Loading...
HomeMy WebLinkAbout02-11-91 Council Meeting Minutes157 REGULAR MEETING FEBRUARY 11, 1991 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, February 11, 1991, 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, Duda, Coleman and Ladewski 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 February 11, 1991 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Tom Zakrzewski /s /Don Niezgodski Council Member Coleman made a motion that the minutes of the January 28, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1839 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMEMORATING THE COUNTLESS CONTRIBUTIONS MADE TO OUR COMMUNITY BY THE LATE VIRGINIA MARY GUTHRIE. WHEREAS, the residents of the City of South Bend are saddened by the passing of a lifelong resident of the City, Virginia Mary Guthrie, and WHEREAS, Miss Guthrie dedicated her life to "civic betterment: and saw it as her duty to "help the public official improve the community "; and WHEREAS, Miss Guthrie earned the respect of many by her thorough research, probing questions, thoughtful alternatives, and politeness; and WHEREAS, some of Miss Guthrie's many duties included service on the South Bend Civic Planning Association from 1946 to 1974; Editor of the Civic Cinema Guidebook; member of Saint Mary's College Board of Lay Trustees from 1955 to 1961, Chairperson of Saint Mary's College National Public Relations and Development Council, member of the City and County Building Advisory Committee; member of the Indiana State Chamber of Commerce Legal Budget Study School; member of the South Bend Press club, St. Joseph County Tuberculosis League, American Red Cross, Civil Defense deputy director, director of Altrusa; and member of St. Patrick's Catholic Church. WHEREAS, our entire community has suffered a loss by the passing of this caring civic servant who inspired public and private citizens by her example. NOW, THEREFORE, BE IT RESOLVED 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 hereby publicly commemorates the late Virginia Mary Guthrie for a life devoted to civic betterment and civic pride. SECTION II: As the South Bend Tribune wrote in its editorial of February 4, 1991, "there was only one Virginia Guthrie." 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 /Stephen Luecke s/ Ann Puzzello Stephen Luecke, First District Ann Puzzello, Fourth District /s /Donald Niezgodski /s/ Linas Slavinskas Donald Niezgodski, Second District Linas Slavinskas, Fifth District /s/ William Soderberg /s/ Thomas Zakrzewski William Soderberg, Third District Thomas Zakrzewski, Sixth District /s/ Sean Coleman /s/ Loretta Duda Sean Coleman, At Large Loretta Duda, At Large /s/ Eugene Ladewski Eugene Ladewski, At Large A public hearing was held on the resolution at this time. Council Member Ladewski read the resolution. Council Member Puzzello made a motion to adopt this 15� REGULAR MEETING FEBRUARY 11, 1991 resolution, seconded by Council Member Zakrzewski. The resolution passed by a roll call vote of nine ayes. RESOLUTION NO. 1840 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONDEMNING THE BRUTAL ACTIONS OF THE SOVIET MILITARY IN LITHUANIA, LATVIA AND ESTONIA AND URGING ELECTED LEADERS TO SUPPORT THE ECONOMIC STABILIZATION OF INDEPENDENT BALTIC STATES. WHEREAS, Soviet Union President Gorbachev has deployed troops to the Baltic States, resulting in widespread brutality, repression and the deaths of 15 unarmed citizens in Lithuania and 5 Latvian citizens; and WHEREAS, the Soviet regime, through these and other aggressive actions, is attempting to overthrow the democratically - elected governments of Lithuania, Latvia and Estonia; and WHEREAS, the United States never recognized the forcible annexation and subsequent occupation of the Baltic States into the Soviet Union; and WHEREAS, the Baltic States have been the leaders of "perestroika," that is, economic and democratic reform, within the Soviet Union; and WHEREAS, these democratic developments in Lithuania and other Baltic States represent the accomplishment of goals and aspirations long supported by the government as well as the people of the United States of America; and WHEREAS, the government of Lithuania has appealed for formal diplomatic recognition by democratic nations; and WHEREAS, the government of Lithuania has recently issued an urgent pleas for support by the United States and all democratic nations to protect the independence and democracy of Lithuania; and WHEREAS, the United States Senate has recently adopted a resolution (Senate Resolution 12) calling upon Soviet President Gorbachev to refrain from "coercive tactics against the democratically elected government of Lithuania, Latvia and Estonia ... at the time when the world, including the Soviet Union itself, is united in opposition to the forcible annexation of another small nation, Kuwait, by its brutal neighbor, Iraq "; and WHEREAS, Saturday, February 16, 1991 marks the 73rd anniversary of Lithuania's Declaration of Independence (February 16, 1918), which was recognized by the Soviet Union in 1920. 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 hereby condemns the brutal actions of the Soviet military in their attempt to overthrow the freely and democratically elected governments of Lituania, Latvia and Estonia. SECTION II: The Council urges President Bush, as well as our Senate and Congressional representatives to support the economic stabilization of independent Baltic States. SECTION III: The Council specifically urges Congressman Roemer to support House Resolution 559, which makes greatly Most Favored Nation status for the USSR conditional on Baltic independence, and urges Senator Coats and Senator Lugar to support Senate Bill 9, which amends U.S. foreign aid policy toward countries in transition from communism to democracy by extending such aid directly to the republic level. SECTION IV: The Council urges President Bush to extend full diplomatic recognition to The Republic of Lituania immediately. SECTION V: The Council requests that certified copies of this Resolution be sent to: President George Bush, Congressman Tim Roemer, Senator Dan Coats, Senator Richard Lugar as well as the Lituanian legation in the United States. SECTION VI: This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Linas K. Slavinskas Member of the Common Council /s/ Loretta Duda Member of the Common Council A public hearing was held on the resolution at this time. Council Members Slavinskas and Duda made the presentation for the resolution. K.C. Pocius, 312 Taylor; Susan Bullock, 843 Forest; Toni Pocius, 312 S. Taylor; two Notre Dame Students; Rosemary Green 21315 Forest Glen; Marie Belunas, 940 Clover and Ralph Johnson, 734 N. Cushing, spoke in favor of this resolution. Council Member Coleman 159 REGULAR MEETING FEBRUARY 11, 1991 made a motion to adopt the resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. REPORTS OF CITY OFFICES Johnnie Martinez, Director of Potawatomi Zoo, gave status report on the zoo visitation, as ell as the animals. He brought to aye -ayes, from Madagascar, to show to the Council. Council Member Zakrzewski made a motion to resolve into the Committee of the Whole, seconded by Council Member Ladewski. The motion carried 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 February 11, 1991 at 7:35 p.m., with nine members present. Chairman Duda presiding. 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 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 this bill and recommended it to the Council favorable. John Byorni, Area Plan, gave the staff report, which was favorable. George Herendeen, attorney for the petitioner, made the presentation for the bill. He indicated Midwest Acceptance Corporation planned to build a 122 unit multiple - family apartment complex. He indicated the project will provide one, two and three bedroom townhouses at the rate of $400 to $600 a month. He indicated the project will cost an estimated $10 million dollars. Ralph Johnson, 734 N. Cushing, spoke in favor of this project. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. Council Member Slavinskas made a motion to suspend the rules and allow United States Congressman Tim Roemer to speak on Resolution 91 -10, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. Congressman Roemer indicated he would take this resolution back to Washington. He indicated Congress has been slower to act on the Persian Gulf crisis than the City Council. BILL NO. 7 -91 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST NORTH -SOUTH ALLEY WEST OF LELAND AVE., LOCATED BETWEEN THE SOUTH RIGHT -OF -WAY LINE OF ASHLAND AVENUE., FOR A DISTANCE OF APPROXIMATELY 180 LINEAR FEET. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no presenter for the resolution, opponents were given an opportunity to be heard. Mike Anthony, 815 N. Leland, indicated he could not use his garage if this entire alley was vacated. Joyce Kanewski, 820 Ashland, indicated the value of her property would decline if this alley was closed. Council Member Luecke made a motion to send a letter to the petitioner notifying him that this was continued until February 25, seconded by Council Member Coleman. The motion carried. BILL NO. 8 -91 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. Council Member Slavinskas made a motion to continue public hearing on this bill until February 25, in order that a fiscal report could be prepared, seconded by Council Member Coleman. The motion carried. BILL NO. 9 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4 -60 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND COMMONLY KNOWN AS "TRANSIENT MERCHANTS. Council Member Puzzello made a motion to continue this bill indefinitely, seconded by Council Member Niezgodski. The motion carried. Council Member Coleman made a motion to combine public hearing on Bill No. 10 and 11 -91, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 10 -91 A BILL APPROPRIATING $4,140.00 FROM THE HAZMAT FUND TO PURCHASE ADDITIONAL EQUIPMENT. BILL NO. 11 -91 A BILL APPROPRIATING $ 466,652.00 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND TO FUND LEASE /PURCHASE PAYMENTS AND EQUIPMENT PURCHASES. This being the time heretofore set for public hearing on the above bills, proponents REGULAR MEETING FEBRUARY 11, 1991 and opponents were given an opportunity to be heard. Council Member Soderberg indicated the Zoning and Vacation Committee had met on these bills and recommended them to the Council favorable. Fire Chief Luther Taylor made the presentation for the bills. He Bill No. 10 -91 would appropriate funds to finish equipment purchased last last year; and Bill No. 11 -91 would allow for the annual lease payments on existing equipment and to make no equipment purchases. Council Member Coleman made a motion to recommend Bill No. 10 -91 to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 12 -91 A BILL AUTHORIZING TAX ANTICIPATION TIME WARRANTS FOR 1991. 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 favorable, as amended. Council Member Puzzello made a motion to accept the substitute bill on bill with the City Clerk, seconded by Council Member Coleman. The motion carried. John Leisenring, Deputy Controller, made the presentation for the bill. He indicated this bill would authorize the City to borrow $6,240,000 in Tax Anticipation Warrants for the General Fund and $900,000 for the Park Maintenance Fund. He indicated these loans will be repaid with the December tax settlement. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Niezgodski. 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 Luecke. The motion carried. ATTEST; ATTEST: City Clerk REGULAR MEETING RECONVENED airy an 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 8:10 p.m. Council President Niezgodski presiding and nine members present. ORDINANCE NO. 8168 -91 AN ORDINANCE 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 third reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8169 -91 AN ORDINANCE APPROPRIATING $4,140.00 FROM THE HAZMAT FUND TO PURCHASE ADDITIONAL EQUIPMENT. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Luecke. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8170 -91 AN ORDINANCE APPROPRIATING $466,652.00 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND TO FUND LEASE /PURCHASE PAYMENTS AND EQUIPMENT PURCHASES. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Luecke. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8171 -91 AN ORDINANCE AUTHORIZING TAX ANTICIPATION TIME WARRANTS FOR 1991. This bill had third reading. Council Member Coleman made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1841 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE INDIANA GENERAL ASSEMBLY TO PASS A LAW TO PROHIBIT THE DRINKING OF ALCOHOL WHILE DRIVING. WHEREAS, more than forty (40) of the fifty (50) States have State legislation which prohibits the drinking of alcohol while driving a motor vehicle; and 161 House; and WHEREAS, the Bill had the support of the Governor's Task Force to Reduce Drunk Driving, the Indiana State Police, and the insurance industry, and thousands of Hoosiers throughout the State of Indiana; and WHEREAS, the Common Council of the City of South Bend, Indiana believes that a law of this type would be an instrumental tool in assisting law enforcement officers against drunk driving; and WHEREAS, the City of South Bend believes that our elected officials in both the House and Senate, which represent this area, should take aggressive action in seeing that a law that is so strongly needed is passed. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I: On behalf of the citizens of the City of South Bend, Indiana, the Common Council urges the Indiana General Assembly to pass a strict State law which prohibits the drinking of alcoholic beverages while driving a motor vehicle. SECTION II: The Common Council urges that all other private and civic organizations and concerned citizens write to their State Representatives and Senators urging them to pass this important State law. SECTION III: The Common Council requests that a copy of this Resolution be sent to each of the State Representatives and Senators representing the City of South Bend, and also to each of the members of the Public Policy, Ethics and Veterans Affairs Committee of the Indiana House. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Stephen Luecke Stephen Luecke, First District /s /Donald Niezgodski Donald Niezgodski, Second District s/ Ann Puzzello Ann Puzzello, Fourth District /s/ Linas Slavinskas Linas Slavinskas, Fifth District /s/ William Soderberg /s/ Thomas Zakrzewski William Soderberg, Third District Thomas Zakrzewski, Sixth District /s/ Sean Coleman /s/ Loretta Duda Sean Coleman, At Large Loretta Duda, At Large /s/ Irene K. Gammon Irene Gammon, City Clerk /s/ Eugene Ladewski Eugene Ladewski, At Large /s/ Joseph E. Kernan Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Duda made the presentation for the resolution. Doug Bargarus, president of the FOP; Max Moore, 602 Harrison; Jan Perkins 806 S. Illinois; spoke in favor of this resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Luecke made a motion to suspend the rules and have public hearing on Resolution No. 91 -12, seconded by Council Member Coleman. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 1842 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS (RAD SERVICES, 705 NORTH ST. JOSEPH STREET) WHEREAS, Indiana Code, 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code, 5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council has a period of thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council, in which to take formal action; and WHEREAS, if it approves a Petition, the Common Council must make the determination in writing as required by Indiana Code 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that it grant an exception to allow a parking lot in a "B" Residential Use District, 162 REGULAR MEETING here the area is adjacent to a commercial district. FEBRUARY 11, 1991 NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I: The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code, 5 -14- 1.5.5. SECTION II: Following presentation by the Petitioner, and proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning appeals, Appeal No. 3576, a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of identification as Exhibit A. SECTION II. The Common Council finds that: (1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community; (2) The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; (3) The need for the special exception arises from some conditions peculiar to the property involved; (4) The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which the special exception is sought; and (5) The approval does not interfere substantially with the comprehensive plan adopted by the City. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are attached hereto and incorporated herein and marked for purposes of identification as Exhibit B. SECTION V. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Richard Morgan, attorney for the petitioner, made the presentation for the resolution. He indicated RAD Services needs to expand their facilities and this expansion will take up most of their existing parking space. He indicated they plan to purchase the lot contiguous to their existing lot for the purpose of constructing a parking lot. He indicated this new lot will alleviate part of the parking congestion problem on the streets in the neighborhood. John Cergnul, Business Manger for RAD, indicated the space they have in the present building is limited and they need the addition to the building. Council Member Luecke 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 BILL NO. 13 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1112, 1118, 1122 SOUTH IRONWOOD DRIVE IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. NEW BUSINESS Council Member Zakrzewski made a motion to set the February 25, 1991, meeting at 5:00 p.m., seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR Ralph Johnson, 734 N. Cushing, asked that a new resolution be passed regarding local measured service. 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 9:58 p.m. ATTEST; City Clerk APPROVED: