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HomeMy WebLinkAbout03-22-82 Council Meeting Minutess REGULAR MEETING MARCH 22,1982 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, March 22, 1982, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Szymkowiak Beck, Taylor, Zielinski, Crone, Dombrowski, Voorde and McGann Absent: Council Member Serge 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 March 15, 1982, 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 Dombrowski made a motion that the minutes of the March 22, 1982, meet- ing of the Council be accepted and placed on file, seconded by Council Member Beck. The motion carried. REGULAR MEETING MARCH 22, 1982 REPORTS Council Member Voorde called a meeting of the Human Resources and Economic Develop- ment Committee for Wednesday, March 24, at 4:30 p.m., to discuss the 1982 -83, Com- munity Development proposed program, specifically the designation of the boundaries. Council Member Beck indicated that the Residential Neighborhood Committee had met rgarding closing of an alley for the River Park Brach Library. Council Member Crone indicated that the Personnel & Finance Committee had met regard- ing Bill No. 27 -82. She indicated there would be an amendment from the floor, and with the amendment the committee recommended the bill 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, March 22, 1982, at 7:09 p.m., with nine members pre- sent. Chairman Voorde presiding. BILL NO. 24 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST /WEST ALLEY IN THE BLOCK BOUNDED BY MIAMI ST., ON THE EAST; EWING AVE., ON THE SOUTH; FOX STREET ON THE NORTH; AND THE FIRST NORTH /SOUTH ALLEY WEST OF MIAMI STREET ON THE WEST. BILL NO. 25 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH /SOUTH ALLEY BOUNDED BY MISHAWAKA AVE., ON THE NORTH, 21ST STREET ON THE EAST, 20TH STREET ON THE WEST, AND THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVE., ON THE SOUTH. Council Member McGann made a motion to combine public hearing on these two bills, seconded by Council Member Dombrowski. The motion carried. Now is the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Jack Dunfee, attorney representing the petitioner, made the presentation for the bill. He indicated these vacations would allow the building of branch libraries. He indicated that neither library could be built without the vacation of these alleys. Don Napoli, library dirctor, indicated they are trying to move out of rented facilities into buildings that are move energy efficient. Russell Fisher, attorney representing Lynn Hoover, an adjoin- ing property owner, spoke in favor of the River Park vacation and read lettters from immediate property owners in favor of the vacation. Lester Vanderwalle, 933 21st; Marilyn Flory, 945 21st; Tracy Maxey, 921 S. 21st; Jay Collins, 920 S. 20th; and Mary Porden, 938 20th; spoke against.-the closing of the alley in River Park. A petition was presented against the closing of this alley. BILL NO. 27 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 7, OF THE MUNI- CIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY KNOWN AS BUDGET- ARY PROCEDURES. 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 made a motion to amend this bill, as discussed in the informal meeting and given to the City Clerk, seconded by Council Member McGann. The motion carried. She indicated this bill would amend the present Budgetary Procedures passed by the Council last year. She indicated that at the time they passed this last year, they stipulated they would review it and see if there were any areas that were not necessary, or areas that should be clarified. She indicated this bill is an attempt to further improve the ordinance. She indicated that this bill contains a request for prior year actual disbursements; the employee classifications have been eliminated. Mayor Parent indicated there was no need for the amendment in Section 2- 91 (a) since this was already being done and is required by State law. He indicated that paragraph (b) would be most damaging to the City. He indicated when you start asking for notice of reclassification of jobs or positions you are forcing department heads to consider political ramifications of their actions. He indicated that by removing the General Classification Section in the salary ordinance, this ordinance will be very large. John Leszczynski, Director of Public Works, spoke against pas- sage of this bill. Joseph Kernan, City Controller, indicated he could support Sec. 2 -87 and 2 -88 of the amendment, but he did not agree with Sec. 2 -91 and 2 -92. Coun- cil Member Taylor spoke against passage of this bill. He indicated it would not benefit the employees of the City. Council Member Szymkowiak made a motion to table this bill, seconded by Council Member Taylor. The motion failed on a roll call vote of two ayes (Council Member Szymkowiak and Taylor) and six nays. Council Member McGann made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING MARCH 22, 1982 BILL NO. 29 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PARTS OF CHAPTER 6, ARTICLE 1, SECTION 6 -4 PERMIT FEES, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. Now is the time heretofore set for public hearing opponents were given an opportunity to be heard. Public Works, made the presentation for the bill. the fee schedule for new construction. Council M mend this bill to the Council favorable, seconded motion carried. There being no further business to come Member Taylor made a motion to rise and Member Dombrowski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED on the above bill, proponents and John Leszczynski, Director of He indicated this would increase ember McGann made a motion to recom- by Council Member Dombrowski. The before the Committee of the Whole, Council report to the Council, seconded by VCouncil ATTEST: it 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 9:02 p.m. Council President McGann presiding and eight members present. Council Member Szymkowiak made a motion to recess, seconded by Council member Taylor. The motion carried and the meeting was recessed at 9:02 and reconvened at 9:10 p.m. BILLS, SECOND READING ORDINANCE NO. 7040 -82 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST /WEST ALLEY IN THE BLOCK BOUNDED BY MIAMI ST., ON THE EAST; EWING AVE., ON THE SOUTH; FOX STREET ON THE NORTH; AND THE FIRST NORTH /SOUTH ALLEY WEST OF MIAMI STREET ON THE WEST. This bill had second reading. Council Member Voorde made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7041 -82 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH /SOUTH ALLEY BOUNDED BY MISHAWAKA AVE., ON THE NORTH, 21ST STREET ON THE EAST, 20TH STREET ON THE WEST, AND THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVE., ON THE SOUTH. 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. 7042 -82 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ART- ICLE 7, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY KNOWN AS BUDGETARY PROCEDURES. This bill had second reading. Council Member Dombrowski 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 Dombrowski made a motion to pass the bill, as amended, seconded by Council Member Crone. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7043 -82 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PARTS OF CHAPTER 6, ARTICLE 1, SECTION 6 -4 PERMIT FEES, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Voorde made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes RESOLUTIONS RESOLUTION NO. 949 -82 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA: RELATING TO BEST PRODUCTS, INC., PROJECT. WHEREAS, the Common Council of the City of authorized by I.C. 36 -7 -12 (the "Act ") to issue economic development facilities, the funds from acquisition, construction and equipping of said either sold or leased to a company or directly South Bend, Indiana (the "Issuer ") is revenue bonds for the financing of said financing to be used for the facilities, and said facilities to be owned by a company; and REGULAR MEETING MARCH 22, 1982 WHEREAS, Best Products Co., Inc. (the "Applicant ") has advised the South Bend Economic Development Commission (the "Commission ") and the Issuer that it proposes that the Issuer either acquire, construct and equip an economic development facility and sell or lease the same to the Applicant or loan proceeds of an economic develop- ment financing to the Applicant for the same, said economic development faility to be a 40,000 to 67,000 square foot catalog distribution center facility, including the real estate on which it is located and the machinery and equipment to be installed therein, to be located in or near South Bend, Indiana, on a site to be mutally agreed upon by the Issuer and the Applicant, though the exact located of the facilities has not yet been determined ( "Project "); and WHEREAS, the diversification of industry and increase in job opportunities (90 full -time and 170 part -time new jobs) to be achieved by the construction and equip- ping of the Project will be of public benefit to the health, safety and general wel- fare of the Issuer and its citizens; and WHEREAS, having received the advice of the South Bend Economic Development Com- mission, it would appear that the financing of the Project would be of public benefit to the health, safety and general welfare of the Issuer and its citizens; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of SuthBend as follows: 1. The Common Council of the City of South Bend finds, determines, ratifies and confirms that the promotion of diversification of economic development and job opportunities in and near South Bend, Indiana, is desirable to preserve the health, safety and general welfare of the citizens of the Issuer; and that it is in the public interest that the Commission and the Issuer take such action as they lawfully may to encourage economic development, diversification of industry and promotion of job opportunities in and near the Issuer. 2. The Common Council of the City of South Bend approves, determines, ratifies and confirms that the issuance and sale of economic development revenue bonds in an amount of approximately $6,000,000 of the Issuer under the Act for the ac- quisition, construction and equipping of the Project and the sale or leasing of the Project to the Applicant or the loan of the proceeds of the revenue bonds to the Applicant, will serve the public purposes referred to above, in accordance with the Act. 3. In order to induce the Applicant to proceed with the acquisition, construc- tion and equipping of the Project, the Common Council of the City of South Bend hereby approves, determines, ratifies and confirms that (i) it will take or cause to be taken such actions pursuant to the Act as may be required to imple- ment the aforesaid financing, or as it may deem appropriate in pursuance thereof; provided tht all of the foregoing shall be mutually acceptable to the Issuer and the Applicant; and (ii) it will adopt such ordinances and resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be necessary and advisable for the authorization, issuance and sale of said economic development revenue bonds; and (iii) it will use its best efforts at the request of Appliant to authorize the issuance of additional bonds for refunding and refinancing the outstanding principal amount of the bonds, for completion of the Project and for additions to the Project, including the costs of issuance (providing that the financing of such addition or additions to the Project is found to have a public purpose (as defined in IN.C. 36- 7 -12 -1) at the time of authorization of such additional bonds), and that the aforementioned purposes comply with the provisions of I.C. 36 -7 -12. 4. All costs of the Project incurred after the adoption of this inducement resolution, including reimbursement or repayment to the Applicant of moneys expended by the Applicant for planning, engineering, interest paid during con- struction, underwriting expenses, attorney and bond counsel fees, acquisition, construction and equipping of the Project will be permitted to be included as part of the bond issue to finance the Project, and the Issuer will sell or lease the same to the Applicant or loan the proceeds from the sale of the bonds to the Applicant for the same purposes. Also, certain indirect expenses, including but not limited to, planning, architectural work and engineering incurred prior to this inducement resoluton will be permitted to be included as part of the bond issue to finance the Project. 5. The liability and obligation of the South Bend Economic Development Commis- sion, 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 liab- ility if for any reason the proposed issuance of such bonds is not consummated. 6. This Resolution is conditioned upon the Applicant locating the proposed cat- alog distribution center facility within the Central downtown Urban Renewal Area of the City of South Bend, Indiana, commonly referred to as Indiana R -66, and more particuarly described as Exhibit A attached hereto and made a part hereof. 7. This Resolution is further subject to the terms and provisions of a Memo- randum of Agreement to be signed by the City of South Bend and Best Products Co., Inc., which upon signing shall be attached hereto and made a part hereof. 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/ Lewis A. McGann Member of the Common Council REGULAR MEETING MARCH 22, 1982 A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, indicated this resolution should be amended to incorporate where the facility will be located, subject to a memorandum of agree- ment. He indicated that the memorandum of agreement will state further that finali- zation of this matter will be subject to a further public hearing. Ann Kolata, Deputy Director of Redevelopment, indicated she presented an amendment to the City Clerk that would restrict the location of this facility to Indiana R -66. She indicated that Redevelopment has been in contact with Best and they are willing to locate in the downtown R66 area. Council Member Dombrowski made a motion to amend the re- solution, seconded by Council Member Voorde. The motion carried. Wyatt Mick, at- torney representing Service Merchandise, spoke against the adoption of this resolu- tion. He indicated there would be an adverse competitive effect. Patrick O'Niel, attorney representing E. H.Tepe, indicated the amendment does not give a specific site location. He indicated this would have an adverse effect on established whole- salers in the area. Richard Stewart,president of G. L. Perry; Craig Phillips, Man- ager of Service Merchandise; Mike Bender, employee of E. H. Tepe's; Bob Stout, em- ployee of E. H. Tepe's; Velma Torzewski, employee of E. H.Tepe's; spoke against this resolution. The Council held a discussion regarding the adverse competitive effect on similar facilities in the area. Council Member Beck made a motion to amend the reso- lution on page 2 by removing the first paragraph, seconded by Council Member Dombrow- ski. The motion carried. Council President McGann indicated that the Council had serious reservations regarding the adverse competitive effect. Kenneth Fedder in- dicated that if the Council had any reservations they should table this until the Memorandum of Agreement is prepared. Council Member Taylor made a motion to recess in order to confer with Mr. Fedder, the Council attorney, and the assistant city attorney, seconded by Council Member Beck. The motion carried and the meeting was recessed at 9:55 p.m., and reconvened at 10:00 p.m. Kathy Cekanski- Farrand, Council Attorney, indicated that paragraph 7 should be amended after Inc., to read: "which upon signing shall be attached hereto and made a part hereof." Council Member Taylor made a motion to amend the resolution, seconded by Council Member Zielinski. The motion carried. Council Member Voorde made a motion to adopt the resolution, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of six ayes and two nays (Council Members Beck and Crone.) RESOLUTON NO. 950 -82 A RESOLUTION OF THE COMMON CUNCIL OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT A GRANT APPLICATION FOR FUNDING OF THE "RUNAWAY SHELTER" FOR THE YEAR 1982 -83. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, and, therefore, is the Applicant for a Grant for "The Runaway Shelter ". NOW, THEREFORE, BE IT RESOLVED that 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 operation funds in the amount of $60,000. SECTION II. The Director of the Youth Service Bureau will be designated the Administative Agent for this project. For every category established under this Resolution, Director of the Youth Service Bureau shall submit to the Common Council a line item budget prior to the expenditures of any grant money received upon approval of this application. SECTION III. 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. Joseph Kernan, City Con- troller, indicated this $60,000 grant request would be used for the Runaway Shelter. He indicated a 10% match was required. He indicated it would not be a cash match requirement, but contribution of various services to the Runaway Shelter. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 951 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA OFFICE OF SOCIAL SERVICES AN APPLICATION FOR FUNDING THROUGH THE SOCIAL SERVICES BLOCK GRANT ACT. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City and is the appliant for the Social Services Block Grant Act funds, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That it hereby establishes the authority of the mayor of the City of South Bend to submit an application for Social Services Block Grant Act funds in the amount of $40,249.00 to the Indiana Office of Social Services. SECTION II. That the Director of the Youth Service Bureau shall be designated the Administrative Agent for this grant. That for every category established under this Resolution, the Mayor shall submit to the Common Council a line item budget in ordinance form, prior to the expenditures of any grant money received upon approval of this application. REGULAR MEETING MARCH 22, 1982 SECTION III. That 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. Joseph Kernan, City Con- troller, indicated they were applying for block grant funds in the amount of $40,249 to reimburse counseling services, recreation and emergency shelter care. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 30 -82 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. (314 W. LASALLE.) This bill had first reading. Council Member Taylor made a motion to refer this bill Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 31 -82 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. (233 N. LAFAYETTE.) 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. 32 -82 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. (OLIVER SCHOOL.) 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. 33 -82 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.(CENTRAL HIGH SCHOOL.) This bill had first reading. Council Member Beck made a motion to refer this bill Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 34 -82 A BILL APPROPRIATING $1,500,000.00 FROM THE FEDERAL ASSIS- TANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR 1982 POLICE AND FIRE PENSION COSTS TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading April 26, 1982, seconded by Council Member Dombrowski. The motion carried. BILL NO. 35 -82 A BILL TRANSFERRING AND APPROPRIATING $125,000 FROM CUMULA- TIVE CAPITAL IMPROVEMENT FUND TO THE BOARD OF PUBLIC WORKS WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading April 26, 1982, seconded by Council Member Dombrow- ski. The motion carried. BILL NO. 36 -82 A BILL AUTHORIZING THE PERMANENT FINANCING OF $9,000,000 ECONOMIC DEVELOPMENT REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING AN EXTENSION OF THE MATURITY DATE OF THE BONDS AND THE NOTE; AUTHORIZING A FIRST AMENDMENT TO THE INDENTURE OF TRUST, LOAN AGREEMENT AND MORTGAGE AND SECURITY AGREEMENT: AND RELATED MATTERS. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading April 26, 1982, seconded by Council Member Dombrow- ski. The motion carried. PRIVILEGE OF THE FLOOR Irene Mutzl, 320 Parkovash, gave a history of the acquisition of City parks. There being no further business to come before the Council, unfinished or new, Coun- cil Member Crone made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 10:20 p.m. ATTEST: ,,,APPROVED: 4U't'U G City Clerk President