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HomeMy WebLinkAbout09-08-75 Council Meeting Minutes+++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ ++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +A EGULAR MEETING SEPTEMBER 8, 1975 e it remembered that the Common Council of the City of South Bend met in the Council Chambers of he - Count Y Y City Building on Monday, September 8, 1975, at 7:00 p.m., Council President Roger 0. arent presiding. The meeting was called to order and the Pledge to the Flag was given. OLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller,. Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent. ABSENT: None. Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilman Horvath. The motion carried. rnMMTTTPR nP THE WHOLE MEETING e it remembered that the Common Council of the City of South Bend met in the Committee of the hole on Monday, September 8, 1975, at 7:02 p.m., with nine members present. Chairman Odell ewburn presided. REGULAR MEETING SEPTEMBER 8, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $100,000.00 FROM THE SEWAGE WORKS IMPROVEMENT FUND FOR STEP TWO OF THE LABORATORY RENOVATION AND ENLARGEMENT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Michael Vance, Fiscal Officer for the Department of Public Works, made the presentation for the ordinance. He indicated that, in 1974, an appropriation of $72,500 had been approved for Phase I of the laboratory renovation. He indicated that construction was now complete on that phase and the amount expended totalled $59,000. He stated that the next phase concerned the remodeling of the old Bureau of Sanitation structure and the plans for that phase have been completed by the Department of Public Works at no cost. He indicated that the project had been advertised and the apparent low bidder had been Nunemaker Construction Company at a bid of $100,000. Councilman Kopczynski asked if the appropriation of $100,000 would complete the project, and Mr. Vance indicated that it would. Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. The motion carri ORDINANCE 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) - LaSalle, Niles and Madison. There being no one present to make a presentation of the ordinance, Chairman Newburn indicated that the Committee of the Whole would proceed with the next item of business and come back to this matter before reporting to the Council. ORDINANCE AN ORDINANCE PROVIDING FOR THE RECEIVING AND CONVEYING OF A GIFT OF REAL PROPERTY TO THE CIVIL CITY OF SOUTH BEND, INDIANA. There being no one present to make a presentation of the ordinance, Chairman Newburn indicated that the Committee of the Whole would proceed with the next item of business and come back to this matter before reporting to the Council. Mr. James Roemer, City Attorney, indicated that the ordinance concerned a donation of a 50 -foot lot by Harold Medow to the City of South Bend. The Council agreed to move on to the next item on the agenda. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $4,000.00 FROM THE PARKING METER FUND TO ACCOUNT NO. 430.0, "REPAIR PART ", OF THE PARKING METER BUDGET FOR 1975 OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He explained that the ordinance would appropriate $4,000 to cover the costs of purchasing additional parking meter heads and clocks so that the vandalized equipment could be adequately replaced. He stressed that this was not an enlargement of the city's parking meter system. Mrs. Janet Allen, 125 West Marion Street, wondered if the city's insurance covered vandalism to the meters, and Mr. Farrand indicated that it was his understanding that it did not. Mr. James Roemer, City Attorney, indicated that each incident probably fell under the deductible provisions of the insurance policy and, therefore, was not paid for from the insurance. Councilman Miller wondered about the total flexibility on charging for the meters, and Mr. Farrand indicated that the rates could be changed on the meters. Councilman Miller also wondered if the length of time could be changed, and Mr. Farrand indicated that it could be. Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Serge. The motion carried. Chairman Newburn indicated that, since no one had yet appeared to make a presentation for items B and C on the agenda, perhaps the public hearings could be held when the ordinances had second reading. There was a brief discussion on whether or not this should be done. Mrs. Janet Allen, 125 West Marion Street, asked that the Council not delay action on the acceptance of the Medow property as it abutted the park land on Wenger Street. Council President Parent felt the Council could not act on the ordinance until a presentation was made. Mr. James Roemer, City Attorney, indicated that perhaps further consideration should be given to the matter in the event that the city would not want to accept the property and,take it off the tax rolls. Councilman Kopczynski asked that a photograph of the parcel of land be obtained before the Council acted on the ordinance. He also asked for an address of the property. Councilman Nemeth made a motion to continue the ordinance conveying a gift of real property to the City of South Bend _to the September 22, 1975, regular meeting of the Council, seconded by Councilman Kopczynski. The motion carried. Concerning item B on the agenda, the rezoning of LaSalle, Niles and Madison, Councilman Nemeth indicated that this matter involved another Section 8 application for housing for the elderly.. He stated that sufficient material had been submitted to the Council members concerning the matter. He suggested that the Council act on the ordinance in view of that. He made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. Councilman Nemeth then asked Mr. Anthony Molnar, Planner for the Area Plan Commission, to show the audience where the property was located. Mr. Molnar referred to the overhead projector outlining the property in question. Councilman Miller indicated that the Area Plan Commission had recommended the matter favorably to the Council, and he expressed support of the project. There was a call for the question. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Kopczynski made a motion to rise and report to the Council, seconded by Council President Parent. The moti carried. ATTEST: ATTE 4,f2-� /,00", CITY CLERK CHAIRMAN REGULAR MEETING SEPTEMBER 81 1975 IREGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend reconvened in the Council Chambers at 7:15 p.m., Council President Parent presiding and nine members present. IREPORT 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 respectfully report that it has inspected the minutes of the August 25, 1975, regular meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. s/ Roger O. Parent Councilman Kopczynski made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Horvath. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Kopczynski made a motion to waive the reading of'the report of the Committee of the Whole, seconded by Councilman Newburn. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY Mr. Michael Carrington, Director of the Department of Public Safety, introduced Mr. Bert Cichowicz, Manager of the Bureau of Weights and Measures. Mr. Cichowicz briefly explained the operation of his bureau and its importance to the consumer. He indicated that the primary purpose of the Weights and Measures Department was to safeguard the entire public in all matters involving the determination of quantity. This was done by seeing to it that, whatever merchandise was sold or purchased, a just weight and measure was given. He talked about supervision over the phase of misrepresentation. He cited examples of complaints dealing with false and misleading advertising. He indicated that attempts had been made to correct the situations in the various stores in the community. He stated that, when the names of the stores were printed in the South Bend Tribune, the problems had been rectified. Councilman Szymkowiak wondered if the ads appearing in the news- papers were spot checked before complaints were received. Mr. Cichowicz indicated that each com- plaint was checked and, if time permitted, the ads were checked even though there were no complain He indicated that this, however, was a very difficult thing to do because the ads appeared so regularly. Councilman Szymkowiak felt every violator of the law should be publicized and named in an effort to stop the violations. He complimented Mr. Cichowicz on the fine job he was doing. Councilman Kopczynski also commended Mr. Cichowicz for the conscientious job he was doing, and Council President Parent agreed. (ORDINANCES, SECOND READING ORDINANCE NO. 5882 -75 AN ORDINANCE APPROPRIATING THE SUM OF $100,000.00 FROM THE SEWAGE WORKS IMPROVEMENT FUND FOR STEP TWO OF THE LABORATORY RENOVATION AND ENLARGEMENT. This ordinance had second reading. Councilman Horvath made a motion to pass the ordinance, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5883 -75 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) - LaSalle, Niles and Madison. This ordinance had second reading. Councilman Kopczynski made a motion to pass the ordinance, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE AN ORDINANCE PROVIDING FOR THE RECEIVING AND CONVEYING OF A GIFT OF REAL PROPERTY TO THE CIVIL CITY OF SOUTH BEND, INDIANA. Council President Parent asked Mr. James Seitz, Director of the Department of Public Parks, if he was aware of the matter and could make some sort of a presentation on the matter. Mr. Seitz indicated that he was not prepared to make such a presentation. Councilman Nemeth made a motion to continue the ordinance to the September 22, 1975, meeting of the Council, seconded by Councilman Taylor. The motion carried. ORDINANCE NO. 5884 -75 AN ORDINANCE APPROPRIATING THE SUM OF $4,000.00 FROM THE PARKING METER FUND TO ACCOUNT NO. 430.0, "REPAIR PARTS ", OF THE PARKING METER BUDGET FOR 1975 OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Newburn made a motion to pass the ordinance, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF THE LEASE AGREEMENT AND INDENTURE OF (continued) REGULAR MEETING SEPTEMBER 8, 1975 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE (CONTINUED) TRUST AND INDUSTRIAL DEVELOPMENT REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO ERGO INSTRUMENTS, INC. This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on September 22, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO SIBLEY MACHINE AND FOUNDRY CORPORATION. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on September 22, 1975, seconded by Councilman Miller. 'The motion carried. ORDINANCE AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CREATING A BOARD OF MANAGERS TO BE KNOWN AS THE SOUTH BEND CIVIC CENTER BOARD OF MANAGERS. This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on September 22, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE No, 5885 -75 AN ORDINANCE APPROVING THE FORM AND TERMS OF AN 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 ordinance had first reading. Councilman Miller made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Taylor. The motion carried by a roll call vote o nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). The ordinance then had second reading. Councilman Miller indicated that the ordinance was merely a repeat of the ordinance passed by the Council at its last meeting. He stated that amendments were made to the lease at that time; however, in going back to the Hotel -Motel Tax Board, there was a request for clarification of a couple positions, one being that the city would try to provide additional parking spaces in an adjoining area. He indicated that this intent was expressed in the new lease. He stated that the present ordinance would also repeal the recently passed ordinance. Mrs. Janet Allen, 125 West Marion Street, indicated that the Civic Center Board of Managers had not been appointed as yet. She wondered how an agreement could be made with a board not yet created. Councilman Miller indicated that the key boards were the Hotel -Motel Tax Board and the City of South Bend, and the Civic Center Board of Managers would concur with the lease agreement. He stated that the agreement had to be signed by one party at a time, and he could not understand why there should be any concern about who signed first. Mrs. Allen stated that the Civic Center Board of Managers would have the responsibility of maintaining the building. She felt this was a great responsibility and she wondered what would happen if the board did not agree with all the terms of the already- signed lease. Councilman Miller indicated that the lease agreement had been approved by the Civic Center Building Authority, and he stated that the Board of Managers would probably have the same basic makeup. Mrs. Allen hoped the Board of Managers would be people required by some form of test or regulations to be proficient in the skills of managing a multi- million dollar complex. Councilman Miller made a motion to pass the ordinance, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) and one nay (Councilman Horvath). ORDINANCE AN ORDINANCE APPROPRIATING $5,200.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PARK DEPARTMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for publ hearing and second reading on September 22, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $8,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PARK DEPARTMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for publi hearing and second reading on September 22, 1975, and also refer the ordinance to the Parks Committee, seconded by Councilman Miller. The motion carried. REGULAR MEETING SEPTEMBER 8, 1975 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $85,000.00 BETWEEN VARIOUS ACCOUNTS IN THE BUREAU OF STREETS, ALL ACCOUNTS BEING WITHIN MOTOR VEHICLE HIGHWAY FUND, CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for public hearing and second reading on September 22, 1975, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $5,000.00 BETWEEN VARIOUS ACCOUNTS IN THE BUREAU OF VEHICLE MAINTENANCE, ALL ACCOUNTS BEING WITHIN THE GENERAL FUND, CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for public hearing and second reading on September 22, 1975, seconded by Councilman Miller. The moti carried. ORDINANCE- AN ORDINANCE TRANSFERRING THE SUM OF $9,550.00 BETWEEN VARIOUS ACCOUNTS IN THE CUMULATIVE CAPITAL IMPROVEMENT FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for public hearing and second reading on September 22, 1975, seconded by Councilman Miller. The motion carried. PRIVILEGE OF THE FLOOR Miss Fanny Grunwald, 227 South Frances Street, expressed concern about the closing of the end of the Jefferson Street Bridge from the east side because of the piles of dirt being dumped there as a "result of the excavation of the Century Center. She indicated that a fence also surrounded the area. Mr. Rollin Farrand, Director of the Department of Public Works, indicated that the site being referred to was the Century Center site. He stated that the area had been fenced off becaus of the need for storage of materials and because of construction. He indicated that the piles of dirt constituted a hazard for pedestrians. He felt the area should be fenced off because OSHA would not approve of pedestrians walking through the area. Councilman Nemeth indicated that the city could also be held liable if an accident occurred to any person walking through the site; he stated that, once the building was completed, perhaps access to downtown could be made through the parking lot. He stated that this was something that could be considered once construction was complete. Council President Parent felt some access should be provided. He wondered if this should be recommended to the construction company. He asked the City Clerk to send such a request to the planners for consideration. Councilman Kopczynski requested a plan layout of the entire area once completed, and Mr. Farrand indicated that he had that information available. UNFINISHED BUSINESS Councilman Kopczynski made a motion to strike the petition and ordinance rezoning property at the southwest corner of Lincolnway and Twyckenham, at the request of T.P.M. Partnership (filed in the City Clerk's Office on July 3, 1975), seconded by Councilman Newburn. The motion carried'. NEW BUSINESS Councilman Nemeth made a motion to re- appoint Richmond Calvin as the Council's representative to A.C.T.I.A.N., Inc., seconded by Councilman Taylor. The motion carried. Council President Parent` asked the City Clerk to send Mr. Calvin a letter asking him to come in to be sworn in. Councilman Serge talked about the need of the residents in the area bordered by Portage and Riverside Drive to leave their porch lights on for the remainder of the week until a foot patrol program was started in the area because of a recent rash of burglaries; 30 of which occurred in one week. Council President Parent indicated that the foot patrol program would be concentrated in that area. Councilman Kopczynski indicated that he had a similar area in his district, and he felt something should be done about it. He stated that he had requested some sort of a program to stop the burglaries and nothing had been done on the part of the Police Department. There being no further business to come before the Council, unfinished or new, Councilman Newburn made a motion to adjourn, seconded by Councilman Nemeth. Councilman Szymkowiak indicated that he wished to talk concerning the problem Councilman Serge had brought up. He talked about the problen of patroling in specific areas. He felt that, if the foot patrol program was utilized in Councilme Serge's area, crime would be shifted possibly to his area. The motion to adjourn carried, and the meeting adjourned at 7:54 p.m. ATTEST: APPROVED :--? CITY CLERK PRE +++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + +...*. + + + + + ++ S