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HomeMy WebLinkAbout10-12-81 Council Meeting MinutesREGULAR MEETING OCTOBER 12, 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, October 12, 1981, 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 September 28, 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 September 28, 1981, meet- ing of the Council be accepted and placed on file, seconded by Council Member Dom- browski. The motion carried. SPECIAL BUSINESS Council Member Voorde made a motion to appoint Edward C. Levy to the Human Rights Commission, to fill the unexpired term of Isadore Rosenfeld, seconded by Council Member Taylor. The motion carried. REPORTS Council Member Zielinski read the Utilities Committee Report on Bill No. 94 -81. He indicated that the committee gave a favorable recommendation. Council Member Voorde indicated that the resolution for tax abatement at 1120 W. Sample was being continued until October 26, as the petitioners were not notified of the committee meeting. Council Member Serge indicated that the Public Works Committee had met regarding Bill No. 95 -81, and recommended it favorable. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Beck. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Com- mittee of the Whole on Monday, October 12, 1981, at 7:11 p.m., with nine members present. Chairman Voorde presiding. BILL NO. 93 -81 A BILL APPROVING THE FORM AND TERMS OF TRUST INDENTURE AND USER AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL DEVELOP- MENT 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. Council President McGann made a motion to continue public hearing on this bill until October 26, seconded by Council Member Dombrowski. The motion carried. BILL NO. 94 -81 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. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Crone made the pre- sentation for the bill. She indicated that this bill amends the charge from seventy - five cents to twenty -five cents, and amends the month report to a quarterly report from the Board of Wastewater Commissioners. She indicated that after looking at the total in the account and the monies that are being expended, this charge could be reduced to twenty -five cents effective November 1, 1981, and the account should still be adequately funded for the year 1982. She indicated this was a dedicated fund, and any excess money in this account cannot be used for any other purpose, therefore, there is no reason to continue to build -up this account at the expense of the tax - payer. She indicated that the Council can review this at the end of next year and either change the amount of the deductible or increase the amount of the rate. Jane Swan, 1706 S. Walnut, spoke in favor of this bill. Mike McFarland, 1733 O'Brian, indicated that twenty -five cents was too low. Council Member Szymkowiak made a mo- tion to recommend this bill to the Council favorable, seconded by Council member Dombrowski. The motion carried. REGULAR MEETING OCTOBER 12F 1981 BILL NO. 95 -81 A BILL AMENDING CHAPTER 20, ARTICLE 3, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA ENTITLED ABANDONED VE- HICLES. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathy Bernard, Director of Neigh- borhood Code Enforcement, made the presentation for the bill. She indicated this bill would incorporate into the Municipal Code provisions of the newly enacted State legislation. She indicated that the Board of Public Works will be the agency res- ponsible for the removal, storage and disposal of abandoned vehicles rather that the Board of Public Safety. She indicated that only vehicles that are six years or more model years old and mechanically inoperable and left on private property visible from public property for more than thirty days can be towed. She indicated that vehicles may be disposed of within fifteen days from the date of mailing of a notice to the vehicle owner concerning the impounded vehicles. Council Member Szymkoiwak made a motion to recommend this bill to the Council favorable, seconded by Council President McGann. The motion carried. BILL NO. 96 -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 DE- PARTMENT. 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 of this bill. He indicated this appropriation would provide monies to equip the three police sub - stations that will be a part of the Community Oriented Police Program. Pat Miller, 2213 Lincoln Way West, spoke against this bill. Jane Swan, 1706 S. Walnut, asked if this appropriation was to cover the items bid at the Public Works meeting. Mr. Kernan Indicated it was. Council Member Szymkowiak made a motion to recommend this bill to the Council favor- able, seconded by Council Member Taylor. The motion carried. BILL NO. 97 -81 A BILL ESTABLISHING A SERVICE FEE OF THREE DOLLARS ($3.00) FOR POLICE DEPARTMENT ACCIDENT REPORTS. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Eugenia Schwartz, Assistant City Attorney, made the presentation for the bill. She indicated that effective September 1, the State requires that the Common Council pass an ordinance setting a service fee of at least $3 per report. She indicated this bill would bring the City into com- plaince with that statute. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 98 -81 A BILL ESTABLISHING A FIREARMS TRAINING FUND. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Eugenia Schwartz, Assistant City Attorney, made the presentation for the bill. She indicated this bill establishes a firearms training fund, into which all fees collected for handgun icense applications will be deposited. She indicated the establishment of the fund and the use of the monies follows the requirements of State law. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO.99 -81 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. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Michael Vance, Director of Utili- ties, made the presentation for the bill. He indicated these improvements were nec- essary in order to increase the water pressure in the area. He indiated while the water pressure is adequate many portions of the year, it is not adequate to provide good fire protection during the summer months. Pat Miller, 2213 Lincolnway West, spoke against this bill. Dominic DaCasta, 754 N. Cottage Grove, spoke against this bill. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. ATTEST: ATTEST: City Clerk 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 7:55 p.m. Coun- cil President McGann presiding and nine members present. E REGULAR MEETING OCTOBER 12, 1981 BILLS, SECOND READING BILL NO. 93 -81 A BILL APPROVING THE FORM AND TERMS OF TRUST INDENTURE AND USER AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL DEVELOP- MENT 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. Council Member Taylor made a motion to continue public hearing and second reading on this bill to October 26, 1981, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6970 -81 AN ORDINANCE 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. 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. 6971 -81 AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 3, OF THE MUNICI- PAL CODE OF THE CITY OF SOUTH BEND, INDIANA ENTITLED ABAN- DONED VEHICLES. Council Member Beck made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6972 -81 AN ORDINANCE APPROPRIATING $25,000 FROM THE FEDERAL ASSIS- TANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE COMMUNITY ORIENTED POLICING PROGRAM TO BE ADMINIS- TERED BY THE CITY OF SOUTH BEND, INDIANA THROUGH THE POLICE DEPARTMENT. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6973 -81 AN ORDINANCE ESTABLISHING A SERVICE FEE OF THREE DOLLARS ($3.00) FOR POLICE DEPARTMENT ACCIDENT REPORTS. This bill had second reading. Council Member Taylor 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. 6974 -81 AN ORDINANCE ESTABLISHING A FIREARMS TRAINING FUND. This bill had second reading. Council Member Taylor 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. 6975 -81 AN ORDINANCE 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 second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 913 -81 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO: JEFFRY S. BEARDSLEY /BERNELL CORPORATION PRO- JECT. WHEREAS, at the present time there are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the City of South Bend, Indiana (the "City'); and WHEREAS, the economic welfare of the City would be benefited by the acquisition of economic development facilities in the City pursuant to the provisions of Indiana Code 18 -6 -4.5 (the "Act "); and WHEREAS, Jerry S. Breardsley proposes to acquire economic development facilities to be located in the City as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an ap- plication by Jeffry s. Beardsley for the issuance of City of South Bend Economic Development Bonds in an amount not to exceed Three Hundred Thousand ($300,000.00) Dollars repayable over a twelve (12) year period with interest thereon at a rate consistent with interest rates generally paid on tax - exempt bonds at the time the bonds are issued in order to purchase equipment to be leased to Bernell Corporation, and Indiana domestic corporation, resulting in an increase of approximately ten (10) additional employees by 1984 by the principal user with an increased annual payroll of approximately Five Hundred Fifty -two Thousand ($552,000.00) Dollars per year. NOW, THEREFORE, the Common Council of the City of South Bend, Indiana, resolves as follows: REGULAR MEETING OCTOBER 12_,_1981 1. The project constitutes economic development facilities which shall be fi- nanced by the City through the issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately Three Hundred Dollars ($300,000.000) Dollars of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the ity and will comply with the purposes and provisions of the Act. 3. Jeffry S. Beardsley may proceed with acquisition of the economic development facilities in reliance upon this resolution. 4. That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the city of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such Bonds, and the South Bend Economic Development Commission and,the City of South Bend, Indiana, their officers or agents, shall not incur any liability if for any reason the proposed issuance of such bonds is not consumated. This Inducement Resolution shall be in full foirce 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. Kenneth Fedder, attorney for the Economic Development Commission, indicated this proposed $300,000 bond issue, to purchase real estate and construction of a new facility in the 800 block of Lin - colnway East. He indicated their present facility is located at 422 East Monroe and is being purchased in the Monroe - Sample Redevelopment Program. He indicated with the new facility they will retain the 27 jobs already involved, and hope to create an addition 5 jobs. Council Member Serge made a motion to adopt this resolution, se- conded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 1120 WEST SAMPLE STREET, SOUTH BEND, INDIANA AS AN URBAN DEVELOPMENT AREA FOR PURPOSES OF TAX ABATEMENT CONSIDERA- TION. Council Member Voorde made a motion to continue public hearing on this resolution to October 26, 1981, seconded by Council Member Crone. The motion carried. BILLS, FIRST READING ORDINANCE NO. 6976 -81 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 18, BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED PROCEDURES FOR STREET AND ALLEY VACA- TIONS. This bill had first reading. Council Member Dombrowski made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Beck. The motion carried on a roll call vote of nine ayes. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathleen Cekanski- Farrand, Council attorney made the presentation for the bill. She indicated the bill should be amended in Section 18 -53.9, paragraph (b) to read: The City Clerk shall simultaneously refer a copy of the Petition for Vacation to the Board of Public Works for their written review and recommendation.; Section 18 -53.10 paragraph (a) should read: Within thirty (30) days of the filing of a Petition for Vacation with the City Cerk, the Common Council shall hold a public hearing on said petition. The Council shall consider and review all reports received from the Engineering Department, and the Board of Public Works. Council Member Taylor made a motion to amend the bill, seconded by Council Member Beck. The motion carried. Council Member Crone made a motion to add Board of Public Works in Section 18- 53.10, paragraph (d), seconded by Council Member Beck. The mo- tion carried. 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. BILL NO. 101 -81 A BILL APPROPRIATING $79,000.00 FROM THE ZOO ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILDLIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading October 26, seconded by Council Member Dom- browski. The motion carried. BILL NO. 102 -81 A BILL APPROPRIATING $540,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 89, COLFAX AVENUE BRIDGE, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading October 26, and refer it to the Public Works Com- mittee, seconded by Council Member Dombrowski. The motion carried. jFLE REGULAR MEETING OCTOBER 12, 1981 BILL NO. 102 -81 A BILL APPROPRIATING $540,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 89, COLFAX AVENUE BRIDGE, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading October 26, and refer it to the Public Works Com- mittee, seconded by Council Member Dombrowski. The motion carried. BILL NO. 103 -81 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (MONROE- SAMPLE DEVELOPMENT AREA). This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 104 -81 A BILL APPROPRIATING THE SUM OF $19,928.04 FROM THE CUMULA- TIVE SEWER BUILDING AND SINKING FUND TO THE GENERAL IMPROVE- MENT FUND. 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. 105 -81 A BILL APPROPRIATING $112,504.00 TO THE BUREAU OF SEWERS BUDGET LINE ITEM ACCOUNTS: EQUIPMENT REPAIR, OTHER CON- TRACTUAL, OTHER GARAGE & MOTOR, SALT AND OTHER MATERIAL. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading October 26, seconded by Council Member Dombrowski. The motion carried. BILL NO. 106 -81 A BILL APPROPRIATING $39,958.00 TO HELP DEFRAY THE EXPENSES OF THE FIRST BANK CENTER PROJECT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ECONOMIC DEV- ELOPMENT AND REDEVELOPMENT. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading October 26, and refer it to the Public Works Com- mittee, seconded by Council Member Voorde. The motion carried. 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. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading October 26, seconded by Council Member Taylor. The motion carried. 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. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading October 26, seconded by Council Member Taylor. 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. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading October 26, seconded by Council Member Taylor. The motion carried. BILL NO. 110 -81 A BILL APPROVING THE INTERLOCAL COOPERATION AGREEMENT BET- WEEN THE CITY OF SOUTH BEND, INDIANA, AND ST. JOSEPH COUNTY, INDIANA, FOR CONSTRUCTION AND MAINTENANCE OF MAPLE ROAD. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading October 26, seconded by Council Member Dombrowski. The motion carried. Council Member Voorde made a motion to chang 81 to the Human Resources Committee, seconde rAYY;oA e the committee referral on Bill No. 106 - d by Council Member Serge. The motion Council Member Dombrowski made a motion to refer Bill No. 107 -81 and Bill No. 108 -81 to the Utility Committee, and asked that the bills be redrafted to proper form, se- conded by Council Member Taylor. The motion carried. �� Ir PRIVILEGE OF THE FLOOR Pat Miller, 2213 Lincoln Way West, questioned the appropriation of the funds for the ethanol plant. Glendarae Hernandez, 702 E. South, presented a petition to the City Clerk urging the Common Council to adopt the proposal of the Citizens' Committee to incorporate the Southeast Neighborhood within a single district. Bob Cloud, 1306 N. Kaley, indicated that the Southeast Neighborhood should be in one district. Oscar Brookins, 701 W. LaSalle, indicated that the Virginia Tutt Library should not be moved south of Ireland Road. Council Member Beck-indicated that the library should not be moved south of Ewing Street. Council Member Taylor said he was in favor of the Southeast Neighborhood being con - tained in one district. UNFINISHED BUSINESS Council Member Serge made a motion to set the bill for alley vacation on Clover Street for public hearing and second reading October 26, seconded by Council Member Beck. The motion carried. There being no further business to come before the Council, unfinished or new, Coun- cil Member Taylor made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 8:23 p.m. ATTEST: City Clerk APP OVED: resident ��°''