Loading...
HomeMy WebLinkAbout01-27-97 Council Meeting MinutesREGULAR MEETING Be it remembered that the Common Bend met in the Council Chambers Monday, January 27, 1997, at 7:00 order and the Pledge to the Flag ROLL CALL Present: Absent: JANUARY 27, 1997 Council of the City of South of the County -City Building on p.m. The meeting was called to was given. Council Members Aranowski, Pfeifer, Kelly, Broden, Varner, Ujdak, Coleman, Hosinski and Sniadecki 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 January 13, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the January 13, 1997, meeting be accepted and placed on file, seconded by Council Member Hosinski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2433 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING JENNY PITTS MANIER FOR HER NINE (9) YEARS OF DEDICATED SERVICE IN THE CITY OF SOUTH BEND'S CITY ATTORNEY'S OFFICE Whereas, the South Bend Common Council proudly acknowledges that Indiana Lieutenant Governor Joseph E. Kernan has selected Jenny Pitts Manier as his Chief Legal Counsel effective February 1, 1997; and Whereas, the Council acknowledges that Jenny Pitts Manier started working in the City Attorney's Office on February 29, 1997; and Whereas, some of the major areas of responsibility under Jenny's jurisdiction included being the attorney for the South Bend Redevelopment Commission since September 1990 being a member of the Board of Public Works, providing legal opinions to the City Controller's Office and UEA, and was instrumental in providing detailed legal opinions on annexation, ordinance review, access to public records requests, and a multitude of litigation; and Whereas, as Chief Assistant City Attorney, Jenny Pitts Manier, was the "point person" in significantly upgrading the Legal Department's library, most notably including the conversion of all case books and statutes to CD -ROM; and Whereas, Jenny Pitts Manier will long be remembered for her distinguished service, not onoly to the City Attorney's Office, but also to the citizens of the City of South Bend for her thoroughly researched and competent legal opinions and guidance which she has provided to the City over the past several years. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: REGULAR MEETING JANUARY 27. 1997 Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends JENNY PITTS MANIER for her nine (9) years of dedicated and conscientious service to all of the citizens of the City of South Bend, and in particular to the City Attorney's Office. Section II. The Common Council notes that Jenny had provided legal opinions which were instrumental in such projects as the Football Hall of Fame, West Washington Homes, the St. Joseph County Juvenile Justice Center, the relocation of Ivy Tech, Blackthorn Corporate Park, Blackthorn Golf Course, Central High School Apartments, and myriad of other municipal projects throughout our fine City. Section III. The South Bend Common Council wishes Jenny and her husband Ed continued success as she takes on new challenges and endeavors at the State level, and we hope that she will entrust her key to someone who is as faithful as she has been in opening up the Executive Offices each weekday. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. James Aranowski, Member David Varner, Member Charlotte Pfeifer, Member Roland Kelly, Member John Broden, Member Loretta Duda, City Clerk Andrew Ujdak, Member Sean Coleman, Member John Hosinski, Member Rod Sniadecki, Member Steve Luecke, Mayor Kathleen Cekanski - Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Broden read the resolution and presented it to Jenny Manier. Mayor Luecke commended her for her work and dedication. He presented her with a Key to the City. Richard Nussbaum, city attorney, thanked the Council for taking the time to recognize an outstanding employee. Each Council Member commended her. Council Member Varner made a motion to adopt this resolution by acclamation, seconded by Council Member Sniadecki. The motion carried. RESOLUTION NO. 2434 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING JOHN LESZCZYNSKI FOR TWENTY - TWO (22) YEARS OF DEDICATED PUBLIC SERVICE TO THE CITY OF SOUTH BEND, INDIANA Whereas, on March 23, 1975, John Leszczynski began employment with the City of South Bend; and Whereas, on January 1, 1977, John Leszczynski was promoted to the position of Public Construct Manager; and Whereas, on December 31, 1979, John was again promoted to be Director of Utilities, a position which we held until being named City Engineer on September 1, 1980; and Whereas, as Director of Public Works, John Leszczynski was instrumental in successfully managing several major public works projects some of which include: the major improvements at the Wastewater Treatment Plant, upgrading of the municipal water 1 REGULAR MEETING JANUARY 27. 1997 distribution system, construction of the Stanley COVELESKI Regional Stadium, construction of the College Football Hall of Fame, upgrading of countless signalization intersections, upgrading of streets and sewer systems through the City, as well as being a vital contributing voice during the successful Teamster Wage and Benefit negotiations; and Whereas, the public works projects of the City of South Bend, Indiana, continue to be upgraded and improved thanks to the management skills and professional insights of City Engineer John Leszczynski. NOW, THEREFORE, BE ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends JOHN LESZCZYNSKI for his twenty -two (22) years of dedicated and conscientious public service to the citizens of South Bend, Indiana. Section II. The Common Council acknowledges that John Leszczynski has been nationally recognized for his professional management skills and is grateful to him for providing his talents, thoughts and insights in making the City of South Bend, Indiana, a leader in many public works projects. Section III. The South Bend Common Council wishes John well as he takes on new career endeavors in the private sector; and further wishes him, his wife, Jean, and their son, John, continued success; and grateful says Dzienkuje on behalf of all of the residents of the City of South Bend, Indiana. James Aranowski, Member Charlotte Pfeifer, Member Roland Kelly, Member John Broden, Member Loretta Duda, City Clerk David Varner, Member Andrew Ujdak, Member Sean Coleman, Member John Hosinski, Member Rod Sniadecki, Member Steve Luecke, Mayor Kathleen Cekanski - Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Aranowski read the resolution. Mayor Luecke presented a snow shovel embossed with the City's seal, and a Key to the City. Jack Dillon, director of environmental services, as well as each bureau head in Public Works, commended him for a job well done. Each Council Member commended John for a job well done. Council Member Coleman made a motion to adopt the resolution by acclamation, seconded by Council Member Hosinski. The motion carried. Mayor Luecke gave his State of the City Address. Council Member Coleman made a motion to recess, seconded by Council Member Varner. The motion carried and the meeting was reconvened at 8:42 p.m. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 8:42 p.m. with nine members present. Chairman Coleman presiding. 0 REGULAR MEETING JANUARY 27, 1997 BILL NO. 1 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY WEST OF ST. JOSEPH STREET FROM THE SOUTH RIGHT -OF- WAY OF WEST WESTERN AVENUE TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST -WEST ALLEY SOUTH OF WEST WESTERN AVENUE FOR A DISTANCE OF APPROXIMATELY 198 FEET IN LENGTH AND WIDTH OF 14 FEET. PART LOCATED IN MARTIN'S ADDITION 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 Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. William Panzica, managing member of Western Avenue Properties, made the presentation for the bill. He reported this is the second request for the closing of this alley, because one property owner did not get a notification. He indicated the reason for the vacation was for security purposes around the bankruptcy court. Ann Kolata, Redevelopment, spoke in favor of this bill. John Broden made a motion to recommend this bill to the Council favorable, seconded by Council member Aranowski. The motion carried. BILL NO. 3 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING THE CITY OF SOUTH BEND BARRETT LAW ACCOUNT Council Member Coleman made a motion to strike this bill, at the request of.the petitioner, seconded by Council Member Varner. The motion carried. BILL NO. 4 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $120,000.00 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) 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 Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Betsy Harriman, administrative assistant, made the presentation for the bill. She indicated this appropriation would be used for purchase of a field roller; upgrading air conditioning /heating units; purchase of a new sound system; picnic garden expansion and interior /exterior painting and carpeting. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried. Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Aranowski. The motion carried. L 'ty Cl .��/ � REGULAR MkETING RECONVENED ATTEST: Chairman 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 Kelly presiding, and nine members present. ORDINANCE NO. 8754 -97 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE J REGULAR MEETING JANUARY 27, 1997 VACATED IS DESCRIBED AS THE FIRST NORTH - SOUTH ALLEY WEST OF ST. JOSEPH STREET FROM THE SOUTH RIGHT -OF -WAY OF WEST WESTERN AVENUE TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST -WEST ALLEY SOUTH OF WEST WESTERN AVENUE FOR A DISTANCE OF APPROXIMATELY 198 FEET IN LENGTH AND WIDTH OF 14 FEET. PART LOCATED IN MARTIN'S ADDITION 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 Hosinski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8755 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $120,000.00 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) This bill had third motion to pass this The bill passed by RESOLUTIONS reading. Council Member Coleman made a bill, seconded by Council Member Hosinski. a roll call vote of nine ayes. RESOLUTION NO. 2435 -97 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF ADDITIONAL OFFICE SPACE FOR THE ST. JOSEPH COUNTY /SOUTH BEND BUILDING DEPARTMENT IS NEEDED WHEREAS, the Board of Public Works of the City of South Bend, Indiana ( "Board "), on October 28, 1996, received a Petition signed by fifty (50) owners of real property of the City of South Bend, requesting that the Board provide office space for the offices of St. Joseph County /South Bend Building Department (Building Department) by entering into a Lease Agreement with the 1st Source Bank of South Bend, Indiana, for approximately 612.72 square feet and being situated on the 1st Floor of the building known as the First Bank Building, 205 W. Jefferson, South Bend, Indiana, for a term of one (1) year, with an annual rental of Six Thousand Seven Hundred Thirty -nine and 92/100 ($6,739.93) with an option to renew for an additional one -year (1) period years at this annual same rental; and WHEREAS, the Board also received, on January 20, 1997, a certificate of the St. Joseph County Auditor certifying that the verifier of the petition and the signatories of the petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, pursuant to IC 36- 1 -10 -7 (2) requires, prior to the Board of Public Works entering into such a lease agreement, that the Common Council, after investigation, determine that the same is needed. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND COMMON COUNCIL, AS FOLLOWS: 1. That the Common Council has conducted a public hearing on this resolution, and has heard persons desiring to speak in favor and opposed to the adoption of this resolution. 2. That the Common Council finds that the City of South Bend nor St. Joseph County has adequate space available in the County -City Building located at 227 West Jefferson Boulevard, South Bend, Indiana, or in the current offices of the St. Joseph REGULAR MEETING JANUARY 27, 1997 County /South Bend Building Department ( "Building Department ") at 205 West Jefferson Boulevard, South Bend, Indiana, large enough to house the staff of the Department of Building Department. 3. That the most efficient and cost effective allocation of resources warrants the lease of office space. 4. That approximately 612.72 square feet of additional office space is available within the building known as the First Bank Building, 205 West Jefferson Boulevard, South Bend, Indiana, and is proposed to be leased to the City of South Bend for the use of the Building Department. 5. That on January 20, 1997, a petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana requesting that it provide office space for the offices of the Building Department, by entering into a lease agreement with the 1st Source Bank of south Bend, Indiana, for approximately 612.72 square feet within the building known as the First Bank Building, 205 West Jefferson Boulevard, South Bend, Indiana, for an annual rental of Six Thousand Seven Thirty -nine and 92/100 Dollars ($6,739.92). 6. That on January 20, 1997, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the petition are taxpayers of property located within the corporate limits of the City of South Bend. 7. That on January 20, 1997, a proposed Lease Agreement was filed within the Board of Public Works. 8. That having heard all speakers at the presentation and hearing on this resolution on the 27th day of January, 1997, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigations, discussions and consideration by individual Council members, the South Bend Common Council hereby finds pursuant to I.C. 36- 1 -10 -7 (2), that the provision of office space for the offices of the Building Department by lease, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor, is needed. 9. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member, South Bend Common Council A public hearing was held on the resolution at this time. Don Fozo, Building Superintendent, made the presentation for the resolution. He indicated that over the past year they had taken on added responsibilities which required additional employees, therefore, more space is needed for their operation. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Broden. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 6 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALL STREETS AND ALLEYS SOUTH OF VACATED KEASEY STREET BETWEEN EAST OF FELLOWS STREET, NORTH OF WENGER STREET, AND WEST OF MARIETTA STREET This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on February 10, seconded by Council Member Pfeifer. The motion REGULAR MEETING carried. JANUARY 27, 1997 BILL NO. 7 -97 A BILL APPROPRIATING $10,000 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE REHABILITATION OF THE STATE THEATRE IN DOWNTOWN SOUTH BEND This bill had first reading. Council Member Broden made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on February 10, seconded by Council Member Coleman. The motion carried. BILL NO. 8 -97 A BILL APPROPRIATING $40,000 WITHIN THE U.D.A.G. FUND (FUND 410) FOR THE PURPOSE OF FUNDING PREDEVELOPMENT COSTS This bill had first reading. Council Member Broden made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on February 10, seconded by Council Member Sniadecki. The motion carried. BILL NO. 9 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES, INCLUDING $3,621,000 FROM THE GENERAL FUND, $1,315,000 FROM THE PARKS AND RECREATION FUND, $700,000 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $135,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $280,591 FROM THE EMERGENCY MEDICAL SERVICES FUND, $60,000 FROM THE BUILDING DEPARTMENT FUND, $155,500 FROM THE SOLID WASTE DEPRECIATION FUND, $1,732,500 FROM THE WATER WORKS DEPRECIATION FUND, $7,626,714 FROM THE SEWAGE WORKS DEPRECIATION FUND, $1,587,000 FROM THE LOCAL ROAD AND STREET FUND, $1,080,971 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on February 10, seconded by Council Member Aranowski. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill No. 109 -96 for public hearing and third reading on February 10, and refer it to the Zoning and Annexation Committee, seconded by Council Member Aranowski. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke about a $500 contribution the City made to the Madison Foundation, indicating the City should not be making donations to charitable organizations. He also discussed the payment of $21,000 to Municipal Consultants for their work on the deregulation of the Water Works. Gene Oakley, 2614 York Rd., introduced himself to the new Council Members. There being no further business to come before the Council unfinished or new, Council President Kelly adjourned the meeting at 9:00 p.m. ATTEST: ATTEST: p City C erk President