HomeMy WebLinkAbout10-28-91 Council Meeting Minutesc)49
REGULAR MEETING
OCTOBER 28, 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, October 28, 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 October 14, 1991 meetings of the
Council and found them correct.
Therefore, we recommend the same be approved.
/s/ Tom Zakrzewski
/s /Don Niezgodski
Council Member Coleman made a motion that the minutes of the October 14, 1991
meetings of the Council be accepted and placed on file, seconded by Council Member
Duda. The motion carried.
SPECIAL BUSINESS
Council Member Puzzello made a motion to set the November 12th Council at 4:00 p.m.,
seconded by Council Member Coleman. The motion carried.
RESOLUTION NO. 1891 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, GIVING SPECIAL RECOGNITION TO THE D.A.R.E.
PROGRAM OF SOUTH BEND, INDIANA.
WHEREAS, the presence of illegal drugs and narcotics in our society has resulted
in devastating problems which have severe social, economic, and sociological
implications; and
WHEREAS, in our local fight against illegal drugs, the South Bend Common Council
would like to give special recognition to the "Drug Abuse Resistance Education"
(D.A.R.E.) program sponsored by the South Bend Police Department in conjunction with
area school systems; and
WHEREAS, the local D.A.R.E. program began in January of 1989 and is currently in
35 public and parochial elementary schools; and
WHEREAS, twenty -five hundred fifth grade students annually graduate from the
D.A.R.E. program locally; and
WHEREAS, nationally, two million fifth and sixth grade students participate and
graduate from D.A.R.E. programs; and
WHEREAS, the Council would like to specifically commend Police Chief Ronald G.
Marciniak, Lieutenant Terry D. Young, coordinator, Corporal Kevin J. Andert,
Corporal Sherri A. Taylor, Corporal Robert Sadowski, Patrolman Michael Carey,
Sergeant James W. Moon, Karen O'Neil, Administrative Assistant to the D.A.R.E.
program.
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, on behalf of all of
the citizens of our community, publicly commend and give special recognition to the
D.A.R.E. program sponsored by the South Bend Police Department
SECTION II. The Common Council hereby publicly commends all of the officers,
volunteers, teachers, and concerned citizens involved in the D.A.R.E. program for
its innovative and successful educational techniques.
SECTION III. The South Bend Common Council urges all citizens to take an active
stand against drugs in our community, and urges them to support our local D.A.R.E.
program by promoting it throughout our community and surrounding communities, and by
their financial contributions.
SECTION IV. The South Bend Common Council urges all citizens to take an active
stand against drugs in our community, and urges them to support our local D.A.R.E.
program by promoting it throughout our community and surrounding communities, and by
their financial contributions.
SECTION V. This Resolution shall be in full force and effect from and after its
adoption by the Common Council, and approval by the Mayor.
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Stephen Luecke
Donald Niezgodski
William Soderberg
Sean Coleman
Irene K. Gammon, City Clerk
Ann Puzzello
Linas Slavinskas
Thomas Zakrzewski
Loretta
Eugene Ladewski
Joseph E. Kernan, Mayor
A public hering was held on the resolution at this time. Council Member Niezgodski
made the preentation for the resolution, and presented a check for $500 from the
Council to the D.A.R.E. Program. Council Members Puzzello and Duda read the
resolution. Lieutenant Terry Young thanked the Council for the check and the
resolution. Council Member Luecke made a motion to adopt the resolution, seconded
by Council Member Coleman. The resolution was adopted by a roll call vote of nine
ayes.
RESOLUTION NO. 1892 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, COMMENDING CORPORAL RONALD C. GLON OF THE
SOUTH BEND POLICE DEPARTMENT.
WHEREAS, the Common Council notes with pride that Corporal Ronald C. Glon was
hired by the City on September 12, 1975, and became a sworn member of the Police
Department on December 12, 1975; and
WHEREAS, Corporal Glon has been assigned for the past several years to the
downtown sector and is well known by downtown merchants, business persons, and
citizens; and
WHEREAS, Corporal Glon is a familiar figure to the downtown and positively
reflects and professionalism embodied by the South Bend Police Department; and
WHEREAS, as part of his downtown duties, Corporal Glon has served as the
Sergeant -at -Arms at all of the Common Council meetings for this term of the Council;
and
WHEREAS, the Council wishes to thank Corporal Glon for assisting them in the
effective operaton and conduct of the Council meetings for the past four (4) 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 its citizens commends CORPORAL RONALD C. GLON of the Police Department for
his diligent service in our community.
SECTION II. The Council wishes to express its sincere appreciation to Corporal
Glen for being the Sergeant -at -Arms to the Council for the past four (4) years.
SECTION III. The Council wishes Corporal Glon continued success and notes with
pride that he is truly one of South Bend's finest.
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
Donald Niezgodski
William Soderberg
Sean Coleman
Irene K. Gammon, City Clerk
Ann Puzzello
Linas Slavinskas
Thomas Zakrzewski
Loretta
Eugene Ladewski
Joseph E. Kernan, Mayor
A public hearing was held on the resolution at this time. Council Member Soderberg
made the presentation for the resolution. He read the resolution. Corporal Glon
thanked the Council for the resolution. Coucnil Member Zakrzewski made a motion to
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adopt the resolution, seconded by Council Member Slavinskas. The resolution was
adopted by a roll call vote of nine ayes.
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 October 28, 1991 at 7:23 p.m., with nine members present.
Chairman Duda presiding.
BILL NO. 62 -91 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING A HISTORIC
LANDMARK FOR PROPERTY LOCATED AT 802 S. MAIN STREET IN THE CITY
OF SOUTH BEND, INDIANA.
Council Member Luecke made a motion to continue public hearing on this bill until
November 25, seconded by Council Member Zakrzewski. The motion carried.
BILL NO. 63 -91 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING A HISTORIC
LANDMARK FOR PROPERTY LOCATED AT IRELAND ROAD, 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
reported that the Zoning and Vacation Committee had met on this bill amd recommended
it to the Council favorable. John Oxian, President of Historic Preservation, made
the presentation for the bill. He indicated that a lot of cemeteries were being
taken of by the township trustee, however, the Historic Preservation Commission
would like to help to oversee the preservation of cemeteries. He read a letter from
the South Bend area Genealogical Society in favor of this designation. Council
Member Niezgodski made a motion to recommend this bill to the Council favorable,
seconded by Council Member Ladewski. The motion carried.
BILL NO. 21 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 6 OF THE MUNICIPAL CODE BY THE INCLUSION OF NEW
ARTICLE 11 ENTITLED BUILDING CONTRACTOR REGISTRATION
REQUIREMENTS.
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 Niezgodski made
a motion to accept the substitute bill on file with the City Clerk, seconded by
Council Member Zakrzewski. The motion carried. Council Member Duda made the
presentation for the bill. She indicted this bill was a result of ten months of
discussions and it has envolvedfrom registering contractors to testing and licensing
them. She indicated his bill was a starting point toward contractor licensing. She
read the bill. Robert Urbanski, 3343 Hedge Maple Ct.; Donald O'Blenis, Business
Agent of the Roofer's Union; Pat DeClercq, Director of Code Enforcement; David Pace
28296 Inwood Rd.; spoke in favor of the bill. Thomas Burnett, 1216 King and Ray
Milliken, 5520 Fresno, spoke against the bill. Council Member Niezgodski made a
motion that the $75 pre - licensing fee be placed in a non - reverting fund so there
will be funds to help pay for this program, seconded by Council Member Slavinskas.
The motion carried. Council Member Niezgodski made a motion to recommend this bill
to the Council favorable, as amended, seconded by Council Member Zakrzewski. The
motion failed on a roll call vote of four ayes (Council Members Zakrzewski, Duda,
Lawedski, and Nieazgodski) and five nays. Council Member Coleman made a motion to
continuje this bill for the purpose of exploring a companion bill at the County
level, seconded by Council Member Luecke. The motion carried on a roll call vote of
six ayes and three nays (Council Members Niezgodski, Zakrzewski and Duda.)
BILL NO. 46 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 13 OF THE MUNICIPAL CODE, BY THE ADDITION OF NEW
ARTICLE 9 ENTITLED "DEFACEMENT OR DAMAGE TO PROPERTY ".
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 Soderberg
reported that the Public Safety Committee had met on this bill and recommened it to
the Council favorable. Council Member Slavinskas made the presnetation for the
bill. He indicated this bill was a companion to the resolution passed at the last
meeting. This bill allows the city to require those defacing public property to
clean it up, and if they do not clean it the City can have the work done and then
bill those who caused th damage. He indicated parents of minors would be
responsible for the cleanup costs. Council Member Soderberg made a motion to accept
the substitute bill on file with the City Clerk, seconded by Council Member
Coleman. The motion carried.
BILL NO. 65 -91
A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING FUNDS FROM THE LEAF COLLECTION AND REMOVAL SERVICES
OPERATIONAL FUND.
This being the time heretofore set for public hearing on the above bill, proponents
and opponents were given an opportunity to be heard. Jeff Rinard, City Auditor, .
made the presentation for the bill. He indicated the 18 -cent monthly "assessment for
Operation Re -leaf has generated enough revenue to allow about $30,000 a year to be
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transferred to the Cumulative Capitol Development Fund. He indicated the transfers
would offset CCDF money spont on the lese purchase of equipment for the program.
Council Member Zakrzewski made a motion to recommend this bill to the Council
favorable, seconded by Council Member Ladewski. The motion carried.
BILL NO. 66 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING ARTICLE 3 OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE
ENTITLED "DEVELOPMENT DESIGN REVIEW ".
This being the time heretofore set for public hearing on the above bill, proponents
and opponents were given an opportunity to be heard. Ann Kolata, Deputy Director of
Economic Development, made the presentation for the bill. She indicated would
require developments in the new Airport 2010 area to go before the Design Review
Committee, in order to insure high quality developments in the area. Council Member
Luecke made a motion to recommend this bill to the Council favorably, seconded by
Council Member Zakrzewski. The motion carried.
There being no further business to come before the Committee of the Whole, Council
Member Luecke made a motion to rise and report to the Council, seconded by Council
Member Zakrzewski. The motion carried.
ATTEST:
City Clerk
REGULAR MEETING RECONVENED
ATTEST:
1
airm n
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 8:51 p.m.
Council President Niezgodski presiding and nine members present.
BILLS, THIRD READING
ORDINANCE NO. 8217 -91 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING
A HISTORIC LANDMARK FOR PROPERTY LOCATED AT IRELAND ROAD,
IN THE CITY OF SOUTH BEND, INDIANA.
This bill had third reading. Council Member Luecke made a motion to pass this bill,
seconded by Council Member Soderberg. The bill was adopted by a roll call vote of
nine ayes.
ORDINANCE NO. 8218 -91 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 13 OF THE MUNICIPAL CODE, BY
THE ADDITION OF NEW ARTICLE 9 ENTITLED "DEFACEMENT OR DAMAGE
TO PROPERTY ".
This bill had third reading. Council Member Soderberg made a motion to amend this
bill, as amended in the Committee of the Whole, seconded by Council Member Luecke.
The motion carried. Council Member Soderberg made a motion to pass the bill, as
amended, seconded by Council Member Luecke. The bill passed by a roll call vote of
nine ayes.
ORDINANCE NO. 8219 -91 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING FUNDS FROM THE LEAF COLLECTION
AND REMOVAL SERVICES OPERATIONAL FUND.
This bill had third reading. Council Member Slavinskas 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. 8220 -91 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING ARTICLE 3 OF CHAPTER 6 OF THE SOUTH
BEND MUNICIPAL CODE ENTITLED "DEVELOPMENT DESIGN REVIEW ".
This bill had third reading. Council Member Luecke made a motion to pass this bill,
seconded by Soderberg. The bill passed by a roll call vote of nine ayes.
BILLS. FIRST READING
BILL NO. 67 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
VACATING THE FIRST NORTH -SOUTH ALLEY EAST OF MAIN STREET, RUNNING
NORTH FROM COLFAX AVENUE FOR A DISTANCE OF APPROXIMATELY ONE
HUNDRED NINETY -EIGHT FEET (198') TO THE SOUTHERN BOUNDARY OF THE
FIRST EAST -WEST ALLEY SOUTH OF LASALLE STREET BETWEEN MICHIGAN
AND MAIN STREETS, ALL IN THE CITY OF SOUTH BEND, INDIANA.
This bill had first reading. Council Member Puzzello made a motion to accept the
substitute bill on file with the City Clerk, seconded by Council Member Coleman.
The motion carried. Council Member Slavinskas made a motion to refer this bill to
the Zoning and Vacation Committee and set it for public hearing and third reading on
November 12, seconded by Council Member Zakrzewski. The motion carried.
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BILL NO. 68 -91 A BILL APPROPRIATING $56,000.00 FROM THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR THE PURPOSE OF DEFRAYING THE
EXPENSES OF THE SOUTH BEND HUMAN RIGHTS COMMISSION OF THE CITY OF
SOUTH BEND, INDIANA FOR THE YEAR BEGINNING SEPTEMBER 22, 1991 AND
ENDING SEPTEMBER 21, 1992.
This bill had first reading. Council Member Luecke made a motion to refer this bill
to the Economic Development Committee and set it for public hearing and third
reading on November 12, seconded by Council Member Coleman. The motion carried.
BILL NO. 69 -91 A BILL APPROPRIATING REVENUE IN THE AMOUNT OF $2,250.00 FROM THE
FAIR HOUSING CONFERENCE HELD IN APRIL 1991.
This bill had first reading. Council Member Luecke made a motion to refer this bill
to the Economic Development Committee and set it for public hearing and third
reading on November 12, seconded by Council Member Coleman. The motion carried.
BILL NO. 70 -91 A BILL APPROPRIATING REVENUE IN THE AMOUNT OF $1,650.00 FROM THE
FAIR HOUSING AWARDS DINNER IN SEPTEMBER 1991.
This bill had first reading. Council Member Luecke made a motion to refer this bill
to the Economic Development Committee and set it for public hearing and third
reading on November 12, seconded by Council Member Puzzello. The motion carried.
UNFINISHED BUSINESS
Council Member Coleman made a motion to set Bill No 58 -91 for public hearing and
third reading on November 25, seconded by Council Member Zakrzewski. The motion
carried.
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
Zakrzewski. The motion carried and the meeting was adjourned at 9:00 p.m.
ATTEST:
City Clerk