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HomeMy WebLinkAbout08-26-91 Council Meeting Minutes230 REGULAR MEETING AUGUST 26, 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 26, 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 August 12, 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 August 12, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO.1885 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA COMMENDING INDIANA UNIVERSITY AT SOUTH BEND FOR TWENTY -FIVE YEARS OF EDUCATIONAL LEADERSHIP. WHEREAS, Indiana University at South Bend provides the highest level of excellence in its educational programs as reflected in the academic achievements of its faculty; and WHEREAS, Indiana University at South Bend has always placed the education of its students at the center of its efforts as reflected the many all- university teaching awards earned by its faculty, an; WHEREAS, Indiana University at South Bend has become the university of choice for many citizens of Northern Indiana as evidenced by the dramatic growth in its student body, and; WHEREAS, Indiana University at South Bend is among the national leaders in educating the "New Majority" of older, working, and part -time students now enrolling in American universities, and; WHEREAS, the 1991 -92 academic year marks the twenty -fifth anniversary of the conferral of the first degrees at Indiana University at South Bend, NOW, THEREFORE, BE IT RESOLVED that the City of South bend does commend Indiana University at South Bend for its twenty -five years of educational leadership and extends all best wishes for Indiana University at South Bend's Silver Celebration Year. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval of the Mayor. Stephen Luecke Donald Niezgodski William Soderberg Sean Coleman Irene K. Gammon, City Clerk Ann Puzzello Linas Slavinskas Thomas Zakrzewski Loretta Duda Eugene Ladewski Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Puzzello made the presentation for the resolution. She read the resolution and presented it to Doug Hartford, Vice Chancellor of IUSB, who thanked the Council. Council Member Soderberg made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1886 -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, 4 -H FAIRGROUNDS, INTERNATIONAL CIRCUS HALL OF FAME. 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- 928.4; and WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that it grant an exception to allow a circus in "A" residential. 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- 11114- 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. 3627, a copy of which is attached hereto and incorporated herein by reference, and marked for purposes of identification as Exhibit A. Section III. 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 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. DONALD NIEZGODSRI Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas made the presentation for the bill. He read the resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Ladewski. 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 Zakrzewski. 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 August 26, 1991 at 7:20 p.m., with nine members present. Chairman Duda presiding. BILL NO. 44 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH. Council Member Slavinskas made a motion to continue this bill until September 9, seconded by Council Member Coleman. The motion carried. 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 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. Paul Hayden, South Bend Heritage, made the presentation for the bill. He indicated they were requesting this vacation for the 232 Dunbar Corner Project. He indicated they owned seven homes and they wanted to vacate the alley in for additional yard space. Council Member Luecke indicated they he an employee of South Bend Heritage, however, there was no conflict of interest and he was able to vote on this project. He made a motion to recommend this bill to the Council favorable, seconded by Council Member Niezgodski. 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 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. Roger Nawrot, Cole & Associates, made the presentation for the bill. He indicated South Bend Controls was requesting this vacation in order to erect a sign in front of their facilities. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Soderberg. 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. Council Member Puzzello made a motion to continue public hearing on this bill until September 9, seconded by Council Member Luecke. 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 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 made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Slavinskas. The motion carried. Kathleen Cekanski- Farrand, the Council attorney, read the following amendments to the bill: Amend Section 14 -12(c) as follows; "Motor vehicle" shall have the meaning set forth in Indiana Code Section 9- 1 -1 -2, except that "motor vehicle," as used in this Article, shall not include recreational vehicles as defined in Indiana Code Section 9- 1- 1 -1(t) and which is designed to transport more than ten (10) passengers including the operator, or any chartered passenger vehicle licensed to operate within the State of Indiana. Amend Section 14 -14 by adding (a) to the beginning of the paragraph, and by adding new paragraph (b) which shall read as follows: Notwithstanding Section 14- 12 -(c), the operator of a recreational vehicle or chartered passenger vehicle licensed to operate within the State of Indiana, who, while the motor vehicle is in operation, knowingly keeps or allows to be kept in an area of the recreational vehicle or chartered passenger vehicle that is accessible to the operator a container: (1) that has been opened; (2) that has a broken seal; or (3) from which some of the contents have been removed; commits a violation of this Article constituting an ordinance violation. Amend Section 14 -15 Citations to read as follows: An officer of the South Bend Police Department may issue a City Ordinance Violation Citation to a person who violates this Article. The first such citation issued to an individual shall impose a fifty dollar ($50.00) fine. Each subsequent citation issued to an individual shall impose a penalty not less than $100.00 and not more than $2,500.00. Council Member Luecke made a motion to amend the substitute bill, seconded by Council Member Slavinskas. The motion carried. Council Member Soderberg reported that the Public Safety Committee had met on this bill and recommended it to the Council favorable, as amended. Council Member Duda made the presentation for the bill. She indicated Indiana was one of the few remaining states that does not have an open container law making it illegal to have an open alcoholic container in a motor vehicle. She indicated that until a State law is passed, the best way to address this problem is through local legislation. Richard Nussbaum, City Attorney, indicated citizens should continue to lobby the State for similar legislation. He indicated Indiana has lost Federal money because we do not have an open container lay. Floyd Carter, 1619 Fassnacht; Mark Walsh, St. Joseph Medical Center ER physician; Kathleen Hoffer, 5012 S. York, a registered nurse; Ruth Atkinson, her son was killed by a drunk driver in June; Debbie White, her daughter and friend were killed by a drunk driver last August; Mario Simms on the St. Joseph County Coalition Against Drugs; Barbara Stanley, former State chairman of MADD; Max Moore, 602 Harrison; spoke in favor of this bill. Thomas Burnnett, 1216 King, spoke against this bill. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. 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 being the time heretofore set for public hearing on the above bill, proponents ve)eJ and opponents were given an opportunity to be heard. Council Member Puzzello reported that the Personnel and Finance Committee had met on this bill andrecommended it to the Council favorable. Bert Prawat, assistant fire chief, made the presentation for the bill. He indicated this appropriation would cover the installation of one overheard door, a wall, relocation of an exhaust fan and some small miscellaneous projects. He indicated this would allow them to better utilize the apparatus storage space in the old equipment services body shop. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. 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 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 reported that the Personnel and Finance had met on this bill and recommended it to the Council favorable. Council Member Soderberg made a motion to recess, seconded by Council Member Slavinskas. The motion carried and the meeting was recessed at 8:37 p.m., and reconvened at 8:45 p.m. Richard Nussbaum, City Attorney, made the presentation for the bill. He indicated this appropriation would be used to upgrade the transformer at the stadium. He indicated they proposed to install a new transformer and the current transformer will be used for emergency situations. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. 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 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. Jon Hunt, Director of Economic Development, made the presentation for the bill. He indicated this bill would appropriate funds for the asbestos abatement and demolition of the Colfax Theatre. He indicated that UDAG funds, reimbursed by Rum Village TIF, are available for this project. James Cronk, 1235 W. Washington; and Thomas Burnnett, 1216 Ring; spoke against this bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Niezgodski. 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 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. Jon Hunt, Director of Economic Development, made the presentation for the bill. He indicated this bill would appropriate funds for the payment on the parking garage bond. He indicated the funds were received from One Michiana Square's repayment on their UDAG loan. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. 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 Luecke. The motion carried. ATTEST: ATTEST: City Clerk firma ` REGULAR MEETING RECONVENED 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 9:30 p.m. Council President Niezgodski presiding and nine members present. BILLS. THIRD READING ORDINANCE NO. 8204 -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. RIGU[ au M .FTTNC, AUG m ti 19-9 -1 This.biTl 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. 8205 - -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 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. 8206 -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 third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Luecke. The motion carried. Council Member Coleman made a motion to pass this bill, as amended, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8207 -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 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. 8208 -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 third reading. Council Member Coleman made a motion to pass this I bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8209 -91 A BILL APPROPRIATING $510,000.00 FROM UDAG FUND #410 FOR ASBESTOS ABATEMENT AND DEMOLITION OF THE COLFAX THEATRE. 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. 8210 -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 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. BILLS. FIRST READING BILL NO. 56 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $25,000.00 FROM THE NEXT DOOR NEIGHBOR PROGRAM FUND. This bill had first reading. Council Member Puzzello made a motion to refer this , bill to the Personnel and Finance Committee and set it for public hearing and third reading September 9, seconded by Council Member Coleman. The motion carried. BILL NO. 57 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTION OF CHAPTER 2, ARTICLE 7, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY KNOWN AS BUDGETARY PROCEDURES. 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 September 9, seconded by Council Member Zakrzewski. The motion carried. c) 3v✓ PRIVILEGE OF THE FLOOR Norman Primas, 1833 Campeau, spoke regarding redistricting. Max Moore, 602 Harrison, spoke regarding the needs of the neighborhoods. There being no further business to come before the Council unfinished or new, Council Member Soderberg made a motion to adjourn, seconded by Council Member Coleman. The motion carried and the meeting was adjourned at 9:45 p.m. ATTEST: APPROVED: City Clerk reside