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HomeMy WebLinkAbout08-12-91 Council Meeting Minutes224 REGULAR MEETING AUGUST 12, 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, August 12, 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 July 22, 1991 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Tom Zakrzewski /s /Don Niezgodski Council Member Zakrzewski made a motion that the minutes of the July 22, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of Committee of the Whole on August 12, 1991 at 7:04 p.m., Chairman Duda presiding. BILL NO. 29 -91 A BILL AMENDING THE ZONING ORDINANCE SOUTHWEST CORNER OF EWING AVENUE AND OF SOUTH BEND, INDIANA, FOR MERVIN Al South Bend met in the with nine members present. FOR PROPERTY LOCATED AT THE IRONWOOD ROADS, IN THE CITY qD DELORIS PURSER. 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, as amended. John Byorni, Area Plan, indicated the staff was in favor of the amended site plan for this location. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Kenneth Fedder, attorney for the petitioner, made the presentation for the bill. He indicated the original proposal had been redesigned to eliminate the car wash and move the service bays to face Ewing St. He indicated that only half of the proposed area would be rezoned and that a commitment would be drawn up on the balance of the property to indicated that it would remain "A" residential, and this property would serve as a buffer to the residential area. George Roberts, attorney for the Mr. & Mrs. Purser, spoke in favor of this zoning. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 46 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 13, ARTICLE V, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY ADDING NEW SECTION 13 -75.1 ENTITLED "REAL ESTATE WHICH IS USED FOR THE ILLEGAL USE OR SALES OF NARCOTICS OR CONTROLLED DANGEROUS SUBSTANCES." 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 indicated the Public Safety Committee had met on this bill and it was being sent to the Council with no recommendation Council Member Luecke made the presentation for the bill. He indicated this bill would be a useful enforcement tool to help neighborhoods gain the peace they desire. He indicated this bill would target landlords who repeatedly rent their properties to drug dealers. He indicated most landlords do a good job of screening perspective tenants and they do not want drug dealers on their property. He indicated when there is evidence of such dealings this bill would assist the landlords by providing evidence and police protection. He indicated that after notification from the City, the landlord would have thirty days to begin the process of eviction with a fine of $50 to $2500 a day for failure to comply. Jeff Jankowski, assistant city attorney, indicated the police would make a thorough investigation, and then the police and the legal department would weigh the evidence and if it was sufficient they would notify the landlord. Barbara Gato, 808 Golden, a representative of the Near Northwest Neighborhood, spoke in favor of the bill. Chief Ronald Marciniak indicated we want drug dealers to move completely X25 out of the City. Jim Caldwell, administrative assistant for neighborhoods, spoke in favor of this bill. Melvina Prince, 1608 N. Olive; Mario Sims, President Northwest Neighborhood, 1019 N. Johnson, Ron Reynolds, 314 E. Haney; Rex Thomas, planning committee chairman for the Far Westside Neighborhood; Jerry Ivacic, 2239 Topwood, spoke in favor of this bill. T. Brooks Brademas, 425 N. Michigan, indicated that bill could prove unconstitutional. Vicki Black, 1218 Dayton; Keith Henry, 2733 Lincolnway West; Nancy Peterson, 1200 Colfax; Thomas Burnett, 1216 King; James Glide, 1022 Diamond; Bob Wilson, 1511 E. Fox, spoke against this bill. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 47 -91 A BILL APPROPRIATING $279,937.00 FROM THE MOTOR VEHICLE HIGHWAY FUND FOR EQUIPMENT AND TO REINSTATE THE REDUCTION IMPOSED BY THE STATE TAX COMMISSIONERS. 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 Zakrzewski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Ladewski. The motion carried. Jeff Rinard, Fiscal Officer, made the presentation for the bill. He indicated this bill would reappropriate the budget reduction imposed by the State Tax Commissioners during last year's hearings, and appropriate necessary funds for equipment needs. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. 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, and recess, seconded by Council Member Luecke. The motion carried and the meeting was recessed at 9:25 p.m. ATTEST: J`�'` - City Clerk REGULAR MEETING RECONVENED ATTEST: air n 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 9:35 p.m. Council President Niezgodski presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8201 -91 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EWING AVENUE AND IRONWOOD ROADS, IN THE CITY OF SOUTH BEND, INDIANA, FOR MERVIN AND DELORIS PURSER. 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 Coleman made a motion to pass this bill, as amended, seconded by Council Member Ladewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8202 -91 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 13, ARTICLE V, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY ADDING NEW SECTION 13 -75.1 ENTITLED "REAL ESTATE WHICH IS USED FOR THE ILLEGAL USE OR SALES OF NARCOTICS OR CONTROLLED DANGEROUS SUBSTANCES." This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of seven ayes and two nays (Council Members Soderberg and Slavinskas.) NO. 8203 -91 AN ORDINANCE APPROPRIATING $279,937.00 FROM THE MOTOR VEHICLE HIGHWAY FUND FOR EQUIPMENT AND TO REINSTATE THE REDUCTION IMPOSED BY THE STATE TAX COMMISSIONERS. 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 Duda. The motion carried. Council Member Zakrzewski made a motion to pass this bill, as amended, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. RESOLUTIONS 26 227 RESOLUTION 91 -53 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, INDIANA, COMMONLY KNOWN AS 1702 WEST WASHINGTON STREET, SOUTH BEND, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR ADAMS ENGINEERING, INC. Council Member Coleman made a motion to continue this resolution indefinitely, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 1883 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANAAPPROVING AN AGREEMENT ESTABLISHING THE ST.JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF WHEREAS, on November 28, 1990, the National Affordable Housing Act (NAHA) of 1990, also known as the Cranston - Gonzales Act, became law, to implement its stated goal that every American family be able to afford a decent home; and WHEREAS, NAHA, requires any governmental unit to formulate and submit a comprehensive Housing Affordability Strategy (CHAS) pla in order to be eligible to receive funds from several existing federal programs, including Community Development Block grants (CDBG), as well as to be eligible to receive funds from several new housing assistance programs created by NAHA, including the HOME Investment Partnerships Program (HOME); and WHEREAS, NAHA provides for the designation of geographically contiguous units of general local government to participate as consortia in, and thereby be considered a single unit of general local government for purposes of, HOME; and WHEREAS, the Cities of South Bend and Mishawaka, and the County of St. Joseph, being contiguous units of general local government, are desirous of forming a consortium for the purposes of formulating and submitting a CHAS for the purpose of receiving an allocation and participating in the HOME, CDBG, and all other housing programs administered by HUD for which they may be eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for HOME and other HUD programs; and WHEREAS, I.C. 35 -1 -7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise, jointly or by one entity on behalf of the others, powers that may be exercised by such units severally; and WHEREAS, substantially similar resolutions will be approved by the Mishawaka Common Council and the County Council of St. Joseph county. NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED THE CITY OF SOUTH BEND, INDIANA UNDER I.C. 36 -1 -7, THE INDIANA INTERLOCAL COOPERATION ACT, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. THAT the Common Council of the City of South Bend, Indiana has considered and hereby approves the establishment of and participation in the St. Joseph County Housing Consortium for purposes of a Consolidated Housing Affordability Strategy (CHAS) and the implementation of the Home Investment Partnerships Program (HOME) and other housing assistance programs funded by the Department of Housing and Urban Development (HUD) under the National Affordable Housing Act of 1990 (ANNA). Section II. That the Common council of the City of South Bend, Indiana hereby authorizes the Mayor of the City of South Bend, Indiana to enter into an Agreement establishing the St. Joseph County Housing Consortium, in form and substance the same as or similar to that of the Agreement attached hereto. Section III. That the Common Council of the City of South Bend, Indiana hereby confirms its commitment to the goals and the reality of fair housing within the City of South Bend. Section IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. DONALD NIEZGODSKI Member of the Common Council A public hearing was held on the resolution at this time. Jon Hunt, Director of Economic Development made the presentation. Council Member Luecke reported the Human Resources Committee had met on the resolution and recommended it to the Council favorable. He indicated this resolution would enable the City of Mishawaka, the County and the City of South Bend to participate in the new Federal housing assistance programs by forming the St. Joseph County Housing Consortium. Council Member Coleman made a motion to pass this resolution, seconded by Council Member Luecke. The resolution passed by a roll call vote of nine ayes. G28 RESOLUTION NO. 1884 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN AGREEMENT FOR GRANT APPLICATION AND MANAGEMENT SERVICES AND AUTHORIZING THE EXECUTION THEREOF WHEREAS, the City of South Bend, Indiana, through its Department of Economic Development has established a Division of Financial and Program Management, the operations and performance of which Division are recognized by the Department of Housing and Urban Development (HUD) to be of such caliber as to qualify the City of South Bend to be eligible to administer programs funded through HUD, such as the Community Block Grant (CDBG) program; and WHEREAS, the City of South bend, Indiana, through its Department of Economic Development has made application for, received administered, and implemented a wide variety of state, federal grants for the past fifteen (15) years, employs a knowledgable and able staff, experienced in the application, administration and implementation of a wide variety of state and federally funded programs, and enjoys an excellent reputation with both state and federal housing and economic and community development officials as undertaking such activities in a professional, conscientious fashion: and WHEREAS, St. Joseph County is desirous of implementing within St. Joseph County a variety of state and federally funded housing, and economic and community development and other such programs but has neither the expertise or experience in applying for, administering or implementing such programs, nor an established system of financial and program management as is necessary to be eligible to receive such funding; and WHEREAS, the City of South Bend, through its Department of Economic Development is desirous of facilitating St. Joseph County in its desire to implement a variety of state and federally funded programs throughout St. Joseph County; and WHEREAS, I.C. 36 -1 -7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise, jointly or by one entity on behalf of the others, powers that may be exercised by such units severally. WHEREAS, a substantially similar resolution will be approved by the County Council of St. Joseph County. NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED THE CITY OF SOUTH BEND, INDIANA UNDER I.C. 36-1 -7, THE INDIANA INTERLOCAL COOPERATION ACT, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. THAT the Common Council of the City of South Bend, Indiana has considered and hereby finds it to be in the best interest of the City of South Bend, and its citizens, that the City of South Bend, through its Department of Economic Development provide grant application and management services to the St. Joseph County, Indiana, in order to assist St. Joseph county in efforts to implement various state and federal housing and economic and community development programs within St. Joseph County. Section II. THAT the Common Council of the City of South Bend, Indiana hereby authorizes the Mayor of the city of South Bend, Indiana to enter into an Agreement for Grant Application and Management Services, in form and substance the same as or similar to that of the Agreement attached hereto. 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. DONALD NIEZGODSKI Member of the Common Council A public hearing was held on the resolution at this time. Council Member Luecke reported the Human Resources Committee had met on the resolution and recommended it to the Council favorable. Jon Hunt, Director of Economic Development made the presentation. He indicated this agreement would enable the County to enter into a cooperative arrangement with the City for grant application and management services for various Federal and State housing and development assistance programs. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. The resolution passed by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 48 -91 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF LAPORTE STREET RUNNING SOUTH FROM COLFAX STREET, FOR A DISTANCE OF APPROXIMATELY 200 FEET. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on August 26, seconded by Council Member Luecke. The motion carried. BILL NO. 49 -91 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE RIGHT -OF -WAY OF NORTHSIDE BOULEVARD RUNNING FROM THE EAST LINE OF LOUISE STREET TO THE WEST LINE OF ROBERTS STREET FOR A DISTANCE OF 154 FEET. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on August 26, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 50 -91 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: CEDAR STREET BETWEEN ST. PETER STREET AND NOTRE DAME AVENUE IN SOUTH BEND, INDIANA. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on August 26, seconded by Council Member Coleman. The motion carried. BILL NO. 51 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY ADDING NEW ARTICLE 3 ENTITLED "PROHIBITION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS ". This bill had first reading. Council Member Duda made a motion to refer this bill to the Public Safety Committee and set it for public hearing and third reading on August 26, seconded by Council Member Coleman. The motion carried. BILL NO. 52 -91 A BILL APPROPRIATING $6,500.00 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND TO FUND IMPROVEMENTS TO THE APPARATUS STORAGE SPACE AT 701 WEST SAMPLE STREET, SOUTH BEND. This bill had first reading. Council Member Puzzello made a motion to refer this bill to the Public Safety Committee and set it for public hearing and third reading on August 26, seconded by Council Member Soderberg. The motion carried. BILL NO. 53 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $15,000.00 FROM THE STANLEY COVELESKI REGIONAL STADIUM FUND. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on August 26, seconded by Council Member Ladewski. The motion carried. BILL NO. 54 -91 A BILL APPROPRIATING $510,000.00 FROM UDAG FUND #410 FOR ASBESTOS ABATEMENT AND DEMOLITION OF THE COLFAX THEATRE. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on August 26, seconded by Council Member Luecke. The motion carried. BILL NO. 55 -91 A BILL APPROPRIATING $74,458.00 FROM UDAG FUND #410 TO THE PARKING GARAGE PRINCIPAL AND INTEREST ACCOUNT OF THE REDEVELOPMENT DISTRICT BOND FUND #312 FOR PAYMENT ON THE ST. JOSEPH /WAYNE PARKING GARAGE LEASE. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on August 26, 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 Luecke. The motion carried and the meeting was adjourned at 9:45 p.m. ATTEST: .,e-,e, ./ City Clerk L-mai- � /i �2v