06-28-82 Council Meeting Minutes

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OF- 240 6 REGULAR MEETING JUNE 28, 1982 RESOLUTION NO. 9§&82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE LEASE OF THE STORYLAND ZOO PROPERTY WITHIN RUM VILLAGE PARK TO ORPHAN ANIMAL CARE FACILITY. WHEREAS, the City ofSouth Bend, Indiana, owns a facility known as Storyland Zoo which is located within Rum Village Park in the City of South Bend; and WHEREAS, said facility has been closed by the Board of Park Commissioners and is no longer operated for a public purpose due to the lack of funds; and WHEREAS, the Board of Park Commissioners has continued to maintain the vacant facility in order to prevent deterioration and vandalism of said facility and the Board of Park Commissioners does not intend to reopen the facility for a public purpose within the reasonably foreseeable future; and WHEREAS, it is in the City's best interest that the facility be occupied and maintained in order to prevent deterioration and vandalism of said facility; and WHEREAS, the Orphan Animal Care Facility is an Indiana not - for - profit corporation with tax exempt status, organized for the purpose of rehabilitating injured wild animals and it desires to lease the Storyland Zoo facility to be used as an animal refuge and rehabilitation center; and WHEREAS, the City of South Bend desires to encourage and facilitate the care and rehabilitation of injured wild animals within the City of SouthBend; and WHEREAS, it is in the best interest of the Board of Park Commissioners to enter into a lease agreement with Orphan Animal Care Facility for the use and maintenance of the Storyland Zoo property as a wild animal refuge and rehabilitation center. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend as follows: SECTION 1. That this lease, a copy of which is attached hereto, dated June 21, 1982, for the lease of the Storyland Zoo property between the,Board of Park Commissioners and the Orphan Animal Care Facility is hereby approved. SECTION 2. That this Resolution shall be in full force and effect from and after its passage by the South Bend 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. James Seitz, Superintendent of Parks, indicated this lease could be renewed for two years. He indicated Animal Care would pay all utility costs incurred, with the exception of water. He indicated all changes, alterations, improvements, remodeling and new construction would be done at Animal Care's expense, and they would be responsible for the maintenance and repair of all structures. He indicated there would be a resident caretaker. He said the Park Board would appoint a representative to serve as an advisory member of Animal Care's Board of Directors. Paul Nash, a representative of Animal Care, indicated they cared for injured animals, and were a wildlife rehabilitation center. Council Member Voorde made a motion to continue public hearing on this resolution until July 12, and refer it to the Park and Recreation Committee, seconded by Council Member Dombrowski. The motion failed on a roll call vote of two ayes (Council Members Dombrowski and Voorde) and six nays. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of six ayes and two nays (Council Members Dombrowski and Voorde.) Council Member Taylor made a motion to recess, seconded by Council Member Beck. The motion carried and the meeting was recessed at 8:30 p.m., and reconvened at 8:52 p.m. BILLS, FIRST READING BILL NO. 66 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST -WEST 1/2 ALLEY WHICH EXTENDS FROM LAFAYETTE ST., ON THE EAST TO THE NORTH -SOUTH ALLEY ON THE WEST AND IMMEDIATELY ABUTTED BY LOTS 64 & 65 OF SOUTH BEND CITY ADDITION. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading July 12, 1982, seconded by Council Member Zielinski. The motion carried. BILL NO. 67 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF EWING AVENUE RUNNING WEST FROM CATALPA TO THE FIRST NORTH -SOUTH ALLEY FOR A DISTANCE OF 140 FEET, ALL BEING IN CITY VIEW PLACE, SOUTH BEND, INDIANA.