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HomeMy WebLinkAbout07-10-89 Council Meeting MinutesREGULAR MEETING JULY 10. 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 Monday, July 10, 1989, 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 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 June 26, 1989 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 June 26, 1989, of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS 89 -57 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL ADOPTING A WRITTEN FISCAL PLAN ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CENTRE TOWNSHIP. WHEREAS, S & H Partnership 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 adefinite policy for the provision of services to anexed areas; WHEREAS, such a plan has been developed and presented to the Common Council. SECTION I. The Common Council of the City of South Bend, Indiana, hereby approves and adopts the fiscal plan for the annexation of the area located in Penn Townshp near the intersection of Ireland and Ironwood Roads, more specifically described i Attachment "A ", which plan is attached hereto as Attachment "B" and made a part hereof, and hereby approves and adopts specific policies for implementation of the plan as set out therein. SECTION II. Implementation of the plan does not require the budgeting and appropriation of additional funds. 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 popluation 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 no 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. s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Dave Norris, Project Manger, Economic Development Department made the presentation on the bill. He indicated that resolution establishes a policy and a plan outling the City to provide services to approximately 4 acres of land located in Centre Twp. He stat that the developers S & H Partnership have petitioned to annex the property. Joe Guentert, 3510 Corby Blvd., spoke regarding whether the City could provide adequa police & fire protection. Council Member Slavinskas stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable. Council Member Luecke 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. 1736 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING DEEP CONCERN OVER THE UNITED STATES SUPREME COURT DECISION ON FLAG BURNING WHEREAS, on June 21, 1989, the U.S. Supreme Court handed down a 5 -4 decision which provides that the burning of the American Flag as a form of "political protest" is protected by the Constitution's free speech guarantees; and NEW BUSINESS Reports from Area Plan: BILL NO. 35 -89 Zoning - Jackson & Ironwood Rds. BILL NO. 37 -89 Historic Preservation Commission Council Member Coleman made a motion to set the above mentioned bills for 3rd reading and public hearing July 10, 1989 and sent to the Zoning & Vacation Committee, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Bill Soderberg, Councilman 3rd District spoke regarding unifying the City Park and County Park Depts. mi WHEREAS, currently forth -eight (48) states and the federal government have laws against flag- burning, all of which have been jeopardized by this Supreme Court ruling, and ; WHEREAS, since the decision was handed down, "Old Glory" has been flying across the nation by millions of Americans as a sign of "positive protest" against the decision; and WHEREAS, debate is currently taking place on a constitutional amendment to make desecration of the United States flag a crime; and WHEREAS, since 1925 the State of Indiana, has declared that "any person who knowingly or intentionally, and publicly, demages, defiles, or walks on a United State flag, standard, or ensign, or a picture or a representation of such flag, standard, or ensign, commits flag desecration, a Class A Misdemeanor." (I.C., 35- 45 -1 -4) NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby voices serious and deep concern over the United States Supreme Court Decision on flag burning. SECTION II. The Council urges the citizens of South Bend to contact their state and federal representatives on this issue and encourages acts of "positive protest." SECTION III. The Council requests the City Clerk to send copies of this Resolution to the U.S. Supreme Court, President Bush, and to our federal and state representatives and senators. SECTION IV. The Council encourages all South Bend citizens to fly the United States flag on national holidays and throughout the year as a demonstration of support for "Old Glory" as a symbol of our nation's freedom. 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 /Don Niezgodski Member of the Common Council Council Member Niezgodski made a motion to suspend the rules to allow public hearing on the above resolution, seconded by Council Member Slavinskas. The motion was carried by a roll call vote of nine ayes. A public hearing was held on the resolution at this time. Council Member Niezgodski made the presentation on the resolution. He indicated that on June 21, 1989, the U.S. Supreme Court handed down a 5 -4 decision which provides that the burning of the American flag as a form of "political protest" is protected by the Constitution's free speech guarantees. He indicated that since the decision was handed down, "Old Glory" has been flying across the nation by millions of Americans as a sign of "positive protest" against the decision. He stated that the Council voices serious and deep concern over the United States Supreme Court Decision on flag burning and encourages citizens of South Bend to contact their state and federal representatives on this issue and encourages acts of "positive protest." Council Member Coleman made a motion to amend this bill by the renumbering of Section IV. to Section V. and Section IV to read as follows: The Council encourages all South Bend citizens to fly the United States flag on national holidays and throughout the year as a demonstration of support for "Old Glory" as a symbol of our nation's freedom, seconded by council Member Niezgodski. The motion carried. Irene Mutzl, 320 Parkovash spoke in favor of the resolution. Council Member Coleman made a motion to pass this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Voorde). COMMITTEE OF THE WHOLE Be it remembered that the Committee of the Whole on present. Chairman Luecke BILL NO. 42 -89 A BILL BEND, JOSEPH Common Council of the City of South Bend met in the Monday, July 10, 1989, at 7:25 p.m., with nine members presiding. ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH CNDIANA CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. COUNTY, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Edward Hardig, Attorney, 205 W. Jefferson Blvd., made the presentation on the bill. He indicated the annexation would allow a four -acre stript of land located on the north side of Ireland Road and west of Ironwood Rd. He stated that the developers plan to rezone the property to allow for the construction of a self -serve laundry, dry cleaning business and car wash. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 37 -89 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. 532 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 made a motion to accept the substitute bill, seconded by Council Member Coleman. The motion carried. Council Member Luecke made the presentation on the bill. He indicated that the bill would tighten the requirements for establishing Historic Preservation Districts. He stated that ',the requirements for establishing an Historic District would have to be supported by 67 percent of neighborhood residents, instead of 50 perent that was in the prior ordinance and heard at the Area Plan Commission. He indicated that the bill also seeks to clarify the role of the Historic Preservation Commission and to establish the commission as a recommending body only, with all final decisions to be made by the Common Council. The resolution also allows for the council to refer request to establish a historic district or landmark to the commission, ',which would have 90 days in which to conduct a public hearing and make a recommendation. Council Member Luecke made a motion that the amendment represents a substantial change and that the measure must be returned to the Area Plan Commission for review, seconded by Council Member Coleman. The motion carried. BILL NO. 44 -89 A BILL ESTABLISHING A NON - REVERTING NEXT DOOR NEIGHBOR PROGRAM FUND AND APPROPRIATING $25,000 FOR THAT PURPOSE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity'tto be heard. James Caldwell, Administrative Assistant to Neighborhoods, made the presentation on the bill. He indicated that the Next Door Neighbor Program will enable citizens to carry out project aimed at enchancing their neighborhoods. He stated that neighborhood groups will have the opportunity to direct their own projects and involve residents and other segments of the community in their endeavor. He stated that the program is available because of revenue createdlas a result of community support for the South Bend White Sox and Coveleski Stadium. Kevin Gorham, 729 Cottage Grove, spoke in favor of the bill. Renalda Robinson,! 737 N. Frances, spoke in favor of the bill. She indicated how pleased she is that the citizens of South Bend are taking an interest in their neighborhoods and how with this program they can beautify their areas. Joe Guentert, 3510 Corby Blvd., spoke opposed to the bill. He indicated that this bill is the most ridiculous thing his heard of. He stated that any revenue coming from the Coveleski Stadium should be use to pay off the stadium. Irene Mutzl, 320 Parkovash, spoke opposed to the bill. She stated that the money should be used to fix -up alleys in the City. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried by aroll call vote of six ayes and 3 nays (Council Members, Slavinskas, Zakrzewski, Soderberg.) There being no further business to come Member Soderberg made a motion to rise Council Member Zakrzewski. The motion c ATTEST: City Clerk REGULAR MEETING RECONVENED Ibefore the Committee of the Whole, Council nd report to the Council, seconded by .arried. ATTEST: 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 8:14 p.m. Council President Voorde presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 7993 -89 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Voorde made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7994 -89 AN ORDINANCE ESTABLISHING A NON - REVERTING NEXT DOOR NEIGHBOR PROGRAM FUND AND APPROPRIATING $25,000 FOR THAT PURPOSE. This bill had second reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Voorde. The motion carried. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1737 -89 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTIONIDESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 247 TO 251 EAST SAMPLE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR 1ST SOURCE BANK, TRUSTEE OF THE JOSEPH ZIKER TRUST, AND FOR ITS TENANT, ZIKER CLEANERS, INC. 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 which is described as follows: Parcel 1: All that portion of the South half of Lot Thirty -eight (38) of Denniston and Fellow's addition to the Town, now City of South Bend, and Lots numbered 1 through 10 as shown on the recorded plat of J.C. Knoblock's subdivision of Lot thirty -nine (39) of Denniston and Fellow's addition to the Town, now City of South Bend. Parcel 2: The North half of Lots Thirty -seven (37) and Thirty -eight (38) of Denniston and Fellow's addition to the Town, now City of South Bend, 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 pruposes 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 three (3) years. 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. s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Kevin Butler, Attorney, One Michiana Square, South Bend, Indiana, made the presentation on the resolution. He indicated that the petitioner Ziker Cleaners is located at 247 E. Sample St., South Bend. They plan to increase their production facilities to accommodate the industrial and commercial business growth. He stated that in order to expand business and job security, they need additional production space, new equipment and additional employee parking and off street parking. Council Member Soderberg made a motion to adopt this resolution, seconded by Council Member Voorde. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING 48 -89 FIRST READING ON A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Slavinskas made a motion to set this bill for second reading and public hearing August 14, 1989, seconded by Council Member Soderberg. The motion carried. 49 -89 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 18106 IRELAND RD., 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 Voorde. The motion carried. 50 -89 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 415 S. LOGAN IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Voorde made a motion to refer this bill to Area Plan, seconded by Council Member Slavinskas. The motion carried. 51 -89 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT SOUTHWEST CORNER OF ANGELA BLVD. AND EDDY ST., IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Niezgodski made a motion to refer this bill to Area Plan, seconded by Council Member Slavinskias. The motion carried. 52 -89 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF HOWARD STREET AND NOTRE DAME AVENUE IN THE CITY OF SOUTH BEND, INDIANA. W This bill had first reading. Council M bill to Area Plan, seconded by Council 53 -89 FIRST READING ON A BILL AMENDI: AT 1405, 1407, 1409, 1413 W. W. SOUTH BEND, INDIANA. This bill had first reading. Council M bill to Area Plan, seconded by Council 54 -89 FIRST READING ON A BILL FIXING OF MEMBERS OF THE SOUTH BEND P 1990, 1991, AND 1992. This bill had first reading. Council M bill for second reading and public hear Member Duda. The motion carried. 55 -89 FIRST READING ON A BILL FIXING EMPLOYEES OF THE CITY OF SOUTH 1990, 1991 AND 1992. This bill had first reading. Council M bill for second reading and public hear Member Duda. The motion carried. Voorde made a motion to refer this Luecke . The motion carried. THE ZONING ORDINANCE FOR PROPERTY LOCATED ERN AV., AND 330 S. CHERRY IN THE CITY OF Voorde made a motion to refer this Luecke. The motion carried. E ANNUAL PAY AND MONETARY FRINGE BENEFITS CE DEPARTMENT FOR THE CALENDAR YEARS r Zakrzewski made a motion to set this July 24, 1989, seconded by Council E MAXIMUM SALARIES AND WAGES OF TEAMST ND, INDIANA, FOR THE CALENDAR YEARS OF r Zakrzewski made a motion to set this July 24, 1989, seconded by Council 56 -89 FIRST READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS OF 1990, 1991 AND 1992. This bill had first reading. Council N bill for second reading and public hear Member Zakrzewski. The motion carried. 57 -89 FIRST READING ON A BILL . WITHIN THE DEPARTMENT OF r Niezgodski made a motion to set this July 24, 1989, seconded by Council ING $150,000 AMONG VARIOUS ACCOUNTS DEVELOPMENT This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing July 24, 1989, seconded by Council Member Voorde. The motion carried. 58 -89 FIRST READING ON A BILL APPROPRIATING $68,500.00 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND TO BE ADMINISTERED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Luecke made a motion to set this bill for second reading and public hearing July 24, 1989, seconded by Council Member Niezgodski. The motion carried. UNIFINISHED BUSINESS Council Member Slavinskas stated that he would like to Council to encourage the Board of Works to act upon the idea of changing the parking downtown on Michigan St. to perpendicular parking. PRIVILEGE OF THE FLOOR Joe Guentert, 3510 Corby Blvd., spoke regarding recycling materials, pick up services. He also spoke regarding the water & sewer bills. Irene Mutzl, 3510 Parkovach, spoke regarding her water & sewer bill. questioned the procedure on how to compute her bill. in our trash She