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Home My WebLink About03-28-89 Council Meeting MinutesREGULAR MEETING MARCH 28, 1989 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Tuesday, March 28, 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, Coleman, Duda and Voorde 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 March 13 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Ann Puzzello Council Member Coleman made a motion that the minutes of the March 13, meeting of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1711 -89 A RESOLUTION ADOPTING A WRITTEN FISCAL PLAN ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA WHEREAS, Miller Builders, Inc. has petitioned the Common Council to annex an area specifically described in Attachment "A ", incorporated herein; and WHEREAS, responsible planning and State law require adoption by the City of a fiscal plan and a definite policy for the provision of services to annexed areas; and WHEREAS, such a plan has been developed and presented to the Common Council. NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, that: Section I: The Common Council of the City of South Bend, Indiana, hereby approved and adopts the fiscal plan for the annexation of the area located near the intersection of Hepler and Hickory Roads, more specifically described in Attachment "A ", which plan is attached hereto as Attachment "B" and made a part thereof, and hereby approves and adopts specific policies for implementations of the plan as set out therein. Section II: It is estimated that the implementation of the plan may require budgeting and appropriation of additional funds in the approximate amount of $25,000 per year to provide police protection to the annexation area. Section III: All services of a noncapital nature will be provided to the annexed area within one (1) year after the effective date of annexation in a manner equivalent in standard and scope to those services provided to areas within the corporate boundaries that have similar topography, patterns of land use, and population density. Section IV: Capital improvements will be provided by the developer within three (3) years of the effective date of annexation. Implementation of the plan will not require the appropriation of funds for capital improvements to the annexed area by the City of South Bend, Indiana. Section V: The annexation will not result in the elimination of jobs of employees of another governmental entity. Section VI: This resolution shall be in full force and effect after its adoption by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. John Leszczynski, Director of Public Works, made the presentation for the resolution. He indicated this was a 23.5 acre site near Hepler and Hickory Road. He indicated the if this property is annexed it may require that additional funds be appropriated to provide police protection. He indicated this would not be needed for several years. Joseph Guentert, 3510 Corby, indicated that police protection would be needed while the property is being developed. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Niezgodski The resolution was adopted by a roll call vote of nine ayes. 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 Tuesday, March 28, at 5:12 p.m., with nine members present. Chairman Luecke presiding. BILL NO. 8 -89 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. Council Member Niezgodski made a motion to continue this bill until April 10, 1989, seconded by Council Member Coleman. The motion carried. BILL NO. 18 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: WASHINGTON STREET WEST OF NILES AVENUE EXTENDED AND EAST OF THE EAST RACE. Council Member Slavinskas made a motion set continue this bill until the second meeting in April, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 19 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF WEST WAYNE STREET RIGHT -OF -WAY FROM LOT 288 OF THE ORIGINAL PLAT 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 made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Slavinskas indicated the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorably. James Cook, Cressy and Everett, Inc., made the presentation for the bill. He indicated there were requesting this vacation in order that a greenhouse type area can be added to an adjacent restaurant. Rick Pitt, Redevelopment, spoke in favor of this vacation. Council Member Coleman made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 20 -89 A BILL AMENDING CHAPTER 6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED "BUILDING." 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 Voorde indicated the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. Pat DeClercq, Director of Code Enforcement, made the presentation for the bill. She indicated this bill amends the fees for permits issued by the Building Department to more accurately reflect the cost to the City of operating this department. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. There being no further business to come before Member Coleman made a motion to rise and report Member Voorde. The motion carried. ATTEST: 1"L1,� City Clerk REGULAR MEETING RECONVENED the Committee of the Whole, Council to the Council, seconded by Council ATTEST: WMA, W 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 5:24 p.m. Council President Puzzello presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 7971 -89 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF WEST WAYNE STREET RIGHT -OF -WAY FROM LOT 288 OF THE ORIGINAL PLAT OF SOUTH BEND. This bill had third reading. Council Member Slavinskas made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. 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. 7972 -89 AN ORDINANCE AMENDING CHAPTER 6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED "BUILDING." This bill had third reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 21 -89 A BILL APPROPRIATING $5,700.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR PURPOSE OF REPLACEMENT OF THE ELECTRIC DROP CABLES TO THE LIGHTING INSTRUMENTS ON STAGE AT THE MORRIS CIVIC AUDITORIUM. This bill had first reading. Cou bill to the Personnel and Finance reading April 10, seconded by Cou BILL NO. 22 -89 A BILL APPROPRI FUND TO PROJECT BRICK, WITHIN T This bill had first reading. Coun bill to the Public Works Committee April 10, seconded by Council Memb BILL NO. 23 -89 A BILL APPROPRIA FUND TO PROJECT WITHIN THE LOCAL This bill had first reading. Counc bill to the Public Works Committee April 10, seconded by Council Membe BILL NO. 24 -89 A BILL APPROPRI, FUND TO PROJECT IMPROVEMENTS, W' Member Voorde made a motion to refer this 1ttee and set it for public hearing and third Member Luecke. The motion carried. NG $305,000 FROM THE LOCAL ROAD AND STREET S 8901, WIDENING AND LIGHTING OF CLEVELAND AND LOCAL ROAD AND STREET FUND. Member Zakrzewski made a motion to refer this d set it for public hearing and third reading Duda. The motion carried. $23,515.36 FROM THE LOCAL ROAD AND STREET 8902, RAILROAD CROSSING AT VARIOUS LOCATIONS D AND STREET FUND. Member Zakrzewski made a motion to refer this d set it for public hearing and third reading Coleman. The motion carried. NG $9,000.00 FROM THE LOCAL ROAD AND STREET S 8903, MIAMI /CALVERT INTERSECTION IN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to the Public Works Committee and set it for public hearing and third reading April 10, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Voorde made a motionto set Bill Nos. 9 and 10 -89 for public hearing and third reading April 10, and refer it to the Zoning and Vacation Committee, seconded by Council Member Coleman.':; The motion carried. PRIVILEGE OF THE FLOOR Joseph Guentert, 3510 Corby, spoke petitions. the Studebaker Corridor bond 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 5:35 p.m. ATTEST: City Clerk APPROVED: id