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HomeMy WebLinkAbout02-13-84 Council Meeting Minutess REGULAR MEETING FEBRUARY 13, 1984 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, February 13, 1984, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Serge, Braboy, Puzzello, Taylor, Zakrzewski, Crone, Paszak, Voorde and Beck Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would res- pectfully report that it has inspected the minutes of the January 23, 1984, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Beverlie J. Beck /s/ Ann Puzzello /s/ Tom Zakrzewski Council Member Serge made a motion that the minutes of the January 23, 1984, meeting of the Council be accepted and placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS Ralph Johnson was sworn into the Older Adults Council. REPORTS Council Member Puzzello indicated that the Personnel and Finance Committee had met on bill nos. 7, 8, 14, and 15 -84 and recommended them favorable. Council Member Voorde indicated that the bill nos. 132 and 143 -83 and recommended Council Member Braboy indicated that the No. 13 -84 and recommended it favorable. Colleen Rosenfeld in order for her to ex] moneys. Zoning and Vacation Committee had met on them both favorable. Human Resources Committee had met on Bill She indicated her committee would meet with ?lain the new guidelines for Community Development Council Member Taylor indicated that the Rules Committee had met regarding moving Privilege of the Floor to the beginning of the meeting. He indicated that the committee had decided against the change. Council President Beck announced the following appointments: Douglas Carpenter and Sheryl Bressler to the Zoning and Vacation Committee; Carol Sheetz and Joseph Bleich to the Personnel and Finance Committee; Joseph Burkus to the Century Center Board of Managers; Council Member Puzzello has been appointed the Council representative to the Energy Commission and K. C. Pocius to the Energy Commission; Council Member Puzzello to the Mayor's East Race Committee; Butch Morgan and Thomas Wolfram to the Residential ;Neighborhood Committee. ;Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. 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 January 23, 1984, at 7:08 p.m., with nine members present. Chairman Serge presiding. ,,BILL NO. 132 -83 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) AND ORDINANCE NO. 6743- 80 (W. WASHINGTON ST.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Dave Behr, Area Plan, indicated that the Area Plan Commission, gave a favorable recommendation to this bill. Council Member Voorde made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Crone. The motion carried. John Ford, attorney for the petitioner, made the presentation for the bill. He indicated that Shamrock Ford was :requesting this rezoning in order to provide additional parking for their inventory, as well as increase the size of their service department. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by °'Council Member Voorde. The motion carried. —REGULAR - MEETING -_ _-FEBRUARY_ 13,,.__198.4 BILL NO. 143 -83 A BILL AMENDING ORDINANCE NO. 4990 -68 AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (2037 E. IRELAND RD.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Dave Behr, Area Plan, indicated that the Area Plan Commission gave a favorable recommended on this rezoning. Noel Luneberg, 2037 E. Ireland, made the presentation for the bill. He indicated that they proposed to build a shopping center on this property. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. .1 -84 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (1007 RIVERSIDE DR.) 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 made a motion to accept the substitute bill on file with the City Clerk's office, seconded by Council Member Beck. The motion carried. John Oxian, Vice President of the Historic Preservation Commission, made the presentation for the bill. He indicated this house was ranked a twelve as a landmark house, which could qualify the house for the National Register. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 2 -84 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (1059 RIVERSIDE DRIVE). 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 Crone made a motion to accept the substitute bill on file with the City Clerk's office, seconded by Council Member Voorde. The motion carried. John Oxian, Vice President of the Historic Preservation Commission, made the presentation for the bill. He indicated this house ranked 12 as a local landmark and could qualify for the National Register. Council Member Voorde made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Beck. The motion carried. BILL NO. 5 -84 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2 -2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS THE ADOPTION OF RULES AND REGULATIONS BY THE COMMON COUNCIL AND POWERS THERETO. 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 made the presentation for the bill. She indicated the bill should be amended. The Council attorney indicated the following amendments should be made to the bill: In Section I, after the word begin, change period to a comma and add "except as provided by Section 2 -10 regarding citizen appointments to standing Committees of the Common Council. Add a new Section II to read - Chapter 2, Article 1, Section 2 -10 (c) of the Municipal Code of the City of South Bend, Indiana is amended to read as follows: "Citizen Members shall be appoint by the Chairman of the Standing Committee. majority of the Common Council. In making such appointments the Chairman Council shall assure that the citizen members are broadly representative of the South Bend Community. Section II becomes Section III." Council Member Puzzello indicated this bill would eliminate the confusion which faced both the outgoing and incoming Council Members regarding who should make appointments to various Boards and Commissions. She indicated this bill would place the power with the Common Council which takes office and calendar year for which the term of the new appointment or renewal appointment would begin. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Crone. The motion carried. BILL NO. 6 -84 A BILL AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED BUILDINGS, AND DELETING CHAPTER 8, ARTICLE 1 THROUGH 6 OF THE SOUTH BEND MUNICIPAL CODE. Council Member Beck made a motion to continue public hearing on this bill to February 27, seconded by Council Member Taylor. The motion carried. BILL NO. 7 -84 A BILL ESTABLISHING THE HIGHWAYS SAFETY FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Sherrie Petz, Deputy Controller, made the presentation for the bill. She indicated this bill would allow the City to separately account for two project grants that have been approved. She indicated the grants require matching funds and it is necessary to have separate records for disbursment of these funds. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 8 -84 A BILL APPROPRIATING $13,000 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS THE GENERAL REVENUE SHARING TRUST FUND FOR A TRUCK FOR CODE ENFORCEMENT. REGULAR MEETING FEBRUARY 13, 1984 F This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Katherine Barnard, Director of Code Enforcement, made the presentation or the bill. She indicated they have two trucks used for hauling trash and debris, and both are seven years old. She indicated that one truck is in poor condition and it is necessary to replace this truck as soon as possible. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 9 -84 A BILL AMENDING CHAPTER 18, ARTICLE 5, ENTITLED PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Carolyn Pfotenhauer, assistant city attorney, made the presentation for the bill. She indicated this bill would make technical changes to eliminate an inconsistency with State statute as to giving notice to property owners and a reference to the statutory grounds for remonstrance against proposed vacations. Council Member Beck made to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 13 -84 A BILL TRANSFERRING $728,265.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Colleen Rosenfeld, Director of Community Development, made the presentation for the bill. She indicated this transfer represents reprogramming of funds from 1983 to the current 1984 program year. She indicated the following programs would be effected: Hansel Carriage House Rehab, General Street Improvements, Economic Development Capital Fund, Studebaker Cooridor Development, and Max's Grocery Rehab. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to combine public hearing on the next two bills, seconded by Council Member Crone. The motion carried. BILL NO. 14 -84 'I. BILL NO. 15 -84 A BILL APPROPRIATING $1,380.00 FROM THE HIGHWAYS SAFETY FUND FOR EQUIPMENT AND SUPPLIES FOR THE POLICE DEPARTMENT. A BILL APPROPRIATING $4,782.00 FROM THE HIGHWAYS SAFETY FUND FOR EQUIPMENT FOR THE POLICE DEPARTMENT. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Lt. Larry Blume, Traffic Bureau, made the presentation for the bill. He indicated the moneys from these grants would be used to purchase breathizers, cameras, tape recorders, collapsible measuring wheels, and safety cones. Council Member Beck made a motion to recommend Bill No. 14 -83 to the Council favorable, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to recommend Bill No. 15 -84 to the Council favorable, seconded by Council Member Beck. The motion carried. There being no further business to Member Taylor made a motion to rise Member Beck. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED come before the Committee of the Whole, Council and report to the Council, seconded by Council ATTEST: hair r dn zz,Lq�z, 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 7:50 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7293 -84 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) AND ORDINANCE NO. 6743 -80 (W. WASHINGTON ST.) 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 Crone. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Crone. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7294 -84 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68 AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (2037 E. IRELAND RD.) _ ,REGULAR.. MEETING. FEBRUARY 13_,_ 1984 This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7295 -84 AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (1007 RIVERSIDE DR.) 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 Crone. The motion carried. Council Member Serge made a motion to pass this bill, as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7296 -84 AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (1059 RIVERSIDE DRIVE). This bill had second reading. Council Member as amended in the Committee of the Whole, sec motion carried Council Member Crone made a seconded by Council Member Zakrzewski. The ayes. Crone made a motion to amend this bill nded by Council Member Voorde. The otion to pass this bill, as amended, 11 nassed by a roll call vote of nine ORDINANCE NO. 7297 -74 AN ORDINANCE THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, .- IN AMENDING CHAPTER 2, _.ARTICLE 1a_SEC:TION 2 -2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS THE ADOPTION OF RULES AND REGULATIONS BY THE COMMON COUNCIL AND POWERS THERETO. This bill had second reading. Council Member Crone made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Puzzello made a motion to pass this bill, as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7298 -74 AN ORDINANCE ESTABLISHING THE HIGHWAYS SAFETY FUND. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Crone. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7299 -84 AN ORDINANCE APPROPRIATING $13,000 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS THE GENERAL REVENUE SHARING TRUST FUND FOR A TRUCK FOR CODE ENFORCEMENT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Crone. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7300-84 AN ORDINANCE AMENDING CHAPTER 18, ARTICLE 5, ENTITLED PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES. This bill had second reading. Council Member Crone made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7301 -84 AN ORDINANCE TRANSFERRING $728,265.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7302 -84 AN ORDINANCE APPROPRIATING $1,380.00 FROM THE HIGHWAYS SAFETY FUND FOR EQUIPMENT AND SUPPLIES FOR THE POLICE DEPARTMENT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Crone. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7303 -84 AN ORDINANCE APPROPRIATING $4,782.00 FROM THE HIGHWAYS SAFETY FUND FOR EQUIPMENT FOR THE POLICE DEPARTMENT. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. RESOLUTIONS REGULAR MEETING FEBRUARY 13, 1984 RESOLUTION NO. 1119 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA OFFICE OF SOCIAL SERVICES AN APPLICATION FOR FUNDING THROUGH THE SOCIAL SERVICES BLOCK GRANT ACT. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City and is the applicant for the Social Services Block Grant Act funds, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That it hereby establishes the authority of the Mayor of the City of South Bend to submit an application for Social Services Block Grant Act funds in the amount of $52,521.00 to the Indiana Office of Social Services. SECTION II. That the Director of the Youth Service Bureau shall be designated the Administrative Agent for this grant. That for every category established under this Resolution, the Mayor shall submit to the Common Council a line item budget in ordinance form, prior to the expenditures of any grant money received upon approval of this application. SECTION III. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Bonnie Strycker, Director of the Youth Service Bureau, indicated this request will be for reimbursement of a portion of the expenses for the Youth Service Bureau's Counseling Program, Emergency Shelter and Recreation program. She indicated this request will be for $52,521 in Federally funded Social Services Block Grant funds. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 16 -84 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE.) (BENDIX DR.) This bill had first reading. Council Member Serge made a motion to this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 17 -84 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (BRICK RD.) This bill had first reading. Council Member Serge made a motion to this bill to Area Plan, seconded by Council Member Crone. The motion carried. BILL NO. 18 -84 A BILL AMENDING ORDINANCE NO. 4990 -68 AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (4320 S. MAIN ST.) This bill had first reading. Council Member Zakrzewski made a motion to this bill to Area Plan, seconded by Council Member Crone. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Puzzello. The motion carried and the meeting was adjourned at 8:01 p.m. ATTEST: APPROVED: '4President