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HomeMy WebLinkAbout05-29-79 Council Meeting MinutesREGULAR MEETING MAY 29. 1979 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Tuesday, May 29, 1979, 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, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent 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 respectfully report that it has inspected the minutes of the May 14, 1979, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger 0. Parent Council Member Serge made a motion that the minutes of the May 14, 1979, meeting of the Council be accepted and placed on file, seconded by Council Member Adams. The motion carried. REPORT OF COUNCIL COMMITTEES Council Member Serge gave a report from the Public Works Committee regarding the proposed Junk and Scrap Yard bill. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Adams. 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 Tuesday, May 29, 1979, at 7:04 p.m., with nine members present. Chairman Frank Horvath presiding. BILL NO. 31 -79 A BILL AMENDING CHAPTER 21, ARTICLE 2, DIVISION 7, SECTION 21 -18 COMMONLY KNOWN AS THE ZONING'ORDINANCE OF THE MUNICIPAL CODE OF 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. Council Member Adams made the presentation for the bill. She indicated this rezoning was sought to include Union Station in the downtown area, which is exempt from the locational restrictions of the use district regulations. She indicated this would allow Union Station to obtain a Class A cabaret license. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council President Parent. The motion carried. REGULAR MEETING MAY 29, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 51 -79 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA AND; (1) VAN WATERS & ROGERS, SOUTH BEND, INDIANA; (2) JONES CHEMICALS, INC., BEECH GROVE, INDIANA; (3) CHEMTECH INDUSTRIES, INC., ST. LOUIS, MISSOURI; AND (4) WATCON, INC., SOUTH BEND, INDIANA, FOR THE PURCHASE OF CHEMICALS FOR USE FROM JUNE 1, 1979 TO JUNE 1, 1980 IN THE TOTAL AMOUNT OF $49,937.50. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Bill Smurr, of the South Bend Water Works, made the presentation for the bill. He indicated that bids were let for these chemicals and found com- petitive, as being the lowest and best bids. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 52 -79 A BILL APPROVING CONTRACTS BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND (1) BASNEY FORD, SOUTH BEND, INDIANA; (2) GATES CHEVROLET, SOUTH BEND, INDIANA; AND (3) SHAMROCK FORD, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN MOTOR VEHICLES IN THE TOTAL AMOUNT OF $48,671.07. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Bill Dillon, of the South Bend Water Works, made the presentation for the bill. He indicated that the Water Works desired to purchase six new trucks. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 56 -79 A BILL APPROPRIATING $100,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR A DEMONSTRATION BLOCK PROJECT, TO BE AD- MINISTERED BY THE COMMUNITY DEVELOPMENT PROGRAM AND THE DEPART- MENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Jon Hunt, Director of Community Development, made the presentation for the bill. He indicated this appropriation would provide funds for various public works improvements including street repaving, street reconstruction, curb and gutter reconstruction or construction, street lighting, tree planting, sidewalks, street fixtures, drainage, sewer, or water facilities on an as- needed basis in the Far Southwest and Near West - side C.D. Target Areas. BILL NO. 57 -79 A BILL APPROPRIATING $300,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR DEVELOPMENT OF PERMANENT, INTERPRETIVE EXHIBITS FOR THE DIS- COVERY HALL MUSEUM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Peter J. Nemeth made the presentation forthe bill. He indicated this appropriation would be used to implement a portion of the design plan by the Joseph Wetzel firm for Discovery Hall Museum. He indicated this $300,000, plus a grant of $179,000 from the National Endowment for the Humanities, will enable the City to complete 8570 . of the original plan, by next spring. He indicated this project was essential in terms of the cultural and historical enrichment toward the City's industrial development. Mr. Richard Welsh, museum director, briefly outlined the proposed project. Mr. Joseph Burkus, president of the Bendix Local Union 9, spoke in favor of this project. He indicated that the action taken tonight would decide whether the City would have a viable museum, and to let it go would be a falacy. He indicated that Bendix had many things in the museum, and that the famous Bendix beacon would now be part of the museum. He indicated that he was a member of the Board and would like to see the museum completed. Mr. Chester Bentkowski, president of the Central Polish Organization, spoke in favor of this bill, in regard to the contributions made by the Polish people. Mrs. Tillie Arch, 823 Shell St., spoke in favor of this bill, in regard to the contributions made by the Hungarian people. Ms. Eugenia Chandonia, 1927 Thornhill, read excerpts from letters sent by officials of local industries in favor of this bill. Mr. Ronald Radecki, 121 S. St. Peter, spoke against this bill. He indicated that the cost was extravagant. He indicated that he supported the museum, but he felt that the community has not participated in the planning. He indicated that a local firm should do the exhibits. Mayor Nemeth indicated that now was the time to act on this bill. He indicated this would be an attraction for the City and that it was fitting to recognize ethnic groups with the exhibits. He indicated if we did not appropriate this money, we would not receive the $179,000 from the Endowment for the Humanities. Mr. Patrick Furlong, 1320 Sunnymede, indicated he was a member of the Discovery Hall Associates. He spoke in favor of this bill.. He indicated that Wetzel had the very highest reputation. He indicated that no local firm would bid on the exhibits, because they did not do museum work. Mr. Ronald Radecki, indicated that in the design process a local firm was not interested, however, they were in- terested in the building process. He indicated that this plan was never approved by the advisory committee for Discovery Hall. Mr. David Lord, 5305 S. Monticello, indicated he was concerned as a designer about the design situation. He indicated that the design phase showed a nine month period and the contract indicated that the construction estimate will be done in June. He said there was too much variation in the amount of time to be spent. Mr. Joseph Burkus, indicated there was always some that wanted to block what was good for everybody. He said to mislead the public on something that is`not true is actually uncalled for. Council Member Kopczynski asked how much money had been contributed to the museum from local industries. Mayor Nemeth indicated that many of the industries have contributed artifacts He indicated that until industry knows what type of museum we will have, we are not going to receive any sizeable contributions. Counci: Member Kopczynski indicated that the essential services should be provided first. REGULAR MEETING MAY 29, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED Council Member Serge spoke in favor of the bill. Council Member Taylor spoke in favor of the bill. Council Member Adams asked if the grant for $179,000 would have to have a match. Mr. Welch indicated that it did not need a match, but it needed community support, and the Endowment for the Humanities had indicated to him that turning this down would show lack of community support. Council Member Adams asked why it was necessary to borrow money for a snorkel. Mayor Nemeth indicated there was a two year wait for delivery, and by entering into an agreement now we can purchase it at current price. Council Member Adams asked Mr. Welch if the $300,000 was for four exhibits. Mr. Welch indicated five exhibits if the change exhibit was included. She asked the total cost of completing the museum. Mr. Welch indicated they were looking at three phases; the first phase would be the five exhibits for the $300,000; and $179,000 would be used for two other exhibits; and one would be funded from local fund raising. Council President Parent asked how much the Discovery Hall portion cost the City. Council Member Miller indicated it was less than a million. Council President Parent said the City had to cut police officers, fire fighters and Street Department workers because there wasn't enough money to pay them. He indicated there was no question but what the displays were needed, but it was not necessary to spend this much money at this period of time. Council Member Miller indicated he had viewed a Wetzel museum in Minnesota, and they did a fabulous job. He indicated it was exciting to see, that it does bring in tourism and was an economical benefit to the community. He indicated he thought the construction of this museum would be an economical benefit to the community. He indicated he had had opportunities to take industrial and commercial business executives through the museum and they have been excited about it. He indicated that the leadership position of this issue in the community is to support the museum, not only forthe economical benefit to the community, but the cultural, historial and educational benefit of the community. Council Member Dombrowski spoke in favor of this bill. Council Member Szymkowiak spoke in favor of the bill. Council Member Horvath indicated that the question is whether we should spend $300,000 for exhibits at this time. He said the City should go slowly on this, because we do not know what is in for next year as far as expenses are concerned. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried on a roll call vote of five ayes and four nays (Council Members Kopczynski, Adams, Horvath and Parent.) There being no further business to come before the Committee of the Whole, Council Member Parent made a motion to rise and report to the Council and recess, seconded by Council Member Dombrowsk: The motion carried and the meeting was recessed at 8:32 p.m. ATTEST: ATTEST: City Clerk Chairman REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers on the fourth floor of the County -City Building at 8:48 p.m. Council President Parent presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6588 -79 AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 2, DIVISION 7, SECTION 21 -18 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Serge. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 6589 -79 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA AND; (1) VAN WATERS AND ROGERS, SOUTH BEND, INDIANA; (2) JONES CHEMICALS, INC., BEECH GROVE,. INDIANA; (3) CHEMTECH INDUSTRIES, INC., ST. LOUIS, MISSOURI; AND (4) WATCON, INC., SOUTH BEND, INDIANA, FOR THE PURCHASE OF CHEMICALS FOR USE FROM JUNE 1, 1979 TO JUNE 1, 1980.IN THE TOTAL AMOUNT OF $49,937.50. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed on a roll call vote of nine ayes. ORDINANCE NO. 6590 -79 AN ORDINANCE APPROVING CONTRACTS BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND (1) BASNEY FORD, SOUTH-BEND, INDIANA; (2) GATES CHEVROLET, SOUTH BEND, INDIANA; AND (3) SHAMROCK FORD, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN MOTOR VEHICLES IN THE TOTAL AMOUNT OF $48,671.07. This bill had second reading. Council Member Dombrowski made a motion to pass this bill,secondei by Council Member Miller. The bill passed on a roll call vote of nine ayes. REGULAR MEETING MAY 29, 1979 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6591 -79 AN ORDINANCE APPROPRIATING $100,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR A DEMONSTRATION BLOCK PRO- JECT, TO BE ADMINISTERED BY THE COMMUNITY DEVELOPMENT PRO- GRAM AND THE DEPARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Serge 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. 6592 -79 AN ORDINANCE APPROPRIATING $300,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR DEVELOPMENT OF PERMANENT, INTERPRETIVE EXHIBITS FOR THE DISCOVERY HALL MUSEUM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of five ayes and four nays (Council Members Kopczynski, Adams, Horvath and Parent.) RESOLUTIONS RESOLUTION NO. 700 -79 AN INDUCEMENT RESOLUTION RELATING TO THE W &B REALTY PROJECT. WHEREAS, pursuant to I.C. 18- 6 -4.5, the Common Council of the City of South Bend, Indiana created the South Bend Economic Development Commission, which Commission, heretofore has investi- gated, studied, surveyed and reported to the Mayor and the Common Council of the City of South Bend, Indiana, that a need exists in the community for additional job opportunities and commerica_ and industrial diversification within the.City of South Bend, Indiana; and in order to improve and promote job opportunities, commercial diversification, and the general welfare of the area within the City of South Bend, Indiana, a financing agreement should be entered into with W &B Realty, or its assigns, relating to a project to be known as the "W &B Realty Project "; and WHEREAS, W &B Realty is an existing partnership established in the trade or business of renting commercial and office property and desires to construct and erect a l Z or 2 story building approximately 60 feet wide and 140 feet long comprising approximately 16,800 square feet for lease to Koszegi Leather and Vinyl Products, Inc., which new structure will be used by said tenant for production and storage facilities and will adjoin an existing structure owned by W &B Realty and presently under lease to Koszegi Leather and Vinyl Products, Inc., and which new facility will result in a substantial increase in the number of employees of such tenant; and WHEREAS, to induce W &B Realty, or its assigns, to become the principal user of such Economic Development Facilities, the Common Council of the City of South Bend desires to adopt this resolution; and WHEREAS, it is apparent that the development of the W &B Realty Project will increase job opportunities and commercial diversification in South Bend, Indiana, resulting in benefit to the welfare of the public in the City of South Bend, Indiana, and in St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Common- Council of the City of South Bend, Indiana, as follows: SECTION 1. That approval is hereby given to the application of W &B Realty, or its assigns, relating to the construction and erection of such Economic Development Facilities under an arrangement whereby the cost of such construction and erection would be paid from the proceeds of Industrial Revenue Bonds to be issued by the City of South Bend, Indiana, for an amount not exceeding One Hundred Seventy -Five Thousand ($175,000.00) Dollars, repayable with interest thereon over a period of time and with a maturity date which does not exceed beyond thirty (30) years after the issue date. SECTION 2. In order to encourage, induce and solicit such application by W &B Realty for such Industrial Revenue Bond issue relating to the construction and erection of such Economic Development Facilities, the South Bend Economic Development Commission on behalf of the City of South Bend, shall proceed to cooperate with and take such action as may be necessary in the approval and drafting of documents or the performing of such other acts as will facilitate the issuance of such Industrial Revenue Bonds by the City of South Bend to provide funds to be used in the construction and erection of such Economic Development Facilities. SECTION 3. Any costs or expenses incurred in connection with said W &B Realty Project shall be included in the project costs and reimbursed from the proceeds of the Industrial Revenue Bonds to be issued with respect thereto. SECTION 4. This resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend and approval by the Mayor. /s /Terry S. Miller Member of the Common Council REGULAR MEETING MAY 29, 1979 REGULAR MEETING RECONVENED (CONTINUED A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated this inducement resolution asks for tentative approva by the Common Council to construct a new facility on Chapin Street. He indicated if this bond was approved by the Commission, this would again appear before the Council in the form of an ordinance. Council Member Kopezynski made a motion to adopt this resolution, seconded by Counci Member Dombrowski. The resolution was adopted on a roll call vote of nine ayes. BILLS, SECOND READING BILL NO. 58 -79 A BILL APPROVING THE RESIGNATION OF THE NATIONAL BANK AND TRUST COMPANY OF SOUTH BEND AS TRUSTEE AND NAMING OF THE FIRST BANK AND TRUST COMPANY OF SOUTH BEND AS TRUSTEE. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 11, 1979, seconded by Council Member Miller. The motion carried. BILL NO. 59 -79 This bill had first hearing and second carried. A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND (1) CLOW CORPORATION, SOUTH BEND, INDIANA; (2) SIDENER SUPPLY OF INDIANA, INC., INDIANAPOLIS; INDIANA; AND (3) UNITED STATES PIPE AND FOUNDRY COMPANY, CHICAGO, ILLINOIS, FOR THE PURCHASE OF AN ASSORTMENT OF WATER MAIN, VALVES, FITTINGS AND HYDRANTS IN THE AMOUNT OF $357,762.18. reading. Council Member Taylor made a motion to set this bill for public reading June 11, 1979, seconded by Council Member Dombrowski. The motion ORDINANCE NO. 6593 -79 AN ORDINANCE APPROVING THE FORM AND TERMS OF A LOAN AGREEMENT AND TRUST INDENTURE, REAL ESTATE MORTGAGE AND INDUSTRIAL DE- VELOPMENT REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO K &K LEASING CO. PROJECT. This bill had first reading. Council Member Taylor made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Dombrowski. The motion carried on a roll call vote of nine ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this $580,000 bond was to finance the acquisition of property and equipment and the construction of a facility located at 3202 North Kenmore. He said the new facility will initially employ approximately twenty -one people. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. BILL NO. 61 -79 A BILL APPROPRIATING $122,400.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 61, MICHIGAN STREET -MAIN STREET CONNECTOR, WITHIN THE LOCAL ROAD AND STREETS FUND. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading June 11, 1979, seconded by Council Member Taylor. The motion carried. BILL NO. 62 -79 A BILL APPROPRIATING $684,400.00 TO VARIOUS ACCOUNTS WITHIN THE BUREAU OF STREETS BUDGET OF THE MOTOR VEHICLE HIGHWAY FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading June 11, 1979, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR Mrs. Ann Puzzello, 1247 E. LaSalle, spoke regarding the ethnic festival fireworks. She indicate that the City should have the fireworks. Council Member Miller made a motion to send a letter to the City Controller requesting he appear before the Council at their next meeting with an ordinance in hand as to how the fireworks are to be funded, seconded by Council Member Adams. The motion carried. Mr. Joseph Burkus, spoke about the comment Councilman Kopczynski had made about County residents not being able to speak at City Council meetings. Council President Parent indicated that County residents could speak at Council meeting and all that was required was their name and address. Mr. Chester Bentkowski, 25363 Gordon Road, indicated that even if he was a County resident they should be able to speak at City Council meetings, since they consider themselves a part of the community. NEW BUSINESS Sale of City -owned property: 2530 Bertrand, 329 N. Cushing, 331 N. Cushing, 331 N. Cushing, 230 Embell Court, 2005 W. Indiana, 416 S. Kenmore, 420 S. Kenmore, 1320 W. Jefferson, 677 LaPort 1316 Liston. Council Member Adams made a motion to approve the sale of this property, seconded by Council Member Miller. The motion carried. Council Member Serge asked Mr. Wells, manager of Design and Administration; to talk with Mr. M about the one lane traffic situation in approximately the 1600 block if Inglewood Place. He indicated he wanted to know what the City was going to do about this problem. There being no further business to come before the Council, unfinished or new, Council Member Kopczynski made a motion to adjourn; seconded by Council Member Adams. The motion carried and the meeting was adjourned at 9:15 p.m. ATTEST: City Clerk President n