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HomeMy WebLinkAbout10-14-91 Council Meeting Minutesc 44, OCTOBER 14. 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, October 14, 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 September 16 and 23, 1991 meetings 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 September 16 & 23, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS Council Member Coleman made a motion that the first meeting in November be set for November 12, seconded by Council Member Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. 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 October 14, 1991 at 7:08 p.m., with nine members present. Chairman Duda presiding. BILL NO. 33 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1950 RIDGEDALE ROAD 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 reported the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable, as amended. John Byorni, Area Plan, gave the staff report, which was favorable. John Firth, attorney for the petitioner, made the presentation for the bill. He indicated they planned to construct a laundry facility. He indicated that at the present time the laundry is being handled in three separate areas in the nursing home, which causes noise and heat, as well as being a fire hazard for the residents of the home. Council attorney, Kathleen Cekanski- Farrand read the following amendment to the bill: Section 2, would read "This rezoning shall be subject to the petitioner filing a final site development plan addressing screening, pursuant to Section 21 -99 of the Municipal Code, for the land along the west boundary beginning at the setback line going south for approximate length of 215 feet, and screening and /or an earthen berm along the north boundary on Ridgedale Road beginning at its most western point to the east forapproximately 150 feet. ", present Section 2 would become Section 3. Council Member Coleman made a motion to accept the amendment, seconded by Council Member Slavinskas. The motion carried. Margaret Hildebrand, 1906 Inwood; Dorothy Belemont 2816 Beechwood; spoke in favor of this rezoning. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Slavinskas made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: `7`' ! . City Clerk REGULAR MEETING RECONVENED VN WY0F`4 W 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 7:33 p.m. Council President Niezgodski presiding and nine members present. BILLS. THIRD READING 2C ORDINANCE NO. 8216 -91 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1950 RIDGEDALE ROAD IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Puzzello made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Slavinskas. The motion carried. Council Member Puzzello made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The motion carried. RESOLUTION NO. 1888 -91 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 3620 W. MCGILL STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (THREE) YEAR REAL PROPERTY TAX ABATEMENT FOR BANGOR REFRIGERATION WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3620 W. McGill Street and which is more particularly described as follows: Commencing at the Northeast corner of said Section 28; thence South 90 °48'05" West along the North line of said Quarter Section, 1305.00 feet; thence South 00 °00'23" West along the centerline of Kenmore Street, 363.70 feet; thence South 09 °59137" East along said centerline, 486.87 feet to the centerline intersection of Kenmore street and McGill Street; thence South 80 °00123" West along the centerline of McGill Street, 303.50 feet; thence North 89 °59'37" West along said centerline, 270.66 feet to the Point of Beginning; thence South 00 °00100" West, 401.41 feet; thence North 89 °50137" West, 523.60 feet; thence North 00 °02141" East, 401.40 feet; thence South 89 °59137" West, 523.23 feet to the Point of Beginning, and containing 4.823 acres more or less and is subject to all easements, restrictions, and or limitations of record. with said real estate having the following Key Number 25 1010 038519, as an economic revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12- .1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows. Section I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. 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 made a motion to amend this bill in Section II by adding ten (10), seconded by Council Member Soderberg. The motion carried. Bob Voss, 24050 Greenfield, a representative of Bangor Refrigeration, made the presentation for the resolution. He indicated they plan to construct a 39,000 foot addition to the existing facility, and thirty new permanent jobs will be created. Council Member Luecke made a motion to adopt the resolution, as amended, seconded by Council Member Soderberg. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1889 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE BUILDING CONTRACTOR'S TASK FORCE AND RECOMMENDING THAT THE TASK FORCE REMAIN IN EFFECT AS AN ADVISORY BOARD TO THE CITY THROUGH 1994 M WHEREAS, since April 26, 1991, a Building Contractor's Task Force made up of 20 individuals has been meeting to assist the City on recommendations addressing building contractors; and WHEREAS, the Task Force under the leadership of Robert Urbanski and Council Member Loretta Duda, have studied multiple types of legislation in the building area; and WHEREAS, through the public meeting process, the Task Force was able to challenge each other as to the best and most appropriate approach for instituting reasonable regulations addressing building contractors; and WHEREAS, at the Building Contractor's Task Force meeting held on October 9, 1991, the Task Force recommended that the City proceed ahead at its meeting of October 28, 1991 to have public hearing on the final version of Substitute Bill No. 21 -91 which would establish building contractor pre - licensing and licensing procedures which are deemed to be in the best interest of the City of South Bend. 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, on behalf of all the citizens of the City, hereby publicly commend the Building Contractor's Task Force for all of their hard work dedication, and recommendations which they have freely given to the City on the topic of building contractors. SECTION II. The Common Council hereby publicly commends each of the Task Force members, namely: Lolita Anastasio, James Caldwell, Kathleen Cekanski - Farrand, Lance Clark, Patricia DeClercq, Mark Donoho, Loretta Duda, James Fershin, Linda Fields, Donald Fozo, Alex Niezgodski, Richard Nussbaum II, Donald O'Blenis, David Pace, Greg Pal, Jack Powell, Jerry Strebs, Dr. Richard Thompson, Rocky Geans, and Robert Urbanski. SECTION III. The Common Council believes that through the individuals on the Task Force which represented members of private industry, concerned citizens, the Home Builders Association of St. Joseph Valley, Roofers Union Local 23, MACIAF, the Builders Exchange of St. Joe Valley, Inc., the County Building Department, the City Administration, and the Common Council, that an excellent cross - section of our community was able to provide keen insights on the topic of building contractors. SECTION IV. The Common Council believes that the Building Contractor's Task Force should be continued as an advisory body through 1994, so that the City may continue to have their input as we embark on a cooperative effort to meet the needs of the building industry and our community. 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/ Loretta Duda Member of the Common Council A public hearing was held on the resolution at this time. Council Member Duda made the presentation for the resolution. She read the resolution and introduced members of the Task Force in the Chambers. 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. RESOLUTION NO. 1890 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING A WIPEOUT GRAFFITI CAMPAIGN WHEREAS, the mounting visual pollution in our community caused by graffiti depicts a negative image of our City; and WHEREAS, with the collective efforts of all of the citizens of our community senseless acts of defacement and damage to property can be curtailed; and WHEREAS, an educational campaign will begin immediately to advise the public of the serious consequences which will result to those who mark or deface the property of others; and WHEREAS, the Common Council is calling upon all parents, students, school teachers, and concerned citizens to work cooperatively with our police department as we begin our "WIPEOUT GRAFFITI CAMPAIGN" in South Bend, Indiana. 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, hereby establishes a "WIPEOUT GRAFFITI CAMPAIGN" in the City. SECTION II. The Council calls upon all parents, students, educators, and concerned citizens to notify the Police Department immediately when they witness the marking, damaging, or defacement of property taking place. u47 SECTION III. As part of the educational components of this campaign, the Council advises all citizens that: (a) It is a Class A misdemeanor punishable by imprisonment of up to 1 year and a fine of up to $5,000.00 to: (1) damage or deface property where the pecuniary loss is $250.00 to $2,500.00; (2) damage a moving motor vehicle; (3) damage a car or equipment of a railroad company; or (4) cause damage by paint or other markings; and (b) It is a Class D felony punishable by imprisonment of up to one and a half years plus an additional one and a half years for aggravating circumstances and a fine up to $10,000.00 to: service; (1) damage or deface property where the pecuniary loss is over $2,500.00; (2) damage property causing the interruption or impairment of a (3) damage a public record; or (4) damage property causing the interruption or impairment of conducted in a scientific research facility; and utility work (c) It is a crime called "institutional criminal mischief" punishable to imprisonment and a fine to: (1) damage a building used for religious worship; (2) damage a cemetery or mausoleum for the dead; (3) damage schools or community centers; (4) damage the grounds adjacent to buildings used for religious worship, cemeteries, or schools; or (5) damage personal property within or located at buildings used for religious worship, cemeteries, or schools. SECTION IV. The Common Council urges all citizens to renew their pride in our community and take an active role in WIPEOUT GRAFFITI IN South Bend 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/ Linas K. Slavinskas Member of the Common Council A public hearing was held on the resolution at this time. Council Member Slavinskas made the presentation for the resolution. He read the resolution. He indicated in his neighborhood they were starting a neighborhood watch against graffiti. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Ladewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 61 -91 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT 802 S. MAIN IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing and third reading October 28 and refer it to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 63 -91 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR PROPERTY LOCATED AT IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to set this bill for public hearing and third reading October 28 and refer it to the Zoning and Vacation Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 64 -81 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 7343 -84 AND AMENDING ORDINANCE NO. 4990 -68, AS AMENDED BY ESTABLISHING NEW HISTORIC DISTRICT BOUNDARIES FOR THE LINCOLNWAY EAST HISTORIC DISTRICT. 248 u This bill had first reading. Council Member Soderberg made a motion to refer this bill to Area Plan and Historic Preservation, seconded by Council Member Luecke. The motion carried. BILL NO. 65 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FROM THE LEAF COLLECTION AND REMOVAL SERVICES OPERATIONAL FUND. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for public hearing and third reading October 28 and refer it to the Public Works Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 66 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 3 OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "DEVELOPMENT DESIGN REVIEW ". This bill had first reading. Council Member Luecke made a motion to set this bill for public hearing and third reading October 28 and refer it to the Human Resources Committee, seconded by Council Member Duda. The motion carried. UNFINISHED BUSINESS Council Member Luecke made a motion to accept the Area Plan reports on Bill Nos. 62 and 63 -91, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR Tom Cameron, 3502 Lincoln Way West, indicated he and one and a half acres of property in the City, and it was impossible for him to rake the leaves. He asked that a special provision be made for people with that much property. 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 Zakrzewski. The motion carried and the meeting was adjourned at 8:17 p.m. ATTEST: APPROVED: City Clerk