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HomeMy WebLinkAbout09-12-83 Council Meeting MinutesREGULAR MEETING SEPTEMBER 12, 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, September 12, 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, Taylor, Zielinski, Crone, Harris, Voorde and Beck 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 August 22 and August 29, meetings of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Beverlie J. Beck Is7 Beverly D. Crone Council Member Serge made a motion that the minutes of the August 22 and 29th, meetings of the Council be accepted and placed on file, seconded by Council Member Ziellinski. The motion carried. REPORTS Council Member Voorde indicated the Zoning and Vacation Committee had met on Bill No. 93 -83 and recommended it favorable. Council Member Szymkowiak indicated that the Utilities Committee had met on Bill nos. 94, 95 and 96 -83 and recommended them favorable. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Crone. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of of the Whole on September 12, at 7:05 p.m., Zielinski presiding. BILL NO. 93 -83 the City of South Bend met in the Committee with nine members present. Chairman 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 LOLL IN SOUTH BEND, INDIANA. This being the time heretofore se for public hearing on the above bill, proponents and opponents we given an opportunity to be heard. Robert Wegs, 1024 E. Napoleon, m e the presentation for the bill. He indicated they wanted this portio of the alley vacated for public nuisance purposes. He indicated hat one -half of the alley was vacated several years ago. Council Memb r McGann made a motion to recommend this bill to the Council favora e, seconded by Council Member Harris. The motion carried. Council Member Taylor made a seconded by Council Member Mi BILL NO. 94 -83 A B BU I: AND BILL NO. 95 -83 BILL NO. 96 -83 motion to combine public hearing on the next three bills, ann. The motion carried. I L APPROPRIATING $62,000.00 FROM THE CUMULATIVE SEWER DING AND SINKING FUND TO PROJECT CS824, SOUTH BEND VUE SEWER PROJECT, WITHIN THE CUMULATIVE SEWER BUILDING SINKING FUND. 4 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. 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 being the time heretofore set for public hearing on the above bills, proponents and opponents wero given an opportunity to be heard. John Leszczynski, Director of 01-/ r REGULAR MEETING SEPTEMBER 12, 1983 Public Works, made the presentation for the bills. He indicated that Bill No. 94 -83 would be used for installation of a sanitary sewer on South Bend Avenue; Bill No. 95- 83 would appropriate money for rebuilding the sanitary sewer on Hawthore Drive; and Bill No. 96 -83 would appropriate funds to be used to clean, grade, and repair the Crest Manor retention basin. Council Member Szymkowiak made a motion to recommend Bill No. 94 -83 to the Council favorable, seconded by Council Member McGann. The motion carried. Council Member Szymkowiak made a motion to recommend Bill No. 95 -83 to the Council favorable, seconded by Council Member McGann. The motion carried. Council Member Szymkowiak made a motion to recommend Bill No. 96 -83 to the Council favorable, seconded by Council Member Taylor. The motion carried. There being no further business to Member Taylor made a motion to rise Member McGann. The motion carried. ATTEST: City Clerk REGUAR MEETING RECONVENED come before the Committee of the Whole, Council and report to the Council, seconded by Council ATTEST: 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 7:13 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7242 -83 AN ORDINANCE 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 second reading. Council Member McGann 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. 7243 -83 AN ORDINANCE 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 second reading. Council Member Szymkowiak 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. 7244 -83 AN ORDINANCE 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 second reading. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member McGann. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7245 -83 AN ORDINANCE 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 second reading. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Serge. The bill passed'by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1084 -83 AN INDUCEMENT RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, RELATING TO THE LOCK JOINT TUBE COMPANY, INC. 1983 PROJECT. WHEREAS, there are insufficient employment opportunities and insufficient diversificati of business, commerce and industry in the City of South Bend, Indiana; and WHEREAS, the economic welfare of the City of South Bend, Indiana, would be benefited and additional job opportunities and commercial diversification would result within the City of South Bend, Indiana, by the approval of a financing agreement which should be effected with Lock Joint Tube Company, Inc. relating to a project to be known as the "Lock Joint Tube Company, Inc. 1983 Project "; and REGULAR MEETING SEPTEMBER 12, 1983 WHEREAS, said Lock Joint Tube Company, Inc. desires to expand its existing facilities and to acquire equipment for use in the manufacturing of steel tubing at its plant located at 1400 Riverside Drive, South Bend, Indiana 46616, which expansion and equipment will constitute economic development facilities; and WHEREAS, the South Bend Economic Development Commission has heretofore received, investigated, studied, and approved an application of Lock Joint Tube Company, Inc., and Indiana corporation, relating to such Lock Joint Tube Company, Inc. 1983 Project in order that Industrial Development Bonds may be issued to acquire such economic development facialities in an amount not exceeding One Million Two Hundred fifty Thousand Dollars ($1,250,000.00) payable with interest thereon at a rate which does not exceed the prime rate recognized by South Bend Indiana, financial institutions adjusted on a periodic basis with the principal and interest on such Bonds being paid on a periodic basis over a period of not exceeding twelve (12) years after the issuance thereof. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. That the expansion of existing facilities and acquisition of the equipment relating to such Lock Joint Tube Company, Inc. 1983 Project constitutes economic development facilities which should be financed by the City of South Bend, Indiana, through the issuance of Industrial Develpment Bonds pursuant to the provisions of Indiana Code Section 36- 7 -12 =; et seq., hereinafter referred to as the "Act," which Bonds will not be general obligation Bonds of the City of South Bend, Indiana, but will be payable solely from the sources authorized and permitted by the Act. 2. That it is hereby determined that the issuance of such Industrial Development Bonds to pay a portion of the costs for the expansion of existing facilties and acquisition of equipment relating to such Lock Joint Tube company, Inc. 1983 Project is determined to be in the best interests of the City of South Bend, Indiana, and the Common Council of South Bend, Indiana hereby declares its intention to issue such Industrial Development Bonds and hereby approves the application relating to such Lock Joint Tube.company, Inc. Project. 3. That it is hereby determined that to such Lock Joint Tube Company, Inc. 1983 welfare of the City of South Bend, Indiana, provisions of the Act. the economic development facilities relating Project will be of benefit to the economic and will comply with the purposes and 4. That this Bond issue will not have adverse competitive effects as the nearest competitor to Lock Joint Tube Company, Inc. is located in Ohio. 5. That the South Bend Economic Development Commission be and it hereby is authorized and directed to pursue the completion of such Lock Joint Tube Company, Inc. 1983 Project as referred to in said application of Lock Joint Tube Company, Inc. and as approved by this Inducement Resolution. 6. That the liability and obligation be limited solely to the good faith efforts Inc. 1983 Project, and the issuance of such Bend, Indiana, nor its officers or agents, virtue of the issuance of any such Bonds. of the City of South Bend, Indiana, shall to consummate such Lock Joint Tube company, bonds, and neither the City of South shall incur any personal liability by /s/ Joseph T.Serge Member of the Common Council A public hearing was held on the resolution at this time. Ernest Szarwark, attorney for the petitioners, indicated they were planning to expand their existing facilities and to purchase new cutting machine equipment. He indicated with the expansion, they hoped to employ between twelve to twenty new employees. Council Member Serge 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. 1085 -83 A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE PRESIDENT OF THE BOARD OF PARK COMMISSIONERS TO SUBMIT A GRANT APPLICATION TO THE INDIANA DEPARTMENT OF NATURAL RESOURCES FOR LAND AND WATER CONSERVATION FUNDS. WHEREAS, Land and Water Conservation Funds are available through the Indiana Department of Natural Resources to be used to help finance land acquisition and park development through the State of Indiana and, WHEREAS, the South Bend, Indiana Board of Park Commissioners have been left funds in the will of the late Arthur A. Fredrickson to be used to construct a park in the City of South Bend to be known as Fredrickson Park, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: Section I. The President of the Board of Park Commissioners has the authority to file a grant application with the Indiana Department of Natural Resources for Land ae��b REGULAR MEETING SEPTEMBER 12, 1983 and Water Conservation Funds which will be used to help purchase land and the development of Fredrickson Park. Section II. This resolution shall be in full force and effect afterits passage 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. James Seitz, Superintendent of Parks, indicated they were rEquesting approval to submit a grant application to the Indiana Department of Natural Resources to participate in the Land and Water Conservation program. He indicated the South Bend Board of Park Commissioners was recently left a sum of money in the will of the late Aruthur A. Fredrickson with the condition that said funds be used to construct a park in the City of South Bend to be known as Fredrickson Park. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Harris. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1086 -83 A RESOLUTION AUTHORIZING THE SOUTH BEND POLICE DEPARTMENT TO APPLY TO THE DIVISION OF TRAFFIC SAFETY OF THE INDIANA DEPARTMENT OF HIGHWAYS FOR MATCHING FUNDS FOR EQUIPMENT FOR ACCIDENT INVESTIGATIONS. The South Bend Police Department is the applicant agency from the City of South Bend for an application for a highway safety project grant from the Division of Traffic Safety of the Indiana Department of Highways. Matching funds are sought for equipment needed for accident investigations by the South Bend Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND COMMON COUNCIL, as follows: SECTION I. The South Bend Police Department is authorized to be the applicant agency from the City of South Bend to apply for a highway safety project grant from the Division of Traffic Safety of the Indiana Department of Highways, in an amount of One Thousand Three Hundred Eighty Dollars ($1,380.00) in matching funds for equipment for accident investigations by the South Bend Police Department. SECTION II. In the event of the awarding of such grant, any such funds would be appropriated through the normal appropriation process of the Common Council prior to expenditure. SECTION III. This resolution shall be in full force and effect from and after its passage by the Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council Council Member McGann made a motion to combine public hearing on resolutions C and D on the Agenda, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 1087 -83 A RESOLUTION AUTHORIZING THE SOUTH BEND POLICE DEPARTMENT TO APPLY FOR A HIGHWAY SAFETY PROJECT GRANT FROM THE DIVISION OF TRAFFIC SAFETY OF THE INDIANA DEPARTMENT OF HIGHWAYS TO FUND OFFICERS TRAFFIC PATROL TIME. The South Bend Police Department is the applicant agent from the City of South Bend for an application for a highway safety project grant from the Division of Traffic Safety of the Indiana Department of Highways. Matching funds are sought for continuation of the South Bend Police Department's program of enforcement of traffic laws with the purpose of reducing alcohol reated traffic accidents. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND COMMON COUNCIL, as follows: SECTION I. The South Bend Police Department is authorized to be the applicant agency from the City of South Bend to apply for a highway safety project grant from the Division of Traffic Safety of the Indiana Department of Highways, in the amount of Twenty Thousand ($20,000.00) Dollars in matching funds for payment of officer traffic patrol time to be used in the South Bend Police Department's program to help alleviate the drinking driver problem. SECTION III. This resolution shall be in full force and effect from and after its passage by the Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolutions at this time. Lt. Larry Blume, from the Traffic Safety Depatment, indicated that resolution 9C was to apply for a grant for equipment to conduct thorough accident investigations, and resolution 9D would be REGULAR MEETINGE?TE1B .R 12, 1983 used to apply for problem. Council by Council Member ayes. Council Me; by Council Member ayes. a grant to fund traffic patrol time Member Serge made a motion to adopt McGann. The resolution was adopted mber McGann made a motion to adopt R, Taylor. The resolution was adopted BILLS, FIRST READING BILL NO. 97 -83 s a� to alleviate the drinking driver Resolution No. 1086 -83, seconded by a roll call vote of nine asolution No. 1087 -83, seconded by a roll call vote of nine A BILLL AMENDING ORDINANCE NO. 7225 -83 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1984, BY THE INCLUSION OF SPECIFIC SALARY AMOUNTS FOR THE CROSSING GUARDS. This bill had first reading. Council Member Harris made a motion to set this bill for public hearing and second reading September 26, 1983, seconded by Council Member Crone. The motion carried. BILL NO. 98 -83 A BILL TO VACATE THE FOLLOWING PROPERTY: THE FIRST ALLEY EAST OF EDDY STREET RUNNING SOUTH FROM JEFFERSON BOULEVARD TO WAYNE STREET, NORTH BETWEEN LOTS 5 AND 6 AND LOTS,88 AND 89 FOR A DISTANCE OF 335 FEET MORE OR LESS BEING IN SUNNYMEDE 1ST EDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member McGann made a motion to set this bill for public hearing and second reading September 26, 1983, and refer it to the Zoning and Vacation Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 99 -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) (BENDIX DRIVE.) This bill had first reading. Council Member Serge made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carrie.d BILL NO. 100 -83 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 ARTICLE 2 -3 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, LIMITING THE TERM OF THE COUNCIL PRESIDENT. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading September 26, 1983, seconded by Council Member Harris. The motion carried. BILL NO. 101 -83 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2 -10 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF THE ZONING AND VACATIONS COMMITTEE AS A STANDING COMMITTEE. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading September 26, 1983, and refer it to the Rules Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 102 -83 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 10, SECTION 21 -170 ENTITLED PERMITTED SIGNS BY DISTRICTS. This bill had first reading. Council Member Zielinski made a motion to refer this bill to Area Plan, seconded by Council Member Crone. The motion carried. BILL NO. 103 -83 A BILL AUTHORIZING THE ASSIGNMENT OF THE INTERESTS OF W &B REALTY, AN INDIANA PARTNERSHIP UNDER THE $175,000 CITY OF SOUTH BEND, INDIANA, ECONOMIC DEVELOPMENT REVENUE BOND (W &B REALTY) TO JANICE FAYE CORSON. This bill had first reading. Council Member McGann made a motion to set this bill for public hearing and second reading September 26, seconded by Council Member Zielinski. The motion carried. BILL NO. 104 -83 A BILL APPROVING THE SALE OF A PORTION OF VOORDE PARK DECLARED TO BE EXCESS PARK PROPERTY NOT SET ASIDE BY STATE OR CITY LAW FOR PUBLIC PURPOSES. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading September 26, 1983, and refer it to the Parks Committee, seconded by Council Member Zielinski. The motion carried. BILL NO. 105 -83 A BILL APPROPRIATING $15,000 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS THE GENERAL REVENUE SHARING TRUST FUND FOR REFURNISHING THE EAST SECTOR POLICE SUBSTATION. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading September 26, 1983, seconded by Council Member Harris. The motion carried. REGULAR MEETING SEPTEMBER 12, 1983 BILL NO. 106 -83 A BILL APPROPRIATING $73,478.00 FROM THE LOCAL EQUAL EMPLOYMENT AND EQUAL HOUSING 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 Crone made a motion to set this bill for public hearing and second reading September 26, 1983, seconded by Council Member Harris. The motion carried. BILL NO. 107 -83 A BILL TRANSFERRING $720.00 BETWEEN VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE EQUAL EMPLOYMENT OPPORTUNITY FUND OF THE HUMAN RIGHTS COMMISSION. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading September 26, 1983, seconded by Council Member Zielinski. The motion carried. BILL NO. 108 -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) (5200 W. LINDEN.) This bill had first reading. Council Member Zielinski made a motion refer this bill to Area Plan, seconded by Council Member Crone. The motion carried. NEW BUSINESS Council Member Serge indicated that the Whitney Young Academy had been moved into Brown School, and-the students are harrassing the neighborhood. He asked the Council attorney to write to the school administration regarding this problem. PRIVILEGE OF THE FLOOR Fred Rice, 717 S. Kentucky, thanked Councilman Serge for initiating the rezoning in order that the school bus garage will not be located on Bendix Drive. There being no further business to come before the Council, unfinished or new, Council Member McGann made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 7:37 p.m. ATTEST: City Clerk APPROVED: President ' "-R