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HomeMy WebLinkAbout03-23-81 Council Meeting Minutes� L%, REGULAR MEETING MARCH 23, 1981 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on MondayMarch 23, 1981, 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 res- pectfully report that it has inspected the minutes of the March 9, 1981, 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 Serge made a motion that the minutes of the March 9, 1981, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. SPECIAL BUSINESS Council Member Beck made a motion to suspend the rules and have public hearing and second reading on Bill No. 30 -81, seconded by Council Member Taylor. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 6899 -81 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS (MICHIANA TELECASTING CORP. PROJECT,) AND APPROVING OTHER ACTIONS THERETO. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He in- dicated this bill should be amended, by substituting a new page three to the original bill. Council Member Dombrowski made a motion to accept the new page three, seconded by Council Member Taylor. The motion carried. He indicated this three million dol- lar issue would be used to construct and equip a building for WNDU at the northeast corner of Dorr Road and U.S. 31. Council Member Serge 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. REPORTS Council Member Voorde indicated that the Human Resources and Economic Development Committee had met regarding tax abatement. He indicated that a bill had been pre- pared and later in the meeting the Council would suspend rules in order to give the bill first reading and set it for public hearing. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Taylor. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Com- mittee of the Whole on Monday, March 23, 1981, at 7:08 p.m., with nine members pre- sent. Chairman Voorde presiding. BILL NO. 19 -81 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, MORT- GAGE INDENTURE OF TRUST, SECURITY AGREEMENT AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 28 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION, RELATING TO THE UNIVERSAL COMPANIES, INC., PROJECT. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission made the presentation for the bill. He indicated this $300,000 issue would be used to finance the purchase of equipment and the con- struction of a manufacturing building to be located in Granger, Indiana. He indi- cated that approximately 15 new jobs will be created. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. 11113 REGULAR MEETING MARCH 23, 1981 BILL NO. 15 -81 A BILL 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. (935 S. IRONWOOD.) Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Oxian, Vice President of the Historic Preservation Commission, made the presentation for the bill. He indicated this home was built in 1895, and this was the first house to be designated a landmark in River Park. He indicated that the owners of the home had requested this des- ignation. Joyce Sherk, 935 S. Ironwood, gave a brief history of the house. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 20 -81 A BILL APPROPRIATING $5,267.00 FROM THE DISCOVERY HALL FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR RENTAL OF STORAGE SPACE FOR THE STUDEBAKER COLLECTION TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE. Now is the time-- heretofore set for .public hearing on the above bill, proponents and opponents were given an opportunity - -to be heard..:,Kathy.Bernard, Director of Neighborhood Code Enforcement, made the presentation for the bill. She indicated that the Status of Women voted to recommend to the South Bend Human Rights Commission that the Wo- men's Commission become a committee of the Human Rights Commission. She said that in January of this year the Human Rights Commission voted to accept the Women's Commission as a standing committee. She indicated this bill would delete the Commission from the Municipal Code. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Kopczynski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Serge made a motion to rise and report to the Council, seconded by Council Member Dombrowski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: Chai man 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 7:24 p.m. Coun- cil President McGann presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6900 -81 AN ORDINANCE APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, MORTGAGE INDENTURE OF TRUST, SECURITY AGREEMENT AND INDUS - TRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EX- ECUTION THEREOF AND APPROVING RESOLUTION NO. 28 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION, RELATING TO THE UNIVERSAL; COMPANIES, INC. PROJECT. This bill had first reading. Council Member Szymkowiak 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. 6901 -81 AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LAND- MARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (935 S. Ironwood.) This bill had second reading. Council Member Beck 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. 6902 -81 AN ORDINANCE APPROPRIATING $5,267.00 FROM THE DISCOVERY HALL FUND OF THE CITY OF SOUTHBEND, INDIANA, FOR RENTAL OF STOR- AGE SPACE FOR THE STUDEBAKER COLLECTION TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Szymkowiak 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. 6903 -81 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DELETING CURRENT SECTION 2 -57 OF THE SOUTH BEND MUNICIPAL CODE'ENTITLED COMMISSION ON STATUS OF WOMEN. This bill had second reading. 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. 4 ; #a' REGULAR MEETING MARCH 23, 1981 RESOLUTIONS RESOLUTION NO. 872 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA DEPART- MENT OF SOCIAL SERVICES AN APPLICATION FOR FUNDS UNDER TITLE XX OF THE SOCIAL SECURITY ACT OF 1936, AS AMENDED. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, and is the applicant for the Title XX Application under Title XX of the Social Security Act of 1936, as amended. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That it hereby establishes the authority of the Mayor of the City of South Bend to submit an application for Title XX funds in the amount of $23,757.63 to the Indiana Department of Public Welfare under Title XX of the Social Security Act of 1936, as amended for funding of the Runaway Shelter and Youth Leadership Program. SECTION II. That the Executive Director of the Youth Service Bureau shall be designated the Administrative Agent for this grant. That for every category estab- lished under this Resolution, the Mayor shall submit to the Common Council a line item budget in ordinance form, prior to the expenditures of any grant money received upon approval of this application. SECTION III. 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 the resolution at this time. Bonnie Strycker, Director of the Youth Service Bureau, indicated that they have been applying for Title XX funds since 1977. She indicated this funding will provide recreation, camp, shelter and counseling to youth eligible on the basis of receiving public assistance, or who meet income eligibility requirements. 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. RESOLUTION NO. 873 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF A LICENSE RENEWAL FOR SCRAP AND JUNK DEALER (STEVE AND GENE'S AUTO TRUCK SALVAGE, 3109 SOUTH GERTRUDE STREET.) WHEREAS, the Common Council of the City of South Bend recognizes the contrib- utions 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 minimilze any environmental or aesthetic nuisances which may be 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 operations of the scrap and junk dealers; and WHEREAS, in accordance with these rules and regulations, inspections of the scrap and junk yards are required to be completed by the Neighborhood Code Enforcment Office and the Fire Prevention Bureau; and it has been determined that no code viol- ations exist on the property of Steve and Gene's Auto Truck Salvage, 3109 South Ger- trude Street; and WHEREAS, the Board of Public Works, at its meeting held on March 9, 1981, ap- proved the renewal of license for Steve and Gene's Auto Truck Salvage, 3109 Gertrude Street, subject to the approval of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the license renewal application for Steve and Gene's Auto Truck Salvage, 3109 South Gertrude Street, be approved based upon the favorable review of the property by the Neighborhood Code Enforcement Office and the Fire Prevention Bur- eau in accordance with the inspection reports attached hereto and made a part hereof. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Kathy Bernard, Director of the Neighborhood Code Enforcmeent Office, indicated that her department, as well as the Fire Prevention Bureau had made further inspections and found Steve and Gene's to be in compliance. Council Member Dombrowski indicated he had inspected this salvage yard, and agreed that the license should be issued. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Kopczynski. The res- olution was adopted by a roll call vote of nine ayes. IVA REGULAR MEETING MARCH 23, 1981 RESOLUTION NO. 874 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING THAT A PURPORTED REMONSTRANCE FILED IN OPPOSITION TO THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS OF THE CITY OF SOUTH BEND IS LEGALLY INSUF- FICIENT. WHEREAS, an ordinance of the City of South Bend, Indiana, authorizing the is- suance and sale of bonds of said city in order to provide funds for various purposes was passed by the Common Council of the City of South Bend on January 12, 1981, said ordinance being Ordinance No. 6881 -81, WHEREAS, the City Clerk, as directed by said ordinance, caused Notice of Peti- tion for and Determination to Issue Bonds to be posted in three (3) public places on January 16, 1981 and published in two (2) newspapers on January 16, 1981 and January 23, 1981, WHEREAS, said bond ordinance provides that in the event a remonstrance is filed, no further steps toward the issuance of said bonds shall be taken until the Common Council shall take action to determine that the remonstrance is insufficient, WHEREAS, the law firm of Ice Miller Donadio and Ryan has been retained by the City of South Bend as bond counsel and has reviewed all proceedings and documents filed involving the issuance and sale of general obligation bonds by the City of South Bend. WHEREAS, a verified remonstrance against the issuance and sale of general oblig- ation bonds as approved in said bond ordinance was filed with the Clerk on February 16, 1981, WHEREAS, the City Clerk delivered to the County Auditor on February 17, 1981, said verified remonstrance for purposes of certification by the Auditor, WHEREAS, an Auditor's Certificate certifying the number of remonstrators that are real property owners as required by Indiana law was filed with the Clerk by the County Auditor on February 24, 1981, WHEREAS, the firm of Ice Miller Donadio and Ryan has determined in a written opinion that said remonstrance should be included an Auditor's Certificate at the time of its filing with the Clerk on February 16, 1981, which date was the last date for the filing of a remonstrance under Indiana law. WHEREAS, said law firm has determined that the remonstrance filed in objection to the issuance and sale of general obligation bonds is legally insufficient to cons- titute a remonstrance under Indiana Law, WHEREAS, said law firm has determined that the Common Council may continue pro- ceedings for the issuance and sale of bonds as approved in said bond ordinance, that: NOW THEREFORE, BE IT RESOLVED by the Common Council of the City ofSouth Bend SECTION 1. The remonstrance filed in opposition to the issuance and sale of general obligation bonds by the City of South Bend is legally insufficient. SECTION 2. The City Controller, as authorized by said bond ordinance, is dir- ected to proceed with the issuance and sale of said bonds. SECTION 3. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. MEMBERS OF THE COMMON COUNCIL /s/ Walter M. Szymkowiak /s/ Lewis A. McGann /s/ Walter T. Kopczynski /s/ Robert G. Taylor /s/ Joseph T. Serge /s/ Beverlie J.Beck City Clerk, Irene Gammon, presented the remonstrance petitions to the Common Council. A public hearing was held on the resolution at this time. Mayor Roger O. Parent indicated the City's presentation would be made in three parts. Richard Hill, City Attorney, indicated that the letter Mrs. Gammon presented to the Council indicates that remonstrance petitions were filed in her office on February 16, 1981, and a completed Auditor's Certificate indicating those remonstrance petitioners were owners of real property was filed in her office on February 24th. He indicated that those documents, as well as other documents, were submitted to bond counsel, who determined that the remonstrance was flawed. He indicated they determined that rather than a complete remonstrance being filed within thirty days, as required by law, the remon- strance was not filed until thirty -eight days. He indicated that this resolution is essential if the City is to continue with the bond issuance process. He indicated that his office was forced to take an adversarial position in this matter regarding questions from the remonstrators. �Wol REGULAR MEETING _ �a —�— _ MARCH 23, 1981 He indicated that on a number of occasions when questions were addressed to his of- fice from the remonstrators, they advised the petitioners to consult their own at- torney. Joseph Kernan, City Controller, indicated that in 1973 the City of South Bend came under the Indiana Property Control Program, as did all other municipalities in the State. He indicated at that time the funds were supplemented with Federal pro- grams, such as CETA, Community Development money, etc. He indicated that even with these supplements, the City has lost eight percent of its work force, City employees have been held to an average of four percent raises since that time, and the City has not been able to pursue an adequate nor orderly Capital Improvement Program. He indicated that the news from Washington and Indianapolis indicates the situation is going to get worse, as many Federal funds will not be available in the future. He gave the reductions that would be necessary if the bond issue is not approved. He indicated if the bond issue is passed, it would provide, with the reductions in the other City bond issues, a new increase in the property tax rate of twenty - eight cent- s. He indicated the way the City has been trying to save money. He indicated that the cuts that have been made are significant, but they have not had a substantial impact on the budget because of the serious problems that the City faces. He in- dicated that the City has the responsibility to provide safe and reliable equipment to our police, fire and street departments, and to protect the substantial invest- ments in streets, building and other structures. He indicated this was the most res- ponsible course of action from a fiscal point of view available the City today. May- or Parent indicated these were not easy financial times, the cost of living has gone up for everybody. He indicated it was very difficult for him to come before the community and the City Council constantly asking for increases for services. He indicated that the City budget has large amounts of money for energy, which has in- creased, adversely effecting the budget. He indicated that the General Obligation Bond was the only way the City had to catch up with fire trucks, police cars, build- ing maintenance and streets. He indicated that the City had made several savings, but had not been able to keep up with inflation. He indicated that the City had not bought a fire truck with local tax money in eight years. He indicated the City bou- ght four in the early seventies, with Federal funds and that has not kept up with the need. He indicated that the roof at the MSF building was leaking and it is going to take $300,000 to fix it, and if it is not fixed in a timely way it will cost a lot more later. He indicated it was irresponsible to make people believe these things can wait. He indicated that some people felt the City did not need a salt storage facility. He indicated the City was presently paying close to $30,000 a year to lease a place to put our salt. He indicated we would build a facility and pay it off in about five years and then the facility will be ours and will not cost as much. He indicated this would save the tax payers money.. He indicated that Mayor and the Council will be blamed for the City not being able to provide services. The fol- lowing people spoke in favor of this resolution: Stanley Przybylinski, 630 N. Johns- on; Larry DeLaurelle, 553 Edgewater; Lester Fox, 443 S. Illinois; Jeff Cummings, 1201 Oakland; Floyd Carter, 1619 Fassnacht; Harlan Noel, 3005 Bonds; Peggy Ruchti, 3023 Hilltop; Alex Niezgodski, 1336 Elliott; Melvin Reed, 1147 E. Bronson; Jeff Gib- ney, 726 W. Washington; Lucy McCullough, 1038 Niles; Wendell Walsh, 828 E. Sorin; Gene Wedel, 1001 Mayflower; Larry Clifford, 330 S. Twyckenham; Theresa Tyler, 1414 E. Wayne. Council Member Szymkowiak made a motion to recess, seconded by Council Member Taylor. The motion carried and the meeting was recessed at 8:35 p.m., and reconvened at 8:50 p.m. Irene Mutzl, 320 Parkovash, indicated that she entered this fight when she heard the Controller on a television program, and he would not reveal the due date of the remonstrance petitions. She indicated that if this bond issue had been a more reasonable amount, or like it had started, 1.9 instead of 5.9, there would not be a remonstrance. She indicated that information the remonstrators received was legally insufficient. She indicated that on February 8, she checked with the Aud- itor's office for the date the remonstrance petition was due. She indicated the Auditor's office telephoned the City Clerk's office and was told the due date was February 23. She indicated that an hour or so later she called the Auditor's office to check the date, and the Auditor's office phoned the City Clerk's office and was again told the date was February 23. She indicated she called many of the active participants and told them they had till February 23. She indicated she was not satisfied, and she attended the Council meeting on February 9th, and asked for the correct date. She could not get the date, and asked the Council if they would help her get the date. She indicated that Council Member Dombrowski asked the Council Attorney to interpret the law and ascertain the date. She indicated that on February 11, she received a call from the Auditor's office advising that a mistake had been made, the correct date should be February 16. She indicated she confirmed this with Council Member Dombrowski. She indicated that about 4 p.m., on February 16, the remonstrance petitions were turned in to the City Clerk's office. She indicated that the Auditor verified 3,108 signatures, out of 3,546, compared to the City's verified 2,118 signatures. She indicated they thought they had won. She indicated that on March 18, the City Attorney and City Controller announced the remonstance petitions were legally insufficient, because the signatures were not verified before the thirty day time frame. Dominic DeCosta, 754 N. Cottage Grove, indicated he felt that the City Attorney should have given the correct date the remonstrance petitions should be filed. He indicated they were nothing wrong in telling the facts. He indicated the remonstrators did not mind honest competition, but he felt the City used his tax dollars to fight him. He indicated that fire and police equipment only represents 1/5 of the total amount. He indicated he was not against that, but he was against it going from 1.9 to 5.9. He indicated he felt the Council should look at this bond issue very closely and if there are so many for it and so many opposed, there should be a general mandate vote. The following people spoke in opposition to the res- olution: Jane Swan, 1706 S. Walnut; Mike Waite, 1236 Vassar; Don Grimmius, 1119 Allen; Cindy Browsk, 1320 E. Randolph; Ernest Buck, 4004 S. Michgian; Rozelle New - bill, Jr., ill S. Cherry; Bill Bradley, 629 W. LaSalle; Toby Huff, 1117 Canterbury; John Lindstaedt, President of the Fair Tax Association; Fred Mutzl, 320 Parkovash; Wayne Werts, 1889 Riverside Dr.; Roy Brown, 1320 Randolph; Fred Rice, 1717 S. Ken- tucky; Arlen Huff, 1232 Canterbury. I REGULAR MEETING MARCH 23, 1981 Irene Gammon, City Clerk, indicated that when her office was asked when this bond ordinance became effective they checked the advertising date, and gave the second date. She indicated that normally the effective date of any ordinance that requires legal publication is on the second date. She indicated since this was not the case on this ordinance, she asked Mr. Hill the City Attorney, to explain to the audience part 1 and part 2 of the legal publication as it effects the due date. Richard Hill, City Attorney, indicated that the notice published in the paper was a dual notice, the first part was required by Indiana Law to determine the remonstrance period, and the second paragraph was under a statuatory section which provided that tax payers can file an appeal with the County Auditor. Council Member Crone indicated she had a few questions she would like to ask to clarify this matter for the public. She asked the Mayor when the adminstration first discussed the possiblity of the remonstrance petitions being thrown out because they were not certified when they were filed with the City Clerk. Mayor Parent indicated they never anticipated that mistake would be made. He indicated they never anticipated any mistakes. She asked what other steps have to be taken to approve the bond if this resolution is passed tonight. Richard Hill, City Attorney, indicated that on the Agenda for first reading was an appropri- ation ordinance, which by its nature is not a bond ordinance but is statutorily re- quired for any additional appropriation. He indicated that would mean that it is under the tax control statute and would have to have two publications between first and second reading. He indicated this was needed since none of the expenditures in the bond issue are in the current budget. She asked if the petitions had to be re- viewed by State Board of Tax Commissioners. Mr. Hill indicated that State Board does not have jurisdiction regarding the petitions. Council Member Crone asked the City Clerk when she received the remonstrance petitions. Mrs. Gammon indicated that she received them on February 16, around 4:00 p.m. Council Member Crone asked Mrs. Gammon if she informed the remonstrators they had to be certified at that time. Mrs. Gammon indicated that the remonstrators knew that when they were filed in Clerk's office they had to go to the Auditor's office to be certified. Council Member Crone asked Mrs. Gammon when she delivered the petitions to the Auditor. Mrs. Gammon indicated they were delivered the next morning. Council Member Crone asked if the petitions in favor of the bond issue had been certified before they were filed with her. Mrs. Gammon indicated they were. Council Member Crone asked if Mrs. Gammon had discussed the possible defect with the Administration, prior to the deadline passing. Mrs. Gammon indicated she had not. Council Members Crone, Dombrowski, Voorde and McGann spoke against this resolution. Council Members Serge, Kopczynski, Taylor, Beck, Szymkowiak spoke in favor of this resolution. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Beck. The resolution passed by a roll call vote of five ayes and four nays (Council Members Crone, Dombrowski, Voorde and McGann.) Council Member Dombrowski made a motion to recess, seconded by Council Member Taylor. The motion carried and the meeting was recessed at 10:52 p.m., and reconvened at 11:05 p.m. BILLS, FIRST READING BILL NO. 22 -81 A BILL APPROPRIATING $40,000.00 FROM THE ZOO ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILDLIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading April 13, 1981, seconded by Council Member Dombrowski. The motion carried. BILL NO. 23 -81 A BILL APPROPRIATING $20,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE NEIGHBORHOOD CODE EN- FORCEMENT OFFICE. Council Member Taylor made a motion to set this bill for public hearing and second reading April 13, 1981, seconded by Council Member Dombrowski. The motion carried. BILL NO. 24 -81 ABILL TO AMEND SOUTH BEND MUNICIPAL CODE SECTION 20 -26, TO CLARIFY THE PROVISIONS RELATING TO THE PURPOSES AND AUTHOR- ITY OF THE MAYOR'S CITIZENS TRAFFIC COMMISSION. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading April 13, 1981, seconded by Council Member Crone. The motion carried. BILL NO. 25 -81 A BILL APPROPRIATING $500,000.00 FROM THE 1979 COMMUNITY DEVELOPMENT BLOCK GRANT FOR ACQUISITION, RELOCATION AND CLEARANCE ACTIVITIES IN THE EAST BANK AND MONROE- SAMPLE DEVELOPMENT AREAS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF REDEVELOPMENT. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading April 13, 1981, seconded by Council Member Dom- browski. The motion carried. BILL NO. 26 -81 REGULAR MEETING MARCH 23, 1981 A BILL APPROPRIATING $1,600,000.00 FROM THE SECTION 108 LOAN GUARANTEE PROGRAM OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, FOR ACQUISITION, RELOCATION AND CLEARANCE ACTIVITIES IN THE EAST BANK AND MONROE - SAMPLE DEVELOPMENT AREAS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF REDEVELOPMENT. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading April 13, 1981, seconded by Council Member Dom- browski. The motion carried. BILL NO. 27 -81 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) (EAST BANK DEVELOPMENT AREA.) 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. 28 -81 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, OF THE MUNI- CIPAL CODE OF SOUTH BEND, INDIANA, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING PROVISIONS RELATIVE TO A MIXED USE MULTI - FAMILY RESI- DENTIAL AND COMMERCIAL ZONING DISTRICT. 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. 29 -81 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE MUNI- CIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING PROVISIONS RELATIVE TO REDEVELOPMENT PROJECT AREAS AND AMENDING PERTINENT SECTIONS. 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. 31 -81 A BILL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF FIVE MILLION NINE HUNDRED FIFTEEN THOUSAND DOLLARS ($5,915,000.00) TO BE APPLIED ON THE COST OF VARIOUS PUR- CHASES, CONSTRUCTION, REMODELING AND PUBLIC IMPROVEMENTS BY THE CITY TOGETHER WITH THE INCIDENTAL EXPENSES IN CONNECTION THEREWITH. This bill had first reading. Council Member Kopczynski made a motion to set this bill for public hearing and second reading April 13, 1981, seconded by Council Member Dombrowski. The motion carried. NEW BUSINESS Council Member Dombrowski made a motion to suspend rules and have first reading on Bill No. 32 -81, seconded by Council Member Crone. The motion carried on a roll call vote of nine ayes. BILL NO. 32 -81 A BILL AMENDING CHAPTER 2, ARTICLE 6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED TAX ABATEMENT PROCE- DURES. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading April 13, 1981, and refer it to the Human Re- sources and Economic Development Committee, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Council, unfinished or new, Coun- cil Member Dombrowski made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 11:10 p.m. ATTEST: 4i�t_ y Clerk