10-10-77 Council Meeting Minutes

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REGULAR MEETING OCTOBER 10, 1977 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, October 10, 1977, at 7:00 p.m., Council President Roger 0. Parent presiding. 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 City Clerk Irene Gammon Swore in Mr. Frank Gootee to the TRANSPO Board of Directors. 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 re- port that it has inspected the minutes of the September 26, 1977 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger O. Parent /s /Mary Chris Adams Council Member Horvath made a motion that the minutes of the September 26, 1977, meeting of the Council be placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS Mrs. Katie O'Hara, co- chairman of the Citizens' Committee on Riverside Parks Safety briefly covered the report the Committee had filed with the Council. Council President Parent thanked the Committee for a very thorough job. Council Member Adams made a motion to accept the report unchanged, seconded by Council Member Taylor. Council Member Kopczynski indicated he felt there was a need for a boat ramp near the dam. Mrs. O'Hara agreed with this, and indicated the Com- mittee had discussed this but had not put it in their report. Council Member Kopczynski made a motion that the report be amended to indicate that the rescue boat should have some provision ne the man in order to facilitate emergency rescue operations, seconded by Council Member Adams. Council Member Adams withdrew her motion to accept the report unchanged, and Council Member Taylor withdrew his second. The motion carried. Council Member Dombrowski made a motion to ac- cept the report, as amended, seconded by Council Member Taylor. The motion carried on a roll call vote of nine ayes. REPORTS Mr. Keith Crighton, Director of the Bureau of Housing gave a brief of the report he recently filed with the Council on the activities of the Bureau of Housing. Council Member Dombrowski made a motion to accept this report, seconded by Council MemberAdams. The motion carried. Council Member Adams made a motion to resolve into the Committee of the Whole, seconded.by Council Member Dombrowski. 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, October 10, 1977, at 7:28 p.m., with nine members present. Chairman Frank Horvath presiding. BILL NO. 146 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO QUO VADIS, INC. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He said this was a new corporation which has taken over the operation of an existing facility at 1611 Main. He said the Commission had ap- proved the resolution for financing. He said there will be ten to fifteen new employees in this restaurant. He said that Mr. Anastasio and the corporate attorney were in the Chambers to answer any questions. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 140 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF WATERWORKS FACILITIES OF CLAY UTILITIES, INC. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Peter J. Nemeth asked that the Council make a motion that proper notice of proof of publication is approved and ordered filed with the Clerk. Council President Parent made a motion to recess, seconded by Council Member Kopczynski. The motion fail( by a roll call vote of three ayes (Council Members Kopczynski, Horvath and Parent) and six nays (Council Members Serge, Szymkowiak, Miller, Taylor Adams and Dombrowski). Council Member Miller made a motion that Council understand that this has been published as required on September 16, 1977, seconded by Council Member Szymkowiak. Council President Parent asked the Council attorney if the actions taken by the City Clerk's office in regard to publication were correct. Miss Cekanski indicated the publications as attested by Irene Gammon, City Clerk, are correct. Council President Parent indicated he felt this was an attempt to disrupt this Council meeting. He said he would like to have a legal memorandum from the City Attorney as to whether the procedures the City Clerk's office is using in regard to publications are correct. The _motion carried. The Mayor indicated he would like to request that an amendment be made to add "and Clay Development Corp.," in Section I, after Clay Utilities, Inc., and in Section 4 after Clay Utilities, Inc., add and "Clay Development Corp." Council Member Szymkowiak made a motion to accept this amend- ment, seconded by Council Member Taylor. The motion carried, with Council President Parent op- posing. The Mayor said this was essentially the same ordinance that was before the Council pre- viously, except the price was lower. Council Member Horvath asked the meaning of "other funds" referred to in the agreement. Mayor Nemeth indicated that in the event the revenue was not suf- ficent to pay for extension of service, "other funds" could be used.