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HomeMy WebLinkAbout07-09-79 Council Meeting MinutesREGULAR MEETING JULY 9. 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, July 25, 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, Dombrowski, and Parent ABSENT: Council Member Adams and Horvath 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 /Roger 0. Parent /s /Mary Christine Adams • , ? • • • _ 11 PON Did LA V1 �1 1 Council Member Serge made a motion that the minutes of the June 25, 1979, meeting of the Council be accepted and placed on file, seconded by Council Member Taylor. The motion carried. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Taylor. The motion carried. COMMITTEE OF THE WHOLE Be it remembered Whole on Monday, presiding. BILL NO. 66 -79 that the Common Council of the City of South Bend .met in the Committee of the July 9, 1979, at 7:01 p.m., with seven members present. Vice President Serge 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 CONSTRUCTION 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: 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. This being the time heretofore set for public hearing on the above bill, proponents and opponent., were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Develop- ment Commission, made the presentation for the bill. He indicated this company is presently located in leased facilities in Mishawaka. He said the new facility will be located on Dragoon Trail. He said they plan an increase of employment of approximately ten persons. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. 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 AS- SIGNMENT 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 being the time heretofore set for public hearing on the above bill, proponents and opponent; were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Develop- ment Commission, made the presentation for the bill. He indicated this proposed facility will consist of three building additions to an exisiti.ng office and warehousing facility. He said the new facility will result in additional employment initially of six employees. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 49 -79 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) (NORTHWEST AND SOUTHWEST CORNERS OF ST. JOSEPH AND CALLENDER.) Council Member Miller made a motion to continue public hearing and second reading on this bill until July 23, 1979, seconded by Council Member Dombrowski. The motion carried. 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 SOFTENER 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 opponent: were given an opportunity to be heard. Mr. Jim Masters, assistance City Attorney, made the pre- sentation for the bill. He explained the purpose of the bill and the amendments that had been made since the original bill was filed. He asked the Council to substitute the amended bill, for the original bill that was filed with the Clerk. Mr. James Markle, Building Commission, indicated that basically this bill would require people doing work in South Bend to register, and after they register they can obtain the permit as required. He indicated that other cities, the size of South Bend, have the same fee schedule. Council Member Taylor made a motion to amend this bill by substituting the amended version, seconded by Council Member Dombrowski. The motion carried. Council Member Miller 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 Miller made a motion to rise and report to the Council, seconded by Council Member Dombrowski. The motion carried. ATTEST: ATTEST: City Clerk Chairman, pro tem 5 REGULAR MEETING JULY 9, 1979 REGULAR MEETING RECONVENED 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 7:12 p.m., Council President Parent presiding and seven members present. BILLS, SECOND READING ORDINANCE NO. 6602 -79 AN ORDINANCE 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 CONSTRUCTION OF CERTAIN REAL ESTATE AND ECONOMIC DEVELOPMENT FACILITIES LOCATED WITHIN ST. JOSEPH COUNTY, INDIANA, FOR USE BY THE 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 TERMS AND SALE OF SAID BONDS. 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 seven ayes. ORDINANCE NO. 6603 -79 AN ORDINANCE 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 CON- STRUCTION OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES LOCATED IN THE CITY; AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT; PRO - VIDING.FOR THE DELIVERY OF A NOTE AND ASSIGNMENT THEREOF AS SECURITY FOR SAID BONDS; AUTHORIZING THE 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 second reading. Council Member Szymkowiak made a motion to pass this bill, seconde by Council Member Serge. The bill passed by a roll call vote of seven ayes. BILL NO. 49 -79 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 (NORTHEST AND SOUTHWEST CORNERS OF ST. JOSEPH AND CALLANDAR.) Council Member Dombrowski made a motion to continue public hearing and second reading on this bill until July 23, 1979, seconded by Council Member Szymkowiak. The motion carried. ORDINANCE NO. 6604 -79 AN ORDINANCE 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 TO THE ISSUANCE OF A PLUMBING PER - MIT, AND BY ESTABLISHING A PENALTY FOR THE VIOLATION THEREOF. This bill had second reading. Council Member Taylor made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Serge made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of of seven ayes. RESOLUTIONS RESOLUTION NO. 706 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO EXPEND FUNDS NECESSARY FOR CONSTRUCTION COSTS FOR THE PUBLIC PORTIONS OF A MULTI -USE PROJECT IN THE BLOCK BOUNDED BY COLFAX,MICHIGAN, WASHINGTON AND ST. JOSEPH STREETS IN DOWNTOWN SOUTH BEND UP TO AND IN- CLUDING OCTOBER 1, 1979. WHEREAS, construction a first -class hotel, retai an all - weather garage, and will be located in an area East, Washington Street on and is proposed of a multi -use complex consisting of an office building, L space, an enclosed atrium interconnecting the various structures. an enclosed walkway to the Century Mall, all of which improvements bounded by Colfax Avenue on the North, St. Joseph Street on the the South and Michigan Street on the West, in South Bend, Indiana; WHEREAS, the City of South Bend has received approval from the United States Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1977 for an Urban Development Action Grant in the amount of $7,600,000.00 for construction of the public portion of the project; and WHEREAS, the successful completion of the project is in the best interests of the citizens and taxpayers of the City of South Bend, Indiana, in that the project will foster additional permanent jobs in the community, will expand the tax base of the City, and will promote addition- al economic development through the community; and REGULAR MEETING JULY 9, 1979 REGULAR MEETING RECONVENED (CONTINUED WHEREAS, the City.of South Bend has entered into a Development Agreement with FBT BANCORP, Inc. of South Bend, Indiana, and Marriott Hotels of Washington, D.C.; by its nominee RAHN Properties. II, and parties to the proposed construction of the multi -use project; and, WHEREAS, the Department of Housing and Urban Development has required the City to begin construction of the project before July 18, 1979. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Mayor of the City of South Bend, through its Board of Public Works and its Redevelopment Commission, hereby is authorized to expend all funds necessary for construction costs for the public portions of the project up to and including October 1; 1979. SECTION II. This Resolution shall be in full force and effect from and after its passage by the Common Council, and its approval by the Mayor. /s /Roger O. Parent Member of the Common Council A public hearing was held on the resolution at this time. Mayor Peter J. Nemeth indicated this was phase two of a resolution passed in March, which related to architectural, engineering and development management costs. He said this resolution will cover construction fees. He said construction will commence tomorrow morning, if this resolution is adopted. He said the Marriott Hotel cannot sell the bonds until after October 1, 1979, however, if we wait to start construction there will be an inflation problem. He said the hotel was on a strict budget, and if they had to wait one year a ten percent increase in costs will.kill the project. Mr. James Grummell, 1146 Cleveland, spoke against this resolution, because the City does not have a firm commitment from the Marriott or the First Bank. Council Member Dombrowski asked if there was an established timetable for this construction. Mr. Doyle Baum, vice president of Sollitt Construction, indicated the City had a letter from Sollitt which generally answered the question. He said the garage will start now and finish in April of 1980; the hotel will start in March of 1980, as well as the bank, and the construction completion will be in 1981. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of seven ayes. BILLS, FIRST READING ORDINANCE NO. 6605 -79 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $10,000,000 REVENUE OBLIGATIONS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO RAHN PROPERTIES II IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES; AUTHORIZING EXECUTION OF A LOAN AGREE- MENT, INDENTURE OF TRUST, BOND PURCHASE AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH. This bill had first reading. Council Member Kopczynski made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Taylor. The motion carried on a roll call vote of seven 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 bond issue would finance the acquisition of real estate and constructior of a facility in the "hole ". He said when the new facility is completed, the partnership will enter into an agreement with the Marriott Corporation for the operation of a hotel facility. He said it was anticipated that employment will be between 300 to 400 employees. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of seven ayes. BILL NO. 73 -79 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) (WEST OF JACKSON MIDDLE SCHOOL ATHLETIC FACILITIES.) This bill had first reading. Council .Member Taylor made a motion to send this bill and petition to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 74 -79 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE YOUTH SERVICE BUREAU "SHELTER ", A PROGRAM OPERATED THROUGH THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING 7 -1 -79 AND ENDING 6- 30 -80, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading July 23, 1979, seconded by Council Member Dombrowski. The - motion carried. BILL NO. 75 -79 A BILL APPROPRIATING $50,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS THE GENERAL REVENUE SHARING GRANT FOR MOTOR EQUIPMENT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF PUBLIC PARKS. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading July 23, 1979, seconded by Council Member Taylor. The motion carried. 453 REGULAR MEETING JULY 9, 1979 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 76 -79 A BILL APPROPRIATING $3,681,617.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DIVISION OF COMMUNITY DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATING SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JULY 5, 1979, AND ENDING JULY 4, 1980, 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 July 23, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 77 -79 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) (942 N. EDDY.) This bill had first reading. Council Member Miller made a motion to send this bill and petition to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 78 -79 A BILL FIXING THE ANNUAL PAY OF FIREFIGHTERS FOR THE CALENDAR YEAR 1980. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading July 23, 1979, seconded by Council Member Miller. The motion carried. BILL NO. 79 -79 A BILL FIXING THE ANNUAL PAY OF POLICEMEN FOR THE CALENDAR YEAR 1980. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading July 23, 1979, seconded by Council Member Taylor. The motion carried. BILL NO. 80 -79 A BILL APPROPRIATING $123,500.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE DESIGN OF THE EAST RACE PROJECT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading July 23, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 81 -79 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR OF 1980. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading July 23, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO..82 -79 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT FOR THE YEAR FROM JULY 1, 1979 TO JUNE 30, 1980. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading July 23, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 83 -79 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE BUREAU OF EMPLOYMENT AND TRAINING OF THE CITY OF SOUTH BEND FOR THE FISCAL YEAR 1980. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading July 23, 1979, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR. Mrs. Ralph Przestwor, 918 N. Elmer, indicated she thought this was an historic occasion and complemented the Mayor and the Council on getting the "hole" filled. Mrs. Mary Zilkowski, 3827 S. Fellows, asked if the land Van Gates wanted to purchase would come before the Council again. She was told it would come before the Council again. She indicated she thought it would be nice to have something on that piece of land other than parked cars. UNFINISHED BUSINESS Report from Area Plan - Historic Landmark - 701 E. Pennsylvania "We have reviewed the Historic Preservation Commission's proposed designation of the above pro- perty as an historic landmark with respect to the relationship of said property to the zoning ordinance and the Comprehensive Plan for the City of South Bend. The proposed designation concur with the Comprehensive Plan as this area will develop as Residential Moderate Density, and with the present zoning of "B" Residential. We therefore return a favorable recommendation to the Historic Preservation Commission." 454 REGULAR MEETING JULY 9, 1979 REGULAR MEETING RECONVENED (CONTINUED Council Member Dombrowski made a motion to set this bill for public hearing and second reading July 23, 1979, seconded by Council Member Miller. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Dombrowski made a motion to adjourn, seconded by Council Member Miller. The motion carried and the meeting was adjourned at 7:38 p.m. ATTEST: APPROVED: City Clerk s Presi * * * * * * * * * * * * * **