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HomeMy WebLinkAbout06-08-81 Council Meeting MinutesREGULAR MEETING JUNE 8, 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, June 8, 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, Zielinski, Crone, Dombrowski, Voorde and McGann 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 May 18, 1981, meeting of the 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 May 18, meeting of the'Counci be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Beck. The motion carried. SPECIAL BUSINESS Council Member Beck made a motion to appoint Joyce Shirk to the Historic Preservation Commission, seconded by Council Member Dombrowski. The motion carried. Council Member Beck made a motion to reappoint Frank Gootee to the TRANSPO Board of Directors, seconded by Council Member Dombrowski. The motion carried. Council Member Dombrowski read the following statement: "In the interest of resolving the misunderstanding resulting from my comments made at the last City Council meeting, I would like to make the following statement. I regret that my comments intertwined several important topics which were being debated, and for any misunderstandings which resulted. I never meant or intended any of my remarks to reflect negatively on any citizens. I am a Councilman -at- Large, elected to represent all of the people of this City. I take my responsibilities as a City Councilman very seriously. Anyone who knows me, knows that I work hard to correct, injustices and problems throughout the entire City. I pledge to continue to work hard for all of our citizens and will try to address' each topic on its own merits so that no future misunderstandings will result from either my comments or actions. Thank you." REPORTS Council Member Serge read the Public Safety Committee report, giving Bill No. 52 -81 a favorable recommendtion. Council Member Voorde indicated that the Human Resources and Economic Development Committee had met regarding tax abatement for Alexander's Jewelry Store, and gave a unfavorable recommendation. IY_ j REGULAR MEETING JUNE 8, 1981 Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Beck. 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, June 8, 1981, at 7:20 p.m., with nine members present. Chair- man Voorde presiding. BILL NO. 43 -81 A BILL TRANSFERRING $473.50 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE CITY CLERK'S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public and opponents were given an opportunity to be the presentation for the.bill. She ,indicated pay the maintenance contract for the Qyx word Szymkowiak made a motion to recommend this bi Council Member Serge. The motion carried. hearing on the above bill, proponents 'heard. City Clerk, Irene Gammon, made this transfer was necessary in order to processor in her office. Council Member 11 to the Council favorable, seconded by BILL NO. 48 -81 A BILL REDUCING VARIOUS ACCOUNTS WITHIN THE BUREAU OF STREETS' BUDGET WITHIN THE MOTOR VEHICLE HIGHWAY 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 the State Board of Tax Commissiners overestimated the appropriation of funds from the Motor Vehicle Highway Fund for the fiscal year 1981, therefore, the Commission has order the City to reduce the Bureau of Streets' budget by $159, 697. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 49 -81 A BILL APPROPRIATING $28,000.00 FOR THE DESIGN OF A WELL FIELD AND TREATMENT FACILITY TO BE LOCATED IN THE NORTHWEST PART OF THE CITY, AND APPROVING SAID CONTRACT FOR THOSE SERVICES BETWEEN LAWSON- FISHER ASSOCIATES AND THE BOARD OF SOUTH BEND WATER WORKS COMMISSIONERS. 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, Director of Utilities, made the presentation for the bill. He indicated that the shutting down of the Oliver Well Field potentially could cause problems in meeting water supply demands during the peak usage periods which occur during the summer months. He indicated that to insure that this potential problem is minimized or eliminated, it was essential that alternative supply points are developed within the present system. He indicated that Lawson - Fisher would evaluate alternative well expansion sites and design an additional well field. He indicated they would also evalute the current pumping sites in the City. Council Member Zielinski read the Utilities Committee report giving this bill a favorable recommendation. Dominic DeCosta, 754 Cottage Grove, asked why it was necessary to hire an outside firm. Mr. Vance indicated that all engineers do not have the same background. Joan Sporleder, 205 W. Cripe, asked why it why it was necessary to have an eighteen month study. Mr. Vance indicated the study would be completed in thirty days. Rose French, 2019 W. Indiana, asked how long it would take to get water. Mr. Vance indicated forty -five days. Paul Bogner, 807 W. Washington, asked when the last study was made. John Leszczynski, Director of Public Works, indicated the last study was one in the fifties. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 50 -81 A BILL APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE 1981 ETHNIC FESTIVAL, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS DEPARTMENT OF ADMINISTRA- TION 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. Mikki Dobski, River Bend Plaza Coordinator, made the presentation for the bill. She indicated this appropriation would be used to fund a portion of the Ethnic Festival. She indicated this was the fourth year that the City has participated in the funding of the festival, and this amount represents a cutback of $4,000 from last year. Pat Miller, 2213 Lincoln Way West, spoke against this bill. Dominic DeCosta 754 N. Cottage Grove, spoke against this bill. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 51 -81 A BILL APPROPRIATING $144,000.00 FROM THE GENERAL FUND, FOR STREET MAINTENANCE AND REPAIR TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE DEPARTMENT OF PUBLIC WORKS. 141 REGULAR MEETING JUNE 8, 1981 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Joseph Kernan, City Controller, made the presentation for the bill. He indicated this bill would provide for the transfer of $144,000 from five departments within the General Fund to the street materials line item in the Department of Public Works. He indicated this would pro- vide a portion of the amount required to provide for street materials in the 1981 street maintenance program. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 52 -81 A BILL APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR ALTERNATIVE FUEL CONVERSION TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE VEHICLE MAINTENANCE DEPARTMENT. 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 appropriation would be used to convert four vehicles to propane gas. He indicated that the purpose of the test program is to determine if propane is a viable alternative to the rising cost of fuel. Council Member Serge made a motion to recommend this bill to the Coun- cil favorable, seconded by Council Member Szymkowiak. 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 Coun- cil Member Crone. The motion carried. ATTEST: ATTEST: Clerk Council Member Szymkowiak made a motion to recess,_-edonded by Council Member Dom- browski. The motion carried and the meeting was recessed at 8:07 p.m. REGULAR MEETING RECONVENED Be it remembered that the Common Council Council Chambers on the fourth floor of cil President McGann Presiding and nine BILLS, SECOND READING ORDINANCE NO. 6921 -81 of the City of South Bend reconvened in the the County -City Building at 8:19 p.m. Coun- members present. AN ORDINANCE TRANSFERRING $473.50 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE CITY CLERK'S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Taylor 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. 6922 -81 AN ORDINANCE REDUCING VARIOUS.AC_COUNTS WITHIN THE BUREAU OF STREETS' BUDGET WITHIN THE-NQTDlt-VEHICLE HIGHWAY FUND. 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. 6923 -81 AN ORDINANCE APPROPRIATING $28,000.00 FOR THE DESIGN OF A WELL FIELD AND TREATMENT FACILITY TO BE LOCATED IN THE NORTHWEST PART OF THE CITY, AND APPROVING SAID CONTRACT FOR THOSE SERVICES BETWEEN LAWSON- FISHER ASSOCIATES AND THE BOARD OF SOUTH BEND WATER WORKS COMMISSIONERS. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6924 -81 AN ORDINANCE APPROPRIATING $10,000.00 FROM THE FEDERAL AS- SISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE 1981 ETHNIC FESTIVAL, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. 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. 6925 -81 AN ORDINANCE APPROPRIATING $144,000.00 FROM THE GENERAL FUND, FOR STREET MAINTENANCE AND REPAIR TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE DEPARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING JUNE 8 1981 ORDINANCE NO. 6926 -81 AN ORDINANCE APPROPRIATING $10,000.00 FROM THE FEDERAL AS- SISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR ALTERNATIVE FUEL CONVERSION TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE VEHICLE MAINTENANCE DEPARTMENT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 886 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING ALL ORGANIZATIONS AND CONCERNED CITIZENS IN THEIR CONTINUING EFFORT TO SEE THAT THE SOUTH BEND COMMUNITY SCHOOL CORPORATION WEIGH THE BEST INTERESTS OF THE ENTIRE COMMUNITY WHEN CONSIDERING SUCCESSFUL AND PEACEFUL INTEGRATION PLANS. WHEREAS, the Common Council recognizes that for the past several months many concerned citizens and organizations have participated in voicing their opinions on the proposed intergration plans for the South Bend Community Schools; and WHEREAS, the Council recognizes that this issue has created a great deal of concern and discussion in attempting to achieve quality integrated schools which are in the best interest of our children; and WHEREAS, the Council commends the hundreds of parents, students, organizations such as the Clay Quality Education, Inc., and the N.A.A.C.P. in particpating in these processes to insure that their voices are heard by the South Bend Community School Corporation. 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 hundreds of parents, students, teachers and organizations such as the Clay Quality Education, Inc., and the N.A.A.C.P. voicing their views and opinions to the South Bend Community School Corporation on the proposed integration plans. SECTION II. The Common Council hopes that all of these concerned citizens and groups will continue to work to see that the best interets of our entire community are considered when peacefully implementing the plan. 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 Member of the Common Council Walter M. Szymkowiak Beverlie J. Beck A public hearing was held on the resolution at this time. Council Member Beck in- dicated this resolution was commending all the people who worked so hard to get a successful integration plan. Kathrine Brookins, 701 W. LaSalle, commended the Coun- cil for coming through with this resolution. She indicated what the school corp- oration is implementing is not an integration plan, but a reorganization plan. Kester King, 19370 Dresdon Dr., spoke against the school corporation and forced busing. Joan Sporleder, 205 W. Cripe, thanked the Council for considering the resolution. Council Member Serge made a motion to adopt the resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE BOARD OF PUBLIC WORKS TO NEGOTIATE THE SALE OF A CITY -OWNED LOT LOCATED AT 208 CHAPIN STREET. A public hearing was held on the resolution at this time. Joseph Kernan, City Con- troller, indicated this resolution would permit the Board of Works to sell the lot tc Mr. Inman. He indicated that in caucus it was brought out that the Council was not going to pass the resolution and possibly reopen it to the bid process. The Board of Works did receive a written request from Mr. Inman in February of last year to pur- chase this lot. The Board does not have on file any other requests to purchase this particular piece of property. He indicated that the Board advertised the sale of this lot and solicited bids on two different occasions. He indicated that no bids were received and Mr. Inman was contacted that the lot would be available. He in- dicated that the lot was appraised at $1,160 and Mr. Inman made an offer of $700. This bid was accepted pending Council approval. He indicated that Mr. Inman had followed all procedures to this point, and by forcing him to submit to a bid process would give unfair advantage to any other indivudal who wanted to bid. Michael Jurek, who owns a service station at 202 S. Chapin, indicated this property is adjacent to his property. He indicated he had called the Board of Works about two years ago to try and purchase this property. He indicated that at that time he was told there was no property on the east side of Chapin for sale, due to the fact that the City is considering widening Chapin by twelve feet. He indicated that if Chapin is widened 111. 3 REGULAR MEETING JUNE 8, 1981 he will not be able to continue his business without this property. Council Member Voorde indicated that Mr. Inman had followed procedures, however, two other people in the area, Mr. Jurek, and Charles Anderson, have either in person or by phone inquired about the property and were told it was not being sold. Council Member Voorde made a motion to defeat this resolution and have the Board rebid the property, seconded by Council Member Dombrowski. The motion carried. RESOLUTION NO. 887 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE DELETION OF RADIO EQUIPMENT FOR $45,625.00 FROM THE POLICE DEPARTMENT WITHIN THE GENERAL FUND. WHEREAS, the Common Council of the City of South Bend, Indiana, passed the 1981 budget appropriating money for the funds included; and WHEREAS, the Police Department budget within the General Fund was over the amount appropriated to that fund by $45,625.00, and since the amount cannot be ex- pended. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $45,625.00 be deleted from the Police Department budget within the General Fund as set forth below: ACCOUNT 724.0 DESCRIPTION Radio Equipment AMOUNT $45,625.00 SECTION II. This resolution shall be in full force and effect from and after its passage by the Common Council and its approval the Mayor. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Joseph Kernan, City Con- troller, indicated that the General Fund budget is in balance, however, $45,625 in the Police Department radio equipment line item was mistakenly left in the final computer printout of the budget. He indicated this reduction would bring the City into technical compliance with the State Tax Commissioners. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 53 -81 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) (DUNHAM STREET.) This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading June 22, seconded by Council Member Taylor. The motion carried. BILL NO. 54 -81 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OF- FICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT FOR THE PERIOD FROM JULY 1, 1981 TO JUNE 30, 1982. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading June 22, and refer it to the the Personnel & Finance Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 55 -81 A BILL APPROPRIATING $466,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR STREET MAINTENANCE AND REPAIR TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE BUREAU OF STREETS WITHIN THE MOTOR VEHICLE HIGHWAY FUND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 22, seconded by Council Member Crone. The motion carried. BILL NO. 56 -81 A BILL APPROPRIATING $110,000.00 FROM THE WATER WORKS DE- PRECIATION FUND FOR INSTALLATION OF AN INTERCEPTOR WELL SYSTEM IN THE LOCATION OF THE OLIVE STREET WELL FIELD AND APPROVING THE AWARD OF A CONTRACT FOR SAID INSTALLATION BETWEEN THE BOARD OF WATER WORKS COMMISSIONERS AND PEERLESS - MIDWEST, INC. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 22, seconded by Council Member Dombrowski. The motion carried. 144 REGULAR MEETING JUNE 8, 1981 BILL NO. 57 -81 A BILL APPROPRIATING $60,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 7905, LINCOLNWAY EAST AND TWY- CKENHAM DRIVE INTERSECTION IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 22, seconded by Council Member Dombrowski. The motion carried. BILL NO. 58 -81 A BILL APPPROPRIATING $55,000.00 FROM THE SELF - INSURANCE FUND FOR THE PAYMENT OF INSURANCE CLAIMS TO BE ADMINISTERED BY THE SELF - INSURANCE DEPARTMENT. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading June 22, seconded by Council Member Dombrowski. The motion carried. BILL NO. 59 -81 A BILL APPROPRIATING $25,000.00 FROM THE PARKING GARAGES FUND TO THE 260.0 ACCOUNT OF THE PARKING GARAGES BUDGET WITHIN THE PARKING GARAGES FUND. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading June 22, seconded by Council Member Dombrowski. The motion carried. BILL NO. 60 -81 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) (1441 NORTHSIDE BLVD.) This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. PRIVILEGE OF THE FLOOR The following is in response to what was considered racial slurs, made by Council Member Dombrowski, against the black community. Melvan Martin, president of the NAACP, read several letters that had been sent to Councilman Dombrowski. She asked him to resign. Dr. Roland Chamblee, president of the Black American Coalition, indicated he had a petition signed by 3,000 people who are disturbed about Councilman Dombrowski's remarks. He also asked him to resign. Rev. Dave Davis, president of the Interdenominational Minsterial Alliance, asked Councilman Dombrowski to give deeper consideration to his remarks. Charles Martin, 208 Burbank, indicated that Councilman Dombrowski should apologize. Mike Dombrowski, 317 N. Myrtle, indicated he would rather see a dog be sent into a building than a police officer. Rev. George Stewart, AME Zion Church, indicated that Councilman Dombrowski should resign. Abdue Suluki, 431 Dundee, indicated Councilman Dombrowski should resign. E1 Amin Selsuddin, 521 S. Jackson, asked for an apology. Eugene Love, Eastmont Dr., asked for an apology. Floyd Carter, 1619 Fassnacht, indicated that an apology should be given. Council Member Taylor read a verbatim of Councilman Dombrowski's remarks at the last Council meeting. He indicated he disassociated himself with the entire remark. Tony Scott, 214 N. Sadie, spoke against Councilman Dombrowski's remarks. He indicated that it took a special kind of black man to be a police officer. Pat Smith, 813 O'Brien, spoke against Councilman Dombrowski's re- marks. UNFINISHED BUSINESS Reports from Area Plan: Bill No. 33 -81 - 605 Portage; Bill No. 34 -81 - Town Tower; Bill No. 37 -81 - Kens- ington Farms. Council Member Beck made a motion to set these bills for public hear- ing and second reading June 22, 1981, seconded by Council Member Taylor. The motion carried. There being no further business to come before the Council, unfinished or new, Coun- cil Member Beck made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 8:fi5 p.m. ATTEST: Clerk