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HomeMy WebLinkAbout11-24-80 Council Meeting MinutesREGULAR MEETING NOVEMBER 24, 1980 REGULAR MEETING 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, November 24, 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, Taylor, Kopczynski, Crone, Dombrowksi, Voorde and McGann Absent: None 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 November 10, 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 make a motion that the minutes of the November 10, 1980 meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. SPECIAL BUSINESS Council President McGann welcomed Will McKenna and members of the business law class of Notre Dame. Council President McGann announced that the December meeting date had to be changed from the 15th to the 8th. Council Member Dombrowski made a motion to change the meeting from December 15 to Decemb er 8, seconded by Council Member Taylor. The Motion carried. Council Member Kopczynski made a motion to have election of officers, seconded by Council Member Taylor. The motion carried. Council Member Taylor chaired this portion of the meeting. Council Member Crone made a motion to elect Council Member McGann as president, seconded by Council Member Kopczynksi. Council Member. Dombrowski made a motion to close the nominations, seconded by Council Member Kopczynski. The motion carried. Council President McGann made a motion to elect Council Member Serge as vice- president, seconded by Council Member Beck. Council Member Szymkowiak made a motion to close the nominations, seconded by Council Member Dombrowski. The motion carried. Council Member Szymkowiak made a elect Council Member Voorde as Chairman of the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Dombrowski made a motion to retain Kathy Cekanski- Farrand as Council attorney, seconded by Council Member Taylor. The motion carried. RFpnRmc- Council Member Taylor indicated that the Public Safety Committee had met to discuss Bill No. 134 -80, the $30,000 appropriation for the police foot patrol, and the committee unanimously recommended this favorable. Council Member Kopczynski indicated that the special committee on recodification of the code was continuing to meet. Council Member Dombrowski 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 Monday, November 24, at 7:07 p.m., with nine members.present. Chairman Szymkowiak presiding. BILL NO. 133 -80 A BILL APPROVING THE FORM AND TERMS OF A LOAN.AGREEMENT, MORTGAGE AND NOTE, SECURITY AGREEMENT AND A TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION.NO. 25 -80 OF THE SOUTH BEND_ECONOMIC DEVELOPMENT COMMISSION PERTAINING TO THE WILLIAM G. YORK AND GLORIA J. YORK PROJECT. 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 this $1701000 issue would be used to renovate an existing building located at 305 W. Jefferson. He said that four new jobs would be created. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Memb er Dombrowksi. The motion carried. BILL NO.- 116 -80 A BILL AMENDING ORDINANCE NO. 499068, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (1922 N. Georgianna St.) 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 McGann made a motion to amen( this bill by substituting a new bill filed in the City Clerk's office, seconded by Council Member Dombrowksi. The motion carried. Dave Bauer, of Area Plan, indicated this rezoning was a change from "B" residential "A" height and area, to "C" commercial "E" Height and area. He then gave their staff recommendations. Charles Sweeney,.attorney representing the petitioner, made the presentation for the bill. He indicated this rezoning would allow for parking of trucks on the lot immediately behind Aays's Rental. Council Member McGann mac a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 134 -80 A BILL APPROPRIATING $30,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE POLICE.FOOT PATROL PROGRAM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE POLICE DEPARTMENT. This being the time heretofore set for public hearing on the above bill, proponents and opp- onents were given an opportunity to be heard. Joseph Kernen, City Controller r, made the presentation for the bill. He indicated this appropriation would be used for overtime in the Police Department. He indicated this money is available.as a result of the return to th City of Revenue Sharing funds from the Century Center Board of Managers. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Kopezynski made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion carried. ATTEST: r CC' 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. Council President McGann presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 6860 -80 AN ORDINANCE APPROVING THE FORM AND TERMS OF A LOAN AGREEMENT, MORTGAGE AND NOTE, SECURITY AGREEMENT AND A TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 25 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION PERTAINING TO THE WILLIAM G. YORK AND GLORIA J. YORK PROJECT. This bill had second reading. Council Member Taylor made a motion to pass this bill, secondE by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6861 -80 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) (1022 NO. GEORGIANNA ST.) 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 Dombrowski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes, ORDINANCE NO. 6862 -80 AN ORDINANCE APPROPRIATING $30,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE POLICE FOOT PATROL PROGRAM, TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH THE POLICE DEPARTMENT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconder by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 836 -80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND TO BE URBAN DEVELOPMENT AREAS FOR PURPOSES OF REAL PROPERTY TAX ABATE- MENT AND A DETERMINATION OF THE PUBLIC UTILITY AND BENEFIT OF THE PROJECT-PROPOSED FOR TAX ABATEMENT CONSIDERATION, 305 W, JEFFERSON PROJECT. WHEREAS, the Common Council of the City of South Bend has adopted a Declaratory Resolution designating certain areas within the City as Urban Development Areas for purposes of tax abatement consideration; and WHEREAS, a Declaratory Resolution dessignating the area commonly known as 303 West Jefferson, SouthBend, Indiana, and legally described as: Part of Lot Numbered Three Hundred Ninety -six (396) as shown on the original plat of the town, now City of South Bend, described as beginning at the Southeast corner of said Lot Numbered Three Hundred Ninety -six (396); running thence N Crth on the East line of said Lot whichzis the_West__line of__.Lafayette_.Street, Forty -six (46) feet; thence West and parallel with the South line of said Lot Numbered Three Hundred Ninety -Six (396); Seventy -two (72) feet to the East line of a private alley Twelve (12) feet wide; thence South Forty -six (46) feet to the South line of said lot; thence East Sevety -two (72) feet to the place of beginnii is an Urban Development Area; and WHEREAS, the Area Plan Commission has submitted to the Council its written order approving the Declaratory Resolution to the Council; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council having been published pursuant to Indiana Code 18- 7 -7 -14; and REGULAR MEETING NOVEMBER 24 1980 REGULAR MEETING RECONVENED (CONTINUED WHEREAS, The Council held a public hearing for the pruposes of hearing persons in favor of the proposed project and those remonstrators who were opposed to the proposed project; and WHEREAS, the Council has determined the public utility and benefit of the project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby confirms its Declaratory Resolution de- signating the area described herein as an Urban Development Area for purposes of tax abatement consideration and confirms its determination of the project's public utility and benefit. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. Richard Mintz, attorney for the petitioner, indicated this had been before the Council before in the form of a declaratory.resolution. He indicated that Redevelopment and ARea Plan had given approval to this abatement. Council Member Voorde read the report from Area Plan. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Voorde. The resolution was adopted by a roll call vote of seven ayes and two nays (Council Members Beck and Crone.) RESOLUTION NO. 837 -80 A RESOLUTION FOR THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION FOR A GOVERNOR'S DISCRETIONARY GRANT, UNDER THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT, THROUGH THE INDIANA OFFICE OF OCCUPATIONAL DEVELOPMENT. WHEREAS, the City of South Bend, acting through the Office of the Mayor and the Common Council, has aggressively and successfully sought to improve South Bend's economy by initiating and supporting economic development projects which increase the City's tax base, job opportunities, and local incomes; and WHEREAS, the City of South Bend acting through the Office of the Mayor and Common Council, has aggressively and successfully sought out federal assistance to support local efforts and to supplement local resources; and WHEREAS, the purpose of the -- Governor's Discretionary Fund is to strengthen the links between economic development activities and CETA efforts to provide employment for low to moderate income persons; and WHEREAS, the City of South Bend would like to implement a development packaging and job targeting mechanism to be utilized principally in economic development activities that have a substantial.pot.ential for job creation; and WHEREAS, the Mayor is the chief executive officer of the City, and is the applicant for a Governor's Discretionary Grant through the Indiana Office of Occupational Develop- ment. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I: Hereby establishes the authority of the Mayor of the City of South Bend to submit an application for funds in the amount of Forty -two Thousand Six Hundred Twenty Dollars ($42,620.00) to the Governor's Discretionary Fund through the Indiana Office of Occupational Development, SECTION II. Hereby designates the Department of Redevelopment as the ADministrative Agent for the program. SECTION III. This resoluttion shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Patrick McMahon, Director of Public Works, indicated they were submitting an application for a $42,620 grant. He in- dicated that the Governor's Discretionary Fund was part of CETA.and was being used to strengthen the links between economic development activities and CETA efforts to provide employment for low to moderate income individuals. He indicated that Redevelopment intends to use the grant to provide staff and support services for the purpose of carrying out economic development activities which will create new jobs in the City. Council Member Kopczynski: made a motion to adopt this resolution, seconded by Council Member Crone. The resolution was adopted by a roll call vote of nine ayes. REGULAR MEETING NOVEMBER 24, 1980 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION.NO. 838 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH - BEND, INDIANA, APPROVING THE AWARD OF ONE NON - PROFIT GROUP GRANT IN EXCESS OF $5,000._00 FOR REHABILITATION WORK TO BE PERFORMED IN THE STRUCTURE AT 525 E. DUBAIL FUNDED THROUGH THE COMMUNITY DEVELOPMENT PROGRAM, AD- MINISTERED BY THE BUREAU OF HOUSING. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975; all contracts in excess of $5,000.00 must be approved by the Common Council; and WHEREAS, a Non - Profit Group Grant for rehabilitation work under the Community Development Housing Program has exceeded $5,000.00. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana. 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract in the amount of NINE THOUSAND NINE HUNDRED AND TWENTY FOUR DOLLARS ($9,924.00) with RENEW, INCORPORATED OF SAINT JOSEPH COUNTY FOR a non- profit group grant.through which they are to rehabilitate the following property. Lot numbered 48 as shown on the recorded Plat of Henry Studebaker's First Addition to the City of South Bend, commonly known as 525,E. Dubail 2. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its.approval by the Mayor of the City of South Bend, Indiana. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Kathy Baumgartner, Director of the Bureau of Housing, indicated this was for one non - profit group grant for a house located at 525 E. Dubail. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Serge. The bill passed by.a roll call vote of nine ayes. RESOLUTION NO. 839 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE AWARD OF SIX CONTRACTS IN EXCESS OF $5,000.00 FOR THE REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM THROUGH THE BUREAU OF HOUSING'S REHABILITATION GRANT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -85, passed by the South Bend Common Council of August 11, 1975, all contracts in excess of $5,000.00 must be approved by the Common Council and WHEREAS, low bids for the rehabilitation work under the Community Development Housing Rehabilitation Grant Program have exceeded $5,000.00., NOW, THEREFORE, BE IT RESOLVED by the Common council of the City of South Bend, Indi 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Mndiana to enter into a contract with the following contractors for the rehabilitati work on the following properties: 2. That this resolution shall be in full force and effect from and after its adopt- ion by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s/ Lewis A. McGann Member of the Common Council /A public hearing was held on the resolution at this time. Kathy Baumgartner- Director of the Bureau of Housing, indicated the resolution should be amended by correcting an address from 483 to 438 Harris. Council Member Taylor made a motion to amend the resolution, seconded by Council Member Dombrowski. The motion carried. Ms. Baumgartner indicated this resolution would allow for the rehabilitation work on six properties. Council Member Serge made a motion to adopt the resolution, as amended, seconded by Council Member Beck. The resolution was adopted by a roll call vote of nine ayes. BILL, FIRST READING BILL NO. 135 -80 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS WITHIN THE GENERAL FUND, PARK FUND, MOTOR VEHICLE HIGHWAY FUND, HUMAN RIGHTS FUND, SOLID WASTE FUND, WATER WORKS GENERAL FUND, SEWAGE WORKS OPERATIONS AND MAINTENANCE FUND, AND CENTURY CENTER OPERATIONS FUND. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading December 8, seconded by Council Member Taylor. Motion carried. a: DOLLAR AMOUNT REHABILITATION CONTRACTOR ADDRESS OF CONTRACT NUMBER Diedrich 513 S. Liberty $ 5,857.00 CD5 /PR /CS -1/7 Stickler 1305 W. Grace 8,311.00 CD5 /PR /CS -2/11 Plaia 2414 W. Grace 8,333.00 CD5 /PR /CS -2/12 Stickler 1010 E. fox 6,909.00 CD5 /PR /CS -2/17 Stickler 1149 E. Miner 8,220.00 CD5 /PR /CS -2/15 Wilton 438'Harris 16,670.00 CD5 /PR /CS -3/26 2. That this resolution shall be in full force and effect from and after its adopt- ion by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s/ Lewis A. McGann Member of the Common Council /A public hearing was held on the resolution at this time. Kathy Baumgartner- Director of the Bureau of Housing, indicated the resolution should be amended by correcting an address from 483 to 438 Harris. Council Member Taylor made a motion to amend the resolution, seconded by Council Member Dombrowski. The motion carried. Ms. Baumgartner indicated this resolution would allow for the rehabilitation work on six properties. Council Member Serge made a motion to adopt the resolution, as amended, seconded by Council Member Beck. The resolution was adopted by a roll call vote of nine ayes. BILL, FIRST READING BILL NO. 135 -80 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS WITHIN THE GENERAL FUND, PARK FUND, MOTOR VEHICLE HIGHWAY FUND, HUMAN RIGHTS FUND, SOLID WASTE FUND, WATER WORKS GENERAL FUND, SEWAGE WORKS OPERATIONS AND MAINTENANCE FUND, AND CENTURY CENTER OPERATIONS FUND. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading December 8, seconded by Council Member Taylor. Motion carried. a: REGULAR MEETING NOVEMBER 24, 1980 BILL NO. 136 -80 A BILL AMENDING CHAPTER 21, SECTION 21 -88 OF THE MUNICIPAL CODE OF SOUTH BEND, OFF STREET PARKING AND LOADING FACILITIES, CHANGE IN USE. This bill had first reading.- Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 137 -80 A BILL APPROPRIATING $25,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR ECONOMIC DEVELOPMENT PLANNING FOR THE STUDEBAKER INDUSTRIAL CORRIDOR TO BE ADMINISTERED BY THE CITY This bill had first OF SOUTH BEND THROUGH reading. Council Member ITS DIVISION OF COMMUNITY DEVELOPMENT. public hearing and second reading December Taylor made a motion to set 8, seconded by Council Member this bill for motion carried. Dombrowski. The BILL NO. 138 -80 A BILL TRANSFERRING $6,823.59 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE CITY CLERK'S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. C This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading December 8, seconded by Council Member Taylor. The motion carried, BILL NO. 139 -80 A BILL APPROPRIATING ADDITIONAL OPERATIONS FUNDS IN THE AMOUNT OF $12,902.00 FOR THE CALENDAR YEAR 1980, FROM THE SEWAGE WORKS OPERATIONS AND MAINTENANCE FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE BUREAU OF SEWERS. This bill had first reading. Council Member Taylor made a motion to set the bill for public hearing and second reading December 8, seconded by Dombrowski. The motion carried. (BILL NO. 140 -80 A BILL APPROPRIATING ADDITIONAL OPERATING FUNDS IN THE AMOUNT OF $44,469.0.0 FOR THE CALENDAR YEAR 1980, FROM THE SOLID WASTE FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE BUREAU OF SOLID WASTE. This bill had first reading. Council Member Beck make a motion to set this bill for public hearing and second reading December 8, seconded by Council Member Taylor. The motion carried UNFINISHED BUSINESS: Reports from Area Plan - Bill No. 101 -80, Cleveland and Maple; Bill No. 117 -80, 1809 E. Ireland ; Bill No. 118 -80, 2530 W: Kenwood; Bill No. 131 -80, Historic Landmark - 121 N. Studebaker. Council Member Taylor made a motion to set these bills for public hearing and second reading December 8, seconded by Council Member Beck. The motion carried. Report from Area Plan - Bill No. 119 -80, 1129 Hickory. Council Member Taylor made a motion to set this bill for public hearing and second reading January 12, 1981, seconded by Council Member Beck. The motion carried. NEW BUSINESS: Council Member Serge asked that a letter be sent to the Park Department to put more water in the Pinhook Park pond, to protect the fish eggs. There being no further business to come before the Council unfinished or new, Council Member Dombrowski made a motion to adjourn, seconed by Council Member Crone. The motion carried and the meeting was adjourned at 7:35 p.m. ATTEST: f APP VED: CIT CLERK PRESIDENT