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HomeMy WebLinkAbout03-12-90 Council Meeting Minutes24 iT,AR MF.F.TTNG MARCH _12, 1990 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, March 12, 1990, 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, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Voorde 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 February 26, 1990 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Ann Puzzello /s/ Tom Zakrzewski Council Member Coleman made a motion that the minutes of the February 26, 1990, meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1769 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING CORPORAL DEREK DIETER FOR THE HONOR OF BEING NAMED POLICE OFFICER OF THE YEAR BY THE SOUTH BEND EXCHANGE CLUB. WHEREAS, the Common Council of the City of South Bend, Indiana, notes with pride that Corporal Derek Dieter was named the 1989 Police Officer of the year by the South Bend Exchange Club, and WHEREAS, Corporal Dieter has served with distinction as a member of the Special Weapons and Tactical Team in the Special Operations Section as an undercover drug investigator; and WHEREAS, in 1983 Corporal Dieter received an award from the Drug Enforcement Administration for his many contributions in the field of drug investigations; and WHEREAS, in his 12 years on the Department, Corporal Dieter has received forty (40) letters of commendation and five (5) letters of appreciation; and WHEREAS, Police Chief Ronal Marciniak has stated of Corporal Dieter that "his performance is keeping with the highest standards of police service." WHEREAS, it might be said of the South Bend Police Department's own "Roy Hobbs" in future years, "there goes Derek Dieter - one of the best darn cops that's ever served." NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, on behalf of all of the citizens of the City hereby publicly commends Corporal Derek Dieter for the honor of being named the 1989 Police Office of the Year by the South Bend Exchange Club. SECTION II. The Common Council believes that the exemplary performance over the past twelve years by Corporal Dieter has brought the highest of honors not only to himself, but to the entire South Bend Police Department. SECTION III. Corporal Derek Dieter a /k /a "The Chief" of Stadium Security, will long be remembered as a "Natural ", a dedicated professional, and a Yankee Fan to the bitter end." 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, LINAS SLAVINSKAS FIRST DISTRICT FIFTH DISTRICT DONALD NIEZGODSKI, SECOND DISTRICT WILLIAM SODERBERG, THIRD DISTRICT THOMAS ZAKRZEWSKI, SIXTH DISTRICT SEAN COLEMAN, AT LARGE 25 REGULAR MEETING ATTEST: Ci y Clerk MARCH 12, 1990 LORETTA DUDA, AT LARGE JOHN VOORDE, AT LARGE Mayor A public hearing was held on the resolution at this time. Council Member Coleman made the presentation on the resolution. Chief Ron Marciniak spoke in favor of the resolution. Tom Buck, President South Bend Exchange Club spoke in favor of the resolution. Council Member Niezgodski made a motion to adopt this resolution, seconded by Council Member Duda. The motion carried by a roll call vote of nine ayes. 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 Monday, March 12, 1990, at 7:10 p.m., with nine members present. Chairman Coleman presiding. BILL NO. 8 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 18, ARTICLE 5, SECTION 18 -53.8 OF THE MUNICIPAL CODE COMMONLY REFERRED TO AS "PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES" 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 stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable, as amended. Council Member Luecke made a motion to amend this bill, seconded by Council Member Voorde. The motion carried. Linas Slavinskas, 5th District Council Member made the presentation on the bill. He indicated that this bill is a joint recommendation for the City Attorney's office and the City Council Attorney. He stated that the current local procedure of requiring an appraisal of any proposed vacation of 3,200 square feet or more and the depositing of a check equal to the appraised fair market value be eliminated. He stated the this procedure has not be utilized extensively since its initial passage. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Voorde. The motion carried. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED Chairman 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 7:15 p.m. Council President Zakrzewski presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8076 -90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 18, ARTICLE 5, SECTION 18 -53.8 OF THE MUNICIPAL CODE COMMONLY REFERRED TO AS "PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES" This bill had second reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Slavinskas. The motion carried. Council Member Slavinskas made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1770 -90 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA APPROVING THE TRANSFER OF CERTAIN REAL ESTATE BY THE SOUTH BEND BOARD OF PARR COMMISSIONERS TO THE SOUTH BEND REDEVELOPMENT AUTHORITY 26 REGULAR MEETING WHEREAS, on February 26, 1990, the South Bend Board of Park Commissioners, after a public hearing pursuant to I.C. 36- 1 -11 -3, adopted a Resolution indicating its intention to transfer certain real estate under its ownership and /or control, which real estate is within the South Bend Redevelopment Commission's South Bend Central Development Area, and is more completely described in said Resolution, which is attached hereto and made a part hereof, to the South Bend Redevelopment Authority for public improvement; and, WHEREAS, the property to be transferred includes the seawall and walkway within Howard Park, the entire area comprising Viewing Park, the west river bank walkway near Century Center, all of which are owned by the South Bend Board of Park Commissioners, and the Morris Civic Auditorium Park, which is owned by the City of South Bend and is operated and controlled by the Board of Park Commissioners with the consent of the Board of Public works; and, WHEREAS, it is not necessary for the Board of Park Commissioners to hold title to said properties in order to continue to operate them for Park purposes after the transfer of title to the Redevelopment Authority; and, WHEREAS, all real estate to be transferred is in need of public improvement; and, WHEREAS, pursuant to I.C. 36 -7 -14 -25.2 and I.C. 36 -7- 14.5 -14, the South Bend Redevelopment Commission has entered into a lease agreement with the South Bend Redevelopment Authority for the financing and construction of public improvements within the South Bend Central Development Area, including the improvements to Howard Park sea wall and walkway, Viewing Park, the west river bank walkway near Century Center and the Morris Civic Auditorium Park; and, WHEREAS, the South Bend Redevelopment Authority is authorized by I.C. 36 -7- 14.5 -19 to issue bonds in order to finance public improvements in the South Bend Central Development Area as set forth in I.C. 36- 7- 14.5 -11, and the Authority intends to issue such bonds for public improvement in that area; and, WHEREAS, I.C. 36 -7- 14.5 -11 requires that the South Bend Redevelopment Authority hold title to the real estate and public improvements to be made thereon with bond proceeds; and, WHEREAS, pursuant to I.C. 36- 1 -11 -3, the transfer of said property by the Board of Park Commissioners is subject to the approval of the Mayor and the Common Council; and, WHEREAS, on February 27, 1990, the Mayor approved the Park Board Resolution indicating its intention to transfer said property. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City South Bend, Indiana, as follows: SECTION I. The transfer of the parcels of land comprising Howard Park walkway and seawall, Viewing Park, the west river bank walkway near Century Center, and the Morris Civic Auditorium Park, which parcels are located within the South Bend Central Development Area, and are more completely described in the Resolution of the South Bend Board of Park Commissioners Indicating its Intention to Transfer Certain Real Estate to the South Bend Redevelopment Authority, and which was adopted on February 26, 1990, and which is attached hereto and made a part hereof, to the South Bend Redevelopment Authority pursuant to I.C. 36- 10- 4 -9(8) and I.C. 36- 1 -11 -3 for public improvement consistent with the purposes set forth in I.C. 36 -7 -14.5 is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s /Thomas Zakrzewski Member of the Common Council A public hearing was held on the resolution at this time. Larry Koepfle, Economic Development made the presentation on the bill. He stated that the resolution would allow for the transfer of certain portions of real estate owned or controlled by the Park Board to the South Bend Redevelopment Authority. He stated that the purpose of the transfer is to fulfill the requirements for issuance of the 1990 Tax Incremental Finance Bonds by the Redevelopment Authority. He indicated that the TIF issue will finance major renovations and improvements within the South Bend Central Development Area during 1990. Council Member Niezgodski made a motion to amend this bill, seconded by Council Member Duda. The motion carried. Council Member Niezgodski made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1771 -90 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA APPROVING THE TRANSFER OF CERTAIN REAL ESTATE BY THE SOUTH BEND BOARD OF PUBLIC WORKS TO THE SOUTH BEND REDEVELOPMENT AUTHORITY 27 REGULAR MEETING WHEREAS, on February 26, 1990, the South Bend Board of Public Works, after a public hearing pursuant to I.C. 36- 1 -11 -3, adopted Resolution No. 4 -1990 indicating its intention to transfer certain public right -of -way and public property located within the South Bend Redevelopment Commission's South Bend Central Development Area, and more completely described in said Resolution, which is attached hereto and made a part hereof, to the South Bend Redevelopment Authority for public improvement; and, WHEREAS, all public right -of -way and public property addressed in the Board of Public Works Resolution are in need of public improvement; and, - WHEREAS, pursuant to I.C. 36 -7 -14 -25.2 Redevelopment Commission has entered into Redevelopment Authority for the financing within the South Bend Central Development described in said Resolution; and, and I.C. 36 -7- 14.5 -14, the South Bend a lease agreement with the South Bend and construction of public improvements Area, including those properties WHEREAS, the South Bend Redevelopment Authority is authorized by I.C. 36 -7- 14.5 -19 to issue bonds in order to finance public improvements in the South Bend Central Development Area as set forth in I.C. 36 -7- 14.5 -11, and the Authority intends to issue such bonds for public improvement in that area; and, WHEREAS, I.C. 36 -7- 14.5 -11 requires that the South Bend Redevelopment Authority hold title to the real estate and public improvements to be made thereon with bond proceeds; and, WHEREAS, pursuant to I.C. 36- 1 -11 -3, the transfer of said property by the Board of Public Works is subject to the approval of the Mayor and the Common Council; and, WHEREAS, on February 27, 1990, the Mayor approved the Board of Public Works Resolution indicating its intention to transfer said property. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City South Bend, Indiana, as follows: SECTION I. The transfer of portions of public right -of -way and public property located in the South Bend Central Development Area and described in South Bend Board of Public Works Resolution No. 4 -1990, which is attached hereto and made a part hereof, to the South Bend Redevelopment Authority pursuant to I.C. 36- 1 -11 -3 and I.C. 36- 1 -11 -8 for public improvement consistent with the purposes set forth in I.C. 36 -7 -14.5 is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s /Thomas Zakrzewski Member of the Common Council A public hearing was held on the resolution at this time. Larry Koepfle, Economic Development made the presentation on the bill. He indicated that the bill would allow for the transfer of certain portions of real estate owned or controlled by the Park Board to the South Bend Redevelopment Authority. He stated that the purpose of the transfers is to fulfill the requirements for issuance of the 1990 Tax Incremental Finance Bonds by the Redevelopment Authority. The TIF bonds will finance major renovations and improvements with the South Bend Central Development Area during 1990. Council Member Voorde made a motion to amend this bill, seconded by Council Member Luecke. The motion carried. Richard Nussbaum, City Attorney stated that the duties of the property owner is to maintain the sidewalk. He stated that on unsafe sites appropriate steps need to be taken to fix them or get the owner to fix them, because the City is then open to liability. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING 16 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1035 N. ELMER, IN THE CITY OF SOUTH BEND, INDIANA. Council Member Coleman made a motion to strike this bill from the agenda, seconded by Council Member Duda. The motion carried. 17 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 6, DIVISION 2, SECTION 2 -112 COMMONLY KNOWN AS "EXCEPTIONS IN ALL DISTRICTS." 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. 18 -90 A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF NEW SECTION 13 -57.1 OF ARTICLE 4, CHAPTER 13, TO BE ENTITLED: USE OF POLICE OFFICERS AT LARGE PARTIES OR GATHERINGS REQUIRED A SECOND RESPONSE. OFAR REGULAR MEETING MARCH 12, 1990 This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing March 26, 1990, seconded by Council Member Coleman. The motion carried. 19 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 COMMONLY KNOWN AS "SCHEDULE OF ORDINANCE AND CODE VIOLATIONS." This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing March 26, 1990, seconded by Council Member Niezgodski. The motion carried. 20 -90 A BILL APPROPRIATING URBAN DEVELOPMENT ACTION GRANT FUNDS TO DEFRAY EXPENSES IN THE DEPARTMENT OF ADMINISTRATION AND FINANCE AND THE DEPARTMENT OF ENGINEERING. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing March 26, 1990, seconded by Council Member Duda. The motion carried. 21 -90 A BILL TRANSFERRING MONIES FROM ONE ACCOUNT TO ANOTHER ACCOUNT WITHIN THE DEPARTMENT OF ADMINISTRATION AND FINANCE IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1990. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing March 26, 1990, seconded by Council Member Voorde. The motion carried. UNIFINISHED BUSINESS Bill No. 5 -90 - Historic Landmark 415 Parry St. Bill No. 6 -90 - Historic Landmark 630 W. Washington Council Member Voorde made a motion to set the above mentioned bills for second reading and public hearing on March 26, 1990, seconded by Council Member Luecke. The motion carried. NEW BUSINESS BZA Petition - Shrine Circus, 4H Fairgrounds 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 Soderberg. The motion carried and the meeting was adjourned at 7:50 p.m. ATTEST: +" City Clerk APPROVED: President