HomeMy WebLinkAbout03-14-83 Council Meeting MinutesREGULAR MEETING
MARCH 14, 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, March 14, 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 McGann, Taylor,
Zielinski, Crone, Harris, Voorde and Beck
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 February 28, 1983, 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 February 28, 1983, meeting
of the Council be accepted and placed on file, seconded by Council Member Taylor.
The motion carried.
SPECIAL BUSINESS
RESOLUTION NO. 1032 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, COMMENDING THE IRISH FOR THEIR MANY CONTRIBUTIONS
TO SOCIETY AND TO FORMALLY RECOGNIZE THURSDAY, MARCH 17TH AS
ST. PATRICK'S DAY IN SOUTH BEND, INDIANA.
WHEREAS, Thursday, March 17th, is a special day for the Irish, as well as for
those who wish they were Irish; and
WHEREAS, on this day lads and lassies everywhere will tell stories of the tiny
emerald isle, sing to Irish music, and make toasts with mugs and tankards of Irish
brew; and
WHEREAS, the South Bend Common Council wishes to recognize the many contributions
made by the Irish and Irish - Americans to improve the cultural, civic, and governmental
aspects of society not to mention their many culinary attributes; and
WHEREAS, the South Bend Common Council sends its heartiest wishes to our own
Notre Dame Fighting Irish as they compete in the National Invitation Tournament beginning
St. Patrick's Day.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, that:
SECTION I. The Common Council of the City of South Bend commends all Irish and
Irish - Americans everywhere for their many contributions to society.
SECTION II. The Common Council formally designates Thursday, March 17th as St.
Patrick's Day in South Bend, Indiana and hopes tht everyone will partake in the customs
of donning a shamrock.
SECTION III. The South Bend Common Council and the Mayor on behalf of all of
the citizens of South Bend wish the Notre Dame Fighting Irish the best of luck in the
National Invitation Tournament.
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/ Roger 0. Parent, Mayor
/s/ Jospeh T. Serge
/s/ Walter M. Szymkowiak
/s/ Beverlie J. Beck
/s/ Lewis A. McGann
/s/ Robert G. Taylor
/s/ Raymond C. Zielinski
/s/ Beverly D. Crone
Is/ John J. Harris, Jr.
/s/ John Voorde
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REGULAR MEETING MARCH 14, 1983
Council Member McGann read the resolution. Council Member Serge made a motion to
adopt the resolution, seconded by Council Member Harris. The motion carried.
REPORTS
Council Member Szymkowiak indicated that the Utilities Committee had met on Bill No.
15 and 16 -83, and recommended them favorable. Council Member Taylor indicated that
the Human Resources and Economic Development Committee gave a favorable recommendation
to Bill No. 19 -83.
Council Member Zielinski indicated that the Public Works Committee had met on Bill
No. 17 -83 and recommended it be continued until April 11.
Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded
by Council Member Zielinski. 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 March 14, 1983, at 7:28 p.m., with nine members present. Chairman
Zielinski presiding.
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 being 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, indicated that the purpose of this bill was to it
allow the transfer of the rights, duties, liabilities, title, interest and responsibilities!
of Weltek, Inc., to Oswald Develpment and Investment Company. He indicated that
Weltek had gone bankrupt and Oswald was taking over the business. Council Member
Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by
Council Member McGann. The motion carried.
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 being 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
Utilities, made the presentation for the bill. He indicated HRP was the low bidder
who met. specifications and legal requirements for public bids. He indicated the
water line is being relocated as part of the Olive /Sample overpass project and must
be completed prior to May 15, 1983. Council Member Serge made a motion to recommend
this bill to the Council favorable, seconded by Council Member Szymkowiak. 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 being 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
Utilities, made the presentation for the bill. He indicated this appropriation would
be used for renovation of manhole structures. Council Member Szymkowiak made a motion
to recommend this bill to the Council favorable, seconded by Council Member Harris.
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 being the time heretofore set for public hearing on the above bill, proponents
and opponents were given an opportunity to be heard. Chairman Zielinski indicated
public hearing on this bill was being continued until April 11, however, if there
anyone who wanted to speak tonight could do so. Jim Lahey, 3327 S. Twyckenham, spoke
against some of the methods used by our local cablevision. Council Member Taylor
made a motion to continue public hearing and second reading on this bill to April 11,
seconded by Council Member McGann. The motion carried.
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 being the time heretofore set for public hearing on the above bill, proponents
and opponents were given an opportunity to be heard. Jon Hunt, Director of the Department':`
of Development, made the presentation for the bill. He indicated the bill should be
amended to reflect program year CD83 -1007. Council Member Taylor mde a motion to
amend this bill, seconded by Council Member Harris. The motion carried. He indicatd
this appropriation would be used by the South Bend Development Corporation to make a
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REGULAR MEETING MARCH 14, 1983
short -term lower interest rate construction loan for South Bend Screw Products. He
indicated this would enable the -firm to remain in South Bend, relocate to the Airport
Industrial Park, and expand its current operation. Council Member Szymkowiak made a
motion to recommend this bill to the Council favorable, as amended, seconded by Council
Member Taylor. The motion carried.
There being no further business to come before the Committee of the Whole, Council
Member Taylor made a mtoion to rise and report to the Council, seconded by Council
Member Beck. The motion carried.
ATTEST:
4ca�a 1'4��
City Clerk
ATTEST:
Ch ,#irman
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 7:28 p.m. Council
President Beck presiding and nine members present.
ORDINANCE NO. 7.171 -83 AN ORDINANCE 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 PARTNERSHI]
This bill had second reading. Council Member Serge made a motion to pass this bill,
seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine
ayes.
ORDINANCE NO. 7172 -83
AN ORDINANCE 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 second reading. Council Member Serge made a motion to pass this bill,
seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine
dye s . .,
ORDINANCE NO. 7173 -83
AN ORDINANCE 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 second reading. Council Member Serge made a motion to pass this bill,
seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine
ayes.
ORDINANCE NO. 7174 -83 AN ORDINANCE APPROPRIATING $500,000 FROM THE COMMUNITY DEVELOP.
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 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 Crone. The bill passed by a roll call vote of nine ayes.
RESOLUTIONS
Kathy Cekanski, Council Attorney indicated that the resolution for 3511 Gagon should
be amended to reflect Indiana Code 36- 7- 14 -17. Council. Member Taylor made a motion
to amend, seconded by Council Member Harris. The motion carried.
RESOLUTION NO. 1033 -83
A RESOLUTIN CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION
DESIGNATING 2930 FOUNDATION DRIVE, SOUTH BEND, INDIANA,
46628, AN URBAN DEVELOPMENT AREA FOR TANGIBLE PERSONAL PROPERTY
TAX ABATEMENT PURPOSES AND A DETERMINATION OF THE PUBLIC
UTILITY AND BENEFIT OF THE PROPOSED PROJECT.
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Urban Development
Areas for purposes of tax abatement consideration; and
WHEREAS, a Declaratory Resolutin designating certain areas within the City as
Urban Development Areas for purposes of tax abatement consideration; and
WHEREAS,. a Declaratory Resolution designating the area commonly known as 2930
Foundation Drive, South Bend, Indiana, 46628, and more particularly described by a
line drawn as follows:
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REGULAR MEETING
MARCH 14, 1983
The following described real estate in St. Joseph County, State of Indiana, to
Part of the North Half of Section 28, Township 38 North, Range 2 East, Second
Principal Meridian, City of South Bend, St. Joseph County, Indiana, more particularly;;
described as follows: Commencing at the East Quarter corner of said Section 28;
thence South 89 degrees 58145" West along the South line of the Northeast Quarter
of Section 28, 2314.41 feet; thence North 0 degrees 00147" East 120.00 feet to
the North boundary of Boland Drive, also being the point of beginning; thence
North 89 degrees 58'56" West along said North bounday 447.83 feet; thence North
45 degrees 00109" West 14.14 feet to the East boundary of Foundation Drive;
thence North 0 degrees 00147" East along said East boundary 747.96.feet; thence
North 89 degrees 44'14" East 458.26 feet; thence South 0 degrees 01'41" West
759.90 feet to the point of beginning, containing 7.979 acres more or less.
is an Urban Development Area; and
WHEREAS, the Area Plan Commission has submitted to the Council its written order
approving the Declaratory Resolution to the council; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council having been published pursuant to Indiana Code 36- 7- 14 -17; and
WHEREAS, the Council held a public hearing for the purposes of hearing persons
in favor of the proposed project and those remonstrators who were opposed to the
proposed project; and
WHEREAS, the Council has determined the public utility and benefit of the project.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution No.
1026 -83 adopted by the Council on February 14, 1983, which designated the area described
herein as a Urban Development Area for the purposes of Tangible Personal Property tax
abatement consideration and confirms its determination fo the project's public utility
and benefit.
SECTION II. 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 at this time. Howard Bessire,,executive director of the
Industrial Foundation, indicated this abatement was for machinery for South Bend
Forge. Steve Osza, 23544 N. Ironwood, indicated this company practices age discrimination.'
Council Member Serge made a motion to adopt this resolution, seconded by Council
Member Harris. The resolution passed by a roll call vote of nine ayes.
RESOLUTION NO. 1034 -83
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION
DESIGNATING CERTAIN AREA WITHIN THE CITY OF SOUTH BEND,
COMMONLY KNOWN AS 3511 GAGNON TO BE AN URBAN DEVELOPMENT
AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT AND A DETERMINATT(
OF THE PUBLIC UTILITY AND BENEFIT OF THE PROJECT PROPOSED
FOR TAX ABATEMENT CONSIDERATION.
WHEREAS, the Common Council of South Bend has adopted a Declaratory Resolution
designating certain areas within the City as Urban Development Areas for purposes of
tax abatement consideration; and
WHEREAS, a Declaratory Resolution designating the area commonly known as 3511
Gagnon, South Bend, Indiana, and 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
45000'23" West a distance of 14.14 feet to the North boundary of Gagnon Street;
thence North 89059137" West a distance of 320.00 feet along said north boundary;
thence North 0000117" East a distance of 363.60 feet; thence South 89 °59137"
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 0000'11" East
distance of 112.61 feet; thence South 0000123" West a distance of 241.03 feet
along said west boundary to the point of beginning and containing 2.748 acres,
more or less.
is an Urban Development Area; and
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REGULAR MEETING MARCH 14, 1983
WHEREAS, the Area Plan Commission has submitted to the Council its written order
approving for the Declaratory Resolution to the Council; and
WHEREAS, notice of the adoption of a Declaratory Resolution and to public hearing
before the Council having been published pursuant to Indiana Code 36- 7- 14 -17; and
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WHEREAS, notice of the adoption of a Declaratory Resolution and public hearing
for the purposes of hearing persons in favor of the proposed project and those remonstra
who were opposed to the proposed project; and
WHEREAS, the Council has determined the public utility and benefit of the project.
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 confirms its Declaratory
Resolution designating the area described herein as an Urban Development
Area for purposes of tax abatement consideration and confirm its determination
of the project's public utility and benefit.
SECTION II. 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. Howard
Bessire, executive director of the Industrial Foundation, indicated
South Bend Screw was planning to relocate to the Airport Industrial
Park. He indcated they anticipated adding twenty hourly employees to
their payroll. Council Member McGann made a motion that the resolution
numbers be changed to conform with the Agenda, seconded by Council
Member Crone. The motion carried. Council Member Serge made a motion
to adopt this resolution, as amended, seconded by Council Member Harris.
The resolution was adopted by a roll call vote of nine ayes.
BILLS, FIRST READING
BILL NO. 20 -83
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) (1237 E. EWING.)
This bill had first
reading. Council Member McGann made a motion to this bill to
Area Plan, seconded
by Council Member Zielinski. The motion carried.
BILL NO. 21 -83
A BILL APPROPRIATING $2,945,000.00 FROM THE COMMUNITY DEVELOP
BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES
OF THE DIVISION OF COMMUNITY DEVELOPMENT OF THE CITY OF
SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR
THE PROGRAM YEAR BEGINNING APRIL 1, 1983 AND ENDING DECEMBER
31, 1983 TO BE ADMINISTERED THROUGH THE DIVISION OF COMMUNITY
DEVELOPMENT.
This bill had first reading. Council Member Taylor made a motion to set this bill
for public hearing and second reading March 28, and refer it to the Human Resources
and Economic Development Committee, seconded by Council Member Harris. The motion
carried.
BILL NO. 22 -83
A BILL TRANSFERRING $1,552,246.00 AMONG VARIOUS ACCOUNTS,
ALL ACCOUNTS BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT.
This bill had first reading. Council Member Taylor made a motion to set this bill
for public hearing and second reading March 28, and refer it to the Human Resources
',and Economic Development Committee, seconded by Council Member Zielinski. The motion
carried.
BILL NO. 23 -83
A BILL APPROVING A CONTRACT BETWEEN GATES CHEVY WORLD OF
SOUTH BEND AND THE.BOARD OF WATER WORKS COMMISSIONERS IN THE
AMOUNT OF $19,555.19 FOR THE REPLACEMENT OF TWO VEHICLES IN
THE DISTRIBUTION DEPARTMENT AND ONE (1) IN THE MAINTENANCE
DEPARTMENT OF THE WATER WORKS.
This bill had first reading. Council Member Taylor made a motion to set this bill
for public hearing and second reading March 28, and refer it to the Utilites Committee,
seconded by Council Member Zielinski. The motion carried.'
BILL NO. 24 -83
A BILL APPROVING A CONTRACT BETWEEN CARL J. REINKE & SONS,
INC., AND THE BOARD OF WATER WORKS COMMISSIONERS IN THE
AMOUNT OF $148,000.00 FOR THE CONSTRUCTION OF A ONE -HALF
MILLION GALLON CLEAR WELL AT THE EDISON PARK WATER FILTRATION
PLANT.
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REGULAR MEETING MARCH 14, 1983
This bill had first reading. Council Member Crone made a motion to set this bill for
public hearing and second reading March 28, and refer it to the Utilities Committee
seconded by Council Member Harris. The motion carried.
BILL NO. 25 -83
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) (OLIVE- SAMPLE AREA.)
This bill had first reading. Council Member McGann made a motion to set this bill
for public hearing and second reading March 28, seconded by Council Member Crone.
The motion carried.
BILL NO. 26 -83
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) (3102 -3026 ARDMORE
TRAIL.)
This bill had first reading. Council Member Harris made a motion to this bill to
Area Plan, seconded by Council Member Crone. The motion carried.
NEW BUSINESS
Council President Beck read a letter from Mayor Parent regarding his appointments to
the Fair Campaign Practices Commission: The Republican appointments are Robert Parker
and Norma Ganaway; Democratic appointments are Joseph Baldoni and Barbara Powers.
Council Member Zielinski made a motion to approve these appointments, seconded by
Council Member Harris. Council Member McGann made a motion that these appointments
be approved subject to acceptance by the two party chairmen, seconded by Council
Member Crone. The motion carried.
There being no further business to come before the Council, unfinished or new, Council
Member Taylor made a motion to adjourn, seconded by Council Member Harris. The motion
carried and the meeting was adjourned at 7:55 p.m.
ATTEST:
City Clerk
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APPROVED:
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