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HomeMy WebLinkAbout02-13-78 Council Meeting MinutesREGULAR MEETING FEBRUARY 13, 1978 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, February 13, 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 Memebers 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: You sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the January 23, 1978 meeting of the Council and found them correct. The sub- committee, therefore, recommends that the same be approved. /s /Roger 0. Parent /s /Mary Chris Adams REGULAR MEETING FEBRUARY 13, 1978 Council Member Serge made a motion that the minutes of the January 23, 1978, meeting of the Council be placed on file, seconded by Council Member Dombrowski. The motion carried. REPORT OF COUNCIL COMMITTEES Council Member Adams indicated that the Utilities Committee had met with Mr. Stancati and Mr. Budzinski at the Water Works and were assured that all accounting is being kept separate for the new facility just purchased. She indicated that the Board of Water had entered into an agreement for a $1,900 feasibility study for a new building, after the Council had turned down the request for such a study. Council President Parent indicated he could not understand why the Water Works went ahead with a feasibility study when it was made clear by the majority of the Council that there was no need for a study. Council Member Adams made a motion to resolve into the Committee of the Whole, seconded by Council Member Dombrowski. 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 7:05 p.m., with nine members present. Chairman Frank Horvath presiding. BILL NO. 184 -77 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) (3533 MC KINLEY HIGHWAY.) T here was no one in the Chambers to make the presentation for this bill. Council President Parent made a motion to proceed to the next item on the Agenda, seconded by Council Member Dombrowski. The motion carried. BILL NO. 199 -77 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (1608 DEVON CIRCLE.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. John Oxian, Vice President of the Historic Preserva- tion Commission, made the presentation for the bill. He indicated that the Council had received a brief history of this home. He indicated this home had been moved to its present site and restored. He said this home was an unusual design. He indicated this home should be given land- mark status. Council Member Taylor made a mtoion to recommend this bill to the Council favorable seconded by Council Member Dombrowski. The motion carried. BILL NO. 198 -77 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) (1024 E. DONALD ST.) Since there was no one in the Chambers to make the presentation for this bill it was decided to move to the next item on the Agenda. BILL NO. 214 -77 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) (3012 E. EDISON ROAD.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. J. K. Wilson, 52835 Arbor Dr., the petitioner, made the presentation for the bill. He said this was previosuly zoned to "B" but the rezoning re- verted after a year and they were now asking that it again be rezoned. Council Member Adams questioned the number of units in this apartment building. Mr. Wilson indicated it had been amended from six to four units. Council Member ADams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 216 -77 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) (ARDMORE TRAIL, BENDIX DRIVE AND PRAST BOULEVARD.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Joseph Helling, attorney for the petitioner, indicatec there was an error in the bill and asked that an amendment be made to change Lot 69 to Lot 68, in Part I. Council Member Miller made a motion to amend the bill, seconded by Council Member Taylor. The motion carried. Mr. John Peddycord, attorney for the petitioner, explained that there are three parcels of land involved in this rezoning. He said the development would only be in parcels one and two, and the third parcel will be used for parking by the Bendix Corporatior He said there will. be a shopping center on parcel one and an office complex on parcel two. He described the surrounding area. He said this particular land was not suitable for single family - dwellings or apartments. He said this shopping center would be known as.LaSalle Square and will be comprised of forty stores. Mr. Joseph Webb, 1321 N. Meridan, Indianapolis, the engineer for the project, indicated that an agreement had been made with the Department of Public Works to makE changes they had suggested. He said these changes will be included in the final site plan. He said they would provide 1,700 parking spaces, which is above the minimum required. He said the screening and landscaping will be in conformance with the zoning ordinance and their preliminary plot plan. Mr. Peddycord indicated there would be an additional 108 parking spaces on the second parcel of land. Mr. Von Blankenbaker, the developer, indicated that the economic feasibility for this project was excellent. He said there will be 250 to 300 new jobs created by this project. He said they estimate $150,000 to $200,000 in tax revenue. Mr. Helling gave a petition to the City Clerk with four hundred and four signatures approving this shopping center. Council Member Kopczynski asked the taxable value of this property. Mr. Blankenbaker indicated from eight to ten million. Council Member Kopczynski made a motion to recommend this bill to the Council favor- able, seconded by Council Member Dombrowski. Council President Parent thanked Mr. Blankenbaker REGULAR MEETING FEBRUARY 13, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED for the commitment he has made to this community. Council Member Miller asked if the project was going to be built all at one time. Mr. Peddycord indicated it was going to be built in phases. The motion carried. BILL NO. 8 -78 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS, GENERALLY KNOWN AS THE SOUTHWEST CORNER OF IRELAND ROAD AND IRONWOOD DRIVE IN ST. JOSEPH COUNTY, INDIANA. Mr. Thomas Brunner, City Attorney, asked that this matter be continued for two weeks because of a technical difficulty with the bill. He indicated he had received a telephone call from the attorney handling this matter, asking that this be continued. Council President Parent made a motion to continue public hearing on this bill until February 27, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 9 -78 A BILL APPROPRIATING $2,899.50 FROM THE DISCOVERY HALL FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR VARIOUS CONSULTING SERVICES 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 opponent: were given an opportunity to be heard. Mr. Michael Vance, Deputy Controller, made the presentat: for the bill. He said this represents a grant received from the National Endowment for the Humanities to plan and develop exhibits at Discovery Hall. He said the moneys have been receive( and some preliminary work has been done by the consultant. He said it was their feeling that it would now be necessary to make a partial payment to the consultant so that work may continue. Council Member Adams asked if the work could be done before the appropriation. Mr. Vance indicai he thought the Council was aware of this situation. Council Member Adams asked the name of the of the consultant. Mr. Mullen indicated he thought it was a graduate student at Notre Dame or Indiana University, but did not know the name. She asked that this information be available in the future. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 10 -78 A BILL APPROPRIATING $28,765.00 FROM THE SEWAGE WORKS DEPRECIATION FUND TO ACCOUNT 726.0 OTHER EQUIPMENT WITHIN SAID FUND TO BE ADMINISTERED BY THE DIVISION OF UTILITIES OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Michael Vance, Deputy Controller, made the presenta- tion for the bill. He said a vehicle with special photography equipment was purchased from Com- munity Development funds to aide in the study of sewer conditions and the repair of sewer lines. He said this was ineligible for Community Development funding and this bill was to reimburse thei for the cost of the vehicle and equipment. He said this project has always been referred to as the Belleville Sewer Project. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 11 -78 A BILL AMENDING CHAPTER 4, ARTICLE 1, OF THE MUNICIPAL CODE BY REQUIRING THE LICENSING OF CERTAIN AMUSEMENT DEVICES. This being the time heretofore set for public hearing on the above bill, proponents and opponent.c were given an opportunity to be heard. Mr. Thomas Brunner, City ATtorney, made the presentation for the bill. He said these games of chance should be licensed. He said that presently there a] a number of facilities operating in the City that specialize in this type of amusement and there is no requirement for their licensing. He said this bill is an attempt to fill the gap. Ms. Pat Bashaw, of the Northwest Neighborhood Association, indicated they supported this bil. Counc: Member Serge indicated this type of establishment causes problems in neighborhoods. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. Council Member Adams asked who would be liable for the license. Mr. Brunner indicated the owner. Council Member Miller indicated he did not think the Council was passing this for the purpose of raising money but for the purpose of the betterment of the South Bend Community. The motion carried. There being no further business to come before the Committee of Szymkowiak made a motion to rise and report to the Council and Dombrowski. The motion carried and the meetingwas recessed at ATTEST'. ATTEST: 'J"., /,- /'L� � - City Clerk Chairman REGULAR MEETING RECONVENED the Whole, Council Member recess, seconded by Council 8:00 p.m. Be it remembered that the regular meeting of the Common Council of the convened in the Council Chambers on the fourth floor of the County -City Council President Parent presiding and nine Council Members present. BILLS, SECOND READING BILL NO. 184 -77 City of South Bend re- Building at 8:10 p.m., 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) (3533 MC KINLEY HIGHWAY.) Council Member Adams made a motion to continue public hearing and second reading on this bill until February 27, 1978, seconded by Council Member Dombrowski. The motion carried. M� l REGULAR.MEETING FEBRUARY 13, 1978 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6308 -77 AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE.OF THE CITY OF SOUTH BEND (1608 DEVON CIRCLE.) This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. BILL NO. 198 -77 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COM- MONLY KNOWN.AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (1024.E. DONALD.) Council Member Adams made a motion to continue public hearing and second reading on this bill until February 27, 1978, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6309 -78 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) (3012 E. EDISON.) Theis :bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6310 -78 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) (ARDMORE TRAIL, BENDIX DRIVE AND PRAST BOULEVARD.) 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 Dombrowski. The motion carried. Council Member Kopczynski made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. BILL NO. 8 -78 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS GENERALLY KNOWN AS THE SOUTHWEST CORNER OF IRELAND ROAD AND IRONWOOD DRIVE IN ST..JOSEPH COUNTY, INDIANA. Council Member Dombrowski made a motion to continue public hearing and second reading on this bill until February 27, 1978, seconded by Council Member Kopczynski. The motion carried. ORDINANCE NO. 6311 -78 AN ORDINANCE APPROPRIATING $2,899.50 FROM THE DISCOVERY HALL FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR VARIOUS CONSULTING SERVICES TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes and one nay (Council Member Kopczynski.) ORDINANCE NO. 6312 -78 AN ORDINANCE APPROPRIATING $28,765.00 FROM THE SEWAGE WORKS DEPRECIATION FUND TO ACCOUNT 726.0 OTHER EQUIP- MENT WITHIN SAID FUND TO BE ADMINISTERED BY THE DIVISION OF UTILITIES OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, second by Council Member Horvath. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6313 -78 AN ORDINANCE AMENDING CHAPTER 4, ARTICLE I, OF THE MUNICIPAL CODE BY REQUIRING THE LICENSING OF CERTAIN AMUSEMENT DEVICES. 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 nine ayes. BILLS, FIRST READING BILL NO. 13 -78 A BILL AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20, ARTICLE 7, SNOW ROUTES OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AND BY THE ADDITION OF NEW.SECTION 20 -102A RESTRICTED PARKING DURING THE SNOW SEASON. This bill had first reading. Council Member Taylor made a motion to refer this bill to the Publi Works Committee and set it for public hearing and second reading February 27, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 14 -78 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE III EXPENSES OF THE DEPARTMENT OF EM- PLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, IN- CLUDING 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 refer this bill to the Personnel and Finance Committee, and set it for public hearing and second reading February 27, 1978, seconded by Council Member Serge. The motion carried. g] REGULAR MEETING FEBRUARY 13, 1978 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 15 -78 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) (NORTH OF IRELAND ROAD AND EAST OF IRONWOOD ROAD) This bill had first reading. Council Member Miller made a motion to refer the bill, and petiti to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 16 -78 A BILL AMENDING CHAPTER 20, ARTICLE 7, SECTION 20 -104 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY REFERRED TO AS SNOW RE- MOVAL CONDITIONS; TRAFFIC REGULATIONS. This bill had first reading. Council Member Dombrowski made a motion to refer this bill to the Public Works Committee and set it for public hearing and second reading February 27, 1978, seconded by Council Member Taylor. The motion carried. BILL NO. 17 -78 A BILL REGULATING PARKING TO PERMIT EFFICIENT STREET CLEANING AND SNOW REMOVAL AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. This bill had first reading. Council Member Adams Works Committee and set it for public hearing and Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR made a motion to refer this bill to the Public second reading February 27, 1978, seconded by Mr. Tom Cressy, of National Life Insurance, indicated he submitted a proposal to the Controller' office in September and he had not heard anything one way or the other. He said he was wonderincl why it was taking so long for the City to make up their mind. Mr. Mullen, City Controller, in- dicated that National Life was not the low bidder, and this matter had been turned over to Corporate Policyholders, a consulting firm, to evalutate the proposals. Council Member Adams indicated that this had been turned over to the consultants only two weeks ago and they should be hearing from them very shortly. Mr. Cressy indicated that the Controller knew the rates were going up, and he wondered why they did not ask other companies to submit a proposal. He indicated he was not given an opportunity to look at the other proposals. He indicated that the City has been overcharged on their elderly people. Council was not in a position to get into the details of Mr. Cressy's proposal, and that the Council had an established procedure for Council imput into the matter. Council Member Adams indicated that the ordinance passed two years ago only dealt with the liability insurance. She indicated she whould be glad to have a meeting of the Personnel and Finance Committee, as soon as the report is back from Chicago, to discuss this, so all questions can be answered in a public manner. Council Member Kopczynski inquired about the procedure that carriers submitting proposal could not see what the other carr ers had submitted. Mr. Mullen indicated that the bids were available for public inspection. Counci Member Kopczynski asked if a summary could be,.made of the various proposals after they have been submitted. Mr. Mullen indicated they could have that broken down so the Council would be able to understand it. Council Member Kopczynski indicated that the Council should be kept abreast of the summary of these insurance proposals even before the bids are submitted, and once they are submitted, an understandable presentation should be made to the Council, so that the Council knows the best bid was accepted. Mr. Mullen indicated he would be glad to do this on an in- dividual basis with those that are interested, or a group, or a committee. Mr. Cressy indicated that he was told he could not look at other carrier's bids. He indicated that he thought the consultant was a good idea, but they knew about the rate increase in October and this should have been done a long time ago. Council Member Miller indicated he was concerned about State highway maintenance. He asked the Council if they would be agreeable to writing a letter to the area legislators expressing the Council's concern that additional highway maintenance funds be appropriated and that the Council feels the State highway maintenance is inadequate. Mr. Patrick McMahon, Director of the Board of Public Works, indicated that LRSA was apportioned in accordance with miles of streets, but they should also allow for inches of snow and severity of the weather. Council President Parent indicated that Mr. McMahon should write down some of his ideas regarding this letter and send it to the Clerk's office. Council Member Adams said there would be a Personnel and Finance Committee meeting at 6:00 p.m., Monday February 20, 1978. Council Member Serge said there would be a Public Works Committee meeting at 6:30 p.m., Monday, February 20, 1978. There being no further business to come before the Council unfinished or new, Council Member Adams made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 8:40 p.m. ATTEST: APPROVED: City Clerk Preside