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HomeMy WebLinkAbout11-13-90 Council Meeting Minutes116 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Tuesday, November 13, 1990, at 5:00 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 October 22, 1990 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Coleman made a motion that the minutes of the October 22, 1990, meeting of the Council be accepted and placed on file, seconded by Council Member Luecke. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1822 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT GOVERNOR BAYH APPOINT JUDGE JEANNE M. JOURDAN TO THE SUPREME COURT OF INDIANA. WHEREAS, the Common Council of the City of South Bend, Indiana, notes with extreme pride that Judge Jeanne M. Jourdan has been selected as one (1) of three (3) finalists for the State Supreme Court; and WHEREAS, the Council notes that she is the third woman to be nominated for a position on the State's highest Court since the institution of a merit selection process began in 1970; and WHEREAS, Judge Jourdan has served as presiding Judge of the Superior Court of St. Joseph County, Indiana, for four (4) of her ten (10) years on the bench; and WHEREAS, Judge Jourdan also serves as an Adjunct Professor of Law at the Notre Dame Law School and has taught at the Law School since 1984; and WHEREAS, the Common Council notes that Judge Jourdan has been a resident of the City of South Bend and St. Joseph County for the past twenty -five (25) years; and WHEREAS, the Council notes that the Honorable Judge Jourdan served on the City Attorney's Staff in 1975 in a part -time capacity with the responsibility of defending tort litigation involving the South Bend Police Department; and WHEREAS, even though Judge Jourdan has ruled against the City of South Bend in recent litigation; the City believes that she is the most qualified candidate to become the next Supreme Court Justice for the State of Indiana. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council recommends that Governor Bayh appoint Superior Court Judge Jeanne M. Jourdan to be the next Supreme Court Justice for the State of Indiana. SECTION II. The Common Council urges all other private and civic organizations of South Bend to write to Governor Bayh in support of this extremely qualified candidate for the Indiana Supreme Court. 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 Ann Puzzello, Fourth District Linas Slavinsaks, Fifth District Thomas Zakrzewski, Sixth District Sean Coleman, At Large Loretta Duda, At Large John Voorde, At Large 1/7 Irene Gammon, City Clerk Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Kathleen Cekanski - Farrand, City Council Attorney, Ann Puzzello, 4th District Council Member, Loretta Duda, Council Member At Large made the presentation on the bill. Kathleen Cekanski - Farrand stated that she and Judge Jourdan were together in the first female law practice in St. Joseph County. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Coleman. 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 Tuesday, November 13, 1990, at 5:15 p.m., with nine members present. Chairman Coleman presiding. BILL NO. 90 -90 A BILL INCREASING APPROPRIATIONS AND REDUCING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1989. 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 Voorde made a motion to amend this bill by substitution, seconded by Council Member Coleman. The motion carried. Katie Humphreys, City Controller, made the presentation on the bill. She indicated that the bill outlines the request for increasing appropriations and reducing appropriations with various departments in the General Fund. She stated that the increases reflect unanticipated expenses for the year 1990 as well as the interest on the tax warrants. Council Member Puzzello stated that the Personnel & Finance Committee met on this bill and recommends it to the Council favorable. Council Member Niezgodski made a motion to recommend this bill to Council favorable, as amended, seconded by Council Member Voorde. BILL NO. 91 -90 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS 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 Voorde made a motion to amend this bill by substitution, seconded by Council Member Voorde. The motion carried. Katie Humphreys, City Controller made the presentation on the bill. She indicated that this bill allows departments to transfer money from one line item to another line item within their department. Council Member Puzzello stated that the Personnel & Finance Committee met on this bill and recommends it to Council favorable, as amended. Council Member Voorde made a motion to recommend this bill to Council, favorable as amended, seconded by Council Member Niezgodski. The motion carried. BILL NO. 92 -90 A BILL TRANSFERRING $30,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. Council Member Luecke made a motion to continue this bill to the November 26, 1990 meeting, seconded by Council Member Niezgodski. The motion carried. BILL NO. 93 -90 A BILL OF THE COMMON COUNCIL FOR THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 20, ARTICLE 1, SECTION 20 -18 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 Niezgodski stated that the Public Works Committee met on this bill and recommends it to Council favorable. Terry Coleman, Auditor, City of South Bend Department of Administration and Finance, made the presentation on the bill. He stated that this bill is a multifaceted plan being undertaken by the City to make more efficient and self - supporting parking facilities operated by the City and to ensure the increased effectiveness of parking restrictions in effect within the City. He indicated that the increase in the penalty for violation of on- street parking restrictions from $3.00 to $5.00 and from $10.00 to $15.00 for late payment of such fines. Mike Seitz, South Bend /Mishawaka Chamber of Commerce, spoke in favor of the bill. He stated that this bill will benefit all of the retailers in the downtown area. Carter Wolf, Center City Associates, spoke in favor of the bill. He stated that the downtown merchants whose only means of parking for their customers is off - street parking will now have adequate availability. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 95 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING PARKING RATES FOR PARKING GARAGES AND PARKING LOTS OPERATED BY THE BOARD OF PUBLIC WORKS OF 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 Niezgodski stated that the Public Works Committee met on this bill and recommends it to the Council favorable. Terry Coleman, Auditor, Department of Administration and Hy Finance, made the presentation on the bill. He stated that this bill is us being undertaken by the City to make more efficient and self- supporting downtown parking facilities operated by the City and to ensure the increase effectiveness of parking restrictions in effect within the City. Carter Wolf, Center City Associates, spoke in favor of the bill. Council Member Niezgodski made a motion to recommend this bill to Council favorable, as amended, seconded by Council Member Duda. The motion carried. BILLS, THIRD READING ORDINANCE NO. 8137 -90 AN ORDINANCE INCREASING APPROPRIATIONS AND REDUCING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1989. 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, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8138 -90 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1990. 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 Niezgodski. 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. ORDINANCE NO. 8139 -90 AN ORDINANCE OF THE COMMON COUNCIL FOR THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 20, ARTICLE 1, SECTION 20 -18 OF THE SOUTH BEND MUNICIPAL CODE. This bill had third reading. Council Member Niezgodski made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8140 -90 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING PARKING RATES FOR PARKING GARAGES AND PARKING LOTS OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. 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 Voorde 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. 1823 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 445 NORTH SHERIDAN AVENUE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR BOLIDEN METECH, INC. 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 445 North Sheridan Avenue, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the Southwest 1/4 of Section 4, Township 37, North, Range 2 East located in Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the West line of Sheridan Avenue (80 foot right -of -way) 420.19 feet North (assumed bearing) of the North line of Linden Avenue (80 foot right -of -way) which point is also 207 feet West and 460.19 feet North of the Southeast corner of said Southwest 1/4 of Section 4; thence Northerly along said West line of Sheridan Avenue 673.22 feet to the Southerly right -of -way line of the Consolidated Rail corporation (formerly the New York Central Railroad); thence North 79o18130" West along said Southerly right -of -way line of the Consolidated Rail Corporation 429.83 feet; thence South 0008'15" West 749.04 feet to a point 418.30 feet North 00o03115" East of the North line of Linden Avenue; thence East perpendicular to the West line of Sheridan Avenue 370.56 feet to the point of beginning, containing 6.268 acres, more or less. 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 purpose 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 personal 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 personal property tax deduction for a period of five (5) 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. Ernest Szarwark, Attorney, Barnes & Thornburg, 600 1st Source Bank Center, made the presentation on the bill. He indicated that the petitioner is in the recycling industry. It grinds and pulverizes scrap electrical equipment and recovers various types of metals and raw plastic through a mechanical, non - polluting process. This allows the metals to be reclaimed and reused, and also produces plastic which can, similarly, be reused through various industrial processes. He indicated that the project in question is the acquisition of $150,000 of new manufacturing equipment. This project will enable the company to retain 20 existing employees with an annual salary of approximately $417,000 a year, and to add two new employees with annual salaries in the range of $28,000 per year. He also indicated that Boliden Metech, Inc., agrees to work with the Employment Training Services of St. Joseph County. 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. RESOLUTION NO. 1824 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR 1991 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for Community Development Block Grant Funds under Title I of the Housing and Community Development Act of 1974, as amended. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to submit the 1991 Community Development Block Grant Application to the United States Government under Title I of the Housing and Community Development Act of 1974, as amended, and take all other necessary actions to secure funds. SECTION II. That the Common Council of the City of South Bend, Indiana hereby requests that the Mayor submit the 1991 Community Development Block Grant Application to the Common Council for review and comment prior to the date upon which the Community Development Block Grant Application must be filed with the Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Community Development Block Grant funds received upon approval of this application. SECTION IV. That 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 Luecke stated that the Human Resources and Economic Development Committee met on this bill and recommends it to the Council favorable. Beth Leonard, Director, Financial and Program Management, Department of Economic Development made the presentation on the bill. She indicated that the bill will allow the City of South Bend to submit an application to the United States Department of Housing and Urban Development for 1991 Community Development Block Grant funds. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING 120 REGULAR MEETING NOVEMBER 13, 1990 BILL NO. 96 -90 A BILL ANNEXING TO AND BRINING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing December 10, 1990, seconded by Council Member Voorde. The motion Carried. BILL NO. 97 -90 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING NEW SECTIONS 21- 11.1(B) AND 21 -89.5 TO ALLOW HOSPITALS AND EMERGENCY MEDICAL CARE SERVICE CENTERS IN THE EAST BANK AREA OF THE CITY OF SOUTH BEND AS PERMITTED USES AND TO ESTABLISH THE OFF STREET PARKING SCHEDULE FOR THESE USES. This bill had first reading. Council Member Slavinskas made a motion to refer this bill to Area Plan, seconded by Council Member Luecke. The motion carried. BILL NO. 98 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY DESCRIBED AS A PORTION OF THE TOLL ROAD INDUSTRIAL PARK LOCATED GENERALLY AT THE NORTHWEST CORNER OF NEW CLEVELAND ROAD AND MAPLE /PORTAGE ROADS; 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. 99 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 18106 IRELAND ROAD 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. 100 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3900 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 Coleman. The motion carried. BILL NO. 101 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE EAST SIDE OF PORTAGE ROAD 385 FEET NORTH OF THE MAPLE ROAD AND PORTAGE ROAD INTERSECTION 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. 102 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTH EAST CORNER OF LINDEN AVENUE AND CLEMENS STREET EXTENDING NORTH ON CLEMENS 988.71 FEET AND EAST OF LINDEN 480 FEET, 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 Coleman. The motion carried. BILL NO. 103 -90 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1991 AND ENDING DECEMBER 31, 1991 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing November 26, 1990, seconded by Council Member Voorde. The motion carried. BILL NO. 104 -90 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNT TO VARIOUS ACCOUNT WITHIN VARIOUS ACCOUNT TO VARIOUS ACCOUNT WITHIN VARIOUS ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1990. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing November 26, 1990, seconded by Council Member Luecke. The motion carried. BILL NO. 105 -90 A BILL APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $105,000.00 WITHIN THE SEWAGE WORKS OPERATIONS FUNDS (641), AND $42,000.00 WITHIN THE SOLID WASTE OPERATIONS FUNDS (610), ALL FUNDS BEING A PART OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1990. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing November 26, 1990, seconded by Council Member Voorde. The motion carried. BILL NO. 106 -90 A BILL APPROPRIATING $2,741,479 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATING SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1991 TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing November 26, 1990, seconded by Council Member Voorde. The motion carried. BILL NO. 107 -90 A BILL APPROPRIATING $321,187.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing November 26, 1990, seconded by Council Member Voorde. The motion carried. BILL NO. 108 -90 A BILL APPROPRIATING $53,464 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing November 26, 1990, seconded by Council Member Coleman. The motion carried. NEW BUSINESS Reports from Area Plan: Bill No. 88 -90 - Historic Landmark 619 N. Cushing Bill No. 89 -90 - Historic Landmark 723 Park Avenue Council Member Slavinskas made a motion to set the above mentioned bills for public hearing and third reading on November 26, 1990, seconded by Council Member Luecke. 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 6:10 p.m. ATTEST: z f 7a'� ty Clerk APPROVED: 2 � President 1.2-