Loading...
HomeMy WebLinkAbout09-15-80 Council Meeting MinutesREGULAR MEETING SEPTEMBER 15, 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, September 15, 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, Taylor, Kopczynski Crone, Dombrowski, Voorde and McGann 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 August 25, 1980 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Lewis A. McGann /s /Beverly D. Crone Council member Sergemade a motion that the minutes of the August 25, 1980, meeting of the Council be accepted and placed on file, seconded by Council Member Crone. The motion car- ried. Me REGULAR MEETING Se temb'er 15, 1980 SPECIAL BUSINESS Council Member Dombrowski announced that Ruth Shirk had been appointed to.the Older Adults Council for a two year term. Council Member Taylor made a motion to accept this appoint- ment, seconded by Council Member Dombrowski. The motion carried. Council President McGann announced that Gene Glod.had resigned from the Police Promotion Board. Council Member Taylor made a motion to appoint Algie Oldham to the Police Promotion Board, seconded by Council Member Beck. The motion carried. Council Member Taylor made a motion to suspend the rules and have public hearing on two resolutions, seconded by Council Member Dombrowski. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 809 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE MAYOR TO SUBMIT AN URBAN DEVELOPMENT ACTION GRANT (UDAG) APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of South Bend has embarked upon the development and restoration of the City's industrial base; and WHEREAS, the continued development and restoration of South Bend's industrial base is important to the quality of life of the total community and would be advantageous to the future growth and development of the City of South Bend; and WHEREAS, during the development and restoration of the South Bend industrial base, it will be necessary to secure Federal aid in the form of an Urban Development Action Grant; and WHEREAS, the Common Council of the City of South Bend is interested in promoting devel p- ment of industrial opportunity. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Hereby establishes the authority of the Mayor of the City of South Bend to submit under Title I of the Housing and Community Development Act of 1977, and Urban Develo - ment Action Grant Application to the United States Department of Housing and Urban Develop- ment. SECTION II. Hereby supports and is in favor of committing public:- sector resources, in the form of Urban Development Action Grant funds, to acquire public right -of -way, prepare the site and roadway through soil stabilization /excavation /backfill, construct, improve and signalize the access roadways, extend water and sewer lines, relocate overhead . electrical transmission lines, acquire and relocate adversely impacted residents. SECTION III. This Resolution shall be in full force and effect immediately upon passag by the Common Council of the City of South Bend, Indiana. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. Joseph Kernan, City Controll r, indicated this grant, if approved would be used in conjunction with private sector invest- ment to develop the proposed ethanol production facility. He indicated that the nature of this site is such that public investment is necessary to make the project happen in South Bend. He indicated that the proposed investors have a similar option on a site in LaPorte County that would require very little preparation for development. Council Member Kopczynski made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 810 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION (NCAA) TO RECONSIDER ITS DECISION ON WNDU -TV'S APPLICATION TO TELECAST THE FIVE NOTRE DAME FOOTBALL GAMES. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that it rarely becomes involved in voicing its position on activities which are not directly relate to municipal affairs; and WHEREAS, the Council believes that last week's decision by the NCAA to deny WNDU -TV's application to telecast 5 out of 9 of the Notre Dame games, namely Michigan, Michigan State Army, Navy, and Arizona, warrants an exception, expecially in light of the huge outpouring of public sentiment against the decision; and WHEREAS, WNDU has been telecasting the games on a regular basis for the past 25 years, and has allowed shut -ins, alumni, and friends who are unable to obtain tickets to go to the games, to enjoy viewing Notre Dame football on television; and WHEREAS, the ruling is based on a rule enacted in 1952 which was originally intended to limit the impact of televised games on college football game attendance; and WHEREAS, the telecasting of Notre Dame games will not have an adverse impact on atten- dance at games being played within the area served by WNDU -TV; and ly REGULAR MEETING SEPTEMBER 15 1980 COMMITTEE OF THE WHOLE MEETING (CONTINUED WHEREAS, the Common Council believes that the broadcasts of these games are for the benefit of the general public, and that irreparable harm will result by depriving the public of this type of entertainment; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana; as follows: SECTION I. The Common Council of the City of South Bend, Indiana, on behalf of its concerned and interested citizens, hereby requests the National collegiate athletic Association to reconsider the application submitted by WNDU -TV to telecast five of nine Notre Dame football games. SECTION II. The Council believes that the 25 years of entertainment provided by such telecasting of Notre Dame football has provided genuine benefits to the general public SECTION III. The Council further believes that the general public should not be denied the right to view such games on television by a rule adopted in 1952 which fails to weigh the positive benefits derived by such telecasting. SECTION IV. The Common Council directs the City Clerk to send copies of this Resolutic to the National Collegiate Athletic Association headquarters in Shawnee Mission, Kansas, and to other interested public officials in the interest of urging the NCAA to reconsider its decision. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Lewis A. McGann A public hearing was held on the resolution at this time. Council President McGann indicated this resolution will be sent to the NCAA. He indicated that the resolution re- j quests the NCAA to reconsider the application submitted by WNDU -TV to telecast five of nine Notre Dame football games. He indicated that the telecasting of the games has allowed shut -ins, alimni, and friends who are unable to obtain tickets to enjoy viewing Notre Dame football on television. Joseph Kernan, City Controller, indicated that theAdministration would like to give their entire support to this resolution. Council Member Serge made a motion to adopt this resolution,seconded by Council Member Taylor. The resolution was adopted by a roll.call vote of nine ayes. REPORTS Council Member Szymkowiak gave his Utility Committee Report. Council Member Serge 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, September 15, 1980, at 7:11 p.m., with nine members present. Chairman Szymkowiak presiding. BILL NO. 86 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTH OF MISHAWAKA AVE., WEST OF LOGAN, NORTH OF ST. JOSEPH RIVER AND EAST OF LOUISE STREET.) This being the time heretofore set for public hearing, proponents and opponents were given an opportunity to be heard. Council Member Beck indicated that this rezoning was first discussed approximately three years ago, however, nothing was done about it at that time. She indicated that the River Park Neighborhood Association would like to see their neighbor- hood upgraded to A zoning. Richard Johnson, Director of Area Plan, indicated this petition was initiated by the River Park Neighborhood Association in cooperation with Councilman Beck. He indicated it was outgrowth of the concern of the neighborhood, since the majority of the land in River Park is presently zoned "B" residential. He indicated the City has been making a strong firm commitment to strengthen our residential program. David Bickel, President of the River Park Neighborhood Association, spoke in favor of this bill. Mr. William Ramsey, 835 36th, spoke in favor of this bill. Gregg Brownell, 1115 Emerson, indicated that the realtors were saying that multi- family housing increases property values, however, he felt it does not increase the value. Council Member McGann made a motion to amend this bill by substituting a new page 2, filed in the Clerk's office, to correct the legal description, seconded by Member Dombrowski. The motion carried. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member McGann. The motion carried. Council Member Kopczynski made a motion to suspend the rules and have public hearing on Resolution I on the agenda, seconded by Council Member Taylor. The motion carried on a roll call vote of nine ayes. ELM REGULAR.MEETING SEPTEMBER 15, 1980 COMMITTEE OF THE WHOLE MEETING (CONTINUED) RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF A LICENSE FOR SCRAP AND JUNK DEALERS (BREMEN IRON & METAL COMPANY, INC.) Council :Member Taylor.made a motion to recess, seconded by Council Member Kopczynski. The motion carried and the meeting was recessed at 7:35 p.m., and reconvened at 7:47 p.m. A public hearing was held on the resolution at this time. Mr. Bruce Bancroft, represent- ing Bremen Iron & Metal, indicated this was .a family business started in 1942. He said this company is very interested in making a commitment to South Bend to stay in our com- munity. He said they were requesting the Council's approval for a license, under the ordinance pertaining to scrap and junk yards. He indicated that the Board of Works approved the granting of this license on September 8 and found that Bremen Iron and Metal was in technical compliance. He indicated this 8.8 acres of land was property zoned. He indicated this was a transfer of operations, a metal processing facility, from Gertrude Street. He indicated they will not have a shredder at this site. He indicated that their machines meet or exceed EPA standards. He showed a slide presentation of the present location in South Bend and Fort Wayne. Kathy - Cekanski - Farrand, Council Attorney, describe( the Council's approval of new junk and scrap yards, in accordance with the City Code. David Major, Executive Vice President of the South Bend - Mishawaka Chamber of Commerce, read the following into the record: "The Chamber of Commerce supports both the expansion and the relocation of Bremen Iron & Metal. We feel that some of the controversy is due to a lack of knowledge about the nature of the scrap metal industry and its positive impact on a community. In brief I would like to address four areas of this controversy; 1) Viability of the industry, 2) need to relocate, 3) aesthetics, and 4) economic impact on the community. 1) Bremen Iron & Metal is a scrap metal processor, not a junk yard. A junk yard is what its name implies - -a dumping ground for discarded items which dealers may sort and sell. Little or no equipment is needed. By contrast, a scrap metal processor is one who, from a fixed location, utilizes machinery and equipment for processing ,and manufacturing iron, steel or nonferrous metallic scrap into prepared grades, and whose principal product is ferrous or nonferrous metallic scrap for remelting purposes. Recycled scrap represents only 30% of todays cost of refining new ore for industrial use. What is more, the Bremen plant will meet environmental specifications and will receive EPA approval. 2) Need to Relocate: Bremen Iron & Metal is currently located southwest of Rum Village. As an industry, Bremen Iron & Metal belongs in an industrially zdned area, such as their proposed location on Sample Street. Recycle operations, logically need material to recycle. By locating in an industrial area, Bremen would have more direct access to industrial scrap. Roads and traffic patterns for hauling scrap are already designed to accomodate the transporation needs of the company. Bremen Iron and Metal would have access to rail for both imbound "raw" scrap and outbound processed scrap, a distinct advantage of the proposed location as well as the community. 3) Aesthetics: Closely tied to the selection of the new Bremen site are the aesthetic considerations. The Sample Street side is aesthetically secluded. Surrounded by industry and landscaped with trees and lawns, Bremen Iron & Metal will gracefully blend into its industrial surrounds and present no threat of an "eyesore ". 4) Economic Impact on the Community: Company Bremen Iron & Metal is a growing business. At 160 people. Investment in property, buildings $2,750,000 and $3,750,000. Within five years, further to employ 250 or more and to invest an will further increase the tax base of the City Entry wages of the 140,to 160 employees at the a package which approximates $10 /hour in total executive Dan Rifkin emphasizes that the new site, he plans to employ 140 to and improvements will total between Bremen Iron & Metal has plans to expand additional $2.5 Million - -- money which of South Bend. new site will begin at $6 /hour plus benefit compensation. Need for Additional Jobs in South Bend - - Statistics The most recent (July) statistics from the Indiana Employment Security Divsiion show that employment inmanufacturing for the South Bend SMSA has dropped from 34,800 in July to 30,600 in July of 1980 -- a decrease of 4,200 jobs. The rate of unemployment for the South Bend area has been more than 107o since May of .this year, and shows no sign of dropping at this point in time. In the South Bend SMSA in July of 1980, 15,900 people were unemployed. 140 manufacturing jobs are also crucial for the auxiliary jobs they create. We estimate that these 140 to 160 jobs will, in turn, generate up to three times that number of 450 new jobs, in the South Bend area. Finally, Bremen Iron & Metal has a strong interest in cooperating with both CETA and the Private Industry Council in their quest for new employees. Ladies and gentlemen of the Common Council, the Chamber urges your support of the necessary licensing for this industry. Thank you for your consideration. REGULAR MEETING COMMITTEE OF THE WHOLE (CONTINUED) SEPTEMBER 15, 1980 rzym Council Member Dombrowski made a motion to amend this resolution in Section I by adding "However said license shall,be subject to the following conditions: a. That no shredders shall be allowed to operate at this location. (b) That no sheerer in excess of 1,100 tons shall be allowed to operate at this location. (c) That permanent underground containers of suitable material be housed on this location for all oils, solvents, and other fluids drained at this facility. ", seconded by Council Member McGann. The motion carried. Susan Weller, 1345.E. Ewing, spoke in favor of this bill. David Turansky, 1210 Enchanted Forrest, spoke in favor of this bill. James Neff, attorney for the Rum Village Neighbor- hood Association, spoke against this resolution. He said that if this junk yard goes in all incentive will be lost to.upgradethe neighborhood. Hildegard Zemlyak, 1903 Franklin, spoke against this resolution. George Divak, President of the Rum Village Neighborhood Association, asked the Council to turn down this application for another junk yard for this section of town. Art Garden, 1820 S. William, spoke against this resolution. Richar, Jasinski, 920 Evergreen Lane, spoke against this bill. He indicated that Fort Wayne was having trouble with this firm's operation in their city. Judy Rail, 809 S. Edison spoke against this resolution. James Neff, indicated they really do not need another junk yard. He indicated this firm was cited by the Air Pollution Control Board. He in- dicated that action on this matter should be delayed until the next regularly scheduled meeting. Bruce Bancroft indicated that if this matter were delayed it would cause an extreme hardship on his clients. Council Member Serge indicated that this firm's opera - tion in Fort Wayne was sophisticated. Council Member Kopczynski made a motion to continue this resolution. The motion died for lack of a second. Council Member Taylor made a motion to adopt this resolution, as amended, seconded by Council Member McGann. Council Member Crone asked about further licensing if the company did not comply with this resolu- tion. Richard Hill, City Attorney, indicated that the Legal Department would take action to revoke the license if the conditions of the granting of the license was violated. The resolution passed by a roll call vote of eight ayes and one nay (Council Member Kopczynski Council Member Taylor made a mtion to recess, seconded by Council Member Dombrowski. The motion carried and the meeting was recessed at 9:10 p.m., and reconvened at 9:30 p.m. BILL NO. 94 -80 A BILL ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICE RENDERED BY THE WASTWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND FOR THE WATER SERVICE FUND BY AMENDING CHAPTER 17, ARTICLE 5 and 6 BY AMENDING SECTIONS 17 -47 AND 17 -49 (a) AND BY ADDING SECTION 17 -47 -1. Patrick McMahon, Director of Public Works, asked that public hearing be held 95 -80 at this time since a number of the aspects are common to both bills. McGann made a motion to have public hearing on Bill No. 95 -80 at this time, Council Member Dombrowski. The motion carried. BILL NO. 95 -80 A BILL ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WATER WORKS OF THE CITY OF SOUTH BEND AND AMENDING CHAPTER 17, ARTICLE 4 BY AMENDING SECTIONS 17 -44, 17 -45 AND 17 -46 AND BY ADDING SECTION 17.45.1. on Bill No. Council Member seconded by This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Patrick McMahon, Director of Public Works, indicated that the last increase for water was in 1973 and wastewater in 1971. He indicated that a study was made by Coopers and Lybrand and their study revealed there should be an average increase in water of 84% and across the board increase in sewage of 74 %. He indicated that the administration determined that the leak insurance fund be increased from 240 to 640 a month. He indicated that amendments were being proposed for both the water and wastewater bills. He said the amendments are directed into two areas. He said the first has a significant impact on the entire rate structure, as it corrects an inequity of the charges paid by multi- family developments. He said the amendments define the various units, apartment, multi - family, hotel, motel, etc. He said there will be a minimum charge per unit for water of $3.00 per month and sewage will be $5.80 per month. He said a new rate schedule was included in these amendments which reflects a decrease of 2.77o for water and 47o for sewage. He indicated there was a pro- vision in these amendments that every four years the Council will review the utility rates to determine if an increase is necessary at that time. Council Member Kopczynski made a motion to accept these amendments, seconded by Council Member Taylor. The motion carried. Mr. McMahon indicated that the average resident uses 1100 cubic feet per month which will reflect an increase from $3.48 to $6.41, just under a $3.00 increase for water and the waste water charge will go from $6.21 to $10.82. He indicated that the water rate has to be submitted to the Public Service Commission, therefore, that rate will not in- crease for two or three months. Mr. Bob Ziker, owner of the Morning Side Hotel, spoke against the rate increase. He indicated that some of the rooms in the hotel did not have water service, and he. should not be charged a per unit rate. He indicated there should by a category for residential hotels. Bernard Baily, 224 St. Peter, indicated that an 8470 increase was too much. He said he would like to know why it took so long to discover a deficit. - Elliott Harris, of ACTION, Inc., indicated there many people of fixed incomes was going to be adversely effected. -Carl Hass, 19879 Kingley Ct., co -owner of Village Terrace Apt., questions the per unit charge.- John Phair, 1612 E. Washington, representing the Apartment Association of South Bend, spoke against the large increase in rates. Glendarae Hernandez, 702 E. South, indicated they have been practicing conservation, and are still being charged minimum. Ralph Williams, 4452 N. Wabash, Fort Wayne, asked how many 8" water meters there were in South Bend. Mr. McMahon indicated that were 2. Mr. Williams indicated it would be difficult to justify this increase to his tenents. Council Member Kopczynski made a motion to recommend Bill No. 94 -80 to the Council favorable, seconded by Council Member Dombrowski. The motion carried. Council Member McGann made a motion to recommend Bill No. 95 -80 to the Council favorable, seconded by Council Member Dombrowski. The motion carried. rffz REGULAR MEETING SEPTEMBER 15, 1980 COMMITTEE OF_THE WHOLE MEETING (CONTINUED BILL NO. 96 -80 A BILL AMENDING CHAPTER 17, SEWERS AND WATER, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE AMENDMENT OF ARTICLE 7, SEWER SERVICE FUND AND CHARGES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportuntity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated this bill had new langu to clarify the previously passed ordinance. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. T motion carried. BILL NO. 100 -80 A BILL TRANSFERRING $105,000.00 FROM PROJECT R &S 53, SAMPLE STREET, CHAPIN TO OLIVE, WITHIN THE LOCAL ROAD AND STREET FUND, TO PROJECT R &S 8000, SCARIFICATION AND RESURFACING IN THE AMOUNT OF $35,000.00 AND TO R &S 8003, MCKINLEY/ MANCHESTER SIGNALIZATION IN THE AMOUNT OF $70,000.00. BOTH PROJECTS WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated that the bids on Sample Street Project came in lower than anticipated. He said thay they were requesting this transfer as funds were needed for the scarification project and the McKinley /Manchester signalization. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Crone. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Kopczynski made a motion to rise and report to the Council, seconded by Council Member Dombrowski. The motion carried. ATTEST: 4u.� / r- A­­� CITY CLERK REGULAR MEETING RECONVENED ATTEST: CHAIRMAN 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 10:43 p.m. Council President McGann presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6827 -80 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTH OF MISHAWKAA AVE., WEST OF LOGAN, NORTH OF THE ST. JOSEPH RIVER AND EAST OF LOUISE STREET.) This bill had second reading. Council Member Taylor made a moiton to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Beck. The motion carried. Council Member.Serge made a motion to pass this bill, as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6828 -80 AN ORDINANCE ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WASTEWATER TREAT- MENT PLANT OF THE CITY OF SOUTH BEND AND AMENDING CHARGES MADE FOR THE WATER SERVICE FUND BY AMENDING CHAPTER 17, ARTICLE 5 AND 6 BY AMENDING SECTIONS 17 -47 AND 17 -49 (a) AND ADDING SECTION 17.47.1. 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 Taylor 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. ORDINANCE NO. 6829 -80 AN ORDINANCE ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WATER WORKS OF THE. CITY OF SOUTH BEND AND AMENDING CHARGES MADE FOR WATER SERVICE BY AMENDING CHAPTER 17, ARTICLE 4 BY AMENDING SECTIONS 17 -44, 17 -45, AND 17 -46 AND BY ADDING SECTION 17.45.1. 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 Taylor 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 SEPTEMBER 15, 1980 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6830 -80 AN ORDINANCE AMENDING CHAPTER 17, SEWERS AND WATER, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE AMENDING OF ARTICLE 7, SEWER SERVICE AND FUND CHARGES. 2 This bill had second reading. Council Member Kopczynski 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.. 6831 -80 AN ORDINANCE TRANSFERRING $105,000.00 FROM PROJECT R &S 53, SAMPLE STREET, CHAPIN TO OLIVE, WITHIN THE LOCAL ROAD AND STREET FUND, TO PROJECT R &S 8000, SCARIFICATION AND RESURFACING IN THE AMOUNT OF $35,000.00 AND TO R &S 8003, MCKINLEY /MANCHESTER SIGNALIZATION IN THE AMOUNT OF $70,000.00. BOTH PROJECTS WITHIN THE LOCAL ROAD AND STREET FUND. 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. RESOLUTIONS RESOLUTION NO. 811 -80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 225 -229 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA 46601, TO BE AN URBAN DEVELOPMENT AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT AND A DETER - MINATION OF THE PUBLIC UTILITY AND BENEFIT OF THE PROJECT PROPOSED FOR TAX ABATEMENT CONSIDERATION. WHEREAS, the Common Council of the City of South Bend has adopted a Declaratory Resolution designating certain areas within the City as Urban Development Areas for pur- poses of tax abatement consideration; and WHEREAS, a Declaratory Resolution designating the area commonly known as 225 -229 South Bend, Indiana 46601, and more particularly described as follows: PARCEL I: A parcel of land 42 feet in width, North and South, taken off of the entire length of the North side of Lot Two Hundred and Eighty -seven (287) as shown on the Original Plat of the Town, now City of South Bend, EXCEPT from said North 42 feet the North 5 -3/4 inches thereof. PARCEL 2: A parcel of land Twenty -four (24) feet in width, taken off of the entire length of South side of Lot Numbered Two Hundred and Eight -seven (287) as shown on the Original Plat of Town, now City of South Bend. is an Urban Development Area; and WHEREAS, the Area Plan Commission has submitted to the Council its written order approving for the Decaratory Resolution to the Council; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council have been published pursuant to Indiana Code 18- 7 -7 -14; and WHEREAS, the Council held a public hearing for the purposes of hearing persons in favor of the proposed project and those remonstrators who were opposed to the proposed project; and WHEREAS, the Council has determined the public utility and benefit of the project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: . SECTION I. That the Common Council hereby confirms its Declaratory Resolution de- signating the area described herein as an Urban Development Area for purposes of tax abatement consideration and confirms its determination fo theproject's public utility and benefit. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Voorde read the report from Area Plan approving the abatement. Mr. Harold Brueseke, attorney for the petitioner, indicated this site was the former Frances Shop and was being renovated to improve the downtown. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. ME REGULAR MEETING SEPTEMBER 15 1980 REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 812 -80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS A PARCEL OF LAND IN THE SOUTHWESTERN PORTION OF THE CITY OF SOUTH BEND, TO BE AN URBAN DEVELOPMENT AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT AND A DETERMINATION OF THE PUBLIC UTILITY AND BENEFIT OF THE PROJECT PROPOSED FOR TAX ABATEMENT CONSIDERATION. WHEREAS, the Common Council of the City of South Bend has adopted a Declaratory Resolu- tion designating certain areas within the City commonly known as a parcel of land in the Southwestern portion of the City of South Bend, as Urban Development Areas for purposes of tax abatement consideration; and WHEREAS, a Declaratory Resolution designating the area described as follows: A parcel of property in St. Joseph County, Indiana, Section 16, Township 37 North, Range 2 East including the east one -half of the northeast one - quarter of the south- west one - quarter of Section 16, and the North one -half of the southeast one - quarter of Section 16, Excepting therefrom a certain tract of land described as beginning at the northeast corner of the southwest quarter of said Section 16; thence south 33 feet, thence west 16 feet; thence south parallel with.the east line of said Section 16 367 feet, thence west parallel with the certerline of said Section 16, to,the east line of the right -of -way of the New Jersey, Indiana and Illinois Railroad Company as the same has been and is now located; thence northeasterly along the centerline of said Section 16; thence along said centerline of said Section 16 to the east line thereof and the place of beginning containir. 27.017 acres, more or less, and conveyed to the New Jersey, Indiana and Illinois Railroad Company by deeds recorded respectively in Deed Record 164, Page 140 and Deed Record 193, Page 191, of the records of St. Joseph County, Indiana; AND ALSO EXCEPTING therefrom the right -of -way of the New Jersey, Indiana and Illinois Railroad Company and the Penn Central Railroad, now known as Conrail. Subject to all legal highways, the total parcel containing 70 acres, more or less. is an Urban Development Area; and WHEREAS, the Area Plan Commission has submitted to the Council, its written order ap- proving for the Declaratory Resolution to the Council; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council having been published pursuant to Indiana Code 18- 7 -7 -14; and WHEREAS, the Council held a publichearing for the purposes of hearing persons in favor of the proposed project and those remonstrators who were opposed to the proposed project; and WHEREAS, the Council had determined the public utility and benefit of the project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the Common Council hereby confirms its Declaratory Resolution de- signating the area described hereinr as an Urban Development Area for purposes of tax abatement consideration and confirms its determination of the project's public utility and benefit. EI SECTION II. This resolution shall be in full force and effect from and ater its adopti< the Common Council and approval by the Mayor. /s /John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Council Member Voorde read the report from Area Plan approving the abatement. Mr. Joseph Kernan, City Controller, in- dicated that New Energy Corporation. has an option to purchase a parcel of land in Rolling Prairie, therefore he would encourage the Council's favorable adoption of this resolution. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 813 -80 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO THE EAST BANK CENTER PARTNER - SHIP PROJECT. WHEREAS, at the present time here are insufficient employment opportunities and insuf- ficent diversification of business, commerce and industry in and near the City of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquistion and con- struction of economic development facilities pursuant to the provisions of Indiana Code 18 -6 -4.5 (the "Act "); and REGULAR MEETING SEPTEMBER 15, 1980 REGULAR MEETING RECONVENED (CONTINUED WHEREAS, East Bank Center Partnership, an Indiana partnership, comprised of Thomas J. Suddes, Donald C. Bullock, Michael G. Suddes, David L. Foster, William B. Beedie and James Yoder, ( "East Bank Center ") proposes to acquire and construct economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by the East Bank Center for the issuance of City of South Bend Economic Development Bonds in an amount of approximately three million five hundred thousand and no /10- dollars !, ($3,500,000.00), which bonds would bear interest thereon at the prevailing market rates at the time of issuance over a period not to exceed twenty -five (25) years in order to pur- chase and renovate the former Indiana and Michigan Electric Company service building locatedi at 401 East Colfax Street, South Bend, Indiana, for use as an office and commercial building, NOW, THEREFORE, The Common Council of the City of South Bend, Indiana resolves as follows: 1. The project constitutes economic development facilities which shall be financed by the City through the issuance of economic development revenue bonds pursuant to the act and the City is willing, upon compliance with all provisions.of Indiana law, to authorize approximately three million five hundred thousand and no /100 Dollars ($3,500,000.00) of its revenue bonds, which bonds will not be general obligations of theCity but will be payablE solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. The partnership may proceed with acquisition and construction of the economic development facilities in reliance with this resolution. 4. That the liability and obligation of the South Bend Economic Development Commis- sion, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such Bonds, and and the South Bend Economic Development Commission, and the City of South Bend, Indiana, their officers or agents, shall not incur any liability if for any reason the proposed issuance of such Bonds is not consummated. This Inducement Resolution shall be in full force and effect from and after 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. Kenneth Fedder, attorney for the Economic Development Commission, indicated they planned to purchase and renovate the presently vacant I &M Service Building at 401 E. Colfax. He indicated this would be used for office space. Council Member Szymkowiak made a motion to adopt this resolution, seconded.by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 814-80 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA RELATING TO THE SCHILLING'S SALES CO., INC. PROJECT WHEREAS, at the present time here are insufficient employment opportunities and in- sufficient diversification of business, commerce and industry in and near the City of South Bend, Indiana (the "City"); and WHEREAS, the economic welfare of the City would be benefited by the acquistion and construction of economic development facilities pursuant to the provisions. of Indiana Code 18-6-4-.5 ( the 11 Acttc) ; and WHEREAS, Schilling's Sales Co., Inc., an Indiana corporation ( "Schilling's "), pro- poses to acquire and construct economic development facilities as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by Schilling's for the issuance of City of South Bend Economic Development Bonds in an amount not to .exceed Two Hundred Fifty Thousand and no /100 Dollars ($250,000.00) repayable with interest thereon of eight and seven- eights percent (8 7/8 %) per annum over a period not to exceed fifteen (15) years in order to enlarge and remodel the commercial buildings located at 329 S. Lafayette Blvd., South Bend, Indiana, occupied by Schilling's Sales Co., Inc. and Schilling's Printing.Co., Inc., an Indiana corporation, resulting in an increase of approximately two (2) additional employees by the two (2) corporations with an increased annual payroll of a minimum of Thirty Thousand Dollars ($30,000.00)per. year. j NOW, THEREFORE, The Common Council of the City of South Bend, Indiana.resolves as follows: 1. The project constitutes economic development facilities which shall be financed by the City through the issuance of economic development revenue bonds pursuant to the act and the City is willing, upon compliance with all provisions of Indiana law, to authorize Two Hundred Fifth Thousand Dollars ($250,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the _limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. The Partnership may proceed with acquisition and.construction of the economic development facilities in reliance upon this resolution. 4. That the liability and ob sion, the South Bend Common Council solely to the good faith efforts to the South Bend Economic Development officers or agents, shall not incur of such Bonds is not consummated. ligation of the South Bend Economic Development Commis - and the City of South Bend, Indiana, shall be limited consummate such proceedings and issue such Bonds, and Commission, and the City of South Bend, Indiana, their any liability if for any reason the proposed issuance REGULAR MEETING S EPTEMBER 15 1980 REGULAR MEETING RECONVENED (CONTINUED) This inducement Resolution shall be in full force and effect from and after its adoptiot 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. Kenneth Fedder, attorney for the Economic Development Commission, indicated they planned to enlarge their facility and add two new jobs. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 815 -80 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF INTENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND ROMANA R. R. PRIMUS, M.D., PROVIDING FOR THE ISSUANCE BY SAID CITY OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF INDIANA CODE, TITLE 18, ARTICLE 6, CHAPTER 4.5, AS AMENDED. The area still has insufficient employment opportunities and insufficient diversifica -, tion of industries, which conditions are harmful to the .economic stability,�and general welfare of the area and, if not remedied, will be detrimental to the development of such area. The City of South Bend, Indiana (the "City ") is authorized under the provisions of Indiana Code, Title 18, Article 6, Chapter 4.5, as amended (the "Act "), to acquire con - struct and finance economic development projects for the users thereof and to provide for the issuance of revenue bonds in conjunction therewith. The City, in order to implement the public pruposes enurmerated in the Act and in furth ance thereof to induce Romana.R. Primus, M.D. (the Borrower), to purchase and construct an office comlex, including all necessary land., improvements, machinery, equipment, fixturees and furnishings (hereinafter collectively called the "Project "):within the limits of the City of South Bend, Indiana, has indicated its intent to issue its revenue bonds under and pursuant to the provisions of.the Act and to apply the proceeds therefrom to the payment of the costs of the Project. The Borrower, after considering a number of possible locations within and outside the State of Indiana, and in.reliance upon the intent of theCity to finance the Project throug the issuance of revenue bonds under the provisions of the Act, has determined to construct the Project within the limits of the City of South Bend, Indiana. It is now deemded advisable to authorize the execution and delivery by the City of a Memorandum of Intent expressing formally and in writing the understanding heretofore for- mally agreed upon by the City and the Borrower. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as folllows: SECTION 1 The Mayor is hereby authorized and directed to execute a Memorandum of Intent by and between the City and the Borrower and the City is hereby authorized and directed to affix the eal of the City thereto and to attest to the same; and said Mayor and City Clerk are hereby authorized and directed to cause said Memorandum of Intent to be delivered to, accepted, and executed by the Borrower, said -Memorandum, of Intent, which is hereby approved and incorporated by reference and made a part of this authorizing resol tion, to be in substantially the form attached hereto. SECTION 2. All resolutions and orders, or parts thereof, in conflict with the pro- visions of this resolution are, to the extent to such conflict, hereby repealed , and this resolution shall be in immediate effect from and after its adoption. This inducement resolution shall be in full force and effect from and after its.adoptio by the Common Council and approved by the Mayor. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated this was a new medical facility and four new employees would be hired. Council Member Kopczynski made a motion to adopt this res- olution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 816 -80 INDUCEMENT RESOLUTION RELATING TO THE FINANCING OF ECONOMIC DEVELOPMENT FACILITIES FOR SOUTH BEND MEDICAL FOUNDATION, INC. WHEREAS, at the present time there are insufficient employment opportunities and in- sufficient diversification of economic development facilities in and near the City of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefits by the acquisition and construction of economic development facilities pursuant to the provisions of Indiana Code 18-6-4.5 ( the ".'Act"); and WHEREAS, South Bend Medical Foundation, Inc. (the "Company "), proposes to acquire and construct economic development facilities as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has adopted a resolution making certain findings with respect to such proposed economic development facilities (the "Projec and has forwarded such resolution to this Common Council. 1 1 r] REGULAR MEETING SEPTEMBER 15, 1980 REGULAR MEETING RECONVENED (CONTINUED NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: 1. The project constitutes economic development facilities which may be financed by the City through the issuance of revenue bonds pursuant to the Act, and the City is willing upon compliance with all provisions of Indiana law to authorize the issuance of:,:_ its revenue bonds in an amount of approximately $2,150,000, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and.will comply with the purposes and provisions of the Act. 3. The Company may proceed with the acquisition and construction of the economic development facilities in reliance upon this resolution. 4. That the liability and obligation of the South Bend Economic Development Commission the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such Bonds, and the South Bend Economic Development Commission, and the City of South Bend, Indiana, their officers or agents, shall not incur any liability if for any reason the proposed issuance of such bonds is not consummated. This inducement Resolution shall be in full force and effect from and after 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. Kenneth Fedder, attorney for the Economic Development Commission, indicated this was for an addition to the present premises and from twenty to twenty -five new people will be employed. Council Member Kopczynski made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 817 -80 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF INTENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND CLAEYS REALTY, AN INDIANA PARTNERSHIP, PRO- VIDING FOR THE ISSUANCE BY SAID CITY OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF INDIANA CODE, TITLE 18, ARTICLE 6, CHAPTER 4.5, AS AMENDED. The area still has insufficient employment opportunities and insufficient deiversifi- cation of industries, which conditions are...harmful to the economic stability and general welfare of the area, and if not remedied, will be deterimental to the development of such area. The City of South Bend, Indiana (the "City ") is authorized under the provisions of Indiana Code, Title 18, Article 6, Chapter 4.5, as amended (the "Act ") to acquire, con- struct and finance economic development projects for the users thereof and to provide for the issuance of revenue bonds in conjunction therewith. The City, in order to implement thepublic purposes enumerated in the Act and in furtherance thereto to induce Claeys Realty, an Indiana partnership (the "Borrower ") to add to to, increase facilities and build a structure at 525 South Taylor Street, South Bend, Indiana, hereinafter collectively called (the "Project ") within the limits of the City of South Bend, has indicated its intent to issue its revenue bonds under the pursuant to thi provisions of the Act and to apply the proceeds therefrom to the payment of the costs of the Project. The Borrower, after considering a number of possible locations within the outside of the State of Indiana, and in reliance upon the intent of the City of finance the Project through the Issuance of revenue bonds under the provisions of the Act, has determined to construct the Project within the limits of the City of South Bend, Indiana. It is now deemed advisable to authorize the execution and delivery by the City of a Memorandum of Intent expressing formally and in writing the understanding heretofore formally agreed upon by the City and Clayes Realty, an Indiana partnership, the Borrower. NOW, THEREFORE, be it resolved by the CommonCouncil of the City of South Bend, Indiana, as follows: !. SECTION I. The Mayor is hereby authorized and directed to execute a Memorandum of Intent by and between the City and Claeys Realty, an Indiana partnership, the Borrower, and the City Clerk is hereby authorized and directed to affix the seal of the City thereto and to attest the same; and said Mayor and City Clerk are hereby authorized and directed to cause said Memorandum of Intent to be delivered to, acceped, and executed by Claeys Realty, an Indiana partnership, said Memorandum of Intent, which is hereby approved and incorporated by reference and made a part of this authorizing resolution, to be in sub- stantially the form attached hereto. SECTION 2. All resolutions and orders, or parts thereof, in conflict with the pro- visions of this resolution are, to the extent of such conflicts, hereby repealed and this resolution shall be in immediate effect from and after its adoption. This Inducement Resolution shall be in full force and effect from and after its adop- tion by the Common Council and approval by the Mayor. /s /Lewis A. McGann Member of the Common Council REGULAR MEETING SEPTEMBER 15, 1980 REGULAR MEETING RECONVENED (CONTINUED A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated there was an expansion of the business on Taylor Street. He said five new jobs will be created. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 818 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE BOARD OF WORKS TO NEGOTITATE THE SALE OF CITY -OWNED LOT LOCATED AT 233 ELDER.STREET. WHEREAS, the Board of Public Works of theCity of South Bend pursuant to the Municipal Code of the City of South Bend, Chapter 14.5, has offered for sale the following des- cribed property: Part of Lot "L" and part of the south 4 feet of Lot 21 of Elder Place Addition to South Bend, described as follows: Beginning at the south- west corner of said Lot "L" of Elder Place Addition; thence north 47 feet; thence east 37.05 feet; thence south 47 feet; thence west 37.05 feet to the place of beginning. at an offering price of $361.00; and WHEREAS, the Board of Public Works of the City of South Bend has now received -an offe to purchase the property at 233 Elder Street for a price of $50.00; 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 specificall real property valued by the Board at less than $1,000.00. 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 of Part of Lot "L" and part of the south 4 feet of Lot 21 of Elder Place Addition to South Bend, described as follows: Beginning at the south- west corner of said Lot "L" of Elder Place Addition; thence north 47 feet thence east 37.05 feet; thence south 47 feet; thence west 37.05 feet to the place of beginning, for a total price of Fifth Dollars ($50.00). SECTION II. This resolution shall be in full force and effect from and after 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. Patrick McMahon, Director of Public Works, indicated that the next door neighbor had been taking care of this pro- perty, and he has made an offer of $50 to purchase it. He said the $50 was all this person could afford. CouncilMember Dombrowski made a motion to adopt this resolution, seconded by Counci]Member Crone. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 819 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF A LICENSE FOR SCRAP AND JUNK DEALER (BREMEN IRON AND METAL COMPANY, INC.) WHEREAS, the Common Council of the City of South Bend recognizes the contr.ibutions:• that recycling operations such as junk and scrap yards make to the community; and the Council further _realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may created by the operations of scrap and junk yards within the city; and WHEREAS, the Common Council of the City of South bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operation of the scrap and junk dealers; and WHEREAS, a petition by Bremen Iron and Metal Company, Inc., was submitted to the Board of Public Works on August 18, 1980, for the operation of a waste metal scrap operation on property located off of Sample Street immediately east of Webster Street and extending along and to the rear of the Penn Central Railroad tracks (more particularly described in a map attached to said petition); and WHEREAS, inspections of the property have been completed by the Environmental Protection Office and theFire Prevention Bureau; petitioner has agreed to conform with all of the rules and regulations pertaining to the operation of such scrap yards; and the Board of Public Works has approved the issuance of said license, all as required in finance No. 6621 -79. NOW, THEREFORE, BE IT RESOLVED by the CommonCouncil of the City of South Bend, Indiana, as follows: SECTION I. That the license application for Bremen Iron and Metal Company, Inc., for the operation of a scrap yard at the above location be approved, and the City Con- troller authorized to issue such license, however, said license shall be subject to the following conditions: 1 f 1 REGULAR MEETING SEPTEMBER 15, 1980 REGULAR MEETING RECONVENED (CONTINUED (a) That no shredders shall be allowed to operate at this location. (b) That no sheerer in excess of 1,100 tons shall be allowed to operate at this location. (c) That permanent underground containers of suitable material be housed on this location for all oils, solvents, and other fluids drained at this facility. SECTION 2. That this Resolution shall be in full force and effect from and after 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 this resoution in the Committee of the Whole portion. Council Member Taylor made a motion to amend this resolution, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Kopczynski.) RESOLUTION NO. 820 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE NON- PROFIT GROUP GRANT IN EXCESS OF $5,000.00 FOR REHABILITATION WORK TO BE PERFORMED ON THE STRUCTURE AT 1217 S. MICHIGAN FUNDED THROUGH THE COMMUNITY DEVELOPMENT PROGRAM, ADMINISTERED BY THE BUREAU OF HOUSING. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed.by the Sou.t.h.Bend, Common Council on August 11, 1975, all contracts in excess of $5,000.00 must be approved by the Common Council; and WHEREAS, a Non - Profit Group Grant for rehabilitation work under the Community Develop- ment Housing Program has exceeded $5,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana; 1. That approval be granted to the Redevelopment Commission of the-,City of South Bend, Indiana, to enter into a contract in the amount of TEN THOUSAND DOLLARS ($10,000.00) with the Mental Health Association of Saint Joseph County for a Non - Profit Group Grant through which they are to rehabilitate the following property: Excluding 26 feet North side of Lot 5 Stull's third addition to the City of South Bend commonly known as 1217 S. Michgian 2. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval vy the Mayor of the City of South Bend, Indiana. /s /Lewis A. McGann Member of the Common-Council A public hearing was held on the resolution at this time. Kathy Baumgartner, Director of the Bureau of Housing, indicated this grant was for the Metcalfe House, a halfway house for the Mental .Health Association. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 821 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, STATING THE INTENTION OF THE CITY TO CONSTRUCT AND MAINTAIN THE PORTION OF DUNDEE STREET SITUATED IN ST. JOSEPH COUNTY, INDIANA, OUTSIDE THE BOUNDARIES OF THE CITY OF SOUTH BEND. WHEREAS, the City of South Bend is applying for an Urban Development Action Grant from the United States Department of Housing and Urban Development, to facilitate the location in the City of a plant by New Energy.Corporation; and WHEREAS, if the City of South Bend is awarded the UDAG grant, the City of South Bend will use the funds from that grant to construct an access road, part of which Will be on the site of the public right -of -way commonly known as Dundee Street (sometimes Maple Road),, located in St. Joseph County outside the boundaries of the City of South Bend, running south from the intersection of Sections 16 and 15 and Sections 21 and 22, south along the section line between Sections 21 and 22, Township 37 North, R2E, to the intersection with State Road 23, currently located in St. Joseph County. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That it is the intent of the City of South Bend to construct and maintain a portion of the access road located on that public right -of -way commonly known as Dundee Street (sometimes Maple Road), currently maintained by St. Joseph County. SECTION II. This this Resolution shall take effect in the event that, and at the time that, the City of South Bend its awarded an Urban Development Action Grant to facilitate the location of a plant of New Energy Corporation in the City of South Bend, on a site to which Dundee Street will given access from State Road 23. /s /Lewis A. McGann Member of the Common Council REGULAR MEETING SEPTEMBER 15, 1980 REGULAR MEETING RECONVENED (CONTINUED A public hearing was held on the resolution at this time. Joseph Kernan, City Controller indicated that because UDAG funds will be used to construct an access road into the facility, and because part of the road will fall within the County, it is necessary for the Council to resolve to maintain that portion of the road which falls into the County. Council Member Kopczynski made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 101 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (CLEVELAND AND MAPLE). This bill had first reading. Council Member Taylor made a motion to continue first reading on this bill until October 13, seconded by Council Member Dombrowski. The motion carried. BILL NO. 102 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTHWEST CORNER BOLAND AND BENDIX.) This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 103 -80 A BILL TRANSFERRING $600.00 AMONG THE VARIOUS BUDGET CLASSIFI- CATIONS OF THE DEPARTMENT OF LAW WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had first reading. CouncilMember Taylor made a motion to set this bill for public hearing and second reading October 13, seconded by Council MEmber Dombrowski. The motion carried. BILL NO. 104 -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 RESOLU- TION NO. 18 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE SMITH WHITE CO. PROJECT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading October 13, seconded by Council Member Dombrowski. The motion carried. BILL NO. 105 -80 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT INDENTURE OF TRUST, SECURITY AGREEMENT AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 19 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE RACONIK LEASING, AN INDIANA PARTNER- SHIP, PROJECT. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading October 13, seconded by Council Member Taylor. The motion carried. BILL NO. 106 -80 A BILL AMENDING CHAPTER 2, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 17 ENTITLED RATES CHARGED FOR PUBLIC RECORDS AND FEES CHARGED FOR LEGAL AD- VERTISING. This bill had first reading. Council Member Taylor made a motion set this bill for public hearing and second reading October 13, and refer it to the Personnel & Finance Committee, seconded by Council Member Dombrowski. The motion carried. BILL NO. 107 -80 A BILL AMENDING VARIOUS SECTIONS WITHIN CHAPTER..10, ARTICLE 3, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COM- MONLY REFERRED TO AS FOOD VENDING VEHICLES. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading October 13, and refer it to the Public Safety Committee, seconded by Council Member Dombrowski. The motion carried. BILL NO. 108 -80 A BILL AMENDING CHAPTER 20, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED RESTRICTED PARKING OF TRUCKS HAVING MORE THAN (ELEVEN THOUSAND (11,000) POUNDS DECLARED GROSS VEHICLE WEIGHT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading October 13, and refer it to the Public Safety Committee seconded by Council Member Crone. The motion carried. BILL NO. 109 -80 A BILL APPROPRIATING $250,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE PURCHASE OF GASOLINE TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading October 13, seconded by Council Member Taylor. The motion carried. 1 1 1 f 1 REGULAR MEETING SEPTEMBER 15 1980 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 110 -80 A BILL APPROPRIATING $14,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS PUBLIC SAFETY PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading October 13, seconded by Council Member Dombrowski. The motion carried. BILL NO. 111 -80 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF EXPENSE OF THE SEVERAL DEPARTMENTS OF THE CITY THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCA JANUARY 1, 1981, AND ENDING DECEMBER 31, 1981, OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING SAME SHALL TAKE EFFECT. DEFRAYING THE GOVERNMENT OF L YEAR BEGINNING INCLUDING ALL A TIME WHEN THE This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading October 13, and refer it to the Personnel and Finance Committee, seconded by Council Member Crone. The motion carried. BILL NO. 112 -80 A BILL TRANSFERRING $752.00 AMONG VARIOUS ACCOUNTS ALL ACCOUNTS BEING WITHIN THE HUMAN RIGHTS COMMISSION FEDERAL FUND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading October 13, seconded by Council Member Dombrowski. The motion carried. BILL NO. 113 -80 A BILL TRANSFERRING $2,731.00 AMONG VARIOUS ACCOUNTS ALL ACCOUNTS BEING WITHIN THE HUMAN RIGHTS COMMISSION FEDERAL FUND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading October 13, seconded by Council Member Dombrowski. The motion carried. UNFINISHED BUSINESS Council Member Taylor made a motion to set Bill No. 97 -80 for public hearing and second reading October 13, seconded by Council Member Voorde. The motion carried. NEW BUSINESS Council Member Taylor asked that the Clerk's office set up a Public Safety meeting October 13, at 5:30 p.m., in the Council meeting room. There being no further business to come before the Council unfinished or new, Council Member Voorde made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 11:21 p.m. ATTEST: APPROVED: City Clerk President