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HomeMy WebLinkAbout01-28-80 Council Meeting MinutesREGULAR MEETING JANUARY 28, 1980 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 28, 1980, 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, Beck, Kopczynski, Crone Dombrowski, Voorde and McGann 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 respectfully report that it has inspected the minutes of the January 14, 1980 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Lewis A. McGann /s /Beverlie J. Beck Council Member Serge made a motion that the minutes of the January 14, 1980, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. SPECIAL BUSINESS Council President McGann announced that Councilman Kopczynski had been appointed to the MACOG Board, as the Council's representative. He indicated that Gerald Kline had resigned from the Historic Preservation Commission and it was necessary that he be replaced with a Republican appointee. Council Member Dombrowski made'a motion to resolve into the Committee of the Whole, seconded by Council Member Kopczynski. 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 28,1980, at 7:05 p.m., with eight members present. Chairman Szymkowiak presiding. BILL NO. 213 -79 A BILL APPROPRIATING $45,000.00 FROM THE ZOO ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL WILDLIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. James Seitz, Superintendent of Parks, made the presentation for the bill. He indicated this was the second payment from the Muessel- Clarke Trust Fund for the construction of the Educational Services and Wildlife Building at Powatomi Zoo. He said the trust fund has committed $380,000.00 for the zoo project. Payments will be made on a quarterly basis over the next three years. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 148 -79 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 (NORTH PUMPING STATION.) 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 Oxian, Vice President of the Historic Preserva- tion Commission, made the presentation for the bill. He indicated this building had been con- structed in 1912, and the architecture is an unusual style, especially in the construction of a pumping station. He said the City had given approval for the building to become a landmark. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconder by Council Member Voorde. The motion carried. BILL NO..149 -79 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 (MORRIS CIVIC.) This bing the time heretofore set for public hearingon 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 Morris Civic was a superior building. He said it was built in 1921 and is one of the most architecturally superior theaters in the City. He indicated that the CIty had given permission for the landmark status. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconde by Council Member Dombrowski. The motion carried. REGULAR MEETING JANUARY 28, 1980 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 186 -79 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 (POWELL HOUSE.) 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 Powell House did not have superior architecture, but it has historic value as the first house built by Blacks in theCity of South Bend. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kopczynski. The motion carried. BILL NO. 1 -80 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) (MICHIANA;. REGIONAL AIRPORT, AND VARIOUS SURROUNDING PROPERTIES.) Council Member Kopczynski made a motion to continue public hearing and second reading on this bill until March 10, 1980, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Dombrowski made a motion to rise and report to the Council, seconded by Council Member Kopczynski The motion carried. ATTEST: CITY CLERK REGULAR MEETING RECONVENED ATTEST: CHAIRMAN 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 7:20 p.m. President McGann pre- siding and eight members present. BILLS, SECOND READING - ORDINANCE NO. 6737 -80 AN ORDINANCE APPROPRIATING $45,000.00 FROM THE ZOO ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILD - LIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. This bill had second reading. Council Member Kopczynski made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6738 -80 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 (NORTH PUMPING STATION.) 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. ORDINANCE NO. 6739 -80 AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINNANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (MORRIS CIVIC.) This bill had second reading. Council Member Kopczynski made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6740 -80 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 (POWELL HOUSE.) This bill had second reading. Council Member Kopczynski made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. BILL NO. 1 -80 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) (MICHIANA REGIONAL AIRPORT AND VARIOUS SURROUNDING PROPERTIES.) Council Member Kopczynski made a motion to continue public hearing on this bill until March 10, 1980, seconded by Council Member Beck. The motion carried. ow REGULAR MEETING JANUARY 28, 1980 RESOLUTIONS RESOLUTION NO. 750 -80 A RESOLUTION TRANSFERRING $11,000.00 FROM ACCOUNT 722.0 MOTOR EQUIPMENT TO ACCOUNT 726.0, OTHER EQUIPMENT, BOTH ACCOUNTS ARE IN THE FIRE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to transfer money from one account to another in the annual budget to allow the Fire Department to fulfill its functions, and WHEREAS, it has been ascertained that a certain account in the Fire Department's budget. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. to -wit: ACCOUNT 722.0 That the following account be reduced in the amount set opposite said account, DESCRIPTION Motor Equipment AMOUNT $ 11,000.00 SECTION II. That the following account be increased in the amount set opposite said account to -wit: 726.0 Other Equipment $ 11,000.00 That the transfer of funds as set forth in Section I and Section II are necessary for the proper and efficient operation and functioning of the Fire Department. An extraordinary emergency is declared to exist concerning the foregoing transfer, and it is in the best interest to do so. SECTION III. This resolution shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and the fulfillment of all statutory requirements for emergency appropriations. /s/Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Fire Chief Brassell, indicated that transfer was necessary in order to pay for two radios and two defibrillator -heart monitors. He said the telemetry radios were not originally budgeted because the Department was unaware of Federally mandated changes in the licensing of these radios. Council Member Kopczynski made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes. BILLS. FIRST READING ORDINANCE NO. 6741 -80 AN ORDINANCE APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE LAWSON- FISHER ASSOCIATES PROJECT. This bill had first reading. Council Member Szymkowiak made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Dombrowski. The motion passed by a roll call vote of eight ayes. This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Mr. Kennel Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this $350,000 bond issue was for the acquisition and renovation of an office building located at 525 W. Washington. He said the new facility will create approximately eight new jobs. Council Member Kopdzynski made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6742 -80 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 6680 -79 APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, TRUST INDENTURE, REAL ESTATE MORTGAGE, SECURITY AGREEMENT AND INDUSTRIAL DEVELOP- MENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 2 -80 OF THE SOUTH BEND ECONOMIC DE- VELOPMENT COMMISSION RELATING TO THE SOUTH BEND TOOL AND DIE CO., INC., AN INDIANA CORPORATION PROJECT. This bill had first reading. Council Member Kopczynski made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Dombrowski. The motion carried by 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. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated that because of the necessity in making changes in the financing docu- ments as to the payment dates of the bond as issued, it was determined that the matter should be resubmitted to the South Bend Common Council. He said in all other respects, the underlying reasons for the issuance of the $600,000 bond for the purpose of construction of the project, would remain the same. Council Member Kopczynski made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. Ih REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED) JANUARY 28, 1980 BILL NO. 7 -80 A BILL APPROPRIATING $115,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading February 11, 1980, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 8 -80 A BILL GRANTING AN EASEMENT TO CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD ALONG BENDIX DRIVE AND RATIFYING PERMISSION TO LAY RAILROAD TRACKS ACROSS STREETS. This bill had first reading. Council Member Szymkowiak made a motion to set this bill for public hearing and second reading February 11, 1980, seconded by Council Member Dombrowski. The motion carried. Council Member Kopczynski made a motion to refer this bill to the Public Works Committee, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 9 -80 A BILL AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 16, COMMONLY KNOWN AS THE FAIR CAMPAIGN PRACTICES ACT, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Kopczynski made a motion to set this bill for public hearing and second reading February 11, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 10 -80 A BILL APPROPRIATING $14,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE 1980 ETHNIC FESTIVAL, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Kopczynski made a motion to set this bill for public hearing and second reading February 11, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 11 -80 A BILL APPROPRIATING $68,873.00 FROM THE LIABILITY INSURANCE PREMIUM AND RESERVE FUND TO PROVIDE FUNDING FOR COSTS ASSOCIATED WITH THE CITY OF SOUTH BEND'S SELF - INSURANCE PROGRAM DURING THE CALENDAR YEAR 1980. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading February 11, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 12 -80 A BILL APPROPRIATING $9,087.00 OF TITLE XX GRANT MONIES FROM THE CITY OF SOUTH BEND RUNAWAY SHELTER FUND FOR VARIOUS ACTIVITIES DURING THE PERIOD JANUARY 1, 1980 THROUGH JUNE 30, 1980. This bill had first reading. Council Member Szymkowiak made a motion to set this bill for public hearing and second reading February 11, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 13 -80 A BILL APPROPRIATING $10,637.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, TO FUND THE POSITION OF DEPUTY ATTORNEY, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This bill had first reading. Council Member Szymkowiak made a motion to set this bill for public hearing and second reading February 11, 1980, seconded by Council Member Crone....__ The motion carried. BILL No. 14 -80 A BILL APPROPRIATING $7,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS THE GENERAL REVENUE SHARING GRANT FOR OFFICE EQUIPMENT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Szymkowiak made a motion to set this bill for public hearing and second reading February 11, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 15 -80 A BILL APPROPRIATING $26,801.19 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO THE GENERAL IMPROVEMENT FUND. This bill had first reading. Council Member Szymkowiak made a motion to set this bill for public hearing and second reading February 11, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 16 -80 A BILL APPROPRIATING $1,600.00 TO ACCOUNT 230.0 INSTRUCTION. SAID ACCOUNT BEING IN THE SAVE -A -LIFE FUND OF THE CITY OF SOUTH BEND, AND TO BE ADMINISTERED BY THE FIRE DEPARTMENT. This bill had first reading. Council Member Szymkowiak made a motion to set this bill for public hearing and second reading February 11, 1980, seconded by Council Member Dombrowski. The motion carried. 552 REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED) Report from Area Plan - Washington St., between Summit and Lombardy. Council Member Kopczynski made a motion to set Bill No. 212 -79 for public hearing and second reading February 11, 1980, seconded by Council Member Dombrowski. The motion carried. Council President McGann indicated that Bill No. 144 -79, annexation of property located at State Road 23 and Edison, was tabled and it should be set for public hearing on February 11, 1980. Council Member Kopczynski made a motion to set Bill No. 144 -79 for public hearing and second reading February 11, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Kopczynski made a motion to adjourn, seconded by Council Member Dombrowski. The motion car- ried and the meeting was adjourned at 7:38 p.m. ATTEST: AP OVED: CITY CLERK PRESIDENT 0