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HomeMy WebLinkAbout06-25-79 Council Meeting MinutesBe 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 25, 1979, at 7:OO 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 ABSNET: 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 June 25, 1979, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. s/ Mary Christine Adams Council Member Serge made a motion that the minutes of the June 11, 1979, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. 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 Monday, June 25, 1979, at 7:06 p.m., with nine members present. Chairman Frank Horvath presiding. 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 REQUIRING THE REGISTRATION OF PLUMBERS AND WATER SOLFTENER DEALERS AS A CONDITION TO THE ISSUANCE OF A PLUMBING PERMIT, AND BY ESTABLISHING A PENALTY FOR THE VIOLATION THEREOF. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Mr. James Masters, assistance city attorney, requested that public hearing be continued on this bill until July 9, 1979. Council Member Adams made a motion to continue public hearing, seconded by Council Member Taylor. The motion carried. BILL NO. 65 -79 A BILL APPROPRIATING $275,690.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS -513, CLEVELAND ROAD TRUNK SEWER, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Mr. David Wells, manager of the Bureau of Administration and Design requested this matter be continued until July 24, 1979, seconded by Council Member Serge. The motion carried. BILL NO. 66 -79 A BILL AUTHORIZING THE ISSUANCE OF $1,100,000.00 ECONOMIC DEVELOPMENT REVENUE BONDS (LAIDIG SILO UNLOADERS, INC. PROJECT) OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF FUNDING A LOAN TO LAIDIG SILO UNLOADERS, INC. IN ORDER TO FINANCE THE ACQUISITION AND CON- STRUCTION OF CERTAIN REAL ESTATE AND ECONOMIC DEVELOPMENT FACILITIES LOCATED WITHIN ST. JOSEPH COUNTY, INDIANA, FOR USE BY LAIDIG SILO UNLOADERS, INC.; AUTHORIZING EXECUTION OF THE LOAN AGREEMENT, MORTGAGE AND SECURITY AGREEMENT; AUTHORIZING AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF THE REVENUES FROM THE LOAN AGREEMENT; AND AUTHORIZING THE SALE OF SAID BONDS. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, asked that this bill be continued until July 9, 1979. Council Member Adams made a motion to continue public hearing on the bill until July 9, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 68 -79 A BILL APPROPRIATING $33,000.00 TO ACCOUNT 260.0 OTHER CONTRACTUALS WITHIN THE CEMETERY TRUST FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Mr. Robert Niezgodski, manager and fiscal officer of the Bureau of Cemeteries, made the presentation for the bill. He indicated this appropriation would be used for the erection of a new fence at the City Cemetery. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING JUNE 25, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 69 -79 A BILL APPROPRIATING $7,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR DEFRAYING THE EXPENSE OF PROVIDING A FIRE WORKS DIS- PLAY IN CONJUNCTION WITH THE ETHNIC FESTIVAL. THIS APPROPRIA- TION WILL 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 op- ponents were given an opportunity to be heard. Mr. Michael Vance, Deputy City Controller, made the presentation for the bill. He indicated this appropriation would be used to pur- chase fire works for the Ethnic Festival. Ms. Lois Clark, from North Liberty, indicated she enjoyed the Ethnic Festival and hoped that it is continued. She indicated, however, that $7,000 was more than some families in the city made in a year. She said that perhaps the merchants could contribute toward the fire works. Council Member Miller indicated they had tried to get the cooperation of the business community to purchase the fire works and were unsuccessful. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Miller. The motion carried. BILL NO. 70 -79 A BILL APPROVING THE FORM AND TERMS OF A LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO DERBY, INC. PROJECT. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated that this $180,000 bond issue would finance the acquisition of property, construction of a facility and the purchase of equipment to be located at 24350 State Road 23. He said the new facility will initially employ approximately ten people. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion car- ried. 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: CITY CLERK REGULAR MEETING RECONVENED CHAIRMAN Be it remembered that the regular meeting of the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:27 p.m., Council President Parent presiding and nine members present. BILLS, SECOND 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 RE- VISING THE SCHEDULE OF PLUMBING PERMIT FEES, BY REQUIRING THE REGISTRATION OF PLUMBERS AND WATER SOFTENER DEALERS AS A CONDITION TO THE ISSUANCE OF A PLUMBING PERMIT, AND BY ESTABLISHING A PENALTY FOR THE VIOLATION THEREOF. Council Member Taylor made a motion to continue public hearing and second reading on this bill until July 9, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 65 -79 A BILL APPROPRIATING $275,690.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS -513, CLEVELAND ROAD TRUNK SEWER WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. Council Member Taylor made a motion to continue public hearing and second reading on this bill, until July 23, 1979, seconded by Council Member Horvath. The motion carried. BILL NO. 66 -79 A BILL AUTHORIZING THE ISSUANCE OF $1,100,000.00 ECONOMIC DEVELOPMENT REVENUE BONDS (LAIDIG SILO UNLOADERS, INC. PROJECT) OF THE CITY OF SOUTH BEND, INDIANA FOR THE PUR- POSE OF FUNDING A LOAN TO LAIDIG SILO UNLOADERS, INC. IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN REAL ESTATE AND ECONOMIC DEVELOPMENT FACILITIES LOCATED WITHIN ST. JOSEPH COUNTY, INDIANA, FOR USE BY LAIDIG SILO UNLOADERS, INC.: AUTHORIZING THE EXECUTION OF THE LOAN AGREEMENT, MORTGAGE AND SECURITY AGREEMENT, AUTHORIZING AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF THE REVENUES FROM THE LOAN AGREEMENT: AND AUTHORIZING THE TERMS AND SALE OF SAID BONDS. Council Member Taylor made a motion to continue public hearing and second reading on this bill until July 9, 1979, seconded by Council Member Horvath. The motion carried. ORDINANCE NO. 6599 -79 AN ORDINANCE APPROPRIATING $33,000.00 TO ACCOUNT 260.0 OTHER CONTRACTUALS WITHIN THE CEMETERY TRUST FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. REGULAR MEETING JUNE 25 1979 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6600 -79 AN ORDINANCE APPROPRIATING $7,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR DEFRAYING THE EXPENSE OF PROVIDING A FIRE WORKS DISPLAY IN CONJUNCTION WITH THE ETHNIC FESTIVAL. THIS APPROPRIATION WILL BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Adams. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6601 -79 AN ORDINANCE APPROVING THE FORM AND TERMS OF A LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS; AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO DERBY, INC. PROJECT. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 705 -79 A RESOLUTION AUTHORIZING THE .EXECUTION OF.AN AGREEMENT WITH SIMON BROS, INCORPORATED, OR ANY SUBSIDIARY THEREOF, RELATING TO THE CONSTRUCTION AND INSTALLATION OF ECONOMIC DEVELOPMENT FACILITIES TO BE USED IN THE SALE OF VARIOUS TYPES OF FOODS, PAPER, SUPPLIES AND OTHER COMMODITIES, WITHIN THE BOUNDARIES OF THE CITY OF SOUTH BEND, INDIANA. WHEREAS, the City of South Bend, Indiana (the "Issuer "), by virtue of the laws of the State of Indiana, including the Municipal Economic Development Act of 1965, as amended, Indiana Code of 1971, Title 18, Article 6, Chapter 4.5 (the "Act "), is authorized and em- powered, among other things, (a) to provide funds to pay costs of economic development facilities within the boundaries of the Issuer, to be owned and used by Simon Bros., Incorporat or any subsidiary thereof (the "Company "), (b) to issue economic development revenue bonds for the purpose of paying the costs of such construction and finance costs, (c) to secure such economic development revenue bonds by an indenture, including the pledge and assignment of revenues derived from such economic development facilities to the payment of said revenue bonds and the granting of a mortgage on such facilities for the benefit of the bondholders, and (d) to enter into a loan agreement hereinafter mentioned; and WHEREAS, the Company is a corporation duly organized under the laws of the State of Indiana and desires to construct economic development facilities within the Issuer to be used in the sale of various types of foods, paper, supplies, and other commodities (the "Facility "); and WHEREAS, it is the desire of the members of the Common Council of the Issuer that the additional jobs and employment opportunities resulting from the Facility be provided at the earliest possible moment and that the economic improvement produced by the operation of the Facility within the Issuer occur at the earlies possible time; and WHEREAS, under the provisions of the Act it will be necessary for the South Bend Economic Development Commission (the "Commission ") and the Common Council of the Issuer to undertake certain proceedings and adopt certain legislation prior to the issuance of any economic Development revenue bonds to provide funds for the construction and installation of such Facility and prior to the execution of any loan agreement therefore; and WHEREAS, this Common Council desires to initiate certain formal steps necessary to secure the commitment of the Company to construct and.use the Facility and to provide for other matters incidental thereto; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana th SECTION 1. It does hereby approve a finding and determination by the Commission that: a. The real and personal property to be included in the Facility will be an "economic development facility" within the meaning of those terms in the Act. b. That the utilization of such real and personal property in the creation and location of the Facility would be economically sound and will benefit the health, prosperity, economic stability and general welfare of the Issuer and that because of existing insufficient employment opportunities and .insufficient diversification of industry within the Issuer, the economic welfare of the Issuer would be benefited by the construction and use of the Facility by the Company. SECTION 2. In order to overcome insufficient employment opportunities and insufficient diversification of industry which the Common Council of the Issuer has heretofore found to exist in the Issuer, this Common Council determines to commence negotiations with the Company concerning the terms of a loan agreement and desires to initiate certain formal steps to secure the commitment of the Company to construct and use the Facility and to provide for other matters incidental thereto. SECTION 3. Upon the approval and execution by the Commission of an agreement containing substantially the same terms and conditions as Exhibit A attached hereto, the Mayor is authorize and directed to execute the Agreement in the form attached hereto as Exhibit A, and such Agree- ment as attached hereto is hereby in all respects approved. SECTION 4. This resolution shall be in full force and effect from and after its passage by the Common Council, signed by the President of theCommon Council and approved by the Mayor. /s /Terry S Miller Member of the Common Council im �t. REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED JUNE 25, 1979 419 A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated this was an inducement resolution, and the bill to approve the bond issue was having first reading, this evening. He said this company intends to construct a facility at 1901 North Bendix Drive, that will initially employ six people. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call of nine ayes. BILLS, FIRST READING BILL NO. 71 -79 A BILL AUTHORIZING THE ISSUANCE AND SALE OF $1,300,000 ECONOMIC DEVELOPMENT REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO SIMON BROS, INCORPORATED, IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES LOCATED IN THE CITY; AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT; PROVIDING FOR THE DELIVERY OF A NOTE AND ASSIGNMENT THEREOF AS SECURITY FOR SAID BONDS; AUTHORIZING AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF THE REVENUES FROM SUCH NOTE; AND AUTHORIZING THE TERMS AND SALE OF SAID BONDS. This bill had first reading. Council_9,mfib,-er Adams made a motion to set this bill for public hearing and second reading July 9, 1979, seconded by Council Member Dombrowski. The motion carried. UNFINISHED BUSINESS Report from Area Plan - Northwest and Southwest Corners of St. Joseph and Callender "Upon a motion by Patrick McMahon, being seconded by Rene Vandewalle, and carried the petition of Walter R. Samuels to zone from "C" Commercial, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at the northwest and southwest corners of St. Joseph and Callander Streets, City.of South Bend, is tabled until July 17, 1979, meeting of the Area Plan Commission to allow time for the City Engineer to address the traffic circulation issues listed in Ralph Wadzinski's letter." Council Member Adams .made a motion to set this bill for public hearing and second reading July 9, 1979, seconded by Council Member Dombrowski. The motion carried. Report from Area Plan - 700.37 feet west of the NE corner of Ireland and Ironwood roads "Upon a motion by Dwight Miller, being seconded by Joseph Serge, and carried, the petition of Nohl A. Lueneburg, et al, as amended, to zone from "A" Residential, "A" Height and Area to "C -2 " Commercial, "A" Height and Area, property located 700.37 feet west of the inter- section of the center lines of Ireland and Ironwood Roads, South Bend, Indiana, is returned to the Common Council with a favorable recommendation, subject to a final site plan showing cross - easements providing access to the parcels to the east and west of the site. Such cross- easements shall be recorded either through a subdivision process or by legal instrument approved by the Commission's attorney." Council Member Adams made a motion to set this bill for public hearing and second reading July 23, 1979, seconded by Council Member Dombrowski. 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 Dombrowski. The motion carried and the meeting was adjourned at 7:37 p.m. ATTEST: APPROVED: CITY CLERK PRE J..L.L .L .L .L .L .L .L .L J. .L .L .LT��T�T�T TT�TTT�TTT TTTT� TT� T����'TiT9T•T'T�T � ;T'T TT ��TTTT TTT TTTTT TT T� �TTT�TTTT TTTTTTT TT TT TTT