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Home My WebLink About06-11-79 Council Meeting MinutesREGULAR MEETING JUNE 11, 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 Monday, June 11, 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, Taylor, Adams, Dombrowski and Horvath ABSENT: Council Members Miller, Kopczynski and Parent 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 29, 1979 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger 0. Parent /s /Mary Christine Adams Council Member Taylor made a motion that the minutes of the May 29, 1979, meeting of the Council be accepted and placed on file, seconded by Council Member Adams. 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 Committee of the Whole on Monday, June 11, 1979, at 7:01 p.m., with six members present. Chairman Frank Horvath presiding. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Richard Mintz, attorney, made the presentation for the bill. He indicated it was necessary to change the trustees for the economic development revenue bond issue that was issued to Brethern Care of South Bend, Inc. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 59 -79 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. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Bill Dillon, of the Water Works, made the presenta- tion for the bill. He indicated bids were let for this equipment and found to be competitive. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated this appropriation was necessitated by the current guidelines under which his office must function when acquiring right -of -way and the current inflationary trends affecting the construction industry. He said an additional sum of approxi- mately $88,500 will be returned to the Local Road and Street Fund through the sale of surplus property. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 62 -79 A BILL APPROOP AT-MG THE SUM OF $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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated this appropriation would increase the level of 1979 operations for the Bureau of Streets. He indicated that Indiana State Motor Vehicle Tax distri- butions increased only seven perecent in the last eight years, while gasoline costs have in- creased as much as 457 percent. He indicated that the State Legislature should increase the six cent gasoline tax. He also indicated that the Legislature should recognize the cities in norther Indiana, since they have far greater snow removal and maintenance costs due to the severe winters and they receive the same percentage allocation as the southern cities from the vehicle taxes. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. 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 Council Member Adams. The motion carried. ATTEST: ATTEST: 41�10 X�Lv_c" City Clerk AL� Chairman REGULAR MEETING JUNE 11 1979 REGULAR MEET'I'NG RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convended in the Council Chambers on the fourth floor of the County -City Building at 7:19 p.m., Council Vice President Serge presiding and six members present. BILLS. SECOND READING ORDINANCE NO. 6594 -79 AN ORDINANCE 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 second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed on a roll call vote of six ayes. ORDINANCE NO. 6595 -79 AN ORDINANCE 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. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Taylor. The 'bill passed on a roll call vote of six ayes. ORDINANCE NO. 6596 -79 AN ORDINANCE 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 second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Taylor. The bill passed on a roll call vote of six ayes. ORDINANCE NO. 6597 -79 AN ORDINANCE 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 second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed on a roll call vote of six ayes. RESOLUTIONS Council Member ADams made a motion to have public hearing on agenda items 9A, 9B and 9C. at this time, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 701 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE GENERAL REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts in excess of $5,000.00 must be approved by the Common Council; and WHEREAS, low bids for the general rehabilitation work under the Community Development Housing Program have exceeded $5,000.00. 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 Plaia Construction Company for the general rehabilita- tion work on the following properties: Lot #63 Happ & Taggart Lot #17 Park Place Lot #5 Feldman's Sub. Lot #67 Park Place 2nd Add. Lot #7 J. A. Judies Lot #41 Park Place Add. Lot #44 Park Place 2nd. Add. Lot #142 Park Place 2nd Add. Lot #167 Park Place Add. Lot #317 Park Place 3rd. Lot #D Parker & Allen Lot #66 Hartman & Millers Lot #9 Lederer & Longley 1226 E. Madison $6,988.00 1111 E. Miner 3,536.00 1120 E. Corby 5,485.00 1305 E. Sorin 5,006.00 1237 E. Miner 1,088.00 513 N. Arthur 3,168.00 1111 E. Sorin 4,100.00 1317 E. Bissell 5,879.00 1226 E. Chalfant 3,548.00 1202 E. Corby 3,997.00 1219 N. Twyckenham 1,788.00 1110 E. Georgiana 3,699.00 946 E. Sorin 3,893.00 Total $52,175.00 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/ ROGER O. PARENT Member of the Common Council REGULAR MEETING JUNE 11, 1979 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION NO. 702 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE ELECTRICAL REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts in excess of $5,000.00 must be approved by the Common Council; and WHEREAS, low bids for the electrical rehabilitation work under the Community Development Housing Program have exceeded $5,000.00. 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 Riffel Electric Company for the electrical rehabilita- tion work on the following properties: Lot #63 Happ & Taggart 1226 E. Madison Lot #17 Park Place E. 1111 E. Miner Lot #5 Feldman's Sub. 1120 E. Corby Lot #67 Park Place 2nd Add. 1305 E. Sorin Lot #7 J. A. Judies 394.00 1237 E. Miner Lot #41 Park Place Add. 513 N. Arthur Lot #44 Park Place 2nd Add. 1111 E. Sorin Lot #142 Park Place 2nd. Add. 1317 E. Bissell Lot #167 Park Place Add. 1226 E. Chalfant Lot #317 Park Place 3rd. 1202 E. Corby Lot #66 Hartman & Millers 1110 E. Georgiana Lot #9 Lederer & Longley 946 E. Sorin $1,162.50 1,523.50 517.00 1,776.50 819.50 442.50 747.00 737.00 1,129.00 452.50 823.00 390.50 Total $10,520.50 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 /Roger 0. Parent Member of the Common Council RESOLUTION NO. 703 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE PLUMBING REHABILITATION WORK IN THE COM- MUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on AUgust 11, 1975, all contracts in excess of $5,000.00 must. be approved by the Common Council; and WHEREAS, low bids for the plumbing rehabilitation work under the Community Development Housing Program have exceeded $5,000.00. 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 R. A. Stickler Plumbing Company for the plumbing re- habilitation work on the following properties: Lot #63 Happ & Taggart 1226 E. Madison $ 345.00 Lot #17 Park Place 1111 E. Miner 802.00 Lot #5 Feldman's Sub. 1120 E. Corby 495.00 Lot #67 Park Place 2nd Add. 1305 E. Sorin 427.00 Lot #41 Park Place Add. 513 N. Arthur 394.00 Lot #44 Park Place 2nd. Add. 1111 E. Sorin 604.00 Lot #142 Park Place Add. 1317 E. Bissell 675.00 Lot #167 Park Place Add. 1226 E. Chalfant 890.00 Lot #317 Park Place 3rd. 1202 E. Corby 786.00 Lot #D Parker & Allen 1219 N. Twyckenham 97.00 Lot #66 Hartman & Millers 1110 E. Georgiana 66.00 Lot #9 Lederer & Longley 946 E. Sorin 922.00 TOTAL $6,503.00 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 /Roger 0. Parent Member of the Common Council A public hearing was held on the resolutions at this time. Mr. James Harcus, Director of the Bureau of Housing, indicated that the adoption of these resolutions was necessary in order for them to complete the rehabilitation work on the homes listed on the resolutions. Council Member Taylor made a motion to adopt Resolution No. 701 -79, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of six ayes. Council Member Taylor made a motion to adopt Resolution No. 702 -79, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of six ayes. Council Member Taylor made a motion to adopt Resolution No. 703 -79, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of six ayes. REGULAR MEET G JUNE 11, 1979 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION NO. 704 -79 AN INDUCEMENT RESOLUTION RELATING TO THE LAIDIG SILO UNLOADERS, INC. PROJECT. WHEREAS, pursuant to I.C. 18- 6 -4.5, the Common Council'ofthe City of South Bend, Indiana, created the South Bend Economic Development Commission, which Commission, following an investiga- tion and survey, has determined that a need exists in the community for additional job opportun- ities and commercial and industrial diversification. That in order to improve and promote job opportunities, commercial diversification, and the general welfare of the community, a financing agreement should be entered into with Laid Silo Unloaders, Inc., or its assigns, relating to a project to be known as the "Laidig Silo Unloaders, Inc. Project "; and WHEREAS, Laidig Silo Unloaders, Inc. is an existing_- corporation organized under the laws of the State of Delaware engaging in the business of manufacturing and desires to expand its operations with the result that it will retain a substantial number of new employees, and, WHEREAS, Laidig Silo Unloaders, Inc. proposes to acquire a parcel of real estate located on Dragoon Trail, approximately one - quarter mile west of Elm Road in St. Joseph County, Indiana, and to construct thereon and equip an industrial facility consisting of some 50,000 square feet; and, WHEREAS, to induce Laidig Silo Unloaders, Inc., or its assigns, to become the principal user of such Economic Development Facilities, the South Bend Common Council desires to adopt this resolution; and, WHEREAS, it is apparent that the development of the Laidig Silo Unloaders, Inc. Project will increase job opportunities and commercial diversification in St. Jospeh County, Indiana, resulting in benefit to the welfare of the public in the CIty of South Bend and in.St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council as follows: SECTION 1. That approval is hereby given to the application of Laidig Silo Unloaders; Inc. relating to the acquisition of such real estate and the construction and equipping of an industrial facility thereon, wherein Industrial Revenue Bonds would be issued by the City of South Bend, Indiana, for an amount not exceeding $1,100,000.00 repayable with interest thereon over a period of time and with a maturity date which does not extend beyond thirty (30) years after the issue date. SECTION 2. In order to encourage, induce and solicit such application by Laidig Silo Unloaders, Inc. for such Industrial Revenue Bond issue relating to the acquisition, construction and equipping of such Economic Development Facilities, the South Bend Common Council shall proceed to cooperate with and take such action as may be necessary in the drafting of documents or the performance of such other acts as will facilititate the issuance of such Industrial Revenue Bonds by the City of South Bend, Indiana, to provide funds to be used toward the payment of the costs of acquiring such real estate and the construction, and equipping of such Economic Development Facilities. SECTION 3. Any costs or expenses incurred in connection with the Laidig Silo Unloaders, I Project shall be included in the project costs and reimbursed from the proceeds of the Industri Revene Bonds to be issued with respect thereto. SECTION 4. That the liability and obligation of the Common Council of the City of South Bend and the City of South Bend, Indiana, shall be limited solely to good faith efforts to consummate such proceedings and issue such bonds, and neither the. South Bend Common Council nor the City of South Bend, Indiana, or its officers or agents, shall incur any liability whatsoever if for any reason the proposed issuance of such bonds is not consummated. SECTION 5. 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 /Roger 0. Parent _ Member of the Common Council A public hearing was held on the resolution at this time. Mr. Richard Cramer, attorney, in- dicated this resolution would allow this project to proceed. He indicated that Laidig was presently located in leased facilities and they planned to build new facilities on Dragoon Trail. 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 six ayes. BILLS, FIRST READING BILL NO. 63 -79 A BILL AMENDING CHAPTER 6, ARTICLE 4, SECTION 6 -10, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY REVISING THE SCHEDULE OF PLUMBING PERMIT FEES, BY RE- QUIRING THE REGISTRATION OF PLUMBERS AND WATER SOFTENER DEALERS AS A CONDITION OF THE ISSUANCE OF A PLUMBING PERMIT, ANDBY ESTABLISHING A PENALTY FOR THE VIOLATION THEREOF. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 25, 1979, seconded by Council Member Adams. The motion carried. BILL NO. 64 -79 A BILL ESTABLISHING A 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. This bill had first reading. Council Member Horvath made a motion to refer this bill to Area Plan, seconded by Council Member Adams. The motion carried. 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