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HomeMy WebLinkAbout04-28-97 Council Meeting MinutesREGULAR MEETING APRIL 28,1997 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, April 28, 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 April 14, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kell /s/ David Varner Council Member Coleman made a motion that the minutes of the March 24, 1997, meeting be accepted and placed on file, seconded by Council Member Varner. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2= 156 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SALUTING THE 1996 -1997 UNIVERSITY OF NOTRE DAME WOMEN'S BASKETBALL TEAM IN REACHING THE NCAA FINAL FOUR SEMIFINALS Whereas, the City of South Bend, Indiana, notes that this year the University of Notre Dame will celebrate its 25th anniversary of admitting undergraduate women; and Whereas, the Common Council of the City of South Bend, Indiana, notes that Women's Basketball Coach Muffet McGraw is the all -time winningest coach at the University of Notre Dame with her ten years of coaching representing the longest tenure of any Irish women's basketball coach and has lead the Notre Dame Women's Basketball Team to NCAA Tournament action in 1992, 1994, 1996 and 1997; and Whereas, 1997 represented the second year that the Notre Dame Women's Basketball Team was a member of the Big East Conference which brought forth many new challenges and rigorous team scheduling; and Whereas, 1997 represented the second year that the Notre Dame Women's Basketball Team was a member of the Big East Conference which brought forth many new challenges and rigorous team scheduling; and Whereas, the 1996 -1997 Roster of student athletes and coaches includes; #1 Jeannie Augustin, Captain & Senior from Rochester, Michigan #21 Beth Morgan, Captain & Senior All- American from Bloomington, Indiana #03 Mollie Peirick, Captain & Junior from Eureka, Missouri #33 Rosanne Bohman- Senior from Greensburg, Indiana #45 Diana Braedly- Sophomore from Staten Island, New York #12 Katryna Gaither -All- American & Senior from Mt. Vernon, New York REGULAR MEETING APRIL 28, 1997 #13 Danielle Green - Sophomore from Chicago, Illinois #32 Julie Henderson - Freshman from Ann Arbor, Michigan #42 Kari Hutchinson - Junior from Nine Mile Falls, Washington #23 Niele Ivey - Freshman from St. Louis, Missouri #10 Adrienne Joran- Senior from Columbus, Ohio #20 Sheila McMillen- Sophomore from Rochester, Indiana Head Coach Muffet McGraw Assistant Coach Carol Owens Assistant Coach Kevin McGuff Assistant Coach Letitia Bowen Manager /Player Eric Boehk Manager /Player Christy Grady Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council congratulates and salutes the 1996 -1997 University of Notre Dame Women's Basketball Team in achieving the "most outstanding run in the history of Notre Dame Women's basketball" as it closed this year's season with a 31 -7 record and roared to its first visit to the NCAA Final Four. Section II. The Council congratulates each of the players, coaches, managers of the 1996 - 1997 Notre Dame Women's Basketball Team for their exemplary season and for providing inspirational and academic leadership both on and off the basketball court for people of all ages. Section III. The Common Council hereby declares the week of April 28, 1997 as: "Notre Dame Women's Basketball Week" in South Bend, Indiana as a token of our appreciation support and gratitude and looks forward to the upcoming season which will invigorate Coach Muffet McGraw to reload for another unbelievable season. 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 Kelly read the resolution. Kathleen Cekanski- Farrand, Council attorney, congratulated the team, and gave a brief history of women's sports at Notre Dame. Council Member Kelly presented the team with copies of the resolution, and City of South Bend pins. Council Members congratulated the team. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted. REPORTS OF CITY OFFICES Richard Nussbaum, City Attorney, introduced Lou Nanni, Director of the Homeless Shelter. Mr. Nanni reported that the City of South Bend was one of the sponsors of the Shelter. He noted that 1 1 REGULAR MEETING APRIL 28, 1997 the Shelter has received national recognition as one of the best in the Country. He noted that the shelter serves 3,500 people per day, as well as 545 volunteers, and that 95 communities have come to South Bend to visit and tour the facility. He indicated they had to turn people away daily because they are out of space, especially for women and children. He covered the plans to vacate a portion of Tutt Street and build a walkway to what is now the DeCocker Building, indicating they planned to put all their service facilities in the new area, which will give them more living area. Council Member Hosinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. 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 7:40 p.m. with nine members present. Chairman Coleman presiding. BILL NO. 29 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF LINDSEY STREET FROM THE WEST RIGHT -OF -WAY LINE OF NORTH CUSHING STREET TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH - SOUTH ALLEY WEST OF NORTH CUSHING STREET FOR A DISTANCE OF APPROXIMATELY 128 FEET IN LENGTH AND 14 FEET IN WIDTH. PART LOCATED IN CUSHING & LINDSEY -S SUB, 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. Betsy Rossner, 729 Cushing, indicated she was purchasing this home, and this was a very good neighborhood, however, there is a potential for crime in the alley she wanted to vacate, as evidenced in the miscellaneous drug -user items found in the alley. She reported that the property owner across the alley was in agreement with closing the alley. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 23 -97 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 804 LAFAYETTE BOULEVARD, 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 Vacation Committee had met on this bill and recommended it to the Council favorable. J. Edward Talley, member of the Historic Preservation Commission, made the presentation for the bill. He indicated this was the third James Madison School, and this one was built in 1930. He indicated this building was rated as an S11. David Duvall, director of Historic Preservation, indicated he was prepared to answer any questions for the Council. James Jasiewicz, director of buildings, for School City, read a statement for the School Corporation questioning why one governmental agency would want to limit the decision making process for another agency. They also indicated they were not questioning the merits of this designation, but the potential cost impact, and why Madison was being singled out now, when there are other sites more significant. David Duvall indicated the remonstrance from School City was a surprise, as Mr. Jasiewicz attended the Commission meetings and had not REGULAR MEETING APRIL 28, 1997 transmitted any opposition to the Commission. The Council had a lengthy discussion on the merits of this bill. Council Member Kelly made a motion to continue public hearing on this bill until May 27, seconded by Council Member Varner. The motion carried. BILL NO. 30 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8623 -95 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM SALARIES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR CALENDAR YEARS 1996, 1997 AND 1998 This being the time heretofore set for public hearing on the above proponents and opponents were given an opportunity to be heard. Cathy Roemer, City Controller, made the presentation for the bill. She indicated this amendment to the non - bargaining salary ordinance adds certain positions, deletes some positions that are no longer needed, and adjusts the salaries of certain employee positions. She reported these changes are a result of restricting of the duties within the Department of Administration and Finance. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. BILL NO. 33 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO UPDATE THE BOCA CODE 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 Kelly made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Broden. The motion carried. Kathy Dempsey, Director of Code Enforcement, made the presentation for the bill. She indicated some of the BOCA standards that effect her department have been modified, and it was necessary that we adopt the 1996 BOCA rules. She reported that BOCA updates their standards every three years. Council Member Broden made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. Council Member Broden made a motion to combine public hearing on the next two bills, seconded by Council Member Sniadecki. The motion carried. BILL NO. 34 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE AND SALE OF COUNTY ECONOMIC DEVELOPMENT INCOME TAX REVENUE BONDS OF THE CITY PAYABLE SOLELY FROM COUNTY ECONOMIC DEVELOPMENT INCOME TAX REVENUES TO BE RECEIVED BY THE CITY IN THE PRINCIPAL AMOUNT NOT TO EXCEED ELEVEN MILLION NINE HUNDRED SIXTY THOUSAND AND 00 /100 DOLLARS ($11,960,000.00) FOR THE PURPOSE OF FINANCING COSTS OF A PROPOSED ECONOMIC DEVELOPMENT PROJECT OF THE CITY, TOGETHER WITH EXPENSES IN CONNECTION WITH THE ISSUANCE OF BONDS BILL NO. 35 -97 A BILL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE SALE OF BONDS HERETOFORE AUTHORIZED TO BE ISSUED AND DESIGNATED AS "CITY OF SOUTH BEND, INDIANA, COUNTY ECONOMIC DEVELOPMENT INCOME TAX REVENUE BONDS OF 1997" (TOGETHER WITH INVESTMENT EARNINGS THEREON), FOR THE PURPOSE OF FINANCING COSTS OF ALL OR ANY PORTION OF A PROPOSED ECONOMIC DEVELOPMENT PROJECT OF THE CITY, TOGETHER WITH EXPENSES IN CONNECTION REGULAR MEETING APRIL 28, 1997 WITH THE ISSUANCE OF THE BONDS This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Broden reported the Community and Economic Development Committee had met on these bills, and recommended them to the Council favorable. Ann Kolata, director of Redevelopment, made the presentation for the bills. She reported these bills would approve a $12 million city bond issue to help finance a 540 space parking garage, a public plaza and two new four story buildings; one is to be built by Memorial Health System and the other by Trammel Crow. She indicated the twenty year issue would be paid with the proceeds of the county economic development income tax proceeds. She indicated the parking garage would include 11,000 square feet of retail space on the first floor for retail. She reported that the maximum interest is not to exceed 10 %. Jim Cierzniak, 1156 E. Victoria, indicated he was stunned at the total cost considering what the project was to cost four years ago. He also questioned why the City was requiring retail space. Gene Oakley, 2614 York Rd., spoke against using EDIT money to pay off the bonds. Council Member Hosinski made a motion to recommend bill No. 34 -97 to the Council favorable, seconded by Council Member Sniadecki. The motion carried. Council Member Hosinski made a motion to recommend Bill No. 35 -97 to the Council favorable, seconded by Council Member Sniadecki. The motion carried. Council Member Varner made a motion to rise and report to the Council, seconded by Council Member Hosinski. The motion I arried. A ATTEST: ity 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 9:07 p.m. Council President Kelly presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8775 -97 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST - WEST ALLEY NORTH OF LINDSEY STREET FROM THE WEST RIGHT -OF -WAY LINE OF NORTH CUSHING STREET TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF NORTH CUSHING STREET FOR A DISTANCE OF APPROXIMATELY 128 FEET IN LENGTH AND 14 FEET IN WIDTH. PART LOCATED IN CUSHING & LINDSEY'S SUB, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Varner made a motion to pass this bill, seconded by Council Member Borden. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8776 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8623 -95 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM SALARIES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR CALENDAR YEARS 1996, 1997 REGULAR MEETING AND 1998 This bill had third reading. Council motion to pass this bill, seconded by The bill passed by a roll call vote of APRIL 28, 1997 Member Pfeifer made a Council Member Coleman. nine ayes. ORDINANCE NO. 8777 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO UPDATE THE BOCA CODE This bill had third reading. Council Member Coleman 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 Hosinski made a motion to pass the bill, as amended, seconded by Council Member Sniadecki. The bill passed by a roll call vote of nine ayes. ORDINANCE NO, 8778 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE AND SALE OF COUNTY ECONOMIC DEVELOPMENT INCOME TAX REVENUE BONDS OF THE CITY PAYABLE SOLELY FROM COUNTY ECONOMIC DEVELOPMENT INCOME TAX REVENUES TO BE RECEIVED BY THE CITY IN THE PRINCIPAL AMOUNT NOT TO EXCEED ELEVEN MILLION NINE HUNDRED SIXTY THOUSAND AND 00 /100 DOLLARS ($11,960,000.00) FOR THE PURPOSE OF FINANCING COSTS OF A PROPOSED ECONOMIC DEVELOPMENT PROJECT OF THE CITY, TOGETHER WITH EXPENSES IN CONNECTION WITH THE ISSUANCE OF BONDS This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8779 -97 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE SALE OF BONDS HERETOFORE AUTHORIZED TO BE ISSUED AND DESIGNATED AS "CITY OF SOUTH BEND, INDIANA, COUNTY ECONOMIC DEVELOPMENT INCOME TAX REVENUE BONDS OF 1997" (TOGETHER WITH INVESTMENT EARNINGS THEREON), FOR THE PURPOSE OF FINANCING COSTS OF ALL OR ANY PORTION OF A PROPOSED ECONOMIC DEVELOPMENT PROJECT OF THE CITY, TOGETHER WITH EXPENSES IN CONNECTION WITH THE ISSUANCE OF THE BONDS This bill had third motion to pass this The bill passed by RESOLUTIONS reading. Council Member Coleman made a bill, seconded by Council Member Sniadecki. a roll call vote of nine ayes. RESOLUTION NO. 2467 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5681 W. CLEVELAND TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR CORPORATE SERVICES, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, 1 I-, REGULAR MEETING APRIL 28, 1997 has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5681 West Cleveland Road, South Bend IN, and which is particularly described as follows: Lot #2 Kitkowski's Brick Rd.. Minor Subdivision with said real estate having the following Key No. 25- 1013 -0218 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 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 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. 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 two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Robert Wozney, a representative of Corporate Services, made the presentation for the resolution. He indicated they were building an addition in order to allow them to expand their business to be more competitive in the field. 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. BILLS, FIRST READING BILL NO. 36 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF ST. PAULS COURT FROM THE NORTH RIGHT -OF -WAY OF WEST WASHINGTON STREET TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY NORTH OF WEST WASHINGTON STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART LOCATED IN ROCKAFELLER'S ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner made a motion REGULAR MEETING APRIL 28, 1997 to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on May 12, seconded by Council Member Aranowski. The motion carried. BILL NO. 37 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF NEW ENERGY DRIVE AND S.R. 23 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Hosinski made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on May 12, seconded by Council Member Broden. The motion carried. BILL NO. 38 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CENTRE AND PENN TOWNSHIPS, ST. JOSEPH COUNTY, INDIANA (EMRO /NDCU ANNEXATION) This bill had first reading. Council Member Hosinski made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on May 12, seconded by Council Member Broden. The motion carried. UNFINISHED BUSINESS Council Member Pfeifer made a motion to set Bill Nos. 12 -97, 17- 97, 18 -97, 27 -97, for public hearing and third reading on May 14, and refer them to the Zoning and Annexation Committee, seconded by Council Member Broden. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Kelly adjourned the meeting at 9:20 p.m. ATTEST: 'ty C r ATTEST: President 1 1-�