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HomeMy WebLinkAbout12-08-80 Council Meeting MinutesREGULAR•MEETING DECEMBER 8, 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, December 8, 1980, at 7 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Serge, Szymkowiak, Bec, Taylor, Kipczynski, Crone, Dombrowski, Voorde and McGann Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: i Your sub- committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the December 8, 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 rfilrA Council Member Serge made a motion that the minutes of the November 24, 1980 meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. Motion carriE SPECIAL BUSINESS Council President McGann welcomed the Adult Government Class from Central. RESOLUTION NO. 840 -80 INDUCEMENT RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, RELATING TO THE LOCK JOINT TUBE COMPANY, INC. PROJECT. WHEREAS, there are insufficient employment opportunities and insufficient diversifit- WHEREAS, tion of business, commerce and industry in the City of South Bend, Indiana and The economic welfare of the City of South Bend, Indiana, would be benefitec and additional job opportunities and commercial diversification would result within the City of South Bend, Indiana, by the approval of a financing agreement which would be effected with Lock Joint Tube Company, Inc. relating to a project to be known as the "Lock Joint Tube Company, Inc. Project" and WHEREAS, said Lock Joint Tube Company, Inc. desires to.acquire or have acquired for its use a tube mill and related equipment for use in the manufacturing of welded carbon steel tubing at its existing plant located at 1400 Riverside Drive, South Bend, Indiana 46616, which tube mill and related equipment will constitute economic development facilities; and WHEREAS, the South Bend Economic Development Commission has heretofore received, investigated, studied, and approved an application of Lock Joint Tube Company, Inc., and Indiana corporation, relating to such Lock Joint Tube Company, Inc. Project in order that Industrial Development Bonds may be issued to acquire such economic development facilities in an amount not exceeding Eight Hundred Thousand Dollars ($800,000.00) payable with inter- est thereon at a rate which is seventy five percent (75 %) of the prime rate recognized by First Bank and Trust Company of South Bend, South- B.end, Indiana, adjusted on a quarter annual basis with the principal and interest on such Bonds being paid on a quarter annual basis over a period of eight `(8)' years after the issuance thereof. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. That the acquisition of the tube mill and related equipment relating to such Lo Joint Tube Company, Inc. Project constitutes economic development facilities which sould be financed by the City of South Bend, Indiana, through the issuance of Industrial Development Bonds pursuant to the provisions of IC 18- 6 -4.5 -1 through IC 18- 6.4.5 -30, hereinafter referred to as the "Act ", which Bonds will not be general obligation Bonds of the City of South Bend, Indiana, but will be payable solely from the sources authorized and permitted by the Act. 2. That it is hereby determined that the issuance of such Industrial Development Bcnds to pay :a portion of the costs for the acquisition of the tube mill and related equipment relating to such Lock Joint Tube Company, Inc.;Project is determined to be in the best int- erests of the City of South Bend, Indiana, and the Common Council of .South Bend, Indiana hereby declares its intention to issue such Industrial Development- Bonds and hereby approv the application relating to such Lock Joint Tube Company, Inc. Project. 3. That it is hereby determined that the economic.development facilities relating to such Lock Joint Tube Company, Inc. Project will be of benefit to the economic welfare of the City of South Bend, Indiana, and will comply with the purposes and provisions of the Act. 4. That the South Bend Economic Development Commission be .and it hereby is authorized and directed to pursue the completion of such Lock Joint Tube Company, Inc. Project as referred to in said application of Lock Joint Tube Company, Inc. and as approved by this Inducement Resolution. 5. That the liability and.obligation of the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such Lock Joint Tube Company, Inc. Project, and the issuance of such bonds and neither the City of South Bend, Indiana, nor its officers or agents, shall incur any personal liability by virtue of the issuance of any such Bonds. /s/ Lewis A. McGann Member of the Common Council Council Member Taylor made a motion to suspend the rules and have public hearing on this resolution, seconded by Council Member Beck. The motion carried on a roll call vote of nine ayes. Mr. Kenneth Fedder, attorney for the Economic Development Commission, he said the Commission had accepted a preliminary application from this company, for the $800,000.00 project for the purchase of equipment to be used in the production of tubing. He indicated that because of a time crisis this application was not on the Council's agenda. 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. Council Member Taylor made a motion to resolve into the Committee of the Whole seconded by Council Member Dombrowksi. The motion carried. 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) REGULAR MEETING DECEMBER 8 1980 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Charles Boynton, attorney representing the St. Joseph Bank, indicated this zoning would allow for a branch bank. He indicated this property was large enough to allow for further commercial development. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowksi. The motion carried. BILL NO. 117 -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) (1809 E. IRELAND.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. James Kuehl,.attorney representing the petitioner, made the presentation for the bill. He indicated this rezoning would allow for an insurance office at this location. He indicated the petitioners would live at this location. He indicated there would be no structural changes to the house. He described the surrounding area, which is basically commercial. Jacqueline Kubley, 1801 Orkney Dr., indicated she was representing remonstrators against this rezoning. She indicated they were concerned about the commercial pressure on Ireland Road. Council Member Taylor indicated that because of the surrounding area he felt he could support this rezoning. Counc! Member Dombrowski indicated this would have adverse effect on the neighborhood. Council Member Serge made a motion that this bill go to Council favorable, seconded by Council Member McGann. The motion carried. l BILL NO. 118 -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) (2530 W. Kenwood) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Thomas Waltz, attorney representing they, petitioner, made the presentation for the bill. He indicated that Marroni Vending has operated at this location since apporximately 1960. He presented photographs of the property) He indicated there was some confusion as to the zoning on this property, for this reason they were asking that it be changed so the property could continue to be used for this purpose. He indicated that this would be an asset to the neighborhood. Council Member j Kopczynski made a motion to recommend this bill to the Council favorable, seconded by j Council Member Dombrowski. Motion carried. BILL NO. 131 -80 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, CONNONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, (121 N. Studebaker) This being the time heretofore set for public hearing on the above bill, proponents and opponents were give an opportunity to be .heard. Mr. John Oxian, Vice President of the Historic Preservation Commission made the presentation for the bill. He indicated this was an architecturally superior building. He indicated that the Commission had rated an eleven. He indicated this was owned by Southold Heritage Foundation. He said the building was constructed in 1870 and.was moved to Studebaker Street in 1902. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member McGann. The motion carried. BILL NO. 135 -80 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO ". VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS WITHIN THE GENERAL FUND, PARK FUND, MOTOR VEHICLE HIGHWAY FUND, HUMAN RIGHTS FUND, SOLID WASTE FUND, WATER WORKS GENERAL FUND, SEWAGE WORKS OPERATIONS AND MAINTENANCE FUND, WATER WORKS DEPRECIATION FUND, SEWAGE WORKS DE- PRECIATION FUND, AND CENTURY CENTER OPERATION FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Joseph Kernan, City bontroller, made the presentation for the bill. He indicated the bill should be amended, and read the the following amendments: Reduce the following accounts: Barret Law, account 252.0 Equipment repair $26.00; Morris Civic Auditorium, 213.0 Travel, 257.00, 315.0 Promotion $500,00, 221.0 Freight, Express, Drayate 25.00; Environmental /Actional Center, 722.0 Motor Equipment, increase from $.179.00 to $4,382.00 changing the total decreases in the General Fund from $385,069.00 to $390,259.00. Increase the following accounts in the general fund: Barret Law, 363.0 Other Office Supplies, $26.00; Morris Civic Auditorium, 251.0 Buildings & Structures Repair, $18.00; 252.0 Equipment $12.00, 430.0 Repair Parts $2.00, 110.0 Salaries and Wages, Regular $750.00- - Environmental /Action Center 260.0 Other Contractuals, $4000.00; 360.0 Office Supplies $382.00; changing the total increases in the general fund from $385,069.00 to $390,259.00. Council Member Dombrowski made a motion to accept the amendments, seconded by Council Member McGann. The motion carried. He indicated this bill would provide for the transfer of funds between various accounts within several funds, in order to bring total expenditures in line with what would be the budgeted amounts for those funds. Council Member Kopczynski made a motion that the bill be recommended to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 137 -80 A BILL APPROPRIATING$251000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR ECONOMIC DEVELOPMENT PLANNING FOR THE STUDEBAKER INDUSTRIAL CORRIDOR TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and apponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Redevelop- ment, made the presentation for the bill. He said this bill in intended to provide initial money to begin work in the Studebaker Corridor. He said it will also be utilized as a match for $75,000 from the Economic Development Administration that we have applied for. He said REGULAR MEETING DECEMBER 8, 1980 primarily they will be involved in a feasibility study. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council.Member Crone. motion carried. IJBILL NO. 138 -80 A BILL TRANSFERRING $6,823.59 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE CITY CLERK'S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set.for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Irene Gammon,.City Clerk, made the pre- sentation for the bill. She indicated she was transferring within her budget from salaries, official records, and office supplies to instruction equipment repair, office repair and rents. She indicated this transfer was being requested in order to upgrade the office machinery, as well as obtain her accrediation as an International Municipal Clerk. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by' Council Member Dombrowski. The motion carried. BILL NO. 139 -80 A BILL APPROPRIATING ADDITIONAL OPERATING FUNDS IN THE AMOUNT OF $12,902.00 FOR THE CALENDAR YEAR 1980, FROM THE SEWAGE WORKS OPERATIONS AND MAINTENANCE FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE BUREAU OF SEWERS. This being the time heretofore set for public hearing on the above bill, proponents: and opponents were given an opportunity to be heard. Joseph Kernan City Controller, made the presentation for the bill. He indicated this appropriation would be used to cover a deficit in the Social Security account, as well as fuel oil due to the rising price of oil. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. BILL NO. 140 -80 A BILL APPROPRIATING ADDITIONAL OPERATING FUNDS IN THE AMOUNT OF $44,469.00 FOR THE CALENDAR YEAR 1980, FROM THE SOLID WASTE FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE BUREAU OF SOLID WASTE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Joseph Kernan, City controller, made the presentation for the bill. He indicated these funds would be used to cover a deficit in salaries, as well as contractual accounts, landfill, etc. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Dombrowski made a motion to rise and report to the Council and recess, seconded by Council Member Taylor. The motion carried, and the meeting was recessed at 7:55 p.m. ATTEST: ATTEST: A- �� ��'0457zl� CITY CLERK CHAIRMAN REGULAR MEETING RECONVENED 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 8 :05 p.m. Council President McGann presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6863 -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) (CLEVELAND AND MAPLE.) This bill had second reading. Council Member Serge made a motion to pass this bill, seconder by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6864 -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) (1809 E. IRELAND.) This bill had second reading_ Council Member Serge made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of seven ayes and two nays (Council Members Beck and Dombrowski.) ORDINANCE NO. 6865 -80 AN ORDINANCE AMENDING ORDINANCE NO. 4.990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (2530 KENWOOD.) This bill had second reading. Council Member Serge made a motion to pass this bill, secon by Council Member Taylor. The bill passed by a roll call vote of -nine ayes.. ORDINANCE NO. 6866 -80 AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (121 N. STUDEBAK.ER.) This bill had second reading. Council Member Taylor made a motion to pass this bill, secondE by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. 1 1 7 L C fl REGULAR MEETING DECEMBER 8, 1980 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6867 -80 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS WITHIN THE GENERAL FUND, PARK FUND, MOTOR VEHICLE HIGHWAY FUND, HUMAN RIGHTS FUND, SOLID WASTE FUND, WATER WORKS GENERAL FUND, SEWAGE WORKS OPERATIONSAND MAINTENANCE FUND, WATER WORKS DEPRECIATION FUND, SEWAGE WORKS DEPRECIATION FUND, AND CENTURY CENTER OPERATIONS FUND. 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. 6868 -80 AN ORDINANCE APPROPRIATING $25,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR ECONOMIC DEVELOPMENT PLANNING FOR THE STUDEBAKER INDUSTRIAL CORRIDOR TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6869 -80 AN ORDINANCE TRANSFERRING $6,823.59 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE CITY CLERK'S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Serge made a motion to pass this bill, secon by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6870 -80 AN ORDINANCE APPROPRIATING. ADDITIONAL OPERATION FUNDS IN THE AMOUNT OF $12,902.00 FOR THE CALENDAR YEAR 1980, FROM THE SEWAGE WORKS OPERATIONS AND MAINTENANCE FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE BUREAU OF STREETS. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6871 -80 AN ORDINANCE APPROPRIATING ADDITIONAL OPERATING FUNDS IN THE AMOUNT OF $44,469.00 FOR THE CALENDAR YEAR 1980, FROM THE SOLID WASTE FUND TO BE.ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE BUREAU OF SOLID WASTE. This bill had second reading. by Council Member Dombrowski. RESOLUTIONS Council Member Serge made a motion to pass this bill, secondedl The bill passed by a roll call vote of nine ayes. RESOLUTION NO.. 841 -80 A RESOLUTION TRANSFERRING $1,500.00 FROM ACCOUNT 215.0, CAR ALLOWANCE, TO ACCOUNT 213.0, TRAVEL, BOTH ACCOUNTS BEING WITHIN THE COMMON COUNCIL'S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to transfer money from one account to another in the annual budget to allow the Common Council's office to fulfill its functions, and; WHEREAS, it has been ascertained that a certain account in the Common Council's budget has excess funds. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: SECTION I. That the following account be reduce in the amount set opposite said account, to wit: Arrnr TNT m 215.0 DESCRIPTION Car Allowance AMOUNT $1,500.00 SECTION II. That the follow account be increased in the amount set opposite said account, to -wit: 213.0 Travel $1,500.00 That the transfer of funds as set forth in Section I and Section II are necessary for the proper and efficient operation and functioning of the Common Council's Office. An extra- ordinary emergency is declared to exist concerning the foregoing transfer, and it is in the best interest to do so. SECTION III. This resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend. /s/ Lewis A. McGann Member of the Common Council REGULAR MEETING DECEMBER 8, 1980 REGULAR MEETING RECONVENED (CONTINUED) A public hearing was held on the resolution at this time. Council President McGann in- dicated there was an excess in car allowance and not enough in travel. He indicated that the travel this year had been very modest, by comparison, but there were several things coming up in December dealing with police and fire wage negotiations that we need the flexabilty to make a few short trips. Council Member Kopczynski made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Crone.) RESOLUTION NO. 842 -80 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO MICHIANA TELECASTING CORP. WHEREAS, pursuant to I.C. 18- 6 -4.5, the Common Council of the City of South Bend, Indiana created the South Bend Economic Development Commission, which Commission, fol- lowing an investigation and survey, has determined that need exists in the community for additional job opportunities and commercial and industrial diversification. That in order to improve the promote job opportunities, commercial diversification and the general welfare of the community, certain contractual agreements should be entered into with Michiana Telecasting Corp. relating and allowing it to construct and equip a building to be an economic development facility used to operate a radio and telecasting station at the northeast corner of Dorr Road and U.S. 31 -33, St. Joseph County, Indiana. WHEREAS, the economic welfare of the City would be benefited by the acquisition and building of economic development facilities pursuant to the provisions of Indiana Code 18 -6 -4.5 (the "Act "); and WHEREAS, Michiana Telecasting Corp., an Indiana corporation ( "Michiana ") purposes to acquire, build, and purchase equipment for an economic development facility as defined in the Act for the oepration of a radio and telecasting station if the City will finance costs of such economic development facilities pursuant to the Act and it is apparent that the development of this project will increase job opportunities and commercial diversifica- tion in the City of South Bend, and St. Joseph County, Indiana, resulting in benefit to the welfare of the public in the CIty of South Bend and St. Joseph County, Indiana; and WHEREAS, to induce Michiana to develop this project and become the principal user thereof, the South Bend Common Council desires to adopt this resolution. NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves the following. 1. Approval is hereby given to the application of Michiana relating to the acquisi- tion of such economic development facilities, and the installment of other such facilities wherein industrial Revenue Bonds would be issued by the City of South Bend, Indiana for an amount not exceeding Three Million Dollars ($3,000,000.00), payable with interest thereon at a rate., or rates to.be determined prior to the sale of said bonds over a term of not to exceed twenty -five (25) years from and after the economic development facilities are all placed in use. 2. In order to encourage, induce and solicit such application by Michiana for such Industrial Revenue Bond issue relating to its - acquisition anchnstallation of such Economic Development Facilities, the South BendCommon Council shall proceed to cooperate with and take such action as may be necessary to cause such Industrial Revenue Bonds to be issued including the drafting of documents or the performance of such other acts as will facilita the issuance of such Industrial Revenue Bonds by the City of South Bend, Indiana, to pro- vide funds to be used toward the payment of the costs of the purchase and .building for an economic development facility. 3. Any costs or expenses incurred in connection with the said Michiana Project sha be included in theproject costs and reimbursed from th e -- proceeds of the Industrial Revenue Bonds to be issued with respect thereto. 4. That the liability and obligation of the Common Council of the City of South Bend and the City of South Bend, Indiana shall be limited solely to good faith efforts to consummate such proceedings and issue such bonds, and neither the South Bend Common Counci nor the City of South Bend, Indiana, or its officers or agents, shall incur any liability whatsoever if for any other reason the proposed issuance of such bonds is not consummated. 5. Michiana may proceed with the acquisition and construction of the economic development facilities in reliance upon this resolution. 6. This resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend 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 that this was an application for a $3,000,000 bond issue, channel WNDU. He indicated this was for the construction of an entirely new facility. 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. f 1 L REGULAR MEETING DECEMBER 8, 1980 REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 843 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUB- MIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF ENERGY, AN APPLICATION FOR A LOAN UNDER THE "LOAN PROGRAM FOR SMALL HYDROELECTRIC FEASIBILITY STUDIES ". WHEREAS, the City of South Bend, acting through the Office of the Mayor and Common Council, has aggressively and successfully sought out Federal assistance to support local efforts and to supplement local resources; and, WHEREAS, the Mayor is the chief executive officer of the City, and is the applicant for a loan called "The Loan Program for Small Hydroelectric Feasibility Studies" under the auspices of the Department of Energy. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the Clty of South Bend, Indiana: SECTION I. Hereby establish the authority of the Mayor of the City of South Bend to submit an application for funds in the amount of forty -five thousand dollars ($45,000) to the United States Department of Energey under the "The Loan Program for Small Hydro- electric Feasibility Studies ". SECTION II. Hereby designates the Division of Community Development as the Administra- tive agent for the program. The Division of Community Development shall submit to the l Common Council a line item budget in ordinance form prior to any expenditures of any grant j money received upon approval of this application. �! SECTION III. 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 Marzy Bauer, Director of Community Development indicated she would address the next re5olu -1 tion as well. RESOLUTION NO. 844 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE STATE OF INDIANA, DEPARTMENT OF COMMERCE, AN APPLICATION FOR A GRANT UNDER THE INDIANA ENERGY DEVELOPMENT BOND PROGRAM FOR "SMALL HYDROELECTRIC FACILITY FASIBILITY STUDY." WHEREAS, the City of South Bend, acting through the office of the Mayor and Common Council, has agressively and successfully sought out assistance to support local efforts and to supplement local resources; and, WHEREAS, the Mayor is the chief executive officer of the City, and is the applicant for a grant called "Small Hydroelectric Facility Feasibility Study" under the auspices of the Indiana Department of Commerce, Energy Development Board. NOW,_..THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend, Indiana: SECTION I. Hereby establish the authority of the Mayor of theCity of South Bend to submit an application for funds in the amount of five thousand dollars ($5,000) to the Indiana Department of Commerce under the Indiana Energy Development Board Program for a "Small Hydroelectric Facility Feasibility Study." SECTION II. Hereby designates the Division of Community Development as the administraii tive agent for the program. The Division of Community Development shall submit to the ii Common Council a line item budget in ordinance form prior to any expenditures of any grant Il money received upon approval of this application. l SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Ls /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Marzy Bauer, Director of Com- munity Development, indicated they were trying to undertake a fasibility study for the development of a samll hydroelectric facility on the dam in the St. Joseph River. She indicated they had explored various sources of funding an have come up with two possible sources; one a Federal grant which funds up to 900 of the cost of such feasibility study, for the remaining loo the City was applying to the State. Council Member Serge made a motion to adopt Resolution No. 843 -80, seconded by Council Member Szymkowiak. The resolu- tion was adopted by a roll call vote of nine ayes. Council Member Dombrowski made a motion to adopt Resolution No. 844 -80, seconded by Council Member Crone. The resolution was adopted by a roll call vote of nine ayes. REGULAR MEETING DECEMBER 8, 1980 REGULAR MEETING RECONVENED (_CONTINUED RESOLUTION NO. 845 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE BOARD OF PUBLTC WORKS TO NEGOTIATE THE SALE OF A CITY -OWNED LOT LOCATED AT 1817 BENTON COURT WHEREAS, the Board of Public Works of the City of South Bend pursuant to the Munici- pal Code of the City of South. Bend, Chapter 14.5, has offered for sale the following descri property: i Numbered 7, Dubail and Keltner Addition to the City of Soluth Bend. at an offering price of $487,50; and WHEREAS, the Board of Public Works of the City of South Bend has now received an offer to purchase the property at 1817 Benton Court for a price of $100,00; 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 specifically 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: SECTfiON 1, The Board of Public Works be authorized to negotiate a contract for the sale of Lot Numbered 7, Dubail and Keltner Addition to the City of South Bend, more commonly known as 1817 Benton Court, for a total price of One Hundred Dollars ($100.00). SECTION 2. 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. Patrick McMaon, President of the Board of PUblic Works, indicated that the adjacent property owner wished to purchase this property. He indicated the lot was originally appraised at just under $500, The adjacent property owner has offered $100, and the Board of Public Works is recommending this bid be accepted. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Kopczynski. The resolution was adopted by a roll call vote of nine ayes, RESOLUTION NO. 846 -80 A RESOLUTION BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE LEVY FOR THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR THE YEAR 1981, WHEREAS, the Common Counc�l sets the levy, and rates, of all tam supported funds,-by law, and WHEREAS, the tax :rate and levy will fluctuate as determined by the final assessed value, and WHEREAS, the intent of the Council was to raise a specific levy as, opposed to setting a rate. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, that SECTION I. For the Budget Year 1981, the Cumulative Sewer levy will be $685.720,00 and the rate will be a factor of the final assessed value for the City of South Bend, SECTION II. This resolution shall be in full force and effect from and after its passage 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. Joseph Kernan, City Controller indicated this resolution would reaffirm the Council's intention, when the budget was orginally set, to establish a levy amount for the Cumulative Sewer Fund. Council Member Kopczynski made a motion to adopt this resolution, seoonded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 141 -80 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, INDENTURE OF TRUST, PROMISORY NOTE, MORTGAGE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 23 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COM- MISSION RELATING TO CLAEYS REALTY, AN INDIANA PARTNERSHIP, PROJECT.. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading January 12, 1981, seconded by Council Member Crone. The motion carried. ed L, i J LJ 7 REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED DECEMBER 8, 1980 ORDINANCE NO. 6874 -80 AN ORDINANCE APPROVING THE FORM AND TERMS OF TRUST INDENTURE AND USER AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZ- ING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 27 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE NILES AVENUE PARTNERSHIP PROJECT. This bill had first reading. Council Member Taylor made a motion to suspend the rules and have public hearing and secondreading onthis bill, seconded by Council Member Beck, The motion carried on a roll call vote of nine ayes, This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. John Gorley, attorney representing the petitioner, made the presentation for the bill. He indicated this basically was the same ordinance that the Council passed on November 10, for $1,000,000, but due to some terms of the repayment schedule it was felt it would be best to bring the ordinance back before the Council for approval. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor, The bill passed by a roll call vote of nine ayes, BILL NO. 143 -50 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, INDENTURE OF TRUST, AND ECONOMIC DEVELOPMENT REVENUE BONDS. AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOP- MENT COMMISSION RELATING TO THE CIRA'S TIMBERLINE, INC. PROJECT, This bill had first reading, Council Member Taylor made a motion to set this bill for public hearing and second reading January 12, 1981, seconded by Council Member Crone, The motion carried, BILL NO, 144 -.80 A BILL APPROPRIATING $200,000,00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND.FOR THE ESTABLISHMENT OF LOW-INTEREST LOAN FUND FOR COMMERCIAL AND RESIDENTIAL REHABILITATION TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading, Council MemberTaylor made a motion to set this bill for public hearing and second reading January 12, 1981, seconded by Council Member Dombrowski. The motion carried, BILL N0, 145 -80 A BILL APPROPRIATING $18,500 FROM THE COMMUNITY DEVELOP - MENT BLOCK GRANT FUND FOR THE SUPPORT OF A NEIGHBORHOOD CLEANUP CREW TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE NEIGHBORHOOD CODE ENFORCEMENT OFFICE, This bill had first :reading, Council Member Serge made a motion to set this bill for Public hearing and second reading January 12, 1981, seconded by Council Member Dombrowski, the motion carried. BILL NO, 146 7�80 A BILL AMENDING CHAPTER 9, ARTICLE 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND THE REQUIRE- MENTS FOR SMOKE DETECTORS, This bill had first reading, Council Member Taylor made a motion to set this bill for Public hearing and second reading January 12, 1981, and refer it to the Public Safety Committee, seconded by Council Member Dombrowski. The motion carried. BILL N0, 147-80 This bill had first hearing and second carried. A BILL AMENDING ORDINANCE NO,.6657 -79, TO MODIFY THE NON- REVERTING INSURANCE PREMIUM AND LIABILITY RESERVE FUND. reading. Council Member Serge made a motion to set this bill for publi! :reading January 12, 1981, seconded by Council Member Taylor, The motion ORDINANCE NO, 6872 -80 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUDGET OF THE ECONOMIC DEVELOPMENT COMMISSION WITHIN THE ECONOMIC DEVELOPMENT COMMISSION FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Dombrowski. the motion carried on a roll call vote of nine ayes. This being the time heretofore set for public hearing, proponents and opponents were given an opportunity to be heard. Joseph Kernan, City Controller, made the presentation for the bill, He indicated this transfer was for $180,50. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6873 -80 AN ORDINANCE TRANSFERRING $1,419.00 FROM ACCOUNT 241.0 PRINT OFFICE SUPPLIES, OTHER, TO VARIOUS ACCOUNTS WITHIN THE PARKING GARAGE BUDGET WITHIN THE PARKING GARAGE FUND. This bill had first reading. Council Member Kopczynski made a motion to suspend the rules and have public hearing and second reading, seconded by Council Member Dombrowski. The motion carried on a roll call vote of nine ayes. Mr.. Joseph Kernan, City Controller, he indicated this was.also a transfer request within line items. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. REGULAR MEETING DECEMBER 8, 1980 REGULAR MEETING RECONVENED (CONTINUED PRIVILEGE OF THE FLOOR Joseph Kernan, City Controller, expressed the appreciation of the Administration to all of the members of the Council and the City Clerk for the fine working relations we have with the Council. UNFINISHED BUSINESS Council Member Crone asked Richard Hill, City Attorney, if they had received the $20 tickets to enforce the handicapped parking ordinance. Mr. Hill indicated they had not received them yet. Council Member Serge invited every one to the general meeting at Marquette School, Sunday from 2 -4 p.m., regarding the closing of the school. X. Council Member Beck stated her opposition to the school intergration plan. Council Member Crone asked if John Leszczynski had the figures on the street sweeping contract. John Leszczynski indicated he had not had a chance to look at the figures yet. There being no further business to come before the Council, unfinished or new, Council Member Dombrowski made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 8:45 p.m. ATTEST: APP VED: *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **