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