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HomeMy WebLinkAbout08-24-87 Council Meeting MinutesME REGULAR MEETING AUGUST 24, 1987 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, August 24, at 7:00 P.M. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Braboy, Beck, Puzzello, Taylor, Zakrzewski, Barcome, Paszek, Voorde and serge 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 August 10 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Beverlie J. Beck /s/ Al Paszek /s/ .Tnsep pY9R.' Council Member Taylor made a motion that the minutes of the August 10, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Council Member Barcome made a motion to set a meeting August 31, at 4:00 p.m., in the Council Chambers, for the purpose of passing the budgets, seconded by Council Member Paszek. The motion carried. RESOLUTION NO. 1529 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING CRAIG HARTZER FOR HIS DEDICATED PUBLIC SERVICE TO OUR COMMUNITY AS DEPUTY MAYOR. WHEREAS, the Common Council of the City of South Bend, Indiana recognizes that Craig Hartzer was appointed to be an Administrative Assistant to Mayor Parent in 1982; and WHEREAS, the Council further recognizes that he began serving as Deputy Mayor of the City in 1982; and WHEREAS, the Council notes that while serving in these capacities for the City, Craig Hartzer was very instrumental in the development of the quint -midi firefighting system for the Fire Department and the construction of the Stanley Coveleski Regional Stadium; and WHEREAS, Craig Hartzer will be remembered for accepting the challenge to serve as the first Deputy Mayor in the history of the City South Bend. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and thanks Craig Hartzer for his four and one -half (4 1/2) years of publid service to the City. SECTION II. The Common Council publicly acknowledges Craig Hartzer's contributions as Administrative Assistant and Deputy Mayor and wishes him continued success as he becomes an Associate Professor in the School of Public and Environmental Affairs at the Indiana University at South Bend campus on September 1, 1987. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Joseph T. Serge Member of the Common Council /s/ Eugenia Brabov Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council /s/ Ann B. Puzzello Member of the Common Council /s/ Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ James V. Barcome Member of the Common Council 135 /s/ Al Paszek Member of the Common Council /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Serge read the resolution and presented it to Craig Hartzer. Council Member Beck made a motion to adopt the resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1530 -87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING CAROL M. SANDERS FOR HER DEDICATED PUBLIC SERVICE TO OUR COMMUNITY AS CHIEF DEPUTY CONTROLLER. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that Carol M. Sanders, C.P.A., was appointed to the position of Deputy Controller on December 17, 1984; and WHEREAS, the Council further recognizes that she was promoted to the position of Chief Deputy Controller on July 1, 1986, and has been diligently serving in that position through the present; and WHEREAS, the Council notes that in her capacity of Chief Deputy Controller, Carol supervised city payroll, city purchasing, city printing, data processing, city licensing, insurance, and that all fiscal officers report to her; and WHEREAS, the Council especially recognizes that she has been very instrumental in the annual budget preparation process and helped develop the diagnostic tools for the budget software. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of the citizens of the City of South Bend, Indiana, the. Common Council publicly commends and thanks Carol M. Sandersi� for her mere than twe . and one -half (2 1/2) years of dedicated public service to our City. SECTION II. The Council wishes .Carol M. Sanders continued success as she embarks on a new career with Crowe Chizek and Company. 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. /s/ Joseph T. Serge Member of the Common Council /s/ Eugenia Braboy Member of the Common Council /s/ Beverlie J. Beck Member of the Common Council REPORTS /s/ Ann B. Puzzello Member of the Common Council /s/ Robert G. Taylor Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ James V. Barcome Member of the Common Council /s/ Al Paszek Member of the Common Council /s/ John Voorde Member of the Common Council Council Member Voorde indicated the Zoning and Vacation Committee had met on Bill No. 27 -87 and it received no recommendation. Council Member Puzzello indicated that the Public Safety Committee had met on Bill No. 74 -87 and recommend it favorably to the Council, as amended. Council Member Beck indicated that the Personnel and Finance Committee had met with the various departments head on the Civil City budget. Council Member Beck made a motion to resolve into the Committee of the Whole, seconded by Council Member Paszek. 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 August 24, at 7:15 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 68 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2411 SOUTH MAIN STREET IN THE CITY OF SOUTH BEND, INDIANA. Council Member Voorde made a motion to continue public hearing and second reading on this bill until September 14, 1987, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 27 -87 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 ENTITLED ZONING, ARTICLE 2 OF THR MUNTCIPAL CODE OF THE CITY OF SOUTH BEND BY THE ADDITION OF NEW DIVISION 13 ENTITLED ACCESSORY USES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council attorney, Kathleen Cekanski - Farrand indicated the substitute bill should be amended on page 4, by adding a new paragraph (g) to read: "In the interpretation and enforcement of this section, the main supporting structure of modern accouterments is the primary focus of location regulations set forth herein." Council Member Taylor made a motion to accept the substitute bill on file with the City Clerk, as well as the additional amendment, seconded by Council Member Paszek. The motion carried. Council Member Voorde made the presentation for the bill. He indicated there are an increasing number of accessory uses being built or installed throughout our community; such as, swimming pools, tennis courts, fences, mailboxes and satellite television receiving antennae. He indicated this bill specifically focuses on all such uses as well as addressing specific regulations for satellite television receiving antennae. Council attorney, Kathleen Cekanski - Farrand, indicated that all questions raised by the Area Plan Commission, have been addressed in the substitute bill. She indicated the grandfather clause would apply to the property only. Mary Jo Hazlitt, 2309 Topsfield; Richard Towbridge, 1020 30th; Howard Goodhew, 2230 Topsfield Road; John Hazlitt, 2309 Topsfield; Virginia Fisher 2234 Topsfield; spoke in favor of this bill. Wayne Wirts, 1889 Riverside; Tony Neitzel, 1176 Ebeling; Larry Abbot, 19624 Rolling Acres; Brian Straub, 22202 Sandy Brook; Ken Donnelly, 2605 Frederickson; Terrance Kinney, 1715 Hamilton; Mike Sienicki, 751 W. Ewing; Roger Tinti, 14900 Clover; spoke against this bill. Irene Gammon, 3316 Oakcrest, indicated that neighborhoods would look like the devil if everyone had a dish antenna in their front yard. Council Member Barcome made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Taylor. The motion carried on a roll call vote of nine ayes. Council Member Voorde made a motion to recess, seconded by Council Member Taylor. The motion carried and the meeting was recessed at 8:25 p.m., and reconvened at 8:35 p.m. BILL NO. 74 -87 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND COMMONLY KNOWN AS ANIMALS AND FOWL. 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 Taylor made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Serge. The motion carried. Council Member Beck made the presentation for the bill. She indicated for the past several months the Council has been receiving an increasing number of contacts from the public with regard to concern over unprovoked attacks made by American pit bullterriers or other potentially dangerous dogs. She indicated she and the Council had contacted many communities throughout the nation with regard to legislation. She indicated this bill would do the following: It would incorporate the definitions for American pit bull terrier, leash, muzzle, potentially dangerous dog, and unconfined potentially dangerous dog, and incorporate specific regulations governing American pit bull terriers and other potentially dangerous dogs. She indicated there would be specific licensing regulations of such dogs, required insurance coverage, two photos of such dogs, a licensing fee of twenty -five dollars and registration certificates. She indicated the dog license number would be tattooed on one ear and on one of its rear legs. She indicated that additionally there would be other requirements, such as; address breeding requirements, pens or structures housing the dogs, change of ownership, the prohibition of fighting, muzzling such dogs when they are walked, and notification if such dogs run at large, are stolen, or provoke an attack. She indicated they were also recommending that if such a dog kills or causes serious injury to a person, upon conviction of the owner of such a dog, ownership of the dog would be forfeited and the dog would be euthanatize. She indicated additionally, the owner may be subject to a fine or not less than two thousand five hundred dollars ($2,500). Kathleen Cekanski - Farrand, Council Attorney, asked that the City Clerk's office include with the substitute bill, the prefatory amendments and attachments be a part of the official record (prefatory amendments and attachments are included with the original ordinance filed in the vault.) She indicated this bill sets forth changes that have been incorporated based on recommendations received from several public agencies. She indicated the Council has the authority, through Home Rule, to reasonably regulate in this area. She indicated back in 1985 requests were made with regard to pit bull incidents, as to whether we could Iii legally ban pit bulls in the City. She indicated it was her opinion then and now that this would not be legally defensible, and it would be far better to reasonably regulate and set up regulations so owners would have certain rules of conduct they would have to abide by if they wished to own a potentially dangerous dog. She indicated that over fifty laws were reviewed both at the state and local levels. She indicated tried to pull the best of these ordinances and tailor them so they would be consistent with Indiana law. She indicated that the laws that have been struck down by courts have been done so for one or more of the following reasons: 1) they specifically prohibited or totally banned such ownership within the jurisdiction; 2) they imposed unreasonable criminal sanctions; 3) the ordinances in questions violated specific state laws with the jurisdiction; and /or 4) parts of the proposed laws were constitutionally vague. She indicated this ordinance would impose a licensing fee of $25 for anyone who wished to own a potentially dangerous dog. She indicated that the insurance liability was set at $300,000, and the applicant must notify the City of any cancellation of insurance, change of address, or change in the ownership of the dog. She indicated breeding requirements were incorporated in the ordinance. She indicated page 4 through page 8 of the memorandum (in the original file) sets forth the documented evidence that shows why the American Pit Bull Terrier is a potentially dangerous dog. Becky Womer, 17703 State Road 23, spoke in favor of this bill. She indicated she had a child that was bitten by a Pit Bull. Dr. Carol Ecker, DVM, local veterinarian and dog breeder, indicated she had a strong interest in the Humane Society's animal control division. She said she preferred the Pit Bull not be singled out, however, irresponsible owners and breeders have caused the problem. She indicated innocent owners and good Pit Bulls are going to have to suffer inconvenience due to the ordinance. She indicated that the lives and quality of life for citizens of this area may come into harm due to the irresponsibility of some pit bull owners. Dr. Kathleen Neuhoff, DVM, spoke in favor of this bill. Mary Ellen Guentert, 3510 Corby, spoke in favor of this bill. Dr. Michael Flaugh, 9224 Kemlock, Indianapolis, area director of the American Dog Owners Association, indicated that the reference to 'pit bulls should be stricken from the ordinance. He indicated his organization might file a lawsuit. Randy Chaffee, 51155 CR 11, Elkhart; Sherri Voelkert, 54686 CR 19, Bristol; John Marsman, 2002 SR 51, Niles; Larry Baker, 1127 Byron Dr.; Joseph Guentert 3510 Corby; Gloria Waechter, 70914 SR 62, Edwardsburg; Ken Hizer, 1130 Milton; Scott Love, 513 E. Fairview; Dave Chasney, 15643 Country View Court; Mark Wright, 601 Somerset, Mishawaka; Robert Smith, 1730 S. William; Ken Donnelly, 2605 Frederickson; spoke against the bill. Council Member Zakrzewski made a motion to strike American Pit Bull, and leave vicious dog, seconded by Council Member Barcome. The motion failed on a roll call vote of two ayes (Council Members Zakrzewski and Barcome) and seven nays. Council Member Taylor made a motion to recommend this bill to the Council favorably, seconded by Council Member Serge. The motion carried on a roll call vote of nine ayes. Council Member Taylor made a motion to recess, seconded by Council Member Zakrzewski. The motion carried and the meeting was recessed at 10 :22 p.m., and reconvened at 10:35 p.m. Council Member Serge made a motion to combine public hearing on bill nos. 76, 77, 78 -87, seconded by Council Member Taylor. The motion carried. BILL NO. 76 -87 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1988, AND ENDING DECEMBER 31, 1988, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. BILL NO. 77 -87 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1988. BILL NO. 78 -87 A BILL APPROPRIATING MONIES FOR THE EXPENSES OF THE CENTURY CENTER FUND OF THE CITY OF SOUTH BEND, INDIANA, JANUARY 1, 1988 AND ENDING DECEMBER OUTSTANDING CLAIMS AND OBLIGATIONS, SAME SHALL TAKE EFFECT. PUR AND FOR 31, AND ?OSE OF DEFRAYING THE THE PARKING GARAGE FUND THE FISCAL YEAR BEGINNING 1988 INCLUDING ALL FIXING A TIME WHEN THE This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Michael Vance, Controller, made the presentation for the bill. He indicated the bills should be amended as follows: Engineer - change fiscal officer to auditor III at a salary of $23,965; Economic Development - transfer $20,000 to Human Rights; Code Enforcement, Hearing Officer - Switch salary for Hearing Officer to Other Contractual Services; Police Department - Remove Building Rental from budget; Police Department - increase 1st Class Patrolman by 3 positions, offset by reduction overtime; Neighborhood Code - Switch expense ($1,428) from Equipment Rental to Contractual Services. Council Member Taylor made a motion to accept these amendments, seconded by Council Member Serge. The motion carried. Michael Vance, Controller, indicated the budgets for the 1988 totalled $43.8 million, a $2.46 million increase over 1987. Mayor Parent indicted he was able to budget nearly $1.5 million for new construction next year despite cutbacks in state and federal funding. Joseph Guentert, 3610 E. Corby; Ken E Donnelly, 2605 Frederickson; spoke against this bill. Council Member Barcome indicated he could not go with a $ .32 tax increase under any conditions. He indicated there is $1,900,000 in capitol improvements and perhaps those funds could be used to reduce the increase to $ .16. Council Member Beck made a motion to continue public hearing on Bill No. 76 -87 in the Council portion, seconded by Council Member Taylor. The motion carried. Council Member Beck made a motion to continue public hearing on Bill No. 77 -87 in the Council portion, seconded by Council Member Taylor. The motion carried. Council Member Beck made a motion to continue public hearing on Bill No. 78 -87 in the Council portion, seconded by Council Member Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Puzzello. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: / L �Ww� - C 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 11:42 p.m. Council President Serge presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7790 -87 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 ENTITLED ZONING, ARTICLE 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE ADDITION OF NEW DIVISION 13 ENTITLED ACCESSORY USES. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7791 -87 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND COMMONLY KNOWN AS ANIMALS AND FOWL. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 80 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 716 NORTH NILES AVENUE IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 81 -87 A BILL APPROPRIATING $14,225.00 RECEIVED FROM THE INDIANA STATE DEPARTMENT OF HUMAN SERVICES, EMERGENCY SHELTER GRANT. This bill had first reading. Council Member Beck made a motion to set this bill for second reading and public hearing September 14, seconded by Council Member Taylor. The motion carried. PRIVILEGE OF THE FLOOR Joseph Guentert, 3610 Corby, asked for the final figures on the stadium. Ken Donnelly, 2605 Frederickson, indicated the budget should not have public hearing so late in a meeting. John Harlan, 125 W. Marion, read the following into the record: "Ladies and gentlemen of the Council, I come before you tonight as a citizen of South Bend to register my complaint regarding the incumbent Mayor's public involvement in the FU current mayoral campaign, a campaign in which he is not standing for election. I refer to his letter of last week to the Democratic and Republican mayoral candidates, which was the subject of an article entitled "Parent scolds candidates: in last Thursday's South Bend Tribune. If the current campaign has become, in part, a question of which candidate is less like Roger Parent, that is not so much the doing of either Carl Baxmeyer or Joe Kernan as it is a judgment the citizenry of South Bend has passed on the incumbent's performance as Mayor. That he feels "flattered," rather than acutely embarrassed, by such attention is curious. If the incumbent Mayor sincerely believes his own statement that "the citizens of South Bend are intelligent and demanding of their elected officials, he will leave it to those citizens to determine the issues of the current campaign, rather than attempt to dictate that agenda himself. It is that effort to dictate on his part, rather than the current focus of the campaign, which demeans the political process and insults the people of South Bend. I appreciate that the incumbent Mayor, like his fellow citizens, has a very deep vested interest in South Bend, and that he has the right to express his views. It might, however, be better for our community if he were to do so less publicly and in a manner that does not needlessly interfere with a political process in which his role will be limited to that of a voter -- namely, the 1987 mayoral election campaign. Thank you. There being no furthe Council Member Taylor Puzzello. The motion ATTEST: A City Clerk r business to come before the Council, unfinished or new, made a motion to adjourn, seconded by Council Member carried and the meeting was adjourned at 11:50 p.m. APPROVED: res ent