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HomeMy WebLinkAbout07-09-90 Council Meeting Minutes!�9 - - REGULAR- MEETING -- -- - JULY 9 =- 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, July 9, 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 June 25, 1990 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s /Thomas Zakrzewski /s /Ann Puzzello Council Member Coleman made a motion that the minutes of the June 25, 1990, meeting of the Council be accepted and placed on file, seconded by Council Member Voorde. The motion carried. SPECIAL BUSINESS Council Member Zakrzewski stated that the Mayor's Citizen's Traffic Commission has openings on July 15. Anyone who might be interested should send their resume and letter to Tom Zakrzewski c/o South Bend City Clerk's Office, 4th Floor County -City Bldg., 227 W. Jefferson Blvd., South Bend, Indiana, 46601. COMMITTEE OF THE WHOLE Be it remembered Committee of the Chairman Coleman BILL NO. 4 -90 that the Common Council of the City of South Bend met in the Whole on July 9, 1990, at 7:03 p.m., with nine members present. presiding. A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 710 EAST COLFAX AVENUE 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, Chairman of the Zoning & Vacation Committee stated that no action was taken on this bill at the Committee meeting. Bob Sante, Assistant Director, Area Plan gave the staff report. John Peddycord, Attorney 300 N. Michigan made the presentation on the bill. Council Member Puzzello made a motion to recommend this bill favorable, as amended, seconded by Council Member Duda. The motion carried. BILL NO. 26 -90 A BILL AMENDING CHAPTER 21, ARTICLE 5, SECTION 21 -93 (B) OF THE SOUTH BEND MUNICIPAL CODE. 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 Council favorable, as amended. Bob Sante, Assistant Director Area Plan Commission, gave the staff report. Larry Koepfle, Economic Development Department, made the presentation on the bill. He indicated that the bill gives guidance and clarity to the Board of Zoning Appeals, when considering variances from the required on -site parking spaces. Council Member Zakrzewski made a motion to amend this bill, seconded by Council Member Voorde. The motion carried. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable as amended, seconded by Council Member Voorde. The motion carried. BILL NO. 28 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTH SIDE OF THE 2000 BLOCK OF EAST IRELAND ROAD, 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. Bob Sante, Assistant Director Area Plan Commission, gave the staff report. John Firth, Attorney, 419 W. Jefferson Blvd., made the presentation on the bill. He indicated that the petitioner is requesting the zone change to allow for the construction of a retail grocery store. Bob King, 1958 Denslow Dr., spoke in favor of the bill. He indicated that he still has concerns regarding drainage. He stated that the additional run off from the project will effect his property. Phil Vitale 1968 Denslow Dr., spoke opposed to the bill. He stated that he was very concerned about the additional run off of water that the project will create. Roger Shinderling, Manager, County Market, Grape Rd. Mishawaka spoke in favor of the bill. Wayne Dish, 70014 Pear Tree Ln., Ft. Wayne, IN, representative Niemann Foods Co., spoke in favor of the bill. He spoke regarding times of deliveries to the store. Council Member Niezgodski made a motion to recommend this bill favorable to Council, seconded by Council Member Voorde. The motion carried. 60 BILL NO. 29 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF HOWARD STREET AND NOTRE DAME AVENUE IN THE CITY OF SOUTH BEND, INDIANA. Council Member Slavinskas made a motion to recommend to continue this bill to the July 23, 1990 meeting of the Council, seconded by Council Member Voorde. The motion carried. BILL NO. 48 -90 A BILL APPROPRIATING $80,000 TO VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. 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 Luecke stated that the Human Resources and Economic Development Committee met on this bill and recommends it to the Council favorable. Jon Hunt, Director Department of Economic Development, made the presentation on the bill. He stated that the purpose of the appropriation is to cover predevelopment expenses associated with the Studebaker Corridor Bond issue. Council Member Voorde made a motion to recommend this bill favorable to Council, seconded by Council Member Puzzello. The motion carried. BILL NO. 49 -90 A BILL APPROPRIATING $600.00 FROM THE HAZMAT FUND TO PURCHASE ADDITIONAL EQUIPMENT. 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. Rick Switalski, Assistant Fire Chief, South Bend Fire Department, made the presentation on the bill. He stated that the appropriation will allow for the purchase of special gloves to be used by the Hazmat team. Council Member Soderberg made a motion to recommend this bill favorable to Council, seconded by Council Member Voorde. The motion carried. BILL NO. 50 -90 A BILL APPROPRIATING $143,214.00 FOR PAYMENT ON ST. JOSEPH /WAYN] PARKING GARAGE LEASE. This being the time heretofore set for public hearing on the above bill, proponent; and opponents were given an opportunity to be heard. Jon Hunt, Director Departmen of Economic Development, 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. 51 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 2, ARTICLE 1, OF THE MUNICIPAL CODE OF THE CITY OF SOUT BEND BY ADDING NEW SECTION 2 -12.2 ENTITLED "PROCEDURE ADDRESSIN CITIZEN APPOINTMENTS." This being the time heretofore set for public hearing on the above bill, proponent: and opponents were given an opportunity to be heard. Sean Coleman, Council Member At Large, made the presentation on the bill. Kathleen Cekanski - Farrand, City Council Attorney, read into the record an amendment to the bill. She stated that in Section 2 -12.2 paragraph H to amend sub section (a) delete "to standing committee." Council Member Voorde made a motion to amend this bill, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 52 -90 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 6, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "DEVELC DESIGN REVIEW." 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 Luecke stated that the Human Resources and Economic Development Committee met on this and recommends it to the Council favorable. Jon Hunt, Director Department of Economic Development, made the presentation on the bill. Kathleen Cekanski- Farrand stated that there is an amendment to this bill on page 3, Sec. 6 -7.1 (b) should read as follows: "The Director of the Division of Economic Development Department "; and at the end of the paragraph it should read (5) members shall constitute a quorum. Council Member Voorde made a motion to amend this bill, seconded by Council Member Puzzello. The motion carried. Council Member Luecke made a motion to recommend this bill to Council favorable, as amended, seconded by Council Member Voorde. 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 Cha'rman 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 7:30 p.m. Council President Zakrzewski presiding and eight members present. 61 - - - - - -- - - -- REGULAR MEETING - - JULY 9 1990 BILLS, THIRD READING ORDINANCE NO. 8096 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 710 EAST COLFAX AVENUE IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Puzzello 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 Niezgodski. The bill passed by a roll call vote of eight ayes and one nay (Council Member Luecke.) ORDINANCE NO. 8097 -90 AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 5, SECTION 21 -93 (B) OF THE SOUTH BEND MUNICIPAL CODE. This bill had third reading. Council Member Voorde 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 Voorde 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. 8098 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTH SIDE OF THE 2000 BLOCK OF EAST IRELAND ROAD, SOUTH BEND, INDIANA. This bill had third reading. Council Member Voorde made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8099 -90 AN ORDINANCE APPROPRIATING $80,000 TO VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had third reading. Council Member Puzzello 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. 8100 -90 AN ORDINANCE APPROPRIATING $600.00 FROM THE HAZMAT FUND TO PURCHASE ADDITIONAL EQUIPMENT. This bill had third reading. Council Member Voorde made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8101 -90 AN ORDINANCE APPROPRIATING $143,214.00 FOR PAYMENT ON ST. JOSEPH /WAYNE PARKING GARAGE LEASE. This bill had third reading. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of eight ayes and one nay (Council Member Slavinskas.) ORDINANCE NO. 8102 -90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 2, ARTICLE 1, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY ADDING NEW SECTION 2 -12.2 ENTITLED "PROCEDURE ADDRESSING CITIZEN APPOINTMENTS." 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 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. 8103 -90 AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 6, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "DEVELOPMENT DESIGN REVIEW." This bill had second reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Luecke. The motion carried. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS 90 -36 A RESOLUTION APPROVING AN INTERLOCAL GOVERNMENTAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND THE TOWN OF NEW CARLISLE, INDIANA CONCERNING WASTEWATER PRETREATMENT ACTIVITIES. Council Member Luecke made a motion to continue this bill to the July 23, 1990 meeting, seconded by Council Member Coleman. The motion carried. BILLS, FIRST READING BILL NO. 53 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT APPROXIMATELY 153 FEET EAST OF THE PRAIRIE AVENUE LOCUST ROAD INTERSECTION ON THE SOUTH SIDE OF PRAIRIE. V G This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 54 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4612 S. MAIN STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 55 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 210 NORTH IRONWOOD DRIVE, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 56 -90 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, AND HEREBY IS FURTHER AMENDED TO INCORPORATE PROVISIONS RELATI TO FLOODPLAIN REGULATIONS. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 57 -90 A BILL FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 1991, 1992, 1993. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing July 23, seconded by Council Member Niezgodski. The motion carried. BILL NO. 58 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 4, ARTICLE 4, SECTION 4 -51, COMMONLY KNOWN AS SCRAP METAL DEALERS, JUNK DEALERS, RECYCLING OPERATIONS, AND TRANSFER STATIONS. This bill had first reading. Council Member Coleman made a motion to set this bil: for second reading and public hearing July 23, 1990, seconded by Council Member Voorde. The motion carried. UNIFINISHED BUSINESS Council Member Slavinskas spoke regarding the intergovernmental agreement. Council Member Soderberg spoke regarding the "Pride of South Bend" the Studebaker race car placed 40th overall in the Great American Race. PRIVILEGE OF THE FLOOR Tony Cogdell - 841 S. Sheridan - spoke regarding the Starlite Drive Inn on St. Rd. 2. There being no further business to come before the Council, unfinished or new, Council Member Niezgodski made a motion to adjourn, seconded by Council Member Soderberg. The motion carried and the meeting was adjourned at 8:15 p.m. ATTEST: City Clerk APPROVED: President