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HomeMy WebLinkAbout10-25-93 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, October 25, 1993, 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 93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP (SHIVELY- DEMAEGT ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is vacant land located in German Township, St. Joseph County, contiguous therewith and generally located east of Mayflower Road, between Brick and Cleveland Roads. The development of the territory proposed to be annexed will require a basic level of municipal public services, which services shall include services of a non - capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite police showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with Federal, State and local laws, procedures, and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This resolution shall be in full force and effect upon its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member, Common Council EXHIBIT A Parcels of land located in the Northwest quarter of Section 21 and the Northeast quarter of Section 21 and the Northeast quarter of Section 21 and the Northeast Quarter of Section 20, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center point of Section 21, thence North along the West line of the Toll Road Industrial Park Subdivision 1325.083 feet; thence West 661.02 feet; thence North 1280 feet; more or less to the centerline of Brick Rd.; thence West 661.02 feet; thence South 530 feet; thence West 138.48 feet, thence South 465 feet, more or less to the south line, extended east, of the Hartman & DeMaegt Subdivision and the High Meadows Estates Subdivision; thence West along the south line of Hartman and DeMaegt Subdivision and High Meadows Estates Subdivision to the Southwest corner of Lot 35 of High Meadows Estates Subdivision thence North along the west line of said subdivision to a point 750 feet south of the centerline of Brick Road; thence West parallel with the centerline of brick Road 420 feet; more or less thence North parallel with the west line of said subdivision 750 feet to the centerline of Brick Road; thence West along the centerline of Brick Road to the centerline of Mayflower Road; thence South 1308 feet, thence Southeast 74.74 feet; thence East by Southeast 2757 feet along the North right -of -way line of Cleveland Rd. Extension; thence North 669.74 feet; thence East 561.72 feet; thence South 795.17 feet to the North right - of -way line of Cleveland Rd. Extension; thence Southeasterly 1630.36 feet along the North right -of -way line of Cleveland Rd. Extension; thence East 180 feet to the center point of Section 21, being the point of beginning and containing approximately 140.9 acres. A public hearing was held on the resolution at this time. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable, as amended. Larry Magliozzi, Economic Development Specialist, made the presentation for the resolution. He indicated this substitute resolution included the balance of Marilyn Brown's land in the area of the proposed annexation, as well as the property of another land owner who requested annexation. He indicated the additional property still met the guidelines of the annexation plan. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Richard Sheehan, 51270 Mayflower, spoke against this fiscal plan and annexation. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Washington. The motion carried. REPORT OF CITY OFFICES Kathy Dempsey, Director of Code Enforcement, reported that people from Ducomb Center are helping to clean areas of the City. She indicated she was in favor of the proposed refuse ordinance, where the City would pick up the trash exclusively. She indicated this would eliminate a lot of the illegal dumping and other problems. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Ladewski. 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 October 25, 1993 at 7:32 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 82 -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 EAST OF MAYFLOWER ROAD, BETWEEN BRICK AND CLEVELAND ROADS IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (SHIVELY /DEMAEGT ANNEXATION). 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 to the Council favorable, as amended. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Duda. The motion carried. Larry Magliozzi, Economic Development Specialist, made the presentation for the bill. He indicated this annexation was amended to include two property owners who wanted their property included. Kenneth Fedder, attorney, presented a letter from his client agreeing to the annexation. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Slavinskas. The motion carried. BILL NO. 84 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: TUCKER DRIVE, LYING WEST OF KALEY STREET, IN 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 Slavinskas reported that the Zoning and Vacation Committee had met on the bill and recommended it to the Council favorable. Kenneth Fedder, attorney, made the presentation for the bill. He indicated Steel Warehouse Corporation was requesting this vacation since they utilize both sides of the street. He indicated that the north and south sides of the street are owned by the corporation or one of its officers. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,271.40 FROM THE COVELESKI IMPROVEMENT FUND FOR THE PURPOSE OF PROVIDING FLOOD RELIEF TO THE CITY OF DAVENPORT, IOWA. 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 the bill and recommended it to the Council favorable. Mayor Joseph Kernan made the presentation for the bill. He indicated that earlier this year when the Quad Cities stadium in Davenport was flooded they played in South Bend. He indicated this $1,271.40 represents a total of $807.60 in private donations collected at the games and $463.80 was a share of the concession revenues. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 86 -93 A BILL APPROPRIATING $932,000.00 WITHIN VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS 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 Washington reported that the Personnel and Finance and Public Works Committees had met on the bill and recommended it to the Council favorable. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation would be used for paving and slurry; Twyckenham widening; Ironwood widening; and Portage widening. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. NO. 87 -93 A BILL APPROPRIATING $116,000.00 FROM AND AMONG THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR THE IRONWOOD WIDENING AND STORM- SANITARY SEWER PROJECT. 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 Personnel and Finance and Utilities Committees had met on the bill and recommended it to the Council favorable. John Leszczynski, Director of Public works, made the presentation for the bill. He indicated unused funds from the Edison Road Project would be transferred to the Ironwood Widening and Storm Sewer Project from Ireland to Ewing. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. -93 A BILL APPROPRIATING $490,000.00 WITHIN VARIOUS ACCOUNTS OF THE WASTEWATER FUND FOR VARIOUS IMPROVEMENTS. 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 Personnel and Finance and Utilities Committees had met on the bill and recommended it to the Council favorable. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation would be used for the Twyckenham sewer construction and the Portage sewer construction. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. NO. 89 -93 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 5 OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE ESTABLISHING AN ORDINANCE WHICH PROHIBITS THE PRESENCE OF DISORDERLY HOUSES IN THE CITY OF SOUTH BEND. 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 the bill and recommended it to the Council favorable. 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. Mayor Joseph Kernan made the presentation for the bill. He indicated there are some properties in the City that continue to be a problem and this bill would give another tool to help deal with this situation. Jim Caldwell, the Mayor's administrative assistant for neighborhoods, indicated this bill would apply to structures and the city can notify both the occupants and owner of the structure. Police Chief Marciniak indicated the police spend about 60 percent of their time responding to calls involving disorderly behavior, and many are repeat calls. He indicated they were called to one house more than 100 times last year and one call can tie up two or three patrol cars for an hour or more. Capt. Thomas Fautz, heard of the Neighborhood Enforcement Services Team, indicated this was one more tool needed to keep neighborhoods safe and quiet. Capt. James Clark, South Bend Police, Mark Tarner, of the Near West Neighborhood Association; Vickie Black; Eugenia Braboy, 1028 W. Colfax; Mathew Keesh; Melvina Price, a representative of the Far North West Neighborhood Association; Jim Gramza, a representative of the Northwest Side Neighborhood Association; Penny Hughes, 1918 Southernview; and Robert Herrol, 809 Milton; asked questions concerning the bill, or spoke in favor. David Smith, president of the Michiana Income Property Owners Association; and Ernest Dickson, 2706 Wall St., spoke against the bill. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Duda. The motion carried. Council Member Luecke made a motion to rise and report to the Council Member Coleman. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED Be it remembered Council Chambers Council President Council, seconded by that the Common Council of the City of South Bend reconvened in the on the fourth floor of the County -City Building at 8:50 p.m. Luecke presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8421 -93 AN ORDINANCE 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 EAST OF MAYFLOWER ROAD, BETWEEN BRICK AND CLEVELAND ROADS IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA SHIVELY /DEMAEGT ANNEXATION). 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, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8422 -93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: TUCKER DRIVE, LYING WEST OF KALEY STREET, IN SOUTH BEND, ST. JOSEPH COUNTY, 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. ORDINANCE NO. 8423 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,271.40 FROM THE COVELESKI IMPROVEMENT FUND FOR THE PURPOSE OF PROVIDING FLOOD RELIEF TO THE CITY OF DAVENPORT, IOWA. 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. 8424 -93 AN ORDINANCE APPROPRIATING $932,000.00 WITHIN VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS FUND. 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. 8425 -93 AN ORDINANCE APPROPRIATING $116,000.00 FROM AND AMONG THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR THE IRONWOOD WIDENING AND STORM - SANITARY SEWER PROJECT. 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. 8426 -93 AN ORDINANCE A BILL APPROPRIATING $490,000.00 WITHIN VARIOUS ACCOUNTS OF THE WASTEWATER FUND FOR VARIOUS IMPROVEMENTS. This bill had third reading. Council Member Duda made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8427 -93 AN ORDINANCE ON A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 5 OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE ESTABLISHING AN ORDINANCE WHICH PROHIBITS THE PRESENCE OF DISORDERLY HOUSES IN THE CITY OF SOUTH BEND. 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 Puzzello made a motion to pass this bill, as amended, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes and one nay (Council Member Washington.) BILLS FIRST READING BILL NO. 90 -93 A BILL AMENDING CHAPTER 21, ARTICLE 6.5, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED HISTORIC PRESERVATION COMMISSION. 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. 91 -93 A BILL MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 8396 -93 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- l ��U\a1� /•I'� -RUIN Nt �iI C\ — ___ _- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1994 AND 1995. This bill had first reading. Council Member Coleman made a motion to refer this bill to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on November 8, seconded by Council Member Duda. 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 bill had first reading. Council Member Coleman made a motion to refer this bill to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on November 8, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Council Member Slavinskas made a motion to set Bill Nos. 76, 77, 78, 79, 80 -93 for public hearing and third reading on November 8, and refer them to the Zoning and Vacation Committee, seconded by Council Member Coleman. 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 Duda. The motion carried and the meeting was adjourned at 9:00 p.m. ATTEST; City Clerk ATTEST: