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HomeMy WebLinkAbout02-13-95 Council Meeting MinutesREGULAR MEETING FEBRUARY 13, 1995 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 13, 1995, at 7:00 P.M. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Washington, Kelly, Slavinskas, Puzzello, Zakrzewski, Coleman, Duda, and Ladewski 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 January 23, 1995 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Lee Slavinskas /s/ Eugene Ladewski Council Member Coleman made a motion that the minutes of the January 23, 1995, meeting be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS BILL NO. 95 -5 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING CONCEPCION NINO AS A CARING AND CONCERNED COMMUNITY LEADER Council Member Luecke made a motion to continue this resolution until February 27, seconded by Council Member Coleman. The motion carried. REPORT OF CITY OFFICES Kathy Dempsey, Director of Code Enforcement, reported that her department's top priority is maintaining the housing stock in the City. She indicated they have developed a working relationship with Real Services, South Bend Heritage, Neighborhood Housing Services, and other other agencies within the community. She indicated she and her inspectors were in the process of becoming certified. Council Member Kelly 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 on at 7:15 p.m., with nine members present. Chairman Washington presiding. BILL NO. 2 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 5 FEET OFF THE SOUTH RIGHT -OF -WAY OF EAST WASHINGTON STREET FROM THE EAST RIGHT - OF -WAY LINE OF SOUTH MICHIGAN STREET TO THE WEST RIGHT -OF -WAY LINE OF SOUTH ST. JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 333.01 FEET 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 Puzzello reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Carl Littrell, Director of Engineering, made the presentation for the bill. He indicated they were requesting this vacation of right -of -way for the Hall of Fame in order to give better control of the exits from the Hall. He indicated there would be no adverse impact from this vacation. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 105 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 128 E. SOUTH STREET, 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 Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, described the surrounding properties, and indicated this proposed zoning had received a favorable recommendation from the Area Plan Commission. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Duda. The motion carried. Paul Cholis, attorney, made the presentation for the bill. He indicated this property was used as an office until a few years ago when it became vacant, and it has now deteriorated. He indicated the petitioner wants to renovate this property into multi - family, and bring it up to code. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas. The motion carried. BILL NO. 106 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1722 E. EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA Council Member Luecke made a motion to continue public hearing on the bill until REGULAR MEETING FEBRUARY 13, 1995 March 13, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 114 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 515 CARROLL STREET, 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 Slavinskas reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, indicated the petitioners were requesting a change from "C" commercial to "B" for a single family residence. He described the surrounding property, and indicated this proposed zoning and received a favorable recommendation from the Area Plan Commission. John Johnson, of Mishawaka, made the presentation for the bill. He indicated he was requesting this zoning in order to use this property as a residence. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 128 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5510 WEST SAMPLE STREET, 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 Slavinskas reported that the Zoning and Annexation Committee had met on this bill and no action was taken. John Byorni, Area Plan, indicated the petitioners were requesting a change from "C" commercial to "D" to allow for warehouse storage buildings. He indicated this had received an unfavorable recommendation from the Area Plan Commission. Robert Richardson, a representative of R/V Consultants, made the presentation for the bill. He indicated the staff of Area Plan gave this rezoning a favorable recommendation. He indicated this bill would rezone the front 160 feet from commercial to light industrial, which is needed to qualify for mini - warehouses. He indicated that they plan to add two buildings containing 80 new units, that at the present time there is a total of 240 storage units and all are occupied. He indicated that in 1987 a zoning was passed there was a stipulation that 160 feet on the north would remain "C" commercial, but there has been no interest in developing this property. He indicated the warehouses do not cause a lot of traffic or noise. William Veldman, 5510 W. Sample, indicated he has met with the neighbors regarding screening, landscaping, fencing across the front and down the side of the property. Patricia Lynch, 23665 Grant, indicated she would like the property to remain as it, but knew that will not happen. She indicated Mr. Veldman has agreed to landscape the area and she and other neighbors feel this zoning would be better than having something like a mini -mall with "C" zoning. Melvin McCallum, 26801 Jackson Rd., spoke favor of this zoning. He indicated he stored his equipment in mini warehouses from time to time. Council Member Zakrzewski asked Mr. Veldman if he would screen the back of the property. He indicated that if it was possible he would consider screening. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried on a roll call vote of five ayes and four nays (Council Members Washington, Puzzello, Slavinskas, Zakrzewski.) BILL NO. 91 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 310 WEST MONROE STREET IN THE CITY OF SOUTH BEND, INDIANA Council Member Coleman made a motion to continue this bill indefinitely, seconded by Council Member Duda. The motion carried. BILL NO. 101 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE BUILDING LOCATED AT 320 WEST JEFFERSON BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA Council Member Slavinskas made a motion to strike this bill, seconded by Council Member Duda. The motion carried. BILL NO. 104 -94 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE BUILDING LOCATED AT 534 LA PORTE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Council Member Slavinskas made a motion to continue this bill indefinitely, seconded by Council Member Puzzello. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Duda. The motion carried. ATTEST: ATTEST: 4 v_�,.e City Clerk Chairman REGULAR MEETING RECONVENED //// jj Be it remembered that the Common Council of the 6ty of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:05 p.m. Council President Ladewski presiding, and nine members present. BILLS, THIRD READING REGULAR MEETING- FEBRUARY 13, 1995 ORDINANCE NO. 8576 -95 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 5 FEET OFF THE SOUTH RIGHT -OF -WAY OF EAST WASHINGTON STREET FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH MICHIGAN STREET TO THE WEST RIGHT -OF -WAY LINE OF SOUTH ST. JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 333.01 FEET This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8577 -95 AN ORDINANCE BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 128 E. SOUTH STREET, IN THE CITY OF SOUTH BEND, INDIANA 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 Duda. The motion carried. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8578 -95 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 515 CARROLL STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORINANCE NO. 8579 -95 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5510 WEST SAMPLE STREET, CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of five ayes and four nays (Council members Washington, Puzzello, Slavinskas and Zakrzewski.) BILLS, FIRST READING BILL NO. 3 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1918 EDISON ROAD 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 Duda. The motion carried. BILL NO. 4 -95 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 339/341 LINCOLNWAY WEST, 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 Duda. The motion carried. BILL NO. 5 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2130 MISHAWAKA AVENUE, 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 Duda. The motion carried. BILL NO. 6 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT LOT 5, JOHN CAROL SECOND MINOR, MAYFLOWER ROAD 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 Duda. The motion carried. BILL NO. 7 -95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1200 BLOCK FELLOWS (EAST SIDE), 500 BLOCK WENGER (SOUTH SIDE), 1200 BLOCK RUSH (WEST SIDE) AND 500 BLOCK PENNSYLVANIA (BOTH SIDES) 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 Duda. The motion carried. BILL NO. 8 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $130,000 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) This bill had first reading. Council Member Coleman made a motion to refer this bill to the Parks Committee, and set it for public hearing and third reading on February 27, seconded by Council Member Duda. The motion carried. BILL NO. 9 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 19 -61 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES" This bill had first reading. Council Member Luecke made a motion to refer this bill to the Parks Committee, and set it for public hearing and third reading on February 27, seconded by Council Member Slavinskas. The motion carried. BILL NO. 10 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000.00) FROM THE GENERAL FUND 306. REGULAR MEETING This bill had first reading. Council Member Coleman to the Personnel & Finance Committee, and set it for on February 27, seconded by Council Member Luecke. BILL NO. 11 -95 A BILL APPROPRIATING $37,000 DEVELOPMENT ADMINISTRATION FOR AREA PLANNING ACTIVITIES FOR TH] 1, 1995 FEBRUARY 13, 1995 made a motion to refer this bill public hearing and third reading The motion carried. RECEIVED FROM THE ECONOMIC ENTERPRISE COMMUNITY GEOGRAPHIC E PROGRAM YEAR BEGINNING JANUARY This bill had first reading. Council Member Luecke made a motion to refer this bill to the Community and Economic Development Committee, and set it for public hearing and third reading on February 27, seconded by Council Member Kelly. The motion carried. BILL NO. 12 -95 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 Committee, and set it for public hearing and third reading on February 27, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Linda Petill, 56121 Birch Road, Osceola; Joyce Boaler, 1606 Hillsdale; Barb Brownell, 1407 Sunnymede; James Cierzniak, 1156 E. Victoria; spoke regarding the comments Council Member Washington made recently at a program on black history. They indicated the comments were racial in nature. Council Member Washington indicated his comments were taken out of context. Joyce Boaler, 1606 Hillsdale and Gene Oakly 2614 York Road; spoke regarding lack of street lighting in Twyckenham Hills. They indicated many Orthodox Jews live in this area, who walk to church services at night and in some areas there are no sidewalks and they must walk in the street, and the dark clothing causes a dangerous situation. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Washington. The motion carried and the meeting was adjourned at 8:38 p.m. ATTEST: ATTRRm- Ci y Clerk