Loading...
HomeMy WebLinkAbout11-08-93 Counicl Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, November 8, 1993, 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, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Ladewski Absent: None SPECIAL BUSINESS Council President Luecke announced that the next meeting will be held on November 29. He also announced there will be meetings on the solid waste proposal on Tuesday November 16 at Washington High School 6:30 to 8:30 p.m., and November 18 at Jefferson School, 7:00 to 9:00 p.m. REPORTS OF CITY OFFICES James Riggs, Economic Development Specialist, gave a slide presentation and report on the Airport 2010 Project. Council Member Duda 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 November 8, at 7:20 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 76 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 802 N. OLIVE 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 Vacation Committee had met on this bill and had no recommendation. John Byorni, Area Plan, reported this proposed rezoning was to allow for a three unit apartment building. He indicated the Commission sent this to the Council with an unfavorable recommendation. Calvin Murdock, 1636 Florence, made the presentation for the bill. He indicated this building has been completely refurbished. He indicated currently the home is zoned "C ", and is a non - conforming use, and they were asking for "B" zoning. He indicated the new zoning would allow for them to add another apartment in the basement and have separate electric meters for all three apartments. Helen Janowski, 757 N. Elmer, indicated this home was built for a single family and it was not appropriate for a three family dwelling. She indicated there was already two families and five children in the home and there is no place for the children to play. Lori Williams, 810 N. Olive, indicated the backyard where the children play is used for parking and there is no place for them to play. She indicated there was already seven people living in a two bedroom apartment. After Council discussion a motion was made by Council Member Coleman to continue this bill until November 29, seconded by Council Member Duda. The motion carried on a roll call vote of six ayes land three nays (Council Members Slavinskas, Zakrzewski and Ladewski.) BILL NO. 77 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF NORTH MAPLE ROAD IN THE CITY OF SOUTH BEND, INDIANA 46628. 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 Vacation Committee had met on this bill and recommended it favorable to the Council. John Byorni, Area Plan, reported this proposed rezoning from "A" to "C" commercial was in keeping with the surrounding area, and received a favorable recommendation from the Commission. Mike Danch, Peirce & Associates, made the presentation for the bill. He indicated the petitioners planned to construct a funeral home. He indicated this site is located between Cleveland and Portage. He indicated the final site plan would also have to be approved by Economic Development. He indicated the cost would be in excess of $1,000,000. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 78 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 200 BLOCK OF WEST IRELAND ROAD (SOUTHWEST CORNER OF IRELAND & SOUTH MAIN 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 Vacation Committee had met on this bill and recommended it favorable to the Council. John Byorni, Area Plan, reported this proposed rezoning from "A" to "D" light industrial in order to build a bakery, retail stores and warehousing, received a favorable recommendation from the Commission. Mike Danch, Peirce & Associates, made the presentation for the bill. He indicated the petitioners planned to construct a bakery, retail stores and warehousing in two phases. He indicated phase one would be for a bakery store, and in the future they will probably add a bakery and warehousing to the site. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. 79 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3303 PORTAGE AVE., 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 Vacation Committee had met on this bill and recommended it favorable to the Council. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. John Byorni, Area Plan, reported this proposed rezoning would not adversely effect the surrounding area, and it was recommended favorably by the Commission. Tim McCollough, a representative of the petitioner, made the presentation for the bill. He indicated they planned to construct additional mini - warehouses at this location. Council Member Luecke recommended screening be put on the north side of this property. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 80 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1145 PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA 46613. 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 Vacation Committee had met on this bill and recommended it favorable to the Council. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Washington. The motion carried. John Byorni, Area Plan, reported this proposed rezoning from "F" to "E" heavy industrial to allow access to their property which is zoned "E." Cary Levin, a representative of Sturgis Iron & Metal, made the presentation for the bill. He indicated they were going to purchase this property contingent upon the rezoning. He indicated they have a security problem and they do not have enough space under roof to protect their material, and with this property they will be able to add storage space to their facility. Tony Davey, 1237 Pyle, spoke in favor of this zoning. Mark Troyer, 1401 W. Indiana, spoke against the zoning because of the noise coming from this operation. Don Nowicki, 2211 W. William, President of the Rum Village Association, spoke against this zoning. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Washington. The motion carried. BILL NO. 91 -93 A BILL MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 8396 -93 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1994 AND 1995. Council Member Puzzello reported that the Personnel & Finance Committee met on this bill and recommended it to the Council favorable. Council Member Luecke made a motion to continue public hearing on this bill until November 29, seconded by Council Member Coleman. The motion carried. BILL NO. 92 -93 A BILL MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 8397 -93 AND ORDINANCE NO. 8398 -93 FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 1994, 1995 AND 1996. 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 Personnel and Finance Committee had met on this bill and recommended 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 Washington. The motion carried. Kathleen Cekanski Farrand, Council attorney, made the presentation for the bill. She indicated this bill makes technical corrections to Ordinance No. 8397 -93 and 8398 -93. She indicated the firefighters ratified the wage package offered by the City. She indicated the proposal is within the City guidelines. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Kelly. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Washington. The motion carried. ATTEST: ATTEST: City Clerk rhnirman REGULAR MEETING RECONVENED Be it remembered that the Common Council of 46/city of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:44 p.m. Council President Luecke presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8428 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF NORTH MAPLE ROAD IN THE CITY OF SOUTH BEND, INDIANA 46628. This bill had third reading. Council Member Slavinskas made a motion to pass this bill, seconded by Council Member Zakrzewski. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8429 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 200 BLOCK OF WEST IRELAND ROAD (SOUTHWEST CORNER OF IRELAND & SOUTH MAIN STREET) IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Slavinskas made a motion to pass this bill, seconded by Council Member Washington. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8430 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3303 PORTAGE AVE., 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 Zakrzewski. The motion carried. Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8431 -93 AN ORDINANCE ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1145 PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA 46613. 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 Washington. The motion carried. Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8432 -93 AN ORDINANCE MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 8397 -93 AND ORDINANCE NO. 8398 -93 FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 1994, 1995 AND 1996. 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 Washington. The motion carried. Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The motion carried on a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2082-93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR 1994 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for Community Development Block Grant Funds under Title I of the Housing and Community Development Act of 1974, as amended. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to submit the 1994 Community Development Block Grant Application to the United States Government under Title I of the Housing and Community Development Act of 1974, as amended, and take all other necessary actions to secure funds. SECTION II. That the Common Council of the City of South Bend, Indiana hereby requests that the Mayor submit the 1994 Community Development Block Grant Council for review and comment prior to the date upon which Application to the Common the Community Development Block Grant Application must be filed with the Department of Housing and Urban Development. SECTION III. That for every activity, project or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Community Development Block Grant Funds received upon approval of this application. SECTION IV. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Elizabeth Leonard, Director of Financial and Program Management, made the presentation for the resolution. She indicated this resolution will allow the City to submit an EGULAR 7 -- E IN OVEMRER 8;:_ 1J9 .. application for block grant funds. She indicated the final statement had been filed, and lists the projects the amounts for 1994. Deborah Cataldo, Legal Services, spoke in favor of this resolution. Council Member Coleman 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. 2083 -93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR SECTION 108 LOAN GUARANTEE FUNDS FOR THE SOUTH BEND HOUSING REHABILITATION INITIATIVE UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for Section 108 Loan Guarantee Funds under Title I of the Housing and Community Development Act of 1974 as amended. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana as follows: SECTION i. That the Mayor of the City of South Bend, Indiana is hereby authorized to submit an application for Section 108 Loan Guarantee Funds for the south Bend Housing Rehabilitation initiative, to the United States Government under Title I of the Housing and Community Development Act of 1974, as amended, and take all other necessary actions to secure funds. SECTION II. That the Common Council of the City of South Bend, Indiana hereby requests that the Mayor submit the Application for Section 108 Loan Guarantee Funds for the South Bend Housing Rehabilitation initiative to the Common Council for review and comment prior to the date upon which the Section 108 Loan Guarantee Funds Application must be filed with the Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Section 108 Loan Guarantee funds received upon approval of this application. SECTION IV. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Elizabeth Leonard, Director of Financial and Program Management, made the presentation for the resolution. She indicated this resolution will allow the City to submit an application for Section 108 Loan Guarantee Funds. She indicated the final statement lists the projects and amounts for the Section 108 funds. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The motion carried on a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 93 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 317 WEST WASHINGTON STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing and third reading on November 29, seconded by Council Member Coleman. The motion carried. BILL NO. 94 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2403 -5 AND 2407 -2409 LINCOLNWAY WEST, 1054 FREMONT STREET AND 1053 NORTH OLIVE STREET, 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. BILL NO. 95 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1512 W. FISHER STREET, 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. BILL NO. 96 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS THROUGHOUT CHAPTER 16 OF THE MUNICIPAL CODE ENTITLED "REFUSE ". This bill had first reading. Council Member Coleman made a motion to refer this bill to the Utilities Committee and set it for public hearing and third reading on November 29, seconded by Council Member Duda. The motion carried. BILL NO. 97 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A LEASE FOR CERTAIN PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION. This bill had first reading. Council Member Kelly made a motion to refer this bill to the Economic Development Committee and set it for public hearing and third reading on November 29, seconded by Council Member Washington. The motion carried. BILL NO. 98 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING NINETY -NINE THOUSAND TWO HUNDRED DOLLARS ($99,200.00) FROM THE CITY OF SOUTH BEND 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 November 29, seconded by Council Member Duda. The motion carried. BILL NO. 99 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1994, AND ENDING DECEMBER 31, 1994, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Duda made a motion to refer this bill to the Personnel and Finance and Utilities Committees and set it for public hearing and third reading on November 29, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 100 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $66,060.00 FROM THE EMERGENCY MEDICAL SERVICES (E.M.S.) CAPITAL IMPROVEMENT FUND (FUND #288). This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on November 29, seconded by Council Member Coleman. The motion carried. BILL NO. 101 -93 A BILL APPROPRIATING $3,428,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1994, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Economic Development Committee and set it for public hearing and third reading on November 29, seconded by Council Member Duda. The motion carried. BILL NO. 102 -93 A BILL APPROPRIATING $346,858 WITHIN ACCOUNTS WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DIVISION OF REDEVELOPMENT AND TO BUY -OUT THE REMAINING CDBG- FUNDED LOANS FROM THE BUSINESS DEVELOPMENT CORPORATION OF ST. JOSEPH COUNTY. This bill had first reading. Council Member Kelly made a motion to refer this bill to the Economic Development Committee and set it for public hearing and third reading on November 29, seconded by Council Member Puzzello. The motion carried. BILL NO. 103 -93 A BILL APPROPRIATING $1,050,000 OF SECTION 108 LOAN FUNDS, PLUS INTEREST EARNED THEREON, FOR USE IN THE SOUTH BEND HOUSING REHABILITATION INITIATIVE. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Economic Development Committee and set it for public hearing and third reading on November 29, seconded by Council Member Coleman. The motion carried. BILL NO. 104 -93 A BILL APPROPRIATING $366,237 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Economic Development Committee and set it for public hearing and third reading on November 29, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 105 -93 A BILL TRANSFERRING $10,500 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Kelly made a motion to refer this bill to the Economic Development Committee and set it for public hearing and third reading on November 29, seconded by Council Member Washington. The motion carried. BILL NO. 106 -93 A BILL TRANSFERRING $45,000 WITHIN ACCOUNTS WITHIN THE U.D.A.G FUND OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF FUNDING NEIGHBORHOOD YOUTH DEVELOPMENT INITIATIVE AND NEIGHBORHOOD PLANNING FORUM WITHIN THE COMMUNITY. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to the Economic Development Committee and set it for public hearing and third reading on November 29, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Fred Rice, 26048 Grant Rd., spoke regarding Code Enforcement. 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 Zakrzewski. The motion carried and the meeting was adjourned at 9:10 p.m. ty Cle ATTEST: