11-13-89 Council Meeting Minutes

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t- -MEETTNG s -- _ __ �LQ�LEMBER ®13- �1.989� A public hearing was held on the Resolution at this time. Beth Leonard, Director Financial & Program Management Department of Economic Development, made the presentation on the bill. She indicated that the resolution would allow the City of South Bend to submit an application to the U. S. Department of Housing and Urban Development for 1990 Community Development Block Grant funds. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Voorde. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1758 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE /PURCHASE AGREEMENT, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the Common Council of the City of South Bend, Indiana has determined that a true, and very real need exists for the Equipment (the "Equipment ") described in the Equipment Lease /Purchase Agreement (the ( "Agreement ") presented to this meeting; and WHEREAS, the City of South Bend, by and through its Board of Public Works has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrage for the acquisition of the Equipment; and WHEREAS, the City of South Bend proposes to enter into the Agreement substantially in the form presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. It is hereby found and determined that the terms of the Agreement in the form presented to this meeting and incorporated in this resolution, and in the best interest of the City of South Bend for the acquisition of the Equipment. SECTION II. The Agreement is hereby approved. The Board of Public Works of the City of South Bend, Indiana is authorized to execute, acknowledge and deliver the Agreement with any changes, insertions and omissions therein as may be approved by the officers who execute and delivery of the Agreement. The Board of Public Works of the City of South Bend is authorized to affix the official seal of the City of South Bend to the Agreement and attest the same. SECTION III. The Board of Public Works be, and hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Agreement. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the within Equipment Lease /Purchase Agreement is the same as presented at said meeting of the governing body of the City of South Bend. s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Jenny Manier, Assistant City Attorney, made the presentation on the bill. She indicated that the City has entered into a lease purchase agreement with MNC Government Finance, of Towson, Maryland. The lease purchase agreements concerns the lease purchase of twelve (12) leaf vacuums and twenty -two (22) leaf boxes acquired by the City to implement Operation Releaf. Kathleen Cekanski- Farrand, City Council Attorney stated that the Council should note that this resolution is requested by MNC Government Finance as a final part of the lease purchase package; and is substantially different from any resolution prepared by the City, because of the last section of any resolution which states "adoption by the Council and approval by the Mayor" is absent from this particular resolution. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 96 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTH EAST CORNER OF IRELAND RD. & MIAMI HWY. IN THE CITY OF SOUTH BEND, INDIANA, FOR SCOTTSDALE MALL PARTNERS LIMITED COMFORT SOUTH BEND, LTD. PARTNERSHIP, GENERAL PARTNER 200 MADISON AVENUE NEW YORK, NEW YORK 10016 This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 97 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2411 SOUTH MAIN STREET, IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Niezgodski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried.