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:
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