 1126 W. Washington, made the presentation for the bill. He asked that this alley be vacated since it was being used as a dumping ground. He indicated he owned three lots and wanted to fence them, however, he cannot empty lots unless they are contagious with his property. Lena Thompson, 1119 W. Jefferson, indicated there has always been problems with this alley, and she was concerned if this portion was fenced in it would cause more traffic behind her home. She indicated the City had never property graded this alley. Earl Thompson, 1119 W. Jefferson, spoke against this vacation. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Pfeifer. The motion carried. BILL NO. 16 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF EAST MONROE STREET FROM THE WEST RIGHT -OF -WAY LINE OF SOUTH SAINT JOSEPH STREET TO THE EAST LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH SAINT JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN THE TAYLOR FIELD ADDITION IN THE CITY OF SOUTH BEND, SAINT JOSEPH COUNTY, INDIANA Council Member Varner made a motion to continue public hearing and third reading on this bill until March 24, seconded by Council Member Hosinski. The motion carried. BILL NO. 14 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $500,000 FROM THE CITY OF SOUTH BEND GENERAL FUND TO THE COLLEGE FOOTBALL HALL OF FAME OPERATING 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 Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Mayor Luecke made the presentation for the bill. He indicated when the Hall of Fame opened it was not only undercapitalized but it was also understaffed. He reported this is the second appropriation of $500,000, and the NFF will contribute their allotment early this summer. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. Council Member Varner read a letter from Jim Cierzniak, 1156 E. Victoria, urging the Council to vote no on this appropriation. The motion carried. BILL NO. 15 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $15,000.00 FROM INDIANA RIVER RESCUE FUND (FUND #291) FOR THE PURCHASE OF EQUIPMENT 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 Public Safety Committee had met on this bill and recommended it to the Council favorable. Dale Wedel, Battalion Chief, made the presentation for the bill. He indicated this appropriation would be used to purchase a new boat, equipment upgrade and repairs. Council 1 1 REGULAR MEETING MARCH 10, 1997 Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Broden. The motion carried. : AT EST: i ity k Chairman 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 7:18 p.m. Council President Kelly presiding, and nine members present. BILLSf THIRD READING ORDINANCE NO. 8763 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2930 W. CLEVELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8764 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE 3500 BLOCK OF E. KELLER STREET, 250 FEET WEST OF HICKORY IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Varner. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8765 -97 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH- SOUTH ALLEY EAST OF SOUTH MAPLE STREET FROM THE SOUTH RIGHT -OF -WAY OF WEST WASHINGTON STREET TO THE NORTH ALLEY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF WEST WASHINGTON STREET FOR A DISTANCE OF APPROXIMATELY 144.5 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART LOCATED IN EVAN'S SUB OF B.O.L. 88 AND BAKERS SUB OF B.O.L. 87, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8766 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $500,000 FROM THE CITY OF SOUTH BEND GENERAL FUND TO THE COLLEGE FOOTBALL HALL OF FAME OPERATING FUND This bill had third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of eight ayes and one nay (Council Member Varner). REGULAR MEETING MARCH 10, 1997 ORDINANCE NO. 8767 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $15,000.00 FROM INDIANA RIVER RESCUE FUND (FUND #291) FOR THE PURCHASE OF EQUIPMENT This bill had third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2442 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND REGARDING USE OF SURPLUS BOND PROCEEDS AND /OR EARNINGS FROM THE SOUTH BEND CIVIC CENTER BUILDING AUTHORITY BONDS OF 1975 AND REFUNDING BONDS OF 1977 WHEREAS, the Civic Center Building Authority previously issued its 1975 Bonds and 1977 Refunding Bonds (collectively, the Bonds), the proceeds of which were used for the acquisition and construction of the Century Center Civic Center; and WHEREAS, the purpose for which the bonds were issued has been accomplished and completed; and WHEREAS, the bonds have been paid in full; and WHEREAS, a surplus of $11,562.06 exists in the city bond trustee accounts (Funds) from the proceeds and /or investment earnings of the Bonds; and WHEREAS, the City Controller has made certifications regarding surplus monies in the Fund, a copy of which certification is attached hereto; and WHEREAS, the Common Council of the City of South Bend deems it advisable to use said surplus for the repayment of the South Bend Redevelopment Authority Lease Rental Revenue Bonds of 1994 (Century Center Project). NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION as follows: 1. That the determinations set forth in the certifications of the Controller are hereby approved. 2. That the Common Council of the City of South Bend hereby approves the use of said surplus in the Funds for repayment of the South Bend Redevelopment Authority Lease Rental Revenue bonds of 1994 (Century Center Project). 3. This resolution shall be in full force and effect from and upon its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Council Member A public hearing was held on the resolution at this time. Ann Kolata, deputy executive director of Community and Economic Development, made the presentation. She indicated this resolution authorizes the deposit of surplus bond proceeds, plus interest earnings from the 1975 Civic Center Building Authority Bonds and the subsequent Refunding Bonds of 1994 on the Century Center Project. She reported that this surplus amounts to $11,562.06. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of nine ayes. 1 REGULAR MEETING BILLS, FIRST READING MARCH 10, 1997 BILL NO. 17 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE 1600 BLOCK OF N. MAPLEWOOD STREET, 800 FEET NORTH OF LINCOLN WAY AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 18 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 17924 STATE ROAD 23, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Hosinski. The motion carried. BILL NO. 19 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT SOUTH SIDE OF 900 BLOCK OF EAST MADISON STREET, SOUTH BEND, INDIANA, SAINT JOSEPH'S MEDICAL CENTER, INC. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Hosinski. The motion carried. BILL NO. 20 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF EAST MADISON STREET, MORE PARTICULARLY DESCRIBED AS: THE SOUTH 12.5 FEET OF THE ORIGINAL 82.5 FOOT RIGHT -OF -WAY FROM THE EAST RIGHT -OF -WAY OF NORTH NOTRE DAME AVENUE TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH NOTRE DAME AVENUE AND SOUTH OF EAST MADISON STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET AND ALSO THE SOUTH 12.5 FEET OF EAST MADISON STREET OF THE ORIGINAL 82.5 FOOT RIGHT -OF- WAY FROM THE EAST RIGHT -OF -WAY OF THE FIRST NORTH - SOUTH ALLEY EAST OF NORTH NOTRE DAME AVENUE AND SOUTH OF EAST MADISON STREET, TO THE WEST RIGHT - OF -WAY OF NORTH FRANCES STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET This bill had first reading. Council Member Pfeifer 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 24, seconded by Council Member Broden. The motion carried. BILL NO. 21 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY This bill had first reading. Council Member Coleman made a motion to refer this bill to the Parks and Recreation Committee and set it for public hearing and third reading on March 24, seconded by Council Member Hosinski. The motion carried. BILL NO. 22 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING FOUR HUNDRED EIGHTY - THREE THOUSAND DOLLARS $483,000 FROM THE GENERAL FUND This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on March 24, seconded by Council Member Hosinski. The motion carried. NEW BUSINESS REGULAR MEETING MARCH 10. 1997 Council Member Varner made a motion that the Rules Committee meet to discuss members of the public giving their name and address when they speak to the Council, seconded by Council Ujdak. There being no further business to come before the Council unfinished or new, Council President Kelly adjourned the meeting at 8:17 p.m. ATTEST- ATTEST: i "yC President 1 1