05-27-80 Council Meeting Minutes

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()1 REGULAR MEETING MAY 27, 1980 REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 784 -80 A RESOLUTION REQUESTING AND ENPOWERING THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, TO PETITION.THE ST. JOSEPH COUNTY DRAINAGE BOARD FOR THE ADMISSION OF THE MUNICIPAL DRAIN COMMONLY KNOWN AS "BOWMAN CREEK ", INTO THE COUNTY DRAINAGE SYSTEM OF ST. JOSEPH COUNTY AS A LEGAL DRAIN. There is no City agency with the mission, the resources or the expertise to address the ongoing problems of the Bowman Creek. These problems include cleaning, dredging, maintenance of undergound structures such as culverts, and maintenance of aboveground structures such as railings. The Bowman Creek enters the City on Ireland Road east of Olive Street. It then flows northeasterly through the AM General plant, north of the Sibley Foundry, past the First Bank and Trust Company branch at Ewing and Michigan, through the Riley High School field, through the Studebaker Golf Course, through the Studebaker School field, through Ravinia Park, through the Northern Indiana Public Service Company facility on Pennsylvania Avenue, under the Conrail and Grand Trunk tracks, past the fire station at Lincoln Way East and finally into the St. Joseph River somewhat south of Sample Street. If the Bowman Creek is designated as a legal drain, the St. Joseph County Drainage Board could then levy an assessment on the property owners of South Bend. This assessment would not be limited by the "frozen" tax levy. The proceeds from the assessment would then be used to address the maintenance problems of Bowman Creek. The costs, damages and expenses of the improvement of said drain within the county drainage system will be less than the benefits that will be derived by the land likely to be benefitted by such improvements. The improvements to such drain will improve the public health by draining lands owned by the City of South Bend and its citizens. Proposed improvements to structures will improve the public safety by correcting deficiencies in guard rails which are in gross repair. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the Civil City of South Bend that: SECTION I. The Common Council of the CIty of South Bend petition the St. Joseph County Drainage Board for the admission of the municipal drain, commonly known as "Bowman Creek" into the St. Joseph County drainage system as a legal drain. SECTION II. The Board of Public Works is hereby requested and given the authority to file such peition before the St. Joseph County Drainage Board. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. /s /John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Patrick McMahon, Director of Public Works, indicated that Bowman Creek has never been designated as a legal drain, therefore, the City has very limited, if any, power or jurisdiction to effect improvements or maintenance in the area. He indicated that if the City if successful in this application, the question of jurisdiction and authority to effect improvements will be resolved. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote ofnine ayes. BILLS, FIRST READING BILL NO. 58 -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) (2049 PRAIRIE AVE.) This bill had first reading. Council Member Beck made a motion to refer this bill and petition to Area Plan, seconded by Council Member Serge. The motion carried. BILL NO. 59 -80 A BILL APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND THOMAS J. BRUNNER, JR., SOUTH BEND, INDIANA, FOR PROVIDING LEGAL SERVICES WITH RESPECT TO THE FIRST BANK CENTER PROJECT AND CENTURY MALL. This bill had first reading. Council. Member Taylor made a motion to set this bill for public hearing and second reading June 23, 1980, seconded by Council Member Crone. The motion carried. BILL NO. 60 -80 A BILL APPROPRIATING $124,000.00 FROM THE LOCAL ROAD AND STREET FUND, TO PROJECT R &S 7801, SIGNALIZATION OF TEN (10) INTERSECTIONS, WITHIN THE LOCAL ROAD AND STREET SPECIAL DISTRIBUTION FUND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 23, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 61 -80 A BILL APPROPRIATING $40,.000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR A DEMONSTRATION BLOCK:PROJECT, TO BE ADMINISTERED BY THE DIVISION OF COMMUNITY DEVELOPMENT AND THE 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 June 23, 1980, seconded by Council Member Dombrowski. The motion carried.