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HomeMy WebLinkAbout08-08-83 Council Meeting Minutes.6-ea REGULAR MEETING AUGUST 8, 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, August 8, 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 Taylor, Zielinski, Crone, Harris, Voorde and Beck Absent: Council Member McGann 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 July 25, 1983, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Beverlie J. Beck Isl Beverly D. Crone Council Member Serge made a motion that the minutes of the July 25, 1983, meeting of the Council be accepted and placed on file, seconded by Council Member Zielinski. The motion carried. SPECIAL BUSINESS Council Member Serge made a motion to reappoint David Albert, Ed Baer, and Frank Yeandel, and appoint Joseph Bellina, to the Energy Commission, seconded by Council Member Taylor. The motion carried. REPORTS Council Member Serge indicated that the Personnel and Finance Committee had met on Bill nos. 81 and 82 -83 and recommended them favorable. Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill nos. 42, 43 and 80 -83. He indicated Bill No. 42 -83 would be continued until August 22; Bill No. 43 -83 did not receive a favorable recommendation; and Bill No. 80 -83 received a favorable recommendation. Kathy Barnard, Director of the Department of Code Enforcement, gave the following report: I have asked for some time at this Council meeting to talk about the Bridgit McGuire bar building permit situation. Both and Mayor and I and the neighbors have been very concerned about the expansion of the Bridgit bar and the building permit which allowed the expansion. A mistake was made in the issuance of the building permit for the expansion of Bridgit's bar. According to the Municipal Code, the building permit should not have been issued. The Building Commissioner has admitted his mistake in issuing the permit. He is very sorry about this mistake and he has resigned from the Building Commissioner position today. I too am very sorry about this mistake and I can certainly understand the strong feelings of the neighbors about this matter. The building Commissioner or his designee have the sole authority for issuing building permits. To keep matters going, I have asked Mr. Paul Roelke, Assistant Building Commissioner to be the Acting Building Commissioner for a short time. The Board of Public Works will confirm this action at the next Board meeting. The question I face now is how can this situation be corrected. I would like to see the addition demolished. However, the city's authority to mandate tearing down the addition is not completely clear. Even if the city had the clear authority to force tearing down the addition, the city might be liable for some heavy costs. Even so, I would prefer to have the building addition down and I will continue working toward that goal. There is still the problem of the parking which I am not yet satisfied has been completel resolved. I am still looking into the parking situation and will not grant an occupancy permit until all parking questions have been answered. The issuance of the building permit is an error which has led to a very legally complex and difficult situation. At this point, I am not sure that we can get back to the situation which existed prior to the addition. I am concerned about the neighborhoods and residences of our city, but its in the nature of errors that they sometimes lead to results which are extremely difficult to correct. REGULAR MEETING AUGUST 8, 1983 Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Zielinski. 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 August 8, 1983, at 7:04 p.m., with nine members present. Chairman Zielinski presiding. BILL NO. 42 -83 A BILL AMENDING ORDINANCE NO. 4990 -68, AS KNOWN AS THE ZONING ORDINANCE OF THE CITY INDIANA (CHAPTER 21, MUNICIPAL CODE) (ST. CENTER.) AMENDED, COMMONLY OF SOUTH BEND, JOSEPH'S MEDICAL Council Member Taylor made a motion to continue public hearing on this bill until August 22, 1983, seconded by Council Member Serge. The motion carried. BILL NO. 43 -83 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) (3231 MCKINLEY.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. David Behr, from Area Plan, made the presentation for the bill. He indicated there was a substitute bill filed with the City Clerk. Council Member Voorde made a motion to accept the substitute bill, seconded by Council Member Crone. The motion carried. Mr. Behr indicated the petitioner was seeking to rezone this property from A residential to B residential. He indicated the Area Plan Commission had given this an unfavorable recommendation due to the fact that this property is part of a residential neighborhood. Richard Heyde, 3404 Corby and Ann Puzzello, 1247 E. LaSalle, spoke against this rezoning. Council Member Taylor made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Serge. The motion carried. BILL NO., 80 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MAIN STREET FROM THE SOUTH RIGHT -OF -WAY LINE OF BARTLETT EXTENDED SOUTH TO THE NORTH RIGHT -OF -WAY LINE OF NAVARRE STREET EXTENDED FOR A DISTANCE OF 584 FEET PLUS OR MINUS, ALL BEING IN REYNOLDS ADDITION, BARTLETTS 1ST AND THE ORIGINAL PLAT OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Stephen Ummel, hospital president, made the presentation for the bill. He indicated they planned to build a three -story addition that will house the emergency room, expanded perinatal and cancer radiation treatment facilities. Carl Ellison, Director of Planning, indicated this was a 15 million dollar project. He showed the Council sketches of the proposed addition. Marty Kleva, a representative of Cole and Associates, indicated they had completed an impact study of the closing of Main Street. He indicated all utilities can be relocated without interruption of service. He indicated that traffic on Michigan and Navarre is flowing as designed. He indicated that Bartlett and Main are local streets that service mainly the hospital. Wayne Doolittle, 407 LaMonte Terrace, spoke in favor of this street vacation. Kathryn Brookins, 701 W. LaSalle; Tim Brennan, 312 W. Navarre; and Mildred Westfall, 1240 W. Main, spoke against this street vacation. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. Council Member Crone made a motion to amend the bill by changing Section 5 to a new Section 61 Section 5 to read "This ordinance shall be subject to the conditions set forth of the South Bend Board of Works dated August 1, 1983 based on Bartlett Street being widen, signalization at Michigan Street and the hospital providing sufficient parking spaces to meet Code specifications. The cost of said improvements would be borne by the petitioner." Council Member Taylor withdrew his motion. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Szymkowiak. The motion carried. Council Member Taylor made a motion to combine public hearing on Bill No. 81 and 82- 83, seconded by Council Member Beck. The motion carried. BILL NO. 81 -83 A BILL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY IN ORDER TO PROVIDE FUNDS FOR PAYMENT OF JUDGMENTS AGAINST THE CITY. BILL NO. 82 -83 A BILL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF ONE HUNDRED FIFTY -FIVE THOUSAND DOLLARS ($155,000.00) FOR PAYMENT OF JUDGMENTS AGAINST THE CITY. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Joseph Kernan, City Controller, made the presentation for the bills. He indicated Bill No. 81 -83 would authorize the issuance and sale of a judgment finding bond in the amount of $155,000 for the purpose of paying two judgments previously rendered against the City. He indicated the City has no other funds available to pay these judgments. He indicated Bill No. 82 -83 would appropriate the funds from the bond to pay the two judgments. Council Member Beck made a motion to recommend Bill No. 81 -83 to the Council favorable, seconded by Council Member Serge. The motion carried. Council Member Beck made a motion to recommend Bill No. 82 -83 to the Council favorable, seconded by Council Member Serge. The motion carried. .�15_O F REGULAR MEETING AUGUST 8, 1983. Council Member Taylor made a motion to rise and report to the Council and recess, seconded by Council Member Crone. The motion carried and the meeting was recessed at 8:18 P.M. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: AC�h®r=ma=nZ 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 8:28 p.m. Council President Beck presiding and eight members present. BILLS, SECOND READING BILL NO. 43 -83 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) (3231 MCKINLEY.) Council Member Taylor made a motion to strike this bill, seconded by Council Member Zielinski. The motion carried on a roll call vote of eight ayes. ORDINANCE NO. 7229 -83 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MAIN STREET FROM THE SOUTH RIGHT -OF -WAY LINE OF BARTLETT EXTENDED SOUTH TO THE NORTH RIGHT -OF -WAY LINE OF NAVARRE STREET EXTENDED FOR A DISTANCE OF 584 FEET PLUS OR MINUS, ALL BEING IN REYNOLDS ADDITION, BARTLETTS 1ST AND THE ORIGINAL PLAT OF SOUTH BEND. This bill had second reading. Council Member Taylor made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Szymkowiak. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Zielinski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7230 -83 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY IN ORDER TO PROVIDE FUNDS FOR PAYMENT OF JUDGMENTS AGAINST THE CITY. 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 eight ayes. ORDINANCE NO. 7231 -83 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF ONE HUNDRED FIFTY -FIVE THOUSAND DOLLARS ($155,000.00) FOR PAYMENT OF JUDGMENTS AGAINST THE CITY. 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 eight ayes. BILLS, FIRST READING BILL NO. 83 -83 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, BOND PURCHASE AGREEMENT, SECURITY AGREEMENT, PROJECT LEASE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AN AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE STC RECYCLING, INC. PROJECT. This bill had first reading. Council Member Taylor made a motion to set this bill for-public hearing and second reading August 22, 1983, seconded by Council Member Harris. The motion carried. BILL NO. 84 -83 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) (1406 -1412 SOUTH BEND AVENUE.) This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Zielinski. The motion carried. BILL NO. 85 -83 A BILL ADOPTING I.C. 8 -1.5 -4 AS THE APPLICABLE STATUTORY BASIS FOR THE OPERATION OF THE SOUTH BEND WATER WORKS. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading August 22, 1983, and refer it to the Utilities Committee, seconded by Council Member Zielinski. The motion carried. BILL NO. 86 -83 A BILL REDUCING VARIOUS LINE ITEMS IN ORDINANCE 7094 -82, 1983 BUDGET. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading August 22, 1983, and refer it to the Personnel and Finance Committee, seconded by Council Member Taylor. The motion carried. REGULAR MEETING AUGUST 8, 1983 BILL NO. 87 -83 1.� A BILL APPROVING A CONTRACT BETWEEN MIDLAND ENGINEERING COMPANY AND THE BOARD OF WATER WORKS COMMISSIONERS IN THE AMOUNT OF $36,895.00 FOR THE RECONSTRUCTION OF THE ROOF AT THE NORTH PUMPING STATION. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading August 22, 1983, and refer it to the Utilities Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 88 -83 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 11 1984, AND ENDING DECEMBER 31, 1984, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing August 22, 1983, and refer it to the Personnel and Finance Committee, seconded by Council Member Zielinski. The motion carried. BILL NO. 89 -83 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1984. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing August 22, 1983, and refer it to the Personnel & Finance Committe, seconded by Council Member Taylor. The motion carried. BILL NO. 90 -83 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1984 AND ENDING DECEMBER 31, 1984. INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing August 22, 1983, and refer it to the Personnel & Finance Committtee, seconded by Council Member Zielinski. The motion carried. NEW BUSINESS Council Member Serge made a motion that the August 29th meeting of the Council be set at 4:00 p.m., seconded by Council Member Taylor. The motion carried. PRIVILEGE OF THE FLOOR Arthur Quigley, 1019 N. Francis; Carl Littrell, 1914 Kessler; Harold Rowley, 2609 York Rd; Larry Neff, President of Goodwill; all spoke against the building addition to Bridget McQuire's. Terry Miller, President of the Century Center Board of Managers, read the following statement: Members of the Common Council: I have been before you on two previous occasions, the last time in April, to explain my concerns about the progress of the Studebaker Museum. As you known.the expansion of tourism in our city is important to us all because it represents one of our few growth industries and has significant potential for additional jobs. The Mayor made the decision 18 months ago to move the Studebaker cars into the Freeman - Spicer building. Despite two openings and much publicity we still only have an unfunded used car showroom. The Council should be aware of the crisis that is developing. 1) The staff has proposed a $116,000 budget for 1984 for the Studebaker Museum that is unfunded with no viable plan for where the money will be raised. 2) The Mayor's committee, Studebaker Museum, Inc., has no plan for funding the $450,000 cost of the Freeman - Spicer Building and has not signed the agreement to purchase. 3) Any thought of planning a new $2 -$3 million new building downtown would not make sense on a cost - benefit analysis. 4) There are no plans for development of the Freeman - Spicer Building, no plans for the necessary building improvements, and no plans for interpretive displays. 5) The collection is suffering with no protection from the sun. There is no temperature and humidity control for the wooden vehicles. 6) There is no citizen involvement in the development of this museum. The decision have all been made on the 14th floor with no public hearings. In fact the Council has had no opportunity to review these decisions. This is not the way to create a community museum. REGULAR MEETING AUGUST 8, 1983 7) There is no promotional plan. The number of people going through the museum is only a fraction of what is needed to make this a viable museum. In short, it is time for an open discussion of how to create a viable museum that can be a tourist attraction for the community. A few years ago the opration of Discovery Hall Museum was put under the control of the Century Center Board of Managers. That budget has been submitted tonight. Frankly, I acknowledge that Discovery Hall has not met my expectations nor has it been successful in terms of admissions. We have suffered over the last two years with overlapping control between the Board and the Mayor's office with a resulting lack of leadership. The staff should be praised for what they have accomplished without community support. I don't feel comfortable submitting the budget to you if this lack of accountability is to continue. I propose that in your deliberation of the Discovery Hall budget in which the staff will also serve the Studebaker Museum that you hold a public hearing to determine the proper operational plan for 1984 for both museums. Obviously it would be easier for our Board and the council to simply say that this is the Mayor's problem and ignore the issue. However, the Mayor is not solving the problems and I feel a responsibility to the community as I hope you do that we should take the lead to propose solutions. To end these remarks on a more positive note and show that I have consistently striven to resolve the problem, I want to again propose Central High School as the ultimate museum. 1) Central is immediately available. 2) Central is available for $1 per year. 3) Central has a tenant that pays rent which can support utility and basic needs in the building. 4) Central is in the Historic District and is a number one rated building. 5) Central has community support and will help build citizen involvement. 6) The initial cost of $300,000 to set up the museum would result in a quality exhibit and be less than the $600,000 needed at Freeman- Spicer. I respectfully ask that you give this issue your immediate concern and that we work together to solve this problem that has been neglected for so long. Ron Radecki, 123 S. St. Peter, indicated he supported Terry Miller's statements. He indicated the heat and humidity are destroying wooden artifacts in the collection and that valuable records are being stored unprotected. Joseph Kernan, City Controller, indicated that the Administration was willing to sit down and discuss any problems with the Century Center Board of Managers. There being no further business to come before the Council, unfinished or new, Council Member Serge made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 9:02 p.m. ATTEST: City Clerk ATTEST: s e .s'/ o