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HomeMy WebLinkAbout03-25-96 Council Meeting MinutesREGULAR MEETING MARCH 25, 1996 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, March 25, 1996, 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, Pfeifer, Kelly, Broden, Varner, Zakrzewski, Coleman Hosinski and Washington 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 11, meeting 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 March 11, 1996, meeting be accepted and placed on file, seconded by Council Member Washington. The motion carried. SPECIAL BUSINESS Council Member Washington made a motion have one meeting in April, on April 15, seconded by Council Member Hosinski. The motion carried. RESOLUTION NO. 2349 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE SOUTH BEND, INDIANA, COMMENDING JOSEPH BURKUS AS THE COUNCIL'S APPOINTMENT TO THE CENTURY CENTER BOARD OF MANAGERS FROM 1978 TO 1996. Whereas, the Common Council of the City of South Bend, Indiana, proudly acknowledges that in November of 1978, the Common Council appointed Joseph Burkus to be a member of the Century Center Board of Managers; and Whereas, Mr. Burkus became a member of the Board one year after the Century Center opened in order to fill the position formerly held by Stanley Ladd, former President of the St. Joseph County AFL -CIO; and Whereas, Joseph Burkus was the President of UAW Local No. 9 and retired as the Local No. 9 President in 1981 after a record twelve years in that position; and Whereas, Mr. Burkus brought needed labor - management experience to the Century Center Board of Managers which assisted the Board in many of its decision - making responsibilities; and Whereas, during Mr. Burkus' tenure, he served as President, Vice President and Secretary of the Century Board of Managers and served on many committes of the Board; and Whereas, under the Century Center Board of Managers leadership, the cooperation of local governmental officials and private entities the Century Center has generated an economic impact to our community which exceeds 30 million dollars per year and generates over 400 jobs in addition to those individuals employed at the Century Center; and Whereas, Mr. Burkus is known for bringing the i1common Man REGULAR MEETING MARCH 25, 1996 approach and the Man -on -the Street perspective to the Board which proved invaluable over the years. 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 citizens of our City publicly commends JOSEPH BURKUS for his dedicated service as a member of the Century Center board of Managers from November of 1978 through February 1, 1996. Section II. As an appointment of the South Bend Common Council to the Century Center Board of Managers, Mr. Burkus provided keen insights and invaluable leadership in making the Century Center one of the busiest centers of its size in the United States. Section III. The Common Council sincerely THANKS Mr. Joseph Burkus for his years of dedicated public service to the City of South Bend as a member of the Century Center Board of Managers and wishes him good health and continued challenges in the years ahead. . 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. Stephen Luecke, 1st District Charlotte Pfeifer, 2nd District Roland Kelly, 3rd District John Broden, 4th District Attes i ret a a,'/e! y Clerk David Varner, 5th District Thomas Zakrzewski,6th District Sean Coleman, At Large John Hosinski, At Large Cleo Washington, At Large Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Coleman made the presentation for the resolution. He read the resolution, and said it had been a pleasure to serve with Joe Burkus on the Century Center Board. Council Member Washington made a motion to adopt the resolution, seconded by Council Member Zakrzewski. The motion carried and the resolution was adopted by a roll call vote of nine ayes. Mr. Burkus thanked the Council and indicated that working together people can make anything happen. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. 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 7:15 p.m. with nine members present. Chairman Washington presiding. BILL NO. 14 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE SOUTHEAST QUARTER OF SECTION 1, REGULAR MEETING MARCH 25, 1996 TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND ALSO BEING A PART OF LOT 8 AS SHOWN ON THE RECORDED PLAT OF SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL IN BOOK 1, PAGE 53 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF NOTRE DAME AVENUE AND THE SOUTH RIGHT OF WAY LINE OF THE FIRST EAST /WEST ALLEY SOUTH OF SOUTH BEND AVENUE; THENCE EAST ALONG SAID SOUTH LINE OF THE EAST /WEST ALLEY TO A POINT 20 FEET WEST OF THE INTERSECTION OF SAID SOUTH LINE OF THE EAST /WEST ALLEY AND THE WEST LINE OF THE FIRST NORTH /SOUTH ALLEY EAST OF NOTRE DAME AVENUE; THENCE NORTH TO THE NORTH LINE OF SAID EAST /WEST ALLEY; THENCE WEST ALONG SAID NORTH LINE OF THE EAST /WEST ALLEY TO THE EAST RIGHT OF WAY LINE OF NOTRE DAME AVENUE; THENCE SOUTH TO THE PLACE OF BEGINNING. THE EAST /WEST ALLEY DESCRIBED WAS CREATED BY THE BOARD OF PUBLIC WORKS CONDEMNATION RESOLUTION NUMBER 13 DATED MAY 6, 1904 Tom Keller, attorney for the petitioner, asked that this matter be continued until April 15. He said they realize they would be waiving their rights to have a public hearing within 30 days. Council Member Luecke made a motion to continue this bill until April 15, at the request of the petitioner, seconded by Council Member Broden. The motion carried. BILL NO 4 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY - THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY WEST OF NORTH MAIN STREET FROM THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF WEST MADISON STREET TO THE SOUTH RIGHT -OF -WAY LINE OF WEST MADISON FOR A DISTANCE OF APPROXIMATELY 198 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN ORIGINAL TOWN OF SOUTH BEND, SAINT 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 Varner reported that the Public Works and Property Vacation Committee had met on this bill and had no recommendation, since the petitioner did not attend the committee meeting. Crews Perkey, 16240 Candlewycke Court, made the presentation for the bill. He indicated the First United Methodist Church was requesting this vacation to prevent access for the general public to the alley directly behind the church in order to eliminate risk of injury to to pedestrians leaving the church, and to allow construction of a car cover for inclement weather. He indicated they planned to build a barrier at the south end so the traffic would be one way going north. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 2 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE TO REVISE REQUIREMENTS AS TO IDENTIFICATION OF ANIMALS, TO REVISE PROVISIONS FOR ANIMAL CONTROL AND PENALTIES FOR VIOLATIONS 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 Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Broden. The motion carried. Council Member Washington 1 1 1 REGULAR MEETING MARCH 25, 1996 Member Broden. The motion carried. Council Member Washington I eported that the Public Safety Committee had met on this bill several times, and recommended it to the Council favorable. Kathy Dempsey, Director of Code Enforcement, made the presentation for the bill. She thanked the Council, Dr. Ecker, the Humane Society, and every one else who was involved in the preparation of this bill. She indicated the changes have involved slowly and there have been many meetings. She indicated the micro chipping, free ride home program and adoption were the issues. She indicated the City has asked for leniency on the adoption issue since the cost is $100 and micro chipping would be an option rather than mandatory. She reported that the free ride program allows animal control to return a licensed pet to their home. Carol Ecker, DVM, 50871 Ironwood, spoke against the bill, indicating there were issues not resolved and the bill should be continued. She indicated that non - working people are the only ones who would benefit from the return home program. She indicated the dogs should be micro chipped when they are adopted. She indicated the City is instituting programs that have been tried and discontinued in other cities. She indicated there was a lack of knowledge and experience. Larry Scott, 710 N. Olive, indicated he was concerned about the cost of micro chipping, as well as the free ride home program. Pat Bryan, 515 E. Monroe, indicated she was concerned about the cost of the micro chipping. She indicated pet therapy is helpful to people with disabilities, as well as the elderly. Leonard Grummell, 1919 S. Carlisle, spoke against microchipping. Jackie Walorski, 1342 Roleke Dr., thanked the Council for letting the public address the issues on this bill. She indicated she was opposed to the free ride program, and felt all of the issues in this bill should be addressed before it is passed. Mary Wadsworth, Director of the Humane Society, indicated she has concerns about micro chipping, the ride home program, and when an animal is declared dangerous to let people have them a choice of a five sided kennel or a fence is not wise. After Council discussion, Council Member Coleman made a motion to continue public hearing on this bill until April 15, seconded by Council member Varner. The motion carried on a roll call vote of six ayes and three nays (Council Members Luecke, Zakrzewski, Kelly.) BILL NO. 13 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE TO ADD DIVISION 6, SECTION 13 -123 ESTABLISHING FEES FOR PROCESSING HANDGUN TRANSFER APPLICATIONS Council Member Luecke made a motion to continue this bill indefinitely at the request of the petitioner, seconded by Council Member Broden. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: ATTEST: ity Cle Chairman 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 7:55 p.m. Council President Kelly presiding, and nine members present. BILLS, THIRD READING REGULAR MEETING ORDINANCE NO. 8663 -96 RESOLUTIONS MARCH 25, 1996 AN ORDINANCE TO VACATE THE FOLLOWING - THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY WEST OF NORTH MAIN STREET FROM THE NORTH RIGHT - OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF WEST MADISON STREET TO THE SOUTH RIGHT -OF -WAY LINE OF WEST MADISON FOR A DISTANCE OF APPROXIMATELY 198 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN ORIGINAL TOWN OF SOUTH BEND, SAINT JOSEPH COUNTY, INDIANA RESOLUTION NO. 2350 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING.A CITY NEGOTIATING TEAM FOR FIREFIGHTER NEGOTIATIONS Whereas, the Common Council has the mandatory duty to fix by ordinance the annual compensation for members of the South Bend Fire Department pursuant to Indiana Code §36- 8- 3 -3(d); and the Board of Public Safety has the exclusive right to oversee all matters excluding compensation of the South Bend Fire Department pursuant to Indiana Code §36 -8 -3 -2 (b)(1); and Whereas, the City of South Bend, Indiana, has determined that a unified effort would be in the City's best interest when addressing, through the negotiations process, such items as wages, salaries, fringe benefits, and working conditions; and Whereas, the current Fire Department Salary Ordinance and their current Collective Bargaining Agreement expire at the end of the calendar year; and Whereas, the Board of Public Safety will take action on a similar Resolution which will appoint an advisory negotiating team to work with the City's agent and person to represent the Board regarding upcoming Fire Deparmtent matters addressed in the Collective Bargaining Agreement; and Whereas, the advisory City Negotiating Team shall not be considered a JPublic Agency or lGoverning Body as defined in Indiana Code §5- 14- 1.5 -2; and Whereas, the Common Council and the City Administration jointly agree that a unified effort through an advisory City Negotiating Team to work with an authorized agent and person to act on their behalf for Fire Negotiations, is the best and most positive approach for the City. Now, therefore be it resolved 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, hereby appoints an advisory City Negotiation Team to represent and recommend to them on salary and monetary fringe benefit matters; and authorizes Kathleen Cekanski - Farrand, as their agent and person to act pursuant to I.C. §5- 14- 1.5 -6.5, to negotiate on its behalf with the South Bend Fire Fighters Association Local No. 362. The members of the advisory City negotating team shall be as follows: Roland Kelly Kathleen Cekanski - Farrand, Spokesperson Stephen Luecke Kevin Horton Thomas L. Bodnar 1 1 1 REGULAR MEETING MARCH 25, 1996 SECTION II: This resolution shall be in full force and effect from and after its adotpion by the Common Council and approval by the Mayor. Stephen Luecke, 1st District David Varner, 5th District Charlotte Pfeifer, 2nd District Roland Kelly, 3rd District John Broden, 4th District Attest -- h'-Op6t t Duda ity lerk A public hearing was held on the Council President Kelly made the He read the resolution. Council accept the substitute resolution seconded by Council Member Varne; a roll call vote of nine ayes. Thomas Zakrzewski,6th District Sean Coleman, At Large John Hosinski, At Large Cleo Washington, At Large Joseph E. Kernan, Mayor resolution at this time. presentation for the resolution. Member Luecke made a motion to on file with the City Clerk, r. The resolution was adopted by RESOLUTION NO. 2351 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF COMMERCE (ECONOMIC DEVELOPMENT ADMINISTRATION) AN APPLICATION FOR TITLE IX LONG TERM ECONOMIC DETERIORATION (LTED) IMPLEMENTATION STRATEGY GRANT ASSISTANCE UNDER THE FISCAL YEAR 1996 ECONOMIC ADJUSTMENT PROGRAM WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the appropriate applicant for a Title IX Long Term Economic Deterioration (LTED) Implementation Strategy Grant Assistance Under the Fiscal Year 1996 Economic Adjustment Program; and WHEREAS, the City of South Bend has been invited by the United States Department of Commerce, Economic Development administrator, to submit such an application. NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council of the City of South Bend, Indiana, a complete copy of the LTED Grant Application to be submitted by the Mayor to the Economic Development Administration, prior to its submission to the Economic Development Administration, so that the same is available for public review. SECTION II. That for every activity project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of REGULAR MEETING MARCH 25. 1996 any Economic Development Administration grant funds received upon approval of this applicaiton SECTION IV. That the Mayor shall be authorized to accept and affirm the grant award should one be made. SECTION V. That the City of South Bend, Department of Redevelopment be designated as the City of South Bend's adminstrating agency and office. SECTION VI. That 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 of the Common Council A public hearing was held on the resolution at this time. John Stark, Community & Economic Development, made the presentation for the resolution. He indicated this resolution authorizes the mayor to submit an application for a long term economic deterioration implementation strategy grant. He indicated if this grant is received, it will be used, along with matching funds, for redevelopment of the former White Farm facilities. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2352 -96 A JOINT RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AND MAYOR JOSEPH E. KERNAN PROCLAIMING APRIL 1 -7, 1996 AS NATIONAL COMMUNITY DEVELOPMENT WEEK Whereas, Mayor Joseph E. Kernan and the Common Council of the City of South Bend note the COMMUNITY DEVELOPMENT BLOCK GRANT has been a valuable asset to South Bend since 1975; and Whereas, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has operated since 1974 to provide local governments with the resources required to meet the needs of persons of low and moderate income; and Whereas, in the last several years the Federal Government has reduced Federal assistance to local governments and nonprofit organizations; and Whereas, during this time of constricted Federal contributions to the task of meeting the needs of low and moderate income persons, the problems have grown as evidenced by the dwindling supply of affordable housing, the massive rise in homelessness, and the resurfacing of hunger and malnutrition; and Whereas, during this time of Federal withdrawal from responsibility, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has assumed increasing importance for meeting pressing community problems; and WHEREAS, the Congress of the United States has declared April 1 -7, 1996 NATIONAL COMMUNITY DEVELOPMENT WEEK and call upon all citizens of our city to participate in ceremonies and activities celebrating the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. /s /Roland Kelly Member of Common Council A public hearing was held on the resolution at this time. Elizabeth Leonard, Economic Development, made the presentation 1 1 REGULAR MEETING MARCH 25, 1996 for the resolution. She indicated this resolution will proclaim the week of April 1 - 7 National Community Development Week. She indicated the Federal Administration has proposed deep cuts in future funding for the Community Development Block Grant Program, and this resolution is requested to draw attention to the great contribution this grant makes to the City. She indicated if they cut this program the City will lose a valuable resource. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 61 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3418 MISHAWAKA AVE., IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Zoning and Annexation Committee, and set it for public hearing and third reading on April 15, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 18 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 6, ENTITLED TAX ABATEMENT PROCEDURES OF THE SOUTH BEND MUNICIPAL CODE This bill had first reading. Council Member Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on April 15,, seconded by Council Member Hosinski. The motion carried. BILL NO. 19 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY This bill had first reading. Council Member Broden made a motion to refer this bill to the Parks Committee and set it for public hearing and third reading on April 15, seconded by Council Member Washington. The motion carried. Bill No. 20 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 211 -213 S. MICHIGAN, IN THE CITY OF SOUTH BEND. This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Luecke made a motion to set Bill No. 61 -94 for public hearing and third reading on April 15, and refer it to the Zoning and Annexation Committee, seconded by Council Member Zakrzewski. The motion carried. Council Member Zakrzewski made a motion to set Bill Nos. 5, 7, 10 -96 for public hearing and third reading on April 15, and refer it to the Zoning and Annexation Committee, seconded by Council Member Luecke. The motion carried. PRIVILEGE OF THE FLOOR Garry Aretz, 1553 Wildflower, spoke regarding the City being in the animal control business. REGULAR MEETING MARCH 25. 1996 Gunnar Jenson, 1920 Rockne, spoke in favor of returning animal control to the Humane Society. Pat Bryan, 515 E. Monroe, said the disabled access to the building was locked. She asked that arrangements be made that this door be open when there is a public meeting. She indicated that in March of 1993 the Council passed a resolution declaring March Disability Awareness Month, and the Council has not passed a resolution since that time. Stephanie Crayton, deputy director for social change, 305 S. Lake, spoke regarding the closing of the Kennedy Pool. She indicated they had scheduled a meeting with a representative from the Park Department and they did not show up for the meeting. She said this neighborhood needs help. Larry Scott, 710 N. Olive, spoke regarding the closing of schools in the City. He indicated there is a war raging on the west Side of the City, he asked for the Council's help in fighting the war of the streets. Leonard Grummell, 1919 S. Carlisle, asked the Council when they last read the Constitution of the United States. He indicated the flag in the Chambers was an admiralty flag. Kathy Dempsey, Director of Code Enforcement, spoke regarding the City's experience with animal control. There being no further business to come before the Council unfinished or new, Council President Kelly adjourned the meeting at 8:50 p.m. ATTEST: resident