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HomeMy WebLinkAbout05-12-80 Council Meeting MinutesCu" TTTT'F �F �K *MKT *�K * * ** * * * * * ** T T TT TT TTT * ** * * * * * * * * * *T* TTTT TTTTTTTTTT '1`T'1`TTTTTTTTTTTTT'1`TT TT T TTTTTTTTTTTT T REGULAR MEETING MAY 12. 1980 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, May 12, 1980, 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, Beck, McGann, Taylor, Kopczynski, Crone, Dombrowski, and Voorde 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 April 28.980 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. *See below SPECIAL BUSINESS /s /Lewis A. McGann /s /Beverlie J. Beck Council President McGann announced that the next meeting would be Tuesday, May 27, and the June 9th meeting has been cancelled. COMMITTEE REPORTS Council Member Kopczynski indicated that the Parks and Recreation Committee recommended passage of Bill No. 43 -80. Council Member Crone indicated that the Personnel and Finance Committee had met, and that Bill No. 45 -80 would be amended to reduce the appropriation in half, and the balance would be funded through Community Development funds. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Crone. 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, May 12, 1980, at 7:04 p.m., with nine members present. Chairman Szymkowiak presiding. BILL NO. 41 -80 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT MORTGAGE AND NOTE, SECURITY AGREEMENT AND A TRUST INDENTURE AND ECONOMIC DEVELOP - MENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 9 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION PERTAINING TO THE THOMAS AND JANE KINNUCAN 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 Development Commission, made the presentation for the bill. He indicated this $300,000 issue would be used to construct an additional building and purchase equipment for a facility located 2502 Lawton. He said they anticipated eight to ten new jobs will be created. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. *Council Member Serge made a motion that the minutes of the April 28, 1980, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. C C II 1 U! •:1 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 42 -80 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, MORTGAGE AND NOTE, SECURITY AGREEMENT AND FINANCING STATEMENTS, AND A TRUST INDENTURE AND INDUSTRIAL REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 12 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION PERTAINING TO MOSSBERG & COMPANY, INC. 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 Develop- ment Commission, made the presentation for the bill. He indicated this $750,000 issue would be used to finance the expansion of this commercial printing facility. He said they anticipated eight to ten jobs will be created. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. BILL NO. 33 -80 A BILL DESIGNATING AND ESTABLISHING AN 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 (720 W. WASHINGTON.) This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. John Oxian, Vice President of the Historic Preserva- tion Commission, indicated this home was architecturally superior as well as historically signif- icant. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 34 -80 A BILL DESIGNATING AND ESTABLISHING AN 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 being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. John Oxian, Vice President of the Historic Preserva- tion Commission, indicated there were two houses involved, one at 322 W. Washington and the other at 112 Franklin Place. He said these houses were superior in class. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kopczynski. The motion carried. BILL NO. 43 -80 A BILL APPROPRIATING $35,000.00 FROM THE ZOO ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILDLIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. James Seitz, Superintendent of Parks, made the pre- sentation for the bill. He indicated this was the third payment from the Muessel- Ellison and Clark Trust Funds, for the construction of the Educational Wildlife Building at the Zoo. Counci: Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 44 -80 A BILL APPROPRIATING $18,450.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Joseph Kernan, City Controller, made the presenta- tion for the bill. He indicated this appropriation would be used to sponsor the annual Summer Environmental Clean -up Program for 1980. He indicated that as in the past, this program will be staffed primarily with CETA employees. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Kopczynski. The motion carried. BILL NO. 45 -80 A BILL APPROPRIATING $40,100.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE MAYOR'S ENVIRONMENTAL /ACTION CENTER TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS MAYOR'S ENVIRONMENTAL/ ACTION CENTER. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Joseph Kernan, City Controller, made the presentatioi for the bill. He asked that this bill be amended to $19,525, and the following line items be changed: Salaries and Wages changed to $15,750; Social Security changed to $1,000; PERF $975; Group Insurance $900.00; Other Equipment $500.00; for a total of $19,525. Council Member Kopczynski made a motion to amend this bill, seconded by Council Member Taylor. The motion carried. Ms. Loretta Duda, Director of the Mayor's Environmental /Action Center, indicated she was available to answer any questions. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member 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 Taylor. The motion carried. ATTEST: 47., CITY CLERK ATTEST: CHAIRMAN REGULAR MEETING MAY 12, 1980 REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:16 p.m. Council President McGann presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 6774 -80 AN ORDINANCE APPROVING THE FORM AND TERMS OF A LOAN AGREEMENT MORTGAGE AND NOTE, SECURITY AGREEMENT AND A TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 9 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION PERTAINING TO THE THOMAS AND JANE KINNUCAN PROJECT. 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. 6775 -80 AN ORDINANCE APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, MORTGAGE AND NOTE, SECURITY AGREEMENT AND FINANCING STATEMENTS, AND A TRUST INDENTURE AND INDUSTRIAL REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 12 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION PERTAINING TO MOSSBERG & COMPANY, INC., PROJECT. This bill had second reading. Council Member Kopczynski made a mtoion to pass this bill, secondE by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6776 -80 AN ORDINANCE DESIGNATING AND ESTABLISHING AN 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 (720 W. WASHINGTON.) This bill had second reading. Council Member Beck 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. 6777 -80 AN ORDINANCE DESIGNATING AND ESTABLISHING AN 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 (322 W. WASHINGTON.) This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6778 -80 AN ORDINANCE APPROPRIATING $35,000.00 FROM THE ZOO ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILD- LIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. This bill had second reading. Council Member Kopczynski made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6779 -80 AN ORDINANCE APPROPRIATING $18,450.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS 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. 6780 -80 AN ORDINANCE APPROPRIATING $19,525.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE MAYOR'S ENVIRONMENTAL /ACTION CENTER TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS MAYOR'S ENVIRONMENTAL /ACTION CENTER. 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 Serge made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING MAY 12, 1980 RESOLUTIONS RESOLUTION NO. 780 -80 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 SEVENTY -ONE (71) AS SHOWN ON THE RECORDED PLAT OF INDIANA AVENUE ADDITION TO THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1511 S. MARIETTA 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 Seventy -One (71) as shown on the recorded plat of Indiana Avenue Addition to the City of South Bend, commonly known as 1511 S. Marietta, at an offering price of $995.00 and WHEREAS, the Board of Public Works of the City of South Bend has received an offer to purchase the property at 1511 S. Marietta for a price of $200.00; 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 more specifically real property valued by the Board at less than $1,000.00. of 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 Lot Numbered Seventy -one (71) as shown on the recored plat of Indiana Avenue Addition to the City of South Bend, commonly known as 1511 S. Marietta for a total price of $200.00. SECTION II. This resolution shall be in full force and effect from and afters its adoption by the Common Council and approval by the Mayor. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. Joseph Kernan, City Controller, indicated that the Council had authorized the sale of this property, however, the property was appraised at $995 and the offer to purchase was $200, therefore, it was necessary to come back to the Council for approval of this sale. He said this property contained a sub- standard structure which the City would have to demolish, however the people purchasing this property were going to renovate the structure. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING Council Member Crone made a motion to amend the title of Bill No. 47 -80 to read: An Ordinance approving the form and terms of First Supplemental Loan Agreement, First Supplemental Trust Indenture, First Supplemental Mortage and Security Agreement, Economic Development Bonds for principal amount of $3,000,000.00, assignment, elections, authorizing execution thereof and approving South Bend Economic Development Resolution No. 4 -80 for South Bend Forge, Inc., Project, seconded by Council Member Taylor. The.motion carried. BILL NO. 47 -80 A BILL APPROVING THE FORM AND TERMS OF FIRST SUPPLEMENTAL LOAN AG REEMENZ' FIRST SUP13�M TTAL TRUST . INDEN` - , E,' F1=R'ST SUPPLEMENTAL LOAN AGREEMENT`; FIRSfi ~SU ?LEMENTAL PORTGAGE AND SECURITY AGREEMENT, ECONOMIQ,DEVELOPUENT BONDS.FOR__PRINCIPAL AMOUNT OF $3,000;000.00, ASS- IGNMI�-NT, ELECTIO�S<;— HORIZING- EXECUTION THEREOF-AND APPROVING SOUTH BEND ECONOMIC DEVELOPMENT RESOLUTION NO. 4 -80 FOR SOUTH BEND FORGE, INC. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading May 27, 1980, seconded by CouncilMember Dombrowski. The motion carried. BILL NO. 48 -80 A BILL APPROVING THE FORM AND TERMS OF TRUST INDENTURE AND USER AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 13 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMSSION RELATING TO THE L. L. JOHNSON LUMBER MFG. CO. PROJECT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading May 27, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 49 -80 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, AND TRUST INDENTURE, INDUSTRIAL DEVELOPMENT REVENUE BOND, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 11 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE MASTERBILT, INC., PROJECT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading May 27, 1980, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING MAY 12, 1980 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 50 -80 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, MORTGAGE AND INDENTURE OF TRUST AND GUARANTY AGREEMENT AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 7 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE TIMBERLINE TRACE PROJECT. This bill had first reading. Council Member Beck made a motion toset this bill for public hearing and second reading May 27, 1980, seconded by Council Member Crone. The motion carried. BILL NO. 51 -80 A BILL AMENDING CHAPTER 21, ARTICLE 2, DIVISION 3, SECTION 21 -102 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. (CONTROLLED USE EXEMPTION.) This bill had first reading. Council Member Crone made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 52 -80 A BILL AMENDING CHAPTER 21, ARTICLE 5, DIVISION 3, SECTION 21 -102 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Dombrowski made a motion to refer this bill to Area Plan, seconded by Council Member Crone. The motion carried. BILL NO. 53 -80 A BILL TRANSFERRING THE SUM OF $3,053.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN Y.S.B. - H.E.W. FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading May 27, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 54 -80 A BILL APPROPRIATING $19,071.00 FROM THE EQUAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading May 27, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 55 -80 A BILL APPROPRIATING $185,000.00 FROM THE LOCAL ROAD AND STREET FUND TO THE CONTRACTUAL SERVICES ACCOUNT, 0260, FOR THE PAVING AND SCARIFICATION OF VARIOUS STREETS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading May 27, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 56 -80 A BILL APPROPRIATING $30,000.00 FROM THE LOCAL ROAD AND STREET FUND, TO R &S 7903, IRELAND ROAD, FELLOWS TO U.S. 31, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading May 27, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 57 -80 A BILL APPROPRIATING $715,000.00 FROM THE LOCAL ROAD AND STREET FUND, AND $550,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT R &S 53, SAMPLE, CHAPIN TO OLIVE, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Kopczynski made a motion to set this bill for public hearing and second reading May 27, 1980, seconded by Council Member Dombrowski. The motion carried. UNFINISHED BUSINESS Council Member Taylor called for a revote on Resolution No. 777 -80. He made a motion for a roll call vote to override the veto, seconded by Council Member Dombrowski.. The veto was overridden by a roll call vote of seven ayes and two nays (Council Members Crone and Voorde.) 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 Kopczynski. The motion carried and the meeting was adjourned at 7:30 p.m. ATTEST: CIT CLERK APP OVED: RES ENT