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HomeMy WebLinkAbout08-22-83 Council Meeting MinutesREGULAR'MEETING AUGUST 22, 1983 `I 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 22, 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 McGann, Zielinski, Crone, Harris, Voorde and Beck Absent: Council Member Taylor 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 August 8, 1983, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. Isl Beverlie J. Beck Isl Beverly D. Crone Council Member Serge made a motion that the minutes of the August 8, 1983, meeting of the Council be accepted and placed on file, seconded by Council Member Zielinski. The motion carried. SPECIAL BUSINESS Council President Beck announced the reappointment of James Markel to the South Bend Energy Commission, and the appointment of Doug Lane as a citizen member of the Personnel and Finance Committee. Council President Beck announced that a special committee was being formed to do a review of the Studebaker Museum. She indicated that Council Member Zielinski would be chairman, and any one interested in serving on this committee should contact her or Council Member Zielinski by August 28. REPORTS Council = Member Serge indiated that the Personnel and Finance Committee had met on Bill No. 86 -83 it received a favorable recommendation; on Bill No. 88 -83, received a favorable recommendation as it will be amended; Bill No. 89 -83 received a favorable recommendation; and Bill No. 90 -83 received a favorable recommendation as it will be amended. Council Member Szymkowiak indicated that the Utilities Committee had met on Bill No. 85 -83 and recommended it favorable, as amended, and Bill No. 87 -83 and recommended it favorable. 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 22, at 7:03 p.m., with eight members present. Chairman Zielinski presiding. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ken Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated a substitute bill had been filed with the City Clerk. Council Member McGann made a motion to accept the substitute bill, seconded by Council Member Voorde. The motion carried. He indicated this bond issue would be used for the purchase of certain equipment which will be leased to STC, who will be involved in the recovery of metals and other base manufacturing materials from used electrical equipment. STC will initially employ thirty people. Council Member Serge made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Harris. The motion carried. BILL NO. 42 -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) (ST. JOSEPH'S MEDICAL CENTER.) 15 14 REGULAR MEETING AUGUST 22 1983 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, indicated this rezoning petition had received a favorable recommendation from the Area Plan Commission. He indicated the bill had been amended, and the amended version was on file with the City Clerk's office. Council Member McGann made a motion to accept the amended bill on file with the City Clerk, seconded by Council Member Beck. The motion carried. John Ford, attorney for the petitioner, made the presentation for the bill, He indicated the current zoning allowed the hospital to build a 75' addition, however, they need to go up to 871, therefore they were requesting this rezoning. Council Memer McGann made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Serge. The motion carried. BILL NO. 91 -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) (423 NORTH MICHIGAN.) 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 that in October of 1982 the Council passed a rezoning for the Town Tower, however, the bill was amended in Area Plan, and the Council passed the original bill, therefore it was necessary to readvertise and have public hearing on the amended bill. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member McGann. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Craig Hartzer, administrative assistant to the Mayor, made the presentation for the bill. He indicated that as of September 11 1983 a new State law will be effective that allows the municipality to adopt a number of different approaches for the governing Board of the Water Works. He indicated this bill would allow the mayor to appoint citizens who are not City employees to serve on the Board of Water Works. He indicated that because of the excellent job that Michael Vance, Director of Utilities, and the present Board have done by instituting the new computer operations, administrative procedures and handling difficult matters, a citizen Board can now be appointed. Council Member Crone made a motion to amend this bill in Section III, to read "Compensation paid to the directors shall not exceed that paid to the members of the Board of Public Safety. ", seconded by Council Member Szymkowiak. The motion carried. Tom Wolfram, 817 S. Ironwood; Howard Goodhew, 2430 Topsfield; Richard Heyde, 3404 Corby; spoke against this bill. Council Member Serge made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Beck. The motion carried. BILL NO. 86 -83 A BILL REDUCING VARIOUS LINE ITEMS IN ORDINANCE 7094 -82, 1983 BUDGET. This being 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 in order to avoid a deficit balance in the General Fund at the end of 1983, it is necessary to reduce the 1983 budget. He indicated this had been requested by the State Board of Tax Commissioners. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 87 -83 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Michael Vance, Director of Utilities, made the presentation for the bill. He indicated that approval of this bill would allow them to proceed with the reroofing of the North Pumping Station. He indicated the current roof is leaking and has been patched many times in recent years. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. Council Member Beck made a motion to combine public hearing on the next three bills, seconded by Council Member Harris. 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 1, 1984, AND ENDING DECEMBER 31, 1984, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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. REGULAR MEETING AUGUST 22, 1983 BILL NO. 90 -83 ,5- / '_57 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 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. 88 -83 should be amended as follows: Bureau of Weights and Measures, account 110.02 - Salaries and Wages, Regular, change from $8,513.00 to $17,0260; Police Department, account 110.183, Salaries and Wages,. Regular, change from $179,985 to $200,00: Bill No. 90 -83, Bureau of Solid Waste, account 376.0, Uniform Rental, change from $6,000 to $4,000; Water Works Depreciati 416.0, Building Structures and Improvements, change from $621,500 to $326,500: and amend cost center totals to reflect these changes. Council Member Beck made a motion to accept these amendments, seconded by Council Member Serge. The motion carried. Joseph Simeri, attorney for the crossing guards, indicated they still needed a salary ordinance to appropriate the funds for their salaries in the proper manner. Steve McDanial, 601 W. LaSalle and Charles Vorhies, 2521 York Rd., spoke in favor of a proper increase for the crossing guards. Howard Goodhew, 2230 Topsfield Rd.; Terry Miller, 1230 E. Wayne South; Richrd Heyde, 3404 Corby, spoke against the budget. Council Member Beck made a motion to continue these bills, in the Council portion of the meeting, until August 29, at 4:00 p.m., seconded by Council Member Serge. The motion carried. There being no further business to come before the Committee of the Whole, Counciol Member Voorde made a motion to rise and report to the Council and recess, seconded by Council Member Beck. The motion carried and the meeting was recessed at 8:45 p.m. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of Council Chambers on the fourth floor of the President Beck presiding and eight members BILLS, SECOND READING C irman the City of South Bend reconvened in the County -City Building at 8:55 p.m. Council present. ORDINANCE NO. 7232 -83 AN ORDINANCE APPROVING THE FORM AND TERMS OF LOAN AGREEMENTS, SERIES A AND SERIES B NOTES, BOND PURCHASE AGREEMENT, SECURITY AGREEMENTS, PROJECT LEASE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 2 -83 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE STC RECYCLING, INC. PROJECT. This bill had second reading. Council Member McGann made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Zielinski. The motion carried. Council Member McGann 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. 7233 -83 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (ST. JOSEPH'S MEDICAL CENTER.) This bill had second reading. Council Member made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member . The motion carried. Council Member made a motion to pass the bill, as amended, seconded by Council Member. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 72A-83 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (423 NORTH MICHIGAN.) This bill had second reading. Council Member McGann made a motion to pass this bill, seconded by Council Member Zielinski. The bill passed by a roll call vote of eight ayes. ODINANCE NO. 7235 -83 AN ORDINANCE ADOPTING I.C. 8 -1.5 -4 AS THE APPLICABLE STATUTORY BASIS FOR THE OPERATION OF THE SOUTH BEND WATER WORKS. This bill had second reading. Council Member McGann made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Crone. The motion carried. Council Member McGann made a motion to pass the bill, as amended, seconded by Council Member Crone. The bill passed by a roll call vote of eight ayes. F_ REGULAR MEETING AUGUST 22, 1983 ORDINANCE NO. 7236 -83 AN ORDINANCE REDUCING VARIOUS LINE ITEMS IN ORDINANCE 7094- .82, 1983 BUDGET. This bill had second reading. Council Member McGann made a motion to pass this bill, seconded by Council Member Zielinski. The bill passed by a roll call vote of eight ayes.. ORDINANCE NO. 7237 -83 AN ORDINANCE 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 second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. BILLS, FIRST READING ORDINANCE NO. 72 83 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS "ECONOMIC DEVELOPMENT REFUNDING REVENUE BOND, SERIES 1983 (COLUMBIA PLACE ASSOCIATES PROJECT)" AND APPROVING OTHER ACTIONS IN RESPECT THERETO. This bill had first reading. Council Member Harris made a motion to suspend rules and have public hearing and second reading, seconded by Council Member Zielinski. The motion carried on a roll call vote of eight ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kevin Butler, attorney for the petitioner, made the presentat for the bill.= He indicated this was a refunding of a 1981 revenue bond which had constructed a facility in River Glen Office Park, and to further make completions to the project. Council Member McGann made a motion to amend the bill on page 4, first line, by adding 20 %, seconded by Council Memer Zielinski Council Member McGann 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. BILL NO. 93 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY WEST OF EDDY ST. RUNNING SOUTH FROM NAPOLEON BLVD., 212 FEET PLUS OR MINUS TO THAT PORTION OF NORTH -SOUTH ALLEY VACATED BY RESOLUTION 2476 ALL BEING IN SORIN'S 2ND ADDITION TO THE TOWN OF LOWELL IN SOUTH BEND, INDIANA. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading September 12, 1983, and refer it to the Zonign and Vacation Committee, seconded by Council Member Harris. The motion carried. BILL NO. 94 -83 A BILL APPROPRIATING $62,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS824, SOUTH BEND AVENUE SEWER PROJECT, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading September 12, 1983, and refer it to the Utilities Committee, seconded by Council Member Crone. The motion carried. BILL NO. 95 -83 A BILL APPROPRIATING $104,500 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS823, HAWTHORNE DRIVE SANITARY SEWER, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Zielinski made a motion to set this bill for public-hearing and second reading September 12, 1983, and refer it to the Utilities Committee, seconded by Council Member Crone. The motion carried. BILL NO. 96 -83 A BILL APPROPRIATING $68,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 825, DRAINAGE BASIN REPAIR PROJECT, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading September 12, 1983, and refer it to the Utilities Committee, seconded by Council Member Crone. The motion carried. PRIVILEGE OF THE FLOOR Joe Guentert, 1034 Foster, spoke regarding disposal of solid waste. Richard Heyde, 3404 E. Corby, spoke regarding a Council investigation of Bridget McQuires. There being no further business to come before the Council, unfinsihed or new, Council Memer McGann made.a motion to adjourn, seconded by Council Member Harris. The motion carried and the meeting was adjourned at 9 :25 p.m. ATTEST: APPROVED: City Clerk Pf-esident 1