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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. �Q 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 • W _es 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 .252 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. v 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