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HomeMy WebLinkAbout05-24-82 Council Meeting MinutesREGULAR MEETING MAY 24, 1982 Be it remembered that the Common Council of the City of South Bend met in the Coun- cil Chambers of the County -City Building on Monday, May 24, 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 May 10, 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 May 10, 1982, meet- ing of the Council be accepted and placed on file, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Dombrowski. 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 May 24, 1982, at 7:01 p.m., with nine members present. Chair- man Voorde presiding. 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. Z9 REGULAR MEETING MAY 24, 1982 Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ronald Jaicomo, attorney repre- senting the First Bank Center, indicated this bill would extend the life of the economic development bonds for an additional fifteen years with a call provision of fifteen years for the lender. Kathryn Brookins, 701 W. Lasalle; Dr. Clifford Aydes, 1318 Elliott; Irene Mutzl, 320 Parkovash; Mike Mcfarland, 1733 O'Brien; Oscar Brookins, 701 W. LaSalle; spoke against this bill. Christopher Murphy, President of the First Source Bank, indicated bill was simply a technical change in the financing. He indicated that the bank has added fifty -one new permanent jobs. He indicated that the First Source Bank had a commitment to the community. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 42 -82 A BILL AMENDING CERTAIN PORTIONS OF CHAPTERS 13 AND 16 OF THE SOUTH BEND MUNICIPAL CODE, REGULATING NUISANCE AND OTHER OFFENSES. 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 McGann made a motion to amend this bill by accepting a substitute bill filed with the City Clerk, seconded by Council Member Dombrowski. The motion carried. Kathy Bernard, Director of Neighbor Code Enforcement, made the presentation for the bill. She indicated this bill clearly defines conditions which constitute a public nuisance, thus making it easier for the inspectors to cite violations. She indicated that grass will be required to be cut when it reaches 12 inches rather than twenty -four inches. She indicated the owners of vacant lots will be responsible for keeping them free of trash and debris. She indicated this bill has established specific fines and a workable collection process. Irene Mutzl, 320 Parkovash; James Cronk, 702 E. LaSalle; Ted Dylewski, 715 N. Allen; Oscar Brookins, 701 W. LaSalle; Kathryn Brookins, 701 W. LaSalle; Steven Eddy, 301 LaPorte; Mike McFarland, 1733 O'Brien; spoke in opposition to this bill. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 45 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 2, SECTION 16 -8 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS REFUSE. Council Member Voorde asked the Council to table this bill indefinitely. Council Member Dombrowski made a motion to table, seconded by Council Member Crone. The motion carried. BILL NO. 47 -82 A BILL APPROVING CONTRACTS FOR THE PURCHASE OF MOTOR EQUIP- MENT BETWEEN THE SOUTH BEND WATER WORKS, BUREAU OF SEWERS, BUREAU OF SOLID WASTE AND SHAMROCK FORD, JORDAN FORD, SOUTH BEND GATES AND RIES EQUIPMENT COMPANY. Now is the time heretofore set for public hearing opponents were given an opportunity to be heard. made the presentation for the bill. He indicated of motor equipment for the Bureau of Sanitation. motion to recommend this bill to the Council favo Crone. The motion carried. on the above bill, proponents and Michael Vance, Director of Utilities, these contracts were for the purchase Council Member Dombrowski made a rable, seconded by Council Member There being no further business to come before the Committee of the Whole, Council Member Dombrowski made a motion to rise and report to the Council, seconded by Coun- cil Member Zielinski. The motion carried. ATTEST: ATTEST: Ci y Clerk Chai man Council Member Taylor made a motion to recess, seconded by Council Member Beck. The motion carried and the meeting was recessed at 8:17 p.m. 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 8:26 p.m. Council President McGann presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 7054 -82 AN ORDINANCE 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 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 eight ayes. G REGULAR MEETING MAY 24, 1982 ORDINANCE NO. 7055 -82 AN ORDINANCE AMENDING CERTAIN PORTIONS OF CHAPTERS 13 AND 16 OF THE SOUTH BEND MUNICIPAL CODE, REGULATING NUISANCE AND OTHER OFFENSES. This bill had second bill, as amended in The motion carried. seconded by Council ayes. reading. Council Member Taylor made a motion to amend this the Committee of the Whole, seconded by Council Member Dombrowski. Council Member Taylor made a motion to pass the bill, as amended, Member Dombrowski. The bill passed by a roll call vote of nine ORDINANCE NO. 7056 -82 AN ORDINANCE APPROVING CONTRACTS FOR THE PURCHASE OF MOTOR EQUIPMENT BETWEEN THE SOUTH BEND WATER WORKS, BUREAU OF SEWERS, BUREAU OF SOLID WASTE AND SHAMROCK FORD, JORDAN FORD, SOUTH BEND GATES AND RIES EQUIPMENT COMPANY. This bill had second reading. Council Member Beck 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. 959 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING A LEASE AGREEMENT BETWEEN THE BOARD OF PUBLIC WORKS AND LOCK JOINT TUBE COMPANY, INC. FOR LEASE OF A PORTION OF BROWNFIELD PARK. WHEREAS, the Board of Public Works at its meeting held on August 24, 1981, determined that a parcel of city -owned real estate located at the northwest corner of Angela Boulevard and Riverside Drive, more commonly known as a portion of Brownfield Park, was not necessary to the public use, nor was it set aside by state or city law for public purposes; and WHEREAS, on August 31, 1981, the Common Council approved and ratified the action of the Board of Public Works, arrangements were completed for an appraisal of the property, and a bid date was established or the receipt of sealed bids for its purchase; and WHEREAS, Lock Joint Tube Company, Inc. submitted a sole bid for the property in the amount of $11,430.00 and, after negotiation, a Purchase Agreement was entered into between the city and Lock Joint Tube Company, Inc. on November 2, 1981, in the amount of $18,250.00, aid purchase contingent upon the successful rezoning of the property from "A" Residential to "D" Light Industrial; and WHEREAS, subsequent to November 2, 1981, the Common Council determined that a lease of the property, rather than the sale of the property, would be in the best interests of the city and the public, and, in fact, the Common Council at its meeting held on February 8, 1982, approved the rezoning of the property to "D" Light Industrial subject to the execution of a 20 -year Lease Agreement (excluding renewal options) for its use; and WHEREAS, as a result of the rezoning of the property subject to the execution of a 20 -year Lease Agreement, the Board of Public works on March 8, 1982, and in accordance with state statutes regulating the lease of city -owned property, received and awarded the sole bid of Lock Joint tube Company, Inc., in the amount of $150.00 per month for the initial 20 -year term; $225.00 per month for the first renewed term of 15 years; and $300.00 per month for the second renewed term of 15 years. Said bid was awarded in accordance with the specifications prepared for the lease of the property which contained certain restrictions for its use; and WHEREAS, The Board of Public Works and Lock Joint Tube Company, Inc. for lease of the aforementioned portion of Brownfield Park, is hereby approved and confirmed. Said Lease Agreement attached hereto. SECTION 1. That the Lease Agreement dated May 17, 1982, between the Board of Public Works and Lock Joint Tube Company, Inc. for lease of the aforementioned portion of Brownfield Park, is hereby approved and confirmed. Said Lease Agreement attached hereto. SECTION 2. That this Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Richard C. Dombrowski Member of the Common Council A public hearing was held on the resolution at this time. Carolyn Pfotenhauer, assistant city attorney, indicated this resolution was would approve the confirm the Lock Joint Tube lease. Dominic DaCasta, 754 N. Cottage Grove, spoke in opposition to this resolution. Council Member Szymkowiak made a motion to adopt this resolution, s'econde`d by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes. REGULAR MEETING MAY 24, 1982 RESOLUTION NO. 960 -82 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT A GRANT APPLICATION FOR FUNDING YOUTH SERVICE BUREAU GROUP COUNSELING 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 Youth Service Bureau Group Counseling; 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 funds in the amount of $5,053. SECTION II. The Director of the Youth Service Bureau will be designated the Administrative agent of this project. For every category established under this Resolution, the 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/ Richard C. Dombrowski Member of the Common Council A public hearing was held on the resolution at this time. Bonnie Strycker, Director of the Youth Service Bureau, made the presentation for the bill. She indiated this grant request was in the amount of $5,053, and if received would help support the Bureau's group counseling program. John Swanson, 1722 N. Olive, spoke in opposition to this resolution. Council Member Taylor 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. 961 -82 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 DEVELOPMENT PROGRAM THROUGH THE BUREAU OF HOUSING'S REHABILITATION GRANT PROGRAM. WHEREAS, low bids for the rehabilitation work under the Community Development Housing Rehabilitation 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 contactor for the rehabilitation work on the following property: DOLLAR AMOUNT REHABILITATION CONTRACTOR ADDRESS OF CONRACT NUMBER Jurtin's Con. Co. 619 S. Columbia $14,079.00 CD7 /PR /CS -2/21 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/ Richard C. Dombrowski 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 that the owner /occupant will pay the $3,079 of additional rehabilitation cost. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING ORDINANCE NO. 7057 -82 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $310,000 ECONOMIC DEVELOPMENT REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO PAI PROPERTIES, AN INDIANA PARTNERSHIP, IN ORDER TO FINANCE THE CONSTRUCTION AND EQUIPPING OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES LOCATED IN SOUTH BEND, INDIANA; AUTHORIZING EXECUTION OF A LOAN AGREEMENT; PROVIDING FOR THE DELIVERY OF A NOTE AN ASSIGNMENT THEREOF SECURITY FOR SAID BONDS; AND AUTHORIZING AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF THE REVENUES FROM SUCH NOTE. REGULAR MEETING MAY 24, 1982 This bill had first reading. Council Member Taylor made a motion to suspend rules and have public hearing and second reading on the bill, seconded by Council Member Szymkowiak. The motion carried on a roll call vote of eight ayes. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Richard Morgan, attorney representing PAI, made the presentation for the bill. He indicated this $350,000 issue would be used to construct a 21,000 square foot building in the Monroe - Sample Redevelopment Area. He indicated seventeen new jobs would be created. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. BILL NO. 52 -82 A BILL APPROPRIATING $25,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8201, EXTENSION OF SAMPSON STREET NEAR SOUTHERNVIEW DRIVE, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first 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 eight ayes. BILL NO. 53 -82 A BILL APPROPRIATING $35,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT 8202, INSTALLATION OF TRAFFIC SIGNAL ON SAMPLE STREET AT THE TORRINGTON CORPORATION, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading June 14, 1982, and refer it to the Public Works Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 54 -82 A BILL APPROPRIATING $150,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 816, BOWMAN CREEK REPAIR PROJECT WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading June 14, 1982, and refer it to the Utilities Committeee seconded by Council Member Dombrowski. The motion carried. BILL NO. 55 -82 A BILL APPROPRIATING $40,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 818, REPAIR OF BRIDGEWORK OVER BOWMAN CREEK, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading June 14, 1982, and refer it to the Utilities Committee, seconded by Council Member Dombrowski. The motion carried. BILL NO. 56 -82 A BILL APPROPRIATING $35,000.000 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 817, DRAINAGE IMPROVEMENTS- FAIRFAX SUBDIVISION, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 14, 1982, seconded by Council Member Dombrowski. The motion carried. BILL NO. 57 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING A CONTRACT BETWEEN THE BOARD OF WATER COMMISSIONERS AND NETWORK COMPUTING CORPORATION FOR UTILITY BILLING COMPUTER SERVICES. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading June 14, 1982, seconded by Council Member Dombrowski. The motion carried. BILL NO. 58 -82 A BILL AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA REGULATING THE PLACEMENT AND INSTALLATION OF MANUFACTURED HOMES. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 14, 1982, seconded by Council Member Dombrowski. The motion carried. UNFINISHED BUSINESS Council Member Crone announced there would be a Personnel and Finance Committee meeting on Bill No. 38 -82, on June 7, at 4:30 p.m. PRIVILEGE OF THE FLOOR Council Member Dombrowski made a motion to limit speakers to five minutes, seconded by Council Member Crone. The motion carried. Eli Spicer, 1614 E. Wayne, indicated that the Studebaker Museum should be put in the Freeman-Spicer Building. Irene Mutzl, 320 Parkovash, indicated that Michigan Street should be reopened, in order to help the downtown area. Dominic DaCasta, 754 Cottage Grove; Kathryn Brookins, 702 W. LaSalle; Lester Doty, 3502 Lincoln Way West; Gary Spaulding, 521 E. Dayton; Bob Worland, 749 Lawndale; Ralph Stewart, Southside Baptist Church; spoke regarding nuclear war. Pastor Dave Schmaltz, 4849 W. Ford, spoke about pornography in the South Bend area. 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 Taylor. The motion carried and the meeting was adjourned at 9:28 p.m. ATTEST: APPR ED: I CITY CLERK PRESIDENT