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HomeMy WebLinkAbout04-28-86 Council Meeting MinutesREGULAR MEETING APRIL 28, 1986 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, April 28, 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, Braboy, Puzzello, Taylor, Zakrzewski, Barcome, Paszek, Voorde and Beck Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the April 14, 1986 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Beverlie J. Beck /s/ Al Paszek /s/ James Barcome Council Member Taylor made a motion that the minutes of the April 14, meeting of the Council be accepted and placed on file, seconded by Council Member Serge. The motion carried. REPORTS Council Member Voorde indicated that the Zoning and Vacation Committee had met on Bill Nos. 3, 12, 36 and 44 -86, and recommended 3 and 44 -86 favorable. He indicated 12 -86 would be stricken and 36 -86 would be continued. Council Member Serge indicated that the Utilities Committee had met on Bill No. 45 -86, and recommended it favorable. Council Member Braboy indicated that the Human Resources Committee had met on Bill No. 46 -86 and recommended it favorable. Council Member Beck made a motion to resolve into the Committee of the Whole, seconded by Council 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 April 14, at 7:07 p.m., with nine members present. Chairman Puzzello presiding. BILL NO. 3 -86 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4500/4600 WEST BLOCK OF THE CLEVELAND ROAD EXTENSION, IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Magliozzi, of Area Plan, gave the staff report, which was favorable. Kevin Butler, attorney, indicated this property was recently annexed into the City and the zoning was changed to "A" residential. He indicated the petitioners, Trans Tech, were requesting the zoning be changed to "D" Light Industrial. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 12 -86 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 721 -23 E. HOWARD IN THE CITY OF SOUTH BEND, INDIANA. Council Member Beck made a motion to strike this bill, seconded by Council Member Taylor. The motion carried. BILL NO. 36 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY EAST OF EDDY STREET RUNNING SOUTH FROM WAYNE STREET TO THE 1ST INTERSECTING EAST -WEST ALLEY FOR A DISTANCE OF 123 FEET ALL BEING IN THE SUNNYMEDE 1ST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Sullivan, petitioner, asked that this bill be continued until May 12, 1986. Council Member Beck made a motion to continue public hearing on this bill until May 27, seconded by Council Member Braboy. The motion carried. BILL NO. 44 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: (1) THE NORTH -SOUTH RIGHT -OF -WAY BOUNDED BY JEFFERSON BOULEVARD ON THE NORTH AND THE RIGHT -OF -WAY OF THE GRAND TRUNK WESTERN RAILROAD COMPANY ON THE SOUTH, BEING THE SAME 33 -FOOT RIGHT -OF -WAY RUNNING ALONG THE ENTIRE EASTERN BOUNDARY OF FERNWOOD ADDITION TO THE CITY OF SOUTH BEND, AS SHOWN ON THE PLAT THEREOF, RECORDED JULY 12, 1945, IN PLAT BOOK 15, PAGE F, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA AND (2) THE EAST -WEST STREET KNOWN AS SUNNYMEDE AVENUE BOUNDED ON THE WEST BY THE EAST RIGHT -OF -WAY LINE OF 35TH STREET ON THE EAST BY THE WEST LINE OF LOTS 10 AND 15 OF FERNWOOD ADDITION TO THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Voorde made a motion to accept the amended bill on file in the City Clerk's office, seconded by Council Member Paszek. The motion carried. John Ford, attorney, made the presentation for the bill. He indicated the purpose of this vacation is to allow Holy Cross Health Systems to expand their office facilities and use this property for access and parking. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Paszek. The motion carried. BILL NO. 45 -86 A BILL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A SCHEDULE OF DISCHARGE PERMIT FEES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this bill establishes fees required before issuance of a discharge permit. He indicated the permit is required of industries regulated by the USEPA, State of Indiana and City of South Bend Pretreatment Standards. He indicated the fees are reasonably related to the costs associated with issuing the permits. He indicated they were also requesting a change to make the Common Council the body to establish fees. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Paszek. The motion carried. BILL NO. 46 -86 A BILL TRANSFERRING $510,314.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Donald Inks, Director of Community Development, made the presentation for the bill. He indicated this bill would transfer Community Development monies between accounts. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Paszek. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion carried. ATTEST: City Clerk ATTEST: REGULAR MEETING RECONVENED 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 7:25 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE 7934 -86 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4500/4600 WEST BLOCK OF THE CLEVELAND ROAD EXTENSION, IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Puzzello. The bill passed by a roll call vote of nine ayes. ORDINANCE 7935 -86 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: (1) THE NORTH -SOUTH RIGHT -OF -WAY BOUNDED BY JEFFERSON BOULEVARD ON THE NORTH AND THE RIGHT -OF -WAY OF THE GRAND TRUNK WESTERN RAILROAD COMPANY ON THE SOUTH, BEING THE SAME 33 -FOOT RIGHT -OF -WAY RUNNING ALONG THE ENTIRE EASTERN BOUNDARY OF FERNWOOD ADDITION TO THE CITY OF SOUTH BEND, AS SHOWN ON THE PLAT THEREOF, RECORDED JULY 12, 1945, IN PLAT BOOK 15, PAGE F, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA AND (2) THE EAST -WEST STREET KNOWN AS SUNNYMEDE AVENUE IN FERNWOOD ADDITION TO THE CITY OF SOUTH BEND. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Voorde. The bill passed by a roll call vote of nine ayes. tEGULARlEETIDiG - A per_ r81 -48 ORDINANCE 7936 -86 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A SCHEDULE OF DISCHARGE PERMIT FEES. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE 7937 -86 AN ORDINANCE TRANSFERRING $510,314.00 AMONG VARIOUS ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Braboy made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1412 -86 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF INTENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND AE INC. AND /OR AE PISTONS, INC. PROVIDING FOR THE ISSUANCE BY SAID CITY OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF INDIANA CODE, TITLE 36. ARTICLE 8, CHAPTER 12, AS AMENDED. The area still has insufficient employment opportunities and insufficient diversification of industries, which conditions are harmful to the economic stability and general welfare of the area and, if not remedied, will be detrimental to the development of such area. The City of South Bend, Indiana (the "City ") is authorized under the provisions of Indiana Code, Title 36, Article 7, Chapter 12, as amended (the "Act "), to acquire, construct and finance economic development projects for the users thereof and to provide for the issuance of revenue bonds in conjunction therewith. The City, in order to implement the public purposes enumerated in the Act and in furtherance thereof to induce AE Inc. and /or AE Pistons, Inc., a Delaware corporation (the "Borrower ") to purchase land and construct and equip a manufacturing facility (hereinafter collectively called the "Project ") within the limits of St. Joseph County, Indiana, has indicated its intent to issue its revenue bonds under and pursuant to the provisions of the Act and to apply the proceeds therefrom to the payment of the costs of the Project. The Borrower, after considering a number of possible locations within and outside the State of Indiana, and in reliance upon the intent of the City to finance the Project through the issuance of revenue bonds under the provisions of the Act, has determined to construct and Project within the limits of St. Joseph County, Indiana. It is now deemed advisable to authorize the execution and delivery by the City of a Memorandum of Intent expressing formally and in writing the understanding heretofore formally agreed upon by the City and the Borrower. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1 - The Mayor is hereby authorized and directed to execute a Memorandum of Intent by and between the City and the Borrower and the City Clerk is hereby authorized and directed to affix the seal of the City thereto and to attest the same; and said Mayor and City Clerk are hereby authorized and directed to cause said Memorandum of Intent to be delivered to, accepted, and executed by the Borrower, said Memorandum of Intent, which is hereby approved and incorporated by reference and made a part of this authorizing resolution, to be in substantially the form attached hereto. SECTION 2 - All resolutions and orders, or parts thereof, in conflict with the provisions of this resolution are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate effect from and after its adoption. This inducement resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Kevin Butler, attorney, indicated the resolution should be amended to add AE Inc., the parent company. Council Member Taylor made a motion to amend, seconded by Council Member Zakrzewski. The motion carried. He indicated A E Pistons, Inc., planned to purchase twenty -six acres of real estate in the Toll Road Industrial Park for the construction of a economic development facility to be used in the manufacturing and production of engine component parts. He indicated when the facility is in operation initially 75 new jobs will be created. He indicated this British company has chosen the South Bend Area as its first manufacturing investment project in the _ = -�---= REGULAR MEETING _ =- _ =—_a— - - •APRIL -2$- United States. Howard Bessire, Director of the Industrial Foundation spoke in favor of this resolution. James Cronk, 702 E. LaSalle, indicated this property should be annexed into the City. Mr. Bessire indicated they would request annexation in approximately three years. Council Member Taylor made a motion to adopt this resolution, as amended, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 48 -86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF EDDY ST., RUNNING NORTH FROM ST. VINCENT ST., TO THE INTERSECTING EAST -WEST ALLEY FOR A DISTANCE OF 450 FEET, ALL BEING IN HARTMAN AND MILLER ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Voorde made a motion to amend this bill by changing the distance to 360 feet, seconded by Council Member Zakrzewski. The motion carried. Council Member Voorde made a motion to set this bill for second reading and public hearing May 12 and refer it to the Zoning and Vacation Committee, seconded by Council Member Paszek. The motion carried. BILL NO. 49 -86 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BOND, SERIES 1986 (COLE ASSOCIATES, INC. PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing May 12 „ seconded by Council Member Braboy. The motion carried. BILL NO. 50 -86 This bill had first for second reading seconded by Council BILL NO. 51 -86 A BILL APPROPRIATING FUNDS IN THE AMOUNT OF $82,500.00 FROM THE PARK MAINTENANCE FUND TO ACCOUNT 427.0, MOTOR EQUIPMENT, FOR THE PURCHASE OF DEPARTMENT VEHICLES. reading. Council Member Serge made a motion to set this bill and public hearing May 12, and refer it to the Parks Committee, Member Taylor. The motion carried. A BILL APPROPRIATING FUNDS IN THE AMOUNT OF $83,500.00 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing May 12, and refer it to the Public Safety Committee, seconded by Council Member Serge. The motion carried. UNFINISHED BUSINESS Council Member Barcome made a motion to set Bill No. 25 -86 for public hearing and second reading May 12 and refer it to the Zoning and Vacation Committee, seconded by Council Member Taylor. The motion carried. PRIVILEGE OF THE FLOOR John Taylor, 413 W. Colfax, spoke regarding this company, Israel Hydrogen. He indicated he planned to sell equity bonds, which will have a 100 year expiration date. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Zakrzewski. The motion carried and the meeting was adjourned at 7:45 p.m. ATTEST: City Clerk APPROVED: President