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HomeMy WebLinkAbout03-26-90 Council Meeting MinutesREGULAR MEETING MARCH 26, 1990 Council Chambers of the County -City Building on Monday, March 26, 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 March 12, 1990 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Tom Zakrzewski /s/ Ann Puzzello Council Member Coleman made a motion that the minutes of the March 12, 1990, meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO.1772 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING APRIL 22, 1990 AS "EARTH DAY 1990" IN SOUTH BEND, INDIANA. WHEREAS, approximately twenty years ago, the first Earth Day Celebration was held where over twenty million Americans demonstrated their concern for the environment; and WHEREAS, since the first Earth Day Celebration, new federal and state laws have been passed to help protect our air, water, and land; and WHEREAS, Earth Day 1990 will focus on a national and international call to action for all people to join in a global effort to save the planet; and WHEREAS, Earth Day 1990 will have programs to educate the public on recycling, conserving energy and water, utilizing efficient transportation systems, and adopting more ecologically sound lifestyles; and WHEREAS, U.S. Senator Albert Gore and U.S. Congressman Morris Udall have introduced Resolutions before the Senate and House of Representatives to recognize April 22, 1990 as Earth Day and to declare the 1990's as the "decade of the environment," and WHEREAS, the Common Council believes that the declaration of Earth Day 1990 in South Bend, Indiana, will bring additional local emphasis on the need for responsible legislation to encourage cost effective recycling programs and other environmentally sensitive programs which will benefit the citizens and future citizens of our community. 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, hereby declares April 22, 1990, as "Earth Day 1990" in the City. SECTION II. The Council encourages all citizens to participate in the many activities which will promote the preservation of the global environment and the official launching of the "Decade of the Environment." 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. STEPHEN LUECKE, FIRST DISTRICT DONALD NIEZGODSKI, SECOND DISTRICT WILLIAM SODERBERG, THIRD DISTRICT LINAS SLAVINSKAS FIFTH DISTRICT THOMAS ZAKRZEWSKI, SIXTH DISTRICT SEAN COLEMAN, AT LARGE LORETTA DUDA, AT LARGE JOHN VOORDE, AT LARGE 2m 30 REGULAR MEETING ATTEST • �j 4t !c� M^� City Clerk Mayor MARCH 26, 1990 A public hearing was held on the resolution at this time. Council Member Loretta Duda made the formal presentation on the resolution. She indicated that the earth faces severe environmental crises such as global warming, rain forest devastation, growing world population and water and air pollution. Diana Mendelsohn, 20271 W. Brick Rd., South Bend, IN spoke in favor of the bill. She spoke regarding Earth Day 1990 Green Pledge. She indicated that the Green Pledge would act as a pledge card to support Earth Day 190 Project. Richard Gard, 2531 Erskine Blvd., spoke in favor of the bill. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted 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 March 26, 1990, at 7:00 p.m., with nine members present. Chairman Coleman presiding. BILL NO. 5 -90 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 415 PARRY 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 stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable. John Oxian, President Historic Preservation Committion made the presentation on the bill. Rebecca Shriner, 415 Parry St., spoke in favor of the bill. She indicated that she is the owner of the home. She stated that the home has remained in the same condition in which is was first built, except for the carriage house, which had to be torn down. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas. The motion carried. BILL NO. 6 -90 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 630 W. WASHINGTON, 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 stated that the Zoning & Vacation Committee met on this bill and recommend it to the Council favorable. John Oxian, President Historic Preservation made the presentation on the bill. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. BILL NO. 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. 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 Soderberg stated that the Public Safety Committee met on this bill and recommends it to the Council favorable. Council Member Luecke made the presentation on the bill. He indicated that this bill would minimize the number of times that officers must return to the site of noisy parties or gatherings, by providing for a $50.00 fine for additional calls to a disturbance after a warning has been given. Chief of Police Ron Marciniak, spoke in favor of the bill. He indicated that repeated calls to the same distrubance are not only frustrating for the officers but also the neighbors. Floyd Carter, 1619 Fassnacht spoke in favor of the bill. Council Member Soderberg made a motion to recommend this bill to the Council favorable, seconded by Council Member Niezgodski. The motion carried. BILL NO. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Soderberg stated that the Public Safety Committee met on this bill and recommends it to the Council favorable. Council Member Luecke made the presentation on the bill. He indicated that this bill would amend the schedule of ordinance and code violations to allow for a penalty provision related to "large parties or gatherings requiring a second response" from the Police Department. Kathleen Cekanski - Farrand, City Council Attorney stated that if a penalty goes unpaid the City Attorney's Office will then inform the party that further legal action will be pursued. Council Member Voorde made a motion to amend this bill by raising the penalty for Municipal Code Section 13 -57 "Loud and Raucous Noise" from $25.00 to $50.00 to be in compliance with with New Section 13 -57.1, seconded by Council Member Duda. The motion carried. Council Member Voorde made a motion to recommend this bill to the REGULAR MEETING MARCH 26, 1990 BILL NO. 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 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 stated that the Personnel & Finance Committee met on this bill and recommends it to the Council favorable. Katherine Humphreys, Director, Department of Administration and Finance made the presentation on the bill. She indicated that this bill would allow for UDAG funds to support an additional Construction Manger in the Department of Engineering. She stated that the position is needed due to the anticipated construction in the Downtown area beginning in the summer of 1991. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. BILL NO. 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 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 stated that the Personnel & Finance Committee met on this bill and recommends it to the Council favorable, as amended. Council Member Thomas Zakrzewski made the formal presentation on the bill. He indicated that this bill would allow funding support for the St. Joseph County Strategic Planning Committee. He stated that the committee promises to serve a significant role in promoting better cooperation between the various governmental entities in our community. Kathy Cekanski- Farrand, Council Attorney read into the record the proposed amendment: To renumber current Section II to Section III. To insert new Section II. to read as follows: Section II. The Council further notes that this Ordinance shall be conditioned upon: (1) a presentation being provided to the Council outlining the proposed programs to be addressed by the St. Joseph County Strategic Planning Committee with this funding; and (2) that monies addresed herein shall not be spent by the City in the event that the other entities represented by the Committee do not pass appropriate funding ordinances or documents for this 1990 project. Council Member Puzzello made a motion to amend this bill, seconded by Council Member Voorde. The motion carried. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Duda. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Zakrzewski made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: CITY CLERK REGULAR MEETING RECONVENED ATTEST: neey- 4119-CRmo tt_ 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 7:10 p.m. Council President Zakrzewski presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8077 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 415 PARRY 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 Voorde. The bill passed by a roll call vote of nine ayes. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 630 W. WASHINGTON, 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. ORDINANCE NO. 8079 -90 AN ORDINANCE 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. 31 32 REGULAR MEETING MARCH Lb, I99U This bill had third_ reading. Council Member Luecke 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. 8080 -90 AN ORDINANCE 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 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 Niezgodski 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. 8081 -90 AN ORDINANCE APPROPRIATING URBAN DEVELOPMENT ACTION GRANT FUNDS TO DEFRAY EXPENSES IN THE DEPARTMENT OF ADMINISTRATION AND FINANCE AND THE DEPARTMENT OF ENGINEERING. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of eight ayes and one nay (Council Member Soderberg.) ORDINANCE NO. 8082 -90 AN ORDINANCE 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 third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Voorde. The motion carried. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. RESOLUTIONS 89 -48 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 115 N. NILES AVENUE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR NILES /WASHINGTON ASSOCIATES. 90 -9 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 431 E. COLFAX AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR: NILES / COLFAX ASSOCIATES. Council Member Luecke made a motion to continue the above mentioned resolutions to the April 9, 1990 meeting, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1773 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /TRANSFER STATIONS LICENSES FOR THE CALENDAR YEAR 1990. WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk /scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk/ and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk /and recycling dealers; and WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk /and recycling operations have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on March 19, 1990, recommended the issuance of licenses for the below listed applicants in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 6 3t REGULAR MEETING MARCH 26, 1990 SECTION I. That the licenses aplications for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections have been made in February, 1990, and subsequent favorable recommendation by the Board of Public Works: A -1 Auto Parts Hurwich Iron Company, Inc. Hurwich Iron Company, Inc. North Side Iron & Paper Co. South Bend Baling & Iron Co. South Bend Iron & Metal Co. South Bend Scrap & Processing South Bend Waste Paper Co. Steve & Gene's Auto Truck Salvage Super Auto Salvage Corp. Weaver Truck & Equipment Co. Western Av. Iron & Metal Co. 2014 S. Lafayette Blvd. 1610 Circle Av. 2016 W. Washington Av. 3123 S. Gertrude St. 1420 S. Walnut St. 429 W. Indiana Av. 3114 S. Gertrude St. 1519 S. Franklin St. 3109 S. Gertrude St. 3300 S. Main St. 3700 S. Gertrude St. 3123 S. Gertrude St. SECTION II. This Resolution shall be in full force and effect from and after its adoption 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. Council Member Soderberg stated that the Public Safety Committee met on this bill and recommends it to the Council favorable. Patricia DeClercq, Director Department of Code Enforcement made the presentation on the bill. She indicated that in accordance with the procedure for the renewal of license applications for scrap /junk /recycling operations, inspections of the premises of twelve (12) dealers submitting renewal licens applications were conducted by the Fire Prevention Bureau and the Department of Code Enforcement in February of 1990. She stated that the properties were inspected for fire code.violations, environmental violations, proper maintenance of the premises and areas outside fenced -in areas, and the height and condition of surrounding fencing. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Voorde. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 22 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 4 -17 AND 4 -43 BY THE ADDITION OF LICENSING REGULATIONS ADDRESSING TRANSIENT MERCHANTS. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing April 23, 1990, seconded by Council Member Duda. The motion carried. BILL NO. 23 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING THREE THOUSAND EIGHT HUNDRED FIFTY -TWO DOLLARS ($3,852.00) FROM THE STANLEY COVELESRI REGIONAL STADIUM FUND. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing April 9, 1990, seconded by Council Member Duda. The motion carried. UNIFINISHED BUSINESS Reports from Area Plan: Bill No. 2 -90 - Rezone 625 N. Eddy St. Bill No. 4 -90 - Rezone 710 E. Colfax Av. Bill No. 9 -90 - East Bank Parking District Council Member Slavinskas made a motion to set the above mentioned bill for second reading and public hearing on April 9, 1990, seconded by Council Member Coleman. The motion carried. NEW BUSINESS Council Member Soderberg commend the Fishoff Chamber Competition which was held in South Bend this past week. Council Member Slavinskas spoke regarding the people of Lithuanian in their quest for freedom. Council Member Puzzello spoke regarding the 1990 Census. She urged everyone for complete and return their form. Council Member Duda suggested that if you have any questions regarding the Census to call the toll -free number. 34 1 REGULAR MEETING MARCH 26, 1990 PRIVILEGE OF THE FLOOR 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 Niezgodski. The motion carried and the meeting was adjourned at 8:05 p.m. ATTEST: APPROVED: City Clerk 1?resident