10-08-84 Council Meeting Minutes

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REGULAR MEETING REPORTS OCTOBER 8, 1984 Council Member Voorde indicated that Bill No. 87 -84 was being continued until December 3. Council Member Serge indicated that the Utilities Committee had met on Bill Nos. 103 and 104 -84, and they received a favorable recommendation. Council Member Braboy indicated that the Human Resources Committee had met on B,C,D and E, as well as Bill No. 83 -84, and recommended them all favorable. Council Member Taylor 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 October 8, at 7:30 p.m., with nine members present. Chairman Serge presiding. BILL NO. 105 -84 A BILL AMENDING ORDINANCE NUMBER 7361 -84, BEING AN ORDINANCE AUTHORIZING THE ISSUANCE OF $985,000.00 ECONOMIC DEVELOPMENT REVENUE BONDS, CENTER CITY HOUSING PROJECT, OF THE CITY OF SOUTH BEND, INDIANA FOR THE PURPOSE OF FUNDING A LOAN TO CENTER CITY HOUSING, AN INDIANA LIMITED PARTNERSHIP, 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 CENTER CITY HOUSING: AUTHORIZING EXECUTION OF THE LOAN AGREEMENT, AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF THE REVENUES FROM THE FINANCING 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 opponents were given an opportunity to be heard. Michael Murphy, attorney, made the presentation for the bill. He indicated this amended bill would correct a change in the final financing documents and the parties involved. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. Trie motion carried. BILL NO. 83 -84 A BILL AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND REGULATING CONTROLLED USES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Beck and Council Member Braboy made the presentation for the bill. Council Member Taylor made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Voorde. The motion carried. Council Member Beck indicated bill addresses the concerns expressed by the Area Plan Commission defining the terms cabaret and family restaurant, and clarifies the definition of Class A and Class B cabarets. She indicated that the Council had worked very hard to achieve a suitable amendment to the Controlled Use Ordinance. Arthur Quigley, 1019 N. Frances, spoke in favor of this bill. B. Patrick Bauer spoke against this bill. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to combine public hearing on these bills, seconded by Council Member Beck. The motion carried. BILL NO. 103 -84 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THE LEASING OF WATERWORKS FACILITIES OF CLAY UTILITIES INC. AND APPROVING THE CURRENT RATES AND CHARGES OF CLAY UTILITIES, INC. BILL NO. 104 -84 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF SEWAGE DISPOSAL FACILITIES OF CLAY UTILITIES, INC., AND APPROVING THE CURRENT RATES AND CHARGES OF CLAY UTILITIES, INC. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Robert Parker, attorney, made the presentation for the bills. He indicated that Clay Utilities was a privately owned utility. He indicated that the City of South Bend is the sole supplier of water and treatment of sewage. He indicated since 1977 the City has efficiently managed Clay Utilities. He indicated that State statutes provide that a municipality can lease - purchase a water or sewage facility. Council Member Zakrzewski indicated there must be separate accounting procedures for Clay and the South Bend System. He indicated that State law requires separate records of each utility, and so that the proper records can be maintained and reviewed by the Public Service Commission during the audit procedure. He indicated that he public deserves accountability of these assets and personnel. Council Member Beck made a motion to recommend Bill No. 103 -84