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HomeMy WebLinkAbout11-10-86 Council Meeting MinutesREGULAR MEETING NOVEMBER 10, 1986 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, November 10, 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, Barcome, Paszek, Voorde and Beck 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 27 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Beverlie J. Beck /s/ Al Paszek /s/ James V. Barcome Council Member Serge made a motion that the minutes of the October 27, meeting of the Council be accepted and placed on file, seconded by Council Member Puzzello. The motion carried. SPECIAL BUSINESS Council Member Taylor made a motion to appoint James E. Acheson and James D. Hock to the Energy Commission, seconded by Council Member Barcome. The motion carried. REPORTS Council Member Voorde indicated the Zoning and Vacation Committee had met on Bill nos. 95 and 113 -86 and recommended them favorably. Council Member Serge indicated that the Public Works Committee and Personnel and Finance Committee had met on Bill No. 114 -86 and recommended it favorably. Council Member Barcome indicated that the Parks Committee had met on Bill Nos. 116 and 117 -86 and recommended them favorably. Council Member Puzzello indicated that the Personnel and Finance Committee had met on Bill No. 115 -86 and recommended it favorably. Jon Hunt,-Director of Redevelopment, made a report on Monroe Park. He indicated this is one of the most successful redevelopment areas in the City. He indicated that by 1998 they will recoup the $3,000,000 spent in the area. F. Jay Nimtz, President of Redevelopment, indicated this has been a cooperative effort of many departments. A slide presentation was given showing the industrial, as well as residential aspects of the area. Council Member Braboy made a motion to resolve into the Committee of the Whole, seconded by Council Member Taylor. 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 November 10, at 7:25 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 101 -86 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1986 (SOUTH BEND ORTHOPEDIC ASSOCIATES, INC. PROJECT), AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. BILL NO. 101A -86 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1986 (TRIPODS PARTNERSHIP PROJECT, AN INDIANA PARTNERSHIP PROJECT), AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. Council Member Taylor made a motion to strike these bills from the agenda, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 95 -86 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3504 EAST JEFFERSON BOULEVARD, 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. Larry Magliozzi, from Area Plan, gave the staff report, which was favorable to the rezoning. Theresa Schimizzi, petitioner, made the presentation for the bill. She indicated this REGULAR MEETING NOVEMBER 10, 1986 rezoning was being sought in order to remodel a single family dwelling into a profession office building. Council Member Voorde made a motion to recommend this bill to the Council favorably, seconded by Council Member Beck. The motion carried. BILL NO. 112 -86 A BILL AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "TRUCK ROUTES ". 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 Beck. The motion carried. John Leszczyski. Director of Public Works, made the presentation for the bill. He indicated the Council recently passed a new Truck Route ordinance, which included Portage Avenue, Madison and Marion. He indicated this amendment would delete these streets from the Truck Route. Anna Pappas, 512 W. Madison, spoke in favor of this bill. Council Member Serge made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Taylor. The motion carried BILL NO. 113 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ENTIRE NORTH -SOUTH ALLEY, ALSO THE WEST 1/2 (ONE -HALF) OF THE EAST -WEST ALLEY WITHIN THE CITY BLOCK BOUNDED BY: MONROE -MAIN - SOUTH AND LAFAYETTE STREETS IN MARTINS ADD. TO 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. Joseph Pluta, Director of Engineering, made the presentation for the bill. He indicated the purpose of this vacation of alleys abutting and adjacent to the Studebaker National Museum is for security and improvements that require property that is of one unit or rather singular as opposed to a mall type operation. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Barcome. The motion carried. BILL NO. 114 -86 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1987 AND ENDING DECEMBER 31, 1987,`INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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 this bill represents the proposed budgets for the Water Works, Bureau of Solid Waste, Bureau of Sanitation, Clay Utilities and the Wastewater Treatment Plant. Joseph Guentert, 3510 Corby, asked if the rates were going to be increased. Mr. Vance indicated the sewage rates were being examined. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Taylor. The motion carried. BILL NO. 115 -86 A BILL CLOSING THE RAILROAD RELOCATION AND RECONSTRUCTION FUND AND TRANSFERRING'THE UNUSED AND UNENCUMBERED BALANCE OF $85,337.42 TO THE GENERAL FUND OF THE CITY OF SOUTH BEND AND APPROPRIATING SAID FUNDS TO ACCOUNT 399.0, OTHER CONTRACTUALS, TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE. 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 that under State statutes a municipality may transfer the surplus balance of a fund after the purpose for which it was created has been completed. He indicated he was asked that this fund be closed and the balance transferred to the General Fund, in order to appropriate this balance for improvements, equipment and payment of other fees and expenses attributable to the construction and operation of a professional baseball stadium. David Nowak, 1427 Hampshire, Lee Brummit, 1129 Diamond, spoke against this bill. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Taylor. The motion carried on a roll call vote of six ayes and three nays (Council Members Zakrzewski, Paszek and Voorde). BILL NO. 116 -86 A BILL APPROPRIATING FUNDS IN THE AMOUNT OF $133,000.00 FROM THE GENERAL PARK FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. James Seitz, Superintendent of _ Parks, made the presentation for the bill. He indicated the other $133,000 appropriation would be used for various accounts with the Park Fund, as well as contractual services for equipment cost, construction costs and other fees and expenses related to the construction and operation of the Coveleski Stadium. James Boufft, 1617 Inwood, spoke against this bill. He indicated the 5th District needs park improvements. Ralph Johnson, 734 N. Cushing, Murial Guentert, 3510 Corby. Janet Allen, 125 W. Marion and Joseph Guentert, 3510 Corby spoke against these bills. Council Member Beck made a motion to recommend this bill to the Council favorably, seconded by Council Member Serge. The motion carried. BILL NO. 117 -86 A BILL APPROPRIATING $107,000.00 FROM THE STANLEY COVELESKI REGIONAL BASEBALL STADIUM FUND. REGULAR MEETING NOVEMBER 10, 1986 This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Michael Vance, Controller, made the presentation for the bills. He indicated the $107,000 appropriation was to cover expenses associated with the equipping and constructing of the Coveleski Stadium. He indicated revenues were available as the City has recently received its cable television franchise fee. Roger Bass, a resident of Gary, indicated that South Bend should be happy to have a base ball stadium. Joseph Guentert, 3510 Corby, Ken Donnelly, 2605 Fredickson, Ralph Johnson, 734 N. Cushing, spoke against this bill. Council Member Barcome made a motion to recommend this bill to the Council favorably, seconded by Council Member Beck. The motion carried. There being no further Member made a motion . The motion carried. ATTEST: City Clerk business to come before the Committee of the Whole, Council to rise and report to the Council, seconded by Council Member ATTEST: REGULAR MEETING RECONVENED 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 8:40 p.m. Council President Beck presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 7700 -86 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3504 EAST JEFFERSON BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. �NCE-NO. 77.01 -8.6 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ENTIRE NORTH -SOUTH ALLEY, ALSO THE WEST 1/2 (ONE -HALF) OF THE EAST -WEST ALLEY WITHIN THE CITY BLOCK BOUNDED BY: MONROE -MAIN - SOUTH AND LAFAYETTE STREETS IN MARTINS ADD. TO THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Barcome. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7702-86 AN ORDINANCE AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "TRUCK ROUTES ". This bill had second reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Barcome. The motion carried. Council Member Serge made a motion to pass the bill, as amended, seconded by Council Member Taylor. The bill passed by a roil call vote of nine ayes. ORDINANCE NO. 7703-86 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1987 AND ENDING DECEMBER 31, 1987, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE' EFFECT. This bill had second reading. Council Member Taylor 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. 7704 -86 AN ORDINANCE CLOSING THE RAILROAD RELOCATION AND RECONSTRUCTION FUND AND TRANSFERRING THE UNUSED AND UNENCUMBERED BALANCE OF $85,337.42 TO THE GENERAL FUND OF THE CITY OF SOUTH BEND AND APPROPRIATING SAID FUNDS TO ACCOUNT 399.0, OTHER CONTRACTUALS, TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of six ayes and three nays (Council Members Zakrzewski, Paszek and Voorde.) ORDINANCE NO. 7705-86 AN ORDINANCE APPROPRIATING FUNDS IN THE AMOUNT OF $133,000.00 FROM THE GENERAL PARK FUND. 1 n 1 REGULAR MEETING NOVEMBER 10, 1986 /s/ Joseph T. Serge /s/ Ann B. Puzzello Member-of the Common Council Member of the Common Council /s/ Eugenia Braboy /s/ Robert G. Taylor Member of the Common Council Member of the Common Council /s/ Beverlie J. Beck /s/ Thomas Zakrzewski Member of the Common Council 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 A public hearing was held on the resolution at this time. Council Member Braboy read the resolution and presented it to Robert Culp. Council Member Taylor made a 'motion to adopt this resolution, seconded by Council Member Barcome. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1454 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE SCHOOL OFFICIALS AT JOHN F. KENNEDY ELEMENTARY SCHOOL FOR BEING SELECTED AS AN "EXEMPLARY ELEMENTARY SCHOOL OF EXCELLENCE" BY THE U.S. DEPARTMENT OF EDUCATION. WHEREAS, the Common Council of the City of South Bend, Indiana, notes that the U. S. Department of Education selected two hundred and ten (210) public schools for the "Exemplary Elementary School of Excellence" awards for 1986; and WHEREAS, the State Department of Education reviewed all of the applications and conducted on -site reviews for the final selection process; and WHEREAS, the Council takes great pride in acknowledging that the John F. Kennedy Elementary School was selected by the Department of Education as an "Exemplary Elementary School of Excellence" and received national television and media coverage; and WHEREAS, the Council wishes to commend the principal of the John F. Kennedy !Elementary School, Joseph Luten, and all of the teachers and staff members at the !school for their leadership abilities and academic achievements in having their school selected as an "Exemplary Elementary School of Excellence." 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 the John F. Kennedy Elementary School, 'Joseph Luten, principal, and all of the school teachers and staff members for their leadership abilities and academic achievements in having their school selected by the U. S. Department of Education as an "Exemplary Elementary School of Excellence." SECTION II. The Common Council believes that the John F. Kennedy Elementary School is an excellent example of quality public education which should be emulated by educators, and wish the school continued success in the future. SECTION III. This Resolution shall be in full force and effect upon its adoption by the Common Council and approval by the Mayor. REGULAR MEETING /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 NOVEMBER 10, 19!86 /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 A public hearing was held on the resolution at this time. Council Member Beck the resolution and presented it Joseph Luten, the principal of Kennedy School.. Luten thanked the Council. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a call vote of nine ayes. . e ad Mr. roll RESOLUTION NO. 1455 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF 'OUTF: BEND, INDIANA, COMMENDING THE SCHOOL OFFICIALS AT STANLEY CLARK SCHOOL FOR BEING SELECTED AS AN I "EXEMPLARY ELEMENTARY SCHOOL OF EXCELLENCE" BY THE U.S. DEPARTMENT OF EDUCATION. WHEREAS, the Common Council of the City of South Bend, Indiana notes that U.S. Department of Education selected sixty (60) non- public schools for the "Exemplary Elementary School of Excellence" awards for 1986; and WHEREAS, the Council for American Private Education Reviewed all of the applications and conducted on -site reviews for the final selection process; and WHEREAS, the Common Council takes great pride in acknowledging that the Sta;'ley Clark School was selected by the U. S. Department of Education as an "Exemplary Elementary School of Excellence" and received national television and media covgrage and f WHEREAS, the Council wishes to commend Donald R. Rawson, Headmaster; John H Fannin, Assistant Headmaster; and all of the teachers and staff members at the Stanley Clark School for their leadership abilities and academic achievements i having their school selected as an "Exemplary Elementary School of Excellence ". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South B nd, Indiana, as follows: EI SECTION I. On behalf of the citizens of the City of South Bend, Indiana, t Common Council hereby publicly commends the Stanley Clark School, Mr. Donald R. Rawson, Headmaster; Mr. John H. Fannin, Assistant Headmaster; and all of the teachers and staff members. SECTION II. The Common Council believes that the Stanley Clark School is excellent example of the quality private education which should be emulated by educators, and wish the school continued success in the future. SECTION III. This resolution shall be in full force and effect upon its adoption by the Common Council and approval by the Mayor. 1 1 1 �I 6O % REGULAR MEETING NOVEMBER 10, 1986 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 eight ayes and one nay (Council Member Voorde.) ORDINANCE NO. 7706 -86 AN ORDINANCE APPROPRIATING $107,000.00 FROM THE STANLEY COVELESKI REGIONAL BASEBALL STADIUM FUND. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of eight ayes and one nay (Council Member Voorde.) BILLS, FIRST READING BILL NO. 118 -86 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT LOTS 30 & 31 IN HAROLD C. WIDENER'S FIRST ADDITION IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Serge made a motion to refer this bill ,to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 119 -86 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 7, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE DELETION OF SECTIONS 2 -86 THROUGH 2 -91 ADDRESSING BUDGETARY PROCEDURES. This bill had first reading. Council Member Puzzello made a motion to set this bill ;for second reading and public hearing December 8, seconded by Council Member Taylor. The motion carried. BILL NO. 120 -86 A BILL APPROPRIATING $10,000.00 IN THE GENERAL FUND FOR THE PURPOSE OF HELPING THE HUNGRY AND THE HOMELESS. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing November 24, seconded by Council Member Taylor. The motion carried. PRIVILEGE OF THE FLOOR Roman Kowalski, 802 Birchwood, asked the Council to resume the invocation to start the meetings. Ralph Johnson, 734 N. Cushing, asked if the City Council had vacated William Street. Kenneth Donnelly, 2605 Fredrickson, spoke regarding the stadium. Joseph Guentert, 3510 Corby, spoke regarding sewage problems in the City. Wayne Wirts, 1889 Riverside, spoke regarding the stadium. There being no further Council Member Barcome Puzzello. The motion ATTEST: City Clerk business to come before the Council, unfinished or new, made a motion to adjourn, seconded by Council Member parried and the meeting was adjourned at 9:16 p.m. APPROVED: resident