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HomeMy WebLinkAbout09-10-79 Council Meeting MinutesREGULAR MEETING SEPTEMBER 103 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, September 10, 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 August 27, 1979 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger Parent Council Member Serge made a motion that the minutes of the August 27, 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 Taylor. 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, August 27, 1979, at 7:01 p.m., with nine members present. Chairman Horvath presiding. BILL NO. 103 -79 A BILL AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND BONDS, AND.APPROVING THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE, BOND AND AUTHORIZING ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS AND APPROVING RESOLUTION NO. 18 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE W & B REALTY PROJECT. 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 Developmenl Commission, made the presentation for the bill. He indicated this bond issue of $175,000 would be for the construction of an economic development facility to be located at 640 South Chapin. He said the new facility will be leased to Koszegi Leather and Vinyl Products, Inc. He said approximately fifty new jobs will be created. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 89 -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) (615 N. MICHIGAN ST.) Since there was no one in the Chambers to make the presentation for this bill, Council President Parent made a motion to continue this public hearing until the end of the Committee of the Whole session, 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. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated they were successful in receiving a bid for this trunk sewer that was closer to what they thought was feasible for the project. He asked that this bill be amended to reflect the amount of the appropriation as $100,000. Council Member Miller made a motion to amend this bill, seconded by Council Member Adams. The motion carried. Counci: Member Szymkowiak made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. Council Member Kopczynski asked for a copy of the revise( plan. The motion carried. BILL NO. 104 -79 A BILL AMENDING AND RE- ENACTING CHAPTER 2, ARTICLE IX, SECTIONS 2 -126, 2 -127, 2 -1281 2 -129) 2 -130, 2 -131 AND 2 -132 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1976, ORDINANCE NO. 6003 -76 COMMONLY REFERRED TO AS THE SOUTH BEND HUMAN RIGHTS ORDINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Isadore Rosenfeld, Chairman of the Human Rights Commission, made the presentation for the bill. He indicated this proposed ordinance was an attempt to conform South Bend's ordinance with the State's requirements. He said major changes include the definition of the term "employer ", the procedure for review of decisions of the Commission, and the power to transfer and receive cases from the Indiana Civil Rights Commission and other agencies. Council Member Adams made a motion to amend this bill in Section 2 -128 (1) in the last sentence before the period add "or from the date of the termination of a published and meaningful grievance procedure provided by a respondent employer, or labor union. ", seconded by Council President Parent. The motion carried. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING SEPTEMBER 10, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 105 -79 A BILL TRANSFERRING THE SUM OF $8,971.00 FROM VARIOUS ACCOUNTS.TO VARIOUS ACCOUNTS WITHIN THE RIVER BEND PLAZA BUDGET OF THE GENERAL REVENUE SHARING TRUST FUND OF THE CITY OF SOUTH BEND, .INDIANA. 4717 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated that CETA funding will discontinue for those presently employed on October 1, 1979. He said that due to the specialized nature of their training the City feels a need to provide funding to employ three of the Maintenance Technicians who presently work at River Bend Plaza through December 31,,1979. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 106 -79 A BILL APPROPRIATING $11,990.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR DOG ENFORCEMENT PERSONNEL, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS MAYOR'S ACTION CENTER. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. He indicated that CETA funding becomes restrictive as of October 1, 1979. He said the City would like to provide funding for employment of several of the Animal Control employees through December 31, 1979. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 107 -79 A BILL APPROPRIATING $29,800.00 OF TITLE XX GRANT MONIES FROM THE CITY OF SOUTH BEND YOUTH SERVICE BUREAU FUND FOR VARIOUS YOUTH SERVICE BUREAU ACTIVITIES DURING THE PERIOD JULY 1, 1979 THROUGH JUNE 30, 1980. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Bonnie Strycker, Director of the Bureau, made the presentation for the bill. She indicated this appropriation would provide additional funding needed for a full.summer program, as well as extra funds for intern activities. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 89 -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) (615 N. MICHIGAN ST.) Since there was no one,in the Chambers to make the presentation for this bill, Council Member Miller made a motion to continue public hearing and second reading until September 24, 1979, seconded by CouncilMember Dombrowski. 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: 4 ,", &�' City Clerk REGULAR MEETING RECONVENED Be it remembered that the reconvened in the Council Council President Parent BILLS, SECOND READING ORDINANCE NO. 6633 -79 ATTEST: Chairman regular meeting of the Common Council of the City of South Bend CHambers on the fourth floor of the County -City Building at 7:20 p.m., presiding and nine members present. AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND BONDS, AND APPROVING THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE, BOND AND AUTHORIZING ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS AND APPROVING RESOLUTION NO. 18 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE W&B REALTY PROJECT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Adams. The bill passed by a roll call vote of nine ayes. BILL NO. 89 -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) (615 N. MICHIGAN ST.) Council Member Taylor made a motion to continue public hearing and second reading on this bill until September 24, 1979, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING SEPTEMBER 10, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED ORDINANCE NO. 6634 -79 AN ORDINANCE APPROPRIATING $100,000.00 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 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 Dombrowski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Adams. The bill passed by a roll call vote of nine ayes ORDINANCE NO. 6635 -79 AN ORDINANCE AMENDING AND REENACTING- CHAPTE:R-2, ARTICLE IX, SECTION 2 -126, 2 -127, 2 -128, 2- 129,,2 -_130, 2 7131, AND 2 -132 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1976, ORDINANCE NO.. ,6003 -76, COMMONLY - REFERRED TO AS THE SOUTH BEND HUMAN RIGHTS ORDINANCE This bill had second reading. Council Member Adams 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 Adams made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6636 -79 AN ORDINANCE TRANSFERRING THE SUM OF $8,971.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE RIVER BEND PLAZA BUDGET OF THE GENERAL REVENUE SHARING RUST FUND OF THE CITY OF SOUTH BEND, INDIANA. 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. 6637 -79 AN ORDINANCE APPROPRIATING $11,990.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR DOG ENFORCEMENT PERSONNEL, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS MAYOR'S ACTION CENTER. 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. 6638 -79 AN ORDINANCE APPROPRIATING $29,800.00 OF TITLE XX GRANT MONIES FROM THE CITY OF SOUTH BEND YOUTH SERVICE BUREAU FUND FOR VARIOUS YOUTH SERVICE BUREAU ACTIVITIES DURING THE PERIOD JULY 1,1979 THROUGH JUNE 30, 1980. 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. RESOLUTIONS RESOLUTION NO. 717 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE BOARD OF PUBLIC WORKS TO NEGOTITATE THE SALE OF LOT NUMBERED TWO AS SHOWN ON THE RECORDED PLAT OF HIGHLAND PARK ADDITION TO THE-CITY OF SOUTH BEND, COMMONLY KNOWN AS 2005 WEST INDIANA AVENUE. WHEREAS, the Board of Public Works of the CIty of South Bend, pursuant to the Municipal Code of the City of South Bend, Chapter 14.5 has offered for sale Lot Numbered Two as shown on the Recorded Plat of Highland Park Addition to the City of South Bend, commonly known as 2005 West Indiana Avenue, at an offering price of $975.00; and WHEREAS, the Board of Public Works of the City of South Bend has now received an offer to purchase the property at 2005 West Indiana Avenue for a price of $220.00; and WHEREAS, the Board of Public Works has now complied with all requirements of the Municipal Code of the City of South Bend, Chapter 14.5, which establishes procedures for the disposition of real property owned by the City of South Bend, and moe specifically real property valued by the Board at less than $1,000.00. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that: SECTION I. The Board of Public Works be authorized to negotiate a contract for the sale of Lot Numbered Two as shown on the Recorded Plat of Highland Park Addition to the City of South Bend commonly known as 2005 West Indiana Avenue for a total price of $200.00. 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 /Roger 0. Parent Member of the Common Council A public hearing was held on the resolution at this time.. Mr. Patrick McMahon, Director of Public Works, indicated that this property was appraised at $975, however, they had an offer of $220. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. �70 "REGULAR MFFTTNCT SEPTEMBER 10, 1979 REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 718 -79 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND DIVERSIFIED GROUP, AND INDIANA PARTNERSHIP, PROVIDING FOR THE ISSUANCE BY SAID CITY OF ECONIMIC DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF THE INDIANA CODE OF 1971, TITLE 18, CHAPTER 6, ARTICLE 4, 5, AS AMENDED. The City has insufficient employment.opportunities and insufficient diversification of industries, which conditions are harmful to the economic stability and general welfare of the area, and if not remedied, will be detrimental to the development of such area; and The City is authorized under the provisions of Indiana Code of 1971, Title 18, Chapter 6, ARticle 4,5, as amended (the "Act ") to acquire, construct and finance economic development projects, for the user thereof and to provide for the issuance of revenue bonds in conjunction therewith; and The..City in order to implement the public purposes enumerated in the Act and in furtherance thereof to induce Diversified Group, an Indiana partnership (hereinafter called "Diversified "), to construct an industrial building, including all necessary land, machinery, equipment, fixtures and furnishings (hereinafter collectively called the "Project "), within the corporate limits of the City, has indicated its intent to issue its revenue bonds under and pursuant to the provisions of the Act and to apply the proceeds_t.herefrcm to the payment of the costs of financing the acquisition and construction of.the Project; and Diversified after considering a number of possible locations within the outside of the State of Indiana, and in reliance upon the intent of the City to finance the acquisition and constructi( of the Project through the issuance of revenue bonds under the provisions of the Act, has determined to construct the Project within the corporate limits of the City; and It is now deemed advisable to authorize the execution and delivery by the City of a Memorandum of Agreement expressing formally and in writing the understanding heretofore in- formally agreed upon by the City and Diversified: NOW, THEREFORE, be it resolved by the Common Council of.the City of South Bend, Indiana, as follows: SECTION 1. The Mayor is hereby authorized and directed to execute a Memorandum of Agree- ment by and between the City and Diversified and the City Clerk is hereby authorized and directed to affix the seal of the City thereto and to attest the same; and said Mayor and City Clerk are hereby authorized and directed to cause said Memorandum of Agreement to be delivered to, accepted and executed by Diversified, said Memorandum of Agreement which is hereby approved and incorporated by reference and made a part of this authorizing resolution to be in substantially the form attached hereto as Exhibit A. SECTION 2. All resolutions and orders, or parts thereof, in conflict with the provisions of this resolution, are, to the extent of such conflict; hereby repealed and this resolution shall be in immediate effect from and after its adoption. /s /Mary Christine Adams Member of the Common Council BILLS, FIRST READING BILL NO. 108 -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.) (531 N. MAIN.) This bill had first reading. Council Member Adams made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 109 -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 CORNER OF OAK & CHAPIN ST.) This bill had first reading. Council Member Adams made a motion to refer this bill to Area Plan and set it for public hearing and second reading October 22, 1979, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6639 -79 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND INTERSTATE CONTRACTING & COATING CO., INC., ZELIENOPLE, PENNSYLVANIA FOR THE REPAINTING OF THE IRELAND ROAD STANDPIPE (3.5 MILLION GALLONS) IN THE TOTAL AMOUNT OF $56,700. This bill had first reading. Council Member Miller 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 by a roll call vote of nine aye. 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 Water Works, indicated they were requesting approval of this contract in order to begin work as soon as possible, due to the very limited time for good weather. 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. REGULAR MEETING SEPTEMBER 10, 1979 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 111 -79 A BILL TRANSFERRING THE SUM OF $4,152.33 FROM ACCOUNT NO. 110.0, SALARIES AND WAGES REGULAR; $300.00 FROM ACCOUNT NO. 251.0, BUILDING AND STRUCTURES REPAIR; AND $4,886.94 FROM ACCOUNT NO. 260.0, OTHER CONTRACTUALS TO ACCOUNT NO. 370.0, OTHER SUPPLIES IN THE AMOUNT OF $4,482.76 AND TO ACCOUNT NO. 722.0 MOTOR EQUIPMENT IN THE AMOUNT OF $4,856.51,.ALL ACCOUNTS BEING WITHIN THE BUREAU OF COMMUNICATIONS BUDGET. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading September 24, 1979, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6640 -79 AN ORDINANCE APPROVING THE FORM AND TERMS OF THE TRUST INDENTURE, USER AGREEMENT AND MORTGAGE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 26 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE SOUTH BEND LATHE, INC., AN INDIANA CORPORATION, PROJECT. This bill had first reading. Council Member Miller made a motion.-to suspend the-rules and have public hearing and second reading on this bill, seconded by Council Member Kopczynski. 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. Warren McGill, attorney for the South Bend Lathe made the presentation for the bill. He in- dicated this $950,000 bond issue would be used for the reconstruction and improvement of facilities located at 400 W. Sample, as well as the purchase of new equipment. He said it was anticipated that approximately nine new jobs will be created. Council Member Kocpzynski 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. 113 -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) (301 EAST IRELAND ROAD.) This bill had first reading. Council Member Miller made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. UNFINISHED BUSINESS ORDINANCE NO. 6629 -79 AN ORDINANCE AMENDING CHAPTER 2,.ARTICLE 5, SECTION 2 -50 COMMONLY KNOWN AS BOARDS OF PUBLIC SAFETY AND OF PUBLIC WORKS. (Vetoed by the Mayor) Council Member Miller made a motion to pass phis bill, seconded by Council Member Kopczynski. The bill passed by a roll call vote of nine.ayes. 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 Horvath. The motion carried and the meeting was adjourned at 7:40 P.M. ATTEST: City Clerk APPROVED: Pres * * * ** * *,k,, L,- -