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HomeMy WebLinkAbout02-14-83 Council Meeting MinutesZ. REGULAR MEETING FEBRUARY 14, 1983 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 14, 1983, 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, Harris, 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 January 24, 1983, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Beverlie J. Beck s/ Beverly D. Crone Council Member Beck made a motion that the minutes of the January 24, 1983, meeting of the Council be accepted and placed on file, seconded by Council Member Voorde. The motion carried. SPECIAL BUSINESS Council Member Taylor made a motion to reappoint Council Member Beck to the Century Center Board of Managers, seconded by Council Member Serge. The motion carried. Council Member Taylor made a motion to reappoint Council Member Serge as a Member of the Council of the Area Plan Commission, seconded by Council Member Zielinski. The motion carried. REPORTS Council Member Serge indicated that the Personnel & Finance had met regarding Bill Nos. 9 -83, 10 -83, and Resolutions 9B & 9C, and recommended all four favorable. Council Member Taylor indicated that the Human Resources & Economic Development Committee had met regarding Resolution A (tax abatement for South Bend Forge) and recommended it favorable. Council Member Voorde indicated that the Zoning and Vacations Committee had met on February 4, 1983, and Bill #3 -83 received a favorable recommendation. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Serge. 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 February 14, 1983, at 7:05 p.m., with nine members present. Chairman Zielinski presiding. BILL NO. 3 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PART OF THE EAST WEST ALLEY FROM THE EAST RACE TO NILES AVENUE. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ann Kolata, Deputy Director of Redevelopment, made the presentation for the bill. She indicated that the purpose of the vacation of the real property is to facilitate construction and development of the East Race. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. BILL NO. 7 -83 A BILL AMENDING CHAPTERS 9 AND 21 OF THE SOUTH BEND MUNICIPAL CODE. Council Member Taylor made a motion to continue public hearing on this bill until a report comes back from Area Plan, seconded by Council Member Serge. The motion carried. BILL NO. 8 -83 A BILL ESTABLISHING A SECURITY AND INTELLIGENCE ACCOUNT WITHIN THE CONTROLLER'S BUDGET OF THE 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 that the ordinance was necessary to expend monies for the purposes of security and intelligence equipment necessary for 440) REGULAR MEETING FEBRUARY 14, 1983 the safe operation of city government, and create an account within the budget of the general fund. Council Member McGann made a motion to amend the ordinance to omit the words "and Intelligence throughout the bill, seconded by Council Member Taylor. The motion carried. Irene Mutzl, 320 Parkovash deplored the necessity of the ordinance, but supported it so long as a blank check was not given. Council Member Taylor made a motion to recommend this bill, as amended, to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 9 -83 A BILL AMENDING ORDINANCE NO. 7080 FIXING THE MAXIMUM SALARY FOR A POSITION WITHIN HUMAN RIGHTS. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Johnson, Director of Human Rights, made the presentation for the bill. He indicated that monies had been appropriat( through the Department of Housing and Urban Development for the Human Rights Commission to crate a new position entitled "Housing Specialist ", and to be added to the salary ordinance. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 10 -83 A BILL APPROVING THE FORM AND TERMS OF AN AMENDED AGREEMENT OF OPERATIONS BETWEEN ST. JOSEPH COUNTY HOTEL -MOTEL TAX BOARD OF MANAGERS AND SOUTH BEND CIVIC CENTER BOARD OF MANAGERS AND CITY OF SOUTH BEND AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO THE SOUTH BEND CIVIC CENTER. 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 that this bill would permit the state to enter into an amended agreement with the Hotel -Motel Tax Board and the Century Center Board of Managers as it relates to the Century Center. Mr. Brian Hedman, Director of Century Center, spoke in favor of this bill. He indicated that the lease is one that runs twenty five years of which the first $150,000 of collections that the Hotel - Motel Tax Board collects county -wide goes toward the Century Center. Under the new lease, the next $150,000 can be used for promotions, conventions, and a visitors bureau. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. BILL NO. 12 -83 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 17, SECTION 2 -205 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY REFERRED TO AS FEES CHARGED FOR LEGAL ADVERTISEMENTS. 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 this bill. She indicated that the purpose of this bill was to raise the fees charged for alley vacations, voluntary annexations, zonings, and tax abatements, to pay advertising costs. Council Member Voorde made a motion that the bill be amended to read "Vacation of Public Ways" rather than alley vacations, seconded by Council Member Serge. The motion carried. Council Member Serge made a motion to recommend this bill, as amended, to the council favorable, seconded by Council Member Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Beck. The motion carried. 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 7 :20 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7163 -83 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PART OF THE EAST -WEST ALLEY FROM THE EAST RACE TO NILES AVENUE. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7164 -83 AN ORDINANCE ESTABLISHING A SECURITY ACCOUNT WITHIN THE CONTROLLER'S BUDGET OF THE GENERAL FUND This bill had second reading. Council Member Taylor made a motion that this bill be amended as it was in the Committee of the Whole, seconded by Council Member Zielinski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Zielinski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7165 -83 AN ORDINANCE AMENDING ORDINANCE NO. 7080 FIXING THE MAXIMUM SALARY FOR A POSITION WITHIN HUMAN RIGHTS REGULAR MEETING FEBRUARY 14, 1983 This bill had second reading. Council Member Taylor 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. 7166 -83 AN ORDINANCE APPROVING THE FORM AND TERMS OF AN AMENDED AGREEMENT OF OPERATIONS BETWEEN ST. JOSEPH COUNTY HOTEL- MOTEL TAX BOARD OF MANAGERS AND SOUTH BEND CIVIC CENTER BOARD OF MANAGERS AND CITY OF SOUTH BEND AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO THE SOUTH BEND CIVIC CENTER This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. ORDINANCE N0, 7167 -83 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 17, SECTION 2 -205 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY REFERRD TO AS FEES CHARGED FOR LEGAL ADVERTISEMENTS This bill had second reading. Council Member Taylor made a motion that this bill be amended as it was in the Committee of the Whole, seconded by Council Member McGann. The motion carried. Council Member Taylor made a motion that this bill be passed, as amended, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1026 -83 111.1 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING 2930 FOUNDATION DRIVE, SOUTH BEND, INDIANA, AN URBAN DEVELOPMENT AREA FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION. WHEREAS, a petition for Personal Property Tax abatement consideration has been filed with the Common Council of the City of South Bend pursuant to Section 2 -76 of the Municipal Code for the tangible personal property to be located at 2930 Foundation Drive, South Bend, Indiana, 46628. WHEREAS, the legal description of the facility in which the tangible personal property is to be located, is more particularly described by a line drawn as follows: wit: The following described real estate in St. Joseph County, State of Indiana, to Part of the North Half of Section 28, Township 38 North, Range 2 East, Second Principal Meridian, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at the East Quarter corner of said Section 28; thence South 89 degrees 58'45" West along the South line of the Northeast Quarter of Section 28, 2314.41 feet; thence North 0 degrees 00147" East 120.00 feet to the North boundary of Boland Drive, also being the point of beginning; thence North 89 degrees 58156" West along said North bounday 447.83 feet; thence North 45 degrees 00'09" West 14.14 feet to the East boundary of Foundation Drive; thence North 0 degrees 00'47" East along said East boundary 747.96 feet; thence North 89 degrees 44'14" East 458.26 feet; thence South 0 degrees 01'41" West 759.90 feet to the point of beginning, containing 7.979 acres more or less. WHEREAS, the Redevelopment Commission has conducted an investigation pursuant to Section 2 -77 of the Municipal Code and prepared a report determining that there is compliance with the Statutory obsolescence and eligiblity criteria under Indiana Code 6 -1.1- 12.1 -1 et seq. WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Urban Development Area, and that the tangible personal property to be located at such location is entitled to a deduction from the assessed value of the equipment for a period of five years (5) years. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Urban Development Area, and that the tangible personal property to be located at such location is entitled to a deduction from the assessed value of the equipment for a period of five years (5) years. SECTION II. The Common Council hereby adopts a resolution designating this area as an Urban Development Area for purposes of personal property tax abatement. SECTION III. The Common Council directs the City Clerk, upon the receipt of the report of the Area Plan Commission to cause notice of the adoption of this Resolution to be published. Said publication shall provide notice of the public hearing before the Common Council of said declaration. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council J ?2 REGULAR MEETING FEBRUARY 14, 1983 A public hearing was held on the resolution at this time. Mr. Craig Easterday indicated that South Bend Forge was now twenty employees above last year, and would like to request tax abatement to continue expansion of South Bend Forge and the betterment of South Bend. Mrs. Kathryn Brookins of 701 W. LaSalle asked questions about definite numbers of employees. Mr. Easterday responded giving a low of 50 -60 during the Ford downturn to a high of 145 as of February 14. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1027 -83 A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION FOR A GRANT FROM THE INDIANA ARTS COMMISSION TO BE USED FOR A MARKETING SURVEY TO DETERMINE HOW TO MAKE THE BEST POSSIBLE USE OF MORRIS CIVIC AUDITORIUM WHEREAS, the City of South Bend has since 1959, run the Morris Civic Auditorium to bring diverse types of entertainment to downtown South Bend; and WHEREAS, the City of South Bend, acting through the Office of the Mayor, the Common Council, and the Century Center Board of Managers, are attempting to increase attendance at both Century Center and Morris Civic events by coordinating the activities of the two; and the increased use of the Morris Civic Auditorium will result in increased monies for the City of South Bend and will bring more people into downtown South Bend; and WHEREAS, the Mayor is chief executive officer of the City of South Bend and the authorizing official for marketing grant from the Indiana Arts Commission, along with the Century Center Board of Managers; and WHEREAS, the City of South Bend along with the Century.Center Board of Managers would like to study the best ways to increase the attendance at and the use of Morris Civic Auditorium. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Mayor has the authority to submit an application along with the Century Center Board of Managers for a grant of $6,000 from the Indiana Arts Commission for purpose of conducting a marketing study about the uses of the Morris Civic Auditorium. SECTION II. The City Controller's Office shall be the administrative agency for the program, should the funds be awarded. 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/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Thomas Bodnar, Chief Deputy City Attorney, stated there would be no direct cost for South Bend, and mentioned that the Morris Civic Auditorium is an important step in rebuilding downtown; brings new industries into the community, brings more people into downtown, and more ticket sales are occurring. Patrick Martin, Director, Morris Civic spoke in favor of the bill saying it would give local support for renovation of the auditorium and broader uses of the Morris Civic. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1028 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE 103RD INDIANA GENERAL ASSEMBLY TO AMEND THE INN - KEEPER TAX OF ST. JOSEPH COUNTY BY ADOPTING HOUSE BILL 1516. WHEREAS, the expanding convention and tourism activity in the South Bend area imports more than thirty -seven (37) million dollars into the community's economy; and WHEREAS, the five percent (5 %) St. Joseph County Hotel -Motel Tax generates approximat $500,000 to $600,000 annually, and makes possible the financing of the Century Center and its convention facilities, and also provides essential revenue to allow the community to conduct an aggressive convention and tourism marketing programs; and WHEREAS, the present state law requires hotels and motels to submit to the State quarterly remittances of the designated taxes which in turn creates fiscal and budgeting problems for our community by the unpredictable timing of the tax revenue being distribu back to the County; and WHEREAS, the Common Council of the City of South Bend believes that House Bill 1516 would correct this problem by requiring hotel -motel tax monies to be submitted to the St. Joseph County Treasurer instead of the State Revenue Department, and charges the Treasurer with the responsibility of its administration. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: ply 4 ?1 REGULAR MEETING FEBRUARY 14, 1983 SECTION I. The Common Council of the Civil City of South Bend, Indiana, urges the 103rd Indiana General Assembly to amend the current inn - keeper tax procedure of St. Joseph County by adopting House Bill 1516. SECTION II. The Common Council believes that H.B. 1516 would eliminate administrati cost at the State level by requiring the hotel -motel tax to be submitted to the St. Joseph County Treasurer instead of the State Revenue Department, and would correct the fiscal and budgeting problems for our community which are associated with this tax by having the County Treasurer be responsible for its administration. SECTION IV. The Common Council authorizes the City Clerk to send a certified copy of this Resolution upon its adoption to the Ways and Means Committee of the State House of Representatives. SECTION V. This Resolution shall be in full force, and effect, from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverly Crone Member of the Common Council A public hearing was held on the resolution at this time. Council Member Crone read the resolution. Joseph Kernan and Brian Hedman spoke in favor of this resolution and House Bill 1516. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 13 -83 A BILL VACATING THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY WEST OF OLIVE STREET RUNNING BETWEEN POLAND AND DUNHAM EXCEPTING THE 14' EAST -WEST RIGHT -OF -WAY FOR A DISTANCE OF 260' ALL BEING IN SUMMIT PLACE 3RD ADDITION TO THE CITY OF SOUTH BEND This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading February 28, 1983, and refer it to the Zoning and Vacations Committee, seconded by Council Member Serge. The motion carried. BILL NO. 14 -83 FIRST READING ON A BILL TRANSFERRING $22,503 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading February 28, 1983, and refer it to the Human Resources and Economic Development Committee, seconded by Council Member Zielinski. The motion carried. NEW BUSINESS Council Member Serge was concerned about having fire hydrants installed and the safety of the citizens in the Riverside Place, in the event of a fire. Mr. John Leszczynski, City Engineer, mentioned that the hydrants are located so that there would be no difficulty in protecting the citizens in the event of a fire. PRIVILEGE OF THE FLOOR Irene Mutzl, 320 Parkovash, indicated that the Rules of the Council should be changed because concerned citizens could not speak in front of the Council on any particular subject unless it was for or against. Council Member Beck mentioned that the Rules & Regulations Committee would research this and mentioned that a question could be raised any time on any item on the agenda. Carl Yoder, 1822 Sherman Avenue, indicated his concern about the safety of citizens and firemen entering Riverside Place in the event of a fire, since there were no fire hydrants. Mr. John Leszczynski, City Engineer, mentioned that although the fire hydrants were of some distance from the citizens' homes,they would be able to cover these homes in the event of a fire, because the City has pumpers and tanks. Kathryn Brookins, 701 W. LaSalle spoke on the "Fredrickson House" being made into a public park. She was particularly concerned about the future of the house itself and the land surrounding the house. Council Member McGann mentioned that the Parks & Recreation Committee would meet to discuss this matter, and that a notice would be sent to her. Jack Detzler, 50575 Bristol Street, also spoke explaining the location of the house, the assessed value, and its contents. Richard Hill, City Attorney, explained briefly the terms of the will and the feelings of the Park Department. Beverly Crone expressed the desire that the council Park Committee be kept abreast of the matter. Michael McFarland, 1730 O'Brien, spoke in relation to the self- insurance health program. Council.Member Beck mentioned that perhaps the Personnel & Finance Committee could meet and discuss his survey. There being no further business to come before the Council, Member McGann made a motion to adjourn, seconded by Council carried and the meeting was adjourned at 8:38 p.m. ATTEST: APPROVED: unfinished or new, Council Member Taylor. The motion I — // n