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HomeMy WebLinkAbout11-24-86 Council Meeting MinutesREGULAR MEETING NOVEMBER 24, 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 24, 1986, 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 November 10, 1986 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Beverlie J. Beck /s/ Al Paszek /s/ James Barcome Council Member Taylor made a motion that the minutes of the November 10, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS Council Member Zakrzewski made a motion to reappoint Mary Grubesich to the Older Adults Council, seconded by Council Member Voorde. The motion carried. RESOLUTION NO. 1453 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTHi BEND, INDIANA, COMMENDING ROBERT CULP FOR HIS HEROIC '' AND LIFE - SAVING ACTIONS. WHEREAS, the Common Council of the City of South Bend, Indiana acknowledges than; on October 5, 1986, Mary Culp, in an attempt to avoid an head -on collision, swerved her car and plunged into Beck's Lake; and WHEREAS, Mary Culp, age 63 years, was unable to free herself from her seat belt and was unable to get out of the car; and WHEREAS, Robert Culp, 11 years old and a fifth grader at Harrison School, dramatically rescued Mary Culp and saved her life; and WHEREAS, with the help of another relative and the South Bend Fire Department personnel, Robert and Mary Culp were both successfully rescued twenty -five feet from'; shore. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, the South Bend Common Council hereby publicly commends Robert Culp, age 11, dramatic rescue of Mary Culp from Beck's Lake on October 5, 1986. SECTION II. The Common Council believes that heroic deeds like the ones performed by Robert Culp are deserving of public tribute and recognition. Indiana,;; for his 'I 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. 6// REGULAR MEETING NOVEMBER 24, 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 Puzzello read the resolution and presented it to a representative of Stanley Clark School. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Paszek. The resolution was adopted by a roll call vote of nine ayes. REPORTS Council Member Braboy indicated that the Human Resources Committee had met with representatives of the National Association of Neighborhoods. John Leszczynski, City Engineer, indicated that his department had developed a brochure entitled "A Guide to Understanding and relieving Basement Flooding Problems." He indicated the City has attempted to: identify the problem areas; identify actual causes; begin implementation with those solutions; monitor the results. He indicated that in conjunction with preparation of the guide the City has begun cleaning and repairing those lines identified as being blocked or partially restricted. He indicated that after January 1st the City will have a crew full time cleaning these lines, and a sewer inspector will be assigned to review each individual situation with the homeowners. Andy Toth, a local architect, indicated the solution to the water retention basins are sidewalks that act as retention basins. Council Member Braboy made a motion to resolve into the Committee of the Whole, seconded by Council Member Puzzello. 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 24, at 7:43 p.m., with nine members present. Chairman Puzzello presiding. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Carol Sanders, Deputy Controller, made the presentation for the bill. She indicated this bill appropriates $10,000 to help the hungry and homeless. She indicated the funds came to'the City as a donation from Hands Across America. She indicated the funds would be' divided equally to five agencies: St. Augustine's Church, First Methodist Church, Hope Rescue Mission, Shelter for the Homeless Agency, and a fifth not yet identified. She indicated if a fifth agency is not found the $2,000 would be divided among the previously mentioned four agencies. Steve Leucke, Director of the St1 Austine's Soup Kitchen, spoke in favor of this appropriation. He indicated they served 250 meals this past month. Council Member Barcome made a motion to recommend this bill to the Council favorably, seconded by Council Member Zakrzewski. The motion carried. 6/a REGULAR MEETING NOVEMBER 24, 1986 There being no further business to come before the Committee of the Whole, Council Member Braboy made a motion to rise and report to the Council, seconded by Council Member Puzzello. The motion carried. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED al'Li UL6 i man yo - 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 7:47 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7707 -86 AN ORDINANCE APPROPRIATING $10,000.00 IN THE GENERAL FUND FOR THE PURPOSE OF HELPING THE HUNGRY AND THE HOMELESS. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1456 -86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE CIVIC CENTER BOARD OF MANAGERS TO SUPERVISE, MANAGE, OPERATE, AND MAINTAIN MORRIS CIVIC AUDITORIUM AND THE PALAIS ROYALE BUILDING WHEREAS, the City of South Bend, Indiana, owns the Morris Civic Auditorium, and leases the Palais Royale building; and, WHEREAS, Indiana Code 36- 10 -10 -30 (12) provides that the City legislative body, with approval of the City executive, many authorize the Civic Center Board of Managers, also known as the Century Center Board of Managers to supervise, manage, operate and maintain public facilities which are owned or leased by the City; and, WHEREAS, the Common Council believes that it is in the best interest of the citizens of the City of South Bend to place such responsibility with said Board of Managers in order to promote the use of the facilities for conventions and other appropriate uses. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South bend, Indiana as follows: 1. The Civic Center Board of Managers is hereby directed to supervise, manage, operate and maintain the Morris Civic Auditorium and the Palais Royale building. 2. 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. Council Member Beck indicated this resolution would authorize the Civic Center Board of Managers to manage the Morris Civic auditorium. 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. J I I 1 1 REGULAR MEETING (�o/3 NOVEMBER 24, 1986 RESOLUTION NO. 142. A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA RELATING TO,THE ASSIGNMENT AND ASSUMPTION BY PRAIRIE PROPERTIES, INC., AN INDIANA CORPORATION OF THE 1985 SERIES SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS, ISSUED FOR THE INLAND DISTRIBUTING CORPORATION PROJECT. WHEREAS, Inland Distributing Corporation, an Indiana corporation ( "Inland ") applied for the issuance of the City of South Bend Economic Development Revenue Bonds in the sum of $625,000.00, and WHEREAS, said bonds were issued by the City of South Bend as Economic Development Revenue Bonds, series 1985 Inland Distributing Corporation Project; and WHEREAS, said bonds were issued pursuant to an Indenture of Trust dated April 1, 1985; and WHEREAS, the shareholders of Inland Distributing corporation have sold the stock of Inland Distributing Corporation to Bunzl Building Materials Service, Inc., an Indiana corporation; and WHEREAS, the shareholders intend to keep the real estate in the name of a newly formed corporation, namely Prairie Properties, Inc.; and WHEREAS, said bond issue has been assigned to and all rights, obligations and duties have been assumed by Prairie Properties, Inc.; and WHEREAS, the original intent of the bond issue has been fulfilled and will continue to be fulfilled by the sale, and said assignment is in the best interests of the City of South Bend. NOW, THEREFORE, the Common Council of the City of South Bend hereby resolves as follows: 1. The Project constitutes an Economic Development Facility and continues to do so which has been financed by the city through the issuance of revenue bonds pursuant to the provisions of Indiana Code 36 -7 -12. 2. The financing has benefitted and will continue to benefit the economic welfare of the City and will comply with the provisions of said Act. 3. The assignment and assumption of the responsibilities and obligations of Inland distributing Corporation by Prairie Properties, Inc., furthers the initial financing and requirements of the Act. 4. That the liabilities and obligations of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall continue to be limited solely through its good faith efforts in the issuance of said bonds, and that the said South Bend Economic Development Commission and the City of South Bend, their officers and agents shall not incur any liability for any reason under said bond issue. 5. That said assignment and assumption by Prairie Properties is hereby approved. This resolution shall be in full force and effect from and after its adoption by the Common Council. /s/ Beverlie J. Beck Member of the Common Council REGULAR MEETING NOVEMBER 24, 1986 A public hearing was held on the resolution at this time. Fredrick Boyton, attorney indicated the Commission received an application from Boliden Metech requesting assistance on their bond assignment in the amount of $625,000 for the development of their property at 1145 Prairie Avenue. He indicated that Inland Distributing is going to sell the corporate stock to Bunzl Building Materials who will continue the operation of Inland Distributing Corporation. 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. BILLS, FIRST READING BILL NO. 121 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1025 E. CALVERT STREET, 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 Puzzello. The motion carried. BILL NO. 122 -86 A BILL APPROPRIATING $287,500.00 FROM THE REDEVELOPMENT STATE GRANT PROGRAM FUND TO BE ADMINISTERED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing December 8, and refer it to the Human Resources Committee, seconded by Council Member Braboy. The motion carried. BILL NO. 123 -86 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BOND, (PAI PROPERTIES, AN INDIANA PARTNERSHIP PROJECT, SERIES 1986), IN THE AGGREGATE PRINCIPAL AMOUNT OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS (750,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing December 8, seconded by Council Member Puzzello. The motion carried. BILL NO. 124 -86 A BILL TRANSFERRING MONIES BETWEEN VARIOUS ACCOUNTS IN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing December 8 and refer it to the Personnel and Finance Committee, seconded by Council Member Barcome. The motion carried. BILL NO. 125 -86 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing December 8 and refer it to the Personnel and Finance Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 126 -86 A BILL APPROPRIATING THE SUM OF $373,000 FROM THE GENERAL FUND FOR THE PURPOSE OF DEFRAYING UNANTICIPATED COSTS WITHIN VARIOUS DEPARTMENTS OF THE GENERAL FUND FOR THE YEAR 1986. 1 D 1 I suf:' are itsi AI Dii LUTION NO. 1458 -8( A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, APPROVING A REDUCTION IN DEPARTMENT 23 FUND 02 STREET DEPARTMENT BUDGET - MOTOR VEHICLE HIGHWAY FUND. WHEREAS, the State Board of Accounts has determined that revenue for 1987 is not :icient to fund necessary expenditures. WHEREAS, the south Bend Common Council has determined that the necessary funds available from 1986 revenues to cover the unfunded 1987 expenditures in the znt of $75,000. SNOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, CANA, AS FOLLOWS: SECTION I. To reduce Account 120 $45,000 Account 416 $30,000 Total Reduction $75,000 !SECTION II. This resolution shall be in full force and effect from and after ;adoption by the Common Council. /s/ Beverlie J. Beck Member of the Common Council iblic hearing was held on the resolution at this time. John Leszczynski, actor of Public Works, indicated it was agreed to reduce the 1986 Street irtment Budget by $75,000 to allow full funding for the year 1987. Council )er Zakrzewski made a motion to adopt this resolution, seconded by Council Member ;ek. The resolution was adopted by a roll call vote of nine ayes. �1344- REGULAR MEETING 6/-S--- NOVEMBER 24, 1986 This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing December 8, and refer it to the Personnel and Finance Committee, seconded by Council Member Barcome. The motion carried. BILL NO. 127 -86 A BILL APPROPRIATING THE SUM OF $90,250 FROM THE WATER WORKS DEPRECIATION FUND FOR THE PURPOSE OF DEFRAYING UNANTICIPATED EXPENDITURES IN 1986. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing December 8, and refer it to the Utilities Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 128 -86 A BILL APPROPRIATING THE SUM OF $337,000 FROM THE LIABILITY INSURANCE PREMIUM AND RESERVE FUND TO ACCOUNT 342.0 IN THE AMOUNT OF $187,000 AND ACCOUNT 391.0 IN THE AMOUNT OF $150,000, BOTH ACCOUNTS BEING WITHIN THE SELF - INSURANCE DEPARTMENT BUDGET. This bill had first reading. Council Member Barcome made a motion to set this bill for second reading and public hearing December 8, and refer it to the Personnel and Finance Committee, seconded by Council Member Serge. The motion carried. BILL NO. 129 -86 A BILL APPROPRIATING THE SUM OF $227,000.00 FROM THE PARKING GARAGE PROJECT FUND FOR THE YEAR 1986. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing December 8, and refer it to the Personnel and Finance Committee, seconded by Council Member Barcome. The motion carried. BILL NO. 130 -86 A BILL APPROPRIATING THE SUM OF $60,733.00 FROM THE SOLID WASTE OPERATING AND MAINTENANCE FUND FOR THE PURPOSE OF DEFRAYING UNANTICIPATED COSTS IN 1986. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing December 8 and refer it to the Utilities ` Committee, seconded by Council Member Voorde. The motion carried. BILL NO. 131 -86 A BILL APPROPRIATING $42,128 FROM THE SOUTH BEND /CLAY WATER WORKS DEPRECIATION FUND TO ACCOUNT 399.0 WITHIN THE SOUTH BEND /CLAY WATER DEPRECIATION BUDGET FOR THE PURPOSE OF DEFRAYING UNANTICIPATED EXPENDITURES FOR 1986. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing December 8, and refer it to the Utilities Committee, seconded by Council Member Barcome. The motion carried. BILL NO. 132 -86 A BILL APPROPRIATING $18,000.00 FROM THE SOUTH BEND /CLAY SEWAGE WORKS OPERATING AND MAINTENANCE FUND TO ACCOUNT 354.0 AND ACCOUNT 390.0 WITHIN THE SOUTH BEND /CLAY SEWAGE BUDGET. This bill had first reading. Council Member Taylor made a motion to set this bill for second reading and public hearing December 8, and refer it to the Utilities Committee, seconded by Council Member Voorde. The motion carried. 3' BILL NO. 133 -86 A BILL APPROPRIATING $200,000.00 FROM THE SEWAGE WORKS OPERATION AND MAINTENANCE FUND FOR THE PURPOSE OF DEFRAYING UNANTICIPATED COSTS IN 1986. REGULAR MEETING NOVEMBER 24, 1986 This bill had first reading. Council Member Braboy made a motion to set this bill for second reading and public hearing December 8, and refer it to the Utilities Committee, seconded by Council Member Barcome. The motion carried. BILL NO. 134 -86 A BILL AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE AND ESTABLISHING A SCHEDULE OF RATES, CHARGES AND SURCHARGES FOR SERVICES RENDERED BY THE SOUTH BEND WASTEWATER TREATMENT PLANT. li This bill had first reading. Council Member Taylor made a motion to set this bill II for second reading and public hearing December 8, and refer it to the Utilities ' Committee, seconded by Council Member Braboy. The motion carried. i I BILL NO. 135 -86 A BILL APPROPRIATING $75,760.00 FROM THE LOCAL EQUAL EMPLOYMENT AND EQUAL HOUSING OPPORTUNITY FUND. This bill had first reading. Council Member Braboy made a motion to set this bill for second reading and public hearing December 8, and refer it to the Human Resources Committee, seconded by Council Member Taylor The motion carried. BILL NO. 136 -86 A BILL APPROPRIATING $164,415.00 FROM THE CENTURY CENTER OPERATING FUND FOR THE PURPOSE OF DEFRAYING UNANTICIPATED COSTS I' IN 1986. This bill had first reading. Council Member Taylor made a motion to set this bill for second reading and public hearing December 8, and refer it to the Personnel and Finance Committee, seconded by Council Member Braboy. The motion carried. l �BILL NO. 137 -86 A BILL AMENDING CHAPTER FOUR OF THE SOUTH BEND MUNICIPAL CODE j REGULATING THE LICENSING OF BUSINESSES WITHIN THE CITY OF SOUTH II BEND. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing December 8, and refer it to the Personnel and 3 Finance Committee, seconded by Council Member The motion carried. BILL NO. 138 -86 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1700 BLOCK E. RANDOLPH STREET, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Puzzello. The motion carried. UNFINISHED BUSINESS Council Member Barcome made a motion to set Bill No. 111 -86 for public hearing and second reading December 8, and refer it to the Zoning and Vacation Committee, seconded by Council Member Taylor. The motion carried. PRIVILEGE OF THE FLOOR Irene Mutzl, 320 Parkovash, spoke regarding Fair Tax's accomplishments. She also spoke against the stadium. Joseph Guentert, 3510 Corby, indicated that Beverlie Beck was one of the sponsors of CIE. Wayne Wirt, 1817 Riverside Dr., spoke regarding the stadium, the Library Board, and sewers. Mary Ellen Guentert, 3510 Corby, spoke regarding the Fair Tax Association. 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 Barcome. The motion carried and the meeting was adjourned at 8:30 p.m. ATTEST: City Clerk APPROVED: 1 resident 6/6