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HomeMy WebLinkAbout06-11-90 Council 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, June 11, 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 May 14, 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 May 14, 1990, meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1791 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING ALL CITIZENS TO SUPPORT THE 1928 STUDEBAKER ROADSTER DUBBED "THE PRIDE OF SOUTH BEND" AS OUR TEAM PARTICIPATES IN THE "GREAT AMERICAN RACE." WHEREAS, the Great American Race will take place on June 24 through July 6th; and WHEREAS, the race will commence in New York and end on Main Street in Disneyland, Anaheim, California; and WHEREAS, one of the 120 cars participating will be our own 1928 Studebaker Roadster dubbed the "Pride of South Bend "; and WHEREAS, our car has been totally rebuilt and reassembled with the vast majority of the work being done by dedicated hard - working volunteers; and WHEREAS, this car was originally built out of a wooden frame and set a world's record in 1928 when it was driven 25,000 miles in 23,000 minutes in Atlantic City; and WHEREAS, the Studebaker National Museum Racing Team will be made up of five (5) members, namely: Chuck Wolters, the driver, a navigator, and 3 crew members. NOW, THEREFORE, BE IT ORDAINED 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, publicly congratulate the countless individuals who have donated their time, talents and money in preparing the green and black 1928 Studebaker Roadster for its upcoming competition in the Great American Race. SECTION II. The Council and Mayor urge all citizens to show their home town pride in cheering for and donating their monetary contributions to the Studebaker Nation Museum Racing Team. SECTION III. The Council and Mayor hereby declare June 24th through July 6th as "The Pride of South Bend Weeks" and enthusiastically send our support to our team as it travels from coast to coast. 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, First District Donald Niezgodski, Second District William Soderberg, Third District Ann Puzzello Fourth District Linas Slavinskas Fifth District Thomas Zakrzewski, Sixth District Sean Coleman, At Large Loretta Duda, At Large 5A ri 5,9 6 ATTEST: City Clerk Mayor A public hearing was held on the resolution at this time. Council Member Slavinskas made a motion to recess, seconded by Council Member Niezgodski. The motion carried and the meeting was recessed at 7:02 p.m., while the Council went outside to look at the car, and reconvened at 7:20 p.m. Council Member Zakrzewski read the resolution. He presented a check to Ron Radecki for $1,000 for the museum. Council Member Slavinskas made a motion to adopt the resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1792 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THE DEPARTMENT OF NATURAL RESOURCES TO ASSIGN MORE CONSERVATION OFFICERS TO THE ST. JOSEPH RIVER AREA IN ST. JOSEPH COUNTY. WHEREAS, the Common Council of the City of South Bend, Indiana, is appreciati and supportive of the anadromous fish program introduced by the Department of Natural Resources to the St. Joseph River; and WHEREAS, for the past two (2) years governmental agencies and individuals participated in a study as part of a joint committee for the purpose of identifyi problems and evaluating the impact of the salmon program on and along the St. Joseph River; and WHEREAS, as the result of this study, numerous steps have been taken by local governmental agencies to minimize as many negative impacts of the program as possible, such as: establishing uniform laws and regulations, preparing brochures, maps, and signage indicating where all legal fishing sites and public access sites are located, and providing many new facilities and improvements necessary to accommodate the increased public use generated by the salmon program; and WHEREAS, there is, however, an increasing need to provide adequate public protection and the enforcement of fish and game laws on the St. Joseph River by Department of Natural Resources through its enforcement officer programs; and WHEREAS, it is believed that the current 3 -1/2 officers assigned to this management area will not be sufficient to provide adequate protection and enforcement once the salmon program is in full operation; and WHEREAS, based on our studies, it is believed that at least another 1 -1/2 conservation officer units will be required. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, hereby petitions and requests the Department of Natural Resources of the State of Indiana, to do all within its power and authority to insure adequate protection and enforcement of fish and game laws on the'St. Joseph River in St. Joseph County. SECTION II. The Council further recommends that the Department of Natural Resources consider increasing the number of conservation officers assigned to the St. Joseph River in St. Joseph County in light of the increased public use to be generated by the upcoming salmon program. SECTION III. The Common Council directs the City Clerk to send copies of this Resolution to Mr. Patrick Ralston, Director of the Department of Natural Resources, Governor Evan Bayh, and our local state elected public officials, urging them to support this request to ensure the safety of our citizens and visitors to the St. Joseph River Area. 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, First District Donald Niezgodski, Second District William Soderberg, Third District Ann Puzzello Fourth District Linas Slavinskas Fifth District Thomas Zakrzewski, Sixth District Sean Coleman, At Large Loretta Duda, At Large John Voorde, At Large J�q ATTEST: City Clerk Mayor A public hearing was held on the resolution at this time. Council Member Coleman read the resolution. Sam Mercantini, president of the St. Joseph County Parks and Recreation Board indicated they, as well as the County Council and Commissioners, had recently passed a similar resolution. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Niezgodski. 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 June 11, 1990, at 7:32 p.m., with nine members present. Chairman Coleman presiding. BILL NO. 30 -90 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH -SOUTH ALLEY NORTH OF THE 1ST VACATED EAST -WEST ALLEY NORTH OF NAVARRE STREET BETWEEN NORTH MICHIGAN STREET AND VACATED NORTH MAIN STREET, RUNNING NORTH TO THE 2ND VACATED EAST -WEST ALLEY NORTH OF NAVARRE STREET BETWEEN NORTH MICHIGAN STREET AND VACATED NORTH MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 180 FEET BY 14 FEET AND LYING BETWEEN AND ALONG ALL OF THE WEST SIDE OF LOTS 10, 11, AND 12 OF BARTLETT'S FIRST ADDITION TO THE CITY OF SOUTH BEND AND ALL OF THE EAST SIDE OF LOTS 23, 24 AND 25 OF BARTLETT'S FIRST ADDITION TO 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 Slavinskas indicated the Zoning and Vacation Committee had met on the bill and recommended it to the Council favorably. Bruce Hammerschmidt, attorney for the petitioner, made the presentation for the bill. He indicated that this section of the alley was not vacated when Memorial Hospital built their addition in the '60s. He indicated this alley was under a portion of the hospital and they were requesting the vacation. Council Member Luecke made a motion to recommend this bill to the Council favorably, seconded by Council Member Puzzello. The motion carried. BILL NO. 31 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING MONIES FROM THE NEXT DOOR NEIGHBOR PROGRAM 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 Puzzello indicated the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. Jim Caldwell, administrative assistant to the Mayor, made the presentation for the bill. He indicated this bill appropriated $25,000 from the Next Door Neighbor Fund to be used to fund grants to neighborhood organizations for various improvements. Richard Nussbaum, City Attorney, spoke in favor of this appropriation. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Voorde. The motion carried on a roll call vote of five ayes and four nays (Council Members Soderberg, Slavinskas, Zakrzewski and Duda.) BILL NO. 33 -90 A BILL AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "VEHICLES AND TRAFFIC" This being the time heretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Michael Meeks, Engineering, made the presentation for the bill. He indicated this bill would allow better enforcement of handicapped parking regulations. Council Member Soderberg made a motion to recommend this bill to the Council favorably, seconded by Council Member Voorde. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Slavinskas made a motion to rise and report to the Council, seconded by Council Member Soderberg. The motion carried. ATTEST: ATTEST: LWk4j4-_ City Clerk Chairman REGULAR MEETING RECONVENED 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 8:00 p.m. Council President Zakrzewski presiding and nine members present. BILLS, THIRD READING J70a 6 ORDINANCE NO. 8087 -90 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH -SOUTH ALLEY NORTH OF THE 1ST VACATED EAST -WEST ALLEYNORTH OF NAVARRE STREET BETWEEN NORTH MICHIGAN STREET AND VACATED NORTH MAIN STREET, RUNNING NORTH TO THE 2ND VACATED EAST -WEST ALLEY NORTH OF NAVARRE STREET BETWEEN NORTH MICHIGAN STREET AND VACATED NORTH MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 180 FEET BY 14 FEET AND LYING BETWEEN AND ALONG ALL OF THE WEST SIDE OF LOTS 10, 11, AND 12 OF BARTLETT'S FIRST ADDITION TO THE CITY OF SOUTH BEND AND ALL OF THE EAST SIDE OF LOTS 23, 24 AND 25 OF BARTLETT'S FIRST ADDITION TO THE CITY OF SOUTH BEND. This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8088 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING MONIES FROM THE NEXT DOOR NEIGHBOR PROGRAM FUND. This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of five ayes and four nays (Council Members Soderberg, Slavinskas, Zakrzewski and Duda.) ORDINANCE NO. 8089 -90 A BILL AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL COD ENTITLED "VEHICLES AND TRAFFIC" This bill had third reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. Council Member Luecke made a motion to pass this bill, as amended, seconded by Council member Niezgodski. The bill passed on a r call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1793 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 2222 S. MAIN ST. TO BE A ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 6 YEAR REAL PROPERTY TAX ABATEMENT FOR 3 -G PROPERTIES. 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 1111 S. Main st. and which is more particularly described as follows: Lot number thirty five (35), thirty six (36), and thirty seven (37) of the recorded plat of Stull's First Addition to the City of South Bend as 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 or a period of six (6) years. 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 /Thomas Zakrzewski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas made the presentation for the resolution. He indicated they proposed t, construct a 6,100 square foot addition to their existing building. He indicated two new lobs will be created, and they will commit to hire job seekers enrolled in 15a RESOLUTION NO. 1794 -90 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 ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION. WHEREAS, The South Bend Redevelopment Commission (the "Commission ") on February 23, 1990, approved and adopted a resolution entitled "Resolution of the South Bend Redevelopment Commission Designating and Declaring the Airport Economic Development Area, Approving an Economic Development Plan and Establishing an Allocation Area for purposes of Tax Increment Financing" (the "Declaratory Resolution "); and WHEREAS, the Declaratory Resolution designated and declared the Airport Economic Development Area (the "Area "), adopted an Economic Development Plan for the Area entitled "Airport Economic Development Area Development Plan" (the "Plan "), and established the Area as an Allocation Area for purposes of tax increment financing; and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana (the "plan Commission "), on May 15, 1990, adopted and approved a resolution, a copy of which is attached hereto, determining that the Declaratory Resolution and the Plan conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan, and designated such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan required by Section 16 of IC 36 -7 -14, as amended (the "Act ") (the "Plan Commission Order "); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the economic development of the Area; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. The Plan Commission Order attached hereto is hereby approved, ratified and confirmed in all respects. SECTION 2. The Commission's determination in the Declaratory Resolution that the Area is an "economic development area" pursuant to the Act is hereby approved. SECTION 3. This Resolution shall be in full force and effect from and upon compliance with the procedures required by law. /s/ Thomas Zakrzewski Member of the Common Council A public hearing was held on the resolution at this time. K. C. Pocius, Redevelopment, indicated this $2,300 acquire site will be developed over the next 20 years for commercial, industrial and residential use. Council Member Luecke 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. 34 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3822 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 35 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1400 N. ANDERSON, 1411 N. ANDERSON AND 1408 ELWOOD IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Niezgodski made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 36 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 529 SOUTH FELLOWS STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Voorde made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 37 -90 A BILL APPROPRIATING $148,113.00 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENTS FUND TO DEFRAY FIRE DEPARTMENT EXPENSES. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on June 25, seconded by Council Member Luecke. The motion carried. BILL NO. 38 -90 A BILL APPROPRIATING $600.00 FROM THE HAZMAT FUND TO PURCHASE CRYOGENIC GLOVES. Council Member Slavinskas made a motion to strike this bill, seconded by Council Member Luecke. The motion carried. BILL NO. 39 -90 A BILL APPROPRIATING $75,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS901, CORBY ST. SANITARY SEWER, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Niezgodski made a motion to refer th bill to the Public Works Committee, and set it for public hearing and third readi June 25, seconded by Council Member Luecke. The motion carried. BILL NO. 40 -90 A BILL INCREASING APPROPRIATIONS AND ADDING APPROPRIATIONS WITHIN THE VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS FUND This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Public Works Committee, and set if or public hearing and third reading June 25, seconded by Council Member Luecke. The motion carried. BILL NO. 41 -90 A BILL APPROPRIATING $200,000.00 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND TO PURCHASE ADDITIONAL EMERGENCY MOTOR EQUIPMENT. This bill had first reading. Council Member Voorde made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading June 25, seconded by Council Member Luecke. The motion carried. BILL NO. 42 -90 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE CONTROLLER'S DEPARTMENT TO THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1990. 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 June 25, seconded by Council Member Duda. The motion carried. BILL NO. 43' -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING PROVISIONS WITHIN CHAPTER 2, ARTICLE 6, COMMONLY REFERRED TO AS TAX ABATEMENT PROCEDURES. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Human Resources Committee, and set it for public hearing and third reading June 25, seconded by Council Member Coleman. The motion carried. BILL NO. 44 -90 A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 6.5, SECTION 21 -117.2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND ADDRESSING POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION. This bill had first reading. Council Member Niezgodski made a motion to refer thi: bill to Area Plan, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Council Member Luecke made a motion to set Bill No. 24 -90 for public hearing and third reading June 25, and refer it to the Zoning and Vacation Committee, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Nelson Schafer, 6104 Gotham, inquired about the zoning ordinance regarding Bill No 44 -90, and he was referred to the City Clerk's office. There being no further business to come before the Council, unfinished or new, Council Member Soderberg made a motion to adjourn, seconded by Council Member Puzzello. The motion carried and the meeting was adjourned at 8:20 p.m. ATTEST; City Cle k APPROVED: President