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HomeMy WebLinkAbout07-24-89 Council Meeting MinutesREGULAR MEETING JULY 24, 1989 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 24, 1989, 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, Coleman, Duda and Voorde 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 July 10, 1989 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Niezgodski made a motion that the minutes of the July 24, 1989, meeting of the Council be accepted and placed on file, seconded by Council Member Coleman. The motion carried. SPECIAL BUSINESS Council President Puzzello stated that Frank Linerallo has been appointed to the Transpo Board. Council Member Coleman made a motion to the suspend the rules to allow for public hearing on Resolution 89 -63, seconded by Council Member Zakrzewski. The motion carried by a roll call vote of nine ayes. RESOLUTION NO. 1738 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND IN ENDORSEMENT AND SUPPORT OF THE SCHOOL OF PUBLIC AND ENVIRONMENTAL AFFAIRS OF INDIANA UNIVERSITY AT SOUTH BEND IN ITS APPLICATION TO THE ROBERT WOOD JOHNSON FOUNDATION FOR ITS PROGRAM "FIGHTING BACK" TO BE USED IN THE FIGHT AGAINST ILLEGAL DRUGS IN ST. JOSEPH COUNTY WHEREAS, we as duly elected Members of the South Bend Common Council, hold a public trust and have a responsibility to assist in protecting the health and safety of our fellow citizens and; WHEREAS, we recognize that the illegal use of drugs and alcohol has become a problem of significant proportion and; WHEREAS, we also recognize that a total community effort is required in order to combat this problem. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, hereby endorses and supports the effort of the St. Joseph County Community, who, through the good offices of the School of Public and Environmental Affairs of Indiana University at South Bend, intends to establish a program of "Fighting Back" against the illegal use of drugs and alcohol and agrees to be a sponsoring organization of this program and; SECTION I. The South Bend Common Council endorses the efforts of this community to obtain financial support for this program from the Robert Wood Johnson Foundation and other appropriates sources. 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. STEPHEN LUECKE FIRST DISTRICT DON NIEZGODSKI 2ND DISTRICT WILLIAM SODERBERG 3RD DISTRICT ANN PUZZELLO 4TH DISTRICT TOM ZAKRZEWSKI SIXTH DISTRICT SEAN COLEMAN AT LARGE LORETTA DUDA. AT LARGE JOHN VOORDE AT LARGE LEE SLAVINSKAS MAYOR JOSEPH E. KERNAN 5TH DISTRICT IRENE GAMMON, CITY CLERK A public hearing was held on the resolution at this time. Council Member Sean Coleman made the presentation on the bill. He indicated that the School of Public and Environmental Affairs of the Indiana University at South Bend is applying to the Robert Wood Johnson Foundation for financial support to implement its Program "Fighting Back" to be used in the fight against illegal drugs in St. Joseph County. He stated that the community as a whole must exercise their efforts in order to combat this problem. Council Member Niezgodski made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. 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 Monday, July 24, 1989, at 7:15 p.m., with nine members present. Chairman Luecke presiding. BILL NO. 35 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF JACKSON ROAD 2642.32 FT. EAST OF IRONWOOD RD. 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 indicated that the Zoning & Vacation Committee recommends this bill to the Council favorable. Kevin Joyce, Planner, Area Plan gave the staff report. Michael Danch, Planner Peirce & Associates, 52578 U.S. 33 North, South Bend, Indiana, made the presentation on the bill. He indicated that the property consists of four parcels of land that total 158 acres. The bill would allow for the construction of single - family homes and condominiums. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 54 -89 AN ORDINANCE FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR THE CALENDAR YEARS 1990, 1991, AND 1992. 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 amend this bill by substitution, seconded by Council Member Coleman. The motion carried. Council Member Voorde indicated that the Personnel & Finance Committee met on this bill and recommends the substitute version of this bill favorable. Council Member Ann Puzzello made the presentation on the bill. Joseph Simeri, One Michiana Square, South Bend, IN 46601, Attorney for the Fraternal Order of Police, Lodge #36, spoke in favor of the bill. He thanked the Council and the City and Police negotiating teams for a job well done. He indicated that the salary ordinance would not have worked had it not been for the agreement on the part of the city team to work towards a collective bargaining agreement for the police department. He stated that the city team has agreed to work out a collective bargaining agreement and have it in effect by April 1, 1990. Larry Zurat, President, Fraternal Order of Police, Lodge No. 36, spoke in favor of the bill. He thanked everyone who was involved in making the salary ordinance a success Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 55 -89 AN ORDINANCE FIXING THE MAXIMUM SALARIES AND WAGES OF TEAMSTERS EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS OF 1990, 1991 AND 1992. 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 Voorde indicated that the Personnel & Finance Committee had met on this bill and recommends it favorable as amended. Council Member Coleman made a motion to amend this bill by substitution, seconded by Council Member Zakrzewski. The motion carried. Katherine Humphreys, City Controller, made the presentation on the bill. Robert Schultz, 2405 E. Edison Rd., President, Teamsters Union, spoke in favor of the bill. Council Member Niezgodski made a motion to recommend the substitute bill favorable, seconded by Council Member Duda. The motion carried. BILL NO. 56 -89 AN ORDINANCE FIXING 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. 1 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 Voorde indicated that the Personnel & Finance Committee met on this bill and recommends it to the Council favorable. Council Member Coleman made a motion to amend this bill by substitution, seconded by Council Member Soderberg. The motion carried. Mayor Joseph E. Kernan, made the presentation on the bill. Council Member Niezgodski made a motion to recommend this bill, as amended to Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 57 -89 AN BILL APPROPRIATING $150,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT 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 stated that the Human Resources and Economic Development Committee met on this bill, and recommends it to the Council favorable. Beth Leonard, Financial & Program Management, Economic Development Department, made the presentation on the bill. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Coleman. The motion carried. BILL NO. 58 -89 AN BILL APPROPRIATING $68,500.00 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND TO BE ADMINISTERED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT 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 Luecke stated that the Human Resources and Economic Development Committee met on this bill, and recommends it to the Council favorable. Beth Leonard, Financial & Program Management, Economic Development Department, made the presentation on the bill. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Voorde. The motion carried. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council the Council Chambers on the fourth floor Council President Puzzello presiding and BILLS. THIRD READING i of the City of South Bend reconvened in of the County -City Building at 8:15 p.m. nine members present. ORDINANCE NO. 7995 -89 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF JACKSON ROAD 2642.32 FT. EAST OF IRONWOOD RD. IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Voorde made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7996 -89 AN ORDINANCE FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR THE CALENDAR YEARS 1990, 1991, AND 1992. This bill had second 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, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7997 -89 AN ORDINANCE FIXING THE MAXIMUM SALARIES AND WAGES OF TEAMSTERS EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS OF 1990, 1991 AND 1992. This bill had second reading. Council Member Voorde made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Niezgodski. The motion carried. Council Member Voorde made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7998 -89 AN ORDINANCE FIXING 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 second reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Niezgodski . The motion carried. Council Member Luecke made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7999 -89 AN ORDINANCE APPROPRIATING $150,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT This bill had second reading. Council Member Luecke made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of seven ayes and two nays (Soderberg, Slavinskas). ORDINANCE NO. 8000 -89 AN ORDINANCE APPROPRIATING $68,500.00 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND TO BE ADMINISTERED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Voorde made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS BILL NO. 89 -58 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS EAST RIDGE CONDOMINIUM AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT. BILL NO. 89 -59 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 530 NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 3 YEAR REAL PROPERTY TAX ABATEMENT FOR ORKIN, INC. BILL NO. 89 -62 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE NORTHEAST CORNER OF PORTAGE AND MAPLE ROADS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENTS FOR HURWICH FARMS. Council Member Luecke made a motion to continue Bill Nos. 89 -58, 89 -59 and 89 -62 until the August 14, 1989 meeting, seconded by Council Member Coleman. The motion carried. BILLS. FIRST READING BILL NO. 59 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JACKSON & GRASS ROADS AND THE SOUTHWEST CORNER OF THE JOHNSON & HICKORY ROADS INTERSECTION IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Voorde made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 60 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 306 & 310 NORTH IRONWOOD DRIVE IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Soderberg made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 61 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 18211 IRELAND RD. IN THE CITY OF SOUTH BEND, INDIANA, AND 18239 IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Niezgodski made a motion to refer this bill to Area Plan, seconded by Council Member Duda. The motion carried. BILL NO. 62 -89 A BILL INCREASING APPROPRIATIONS AND REDUCING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1989. This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing August 14, 1989, seconded by Council Member Luecke. The motion carried. BILL NO. 63 -89 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1989. This bill had first reading. Council Member Coleman made a motion to set this bill for second reading and public hearing August 14, 1989, seconded by Council Member Duda. The motion carried. BILL NO. 64 -89 A BILL APPROPRIATING $530,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8904, PAVING MATERIALS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for second reading and public hearing August 14, 1989, seconded by Council Member Luecke. The motion carried. BILL NO. 65 -89 A BILL APPROPRIATING $125,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8905 VARIOUS ROAD IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for second reading and public hearing August 14, 1989, seconded by Council Member Duda. The motion carried. BILL NO. 66 -89 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING A NON - REVERTING LEAF COLLECTION AND REMOVAL SERVICES OPERATIONAL FUND. This bill had first reading. Council Member Duda made a motion to set this bill for second reading and public hearing August 14, 1989, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 67 -89 A BILL AMENDING PORTIONS OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED "BUILDING" This bill had first reading. Council Member Niezgodski made a motion to set this bill for second reading and public hearing August 14, 1989, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 68 -89 A BILL AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED AMBULANCE /MEDICAL USER FEE AND DEDICATED FUND. Council Member Slavinskas made a motion to suspend the rules to allow for first reading on the above mentioned bill, seconded by Council Member Coleman. The motion carried by a roll call vote of nine ayes. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for second reading and public hearing August 14, 1989, seconded by Council Member Niezgodski. The motion carried. PRIVILEGE OF THE FLOOR Roger Wiseman, 1800 E. Randolph St., spoke regarding his auction barn located in the old Brite Way Bldg. on Ireland Rd. He indicated that the Department of Code Enforcement won't issue him a permit to run his business. There being no further business to come before the Council, unfinished or new, Council Member Soderberg made a motion to adjourn, seconded by Council Member Zakrzewski. The motion carried and the meeting was adjourned at 8:30 p.m. ATTEST: City Clerk APPROVED: nt