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HomeMy WebLinkAbout11-26-90 Council Meeting Minutes122 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, November 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 November 13, 1990 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s /Ann Puzzello /s /Thomas Zakrzewski Council Member Coleman made a motion that the minutes of the November 13, 1990, meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Council President Thomas Zakrzewski stated that there are two appointments to the Redevelopment Commission and one appointment to the Human Rights Commission open, and anyone who wishes to apply may do so by sending a resume to the Council office. 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 November 26, 1990, at 7:05 p.m., with nine members present. Chairman Coleman presiding. 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. REGULAR MEETING NOVEMBER 26, 1990 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 tc Council favorable. John Byorni, Planner, Area Plan Commission gave the staff report. Steve Luecke, 1st District Councilman made the presentation on the bill. R. J. Bennett, 1017 Riverside Dr., spoke in favor of the bill. John Oxian, 1533 L.W.W., President Historic Preservation Commission, spoke in favor of the bill. Council Member Zakrzewski made a motion to recommend this bill to Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 68 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 321 SOUTH TUXEDO DRIVE, 2325 EAST JEFFERSON BLVD. AND 2329 EAST JEFFERSON BLVD., IN THE CITY OF SOUTH BEND, INDIANA. BILL NO. 72 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO VACATE THE 1ST EAST -WEST ALLEY SOUTH OF MISHAWAKA AVENUE, RUNNING EAST FROM 20TH STREET TO IRONWOOD DRIVE FOR APPROXIMATELY 565 FEET IN DUNN`S 1ST ADDITION WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. BILL NO. 82 -90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY DESCRIBED AS PARCEL 1: THE 264.87 ACRES KNOWN AS THE TOLL ROAD INDUSTRIAL PARK LOCATED GENERALLY AT THE NORTHWEST CORNER OF NEW CLEVELAND ROAD AND MAPLE /PORTAGE ROADS; PARCEL 2: THE 489.5 ACRES GENERALLY BOUNDED BY OLIVE ROAD ON THE WEST, THE MICHIANA REGIONAL AIRPORT ON THE EAST, U.S. 20 ON THE SOUTH, AND OLD CLEVELAND ROAD ON THE NORTH, IN CITY OF SOUTH BEND, INDIANA. Council Member Puzzello made a motion to continue Bill Nos.68 -90, 72 -90 and 82 -90 to the December 10, 1990 meeting, seconded by Council Member Slavinskas. The motion carried. BILL NO. 88 -90 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 619 N. CUSHING, 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 Council favorable. John Oxian, 1533 L.W.W., President, Historic Preservation Commission made the presentation on the bill. Council Member Zakrzewski made a motion to recommend this bill to Council favorable, seconded by Council Member Luecke. The motion carried. BILL NO. 89 -90 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 723 PARK 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 stated that the Zoning & Vacation Committee met on this bill and recommends it to Council favorable. John Oxian, 1533 L.W.W., President, Historic Preservation Commission made the presentation on the bill. Council Member Luecke made a motion to recommend this bill to Council favorable, 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. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Beth Leonard, Director Financial & Program Management, Economic Development Department made the presentation on the bill. She indicated that the bill would allow for the approval and transfer of Community Development Block Grant Funds from the FHL lender certification project into the Emergency Repair Program. Council Member Luecke made a motion to recommend this bill to Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 94 -90 A BILL OF THE COMMON COUNCIL FOR THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 OF THE SOUTH BEND MUNICIPAL CODE, COMMONLY REFERRED TO AS "SCHEDULE OF ORDINANCE AND CODE VIOLATIONS." Council Member Niezgodski made a motion to continue this bill to the December 10, 1990 meeting, seconded by Council Member Puzzello. 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 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 Luecke made a motion to amend 124" 24 REGULAR MEETING NOVEMBER 26, 1990 �- nn.__narri -a A.. r. -. -Kati_ Humphreys, Controller, 1319 E. Wayne N. made the presentation on Member Niezgodski made a motion to recommend this bill to Council amended, seconded by Council Member Duda. The motion carried. the bill. Co favorable as 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 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 Utilities and Personnel & Finance Committee met on this bill and recommends it to Council favorable. John Leszczynski, City Engineer made the presentation on the bill. He indicated . Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member ' Puzzello. 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 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 and Utilities Committee met on this bill and recommends it to the Council favorable. Council Member Luecke made a motion to amend this bill, seconded by Council Member Voorde. The motion carried. John Leszczynski, City Engineer made the presentation on the bill. J. Edward Talley, 1075 Riverside Dr., spoke opposed to the bill. He stated that he did not believe that the funds for the landfill were necessary, due to the recycling efforts underway in the City. Council Member Niezgodski made a motion to recommend this bill to Council favorable, seconded by Council Member Puzzello. 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. BILL NO. 107 -90 A BILL APPROPRIATING $321,187.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. BILL NO. 108 -90 A BILL APPROPRIATING $53,464 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Voorde made a motion to combine Bill Nos. 106 -90, 107 -90 and 108 -90 for the purpose of public hearing, seconded by Council Member Niezgodski. The motion carried. Beth Leonard, Director Financial Planning, Department of Economic Development made the presentation on the bill. She indicated that the bills are in accordance with the 1991 Community Development Block Grant Application. Council Member Voorde made a motion to recommend Bill No. 106 -90 favorable, seconded by Council Member Luecke. The motion carried. Council Member Niezgodski made a motion to recommend Bill No. 107 -90 favorable, seconded by Council Member Luecke. The motion carried. Council Member Puzzello made a motion to recommend Bill No. 108 -90 favorable, seconded by Council Member Niezgodski. The motion carried. BILLS, THIRD READING ORDINANCE NO. 8141 -90 AN ORDINANCE 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 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. 8142 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 619 N. CUSHING, 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 Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8143 -90 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 723 PARK AVENUE, 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. 12+ ORDINANCE NO. 8144 -90 AN ORDINANCE TRANSFERRING $30,000 AMONG 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 Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8145 -90 AN ORDINANCE 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 third reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Luecke made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of seven ayes and two nays (Council Members Soderberg and Slavinskas.) NO. 8146 -90 AN ORDINANCE 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 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. 8147 -90 AN ORDINANCE 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 third reading. Council Member Voorde made a motion bill, seconded by Council Member Niezgodski. The bill passed by a of nine ayes. ORDINANCE NO. 8148 -90 to pass this roll call vote AN ORDINANCE 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 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. 8149 -90 AN ORDINANCE APPROPRIATING $321,187.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had third reading. Council Member Coleman 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.8150 -90 AN ORDINANCE APPROPRIATING $53,464 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. 90 -64 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 220 S. MICHIGAN TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSE OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR MEANWHILE. Council Member Slavinskas made a motion to continue this bill to ther December 10, 1990 meeting, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 1825 -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 Resolution No. 919 entitled "Resolution of the South Bend Redevelopment Commission Designating and Declarating the Airport Economic Development Area, Approving an Economic Development Plan and Establishing an m 19 -90 - -- Allocation Area for Purposes of Tax Increment Financing" (the "Original Declaratory Resolution "), and the Commission confirmed the Original Declaratory Resolution by adopting Resolution No. 938 on June 27, 1990; and WHEREAS, the Commission on November 9, 1990, approved and adopted Resolution No. 965 entitled "Resolution of the South Bend Redevelopment Commission Amending Resolution No. 919 to Expand the Airport Economic Development Area and Amend the Economic Development Plan for the Airport Economic Development Area" (the "Declaratory Resolution "); and WHEREAS, the Declaratory Resolution amends the Original Declaratory Resolution by expanding the boundaries of the economic development area (such area as so expanded being referred to herein as the "Area ") and the allocation area established by the Original Declaratory Resolution and amending the economic development plan (such ' plan as so amended being referred to herein as the "Plan ") adopted in the Original Declaratory Resolution; and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana (the "Plan Commission "), on November 20, 1990, adopted a 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 I.C. 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 II. The Commission's determination in the Declaratory Resolution that the Area is an "economic development area" pursuant to the Act is hereby approved. SECTION III. This Resolutio 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. Ann Kolata, Deputy Executive Director, Department of Economic Development made the presentation on the bill. She stated that this bill approves the order of the Area Plan Commission related to the Economic Development Plan for the Airport Economic Development Area. Mr. Roger Pendle, 6205 W. Cleveland Rd., spoke opposed to the bill. He stated that he will not give his land away to the City, to be used for a golf course. Ann Kolata, Deputy Executive Director, Economic Development rebutted that the people who are on the acquisition list will be offered fair market value for their parcels of land. She stated that the golf course is still in question. She stated in conclusion, that the property was not in the City of South Bend twenty -five years ago. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. BILLS FIRST READING ' BILL NO. 109 -90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDRESSING THE AMOUNTS OF BENEFITS TO BE RECEIVED BY SURVIVING SPOUSES OF DECEASED POLICE OFFICERS AND FIREFIGHTERS. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing December 10, 1990, seconded by Council Member Luecke. The motion carried. ADJOURNMENT 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 8:25 p.m. ATTEST: APPROVED: City Clerk resident