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Home My WebLink About12-18-89 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, December 18, 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 November 27, 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 November 27, 1989, meeting of the Council be accepted and placed on file, seconded by Council Member Voorde. The motion carried. SPECIAL BUSINESS Council Member Puzzello stated that Mary Grubesich, Charles Vogel and Ernest Niedbalski are all reappointed to the Older Adults Council. Council Member Puzzello stated that Glenda Rae Hernandez is reappointed to the South Bend Human Rights Commission. Council Member Puzzello stated that Roman Piasecki and Sandy Combs are reappointed to the South Bend Redevelopment Commission. 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 November 27, 1989, at 7:05 p.m., with nine members present. Chairman Luecke presiding. BILL NO. 47 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF BENDIX DR. & ELWOOD AV. 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 stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable. Council Member Voorde made a motion to amend this bill, seconded by Council Member Niezgodski. The motion carried. Kevin Joyce, Area Plan Commission gave the staff report. Mike Danch, Planner /Landscape Architect, Peirce & Associates, 52578 U.S. 33 North, made the presentation on the bill. He indicated that the petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a convenience store with gas pumps and a restaurant within the store. Charles Sausman, Realtor Coldwell Banker, One Michiana Square spoke in favor of the bill. He spoke on behalf of the property owners. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Niezgodski. The motion carried. BILL NO. 52 -89 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. Council Member Slavinskas stated that this bill is tabled at the request of the petitioner. BILL NO. 81 -89 A BILL AMENDING THE ZONING ORDINANCE FOR LOTS 1, 2, 3, AND ONE -HALF OF THE VACATED ALLEY NORTH AND ADJACENT TO LINCOLN PLAZA LOCATED AT THE NORTHEAST CORNER OF SHERIDAN AVENUE AND LINCOLNWAY WEST 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 stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable. Council Member Niezgodski made a motion to amend this bill, seconded by Council Member Coleman. The motion carried. Kevin Joyce, Area Plan Commission gave the staff report. Council Member Niezgodski made the presentation on the bill. He indicated that the petitioners Donald J. and Sophia E. Konieczny are requesting a zone change from "A" Residential, "A" Height & Area to "C" Commercial, "C" Height & Area. MEETING ..__ __ _ - -_ __ n ___;DECEMBER _. :1.8 , - -19 8 9 He indicated that the zoning is requeste existing buisness at 2811 1/2 LWW to 382 home of Mary Ann's Curl & Swirl Beauty S Blvd., spoke opposed to the bill. Hein to allow a charater reference to be the Council Member Voorde made a motion to r the council favorable, seconded by Counc carried. BILL NO. 89 -89 A BILL AMENDING THE LOCATED AT 3718 W. BEND, INDIANA. This being the time heretofore set for p proponents and opponents were given an o. Member Slavinskas stated that the Zoning bill and recommends it to the Council fa Member Voorde made a motion to amend thi Coleman. The motion carried. Kevin Joy staff report. Mitchell Heppenheimer 704 presentation on the bill. He stated tha and Linda M. Teske, are requesting a zon Height and Area to "D" Light Industrial the operation of a machine shop with mor read into the record a letter dated Dece: South Bend Common Council: Gentlemen: 3718 W. Western Av. property owners Jame to voice our approvla of this change.. W machine shop at 412 S. Illinois St. on t have had no problem with these nice peop property 1.00 %. Also in regard to the ov from the alley. We have no complaint wi make it too this meeting to tell you in you. Sincerely, Mr. & Mrs. Charles 'Van Zakrzewski made a motion to recommend tih favorable, seconded by Council Member Go BILL NO. 91 -89 A BILL AMENDING THE LOCATED AT 718 LINO THE CITY OF SOUTH B This being the time heretofore set for proponents and opponents were given an Member Slavinskas stated that the Zoni this bill and recommends it favorable Member Slavinskas made a motion to ame Member Soderberg. The motion carried. gave the staff report. Mike Dobson, 2 46637 made the presentation on the bil requesting a zone change to allow addi extended gasoline pump island and to p Rae Hernandez, 702 E. South St. spoke that the she has lived at 702 E. South changed dramatically since then. Coun recommend this bill to the Council fav Council Member Coleman. The motion 'ca BILL NO. 102 -89 A BILL SETTING THE CITY OF SOUTH BEND, 1990, 1991 AND 1992 BILL NO. 103 -89 BILL NO. 104 -89 A BILL SETTING MAXI CLERK OF THE CITY O CALENDAR YEARS OF `1 A BILL SETTING THE MEMBERS OF THE COM BEND, INDIANA, FOR 1992. Council Member Voorde made a motion 'comb 104 -89 for purpose of public hearing, se Kathie Humphreys, City Controller madet bill. She indicated that the salaries !a recent salary changes for non- bargaining Diamond Av., South Bend, IN 46628 spoke indicated that several Council's in,vari those of South Bend. Joe Guentert, 3510 bill. He urged the council not to pass citizens of South Bend a Christmas prese spoke opposed to the bill. He stated th the City to maintain street lighting in the run around. Council Member Niezgods No. 102 -89 to the Council favorable, sec The motion carried. Council Member Zakr Bill No. 103 -89 to the Council favorable Voorde. The motion carried. Council Me v.......rn. --A Mill Ain i nA -SZQ t-n t-ha r'niinr4ll to allow for the moving of an LWW to be used as the future lon. Joe Guentert, 3510 Corby icated that it is inappropriate ain reason for a zone change. commend this bill as amended to 1 Member Duda. The motion ORDINANCE FOR THE PROPERTY AV., IN THE CITY OF SOUTH .blic hearing on the above bill, 1portunity to be heard. Council & Vacation Committee met on this orable as amended. Council bill, seconded by Council Member e, Area Plan Commission gave the W. Washington Av. made the the petitioners James W. Teske change from "C" Commercial "C" D" Height and Area to allow for than five employees. He also Lber 18, 1989 and addressed to the n regard to the zoning change at and Linda Teske. We would like live directly behind this .e alley behind the business. We ,e. They have improved the rhead door they use for loading .h this. Sorry we are not able to ierson of our approval. Thank ie Sample. Council Member s bill as amended to the Council .eman. The motion carried. STING ORDINANCE FOR PROPERTY JAY EAST, SOUTH BEND, INDIANA, IN , INDIANA. blic hearing on the above bill, portunity to be heard. Council & Vacation Committee had met on Council as amended. Council this bill, seconded by Council evin Joyce, Area Plan Commission Dixieway North, South Bend, IN He indicated that he is nal drive and access to an ide additional parking. Glenda osed to the bill. She stated since 1975 and the area has Member Voorde made a motion to ble as amended, seconded by ed. AL SALARY FOR THE MAYOR OF THE IANA, FOR THE CALENDAR YEARS SALARIES AND WAGES OF THE CITY UTH BEND, INDIANA, FOR THE 1991 AND 1992. IMUM SALARIES AND WAGES OF THE COUNCIL OF THE CITY OF SOUTH CALENDAR YEARS OF 1990, 1991 AND ne Bill Nos. 102 -89, 103 -89 and onded by Council Member Coleman. e formal presentation on the proposed are consistent with employees. Lee Brummett, 1129 opposed to the bill. He us cities have salaries less than Corby Blvd., spoke opposed to the hese ordinances and give the t. Ed Talley, 1075 Riverside Dr. t he has been trying to work with is neighborhood and is getting .i made a motion to recommend Bill nded by Council Member Voorde. ewski.made a motion to recommend seconded by Council Member ber Voorde made a motion to :TINT BILL NO. 115 -89 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDRESSING THE AMOUNTS OF BENEFITS TO BE RECEIVED BY SURVIVING SPOUSES OF DECEASED POLICE OFFICERS AND FIREFIGHTERS. 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 stated that the Personnel & Finance Committee met on this bill and recommends it to the Council favorable. John Voorde, Councilman -at -Large made the presentation on the bill. He indicated that the bill would raise the retirement benefits received by surviving spouses of deceased firefighters or police officers. Chief Rick Switalski, South Bend Fire Department spoke in favor of the bill. He indicated that state law had changed January 1, 1989 for widow's pension. He indicated that the benefits would raise from the current level of 30% of the first class firefighter or first class police officer salary to 35% of such salaries. Larry Zurat, F.O.P. #36 spoke in favor of the bill. He stated that being a widow under any circumstance is difficult and thanked the Council for their concern in helping the surviving spouses of deceased firefighters and police officers. Joe Guentert, 3510 Corby Blvd. spoke in favor of the bill. Mrs. Tubbs, 725 E. Washington St. spoke in favor of the bill. Mrs. Rita Banicki, spoke in favor of the bill. Mrs. Annette Orlowski, spoke in favor of the bill. Mrs. Ruszkowski, spoke in favor of the bill. Chief Luther Taylor, South Bend Fire Department spoke in favor of the bill. He stated that he was very pleased with this bill and spoke very highly of the widows and their deceased spouses who were loyal and dedicated employees of the City of South Bend. Randy Magdalinski, 1206 E. Ewing Av., spoke in favor of the bill. He stated that these employees gave their lives for the job. Ann Zurat, 2517 Corby Blvd. spoke in favor of the bill. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 116 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF WEST WAYNE RIGHT -OF -WAY FROM LOT #288 OF THE ORIGINAL PLAT OF SOUTH BEND. Council Member Slavinskas made a motion to continue this bill is to be continued to the January 8, 1990 meeting, seconded by Council Member Coleman. The motion carried. BILL NO. 117 -89 A BILL INCREASING AND REDUCING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN VARIOUS ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1989. 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 stated that the Personnel & Finance Committee met on this bill and recommends it to the Council favorable. John Leisenring, Chief Deputy Controller made the presentation on the bill. He indicated that the bill would make necessary transfers between the various line items in the utility budget. Council Member Voorde made a motion to recommend this bill to the council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 118 -89 BILL NO. 119 -89 A BILL APPROPRIATING $5,546.00 RECEIVED FROM THE STATE OF INDIANA DEPARTMENT OF HUMAN SERVICES, EMERGENCY SHELTER GRANT PROGRAM. A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 6, COMMONLY REFERRED TO AS TAX ABATEMENT PROCEDURES. Council Member Coleman made a motion to to continue Bill Nos. 118 -89 and 119 -89 to the January 8, 1990 meeting, seconded by Council Member Voorde. The motion carried. BILLS, THIRD READING ORDINANCE NO. 8046 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF BENDIX DR. & ELWOOD AV. IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Zakrzewski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman . The motion carried. Council Member Coleman made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8047 -89 This bill had second readina AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR LOTS 1, 2, 3, AND ONE -HALF OF THE VACATED ALLEY NORTH AND ADJACENT TO LINCOLN PLAZA LOCATED AT THE NORTHEAST CORNER OF SHERIDAN AVENUE AND LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA. _ :_DECEMBER '18 ,= _L9 -89. amend this bill, as amended in the Comn Council Member Zakrzewski. The motion; made a motion to pass this bill, second The bill passed by a roll call vote of'. Members Soderberg, Slavinskas and Luec} ORDINANCE NO. 8048 -89 AN ORDINI FOR THE I AV . , IN 7 ttee of the Whole, seconded by arried. Council Member Coleman d by Council Member Zakrzewski. ix ayes and three nays (Council AMENDING THE ZONING ORDINANCE ERTY LOCATED AT 3718 W. WESTERN CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Voorde made a motion to amend this bill, as amended in the Comm ttee of the Whole, seconded by Council Member Coleman. The motion carded. Council Member Voorde made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes.' ORDINANCE NO. 8049 -89 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 718 LINCOLNWAY EAST, SOUTH BEND, INDIANA, IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Voorde made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carr ied. 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.I ORDINANCE NO. 8050 -89 AN ORDINANCE SETTING THE ANNUAL SALARY FOR THE MAYORIOF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1990, 1991 AND 1992.', This bill had second reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of seven ayes and 2 nays'I(Council Members Soderberg and Slavinskas). ORDINANCE NO. 8051 -89 AN ORDINANCE SETTING MAXIMUM SALARIES AND WAGES OF THE CITY CLERK OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS OF 1990, 1991 AND 1992. This bill had second reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of seven ayes and two nays (Council Members Soderberg and Slavinskas). ORDINANCE NO. 8052 -89 AN ORDINANCE SETTING THE MAXIMUM SALARIES AND WAGES',OF THE MEMBERS OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS OF 1990, 1991 AND 1992. This bill had second 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 seven ayes and two nays (Council Members Soderberg and Slavinskas). ORDINANCE NO. 8053 -89 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDRESSING THE AMOUNTS OF BENEFITS TO BE RECEIVED BY SURVIVING'ISPOUSES OF DECEASED POLICE OFFICERS AND FIREFIGHTERS. This bill had second reading. Council Member Niezgodski 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. 8054 -89 AN ORDINANCE INCREASING AND REDUCING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN VARIOUS ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1989! This bill had second reading. Council Member Voorde 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. 120 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT: PARCEL ONE BEING APPROXIMATELY 390 FEET MORE OR LESS EAST OF'ITHE INTERSECTION OF EWING AVENUE AND PRAIRIE AVENUE (STATE ROAD #(23) ON THE SOUTH SIDE OF EWING AVENUE, IN THE CITY OF SOUTH BEND,IN., PARCEL TWO: LOCATED AT APPROXIMATELY 153 FEET EAST OF THE PRAIRIE AVENUE - LOCUST AVENUE INTERSECTION ON THE cnTT9ru gTnF OF PRATRTF AVENUE. ETTNG rtRR 1st_ Ra 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. BILL NO. 121 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1ST EAST -WEST ALLEY SOUTH OF JEFFERSON BLVD. AND BETWEEN ST. LOUIS BLVD. AND THE 1ST NORTH -SOUTH ALLEY EAST OF ST. LOUIS BLVD. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing January 8, 1990, seconded by Council Member Duda. The motion carried. BILL NO. 122 -89 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE SALE OF PROPERTY AT 1733 EAST NORTHSIDE BOULEVARD. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing January 8, 1990, seconded by Council Member Voorde. The motion carried. BILL NO. 123 -89 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A LEASE FOR CERTAIN LAND AND PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing January 8, 1990, seconded by Council Member Coleman. The motion carried. REPORTS FROM AREA PLAN: Bill No. 113 -89 - Historic Landmark 729 Cottage Grove Bill No. 114 -89 - Historic Landmark 713 Cushing Council Member Luecke made a motion to set the above mention bills for second reading and public hearing January 8, 1990, seconded by Council member Voorde. The motion carried. PRIVILEGE OF THE FLOOR Joe Guentert, 3510 Corby Blvd. spoke regarding Heritage Cablevision. He questioned whether or not that he has been paying a franchising fee. 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 Niezgodski. The motion carried and the meeting was adjourned at 9:00 p.m. ATTEST: City Clerk APPROVED: trfegVlent