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HomeMy WebLinkAbout02-23-81 Council Meeting MinutesREGULAR MEETING FEBRUARY 23, 1981 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 23, 1981, 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, Szymkowiak, Beck, Taylor, Crone, Dombrowski, Voorde and McGann Absent: Council Member Kopczynski 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 respect- �! fully report that it has inspected the minutes of the February 9, 1981, meeting of the i Council and found them correct. �! The sub - committee, therefore, recommends that the same be approved. /s/ Lewis A. McGann /s/ Beverly D. Crone Council Member Serge made a motion that the minutes of the February 9, 1981, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. SPECIAL BUSINESS Council Vice President Serge chaired this portion of the meeting. Council President McGann asked that the public hearing be held on the three resolutions. Council Member Taylor made a motion to conduct public hearing on all three resolutions, seconded by Council Member Dombrowski. The motion carried. Council President McGann indicated that on February 10, 1981, a tragedy occurred when a car containing two women plunged into the river. He indicated that two firefighters, Captain James Cole and Afred Kirsit: at the risk of their own lives attempted to save the women. He said the temperature was 37 degrees, a river temperature of 40 degrees, as swift water current of 20 to 25 miles per hour, and huge chunks of ice moving in the river. He commended the firemen, along with all the other firefighters who attempted to save these women. Joseph Kernan, City Controller, indicated that on behalf of the Mayor he would like to express the thanks and appreciation of all the citizens of South Bend. He then presented the follow ing resolutions to Fire Chief Brassell, Captain Cole and Alfred Kirsits. I 7 REGULAR MEETING FEBRUARY 23, 1981 RESOLUTION NO. 861 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE SOUTH BEND FIRE DEPARTMENT, AND IN PARTICULAR ALL FIREFIGHTER PERSONNEL WHO TOOK PART IN THE COURAGEOUS AND VALIANT RESCUE ATTEMPT OF FEBRUARY 10, 1981. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that each Firefighter swears to uphold the Firefighters Oath which calls for the "protection of life and property" in the line of duty; and WHEREAS, the Council recognizes that the courageous rescue attempt of two South Bend residents on February 10, 1981, by the South Bend Fire Department epitomized a highly skilled, professional, and dedicated team effort to save life against all adversitie and WHEREAS, the Council wishes to thank and highlight in particular the efforts of the Firefighter perssonnel of Engine 2, Ladder 4, Rescue 1, Medic 1, and the Fire Department Boat; the courageous efforts of Captain James Cole, Firefighter Alfred P. Kirsits, Firefighter Ron Brandt, Captain Robert Ranschaert, Paramedic Robert Raker, Battalian Chief Robert Quinn, Battalian Chief George Witucki, Fire Chief Timdthy J. Brassell; and all the other divers, paramedics, and other Fire Department Personnel who offered their help in the St. Joseph River rescue attempt. NOW, THEREFORE, BE IT RESOLVED BY the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, publicly com- mend the team effort of the South Bend Fire Department in the February 10, 1981 rescue attempt of two residents from the St. Joseph River. SECTION II. The Common Council herewith recognizes that despite the near freezing weather conditions, and the icy waters of the St. Joseph River, the Fire Department Personnel vigorously continued to battle these adversities in their effort to save human life. Such dedicated actions of the Firefighters, the Council believes goes beyond the call of duty. 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 First District /s/ Walter M. Szymkowiak Second District /s/ Beverlie J. Beck Third District /s/ Lewis A. McGann Fourth District Robert G. Taylor Fifth District /s/ Walter T. Kopczynski Sixth District /s/ Beverly D. Crone At Large Richard C. Dombrowski At Large John Voorde At Large Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 862 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING CAPTAIN JAMES COLE OF THE SOUTH BEND FIRE DEPARTMENT FOR HIS COURAGEOUS AND VALIANT RESCUE ATTEMPT ON FEBRUARY 10, 1981. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that each Firefighter swears to uphold the Firefighters Oath which calls for "the protection of life and property" in the line of duty; and WHEREAS, the courageous rescue attempt of two South Bend residents on February 10, 1981, by the South Bend Fire Department, and in particular Captain James Cole, epitomize a highly skilled and dedicated effort to save life against all adversities; and WHEREAS, Captain Cole's attempted rescue took place in the wake of heavy rain, a temperature of 37 degrees, a river temperature of 40 degrees, a swift current of 20 to 25 miles per hour, and huge chunks of ice moving in the river; and WHEREAS, Captain Cole's own mouth piece was dislodged by floating ice chunks, yet despite the severe conditions he continued to battle the weather, and icy water for approximately two hours in the attempted rescue. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, commends the team effort of the South Bend Fire Department and in particular the courageous effort of Captain James Cole of the South Bend Fire Department in the February 10, 1981, rescue attempt of two residents from the St. Joseph River. W� REGULAR MEETING FEBRUARY 23, 1981 SECTION II. The Common Council believes that the determination of Captain Cole to save life against all adversities clearly epitomizes a dedicated Firefighter who is a credit to the Department, and to the City, who went beyond the call of duty. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Councvil and approved by the Mayor. /s/ Joseph T. Serge First District /s/ Walter M. Szymkowiak Second District /s/ Beverlie J. Beck Third District /s/ Lewis A. McGann Fourth District /s/ Robert G. Taylor Fifth District /s/ Walter T. Kopczynski Sixth District /s/ Beverly D. Crone At Large Richard C. Dombrowski At Large John Voorde At Large Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 862 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING CAPTAIN JAMES COLE OF THE SOUTH BEND FIRE DEPARTMENT FOR HIS COURAGEOUS AND VALIANT RESCUE ATTEMPT ON FEBRUARY 10, 1981. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that each Firefighter swears to uphold the Firefighters Oath which calls for "the protection of life and property" in the line of duty; and WHEREAS, the courageous rescue attempt of two South Bend residents on February 10, 1981, by the South Bend Fire Department, and in particular Captain James Cole, epitomize a highly skilled and dedicated effort to save life against all adversities; and WHEREAS, Captain Cole's attempted rescue took place in the wake of heavy rain, a temperature of 37 degrees, a river temperature of 40 degrees, a swift current of 20 to 25 miles per hour, and huge chunks of ice moving in the river; and WHEREAS, Captain Cole's own mouth piece was dislodged by floating ice chunks, yet despite the severe conditions he continued to battle the weather, and icy water for approximately two hours in the attempted rescue. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, commends the team effort of the South Bend Fire Department and in particular the courageous effort of Captain James Cole of the South Bend Fire Department in the February 10, 1981, rescue attempt of two residents from the St. Joseph River. SECTION II. The Common Council believes that the determination of Captain Cole to save life against all adversities clearly epitomizes a dedicated Firefighter who is a credit to the Department, and to the City, who went beyond the call of duty. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Councvil and approved by the Mayor. /s/ Joseph T. Serge First District /s/ Walter M. Szymkowiak Second District /s/ Beverlie J. Beck Third District /s/ Lewis A. McGann Fourth District /s/ Robert G. Taylor Fifth District /s/ Walter T. Kopczynski Sixth District /s/ Beverly D. Crone At Large Richard C. Dombrowski At Large John Voorde At Large Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes. �j REGULAR MEETING FEBRUARY 23, 1981 R, REfSOLUTION NO. 863 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING ALFRED R. KIRSITS OF THE SOUTH BEND FIRE DEPARTMENT FOR HIS COURAGEOUS AND VALIANT RESCUE ATTEMPT ON FEBRUARY 10, 1981. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that each Firefighter swears to uphold the Firefighters Oath which calls for the "protection of life and property" in the line of duty; and WHEREAS, the courageous rescue attempt of two South Bend residents on February 10, 1981, by the South Bend Fire Department, and in particular Firefighter Alfred P. Kirsits epitomize a highly skilled and dedicated effort save life against all adversities; and WHEREAS, Firefighter Kirsits attempted rescue took place in the wake of heavy rain, a temperature of 37 degrees, a river temperature of 40 degrees, a swift water current of 20 to 25 miles per hour, and huge chunks of ice moving in the river; and WHEREAS, Firefighter Kirsits own scuba tank was knocked from his back by ice chunks, and despite being swept downstream by the swift current, he continued to battle the weather and icy river conditions for approximately two hours in the attempted rescue. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, commends the team effort of the South Bend Fire Department and in particular the courageous effort of firefighter Alfred R. Kirsits of the South Bend Fire Department in the February 10, 1981, rescue attempt of two residents from the St. Joseph River. SECTION II. The Common Council believes that the determination of Firefighter Kirsits to save life against all adversities clearly epitomizes a dedicated Firefighter who is a credit to the Department, and to the City, who went beyond the call of duty. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. /s/ Joseph T. Serge First District /s/ Walter M.Szymkowiak Second District /s/ Beverlie J. Beck Third District /s/ Lewis A. McGann Fourth District /s /Robert G. Taylor Fifth District /s/ Walter T. Kopczynski Sixth District /s/ Beverly D. Crone At Large /s/ Richard C. Dombrowski At Large /s/ John Voode At Large Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of eight ayes. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Dombrowski. 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 Monday, February 23, 1981, at 7:14 p.m., with eight members present. Chairman Voorde presiding. BILL NO. 11 -81 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE, BEING ORDINANCE NO. 4990 -68, AS AMENDED. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Eugenia Swartz, Assistant City Attorney, made the presentation for the bill. She indicated a substitute bill had been filed with the City Clerk and an amendment should be made to accept the substitute. Council President McGann made a motion to accept the substitute bill, seconded by Council Member Dombrowski. The motion carried. Ms. Swartz indicated this bill was to amend the zoning ordinance in order the clarify certain definitions of a dwelling, thereby excluding house trailer and mobile home. She indicated that a modular home was acceptable. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. ACA REGULAR MEETING FEBRUARY 23, 1981 i BILL NO. 12 -81 A BILL AMENDING CHAPTER 7, ARTICLE 5 OF THE MUNICIPAL CODE OF { THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE SCRAP AND JUNK DEALERS ORDINANCE. This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Kathy Cekanski- Farrand, Council Attorne made the presentation for the bill. She indicated this amendment to the present ordinanc would require all reports from the Fire Prevention Bureau and Environmental Protection Office be sent to the Common Council with the resolution requesting a new license be issued or renewed. She indicated this would also require the Clerk of the Board of Public Works to send renewal applications out on or before November lst. She indicated it also changed the time period for the Council to act on the resolution, and added a section regarding combustible material storage. Richard Hill, City Attorney, indicated that the Administration wholeheartedly supported this amendment. Council Member Szymkowi made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 14 -81 A BILL APPROPRIATING $450,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8101, BENDIX DRIVE TRACK RELOCATION, WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this project entails reloca- tion of the tracks located on Bendix Drive to the east side of the City's right -of -way. He indicated that in conjunction with this track relocation, Bendix Drive will be re- constructed between Westmoor Street and Lincolnway West. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Dombrowski made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion carried. ATTEST: Clerk REGULAR MEETING RECONVENED ATTEST: Chairman 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 7:35 p.m. Council President McGann presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 6893 -81 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE, BEING ORDINANCE NO. 4990 -68, AS AMENDED. 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 Dombrowski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6894 -81 AN ORDINANCE AMENDING CHAPTER 7, ARTICLE 5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE SCRAP AND JUNK DEALERS ORDINANCE. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6895 -81 AN ORDINANCE APPROPRIATING $450,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8101, BENDIX DRIVE TRACK RELOCATION, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. RESOLUTIONS _0 REGULAR MEETING FEBRUARY 23, 1981 RESOLUTION NO. 864 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOP- MENT, AN APPLICATION FOR 1981 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND URBAN DEVELOP - MENT ACT OF 1977. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City, and is the applicant for Community Development Block Grant Funds under Title I of the Housing and Community Development Act of 1977. NOW, THEREFORE, BE IT RESOLVED, BY THE Common Council of the City of South Bend, Indiana: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit the 1981 Community Development Block Grant Application to the United States Government under Title I of the Housing and Community Development Act of 1977. SECTION II. That the Common Council of the City of South Bend, Indiana, hereby requests that the Mayor submit the 1981 Community Development Block grant Application to the Common Council for review and comment prior to the date upon which the Community Development Block Grant Application must be filed with the Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Community Development Block Grant funds received upon approval of this application. SECTION IV. 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/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Marzy Bauer, Director of Community Development, indicated that her staff had prepared a summary of the application to assist Council Members in their consideration of this resolution. She indicated that a full application will be made available to the Council prior to final application submittal date. She indicated their total program amount would be $4,446,648. Glendarea Hernandez, 702 E. South, asked why Section 8 funds were nt being used to supplement housing rehabilitation. Ms. Bauer indicated the City had not participated in Section 8 funds long enough to qualify for this supplement. Floyd Carter, 1619 Fassanacht, Chairman of the Citizen's Advisory Council for Community Development, indicated that the Advisory Council supported this resolution. Council Member Beck made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 865 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE INSTITUTE OF MUSEUM SERVICES A GRANT APPLICATION FOR GENERAL OPERATING SUPPORT MONIES FOR DISCOVERY HALL. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, and is the Applicant for institute of Museum Services Funds for Discovery Hall. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the Mayor of the City of South Bend is hereby authorized to submit an application for $18,300, in General Operating Support funds which may be used for most general operating expense items of the museum (including additional staff Personnel in Discovery Hall Museum). SECTION II. 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 any expenditure of any grant money received pon approval of the application.. SECTION III. That this resolution shall be in full force and effect from and after its adoption by the Common Cuncil and approval by the Mayor. /sj Lewis A. McGann Member of the Common Council RAM REGULAR MEETING FEBRUARY 23, 1981 A public hearing was held on the resolution at this time. Gust Saros, Director of Discovery Hall, indicated this grant application was for $18,300 which may be used for most general operating expense items of the museum. He indicated they wanted to use part of the funds for the addition of a Curator of Education. He said this person would be responsible for education programs for students and the general public in connection with the new exhibits. He indicated this grant did not require any match. Council Member Beck made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 866 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE BOARD OF PUBLIC WORKS TO ENTER INTO A CONTRACT FOR TE SALE OF A TRIANGULAR PORTION OF LAND BOUNDED BY ST. JOSEPH, COLFAX AND MICHIGAN STREETS, MORE COMMONLY KNOWN AS DISPOSITION PARCEL N0. 2 -13, IND. R -66. WHEREAS, the Board of Public Works of the City of South Bend, pursuant to the Municipal Code of the City of South Bend, Chapter 14.5 has offered for sale a triangular portion of land bounded by St. Joseph, Colfax and Michigan Streets, more commonly known as Disposition Parcel No. 2 -13, Ind. R -66, at an offering price of $39,958.00; and WHEREAS, the Board of Public Works of the City of South Bend has advertised for and received sealed bids for the purchase of said property; and WHEREAS, the Board of Public Works did receive the attached bid from FBT Bancorp, Inc., to purchase the property for $39,958.00; and WHEREAS, the Board of Public Works has now complied with all with all requirements of the Municipal Code of the City of South Bend, Chapter 14.5, which establishes pro- cedures for the disposition of real property owned by the City of South Bend, and more specifically real property valued by the Board at more than $1,000.00. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, that: SECTION I. The Board of Public Works be authorizied to enter into a contract for the sale of: A part of the northwest quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described more particularly as follows: Beginning at the intersection of the east boundary of North Michigan Street (USR #31) and the north boundary of East Colfax Street; thence North 89039'37" East a distance of 244.07 feet; thence North 20024'52" West a distance of 53.52 feet; thence northwesterly a distance of 153.59 feet along an arc to the left and having a radius of 243.98 feet and subtended by a long chord having a bearing of North 38026'55" West and a length of 151.07 feet; thence North 56028159" West a distance of 96.35 feet; thence northwesterly a distance of 56.94 feet along an arc to the left and having a radius of 148.28 feet and subtended by a long chord having a bearing of North 69059103" West and a length of 56.59 feet; thence South 00028159" east a distance of 242.50 feet to the place of beginning. Said tract contains 39,958 square feet (0.917 Ac.) more or less, more commonly known as Disposition Parcel 2 -13, Ind. R -66. for a total price of $39,958.00, subject to the restrictions set out in the specification: for sale previously established by the Board Public Works and attached hereto. 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. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Richard Hill, City Attorney, indicated that FBT Bancorp wanted to purchase this land, which is located in front of the Morris Civic Auditorium. He indicated that approval of this sale was given by the Board of Public Works and the Common Council on June 23, 1980. He indicated that an appraisal was made and an offering price of $39,958 was established. He indicated that the Quit -Claim deed restricted use of the property to "park land" or "open green space ". He indicated that the owner of the property would have to obtain permission in writing from the City prior to the construction of any structure. Clement Gramza, 726 Blaine, indicated he would not like to see anything built on this property. Mr. Hill explained the terms of the sale. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes. I 4 REGULAR MEETING FEBRUARY 23, 1981 RESOLUTION NO. 867 -81 A RESOLUTION APPROVING THE RATE CHANGES FOR ALL CITY OPERATED FLAT PARKING COLFAX STREET PARKING GARAGE, AND THE JEFFERSON STREET PARKING GARAGE AS ADOPTED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, FEBURARY 16, 1981. WHEREAS, the Board of Public Works of the City of South Bend, Indiana, did on the 16th day of February, 1981, adopt a resolution amending the rates and charges to be collected for parking of vehicles in City- operated flat parking lots, the Colfax Street Parking Garage and the Jefferson Street Parking Garage, which resolution is as follows: RESOLUTION NO. 6 -1981 OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA WHEREAS, the Board of public works and Safety of the City of South Bend did, on the 19th day of June, 1969, adopt a resolution fixing the rates and charges to be collected for parking of vehicles in off - street parking facilities, which resolution was approved by the Common Council on the 23rd day of June, 1969; and WHEREAS, Chapter 190, Acts of 1955 of the Indiana General Assembly, provides the Board of Public Works with the power, subject to approval of the Common Council, to fix the rates and charges to be collected for the parking of vehicles in off - street parking facilities; NOW, THEREFORE, BE IT RESOLVED by the Board of Public works of the City of South Bend that the following charges be made in the parking rates charged for all City- operated flat lots, the Colfax Street Parking Garage and the Jefferson Street Parking Garage. 1. The City -owned flat lot at Western and St. Joseph Shall charge a monthly rate of $16.00; the City- operated flat lot at Main and Colfax shall charge a monthly rate of $17.00; the City- operated flat lot at Washington and St. Joseph shall charge a monthly rate of $20.00; the City- operated flat lot at Washington and Michigan shall charge a monthly rate of $19.00; and the City- operated flat lot at the Municipal Services Facility, 700 block West Sample shall charge a monthly rate of $13.00. 2. Rates at the Colfax Street Parking Garage shall be as follows: (a) The monthly rate shall be $30.00 per month. (b) The hourly rates shall be set as follows: One hour or less $ .65 Two hours $1.10 Three Hours $1.25 Four Hours $1.50 Five -eight hours $2.00 Nine - twelve hours $2.25 After Twelve hours and up to twenty -four hours $2.75 3. Rates at the Jefferson Street Parking Garage shall be set as follows: (a) The monthly rate shall be $35.00 per month. (b) The hourly rates shall be set as follows: One hour or less $ .75 Two hours $1.25 Three hours $1.50 Four hours $1.75 Five -eight hours $2.00 Nine - twelve hours $2.50 After twelve hours and up to twenty -four hours $3.25 Adopted this 16th day of February, 1981: BOARD OF PUBLIC WORKS /s/ /s/ /s/ ATTEST: /s/ Barbara Byers Clerk NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that the foregoing resolution of the Board of Public Works be,and the same is hereby approved by the Common Council and shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Lewis A. McGann Member of The Common Cuncil 1015 REGULAR MEETING FEBRUARY 23, 1981 A public hearing was held on the resolution at this time. Joseph Kernan, City Controller, indicated the new rate structure would permit the City to make needed structural rapair to both of the City garages. He indicated that rates will be more competitive with the present charges at other privately owned garages. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 868 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE DEVELOPMENT PLAN AND THE MAKING OF RELOCATION PAYMENTS FOR THE MONROE- SAMPLE DEVELOPMENT PROJECT AREA. WHEREAS, the City of South Bend Department of Redevelopment (the "Department "), pursuant to the Redevelopment of Cities and Towns Act of 1953, as amended (Indiana Code 18 -7 -7) (the "Act "), has conducted surveys and investigations and has thoroughly studied the area in the City of South Bend, County of St. Joseph, State of Indiana, and designated the areas as the "Monroe- Sample Development Area" (the "Area "), which Area is more particularly described by a line drawn as follows: A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: Beginning at the interesection of the centerlines of Michigan Street and More Street in said City; thence East, along said Monroe Street centerline, to the centerline of Lincolnway East; thence Southeasterly along said centerline of its intersection with the centerline of State Road 23; thence Southwesterly and Westerly along said (being, in part, also known as the centerline of Sample Street) to its intersection with the centerline of Michigan Street; thence North along said centerline to the place of beginning. WHEREAS, the Department has made detailed studies of the location, physical con- dition of structures, land use, environmental influences, and the social, cultural, and economic conditions of the Area and has determined that the Area is a blighted area and that it constitutes a menace to the social and economic interests of the City of South Bend and its inhabitants and it would be of public utility and benefit to acquire real estate in such Area and redevelop the Area under the provisions of the Act; and WHEREAS, the Department approved a Development Plan for the Area dated February 2, 1981, entitled "Monroe- Sample Development Area, Development Plan, South Bend, Indiana ", consisting of 21 pages (the "Development Plan "), which has been submitted to the Common Council for review and approval; and WHEREAS, the Department has adopted its Declaratory Resolution No. 633 on February 2, 1981, designating the Area and approving the Development Plan; and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana, which is duly - designated and acting official planning body for the City of South Bend, has issued its written order approving said Declaratory Resolution and the Development Plan, and has certified that said Development Plan conforms to the master plan of development for the City of South Bend: and WHEREAS, the Common Council is cognizant of the conditions that are imposed under Title VI of the Civil Rights Act of 1964, as amended, providing that no person shall, on the grounds of race, age, sex, color, religion, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of any federally- assisted progjects; and NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: 1. That it is hereby found and determined that the Area is a blighted area and qualifies as an eligible project area under the Act. 2. That it is hereby found and determined that the objectives of the Development Plant cannot be achieved through more extensive rehabilitation of the Area. 3. That it is hereby found and determined that the Area conforms to the master plan of development for the City of South Bend. 4. That it is hereby found and determined that the Development Plan for the Area will afford maximum opportunity, consistent with the sound needs of the City of South Bend as a whole, for the redevelopment of the Area by private enterprise in concert with the Department. 5. That it is hereby found and determined that the Development Plant for the Area gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the Area. 6. That the Declaratory Resolution of the Department and the Department Plan are hereby in all respects approved. REGULAR MEETING FEBRUARY 23, 1981 7. That, in order to implement and facilitate the Development Plan hereby approved, it is found and determined that certain official action must be taken by the City of South Bend with reference, among other things, to changes in Zoning, vacation and removal of streets, alleys and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilaities, and other public action, and, accordingly, the Common Council hereby (a) pledges its cooperation in helping to carry out such Development Plan; (b) requests the various officials, departments, boards and agencies of the City of South Bend having administrative responsibilities to likewise cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Development Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Development Plan. 8. That the United States of America be, and hereby is assured of full compliance by the City of South Bend with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the regulations of the Department of Housing and Urban Develop- ment effectuating that Title. 9. 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/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Ann Kolata, Deputy Director of Redevelopment, gave a brief summary of the plan. She indicated this plan established clear sub -areas for specific land use. She indicated there would be residential, industrial and commercial areas. She indicated they planned to provide for some street changes. Glendarae Hernandez, 702 E. South, President of PAC, indicated this plan was far better than anything offered by the City. She said there were still some real concerns. She indicated that Redevelopment had not met with PAC on this plan. Ray Hernandez, 702 E. South, spoke in favor of this plan, however, he too had some concerns. 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 eight ayes. BILLS, FIRST READING BILL NO. 16 -81 A BILL AMENDING THE USER FEE SCHEDULE ASSESSED FOR THE USE OF AMBULANCE /MEDICAL SERVICES PROVIDED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS EMERGENCY MEDICAL /PARAMEDIC SERVICE OF THE FIRE DEPARTMENT, AND DEDICATING SAID FEES TO THE CUMULATIVE FIRE EQUIPMENT AND CAPITAL IMPROVEMENT FUND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading March 9, 1981, and refer it to the Personnel and Finance Committee, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR Irene Mutzel, 320 Parkovash, thanked everyone who supplied her with copies of the State Statutes regarding filing of remonstrance petitions. She also questioned the effective date of the sewage rates. John Leszczynski, Director of Public Works, indicated that the ordinances establishing the new rates was in full force and effect as of October 1, 1980. UNFINISHED BUSINESS RESOLUTION NO. 857 -81 A RESOLUTION ESTABLISHING GUIDELINES FOR THE UPCOMING ANNUAL PAY DISCUSSIONS BETWEEN THE COMMON COUNCIL AND THE FIREFIGHTERS AND POLICE OFFICERS OF THE CITY OF SOUTH BEND, INDIANA. (veoted by the Mayor) Council Member Beck made a motion to override the veto, seconded by Council Member Dombrowski. The motion carried on a roll call vote of eight ayes. Reports from Area Plan: Council Member Taylor made a motion to set Bill No. 3 -81 for public hearing and second reading March 9, 1981, seconded by Council Member Beck. The motion carried. NEW BUSINESS Council Member Dombrowski gave a status report on Steve & Gene's Auto Salvage. He asked that he receive a written reply from the Administration. Sale of City -owned property: 1118 McCartney, 513 Walnut, 405 E. Calvert, 1034 Cedar, 208 Chapin. Joseph Kernan, City Controller, indicated that the.Board of Public Works has determined that the above lots need not be retained by the City for any purpose. Council Member Serge made a motion to approve the sale of this property, seconded by Council Member Taylor. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Dombrowski made a motion to adjourn, seconded by Council Member Beck. The motion carried ATTEST:: orsium /r c City Clerk President