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HomeMy WebLinkAbout07-08-91 Council Meeting Minutes217 REGULAR MEETING JULY 8. 1991 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 8, 1991, 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, Duda, Coleman and Ladewski 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 24, 1991 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Tom Zakrzewski /s /Don Niezgodski Council Member Puzzello made a motion that the minutes of the June 10, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Duda. The motion carried. Council Member Zakrzewski made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. 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 on July 8, 1991 at 7:05 p.m., with nine members present. Chairman Duda presiding. BILL NO. 29 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EWING AVENUE AND IRONWOOD ROADS, IN THE CITY OF SOUTH BEND, INDIANA, FOR MERVIN AND DELORIS PURSER. Council Member Slavinskas reported Zoning and Vacation Committee had met on this bill and recommended it to the Council unfavorable. John Byorni, Area Plan, gave the staff report and indicated that this zoning was sent to the Council with no recommendation. Ken Fedder, attorney, asked that this be continued until July 22 to give him an opportunity to have the plans revised and meet with the neighbors to see if revision is satisfactory. Council Member Slavinskas made a motion to continue public hearing until July 22, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 35 -91 A BILL AMENDING THE ZONING ORDINANCE FOR THE WEST WASHINGTON - CHAPIN DEVELOPMENT AREA OF 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 reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made the presentation for the bill. He indicated this rezoning is one of the final phases of a city -wide zoning process to bring the zoning classifications to their latest use. He indicated this rezoning was initiated by Area Plan, and they worked with the Board of the West Washington- Chapin Renewal Project, Inc. Robert Sante, Area Plan, gave the Staff Report. He indicted much of the Area has been zoned industrial and commercial, however, many of the buildings have outlived their original classifications. He indicated the WWCRP group had worked with Area Plan to develop this land use plan. He indicated they were hoping to attain something similar to the Monroe Park Development. Carl Works, 1150 Thomas, President of WWCRP, indicated this zoning would give the residents a measure of control of their neighborhood. Tom Miller, 715 W. Washington, WWCRP Board Member, indicated this neighborhood must be preserved. Jerry Safo, 1116 W. Jefferson, spoke against this zoning. Terry Rickert, 514 W. LaSalle, indicated his property was being zoned from commercial to single - family. He indicated there were only two single family homes in the block, and this zoning will hurt his investment. James Cronk, 1235 W. Washington, indicated the City wanted to tear down buildings that had economic development potential. Charles Stevens, 938 W. LaSalle, spoke against this zoning. Council Member Luecke indicated that the non - conforming uses should all be cataloged. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Niezgodski. The motion carried. BILL NO. 31 -91 A BILL APPROPRIATING $65,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM. `18 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 Soderberg. The motion carried. Council Member Luecke reported the Human Resources Committee had met on this bill and recommended it to the Council favorable. Council Member Slavinskas made a motion to separate the $5,000 from this bill, seconded by Council Member Zakrzewski. The motion was defeated by a roll call vote of four ayes (Council Members Soderberg, Slavinskas, Zakrzewski and Niezgodski) and five nays. Kathy Baumgartner, Director of the Bureau of Housing, made the presentation for the bill. She indicated these funds would be used to provide services to the homeless, abused women, youth at risk and to homeless AIDS victims. Dr. George Plain, County Health Officer, indicated that the Task Force was looking at several HUD homes as possible sites for the AIDS home. John Frybort, AIDS service coordinator for the Health Department, indicated they were looking for a three or four bedroom home that could house a family or several individual AIDS patients. He indicated the home will be for homeless people with the HIV virus, that are self- sufficient, and no on -site care is planned. Len Lieber, 1614 Kevin Court, spoke in favor of this bill. Carl Works, 1115 Thomas, spoke against this bill, indicating before it was passed they should know where the home is located. Alan White, 1454 Catherwood, spoke against this bill. Council Member Luecke read a letter from the YWCA indicating they were willing to help coordinate the facility. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried on a roll call vote of six ayes and three nays (Council Members Slavinskas, Zakrzewski and Niezgodski.) BILL NO. 42 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 ENTITLED "SCHEDULE OF ORDINANCE AND CODE 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 Puzzello indicated the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Council Member Niezgodski made the presentation for the bill.>_ -ie indicated this bill would add the penalty for truck routes that was previously omitted. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Soderberg made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED ai an 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 9:17 p.m. Council President Niezgodski presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8196 -91 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE WEST WASHINGTON- CHAPIN DEVELOPMENT AREA OF 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 Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8197 -91 AN ORDINANCE APPROPRIATING $65,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM. This bill had third reading. Council Member Luecke 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 Luecke made a motion to pass this bill, as amended, seconded by Council Member Puzzello. The bill passed by a roll call vote of six ayes and three nays (Council Members Slavinskas, Zakrzewski and Niezgodski.) ORDINANCE NO. 8198 -91 AN ORDINANCE OF THE COMMON COUNCIL BEND, INDIANA, AMENDING CHAPTER 2, ENTITLED "SCHEDULE OF ORDINANCE AN] This bill had third reading. Council Member Puzzello made bill, seconded by Council Member Duda. The bill passed by ayes. OF THE CITY OF SOUTH ARTICLE 19, SECTION 2 -213 CODE VIOLATIONS ". • motion to pass this • roll call vote of nine 219 RESOLUTIONS RESOLUTION NO. 1880 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR HAZARDOUS MATERIAL INCIDENT RESPONSE SERVICES BETWEEN THE CITY OF SOUTH BEND AND THE INDIANA DEPARTMENT OF TRANSPORTATION WHEREAS, the Common Council of the City of South Bend recognizes the existence of the South Bend Fire Department Hazardous Materials Incident Response Team consisting of trained personnel and equipment for response to hazardous materials incidents; and WHEREAS, because of continued increase in vehicular traffic transporting hazardous materials on the Toll Road, the Indiana Department of Transportation wishes to continue to receive the services of the South Bend Fire Department Hazardous Materials Incident Response Team for response, assessment and control of hazardous materials incidents occurring within its jurisdiction; and WHEREAS, I.C. 36 -1 -7 -1 et seq. permits governmental entities to exercise powers jointly by entering into a written agreement; and WHEREAS, on June 26, 1991, the Board of Public Safety reviewed this request of the Indiana Department of Transportation, and recommends that the Common Council approve the renewal of an Agreement for Hazardous Materials Incident Response Services with the Indiana Department of Transportation, Tool Road Division. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council of the City of South Bend renew the Agreement with the Indiana Department of Transportation for Hazardous Materials Incident Response Services and the Mayor be authorized to execute the appropriate Agreement .necessary -to carry out the request of the Indiana Department of Transportation and intent of this resolution. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Donald Niezgodski Member of the Common Council A public hearing was held on the resolution at this time. Luther Taylor, Fire Chief, made the presentation for the bill. He indicated this arrangement has continued to work out well for the Toll Road as well as the City. He indicated the revenue was used to upgrade and replace damaged equipment. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1881 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE TRANSFER OF THE $114,822.50 1990 BALANCE IN THE CITY OF SOUTH BEND EMPLOYEE FLEXIBLE BENEFITS ACCOUNTS TO THE SELF FUNDED EMPLOYEE BENEFITS FUND FOR THE PURPOSE OF DEFRAYING INCREASED HEALTH INSURANCE PREMIUM COSTS. In January of 1990, the City credited all eligible employees with a $00.00 flexible spending account to be used to reimburse eligible medical expenses. The total sum of $458,884.94 was deposited into a separate checking account, against which account Lincoln National Administrative Services Corporation, an agent for the Lincoln National Life Insurance Company, issued reimbursement checks. _ As of April 17, 1991, a balance of $114,822.50 in unclaimed funds remained on deposit. The deadline for submitting reimbursement claims for calendar year 1990 has passed. The Common Council, with the support and encouragement of the City Controller determines it to be in the best interest of the City, that the unclaimed balance of $114,822.50 in the City of South Bend Employee Flexible Benefits Plan account be transferred to the Self Funded Employee Benefits Fund for purposes of defraying increased health insurance premium costs associated with the provision of insurance benefits to City employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. That the transfer, by wire transfer or otherwise, of $114,822.50, from City of South Bend Employee Flexible Benefit Plan account, to Fund 711, the Self- Funded Employee Benefits Fund of the City of South Bend, said sum being the total of unclaimed 1990 flexible benefits funds, shall be and hereby is approved. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Mayor. /s/ Donald Niezgodski Member of the Common Council )20 I- A public hearing was held on the resolution at this time. Katherine Humphreys, City Controller, made the presentation for the resolution. She indicated this money would be transferred to offset increases to the health insurance premium. Council Member Puzzello made motion to adopt this resolution, seconded by Council Member Luecke, The resolution was adopted by a roll call vote of nine ayes. BILL NO. 44 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH. This bill had first reading. Council Member Slavinskas made a motion to set this bill for public hearing and third reading on August 26, and refer it to the Zoning and Vacation Committee, seconded by Council Member Zakrzewski. The motion carried. ' BILL NO. 45 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8038 -89 AS AMENDED, ENTITLED "AN ORDINANCE FIXING THE 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 Member Puzzello made a motion to set this bill for public hearing and third reading on July 12, and refer it to the Personnel and Finance Committee, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Julie Stevens, 17150 Cherokee Drive, presented a petition signed by more than 250 people urging the relaxation of the City's ordinance on skateboards to allow for rollerblade skates. She indicated this was an alternative to motorized transportation and a great form of exercise. She asked the Council to consider changing the ordinance. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Luecke. The motion carried and the meeting was adjourned at 9:45 p.m. ATTEST: City Clerk APPROVED: