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HomeMy WebLinkAbout02-22-82 Council Meeting MinutesREGULAR MEETING FEBRUARY 22, 1982 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 22, 1982, at 7:00 p.m. The ii meeting was called to order and the Pledge to the Flag was given. I ROLL CALL Present: Council Members Serge, Szymkowiak Beck, Taylor, Zielinski, Crone, Dombrowski, Voorde and McGann Absent: None i 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 February 8, 1982, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. jj /s/ Lewis A. McGann Council Member Serge made a motion that the minutes of the February 8, 1982, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. SPECIAL BUSINESS Council Member Dombrowski made a motion to appoint Anna Shipley to the Older Adults Council, seconded by Council Member Serge. The motion carried. � cT' REGULAR MEETING FEBRUARY 22, 1982 Council Member Dombrowski made a motion to cancel the March 8, meeting and reschedule it to March 15, in order to have public hearing on the Park Bond, and have one meet- ing in April, April 26, seconded by Council Member Serge. The motion carried. REPORTS Council Member Crone indicated that the Personnel and Finance Committee had met on Bill nos. 13, 15, and 16 -82 and recommended them favorable. She indicated they had reviewed Bill No. 18 -82 and they did not feel these two funds should be combined. She indicated a substitute bill had been filed with the City Clerk. Council Member Dombrowski indicated that the Older Adults Committee had met on Bill No. 17 -82, and recommended it favorable. Mayor Parent and Kathy Bernard, Director of Neighborhood Code Enforcement, gave Neighbor Code Enforcement's annual report. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Voorde. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Commit- tee of the Whole on Monday, February 22, at 7:16 p.m., with nine members present. Chairman Voorde presiding. BILL NO. 11 -82 A BILL AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 20, ARTICLE 7 ENTITLED SNOW ROUTES. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Eugenia Schwartz, Assistant City Attorney, made the presentation for the bill. She indicated this bill would reduce reduce the penalty for violating the snow route ordinance from $50 to $25. Irene Mutzl, 320 Parkovash, spoke against the reduction of the fine. Jane Swan, 1706 S. Walnut, indicated it would be very unfair to reduce this to a $25 fine at this time. Council Member Dombrowski made a motion to table this bill, seconded by Council Member Zielinski. The motion carried. Council Member Dombrowski indicated that a committee was being formed to study snow removal problems. BILL NO. 12 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 5, SECTION 4 -51, COM- MONLY KNOWN AS SCRAP METAL DEALERS, JUNK DEALERS, RECYCLING OPERATIONS, AND TRANSFER STATIONS. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Dombrowski made the presentation for the bill. He indicated that presently the Board of Works has un- limited power to adopt rules and regulations without giving notice or copies of such rules. He indicated this bill would require two week written notice be given to the City Clerk, Council Members, Fire Prevention Bureau and the Neighborhood Code En- forcement office. He indicated this bill would prohibit the Board of Works from enacting a rule or regulation which broadens the intent of the ordinance. He made a motion to amend the bill in paragraph (1), first sentence remove "will be discussed" and add "may be adopted. ", seconded by Council Member McGann. The motion carried. Council Member McGann made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 13 -82 A BILL APPROPRIATING $808,549.00 FROM THE WATER WORKS GEN- ERAL FUND TO THE FOLLOWING LINE ITEMS: 318 COMPUTER CHARGES, $4,145.00; 342 INSURANCE, $185,000.00; 351 ELECTRIC, $352,000.00; 394.2 GROSS INCOME TAX, $50,000.00; 394.4 REIMBURSEMENT TO CORP. GENERAL FUND, $217,404.00; ALL ITEMS BEING WITHIN THE BUREAU OF WATER WORKS BUDGET WITHIN THE WATER WORKS GENERAL FUND. 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 bill would restore various accounts within the Water Works General Fund. He indicated that the State Board of Tax Commissioners reduced the budget because of the deficit that was project for December 31, 1982. He indicated they are projecting that the deficit will be less because of the new rate increase and the Ashland settlement. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. BILL NO. 14 -82 A BILL SETTING $1,500.00 AS THE AMOUNT TO BE PAID FOR FUNERAL BENEFITS FROM THE 1925 POLICE PENSION FUND. 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 bill would increase funeral benefits to $1,500. He indicated passage of the bill was necessary due to State law. Council member Dombrowski made a motion to recommend this bill to the Council favor- able, seconded by Council Member Serge. The motion carried. REGULAR MEETING FEBRUARY 22 F .. BILL NO. 15 -82 A BILL APPROPRIATING $75,666.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR OTHER MATERIALS. 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 bill would restore the Other Materials account to the level approved by the Council. He indicated that State Board did not take into consideration the revenue that would be raised from the South Bend Community School Corporation and St. Joseph County. He indicated these revenues will be available, therefore, they were asking that the Council restore the Cumula- tive Capital Improvement Fund to its original amount. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 16 -82 A BILL TRANSFERRING $1,472.47 FROM THE REDEVELOPMENT DIS- TRICT CAPITAL FUND '72 TO THE URBAN DEVELOPMENT BOND REDEMP- TION FUND FOR THE PURPOSE OF MEETING RETIREMENT AND INTEREST OBLIGATIONS ON THE DISTRICT CAPITAL BONDS OF '72. 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 bill proposes to transfer $1,472.47 from the Redevelopment District Capital Fund '72 to the urban Redevelopment Bond Redemption Fund in order to meeting the current interest obligations. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 17 -82 A BILL APPROPRIATING $25,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE OPERATION OF THE HOWARD PARK SENIOR CITIZENS CENTER FOR 1982 TO BE ADMINISTERED BY THE PARK DEPARTMENT 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. James Seitz, Superintendent of Parks, made the presentation for the bill. He indicated that the Mayor and the Park Board are committed to th continued operation of the Center, and this $25,000 ap- propriation would make that possible. Council Member Serge made a motion to rcommend this bull to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 18 -82 A BILL COMBINING THE PARKING METER FUND WITH THE PARKING GARAGE FUND. 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. Council Member Taylor made a motion to consider the substitute bill filed with the City Clerk, seconded by Council Member Crone. The motion carried. Mr. Kernan indicated that the substitute bill no longer asks for the elimination of the Parking Meter Fund. He indicated this bill transfers $120,447 from the Parking Meter Fund to the Parking Garage Fund. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 19 -82 A BILL ANNEXING TO AND BRINGING WITHIN THE BOUNDARIES OF THE CITY OF SOUTH BEND, INDIANA, CERTAIN REAL ESTATE LOCATED IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Robert Parker, Deputy City Attorney, made the presentation for the bill. He indicated this property consists of 26 acres at the -- northeast corner of Ironwood and Inwood rds. He indicated that at the present time Topsfield Terrace retirement homes is half in the City and half in the County. He indicated that the time of initial construction of the facility Brethren Care had agreed to request voluntary annexation to the City after the structure was completed and occupied. He indicated the bill should be amended on the second page, second line by changing Ironwood to Inwood. Council Member Taylor made a motion to amend the bill, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to recommend the bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. There being no further business to come Member Dombrowski made a motion to rise cil Member Taylor. The motion carried. ATTEST: Cityy Clerk before the Committee of The Whole, Council and report to the Council, seconded by Coun- ATTEST: Q!irm n REGULAR MEETING FEBRUARY 22, 1982 REGULAR MEETING RECONVENED 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 8:06 p.m. Coun- cil President McGann presiding and nine members present. BILL. SECOND READING ORDINANCE NO. 7027 -82 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 5, SECTION 4 -51, COMMONLY KNOWN AS SCRAP METAL DEALERS, JUNK DEALERS, RECYCL- ING OPERATIONS, AND TRANSFER STATIONS. 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 Dombrow- ski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7028 -82 AN ORDINANCE APPROPRIATING $808,549.00 FROM THE WATER WORKS GENERAL FUND TO THE FOLLOWING LINE ITEMS: 318 COMPUTER CHARGES, $4,145.00; 342 INSURANCE, $185,000.00; 351 ELECTRIC, $352,000.00; 394.2 GROSS INCOME TAX, $50,000.00; 394.4 REIMBURSEMENT TO CORP. GENERAL FUND, $217,404.00; ALL ITEMS BEING WITHIN THE BUREAU OF WATER WORKS BUDGET WITHIN THE WATER WORKS GENERAL FUND. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Crone. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7029 -82 AN ORDINANCE SETTING $1,500.00 AS THE AMOUNT TO BE PAID FOR FUNERAL BENEFITS FROM THE 1925 POLICE PENSION 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. 7030 -82 AN ORDINANCE APPROPRIATING $75,666.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR OTHER MATERIALS. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Crone. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7031 -82 AN ORDINANCE TRANSFERRING $1,472.47 FROM THE REDEVELOPMENT DISTRICT CAPITAL FUND 172 TO THE URBAN DEVELOPMENT BOND REDEMPTION FUND FOR THE PURPOSE OF MEETING RETIREMENT AND INTEREST OBLIGATIONS ON THE DISTRICT CAPITAL BONDS OF 172. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zielinski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7032 -82 AN ORDINANCE APPROPRIATING $25,000.00 FROM THE FEDERAL AS- SISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHAR- ING FOR THE OPERATION OF THE HOWARD PARK SENIOR CITIZENS CENTER FOR 1982 TO BE ADMINISTERED BY THE PARK DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Beck 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. 7033 -82 AN ORDINANCE TRANSFERRING $120,447.00 FROM THE PARKING METER FUND TO THE PARKING GARAGE FUND. This bill had second reading. Council Member Beck 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 Beck made a motion to pass this bill, as amended, seconded by Council Member Crone. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7034 -82 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE BOUNDARIES OF THE CITY OF SOUTH BEND, INDIANA, CERTAIN REAL ESTATE LOCATED IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Beck 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 Beck made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. pr- REGULAR MEETING FEBRUARY 22 1982 RESOLUTIONS RESOLUTION NO. 946 -82 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOL- UTION DESIGNATING CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 606 E. BRONSON TO BE AN URBAN DE- VELOPMENT AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT AND A DETERMINATION OF THE PUBLIC UTILITY AND BENEFIT OF THE PROJECT PROPOSED FOR TAX ABATEMENT CONSIDERATION. WHEREAS, the Common Council of South Bend has adopted a Declaratory Resolution designating certain areas within the City as Urban Development Areas for purposes of tax abatement consideration; and WHEREAS, a Declaratory Resolution designating the area commonly known as 606 East Bronson and more particularly described by a line drawn as follows: Lot 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, and 90 in Rushes fourth addition to the City of South Bend, Indiana, as found in plat book (4) four, page (54) fifty -four: also lots 147,148, 139, 140, in Edward H. Rushes first addition to the City of South Bend, Indiana, as found in plat book seven, page (8) eight. Set plat books found in the office of Saint Joseph Cunty recorder South Bend, Indiana: Described more specifically as follows: The commencing point being at North West Corner of Lot (75) seventy -five in said Rushes fourth addition Thence South 00 -04' East 419 -9 feet to South West corner of lot 148 in said Edward H. Rushes first addi- tions Thence South 890 -49' East 254 -1 foot to South East corner of lot 140 in said Edward H. Rushes first addition: Thence North 00 -03' West 419 -9 feet to North East corner of lot 83 in said Edward H. Rushes fourth addition: Thence North 890 -49' West 254.2 feet to the point commencing. Except all North, South, East, and West alleys between said lots. Subjects to all assessments of records. an Urban Development Area; and WHEREAS, the Area Plan Commission has submitted to the Council its written order approving for the Declaratory Resolution to the Council; and WHEREAS, notice of the adoption of a Declaratory Resolution and public.hearing for the purposes of hearing persons in favor of the proposed project and those remos- trators who were opposed to the proposed project; and WHEREAS, the Council has determined the public utility and benefit of the pro- ject. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Urban Development Area for purposes of tax abatement consideration and confirm its determination of the project's public utility and benefit. 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. John Voorde indicated this was a reaffirmation of a Declaratory resolution passed in January by the Council to declare this area an Urban Development Area. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Crone. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 20 -82 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) (416 HOWARD ST.) This bill had first reading. Council Member Crone made a motion to refer this bill to Area Plan, seconded by Council Member Zielinski. The motion carried. BILL NO. 21 -82 A BILL ESTABLISHING AN ARSON PROTECTION FUND. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading, March 15, 1982, and refer it to the Public Safety Committee, seconded by Council Member Taylor. The motion carried. -- - ------- - - - - -- PRIVILEGE OF THE FLOOR Mike Waite, 1236 Vassar, spoke regarding waste in city government. UNFINISHED BUSINESS Council Member Beck made a motion to set bill nos. 4 -82 and 9 -82 for public hearing and second reading March 15, seconded by Council Member Dombrowski. The motion car- ried. There being no further business to come before the Council unfinished or new, Council Member Beck made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 8:24 p.m. ATTEST: n City Clerk APPRO D: President - SPECIAL MEETING FEBRUARY 2.6-- 1 °D''-