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HomeMy WebLinkAbout09-14-81 Council Meeting MinutesREGULAR MEETING SEPTEMBER 14, 1981 Be it remembered that the Common Council of the City of South Bend met in the Council i! Chambers of the County -City Building on Monday, September 14, 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, and McGann Absent: Council Member Voorde SPECIAL BUSINESS Council Member Dombrowski made a motion to move the sale of City -owned property from New Business to Special Business, seconded by Council Member Taylor. The motion carried. Sale of City -owned property: 112 E. Ohio, 117 Birdsell, 238 E. Paris, 1220 -1224 W.Colfax, 213 S. Illinois. Joseph Kernan, City Controller, indicated the Board of Public Works had received requests from citizens concerning the purchase of City - owned lots. Council Member Szymkowiak made a motion to concur with the Board of Public Works' resolution to sell these lots, seconded by Council Member Beck. The motion carried. REGULAR MEETING SEPTEMBER 14-, 1981 REPORTS Council Member Beck read the Residential Neighborhood Committee report on Bill No. 75 -81, concerning bicycle licensing. 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, September 14, at 7:06 p.m., with eight members present. Chair- man protem Serge presiding. BILL NO. 75 -81 A BILL AMENDING CHAPTER 20, ARTICLE 4, OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "BICYCLES ". Council Member Beck made a motion to table this bill, and send it back to the Residential Neighborhood Committee, seconded by Council member Dombrowski. The motion carried. BILL NO. 83 -81 A BILL APPROPRIATING $40,200.00 FOR CAPITAL EQUIPMENT AND REPAIRS WITHIN THE- GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA.: Now is 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 was the amended version of Ordinance No. 6948 -81, which was passed by July 27, 1981. He indicated that the bill was not advertised, and in order to comply with statutory requirements it has to be heard again. He indicated this bill had been properly advertised. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Zielinski. The motion carried. BILL NO. 84 -81 A BILL AMENDING THE SALARY ORDINANCE FOR FIREFIGHTERS FOR THE CALENDAR YEAR 1981. Now is 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 will would provide for $250 per year to firefighters having been certified as EMTs. He indiated this was not reflected in the salary ordinance, however, it is in the budget. Randy Magdalinskj 1206 E. Ewing, a local firefighters, explained that the EMT program was very helpful to the firefighters. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. There being no further business to come Member Dombrowski made a motion to rise Member Zielinski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED before the Committee of the Whole, Council and report to the Council, seconded by Council ATTEST: Be. it remembered 'that Ithe Common Council. of the City_ of 'South Bend, reconvened in the Council Chambers on the fourth floor of the'County -City Building at 7 :11. Council President McGann presiding and nine members present. BILLS, SECOND READING ORDINANCE-NO--6959-81 A'BILL APPROPRIATING $40,200.00 FOR CAPITAL EQUIPMENT'AND REPAIRS WITHIN THE GENERAL: FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill 11 had second reading. Council Member Serge made a motion to bass this bill, seconded by Council Member Szymkowiak.. The bill passed by- .:a.roll call vote of eight-ayes. ORDINANCE N0: 6960 -81 A BILL AMENDING THE SALARY ORDINANCE FOR FIREFIGHTERS FOR THE CALENDAR YEAR 1981. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Zielinski. The bill passed by a roll call vote of nine ayes. 1/ REGULAR MEETING SEPTEMBER 14, 1981 RESOLUTIONS RESOLUTION AN INDUCEMENT RESOLUTION RELATING TO THE HABLIN COMPANY, INC. PROJECT. Council Member Taylor made a motion to table this resolution, seconded by Council Member Zielinski. The motion carried. RESOLUTION NO. 909 -81 A JOINT RESOLUTION OF THE MAYOR AND THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE JOINING IN A PETITION AND APPEAL TO THE STATE BOARD OF TAX COMMISSIONERS OF THE STATE OF INDIANA FOR RELIEF FROM LEVY LIMITATIONSFOR THE 1981 PAYABLE 1982 TAX LEVIES FOR THE CITY OF SOUTH BEND, INDIANA. WHEREAS, pursuant to Indiana Code 6- 3.5 -1 -12 et seq., the maximum tax levy for 1981 payable in 1982, for the City of South Bend has been frozen at 104.980 of their 1980 - payable in 1981 levy; and WHEREAS, pursuant to the terms of Indiana Code 6- 3.5 -1 -12 et seq., an appeal for relief from such frozen levy may be pursued by a municipal corporation so as to fund certain governmental functions specified therein; and, WHEREAS, the Mayor and the South Bend Common Council have joined in the adoption of an appeal from such frozen levy for the purpose of funding certain expenses which are a part of the operation of the municipal government of the City of South Bend, Indiana, which requirements have been caused, required or mandated by the expansion of services to areas incorporated into the municipal boundaries of the City of South Bend, Indiana; and, WHEREAS, such an appeal seeks an increase in the maximum levy in the total amount of $1,407,929.45; and, WHEREAS, it is the opinion of the Mayor and the Common Council of the City of South Bend that such an appeal is necessary and in the best interests of the citizens of the City of South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED, THAT THE MAYOR AND THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, do hereby petition and appeal to the State Board of Tax Commissioners of the State of Indiana for relief from levy limitations pursuant to Indiana Code 6- 3.5 -1 -12 et seq., as applied to the 1981 payable 1982 tax levies for the City of South Bend, Indiana; such appeal shall be for the purpose of funding certain expenses which are a part of the operations of the municipal government of the City of South Bend, Indiana; which have been caused by the expansion of services to areaq_incorporated into the boundaries of the City of Suth Bend, Indiana, and shall seek relief from the frozen levy in the amount of $1,407,929.45 for the tax year 1981 payable 1982. IT IS HEREBY FURTHER RESOLVED, THAT THE MAYOR AND THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, do hereby join in this petitioning resolution to the State Board of Tax Commissioners of the State of Indiana, that without the requested emergency financial relief for which the City of Suth Bend petitions, it will be unable to carry out, in its insuring budget year, the governmental functions and responsibilities committed to it by law. APPROVED THIS 14 DAY OF SEPTEMBER 1981 BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. /s/ Joseph T. Serge /s/ Richard C. Dombrowski /s/ Beverly D. Crone /s/ Walter M. Szymkowiak /s/ Richard C. Zielinski /s /Beverly J. Beck /s/ Lewis A. McGann /s/ Robert G. Taylor THIS RESOLUTION APPROVED AND SIGNED BY ME THIS 15 DAY OF SEPTEMBER 1981 ATTEST: /s/ Joseph E. Kernan /s /Roger 0. Parent City Controller Mayor A public hearing was held on the resolution at this time. Joseph Kernan, City Controller, was the next step required by the State Board of Tax commissiners in the appeal process for relief from the frozen levy. He indicated they were appealing $1,407,929.45. Jane Swan, 1706 S. Walnut, asked the amount of the City tax rate. Mr. Kernan indicated the proposed tax rate is $5.25, which includes the amount of the tax appeal. 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 eight ayes. I4 REGULAR MEETING SEPTEMBER 14, 1981 BILLS, FIRST READING BILL NO. 85 -81 A BILL APPROVING THE FORM AND TERMS OF INDENTURE OF TRUST AND LOAN AGREEMENT, INDUSTRIAL DEVELOPMENT REVENUE BONDS, NOTE, REAL ESTATE MORTGAGE AND GUARANTY AND AUTHORIZING THE EXECUTION OF INDENTURE OF TRUST, LOAN AGREEMENT AND INDUSTRIAL DEVELOPMENT REVENUE BONDS AND APPROVING RESOLUTION NO. 11 -81 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND THE FILING OF A STATEMENT PURSUANT TO THE INTERNAL REVENUE CODE RELATING TO THE SCHAFER GEAR WORKS, INC. PROJECT. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading September 28, seconded by Council Member Crone. The motion carried. BILL NO. 86 -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) (807 E. JEFFERSON BLVD.) This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Zielinski. The motion carried. BILL NO.87 -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) (1501 ELWOOD.) This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council member Crone. The motion carried. ORDINANCE NO. 6961 -81 AN ORDINANCE TRANSFERRING $10,718.83 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE CITY CLERK'S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. Council Member Taylor made a motion to suspend the rules and have public hearing and second r'eading on this bill, seconded by Council Member Beck. The motion carried on a roll call vote of eight ayes. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Irene Gammon, City Clerk, made the presentation for the bill. She indicated this transfer was necessary in order to pay for a copy machine and the service contract, as well as purchase a new recorder. Council Member Serge made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of eight ayes. BILL NO. 89 -81 A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 6881 -81 AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY IN ORDER TO PROVIDE FUNDS FOR VARIOUS PURPOSES. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading September 28, seconded by Council Member Taylor. The motion carried. BILL NO. 90 -81 A BILL APPROPRIATING $15,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 813, CLYDE CREEK DRAINAGE STRUCTURE REPAIR, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading September 14, seconded by Council Member Crone. The motion carried. BILL NO. 91 -81 A BILL APPROPRIATING $71,158.00 FROM THE INDIANA STATE DEPARTMENT OF COMMERCE FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF ECONOMIC DEVELOPMENT GRANTS PROGRAM, FOR THE PROGRAM YEAR BEGINNING OCTOBER 1, 1981 AND ENDING SEPTEMBER 30, 1982, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND REDEVELOPMENT. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading September 28, seconded by Council Member Dombrowski. The motion carried. BILL NO. 92 -81 A BILL APPROPRIATING $58,095.00 FROM THE LOCAL EQUAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading September 28, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING SEPTEMBER 14, 1981 UNFINISHED BUSINESS Council Member Crone made a motion to set Bill No. 82 -81, historic landmark for 1005 W. Washington, for public hearing and second reading, September 14, seconded by Council Member Taylor. The motion carried. NEW BUSINESS Council `Member Taylor indicated he was concerned about the accident that occurred in Michigan involving two police officers. He indicated that one of the officers has served as an undercover agent. He indicated this was a pretty dirty job, involving drugs, etc. He indicated that some of these officers have severe psychological problems. He indicated he was not making any recommendations, however, such service should be taken'into consideration in this case. Council Member Szymkowiak indicated that the School Corporation was considering moving the vocational school from Central to Brown School. He indicated that Central has everything needed for a vocational school and it was centrally located. He indicated that the taxpayers should not have to be burdened with this additional expense for a move that is not needed. 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 Taylor. The motion carried and the meeting was adjourned at 7:28 p.m`. ATTEST: City Clerk APPROVED: M President