Loading...
HomeMy WebLinkAbout08-09-93 Council Meeting MinutesREGULAR MEETING AUGUST 9, 1993 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 9, 1993, 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, Washington, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Ladewski Absent: Council Member Kelly 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 12, and July 26, 1993, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Stephen Luecke /s/ Loretta Duda Council Member Coleman made a motion that the minutes of the July 12 & 26, 1993, meetings of the Council be accepted and placed on file, seconded by Council Member Washington. The motion carried. SPECIAL BUSINESS Council President Luecke announced the appointment of Council Member Coleman to a joint committee regarding the consolidation of the County and City parks. REPORT OF CITY OFFICES Jack Reed, administrative assistant to the Mayor, discussed ADA requirements. Mr. Reed collapsed at the podium and the meeting was recessed at 7:20 p.m., and reconvened at 7:30 p.m. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Duda. 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 12, 1993 at 7:30 p.m., with eight members present. Chairman Zakrzewski presiding. BILL NO. 45 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 53500 OLIVE ROAD, IN THE CITY OF SOUTH BEND, INDIANA. Council Member Luecke made a motion to continue public hearing on this bill until September 13, at the request of the petitioner, seconded by Council Member Slavinskas. The motion carried. BILL NO. 47 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 135 EAST IRELAND 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 that the Zoning and Vacation Committee had met on this bill and sends it to the Council with no recommendation. John Byorni, Area Plan, gave the Commission Report which was favorable. He indicated the Staff recommendation was unfavorable due to the egress on Norman St., which is residential. Pat Brown, Sitescapes, representing the developers of the property, made the presentation. He indicated they proposed to build an 18 by 67 foot building to fit onto this property. He indicated Area Plan had removed the driveway on to Norman St., and he asked the Council to allow this egress, since Public Works felt there should be a drive onto Norman. He indicated they had met with the neighbors and they approved of the plan. Joe Wilk, 139 Norman, indicated they get quite a few cars going down this dead -end road, and a drive on to Norman would improve the traffic problem on Ireland. He indicated he felt there should be screening around the drive and restaurant. Joe Wilk, Sr., 139 E. Norman, indicated he was in favor of the zoning, however, the traffic problem would be greater than they have at the present time. Della Curtis, 149 E. Ireland, indicated she had a problem exiting from her drive on to Ireland. Emogene Woodcox, 127 Norman, indicated the car wash on Michigan has generated a lot of traffic. After a lengthy discussion on possible problems that could be created by having another egress on Norman, Council Member Luecke made a motion to recommend this to the Council unfavorable, seconded by Council Member Slavinskas. The motion failed on a roll call vote of 4 ayes and 4 nays (Council Members Washington, Puzzello, Coleman and Duda.) Council Member Duda made a motion to continue public hearing until August 23, seconded by Council Member Washington. The motion carried. BILL NO. 48 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3517 EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents a)S16 REGULAR MEETING AUGUST 9, 1993 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. John Byorni, Area Plan, reported this bill came to the Council with no recommendation from the Commission and the staff recommended it be denied. Eugenia Swartz, Attorney, indicated Skintique Salon was interested in opening a facility at this location. She indicated they were not a beauty salon and would not require the high usage of water, but would fit in that category for zoning purposes. She indicated the septic system was improved about two years ago. She indicated this business would be very light commercial usage. Council Member Washington made a motion to recommend this bill to the Council favorable, seconded by Council Member Slavinskas. The motion carried on a roll call vote of six ayes and two nays (Council Members Luecke and Coleman.) BILL NO. 49 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1019 LASALLE STREET 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 that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, gave the Commission report, which was favorable. Mark Boveri, attorney, made the presentation for the bill. He indicated they were requesting a rezoning for two parcels of property north of LaSalle for additional parking for the South Bend Clinic. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 50 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2430 KENWOOD AVENUE, 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 that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, gave the Commission report, which was favorable. Rosetta Corbitt, made the presentation for the bill. She indicated they were requesting this zoning in order to construct a garage. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 61 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $10,000.00 TO VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND. 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 Human Resources Committee had met on this bill and recommended it to the Council favorable. Jon Hunt, Director of Community & Economic Development, made the presentation for the bill. He indicated this grant appropriation will be used for the Workforce Diversity project, which continues to demonstrate an increase in placement of minority job applicants. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 62 -93 A BILL TRANSFERRING $281,565 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. 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 Human Resources Committee had met on this bill and had no recommendation to the Council. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Washington. The motion carried. Jon Hunt, Director of Community & Economic Development, made the presentation for the bill. He indicated that somewhere along the line this bill has been absorbed by the Riley High School Project and we have lost sight of the purpose of the bill. He indicated they planned to relocate some of the homes that they are slated for demolition for the school project; and the bill also adds $120,000 to the Neighborhood Partnerships Program and $41,565 for the Bureau of Housings roof rehab. Vickie Black, 1218 E. Dayton, indicated all three of these projects are worthwhile. She indicated that if the City purchased some of these homes they could sold to low income people in that neighborhood. Pat Schaffer, 19218 Orchard Dr., indicated these homes should be relocated and be made available to people in that neighborhood. Michaelle Marsh, a representative of the Southeast Quality of Life Neighborhood Association, indicated this is the most positive step taken to revitalize this neighborhood. Keith Mitschelen, 308 W. Ireland; Connie Butler, 312 E. Calvert, spoke in favor of saving these homes. T. Brooks Brademas, 425 N. Michigan, indicated this was a chance to do something positive, by using the $120,000 towards building a shelter for battered women. Jo Blacketor, 906 E. Eckman; Gene Oakly, 2716 York Rd., spoke against this bill. After a lengthy discussion the Council indicated that none of this money should be spent until after the School Corp., issues a demolition permit for one of the houses on the City's priority list of homes to save. Kathleen Cekanski- Farrand, Council Attorney, read the following amendment to the bill: "Add a new Section III. The Department of Community and Economic Development shall be limited in the use of the $120,000, listed as Project No. CD92 -111, in the following manner: 1) A list of houses would be established by the Department that are priority candidates for relocation into the southeast neighborhood; 2) The use of said funds would be triggered by the South Bend Community School Corporation .�S7 requesting and receiving a demolition permit The funds would be available for any other neighborhood. renumber present Section III to motion to accept the amendment, seconded by carried. Council Member Washington made a Council favorable, as amended, seconded by carried. BILL NO. 63 -93 for one of the priority houses; and 3) rehabilitation activity in the southeast IV." Council Member Washington made a Council Member Puzzello. The motion motion to recommend this bill to the Council Member Ladewski. The motion A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $154,000 FROM THE EMS CAPITAL IMPROVEMENT FUND (EMS FUND #288.) 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 Ladewski reported that the Public Safety Committee had met on this bill and recommended it to the Council favorable. Rick Switalski, Asst. Chief, EMS, made the presentation for the bill. He indicated this appropriation would be used for turnout gear as well as refurbish one fire truck and one ambulance. He indicated they had not purchased turnout gear since 1982. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. Council Member Luecke made a motion to rise and report to Council Member Coleman. The motion carried. ATTEST: Chairman REGULAR MEETING RECONVENED Be it remembered that the Common Council Council Chambers on the fourth floor Council President Luecke presiding, and ATTEST: the Council, seconded by City Clerk of the City of South Bend reconvened in the of the County -City Building at 10:05 p.m. eight members present. BILLS, THIRD READING ORDINANCE NO. 8399 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3517 EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Slavinskas. The bill passed by a roll call vote of six ayes and two nays (Council Members Luecke and Coleman.) ORDINANCE NO. 8400 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1019 LASALLE STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8401 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2430 KENWOOD AVENUE, IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of eight - ayes. ORDINANCE NO. 8402 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $10,000.00 TO VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8403 -93 AN ORDINANCE TRANSFERRING $281,565 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. 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 Washington. The motion carried. Council Member Washington made a motion to pass the bill, as amended, seconded by Council Member Ladewski. The bill passed by a roll call vote of seven ayes and one nay (Council Member Coleman.) ORDINANCE NO. 8404 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $154,000 FROM THE EMS CAPITAL IMPROVEMENT FUND (EMS FUND #288.) This bill had third reading. Council Member Coleman made a motion to pass this bill, , seconded by Council Member Washington. ayes. BILLS, FIRST READING The bill passed by a roll call vote of eight BILL NO. 64 -93 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING A HISTORIC LANDMARK FOR THE PROPERTIES LOCATED AT 231 SOUTH EDDY, 1027 EAST WAYNE AND 1029 EAST WAYNE, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Washington. The motion carried. BILL NO. 65 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1131 W. WASHINGTON IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Slavinskas made a motion set this bill for public hearing and third reading on August 23, and refer it to the Zoning and Vacation Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 66 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING ", AS IT RELATES TO THE FRONT YARD SETBACK FOR FREESTANDING SIGNS. This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 67 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF NAVARRE STREET, RUNNING WEST FROM THE WEST LINE OF LAFAYETTE BOULEVARD TO THE FIRST NORTH -SOUTH ALLEY. THIS ALLEY IS BETWEEN LOTS 363 AND 364 IN THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, AND IS 165 FEET LONG. This bill had first reading. Council Member Puzzello made a motion set this bill for public hearing and third reading on August 23, and refer it to the Zoning and Vacation Committee, seconded by Council Member Washington. The motion carried. BILL NO. 68 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLES 1 AND 2 OF CHAPTER 17 OF THE MUNICIPAL CODE RELATING TO PRETREATMENT REQUIREMENTS FOR THE USE OF THE PUBLIC SEWERS. This bill had first reading. Council Member Zakrzewski made a motion set this bill for public hearing and third reading on August 23, and refer it to the Utilities Committee, seconded by Council Member Duda. The motion carried. NEW BUSINESS ORDINANCE NO. 8405 -93 AN ORDINANCE APPROPRIATING $15,361.20 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR THE PURPOSE OF PURCHASING ADMINISTRATIVE EQUIPMENT AND PERFORMING VARIOUS REPAIRS AT THE MORRIS CIVIC AUDITORIUM. Tom Bodnar, Deputy City Attorney, indicated that it was necessary that repairs be made to the Morris Civic for public safety factors as well as aesthetic purposes. Council Member Zakrzewski made a motion to suspend the rules and have first reading, public hearing and third reading on this bill, seconded by Council Member Coleman. The motion carried on a roll call vote of eight ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Dale Balsbaugh, Director of the Morris Civic, made the presentation for the bill. He indicated this appropriation comes out of the Auditorium Fund. He indicated the walkway between the Morris Civic and the Roma was dangerous and needed to be resurfaced, as well refinish the stage, add a new telephone system, clean the carpet and replace seat covers. Council Member Zakrzewski made a motion pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. PRIVILEGE OF THE FLOOR James Cierzniak spoke regarding the Football Hall of Fame. Gene Oakly, 2614 York Rd., indicated he questioned the honesty of some groups that speak before the Council. 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 Ladewski. The motion carried and the meeting was adjourned at 10:30 p.m. ATTEST; City Clerk ATTEST: President