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HomeMy WebLinkAbout05-27-86 Council Meeting MinutesREGULAR MEETING MAY 27, 1986 Be it remembered that the Common Council of the City of South Bend met in th e Council Chambers of the County -City Building on Tuesday, May 27, at 7:00 p.m. meeting was called to order and the Pledge to the Flag was given. The ROLL CALL Present: Council Members Serge, Braboy, Puzzello, Taylor, Zakrzewski, Barcome, Paszek, Voorde and Beck 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 May 12 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Beverlie J. Beck /s/ Al Paszek /s/ James V. Barcome Council Member Serge made a motion that the minutes of the May 12, meeting of the Council be accepted and placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1415 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING HOLY CROSS BOY SCOUTS OF AMERICA TROOP #437 FOR THEIR SERVICE TO THE SOUTH BEND COMMUNITY. WHEREAS, on Saturday, May 10, 1986, the Neighborhood Spring Clean -Up Program of the Near Northwest Neighborhood began; and WHEREAS, the Neighborhood Spring Clean -Up had the co- operation of the neighborhood residents, members of the Near Northwest Neighborhood, members of the Park Avenue Neighborhood Association, Lincolnway West Business Association, and the Department of Code Enforcement; and WHEREAS, the Common Council would like to specifically commend Holy Cross Boy Scouts of America Troop #437 for their work that day; WHEREAS, under the leadership of two (2) adult troop leaders and Boy Scout Steven Jurek, who is working on his Eagle Badge, the nine (3) Boy Scouts collected over sixty (60) bags of trash, various numbers of bed springs, and large amounts of other assorted trash in cleaning up the river banks of the St. Joseph River along Riverside Drive from the Michigan Street bridge to the Angela Street bridge. 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 of the residents of the City would like to commend Holy Cross Boy Scouts Troop #437 for their service to the South Bend Community. SECTION II. The Council believes that positive contributions like those made by Troop #437 and its two (2) adult leaders during the Neighborhood Spring Clean -Up, are what make this community "alive with pride." SECTION III. This resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council /s/ Eugenia Braboy Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council /s/ Ann B. Puzzello Member of the Common Council /s/ Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ James V. Barcome Member of the Common Council /s/ Al Paszek Member of the Common Council /s/ John Voorde Member of the Common Council Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. Council Member Barcome made a motion to appoint Mary Craypo to the Human Rights Commission, seconded by Council Member Zakrzewski. The motion carried. Council Member Barcome made a motion to change to June 9th meeting to June 10, seconded by Council Member Zakrzewski. The motion carried. REPORTS Council Member Taylor indicated he had received a letter from Heritage Cablevision in regard to a public meeting to be held at Jackson School the 4th of June, however, that date is only tentative until they have confirmation from School City. Council Member Taylor indicated that the Public Safety Committee had met to discuss Bill No. 54 -86 and it received a favorable recommendation, as amended. Council Member Braboy indicated that the Human Resources Committee had met on Bill No. 53 -86 and recommended it favorable. She indicated Bill No. 55 -86 will be postponed until June 23. She indicated there will be a special committee meeting June 3 on Bill 55 -86. Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill Nos. 36, 48 and 58 -86 and recommended them favorable. Council Member Barcome indicated that the Parks Committee had met on Bill No. 56 and 57 -86 and recommended them favorable. 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, May 27, at 7:10 p.m., with nine members present. Chairman Puzzello presiding. Council Member Barcome made a motion to impose the Council's 15 minute rule, seconded by Council Member Taylor. The motion carried. BILL NO. 36 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY EAST OF EDDY STREET RUNNING SOUTH FROM WAYNE STREET TO THE 1ST INTERSECTING EAST -WEST ALLEY FOR A DISTANCE OF 121.8 FEET ALL BEING IN THE SUNNYMEDE 1ST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH 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. Council Member Voorde made a motion to accepted the amended bill, and further amend this bill in Section 5, by adding "and subject to the conditions set forth by the Board of Public Works at its meeting of April 15, 1986.11, seconded by Council Member Barcome. The motion carried. Kenneth Fedder, attorney, made the presentation for the bill. He indicated he represented Mr. and Mrs. John Sullivan and Mary Roemer the petitioners. He indicated they have filed a petition to vacate 1/2 of a north -south alley. He indicated that the Board of Public Works gave this a favorable recommendation with the understanding that a portion of land will be dedicated by Mr. & Mrs. Sullivan to assure the orderly pickup of the trash removal in the alley. He indicated the reason for the vacation was to insure the safety of the children who play in this area. He indicated there was a general increase in traffic in the neighborhood and the establishment of a business near this residential alley has increased the number of cars who use this alley. He indicated that because of the increased traffic on Eddy it is very convenient for people to use this alley as a shortcut. He indicated that many of their neighbors had enter into this petition. He indicated that Mr. & Mrs. Lobdell had asked in the committee meeting if they would still have ingress and egress to their garage. He indicated that Mr. Cholis had indicated the only way they could enter their garage is through the alley area, however, at one time he could reach the garage directly from Wayne, but an addition was built on the house across a portion of the house and patio. He indicated that in regard to alley vacations and land valuations, the case of Danser vs. Indianapolis Union Railway, when it is established that a mere inconvenience of access or a mere circuitous route of access exists this does not constitute a legal injury and there is no right action. He indicated that later on the Court ruled in a site State vs. Hensley, that while the record shows the appellant suffered inconveniences and annoyances there were not compensable appropriations and the ingress and egress made more circuitous and more difficult did not constitute a taking. He indicated there might be some inconveniences but the benefits far exceed the inconveniences. He indicated he felt that if this alley is vacated the surrounding property values will increase. John Sullivan, 1118 E. Wayne and Mary Roemer, 1112 E. Wayne, the petitioners, regarding the increased traffic in this alley and the danger to the children in the neighborhood. Alex Cholis, attorney, representing Mr. and Mr. Lobdell, indicated that the statute does not permit the vacation of an alley or a street merely for the benefit of one or two private individuals, it must be for the good of the public. He indicated the statute further provides grounds for objection, in that the vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient, it would hinder the use of a public way by the neighborhood in which it is located, or hinder the growth of the neighborhood in which it is located. He indicated he had a letter from a realtor who stated the the Lobdell property would be substantially reduced in value if this vacation is granted. He indicated that if the Council grants this vacation an appeal can be made to the Circuit Court. He indicated the safety of the children in the neighborhood had been raised, when actually the only children involved are the petitioners. He indicated that if the alley is vacated the Lobdells will be cut off from one access to their property. John Lackman, 1123 Sunnymede spoke against the closing of this alley. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 40 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF EDDY ST., RUNNING NORTH FROM ST. VINCENT ST., TO THE INTERSECTING EAST -WEST ALLEY FOR A DISTANCE OF 360 FEET, ALL BEING IN HARTMAN AND MILLER ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH 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. Richard Walling, Elder of the Jehovah's Witnesses, made the presentation for the bill. He indicated the purpose of the vacation was for the protection of private properties and public safety. He indicated that due to vandalism it was necessary to fence in the church's parking lot. Council Member Barcome made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Paszek. The motion carried. BILL NO. 58 -86 A BILL TO VACATE PUBLIC WAYS WITHIN AN AREA BOUNDED ON THE SOUTH BY SOUTH STREET, ON THE EAST BY TAYLOR STREET, ON THE SOUTH BY LOTS 4 AND 12 IN VAIL'S SOUTH -WEST ADDITION (BLOCK 7) AND LOTS 14 -6 AND 29 IN BLOCK 8 OF VAIL'S ADDITION WITH THEIR SOUTH PROPERTY LINES PROJECTED EAST AND WEST RESPECTIVELY ACROSS WILLIAMS AND VACATED FRANKLIN STREET, ON THE WEST BY THE 1ST ALLEY WEST OF LAFAYETTE AND ITS WEST SIDE EXTENDED SOUTH TO THE SOUTH R/W LINE OF MONROE STREET THEN EAST ALONG SAID LINE TO THE WEST R/W LINE OF LAFAYETTE BLVD., THENCE SOUTH TO THE NORTH R/W LINE OF SOUTH STREET. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Engineering, made the presentation for the bill. He indicated this petition to vacate various streets and alleys are all in the area of the proposed stadium. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Paszek. The motion carried. BILL NO. 53 -86 A BILL TRANSFERRING $119,500.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Donald Inks, Director of Community Planning and Development, made the presentation for the bill. He indicated this transfer would be used for the 1986 Commercial Loan Program now being developed. Council Member Braboy indicated that the Washington- Chapin project did not choose to go into the general fund and she asked that even though they did not go into that, could they apply for other monies if they have been able to use whey they have. Mr. Inks indicated that the 1987 entitlement is underway and any group that is entitled could apply for funds. Council Member Barcome made a motion to recommend this bill to the Council favorable, seconded by Council Member Paszek. The motion carried. BILL NO. 54 -86 A BILL AMENDING THE SOUTH BEND MUNICIPAL CODE BY ADDING A NEW CHAPTER 12, ENTITLED ALARM SYSTEMS. 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 Beck made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Taylor. The motion carried. Eugenia Schwartz, City Attorney, made the presentation for the bill. She indicated both the police and fire departments are experiencing a large number of false alarms. Police Chief Hurley indicated over a period from January 1, 1985 to December 11, 1985, they received 6,750 alarms and 6,588 were false alarms. George Gyori, Assistant Fire Chief, spoke in favor of this bill. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 55 -86 A BILL AMENDING CHAPTER 2, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED TAX ABATEMENT PROCEDURES. Council Member Voorde made a motion to continue public hearing and second reading on this bill until June 23, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to combine public hearing on the next two bills, seconded by Council Member Barcome. The motion carried. BILL NO. 56 -86 BILL NO. 57 -86 A BILL APPROPRIATING FUNDS STANLEY COVELESKI REGIONAL 399.0, OTHER CONTRACTUALS. A BILL APPROPRIATING FUNDS FEDERAL ASSISTANCE GRANT F' REVENUE SHARING TRUST FUND STADIUM PROJECT. IN THE AMOUNT OF $86,000.00 FROM THE BASEBALL STADIUM FUND TO ACCOUNT IN THE AMOUNT OF $55,500.00 FROM THE JND COMMONLY REFERRED TO AS THE GENERAL FOR THE COVELESKI REGIONAL BASEBALL This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Michael Vance, Controller, made the presentation for the bills. He indicated these bills appropriate additional monies necessary for excavation costs, architectural and engineering fees, and construction costs associated with the stadium. Irene Mutzl, 320 Parkovash, President of the Fair Tax Association, asked if all of the monies previously appropriated had been spent. Mr. Vance indicated not all of the monies had been spent. Ken Donnelly, 2605 Frederickson, spoke against these appropriations. Council Member Beck made a motion to recommend Bill No. 56 -86 to the Council favorable, seconded by Council Member Taylor. The motion carried. Council Member Beck made a motion to recommend Bill No. 57 -86 to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 59 -86 A BILL APPROPRIATING AN ADDITIONAL $5,500.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR CLEANING AND TUCKPOINTING OF MASONRY AND TERRA -COTTA OF THE FACADE AND FOR PAINTING AND REGLAZING OF WINDOWS AND DOORS AT MORRIS CIVIC AUDITORIUM. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Brian Hedman, Director of Century Center, made the presentation for the bill. he indicated appropriation would be combined with a $15,000 appropriation to complete the facade repairs on the east wall of the Morris Civic Auditorium. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. Council Member Barcome made a motion to recess, seconded by Council Member Taylor. The motion carried and the meeting was recessed at 8:40 p.m. There being no further business to come before the Committee of the Whole, Council Member Barcome made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion carried. ATTEST: ATTEST: 6e City Clerk an REGULAR MEETING RECONVENED 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 8:50 p.m. Council President Beck presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 7641 -86 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY EAST OF EDDY STREET RUNNING SOUTH FROM WAYNE STREET TO THE 1ST INTERSECTING EAST -WEST ALLEY FOR A DISTANCE OF 121.8 FEET ALL BEING IN THE SUNNYMEDE 1ST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Taylor 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 Taylor made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7642 -86 This bill had second reading. bill, as amended, seconded by call vote of nine ayes. ORDINANCE NO. 7643 -86 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF EDDY ST., RUNNING NORTH FROM ST. VINCENT ST., TO THE INTERSECTING EAST -WEST ALLEY FOR A DISTANCE OF 360 FEET, ALL BEING IN HARTMAN AND MILLER ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Council Member Puzzello made a motion to pass this Council Member Zakrzewski. The bill passed by a roll AN ORDINANCE TO VACATE PUBLIC WAYS WITHIN AN AREA BOUNDED ON THE SOUTH BY SOUTH STREET, ON THE EAST BY TAYLOR STREET, ON THE SOUTH BY LOTS 4 AND 12 IN VAIL'S SOUTH -WEST ADDITION (BLOCK 7) AND LOTS 14 -6 AND 29 IN BLOCK 8 OF VAIL'S ADDITION WITH THEIR SOUTH PROPERTY LINES PROJECTED EAST AND WEST RESPECTIVELY ACROSS WILLIAMS AND VACATED FRANKLIN STREET, ON THE WEST BY THE 1ST ALLEY WEST OF LAFAYETTE AND ITS WEST SIDE EXTENDED SOUTH TO THE SOUTH R/W LINE OF MONROE STREET THEN EAST ALONG SAID LINE TO THE WEST R/W LINE OF LAFAYETTE BLVD., THENCE SOUTH TO THE NORTH R/W LINE OF SOUTH STREET. This bill had second reading. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7644 -86 AN ORDINANCE TRANSFERRING $119,500.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7645 -86 AN ORDINANCE AMENDING THE SOUTH BEND MUNICIPAL CODE BY ADDING A NEW CHAPTER 12, ENTITLED ALARM SYSTEMS. This bill had second reading. Council Member Zakrzewski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council member Puzzello. The motion carried. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7646 -86 AN ORDINANCE APPROPRIATING FUNDS IN THE AMOUNT OF $86,000.00 FROM THE STANLEY COVELESKI REGIONAL BASEBALL STADIUM FUND TO ACCOUNT 399.0, OTHER CONTRACTUALS. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes and one nay (Council Member Voorde). ORDINANCE NO. 7648 -86 AN ORDINANCE APPROPRIATING FUNDS IN THE AMOUNT OF $55,500.00 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS THE GENERAL REVENUE SHARING TRUST FUND FOR THE COVELESKI REGIONAL BASEBALL STADIUM PROJECT. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Braboy. The bill passed by a roll call vote of eight ayes and one nay (Council Member Voorde). ORDINANCE NO. 764 % -86 AN ORDINANCE APPROPRIATING AN ADDITIONAL $5,500.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR CLEANING AND TUCKPOINTING OF MASONRY AND TERRA -COTTA OF THE FACADE AND FOR PAINTING AND REGLAZING OF WINDOWS AND DOORS AT MORRIS CIVIC AUDITORIUM. This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. Council Member Barcome made a motion to change the meeting time of the June 10 meeting to 4:00 p.m., seconded by Council Member Taylor. The motion carried. BILLS, FIRST READING BILL NO. 60 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST /WEST ALLEY NORTH OF PLEASANT STREET RUNNING EAST FROM TWENTY- EIGHTH STREET TO THE 2ND INTERSECTING NORTH /SOUTH ALLEY EAST OF TWENTY- EIGHTH STREET, EXCEPTING THE 15' R/W OF THE 1ST INTERSECTING NORTH /SOUTH ALLEY EAST OF TWENTY- EIGHTH STREET FOR A COMBINED DISTANCE OF 265 FEET MORE OR LESS AND BEING IN HORNE'S SUBDIVISION OF LOT B IN SOUTH BEND, IN. This bill had first reading. Council Member Voorde made a for second reading and public hearing June 10, and refer it Vacation Committee, seconded by Council Member Zakrzewski. BILL NO. 61 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED (2) FEET OF BROADWAY STREET FROM MAIN ST] EAST OF MAIN STREET. motion to set this bill to the Zoning and The motion carried. PROPERTY: THE SOUTH TWO 2EET TO THE FIRST ALLEY This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing June 10, and refer it to the Zoning and Vacation Committee, seconded by Council Member Barcome. The motion carried. BILL NO. 62 -86 A BILL AUTHORIZING THE ASSIGNMENT OF THE CITY OF SOUTH BEND, INDIANA, ECONOMIC DEVELOPMENT REVENUE BOND (BRETT S. MORSE PROJECT) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. •. . - YA____� � _ M.9 r :max -- - -- - - This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing June 10, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 63 -86 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE PARKING RATES FOR ALL CITY - OPERATED FLAT LOTS, THE COLFAX STREET PARKING GARAGE, AND THE JEFFERSON STREET PARKING GARAGE. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing June 23 and refer it to the Personnel and Finance Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 64 -86 A BILL AMENDING SECTION 20 -18 OF THE SOUTH BEND MUNICIPAL CODE ESTABLISHING FINES FOR OVERTIME PARKING. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing June 23 and refer it to the Personnel and Finance Committee, seconded by Council Member Taylor. The motion carried. UNFINISHED BUSINESS Reports from Area Plan Amend Chapter 21 - Controlled Use - Bill No. 38 -86 Rezone 2408 Prairie Avenue - Bill No. 41 -86 Rezone 4402 S. Michigan - Bill No. 42 -86 Rezone 3606 E. Jefferson - Bill No. 43 -86 Council Member Taylor made a motion to set Bill No. 38 -86 for second reading and public hearing June 23, and refer it to the Human Resources Committee, seconded by Council Member Puzzello. The motion carried. Council Member Taylor made a motion to set these Bill nos. 41, 42 and 43 -86 for second reading and public hearing June 10, and refer them to the Zoning and Vacation Committee, seconded by Council Member Puzzello. The motion carried. PRIVILEGE OF THE FLOOR Irene Mutzl, 320 Parkovash, asked if the City was planning to buy the Robertson's Building. The mayor indicated there were no such plans. Mrs. Mutzl also questioned the Council's travel. Ken Donnelly, 2605 Frederickson, spoke regarding the Council travel and the loss of business in South Bend. There being no further business to come before the Council, unfinished or new, Council Member Barcome made a motion to adjourn, seconded by Council Member Serge. The motion carried and the meeting was adjourned at 9:15 p.m. ATTEST: City Clerk APPROVED: \I.- 1 ,�Jl resident