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HomeMy WebLinkAbout01-10-94 Council Meeting MinutesREGULAR MEETING JANUARY 10, 1994 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, January 10, 1994, at 7:00 P.M. The meeting was called to order and the Pledge to the Flag was given. Present: Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Ladewski Absent: None Fl;Lo uul To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the January 3, 1994 meeting of the Council and found them correct. (Therefore, we recommend the same be approved. /s /Ann Puzzello /s /Eugene Ladewski Council Member Zakrzewski made a motion that the minutes of the January 3, 1994, meeting of the Council be accepted and placed on file, seconded by Council Member Coleman. The motion carried. (RESOLUTION NO. 2087 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING STEPHEN LUECKE FOR HIS TWO (2) YEARS OF DEDICATED SERVICE AS COUNCIL PRESIDENT. WHEREAS, the South Bend Common Council proudly acknowledges that Stephen Luecke was twice elected Council President and served with distinction in this capacity in calendar years 1992 and 1993; and WHEREAS, during his Council Presidency many difficult and challenging.tasks were successfully tackled including, but no limited to, redistricting, Fire, Police and Teamster Negotiations, City -wide environmental controls, and annexation policies; and WHEREAS, despite the many additional duties and tasks required of him as Council President, he continued to provide quality representation to his home district, the First District , and initiated and guided the passage of many new pieces of local legislation including the loud -party noise ordinance and the drug -house ordinance, and continues to work on improving landlord- tenant regulations; and WHEREAS, the Common Council and the entire City of South Bend have been indeed fortunate to have Steve Luecke in the leadership role of Council President for the past two years. 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 hereby publicly commends and thanks STEVE LUECKE for his two (2) years of dedicated public service as Council President for the Calendar years 1992 and 1993. Section II. The Common Council publicly acknowledges Steve's countless contributions and sincere dedication to pursue goals of strong legislative and administrative cooperation, and to encourage all City employees and City residents to strive to make the City of South Bend the very best that it can be. Section III. In light of the additional time that Council Member Luecke will now have on his hands the Common Council encourages him to complete the task of obtaining new carpeting in the Council offices and recycling the old carpeting to its deserved hereafter!! 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. Stephen Luecke, President Cleo Washington, 2nd District Roland Kelly, 3rd District Ann Puzzello, 4th District Linas Slavinskas, 5th District Thomas Zakrzewski, 6th District Sean Coleman, At Large Loretta Duda, At Large Eugene Ladewski, At Large REGULAR MEETING Irene Gammon, City Clerk Joseph Kernan, Mayor JANUARY 10, 1994 A public hearing was held on the resolution at this time. Council President Puzzello read the resolution. She made a motion to adopt the resolution, seconded by Council Kelly. The resolution was adopted by a roll call vote of nine ayes. Council President Puzzello presented Council Member Luecke with an outgoing president's gavel. Several Council Members expressed their appreciation of Council Member Luecke's service to the City and the Council. Council Member Luecke expressed his thanks. RESOLUTION NO. 94 -2 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING POLICY FOR THE PROVISION OF SERVICES TO ANNEXED AREA (RESERVOIR ANNEXATION). Council Member Coleman made a motion to continue this resolution until the January 24 meeting of the Council, seconded by Council Member Washington. The motion carried. REPORTS OF CITY OFFICES Police Chief Ronald Marciniak and Captain Darrell Gunn gave a report on drug enforcement. Council Members question them regarding the Crack Busters and DARE programs, as well as weapons disposal. They explained that weapons are made inoperable and then melted down. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. 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;47 p.m., with nine members present. Chairman Kelly presiding. BILL NO. 118 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF E. WASHINGTON AVE. FROM THE EAST RIGHT - OF -WAY LINE OF N. FRANCES ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. FRANCES ST. FOR A DISTANCE OF APPROXIMATELY 113 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALLEY LOCATED AT COTTREL'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. Council Member Coleman made a motion to strike this bill at the request of the petitioner, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 119 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED WEST OF IRONWOOD ROAD AND SOUTH OF IRELAND ROAD IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (RESERVOIR ANNEXATION). Council Member Slavinskas made a motion to continue this bill until January 24, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 120 -93 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8436 -93, WHICH AMENDED CHAPTER 16 OF THE MUNICIPAL CODE ENTITLED "REFUSE ". 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 Zakrzewski reported that the Utilities Committee had met on this bill and recommends this to the Council favorable. Jack Dillon, Director of Environmental Services made the presentation. He indicated this bill that some private haulers collected refuse from disadvantaged clients for only a few dollars per month, and asked Council to allow for specialized collection services directly from their clients. He indicated this bill allowed for this type of collection, as well as allowing the City to provide such services; deletes the fee for specialized collection; and makes it lawful for a person or company under permit with the City for specialized collection to collect and dispose of residential refuse. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 121 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 1, SECTION 20 -17 OF THE MUNICIPAL CODE AUTHORIZING INSPECTORS WITH THE DEPARTMENT OF CODE ENFORCEMENT WHO HAVE OBTAINED A SPECIAL COMMISSION TO ENFORCE THE PROVISIONS OF CHAPTER 20. 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 Ladewski reported that the Public Safety Committee had met on this bill and recommends this to the Council favorable. Kathy Dempsey, Director of Code Enforcement made the presentation. She indicated this bill that bill would allow inspectors from The Code Enforcement Department to issue parking citations for violations during snow removal conditions. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council MEETING JANUARY 10, 1994 Ladewski. The motion carried. Member Coleman made a motion to rise and Member Zakrzewski. The motion carried. ATTEST: Zhhairman report to the Council, seconded by Be it remembered that the Common Council of the City of South Bend reconvened in the --ouncil Chambers on the fourth floor of the County -City Building at 7:55 p.m. Council President Puzzello presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8454 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8436 -93, WHICH AMENDED CHAPTER 16 OF THE MUNICIPAL CODE ENTITLED "REFUSE ". This bill had third reading. Council Member Washington 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. 8455 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 1, SECTION 20 -17 OF THE MUNICIPAL CODE AUTHORIZING INSPECTORS WITH THE DEPARTMENT OF CODE ENFORCEMENT WHO HAVE OBTAINED A SPECIAL COMMISSION TO ENFORCE THE PROVISIONS OF CHAPTER 20. This bill had third reading. Council Member Duda made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO.2088 -93 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CORNER OF ELWOOD AND PORTAGE AVENUE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR MARTIN'S REALTY CO. WHEREAS, the Common Council of the City of South Bend, Indiana, 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 corner of Elwood and Portage, South Bend IN, and which is particularly described as follows: A tract or parcel of land in the North West Quarter of Section 2 in Township No. 37 North, Range No. 2 East, being in the City of South Bend, described as follows, viz: Beginning at a point on the South line of Elwood Avenue, which point is 20 feet south and 975 feet east of the northwest corner of the northwest 1/4 of Section 2, Township 37 North, Range 2 East, running thence South 1184.17 feet more or less to the Northerly line of the Chicago, Indiana & Southern Railroad Company's right -of -way; thence Northeasterly along said Northerly line of said Chicago, Indiana & Southern Railroad Company's right -of -way 1063.7 feet to the Southwesterly line of Portage Avenue; thence Northwesterly along said Southwesterly line of Portage Avenue 389.5 feet to the South line of Elwood Avenue; thence west along the south line of Elwood Avenue 363.4 feet to the place of beginning. Excepting therefrom the following described parcel, beginning in the southwesterly line of Portage Avenue in the City of South Bend, at a point south 37 degrees 48 minutes East 197.0 feet from the intersection of the south line of Elwood Avenue with the southwesterly line of said Portage Avenue running thence south 37 degrees 48 minutes east along said southwesterly line of said Portage Avenue, 152.0 feet to a point 39.5 feet, measured at right angles from the northwesterly right -of -way line of the Chicago, Indiana & Southern Railroad; thence south 37 degrees 20 minutes west 103.6 feet on the long chord of a curve to the left, which curve is parallel to and at all points 39.5 feet distant from he said northeasterly right -of -way line of said Chicago, Indiana & Southern Railroad; thence north 37 degrees 48 minutes west 178.65 feet; thence north 52 degrees 12 minutes east 100 feet to the place of beginning. Also excepting therefrom the following described parcel, beginning at the intersection of the westerly line of Portage Avenue and the south line of Elwood Avenue in the City of South Bend, indiana, thence southeasterly along the easterly line of Portage Avenue 112 feet; thence angle southwesterly 90 degrees a distance of 80 feet; thence northwesterly parallel with the westerly line of Portage Avenue, 123.75 feet; thence north 39.57 feet, to the south line of REGULAR MEETING JANUARY 10, 1994 Elwood Avenue, said point being 70.4 feet west of the intersection of said Elwood Avenue and Portage Avenue; thence East along the South line of Elwood Avenue 70.4 feet to the place of beginning. with said real estate having the following Key No. 18 1094 3941 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 seq. 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 /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney, made the presentation for the bill. He indicated the store will be expanded adding 12,000 square feet of space which will allow for an increase in the deli, meat and produce areas. He indicated ten new jobs will be created. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2089 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA, APPROVING A CERTAIN DECLARATORY RESOLUTION AND REDEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION. WHEREAS, the City of South Bend, Indiana, Redevelopment Commission (Commission) has approved and adopted Resolution No. 1207 designating the Sample -Ewing Development Area, declaring the Sample -Ewing Development Area to be blighted, approving a development plan and conditions under which relocation benefits will be made, and establishing an Allocation Area for purposes of tax incremental financing; and WHEREAS, the Commission has submitted said Resolution No. 1207 to the Area Plan Commission of St. Joseph County for approval pursuant to the provisions of Indiana Code 36- 7 -14 -1, et seq., (the Act) which Resolution is attached hereto and made a part hereof; and WHEREAS, the Area Plan Commission of St. Joseph County, at its meeting of December 21, 1993, adopted Resolution No. 118, determining that Resolution No. 1207 and the development plant attached thereto, conform to the Master Plan of Development for the City of South Bend, said Resolution No. 118 constituting the written order of the Area Plan Commission of St. Joseph County under I.C. 36- 7- 14 -16, a copy of which said Resolution No. 118 is attached hereto. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. That Resolution No. 1207, adopted by the South Bend Redevelopment Commission on December 20, 1993, and the development plan attached thereto and incorporated therein, conform to the Master Plan of Development for the City of South Bend. 2. That.Resolution No. 1207 of the South Bend Redevelopment Commission, and the development plan attached thereto and incorporated therein, are in all respects approved, ratified, and confirmed. 3. This Resolution No. 118 of the Area Plan Commission of St. Joseph County shall be and hereby is approved pursuant to I.C. 36- 7 -14 -16 (b). 4. That the City Clerk is hereby directed to file a copy of said Resolution No. 1207 and said Resolution No. 118 with the minutes of this meeting. /s/ Ann Puzzello MEETING JANUARY 10, 1994 Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Economic Development Committee had met on this bill and recommended it to the Council favorable. Ann Kolata, assistant Director of Economic Development, made the presentation for the resolution. She indicated a similar resolution was passed in the spring, however, their was an error in the advertising. She indicated the Redevelopment Commission felt it was necessary to go through the process again. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted on a roll call vote of nine ayes. READING BILL NO. 1 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3602 SOUTH IRONWOOD DRIVE, IN THE CITY OF SOUTH BEND, INDIANA. This bill had had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 2 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2102 IRONWOOD ROAD, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH - SOUTH ALLEY EAST OF N. COTTAGE GROVE AVENUE FROM THE SOUTH LINE OF LOT 1 (KLINGEL'S SUBDIVISION OF HEINTZMAN'S ADDITION) TO THE SOUTH RIGHT - OF -WAY LINE OF W. GRANDVIEW AVENUE FOR A DISTANCE OF APPROXIMATELY 132.8 FT. AND A WIDTH OF APPROXIMATELY 13.86 FT. ALLEY LOCATED IN HEINTZMAN'S ADDITION AND KLINGEL'S SUBDIVISION OF HEINTZMAN'S ADDITION TO THE CITY OF SOUTH BEND. ALSO, WEST GRANDVIEW AVENUE FROM THE EAST RIGHT -OF -WAY LINE OF N. COTTAGE GROVE AVE. TO THE SOUTHWEST RIGHT -OF- WAY LINE OF LINCOLN WAY WEST (U.S.20) FOR A DISTANCE OF APPROXIMATELY 249.7 FT. AND A WIDTH OF APPROXIMATELY 62 FT; PART LOCATED IN HEINTZMAN'S ADDITION AND BANK OUT LOT 130 IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on January 24, seconded by Council Member Coleman. The motion carried. BILL NO. 4 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST - WEST ALLEY NORTH OF LINCOLNWAY WEST FROM THE WEST RIGHT -OF -WAY LINE OF N. OLIVE ST. TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF NORTH OLIVE ST. FOR A DISTANCE OF APPROXIMATELY 120 FEET; THE FIRST NORTH -SOUTH ALLEY WEST OF N. OLIVE ST. FROM THE SOUTH LINE OF THE FIRST EAST -WEST ALLEY NORTH OF LINCOLNWAY WEST, NORTH TO THE SOUTH LINE OF THE FIRST INTERSECTING EAST -WEST ALLEY; AND A PORTION OF FORMER LOTS 38 AND 39 IN OLIVE HEIGHTS ADDITION; ALL MORE PARTICULARLY DESCRIBED IN SECTION I OF THIS ORDINANCE. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on January 24, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion that Bill Nos. 94, 95 and 109 -93 be referred to the Zoning and Vacation Committee and set for public hearing and third reading on January 24, seconded by Council Member Duda. The motion carried. 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 Ladewski. The motion carried and the meeting was adjourned at 8:12 p.m. ATTEST: City