10-26-81 Council Meeting Minutes

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REGULAR MEETING OCTOBER 26,'.1981 BILL NO. 107 -81 A BILL ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WATER WORKS OF THE CITY OF SOUTH BEND AND AMENDING CHARGES MADE FOR WATER SERVICE BY AMENDING CHAPTER 17 -46. BILL NO. 108 -81 A BILL ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND AND AMENDING CHARGES MADE FOR THE WATER SERVICE FUND BY AMENDING CHAPTER 17, ARTICLE 5 BY AMENDING SECTION 17 -47.1. Now is the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. He indicated these bills should be amended in accordance with new bills filed with the City Clerk. Council Member McGann made a motion to amend Bill No. 107 -81 and 108 -81, by substitution, seconded by Council Member Crone. The motion carried. He indicated the utilities are currently being billed bi- monthly, and current collection policy and payment periods will not fit into the one month billing system. He indicated that they were also attempting to deal with cronic late payers or non - payment customers, by changing the late payment from fifteen days to five days. Council Member Taylor made a motion to amend Section 17 -46, to read "All bills for water service not paid within fifteen days from the due date thereof," seconded by Council Member Dombrowski. Council Member Taylor made a motion to amend Section 17.47 to strike five days and to to fifteen days, seconded by Council Member Dombrowski. Council Member McGann spoke against these amendments because of the computer problems that would be incurred. A roll call vote was made on the amendments and they failed by a vote of three ayes (Council Members Beck, Taylor and Dombrowski) and six nays. Council President McGann made a motion to recommend these bills to the Council favorable, as amended, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 109 -81 A BILL APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND NEW ENERGY CORPORATION OF INDIANA TO BRING ABOUT THE CONSTRUCTION OF AN ETHANOL PLANT WITHIN THE CITY OF SOUTH BEND. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Richard Hill, City Attorney, made the presentation for the bill. He indicated that on October 9, the Council approved the Development Agreement between the City and New Energy Corporation. He indicated this bill will provide Council's approval under the ordinance requiring that contracts between the City and other entities be approved by ordinance. Council Member Voorde indicated that he had read there was a ceiling on the City's commitment to New Energy of 4.4 million to make this project happen. He asked if the City does have a ceiling on the limit. Mr. Hill indicated that the limitation as expressed in the Development Agreement has to do with activities, and at this point in time the activities would add up to that amount. He indicated that not all activities would be financed by the City, but the Development Agreement does refer to activities and not dollar amounts. He indicated there was a reference to dollar amount in reference to the removal of the utility lines, but in terms of the other off -site work there is no specific dollar amount mentioned in the agreement. He indicated they had estimates. Council Member Voorde asked how the estimates were determined. Mr. Hill indicated that Cole & Associates did the preliminary engineering as to what type of work would be needed. Council Member Voorde if cost overruns could possible add another 2 or 3 million dollars tothe City's commitment to New Energy. Mr. Hill indicated there was a potential of cost overruns, but did not feel they would be to that degree. He indicated there were certain commitments made by the City in the past to utilize UDAG funds to do a number of activies. He indicated that the Development Agreement does not include all the activies and there are a number of things that New Energy is now absorbing. He indicated the dollar amount was left open because there are a substantial number of activities that they City was not committing to, that it would have if we had received the UDAG funds. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 110 -81 A BILL APPROVING BETWEEN THE CITY COUNTY, INDIANA, ROAD. THE INTERLOCAL COOPERATION AGREEMENT OF SOUTH BEND, INDIANA, AND ST. JOSEPH FOR CONSTRUCTION AND MAINTENANCE OF MAPLE Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Richard Hill, City Attorney, indicated that on October 9 the Council approved an interlocal agreement for the construction of Maple Road. He indicated that under the terms of the agreement the County would be constructing the road, and a portion would be in the City limits. He indicated that for the period of the agreement the City would provide the maintenance. He indicated that State law authorizing the creation of a interlocal agreement states that it must be approved by the Council either by resolution or ordinance. Council member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 111 -81 A BILL TO VACATE FIRST 14' EAST -WEST ALLEY NORTH OF NORTHSIDE BOULEVARD RUNNING FROM CLOVER STREET EAST TO THE FIRST NORTH -SOUTH ALLEY IN EUCLID PARK ADDITION TO THE CITY OF SOUTH BEND FOR AN ADDITION OF 111.5 FEET.