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HomeMy WebLinkAbout09-28-81 Council Meeting MinutesREGULAR MEETING SEPTEMBER 28, 1981 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, September 14, 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, Zielinski, Crone, Dombrowski, 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 res- pectfully report that it has inspected the minutes of the August 24, August 31, and September 14, 1981, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Lewis A. McGann /s/ Beverly D. Crone Council Member Serge made a motion that the minutes of the August 24, August 31, and September 14, meetings of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. i• K • Council Member Crone indicated that the Personnel & Finance Committee had met on the utility budget and recommended amendments are on file with the City Clerk. Council Member Voorde indicated that the Human Resources & Economic evelopment Committee had met to consider the petition for tax abatement for 121 -127 N. St. Peter. He indicated that the committee concurred with Redevelopment that this property not be declared an urban development area. 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, September 14, at 7:03 p.m., with nine members present. Chair- man Voorde presiding. REGULAR MEETING SEPTEMBER 284 1981 BILL NO. 85 -81 A BILL APPROVING THE FORM AND TERMS OF INDENTURE OF TRUST AND LOAN AGREEMENT, INDUSTRIAL DEVELOPMENT REVENUE BONDS, NOTE, REAL ESTATE MORTGAGE AND GUARANTY AND AUTHORIZING THE EXECUTION OF INDENTURE OF TRUST, LOAN AGREEMENT AND INDUSTRIAL DEVELOPMENT REVENUE BONDS AND APPROVING RESOLUTION NO. 11 -81 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND THE FILING OF A STATEMENT PURSUANT TO THE INTERNAL REVENUE CODE RELATING TO THE SCHAFER GEAR WORKS, INC. PROJECT. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this $250,000 bond issue would be used to finance the installation and construction of an expansion to the main plant building. He indicated that approximately 31 jobs will'be created. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Zielinski. The motion carried. BILL NO. 82 -81 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 (1005 WEST WASHINGTON STREET.) Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Oxian, Vice President of the Historic Preservation Commission, made the presentation for the bill. He indicated this home was both architectual and historically significant. He indicated this home was built in 1882. John Mullins, the owner, gave the history of the home. Council member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 81 -81 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1982 AND ENDING DECEMBER 31, 1982, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Joseph Kernan, City Controller, made the presentation for the bill. He indicated this bill address the monies to be appropriated for the utility and parking garage budgets of the City. He indicated there was a list of amendments on file with the City Clerk. He said there were six amendments and the Administration would concur that the one line item be increased. Council Member Crone made a motion to amend Bill No. 81 -81, per written document with the City Clerk, -which reflects the City Administration's increase in a specific line item and decreases as agreement upon by the City Administration and Personnel & Finance Committee, seconded by Council Member Dombrowski. The motion carried. Council President McGann made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zielinski. The motion carried. BILL NO. 89 -81 A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 6881 -81 AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY IN ORDER TO PROVIDE FUNDS FOR VARIOUS PURPOSES. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Joseph Kernan, City Controller, made the presentation for the bill. He indiated this bill would amend Oridnance No. 6881 -81, which authorized the issuance and sale of the general obligation bond. He indicated that the amendments reflect the decrease in the bond to $3,215,000. He indicated that the maximum allowable interest rate has been amended to 15 %, because of-the changes in the bond market since original passage. He indicated they hoped to be in a position to be able to sell the bonds toward the end of October. Pat Miller, 2213 Lincoln Way West; Jane Swan, 1706 S. Walnut; Dominic DaCasta, 754 N. Cottage Grove, spoke in favor of this reduced bond. Council Member Zielinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. BILL NO. 90 -81 A BILL APPROPRIATING $15,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 813, CLYDE CREEK DRAINAGE STRUCTURE REPAIR, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. David Wells, Manager of the Bureau of Design and Administration, made the presentation for the bill. He indicated this proposed appropriation would be used for the repair of the Clyde Creek Drainage Structure He indicated that Clyde Creek was damaged by recent storms and is in need of permanent repairs. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 91 -81 A BILL APPROPRIATING $71,158.00 FROM THE INDIANA STATE DEPARTMENT OF COMMERCE FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF ECONOMIC DEVELOPMENT GRANTS PROGRAM, FOR THE PROGRAM YEAR BEGINNING OCTOBER 1, 1981 AND ENDING SEPTEMBER 30, 1982, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND RE- DEVELOPMENT. REGULAR MEETING SEPTEMBER Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Patrick McMahon, Director of Redevelopment, made the presentation for the bill. He indicated that the City was successful in its application to the Department of Commerce of the State of Indiana for certain economic development funds. He indicated this grant was discussed in detail with the Council recently, and he asked for the Council's support in the passage of this bill. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Crone. The motion carried. BILL NO. 92 -81 A BILL APPROPRIATING $58,095.00 FROM THE LOCAL EQUAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Johnson, Director of Human Rights, made the presentation for the bill. He indicated that the Commission has a contract with the Federal Equal Employment Opportunity Commission, and under the contract the Commission receives funds from the Federal agency for investigating charges of employment discrimination. He indicated this appropriation would be used for the expenses of the Commission. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Crone. The motion carried. There being no further business to Member Taylor made a motion to rise Member Crone. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED come before the Committee of the Whole, Council and report to the Council, seconded by Council ATTEST: it an 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 7:35 p.m. Council President McGann presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 6962 -81 AN ORDINANCE APPROVING THE FORM AND TERMS OF INDENTURE OF TRUST AND LOAN AGREEMENT, INDUSTRIAL DEVELOPMENT REVENUE BONDS, NOTE, REAL ESTATE MORTGAGE AND GUARANTY AND AUTHORIZING THE EXECUTION OF INDENTURE OF TRUST, LOAN AGREEMENT AND INDUSTRIAL DEVELOPMENT REVENUE BONDS AND APPROVING RESOLUTION NO. 11 -81 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND THE FILING OF A STATEMENT PURSUANT TO THE INTERNAL REVENUE CODE RELATING TO THE SCHAFER GEAR WORKS, INC. PROJECT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6963 -81 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 (1005 WEST WASHINGTON STREET.) This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6964 -81 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1982 AND ENDING DECEMBER 31, 1982, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Taylor made a motion to amend the 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. 6965 -81 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 6881 -81 AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY IN ORDER TO PROVIDE FUNDS FOR VARIOUS PURPOSES. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6966 -81 AN ORDINANCE APPROPRIATING $15,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 813, CLYDE CREEK DRAINAGE STRUCTURE REPAIR, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. REGULAR MEETING SEPTEMBER 28, 1981 ORDINANCE NO. 6967 -81 AN ORDINANCE APPROPRIATING $71,158.00 FROM THE INDIANA STATE DEPARTMENT OF COMMERCE FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF ECONOMIC DEVELOPMENT GRANTS PROGRAM, FOR THE PROGRAM YEAR BEGINNING OCTOBER 1, 1981 AND ENDING SEPTEMBER 30, 1982, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND RE- DEVELOPMENT. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6968 -81 AN ORDINANCE APPROPRIATING $58,095.00 FROM THE LOCAL EQUAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. 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 nine ayes. RESOLUTIONS RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 121 -27 NORTH ST. PETER STREET AS AN URBAN DEVELOPMENT AREA FOR PURPOSES OF TAX ABATEMENT CONSIDERATION. Council Member Voorde indicated that the Human Resources Committee had recommended that this property not be declared an urban development area. Council Member Taylor made a motion to strike this resolution, seconded by Council Member Dombrowski. The motion carried. RESOLUTION NO. 910 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF TWO CONTRACTS IN EXCESS OF $10,000.00 FOR THE REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM THROUGH THE BUREAU OF HOUSING'S 312 LOAN PROGRAM. WHEREAS, low bids for the rehabilitaltion work under the Community Development Section 312 Loan Program. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana; 1. That approval be granted to the Redevelpment Commission of the City of South Bend, Indiana, to enter into a contract with the following contractor for the rehabilitat work on the following poperty: DOLLAR AMOUNT APPLICATION CONTRACTOR ADDRESS OF CONTRACT NUMBER Shamrock Exteriors 812 Diamond Ave. $12,580.00 18/OMC- 0011/315/1 Wilton Construction 617 S. Columbia $10,135.00 18 /OMC- 0011/304/1 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/ Beverly D. Crone 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 they were requesting Common Council approval for the award of these two contracts in excess of $10,000. She indicated these properties were being rehabiitated through the Section 312 Loan Program. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution passed by a roll call vote of nine ayes. RESOLUTION NO. 911 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $10,000.00 FOR THE REHABILITATION WORK IN THE COMMUNITY DEVELPMENT PROGRAM THROUGH THE BUREAU OF HOUSING'S REHABILI- TATION GRANT PROGRAM. WHEREAS, low bids for the rehabilitation work under the Community Development Housing Rehabilitaltion Grant Program have exceeded $10,000.00. 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 with the following contract for the rehabilitaltion work on the following property. >n •ISP REGULAR MEETING SEPTEMBER 28, 1981 DOLLAR AMOUNT REHABILITATION CONTRACTOR ADDRESS OF CONTRACT NUMBER Charles Brown Maint. 701 S. Bendix $10,873.00 CD5 /PR /CS -2/13 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/ BEVERLY D. Crone Member of the Common Council A public hearing was held on the resolution at this time. Kathy Baumgartner, Director of the Bureau of Housing, made the presentation for the bill. She indicated they were requesting Council approval for the award of this contract in excess of $10,000. She indicated this property was being rehabilitated through the Grant Program. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Crone. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 93 -81 A BILL APPROVING THE FORM AND TERMS OF TRUST INDENTURE AND USER AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 7 -81 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE AUTOMATIC MOLDED PLASTICS, INC., PROJECT. This bill had first public hearing and The motion carried. BILL NO. 94 -81 reading. Council Member Serge made a motion to set this bill for second reading October 12, 1981, seconded by Council Member Beck. A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 7, COMMONLY KNOWN AS SEWER SERVICE FUND AND CHARGES. This bill had first reading. Council Member Crone made a motion to refer this bill to the Utility and Personnel & Finance committees, and set this bill for public hearing and second reading October 12, 1981, seconded by Council Member Dombrowski. The motion carried. BILL NO. 95 -81 A BILL AMENDING CHAPTER 20, ARTICLE 3, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA ENTITLED ABANDONED VEHICLES. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading October 12, 1981, seconded by Council Member Dombrowski. The motion carried. BILL NO. 96 -81 This bill had first public hearing and The motion carried. BILL NO. 97 -81 This bill had first public hearing and The motion carried. BILL NO. 98 -81 This bill had first public hearing and The motion carried. BILL NO. 99 -81 A BILL APPROPRIATING $25,000 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE COMMUNITY ORIENTED POLICING PROGRAM TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA THROUGH THE POLICE DEPARTMENT. reading. Council Member Beck made a motion to set this bill for second reading October 12, 1981, seconded by Council Member Crone. A BILL ESTABLISHING A SERVICE FEE OF THREE DOLLARS ($3.00) FOR POLICE DEPARTMENT ACCIDENT REPORTS. reading. Council Member Beck made a motion to set this bill for second reading October 12, 1981, seconded by Council Member Crone. A BILL ESTABLISHING A FIREARMS TRAINING FUND. reading. Council Member Crone made a motion to set this bill for second reading October 12, 1981, seconded by Council Member Voorde. A BILL APPROVING THE AWARD OF A CONTRACT IN THE AMOUNT OF $24,796.00 TO LAYNE NORTHERN, INC., FOR IMPROVEMENTS TO THE RIVER COMMONS SYSTEM. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading , seconded by Council Member Dombrowski. The motion carried. Ir G REGULAR MEETING SEPTEMBER 28, 1981 PRIVILEGE OF THE FLOOR Pat Miller, 2213 Lincoln Way West, spoke against excessive spending in the City. Mike Waite, 1236 Vassar, indicated that the Administration should not reduce the fire and police departments everything there is a financial crisis. Dominc DaCasta, 754 Cottage Grove, indicated there are 100 firefighters eligible for retirement, and the pension fund was not adequate. Council Member Beck indicated that the real waste in the CIty is in the school system. II NEW BUSINESS Vacation Petition - Euclid Park Addition and Sunnymede Ave. Council Member Crone made a motion to refer these petitions to the Public Works Committee and notify the petitions of the delay in handling this mattter, in order that a procedure can be established, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member_ Dombrowski made a motion to adjourn, seconded by Council Member Zielinski. The motion carried and the meeting was adjourned at 8:10 p.m. ATTEST: APPIVED: �� ' City Clerk Pre ident ua..c..t. 4. 4.4- .4. a' s ti P 4 +4.. ..r.... .. *.......