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HomeMy WebLinkAbout02-28-83 Council Meeting Minutes1 ?4 REGULAR MEETING FEBRUARY 28, 1983 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, February 28, 1983, 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, Harris, and McGann Absent: Council Member Voorde 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 Feburary 14, 1983, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Beverlie J. Beck s Beverly D. Crone Council Member McGann made a motion that the minutes of the February 14, 1983, meeting of the Council be accepted and placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS Council President Beck announced the following citizen members to Council committees: Personnel and Finance Dot Welber Feldman and Public Safety - Gladys Marc Golden; Utilities person on the Utilites Adults and Zonings and Frederic R. Richschard and Gregory Nemeth; Human Resources - Paulette Katz; Parks & Recreation - Jim Cronk and Judy Olson; Muhammad and Richard Thomas; Public Works - Joseph Simeri and - Frank Kuminecz. She indicated there was need for one more Committee, and two each for Residential Neighborhoods, Older Vacations. REPORTS Council Member Harris indicated that the Zoning and Vacations Committee met on Bill No. 13 -83 and recommended it favorably. Council Member Taylor indicated that the Human Resources and Economic Development Committee met on Bill No. 14 -83 and resolutions 9B and 9C, and recommended them favorably. Council Member Serge indicated that an executive session was held to discuss new developments and acquisition of property. Council member Zielinski indicated that the Committee of the Whole met on Bill No. 152 -82 and gave no recommendation. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Serge. 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 February 14, 1983, at 7:05 p.m., with eight members present. Chair- man Zielinski presiding. BILL NO. 152 -82 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (316 S. ST. JOSEPH.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. David Behr, from Area Plan, indicated their commission have a favorable recommendation to this rezoning. John Ford, attorney, representing St. Joseph Tower, Inc., made the presentation for the bill. He indicated this petition seeks to rezone to A3 so it can be used as apartments and several miscellaneous commercial uses. He indicated there will be 84 living units, and possibly a convenience store, a day care center, and several other possibiliti He indicated that the hotel has never been profitable. He said were was approximately $500,00 worth of repairs that need to be made. He indicated that the restoration cost would almost run into the millions. He indicated there have been numerous efforts made to locate another hotel chain to operate this as a hotel, however, they were unsuccessful. Sister Eileen Wrobleski, indicated there was a growing need for services for the elderly. Richard Muessel, a local realtor, indicated he had a prospective buyer that would use the property as a hotel. Ronald DeWinter, owner of Haircrafters located in the Quality Inn, indicated his business was being disrupted and he did not a. REGULAR MEETING FEBRUARY 28, 1983 know if he would be able to stay in this location. Kathryn Brookins, 701 W. LaSalle, indicated she owns fourteen rental units, and she did not want the competition of an apartment building in the Quality Inn. Council Member Taylor indicated that he would like to see this bill continued until March 14, in order that the prospective buyer could decide if he wanted to purchased this hotel. He made a motion to continue public hearing until March 14, seconded by Council Member Serge. The motion failed on a roll call vote of three ayes (Council Members Serge, Taylor and Beck) and five nays. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried on a roll call vote of five ayes and three nays (Council Members Serge, Taylor and Beck.) BILL NO. 13 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY WEST OF OLIVE STREET RUNNING BETWEEN POLAND AND DUNHAM EXCEPTING THE 14' EAST -WEST RIGHT -OF -WAY FOR A DISTANCE OF 260' ALL BEING IN SUMMIT PLACE 3RD ADDITION TO THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. David Michaud, 2416 Poland, made the presentation for the bill. He indiated the purpose of this vacation was for him to put in a driveway for off - street parking. Phillip Berndt, 2413 Dunham, spoke in favor of this vacation. Council Member Beck made a motion to recommend the bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 14 -83 A BILL TRANSFERRING $22,503 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Colleen Rosenfeld, Director of Community Development, made the presentation for the bill. She indicated the she had filed a substitute bill with the City Clerk. Council Member Beck made a motion to accept the substitute bill, seconded by Council Member Taylor. The motion carried. She indicated some 1981 activities were reaching the end of their contract period with funds remaining, while other activities require additional funds in order to be completed. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Beck made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion carried. ATTEST: f City Clerk REGULAR MEETING RECONVENED ATTEST: W-F., man 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 8:13 p.m. Council President Beck presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 7168 -83 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (316 S. ST. JOSEPH.) This bill had second reading. Council Member McGann made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of six ayes and two nays (Council Members Taylor and Beck.) ORDINANCE NO. 7169 -83 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY WEST OF OLIVE STREET RUNNING BETWEEN POLAND AND DUNHAM EXCEPTING THE 14' EAST -WEST RIGHT -OF -WAY FOR A DISTANCE OF 260' ALL BEING IN SUMMIT PLACE 3RD ADDITION TO THE CITY OF SOUTH BEND. This bill had second reading. Council Member McGann made a motion to pass this bill, seconded by Council Member Harris. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7170 -83 AN ORDINANCE TRANSFERRING $22,503 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member McGann. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member McGann. The bill passed by a roll call vote of eight ayes. V REGULAR MEETING FEBRUARY 28, 1983 RESOLUTIONS RESOLUTION NO. 1029 -83 AN INDUCEMENT RESOLUTION RELATING TO THE FINANCING OF ECONOMIC DEVELOPMENT FACILITIES FOR A TO- BE- FORMED INDIANA GENERAL PARTNERSHIP, AS DEVELOPER, AND SDT, INC., AS USER. WHEREAS, the City of South Bend, Indiana (the "Issuer "), is authorized by I.C. 36- 7 -12., (the "Act "), to issue revenue bonds for the financing of economic development facilities and to loan the proceeds of said financing to a company or companies to be used for the acquisition, construction and equippping of said facilites; and, WHEREAS, a to -be- formed Indiana general partnership, as Developer, and SDT, Inc., as User, (collectively, the "Applicant "), has advised the South Bend Economic Development Commission, (the "Commission "), and the Issuer that it proposes that the Issuer loan proceeds of an economic development financing to the Applicant for the financing of economic development facilities consisting of a certain machinery and equipment for the manufacture of industrial abrasives, said machinery and equipment to be located in a 15,000 square foot leased building, to be located in the Airport Industrial Park, in South Bend, on an approximate 3 acre tract of land, ( "Project "); and, WHEREAS, the diversification of industry and increase in job opportunities (60 new jobs) to be achieved by the Project will be of public benefit to the health, safety and general welfare of the Issuer and its citizens; and, WHEREAS, having received the advice of the South Bend Economic Development Commission 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; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, as follows: 1. The Common Council of th City of South Bend finds, determines, ratifies and confirms that the promotion of diversification of economic development and job opportuniti 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 $5,000,000.00 of the Issuer under the Act for the loan of the proceeds of the revenue boneds to the Applicant for the acquisition and equipping of the Project will serve the public purpoes referred to above, in accordance with the Act. 3. In order to induce the Applicant to proceed with the acquistion 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 implement the aforesaid financing, or as it may deem. appropriate in pursuance thereof; provided that all of the foregoing shall be mutally 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 adviseable for the authorization, issuance and sale of said economic develoment revenue bonds; and (iii) it will use its best efforts at the request of Applicant 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 to fund to have a public purpose (as defined in I.C. 36- 7 -12 -1) at the time of authorization of such additional bonds), and that the forementioned 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 construction and for one year after completion of construction, underwriting expenses, attorney and bond counsel fees, acquisition 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 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 Resolution 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 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, South Bend Common Council 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 consummated. �s i� 1 1 �i 1 xi ?7 REGULAR MEETING FEBRUARY 28, 1983 /s /Beverlie J. Beck 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 inducement resolution was for a $5,000,000 bond issue to purchase certainmachinery and equpment for the manufacture of industrial abrasives. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution passed by a roll call vote of eight ayes. RESOLUTION NO. 1030 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 3511 GAGNON AS AN URBAN DEVELOPMENT AREA FOR THE PURPOSES OF TAX ABATEMENT CONSIDERATION. WHEREAS, a petition for real property tax abatement consideration as been filed with the Common Council of th City of South Bend pursuant to Section 2 -76 (a) of the Municipal Code requesting that the area commonly known as 3511 Gagnon, South Bend, Indian, and which more particularly described by a line drawn as follows: Commencing at the southeast corner of the NE 1/4 of said section; thence South 89058156" West along the south line of said quarter section a distance of 1150.09 feet; thence north 0000103" East along the centerline of Kenmore Street a distance of 1011.00 feet; thence North 89059137" West a distance of 40.00 feet to the west boundary of said Kenmore Street and the point of beginning; thence South 45000123" West a distance of 14.14 feet to the North boundary of Gagnon Street; thence North 89059'37" West a distance of 320.00 feet along said north boundary; thence North 0000117" East a distance of 363.60 feet; thence South 89059'37" East a distance of 326.61 feet to said west boundary of Kenmore Street; thence Southerly along said west boundary a distance of 112.63 feet along an arc to the right having a radius of 1869 feet and subtended by a long chord having a bearing of South 1043'11" East and a distance of 112.61 feet; thence South 0000'23" West a distance of 241.03 feet along said west boundary to the point of beginning and containing 2.748 acres,more or less. be designated as an urban Development Area under the provisions of Indiana Code 6- 1.1- 11.1 -1 and that the public utility and benefit of the project be determined; and WHEREAS, the Redevelopment Commission has conducted an investigation pursuant to Section 2 -77 of the Municipal Code and prepared a report determining that the area qualifies as an Urban Development Area under Indiana Code 6 -1.1- 12.1 -1 and has further prepared maps and plats showing the boundaries and such other information has required by law of the area in qustion; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Urban Development Area. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Urban Development Area nad hereby adopts a resolution designating this area as an Urban Develpment Area for the purposes of real property Tax Abatement. SECTION II. That the common Council requests the City Clerk to submit this Resolution along with supporting data to the Area Plan Commission for its written order approving or disapproving this resolution. SECTION III. That the Common Council directs the City Clerk, upon receipt of the report of the Area Plan Commission to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Ken Kunst, a representative of South Bend Screw, indicated they planned to relocate to the Airport Industrial Park, indicated they presently employed twenty skilled employees and five salary employees. He indicated they anticipated adding twenty hourly employees to their payroll. Howard Bessire, executive director of the Industrial Foundation, spoke in favor of the resolution. Council Member McGann made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes. 1.1? . REGULAR MEETING FEBRUARY 28 1983 RESOLUTION NO. 1031 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR 1983 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1977 AS AMENDED IN THE HOUSING AND COMMUNITY DEVELOPMEN a ACT OF 1981. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the CIty, and is the applicant for Community Development Block Grant Funds under Title I of the Housing and Community Development Act of 1977, as amended by the Housing and Community Development Act of 1981. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the city of South Bend, Indiana: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to submit the 1983 Community Development Block Grant Application to the United States government under Title I of the Housing and Community Development Act of 1977 as amended by the Housing and Community Development Act of 1981. SECTION II. That the Common Council of the City of South Bend, Indiana, hereby requests that the Mayor submit the 1983 Community Development Block Grant Application to the Common Council for review and comment prior to the date upon which the Community Development Block Grant Application must be filed with the Department of Housing and Urban Development. SECTION III. That for every activity, project, or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Community Development Block Grant funds received upon approval of this application. SECTION IV. 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/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Colleen Rosenfeld, Director of Community Development, gave a brief outline of the proposed Community Development budget. Glendarae Hernandez, 702 E. South, spoke against some of the items in this budget._ Stephen Luecke, 754 Lenland Ave., member of the Community Development Action Coalition indicated the committee has little say in setting the budget. He indicated the CAC should be involved early in the budget process. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Harris. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 15 -83 A BILL APPROVING A CONTRACT BETWEEN HRP COMPANY AND THE BOARD OF WATER WORKS COMMISSIONERS IN THE AMOUNT OF $34,800.00 FOR THE RELOCATION OF OLIVE STREET WATER MAINS. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading March 14, and refer it to the Utilities Committee, seconded by Council Member Zielinski. The motion carried. BILL NO. 16 -83 A BILL APPROPRIATING $52,500.00 TO THE BUREAU OF SEWERS LINE ITEM 260 CONTRACTUAL SERVICES FROM THE SEWAGE WORKS DEPRECIATION FUND FOR THE RENOVATION OF MANHOLES. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading March 14, and refer it to the Utilities Committee seconded by Council Member Zielinski. The motion carried. BILL NO. 17 -83 A BILL AMENDING CHAPTER 7 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ARTICLE 1, ENTITLED CABLE TELEVISION FRANCHISING. This bill had first reading. Council Member McGann made a motion to set this bill for public hearing and second reading March 14, and refer it to the Public Works Committee seconded by Council Member Taylor. The motion carried. BILL NO. 18 -83 A BILL AUTHORIZING THE ASSIGNMENT OF THE INTERESTS OF WELTEK, INC., UNDER THE $550,000 CITY OF SOUTH BEND, INDIANA, ECONOMIC DEVELOPMENT REVENUE BOND (WELTEK, INC. PROJECT) TO OSWALD DEVELOPMENT AND INVESTMENT COMPANY, AN INDIANA PARTNERSHIP. This bill had first reading. Council Member McGann made a motion to set this bill for public hearing and second reading March 14, and refer it to the Human Resources Committee seconded by Council Member Taylor. The mo-tion carried. IV -1 REGULAR MEETING FEBRUARY 28, 1983 BILL NO. 19 -83 A BILL APPROPRIATING $500,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND TO SUPPLEMENT THE ECONOMIC DEVELOPMENT CAPITAL FUND FOR PURPOSES OF SHORT -TERM CONSTRUCTION LOANS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member McGann made a motion to set this bill for public hearing and second reading March 14, and refer it to the Human Resources Committee seconded by Council Member Harris. - The- motion carried. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to recess, seconded by Council Member Harris. The motion carried and the meeting was adjourned at 8:53 p.m. ATTEST: City Clerk APPROVED: P rt si en