Loading...
HomeMy WebLinkAbout01-23-78 Council Meeting MinutesREGULAR MEETING JANUARY 23, 1978 REGULAR MEETING 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, January 23, 1978, at 7:00 p.m. Council President Parent presiding. The meeting was called to order, and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent 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 respectfully re- port that it has inspected the minutes of the January 12, 1978 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger Parent Council Member Serge made a motion that the minutes of the January 12, 1977, meeting of the Council be placed on file, seconded by Council Member Dombrowski. The motion carried. Mr. Donald Rawson, President of the Board of Directors of the Alcoholism Council introduced Ms. Theresa Kline and Father Wilson from the Alcoholism Council. Both Mr. Rawson and Ms. Kline gave a short presentation on the work of the Council and how they have spent the Revenue Sharing moneys allotted to them. They showed a film entitled "Test Track: which was produced from Revenue Sharing moneys. Council Member Adams made a motion to resolve into the Committee of the Whole, seconded by Counci Member Taylor. 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 Monday, January 23, 1978, at 7:37 pm., with nine members present. Chairman Frank Horvath presiding. BILL NO. 201 -77 A BILL APPROPRIATING $45,240.00 FROM THE EQUAL EMPLOY- MENT 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Virginia Chism, Director of Human Rights, made the presentation for the bill. She said this appropriation would allow thelocal commission to handle the investigation of cases on behalf of EEOC. She asked that an amendment be made to the bill by adding line item 725.0 in the amount of $700 for office quipment, and reducing line item 721, Furniture and Fixtures, by $700 to $1,050. Council Member Miller made a motion to amend the bill, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to recommend this bill to the Council favorabke, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 209 -77 A BILL APPROPRIATING $100,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR THE CONTINUATION OF URBAN RENEWAL, ACTIVITIES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COM- MUNITY DEVELOPMENT AND THE DEPARTMENT OF REDEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Carl Ellison, Director of Human Resources, made the presentation forthe bill. He said this appropriation was for miscellaneous project cost associat( with the continuation of Urban Renewal Project R -66. Council Member Miller made a motion to re- commend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 210 -77 A BILL APPROPRIATING $4,049.00 FROM THE JUNK VEHICLE FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR VARIOUS ENVIRON- MENTAL PROGRAMS TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He said this money would cover part of the salary of an environmental inspector whose duties include the tagging and regulation of abandoned vehicles. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Miller. Council Member Adams asked the balance in the fund. Mr. Mullen indicated this will use about one -half of the fund. Council Member Kopczynski asked that a report be instituted on the condi- tion of junk vehicles when they are towed. The motion carried. REGULAR MEETING JANUARY 23, 1978 COMMITTEE OF THE WHOLE (CONTINUED BILL NO. 1 -78 A BILL AMENDING ARTICLE 8 OF CHAPTER 21 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS THE SUBDIVISION ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BY ADDING A PROVISION RELATIVE TO FLOOD PLAIN REGULATIONS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Rick Cary, of ARea Plan, made the presentation for the bill. Council.Member Miller made a mtoion to consider Bill No. 2 -78 at the same time as Bill No. 1 -78, seconded by Council Member Adams. The motion carried. BILL NO. 2 -78 A BILL AMENDING AND SUPPLEMENTING ARTICLES 1, 2 3AND 6, OF CHAPTER 21, OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, BY ADDING A PROVISION RELATIVE TO FLOOD PLAIN REGULATIONS. Mr. Cary said that the Flood Insurance Program was established by the Federal Government in 1968. He said federally subsidized insurance will be made available to people in those flood plain area He asked that BILL No. 2 -78 be amended on the third page, paragraph (1), second line by removing the word "fringe." Council Member Miller made a motion.to amend the bill, seconded by Council Member Taylor. The motion carried. Council President Parent made a motion to recommend Bill No. 1 -78 to the Council favorable, seconded by Council Member Dombrowski. The:motian� carried. Council Member Miller made a motion to recommend Bill No. 2 -78, as amended, to the Council favora seconded by Council Member Dombrowski. The motion carried. BILL NO. 3 -78 A BILL APPROVING THE LEASE OF CITY PROPERTY TO INTERMODAL SERVICES CO., INC. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. John Stancati, Director of Utilities, made the pre- sentation for the bill. He said this was a lease for property that was under the control of the South Bend Water Works and Intermodal. He said this property is the Chippewa pumping station. He indicated this was a renegotiation of their lease, which is for five years. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 5 -78 A BILL APPROPRIATING THE SUM OF $11,964.89 FROM THE CUMULA- TIVE SEWER BUILDING AND SINKING FUND TO THE GENERAL IMPROVE- MENT FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He said this appropriation was for the City's share of part of the Crest Manor Sanitary Sewer Project. Council Member Szymkowiak made a motion to recommend this bill to theCouncil favorable, seconded by Council Member Adams. The motion carried. BILL NO. 6 -78 This being the were given an sentation for the petitioner Council Member Council Member A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND CONSTRUCTION COORDINATORS, INC., SOUTH BEND, INDIANA, FOR THE BORING OF A 16 -INCH STEEL CASING UNDER MAYFLOWER ROAD IN THE TOTAL AMOUNT OF $2,845.00. time heretofore set for public hearing on the above bill, proponents and opponent opportunity to be heard. Mr. John Stancati, Director of Utilities, made the pre - the bill. He said the Bureau of Water is under contract to provide the main and is to reimburse the Bureau of Water for the entire cost of the casing and boring. Serge made a motion to recommend this bill to the Council favorable, seconded by Szymkowiak. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Adams made a motion to rise and report to the Council, seconded by Council Member Kopczynski. The motion carried. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED Be it remembered that the regular meeting of vened in the Council Chambers on the fourth Council President Parent presiding and nine BILLS, SECOND READING Chairman the Common Council of the City of South Bend recon- floor of the County -City Building at 8:00 p.m., Council Members present. ORDINANCE NO. 6300 -78 AN ORDINANCE APPROPRIATING $45,240.00 FROM THE EQUAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOP- MENT. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amende in the Committee of the Whole, seconded by Council Member Adams. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Adams. The motion carried on a roll call vote of nine ayes. le, REGULAR MEETING JANUARY 23 1978 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6301 -78 AN ORDINANCE APPROPRIATING $100,000.00 FROM THE COM- MUNITY DEVELOPMENT BLOCK GRANT FUND, FOR THE CONTINUA- TION OF URBAN RENEWAL ACTIVITIES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COM- MUNITY DEVELOPMENT AND THE DEPARTMENT OF REDEVELOPMENT. This bill had second reading. Council Member Szymkowiak made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6302 -78 AN ORDINANCE APPROPRIATING $4,049.00 FROM THE JUNK VEHICLE FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR VARIOUS ENVIRONMENTAL PROGRAMS TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Szymkowiak made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6303 -78 AN ORDINANCE AMENDING ARTICLE 8 OF CHAPTER 21 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS THE SUBDIVISION ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BY ADDING A PROVISION RELATIVE TO FLOOD PLAIN REGULATIONS. This bill had second reading. Council Member Miller made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6305 -78 AN ORDINANCE APPROVING THE LEASE OF CITY PROPERTY TO INTERMODAL SERVICE CO., INC. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, seconder by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6304 -78 AN ORDINANCE AMENDING AND SUPPLEMENTING ARTICLES 1,2,3 and 6 OF CHAPTER 21 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BY ADDING PROVISIONS RELATIVE TO FLOOD PLAIN REGULATIONS. This bill had second reading. Council Member Adams made a motion to amend the bill, as amended the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Me. Taylor made a motion to pass the bill, as amended, seconded by Council Member Miller. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6306 -78 AN ORDINANCE APPROPRIATING THE SUM OF $11,964.89 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO THE GENERAL IMPROVEMENT FUND. This bill had second reading. by Council Member Dombrowski. ORDINANCE NO. 6307 -78 Council Member Szymkowiak made a motion to pass this bill, seconder The bill passed by a roll call vote of nine ayes. AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND CONSTRUCTION COORDINATORS, INC., SOUTH BEND, INDIANA FOR THE BORING OF A 16 -INCH STEEL CASING UNDER MAY- FLOWER ROAD IN THE TOTAL AMOUNT OF $2,845.00. This bill had second reading. by Council Member Dombrowski. RESOLUTIONS RESOLUTION NO. 603 -78 Council Member Szymkowiak made a motion to pass this bill, second The bill passed by a roll call vote of nine ayes. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR COMMUNITY DEVELOPMENT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, and is the Applicant for an Innovative Grant called "Project Promote" under Title I of the Housing and Community Development Act of 1974, as amended. NOW, THEREFORE, BE IT RESOLVED THAT THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Hereby Establish the authority of the Mayor of the City of South Bend to submit an application for, Ln-ovative Project monies in the amount of Fifty Seven Thousand, One Hundred and Thirty Dollars130.00) to the United States Government, Department of Housing and Urban Development under TI.of the Housing and Community Development Act of 1974, as amended. SECTION II. The Department of Human Resources and Economic Development will be designated Administrative Agent for the program. For every category established under this Resolution, the Mayor shall submit to the Common Council a line item budget in ordinance form prior to any ex- penditures of any grant money received upon approval of this application. 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 /Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. Carl Ellison, Director of Com- munity Development indicated this was for an Innovate Grant proposal, such as Project Rebate. REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED JANUARY 23, 1978 He said the object of Project Promote was to initiate a two component program to stimulate neighborhood reinvestment and thus i alleviate -the problem of inner -city deterioration. He said the first component will be a study designed to build an information base concerning reinvest - ment /disinvestment trends in identified neighborhoods. The second component will be the de- velopment of a positive program to promote and market central city neighborhoods. Council President Parent indicated that the Council had raised some questions at the informal meeting regarding this resolution. He said the City already has neighborhood organizations who have gained much strength, therefore, he questioned the need for a congress of neighborhoods. He said there was no need to duplicate or establish another group of neighborhood organization: Council Member Taylor made a motion to amend this resolution to $57,130 for the Michiana Urban Observatory study, seconded by Council Member Adams. Council Member Miller indicated that a lot of studies that were proposed have already been conducted, and the information was avail- able, therefore, the proposal to promote and market neighborhoods was not necessary. He indicated he was against the application for $92,960. Mr. Ellison indicated there was no in- formation available from other organizations that would give them the same facts. Council Member Adams indicated she felt that the entire grant application should be deleted. She aske< the Council not to approve this application. The motion carried. Council Member Taylor made a motion to pass the resolution, as amended, seconded by Council Member Dombrowski. The resolution passed by a roll call vote of five ayes (Council Members Serge, Szymkowiak, Taylor, Dombrowski and Parent) and four nays (Council Members Miller, Kopczynski, Adams and Horvath.) RESOLUTION NO. 604 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH-BEND, INDIANA AUTHORIZING THE MAYOR TO SUB- MIT AN URBAN DEVELOPMENT ACTION GRANT (UDAG) AP- PLICATION TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of South Bend has embarked upon the development and revitalization of the South Bend Central Business District; and WHEREAS, the continued development and revitalization of South Bend's.Central Business District is important to the quality of life of the total community and would be advantageous to the future growth and development of the City of South Bend; and WHEREAS, during the development and revitalization of the South Bend Central Business District, it will be necessary to secure Federal aid in the form of an Urban Development Action Grant; and WHEREAS, the Common Council of the City of South Bend is interested in promoting de- velopment of the Central Business District, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Hereby establishes the authority of the Mayor of the City of South Bend to submit under Title I of the Housing and Community Development Act of 1977, an Urban Development Action Grant Application to the United States Department of Housing and Urban Development. SECTION II. Hereby supports and is in favor of committing public sector resources, in the form of Urban Development Action Grant funds, to provide public parking facilities, pedes- trian connectors, other public site improvements and related development costs in conjunction with the private sector development of vacant land owned by the Redevelopment Commission (commonly referred to as "the hole "). SECTION III. This Resolution shall be in full force and effect immediately upon passage by the Common Council of the City of South Bend, Indiana. /s /Frank Horvath Member of the Common Council A public hearing was held at this time on the resolution. Mayor Peter J. Nemeth indicated if this grant was approved it would be used in conjunction with private sector investment to develop "the hole." He said the proposed project would consist of an office /hotel /commercial complex and supporting public facilities. He said UDAG funds can be obtained to finance the public portion of the project containing 1) a 750 -800 parking facility 2) a common area con- necting the three private buildings 3) an enclosed pedestrian walkway connecting the with the existing Century Center and proposed Century Mall. He said the privately financed portion of the project would include 1) a 132,000 square foot First Bank /Office Building 2) a 300 room Marriott Hotel 3) a 30,000 square foot office building. Mr. Christopher Murphy, III, First Bank President, gave a brief presentation of the project. Mr. Dan Cybulski, 601 Gladstor asked who was going to hold title to the property. The mayor indicated the details were not worked out as yet, and he gave several alternatives as to how this could be handled. Council Member Horvath asked how they arrived at the eight million figure. Mr. Murphy indicated it was basically contrived from the addition of the costs of the parking garage, the public area and the pedestrian walkway. He said it was anticipated that the eight million will cover all the needs in those areas. Mayor Nemeth indicated that the price could fluctuate, and there was a chance it could cost more. Council Member Adams asked if the mayor was going to offer an amendment regarding a line item budget in ordinance form being submitted to the Council. The Mayor indicated he did not feel this was necessary because this was a controlled agreement and HUD will be concerned as to how the money is going to be spent. Council Member Adams made a motion to amend the resolution by adding a new Section II which would read: For every category established under this Resolution, the Mayor shall submit to the Common Council a line item budget in ordinance form prior to any expenditures of any grant money received upon approval of this application; seconded by Council Member Kopczynski. Council Member Miller indicated he did not feel this was necessary since this was not like the other Community De- velopment applications. Council President Parent indicated they should not depart from the custom, and this has been put in all grant applications. Mayor Nemeth indicated that Mr. Brunner, City Attorney, and Mr. Murphy feel that this amendment would jeopardize the applica- tion. __ REGULAR MEETIN_G___ _ JANUARY 23, 1978 REGULAR MEETING RECONVENED (CONTINUED "Upon a motion by Joseph Serge, being seconded by Earl Kime, and carried, with June Stratton voting nay, the petition of Von Blankenbaker, Blankenbaker Associates; as amended, to zone from "B" Residential, property located between Ardmore Trail, Bendix Drive, Prast Boulevard and Wellington Street, from "B" Residential, "A" Height and Area, to "C" Commercial, "D Height and Area, property located between Ardmore Trail, Wellington Street, from "B" Residential, "A" Height and Area, and "E" Heavy Industrial to "E" Heavy Industrial, "C" Height and Area, property located between Ardmore Trail, Bendix Drive and south of Prast Boulevard, City of South Bend, is returned to the Common Council with a favorable re- commendation, subject to a final site plan, a landscape and screening plan per the Zoning Ordinance requirements for south of Ardmore Trail, west of Bendix Drive, and that part of prast Boulevard adjacent to residential; a traffic and signal plan to be approved by the City Engineer." "Upon a motion by Dwight Miller, being seconded by Joseph Simeri and carried unanimously, the petition of John K. and Frances L. Wilson to zone from "A" residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 3012 East Edison Road, 'City of South bend, is returned to the Common Council with a favorable recommendation, subject to a final site plan; provision for sidewalks on the south side of Edison; and the required dry wells for storm water." "Upon a motion by Earl Kime, being seconded by Daniel Chrzan and carried unanimously, the petition of the St. Joseph Bank and Trust Company to zone from "A" Residential, "A" Height and Area, to "C" Commercial, "A" Height and Area, property located at 1024 E. Donald Street, City of South Bend, is returned to the Common Council with a favorable recommendation, by the Area Plan Commission." Council Member Miller made a motion to set all bills, except 3421 Mishawaka Avenue, for February 13, 1978, seconded by Council Member Adams. The motion carried. NEW BUSINESS Sale of City -owned property - 308 Fulton Court and 1814 S. St. Joseph St. Council Member Adams made a motion to sell this City -owned property, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor indicated the Council would like to express sympathy to the family and friends of Henry Rybicki, former manager of the City greenhouse, who recently passed away. Council Member Serge indicated he had received numerous telephone calls on snow removal. He indicated he would like the media to ask people to park on the even and odd sides according to the date. Mr. McMahon indicated that perhaps they could do this from time to time as needed. Council Member Serge indicated he would like to see enforcement of the law on snow routes. Coun Member Kopczynski indicated he would recommend that we put one side parking in the snow route ordinance. Mr. McMahon indicated that the City does have the ability to declare one side parkin A lengthly discussion ensured regarding snow removal. There being no further business to come before the Adams made a motion to adjourn, seconded by Council the meeting was adjourned at 9:10 P.M. ATTEST: City Clerk Council, unfinished or new, Council Member Member Dombrowski. The motion carried and APPROVED Pre i d e M