Loading...
HomeMy WebLinkAbout02-25-91 Council Meeting Minutes163 REGULAR MEETING FEBRUARY 25, 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 25, 1991, 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, 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 February 11, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Dr. Carl Ecker, President of the Humane Society, indicated there was an annual shortage of approximately $30,000 each year that the society must make up for services to South Bend, Mishawaka and St. Joseph County. She indicated it cost $26.50 for each animal picked up in the City, which is lower than many other Indiana cities. She indicated the society and the City were only $2,500 apart in negotiations, and if this cannot be resolved the Society will have to discontinue services on Thursday. Pat DeClercq, Director of Code Enforcement, indicated that the City paid $156,555 in 1990 and has offered a 5% increase to $164,382. 11 RESOLUTION NO. 1843 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AN ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CENTRE TOWNSHIP. WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Centre Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is a 34 acre tract of land located to the south of the City of South Bend and west of the intersection of Jackson and Miami Roads, which tract is proposed to be developed for residential use, which development will require a level of municipal public services basic to the establishment and maintenance of such development, which services shall include services of a non - capital nature, including street and road maintenance, fire and police protection, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, water facilities and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners EM REGULAR MEETING FEBRUARY 25, 1991 of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Centre Township, St. Joseph County, Indiana, described in Exhibit "1" to Attachment "B" hereto and made a part hereof be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. That the Common Council for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Attachment "B ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This Resolution should be in full force and effect upon its adoption by the Common Council and approved by the Mayor. Adopted this day of /s /Donald Niezgodski Member, Common Council 1991. A public hearing was held on the resolution at this time. David Norris, Economic Development, made the presentation for the resolution. He indicated this fiscal plan would establish provision for services to the area proposed to be an annexed by Bill No. 8 -91. Council Member Puzzello made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Soderberg. 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 25, 1991 at 5:25 p.m., with nine members present. Chairman Duda presiding. 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. Council Member Slavinskas made a motion to continue public hearing on this bill indefinitely, at the request of the petitioner, seconded by Council Member Zakrzewski. 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. 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 reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Bernard Feeney, land surveyor, made the presentation for the bill. He indicated this 34 acres just southwest of Miami and Jackson rds. will be combined with 24 acres annexed in December to construct 350 housing units, which will be single - family and duplex units. He indicated all storm water runoff will be contained in retention basins on site. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Soderberg made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. 165 REGULAR MEETING ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: A an FEBRUARY 25, 1991 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 5:33 p.m. Council President Niezgodski presiding and nine members present. - BILLS, THIRD READING ORDINANCE NO. 8172 -91 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had third reading. 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. RESOLUTION NO. 1844 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE INDIANA ALCOHOLIC BEVERAGE COMMISSION TO RECONSIDER ITS POLICY REGARDING THE SALE OF ALCOHOLIC BEVERAGES AT THE SAME LOCATION WHEREAS, the Common Council of the City of South Bend, Indiana, acknowledges that the Indiana Alcoholic Beverage Commission has specific powers and duties pursuant to Indiana Code Section, 7.1 -2 -3 -4 and 905 IAC, 1 -2 -1 et. seq; and WHEREAS, The Council further acknowledges that the Alcoholic Beverage Board of St. Joseph County, pursuant to Indiana Code Section 7.1- 2 -4 -1, is regulated by the Indiana Alcoholic Beverage Commission as to its procedures and investigations as addressed in Indiana Code Section 7.1- 1 -2 -21; and WHEREAS, the Alcoholic Beverage Board of St. Joseph County has had a long standing policy which prohibits the sale of alcoholic beverages at the same location where fuel, gasoline and other petroleum products for motor vehicles are sold; and WHEREAS, the common Council believes that such a local policy properly represents the public safety concerns of our community, and specifically notes that the local Board has consistently implemented this policy; and WHEREAS, the Common Council is concerned over the new direction which the Indiana alcoholic Beverage Commission has taken be recently overruling the local Board's decision on such a request. 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, acknowledges that the Indiana Alcoholic Beverage Commission and the Alcoholic Beverage Board of St. Joseph County have specific powers and duties granted to it by State legislation. SECTION II. The Common Council believes that the Indiana Alcoholic Beverage Commission should re- evaluate the new direction it has recently taken in reversing the local Board's decision which denied the sale of alcoholic beverages at the same location where fuel, gasoline, and other petroleum products are proposed to be sold. SECTION III. The Common Council firmly supports the Alcoholic Beverage Board of St. Joseph County and its long standing policy to deny such requests since our local policy is firmly supported by overriding public health and safety concerns. SECTION IV. This Resolution shall be in full force and effect 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 66 REGULAR MEETING /s/ Eugene Ladewski Eugene Ladewski, At Large /s/ Irene K. Gammon /s/ Joseph E. Kernan Irene Gammon, City Clerk Joseph E. Kernan, Mayor FEBRUARY 25, 1991 A public hearing was held on the resolution at this time. Council Member Slavinskas made the presentation for the resolution. Jack Albertson, 1968 Thornhill, director of the Indiana Liquor Store Association, indicated their biggest concern is the availability of beer and wine in convenience stores. Barbara Stanley, Elkhart County president of MADD, indicated liquor and alcohol do not mix. Joseph Oletti, package liquor store owner, spoke in favor of this resolution. He indicated they were in full support of the local ABC Board. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1845 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA — APPROVING THE SALE OF PROPERTY AT 1716 SOUTH MICHIGAN STREET WHEREAS, the City of South Bend, Indiana is the owner of the following described real property situated in St. Joseph County, Indiana: Lots #1 and #2 of Dubail's First Addition, commonly known as 1716 South Michigan Street, South Bend, Indiana (hereinafter, the "Real Property ") which site formerly housed the South Sector Police Substation; and WHEREAS, the Real Property currently stands vacant, no longer serves as a Police Department Substation, nor serves any use of the City of South Bend, and it is not contemplated that the Real Property will be put to any such use; and WHEREAS, on December 31, 1991, the Board of Public Works of the City of South Bend, Indiana, (hereinafter, the "Board" received a request from Ms. Cleone Hickey, of the City's Department of Redevelopment, that the Real Estate be offered for public sale, that the appraisal of the property performed by B. David Huntington and Associates, valuing the Real Estate at between $21,500.00 and $24,000.00, be accepted, and establishing a minimum offering price of $24,000.00 for the Real Estate; and WHEREAS, on December 31, 1990, the Board approved the request to offer the Real Estate for public sale, ratified the procurement of and accepted for filing the appraisal of B. David Huntington and Associates, appointed M. Cleone Hickey, as an employee of the City of South Bend familiar with the Real Estate, to perform a second appraisal of the property and to return the same to the Board, established a minimum offering price of $24,000.00 for the Real Estate based on the appraisal of B. David Huntington and Associates, and set January 28, 1991, at 9:30 a.m. as the close of the time during which bids on the Real Estate would be accepted; and WHEREAS, on December 31, 1990, pursuant to I.C. 36- 1 -11 -3, Mayor Joseph E. Kernan designated the Board as his agent for purposes of conducting the Public Hearing on the sale of the Real Estate; and WHEREAS, on January 7, 1991, the Board set January 28, 1991, at 9:30 a.m. as the date and time at which it would hold the public hearing, as designee of the Mayor, on the disposal of the Real Estate; and WHEREAS, notice of the sale of the Real Estate and notice of the Public Hearing on the disposal of the Real Estate, were published in accordance with I.C. 5 -3 -1; and WHEREAS, on January 28, 1991, the Board accepted for filing the appraisal of the Real Estate returned to it by Ms. Cleone Hickey, which appraisal valued the Real Estate as between $19,980.00 and $27,540.00, conducted and closed the public hearing on the disposal of the Real Estate, publicly read the sole offer received for sale of the Real Estate, that being the offer of James Locker, realtor, as authorized agent of James E. and Retha M. Kalka, offering to purchase the Real Estate for $24,000.00; and WHEREAS, on January 28, 1991, the Board, voting unanimously, approved the sale of the Real Estate to James E. and Retha M. Kalka for $24,000.00, subject to the approval of the South Bend Common Council; and WHEREAS, the approval of the sale of the Real Estate is subject to the approval of the South Bend Common Council, pursuant to I.C. 36- 1- 11 -3(c), as the appraised value of the Real Estate exceeds Ten Thousand Dollars ($10,000.00). NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the following described real property, situated in St. Joseph County, Indiana, is owned by the City of South Bend, Indiana; Lots #1 and #2 of Dubail's First Addition, commonly known as 1716 South Michigan Street, South Bend, Indiana, (hereinafter, the Real Property) REGULAR MEETING gel FEBRUARY 25, 1991 2. That the Real Property was formerly used to house the South Sector Police Substation of the South Bend Police Department, that the Real Property currently stands vacant, no longer serves as a Police Substation, nor serves any other use of the City of South Bend, and that the City of South Bend does not contemplate putting the Real Property to any use to serve any need of the City of South Bend. 3. That the Common Council of the City of South Bend, Indiana, hereby finds it to be in the best interest of the City of South Bend to dispose of the Real Estate by way of sale of the Real Estate to James E. and Retha M. Kalka for $24,000.00. 4. This Resolution shall be in full force and effect upon adoption by the Council and approval of the Mayor. /s/ Donald Niezqodski Member of the Common Council A public hearing was held on the resolution at this time. Jenny Pitts Manier, assistant city attorney, made the presentation for the resolution. She indicated this property formerly housed the police department's south sector, and it is currently vacant. She indicated the Board of Public Works recently approved a request to sell the property and accepted an offer of $24,000. Council's approval is necessary whenever the City contemplates selling real estate valued in excess of $10,000. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Slavinskas. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1846 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /TRANSFER STATIONS LICENSES FOR THE CALENDAR YEAR 1991 WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk /scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk /and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk /and recycling dealers; WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk /and recycling operations have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on February 18, 1991, recommended the issuance of licenses for the below listed applicants in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the license applications for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made in January and February, 1991, and subsequent favorable recommendations by the Board of Public Works: A -1 Auto Parts Boliden Metech, In. Hurwich Iron Company, Inc. Hurwich Iron Company, Inc. Hurwich Iron Company, Inc. Hurwich Iron Company, Inc. North Side Iron & Paper Company South Bend Bailing & Iron Company South Bend Iron & Metal Company South Bend Scrap & Processing South Bend Scrap & Processing South Bend Waste Paper Company Steve & Gene's Auto Truck Salvage Super Auto Salvage Corporation Weaver Truck & Equipment Company Western Avenue Iron & Metal Company 2014 S. Lafayette 445 N. Sheridan 1610 Circle Ave. 2016 W. Washington 1700 S. Lafayette 1602 S. Lafayette 3123 S. Gertrude 1320 S. Walnut 429 W. Indiana 3114 S. Gertrude 1305 Prairie Ave. 1519 S. Franklin 3109 S. Gertrude 3300 S. Main St. 3700 S. Gertrude St. 3123 S. Gertrude St. SECTION II. 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 teft FMQ REGULAR MEETING FEBRUARY 25, 1991 A public hearing was held on the resolution at this time. Patricia DeClercq, Director of Code Enforcement, made the presentation for the resolution. She indicated that inspections were made of these properties for fire and environmental violations, proper maintenance of the premises and the surrounding fencing. She indicated there were no violations. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. UNFINISHED BUSINESS Council Member Puzzello made a motion to set Bill nos. 3 and 6 -91 for public hearing and third reading on March 11, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR Margaret Woods, 139 E. Ewing; Chris Zakinski, 3221 Voll Lane; Vicki Black, 1218 E. Dayton, spoke regarding Bowman creek flooding. Gene Holewinski, 109 Peashway, spoke regarding I &M taking down the old globe lights and replacing them with new lights. He indicated his neighborhood wanted to retain the old lights. 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 6:15 p.m. ATTEST: Citerk APPROVED: