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HomeMy WebLinkAbout12-14-81 Council Meeting MinutesREGULAR MEETING DECEMBER 14. 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 Monday, December 14, 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, Zielinski, 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 November 23, 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 November 23, 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 reappoint Reedie Cogdell, Peter Downs, Nicholas Krill, Charles Rhodes, and Clyde Williams to the Older Adults Council, seconded by Council Member Dombrowski. The motion carried. Council Member Dombrowski made a motion to reappoint Myron Busby, and appoint Brian Crumlish and Thomas Theis to the Energy Commission, seconded by Council Member Serge. The motion carried. Council Member Dombrowski made a motion to have a Special Meeting December 28, to have public hearing on Bills 130 -81 and 131 -81, and appoint the Council's representatives to the Redevelopment Commission and Older Adults Council, seconded by Council Member Serge. The motion carried. REGULAR MEETING DECEMBER 14, 1981 Election of Officers Council Member Voorde made a motion to elect Council Member McGann president, seconded by Council Member Zielinski. Council Member Serge made a motion to close nominations, seconded by Council Member Dombrowski. Council Member McGann was unanimously elected. Council Member Dombrowski made a motion to elect Council Member Crone vice president, seconded by Council Member Serge. Council Member Serge made a motion to close nominations, seconded by Council Member Dombrowski. The motion to elect was unanimous. Council Member Szymkowiak made a motion to elect Council Member Voorde as chairman of the Committee of the Whole, seconded by Council Member Serge. Council Member Dombrowski made a motion to close nominations, seconded by Council Member Zielinski. Council Member Voorde was unanimously elected. Council Member Dombrowski made a motion to reappoint Kathleen Cekanski- Farrand as Council attorney, seconded by Council Member Serge. The motion carried. REPORTS Council Member Crone indicated that the Personnel & Finance Committee had met regarding Bill nos. 132 -81 and 134 -81. She indicated both bills would be amended by substitution and the Committee recommended them favorable. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Beck. The motion carried. COMMITTEE OF THE WHOLE Be it remembered of the Whole on Chairman Voorde BILL NO. 93 -81 that the Common Council of the City of South Bend met in the Committee Monday, December 14, 1981, at 7:10 p.m., with nine members present. presiding. A BILL APPROVING THE FORM AND TERMS OF TRUST INDENTURE USER AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 7 -81 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE AUTOMATIC MOLDED PLASTICS, 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 said a substitute bill has been filed with the City Clerk. Council Member McGann made a motion to accept the substitute bill, seconded by Council Member Dombrowski. The motion carried. He indicated this bond issue would be used to finance the construction of an addition to Automatic Molded Plastics' existing facility, as well as purchase machinery and equipment. He indicated nine new jobs would be created. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 87 -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) (1501 ELWOOD.) Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. David Behr, staff member of Area Plan, indicated this rezoning had received an unfavorable recommendation from the Area Plan Commission. He indicated they would support a "B" zoning for this property. Council Member Serge made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 103 -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) (MONROE /SAMPLE.) Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. David Behr, staff member of Area Plan, indicated this rezoning was coming to the Council with no recommendation from the Commission. Patrick McMahon, Director of Redevelopment, gave the Council a status report on the Monroe - Sample Development Area. Glendra Hernandez, 702 E. South, spoke in favor of this rezoning and the "B" Residential zoning for Lincoln Way East. Don McManus, Director of a site office for Southhold Foundation, indicated the staff of Southhold supported this rezoning. Paul Crawley, 549 River Ave., representing Edgewater Place Neighborhood Association, spoke against the rezoning of Lincoln Way East to "B" Residential. He indicated that zoning should be "C -1" Commercial. Russell Fisher, attorney, representing Leonard's Service Station, spoke against zoning this station to "B" residential. He indicated his client planned to expand the operation, and this zoning could cause problems in the future. Eva Pierce, 19050 Edinburgh, spoke against changing the zoning on Lincoln Way East to "B" Residential. Ernest Suddarth, 2729 Rockne, indicated he owned "C" Commercial property on Lincoln Way East, that is now vacant. He indicated he was against this rezoning, since he might lose his investment Council Member McGann made a motion to recess, seconded by Council Member Taylor. The motion carried and the meeting was recessed at 7:55 p.m., and reconvened at 8:05 p.m. Council Member McGann made a motion to except 602 and 702 Lincoln Way East, from the "B" Residential zoning, and leave them at their current zoning as "C" Commercial, seconded by Council Member Dombrowski. The motion carried on a roll call vote of six ayes and three nays (Council Members Beck, Crone and Voorde.) REGULAR MEETING DECEMBER 14, 1981 BILL NO. 129 -81 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 6, BUILDING, AND CHAPTER 8, ELECTRICITY, OF THE MUNICIPAL CODE, DEALING WITH LICENSES FEES AND PERMITS. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Crone made the presentation for the bill. She indicated the Finance Committee has had several meetings on this bill, to review the proposed fee schedules and licenses schedules. She indicated this bill would amend various fees charged by the City in the public works area. She indicated that the new fee schedule would be in effect January 1, 1982. Bernard White, 813 S. Wellington, spoke against bill, due to the increase in plumbing fees. Council Member Crone made a motion to accept a substitute bill on file with the City Clerk, seconded by Council Member Dombrowski. The motion carried. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. Council Member McGann made a motion to reconsider Bill No. 103 -81, seconded by Council Member Taylor. The motion carried. Council Member McGann made a motion that 602 and 702 Lincoln Way East be exempted from the "B" Residential zoning and remain at "C" Commercial zoning, seconded by Council Member Taylor. Council Member McGann made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 130 -81 Council Member this bill until carried. BILL NO. 131 -81 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 1, SECTION 1 -4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND COMMONLY REFERRED TO AS COUNCILMANIC DISTRICTS. McGann made a motion to continue public hearing and second reading on December 28, 1981, seconded by Council Member Dombrowski. The motion A BILL ADOPTING I.C. 36 -10 -4 AS THE APPLICABLE STATUTORY BASIS FOR THE OPERATION OF THE SOUTH BEND PARK DEPARTMENT. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Richard Hill, City Attorney, indicated this bill would incorporate the provisions the Park Department has been operating under since approximately 1929. He indicated tht since they were in the process of issuing Park Department bonds it was technically important to assure there was no gap in the provisions under which the City is operating. Council Member McGann made a motion to continue public hearing on this bill until December 28, 1981, seconded by Council Member Dombrowski. The motion carried. BILL NO. 132 -81 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, LIABILITY INSURANCE PREMIUM AND RESERVE FUND, WATER WORKS GENERAL FUND, SEWAGE WORKS OPERATIONS AND MAINTENANCE FUND, SEWAGE WORKS DEPRECIATION FUND, ECONOMIC DEVELOPMENT REVENUE BONDS AND CENTURY CENTER OPERATION FUND. Now is 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 that a substitute bill had been filed with the City Clerk. Council Member McGann made a motion to accept the substitute bill, seconded by Council Member Dombrowski. The motion carried. Mr. Kernan indicated this was the yearly transfer between various accounts, in order to keep all of the affected funds within their originally budgeted amounts. Council Member Crone made a motion to add Youth Service Bureau to the title of this bill, seconded by Council Member Dombrowski. The motion carried. Council Member Serge made a motion to recommend this bill to the Council favorable, as amended, seconded by Council member Dombrowski. The motion carried. BILL NO. 133 -81 A BILL APPROPRIATING $7,176.66 FROM THE SAVE -A -LIFE FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR TRAINING AND EQUIPMENT. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Timothy Brassell, Fire Chief, made the presentation for the bill. He indicated this appropriation would provide for the payment of tuition for three firefighters to be trained and certified as paramedics, as well as purchase a rescue boat. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 134 -81 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS BETWEEN VARIOUS DEPARTMENTS WITHIN THE GENERAL FUND. Now is 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 that a substitute bill had been filed with the City Clerk's office. Council Member McGann made a motion to accept the substitute bill, seconded by Council Member Dombrowski. The motion carried. Mr. Kernan indicated this transfer of monies will provide additional monies where unforeseen circumstances have increased the expenditures in the accounts. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. D 1 1 1 REGULAR MEETING DECBER 14, 1981 BILL NO. 135 -81 A BILL APPROPRIATING $3,950.00 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. Gust Saros, Director of Discovery Hall, made the presentation for the bill. He indicated this appropriation is to pay rent for temporary storage of vehicles as well as the Studebaker archieves. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council member Dombrowski. The motion carried. There being no further business to come Member McGann made a motion to rise and Member Dombrowski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED before the Committee of the Whole, Council report to the Council, seconded by Council ATTEST: -Isltols,' Chairm n 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 9:00 p.m. Council President McGann presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7003 -81 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $550,000 AGGREGATE PRINCIPAL AMOUNT OF ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1981 (AUTOMATIC MOLDED PLASTICS, INC., PROJECT); AUTHORIZING THE LENDING OF THE PROCEEDS OF SAID BONDS TO AUTOMATIC MOLDED PLASTICS, INC.; APPROVING THE SALE OF SAID BONDS TO AUTOMATIC MOLDED PLASTICS, INC:; APPROVING THE SALE OF SAID BONDS TO THE ORIGINAL PURCHASER THEREOF; APPROVING THE EXECUTION AN DELIVERY OF CERTAIN DOCUMENTS IN RELATION THERETO: AND PRESCRIBING CERTAIN OTHER MATTERS RELATING THERETO. This bill had second reading. Council Member Taylor made a motion to amend the 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 the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. BILL NO. 87 -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) (1501 ELWOOD.) This bill had second reading. Council Member Beck made a to defeat this bill, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 7004 -81 ORDINANCE NO. 7004 -81 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) (MONROE /SAMPLE.) 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) (MONROE /SAMPLE.) This bill had second reading. Council Member Taylor made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of seven ayes and two nays (Council Members Crone and Voorde.) ORDINANCE NO. 7005 -81 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING NEW ELECTRICAL, HEATING, VENTILATING AND AIR - CONDITIONING FEES, NEW PLUMBING, WRECKING, HOUSE MOVING, PUBLIC OCCUPANCY, AND SIGN FEES, NEW HEATING AND ELECTRICAL CONTRACTORS FEES, NEW CURB CUT AND EXCAVATION PERMIT FEES, AND AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND RELATED THERETO. This bill had second reading. Council Member Taylor made a motion to amend the 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 the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING DECEMBER 14, 1981 ORDINANCE NO. 7006 -81 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, LIABILITY INSURANCE PREMIUM AND RESERVE FUND, WATER WORKS GENERAL FUND, SEWAGE WORKS OPERATIONS AND MAINTENANCE FUND, SEWAGE WORKS DEPRECIATION FUND, ECONOMIC DEVELOPMENT REVENUE BONDS AND CENTURY CENTER OPERATION FUND, AND YOUTH SERVICES BUREAU. This bill had second reading. Council Member Tayor made a motion to amend the 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 the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7007 -81 AN ORDINANCE APPROPRIATING $7,176.66 FROM THE SAVE -A -LIFE FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR TRAINING AND EQUIPMENT. This bill had second reading. Council Member Beck made a motion to pass the bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7008 -81 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS BETWEEN VARIOUS DEPARTMENTS WITHIN THE GENERAL FUND. This bill had second reading. Council Member Taylor made a motion to amend the 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 the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7009 -81 AN ORDINANCE APPROPRIATING $3,950.00 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. This bill had second reading. Council Member Serge made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 932 -81 A RESOLUTION OF THE CITY OF SOUTH BEND COMMON COUNCIL OF ST. JOSEPH COUNTY, INDIANA, APPROVING THE JOINT SOUTH BEND -ST. JOSEPH COUNTY PREAPPLICATION FOR FEDERAL CETA FUNDS FOR FISCAL YEAR 1983. WHEREAS, the City of South Bend, the County of St. Joseph, Indiana for Training Act of 1973, as amended: Indiana wishes to make joint application with funds under the Comprehensive Employment and NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council of St. Joseph, Indiana, that: SECTION 1: The attached preapplication form prepared by the Michiana Area CETA Consortium, is approved for submission to the funding agency. /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 was to allow for the Mayor to request funding from the Federal government. 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. 933 -81 The area of industries, welfare of the such area. A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF INTENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND COLUMBINE CARRIERS, INC., A DELAWARE CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF INDIANA, PROVIDING FOR THE ISSUANCE BY SAID CITY OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF INDIANA CODE 36- 7 -12 -1, AS AMENDED. still has insufficient employment opportunities and insufficient diversifici which conditions are harmful to the economic stablity and general area, and if not remedied, will be detrimental to the development of ion L u 1 i REGULAR MEETING DECEMBER 14, 1981 The City of South Bend, Indiana (the "City ") is authorized under the provisions of Indiana Code 36- 7 -12 -1, et.seq., to acquire, construct 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 purposes enumerated under the Act and in furtherance thereto to induce Columbine Carriers, Inc., a Delaware corporation authorized to do business in the State of Indiana (the "Borrower "), to build and construct a maintenance and operational building as well as office buildings as a new structure on the Northeast corner of Cleveland and Mayflower Roads in the City of South Bend, Indiana, and to equip the same with the necessary equipment, hereinafter collectively called (the "Project ") within the limits of the City of South Bend, 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 the City to finance the Project through the issuance of revenue bonds under the provisions of the Act above referred to, 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 Columbine Carriers, Inc., a Delaware corporation authorized to do business in the State of Indiana, the Borrower. NOW, THEREFORE, be it resolved by the Common Council 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 Columbine Carriers, Inc., a Delaware corporation authorized to do business in the State of Indiana, 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, accepted, and executed by Columbine Carriers, Inc., said Memorandum of Intent, which is hereby approved and incorporated by reference and made a part of this authorizing resolution, to be in substantially the form attached hereto. SECTION 2. The obligation of the City of South Bend, and any of its Commissions, officers and employees and agents shall be limited solely to good faith efforts to consummate said proceedings and issue the bonds and neither the South Bend Economic Development Commission, the Mayor, the Common Council, the City, its officers or agents, shall incur any liability whatsoever if for any reason the proposed issuance of the bonds is not consummated. SECTION 3. All resolutions and orders, or parts thereof, in conflict with the provisions 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 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. Charles Boyton, attorney representing Columbine Carriers, indicated this inducement resolution was for a $675,000 bond issue to construct a maintenance and general office building. He indicated they were expanding their operations and will create an addition six to eight positions. 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 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF LICENSE RENEWALS FOR SCRAP AND JUNK DEALERS. A public hearing was held on the resolution at this time. Kathy Bernard, Director of Neighborhood Code Enforcement, indicated the resolution should be amended to add seven additional scrap and junk dealers who are now in compliance: Hurwich Iron Co., Indiana Iron & Metal, South Bend Auto Parts, Albert Mickelson, Super Auto Salvage, South Bend Baling & Iron, Hurwich Iron Co. Council Member Beck made a motion to amend the resolution, seconded by Council Member Serge. The motion carried. Mrs. Bernard indicated all properties have been inspected for fire code violations, environmentz. violations, proper maintenance of the premises, and height and condition of fencing. All dealers listed in the resolution were found to be in compliance. Council Member Dombrowski made a motion to continue this resolution until January 11, 1982, seconded by Council Member Serge. The motion carried. BILLS, FIRST READING BILL NO. 136 -81 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 40 FOOT RIGHT OF WAY OF LATHROP STREET FROM THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 2 EAST WEST TO THE EAST RIGHT OF WAY LINE OF BUTTERNUT ROAD, A DISTANCE OF APPROXIMATELY 3400 FEET. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading January 11, 1982, and refer it to the Residential Neighborhood Committtee, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING DECEMBER 14, 1981 BILL NO. 137 -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) (NORTHWEST CORNER OF RIVERSIDE AND ANGELA.) This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 138 -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 (701 LASALLE.) This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 139 -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 (2119 PORTAGE AVE.) This bill had first reading. Council Member Crone made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. a BILL NO. 140 -81 A BILL AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 21, ARTICLE 6.5, ENTITLED HISTORIC PRESERVATION COMMISSION. This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 141 -81 A BILL CREATING A SPECIAL FUND TO BE KNOWN AS THE COP FUND. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading January 11, 1981, seconded by Council Member Dombrowski. The motion carried. BILL NO. 142 -81 A BILL APPROPRIATING $10,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE SUPPORT OF SPECIALIZED TRANSPORATION SERVICES TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND SPECIALIZED TRANSPORTATION SYSTEM OF ST. JOSEPH COUNTY. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading January 11, 1981, seconded by Council Member Dombrowski. The motion carried. BILL NO. 143 -81 A BILL AMENDING CHAPTER 2, ARTICLE 6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED TAX ABATEMENT PROCEDURES. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading January 11, 1981, and refer it to the Human Resources Committee seconded by Council Member Dombrowski. The motion carried. BILL NO. 144 -81 A BILL AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT, INDENTURE OF TRUST, MORTGAGE, NOTE AND BONDS AND APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, LEASE, MORTGAGE, NOTE AND BONDS AND AUTHORIZING THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS AND APPROVING RESOLUTION NO. 13 -81 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE ROBERT H. FRESHLEY PROJECT. This bill had first reading. Council Member public hearing and second reading January 11, The motion carried. BILL NO. 145 -81 Beck made a motion to set this bill for 1981, seconded by Council Member Dombrowski. A BILL AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT, INDENTURE OF TRUST, NOTE AND BONDS AND APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, LEASE, NOTE AND BONDS AND AUTHORIZING THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS AND APPROVING RESOLUTION NO. 14 -81 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO JEFFRY S. BEARDSLEY- BERNELL CORPORATION PROJECT. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading January 11, 1981, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR T. Brooks Brademas, a local developer, indicated that the TRANSPO lot should not be moved to the site of the Odd Fellows Building. He indicated that the building could be used in conjunction with the TRANSPO lot at its present location. I I� u F__� F__J REGULAR MEETING DECEMBER 14, 1981 Peggy Ruchti, 3023 Hilltop, president of the League of Women Voters, spoke regarding redistricting. Irene Mutzl, 320 Parkovash, spoke against the demolition of the Odd Fellows Building. An informal discussion was held regarding the STS appropriation. UNFINISHED BUSINESS RESOLUTION NO.-927-81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDINAA, RECOMMENDING THAT THE CITY ADMINISTRATION APPROPRIATE AS MUCH AS $56,000 FOR SPECIALIZED TRANSPORTATION SYSTEM (STS) FOR THE 1982 CALENDAR YEAR. Council Member Dombrowski made a motion to override the veto, seconded by Council Member Beck. The motion carried by a roll call vote of nine ayes. There being no further business to come before the Council unfinished or new, Council Member Beck made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 9:50 p.m. ATTEST: City Clerk APPRO D: President 77 33 SPECIAL MEETING DECEMBER 28, 1981 ROLL CALL Present: Council Members Serge, Szymkowiak, Beck, Zielinski, Crone, Dombrowski, Voorde and McGann Absent: Council Member Taylor Council Member Zielinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Vice President Serge chaired this portion of the meeting. BILL NO. 130 -81 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 1, SECTION 1 -4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND COMMONLY REFERRED TO AS COUN- CILMANIC DISTRICTS. This being the time heretofore set for public hearing on the above bill, proponents and oppoents were given an opportunity to be heard. Council Members McGann and Voorde made the presentation for the bill. Council Member McGann indicated this proposed bill would redistrict the city of South Bend as required by State statute based on the 1980 census figures. He indicated that there are three districts out of population balance, Districts 3, 5, and 6. He indicated that several plans were formulated to correct this situation. He indicated that the plan the committee had decided upon would bring the six districts into balance, with a minimum of precinct changes. He said this plan would only involve five precincts. He indicated that in view of the input received from the Southeast Neighborhood Association, and the fact that the Council can only move entire precincts, the committee feels that somewhere in the neighborhood of eighty percent of the population designated as the Southeast Neighborhood, is now included in one district, the Sixth District. Council Member Voorde indicated this plan only moves five precincts, causing a minimal amount of dis- ruption. Council Member McGann made a motion to amend the bill be adding the legal description on file with the City Clerk, seconded by Council Member Zielinski. The motion carried. Myra Thomas, 19444 Detroit, representing the League of Women Voters, indicated that vot- ing on this redistricting should be postponed for two or three weeks, due to the holidays. Conrad Damian, 718 E. Broadway, indicated this should be postponed. He indicated there had not been enough public- ity, there were no maps or population figures available. He indicated that eighty percent of the population, in the Southeast Neighborhood Association, in one district was not sufficient. Glendarae Hernandez, 702 E. South, indicated she was disappointed in the entire process. She indicated there should be a postponement. Council Member McGann indicated that the County Commissioners were not interested in chang- ing precinct boundaries. Council Member Beck made a motion to amend the bill by subs;tcitu.timg pr ;e,citlaot 5�r_6, .witJb. -. the moving of 5 -15 in the Third District, seconded by Council Member Voorde. The motion failed. Council Member Voorde made a motion to continue this bill until J:anu ary 11, 1982, seconded by Council Member Beck. The motion failed. Council Member McGann made a motion to recommend this bill to the Council favorable, as amended, seconded by Counci Member Zielinski. The motion carried. Council Member Beck left the meeting, due to illness. BILL NO. 131 -81 A BILL ADOPTING I.C. 36 -10 -4 AS THE APPLICABLE STATUTORY BASIS FOR THE OPERATION OF THE SOUTH BEND PARK DEPARTMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given and opportunity to be heard. Richard Hill, City Attorney, made the presentation for the bill. He indicated that the last State legislation session recodified the statutory provisions the Park Department has been operating under since 1929, under Title 36 and Title 36 -10 -4, and it was ncessary for an ordi- nance to be passed adopting these statutory provisions. Kathleen Cekanski - Farrand, Council Attorney, indicated she had reviewed this bill and it reflected what was in old Title 19, with very few changes. Council Member McGann made a motion to recom- mend this bill to the Council favorable, seconded by Council Member Serge. The mo- tion carried. BILLS. SECOND READING ORDINANCE NO. 7010 -81 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 1, SECTION 1 -4 OF THE MUNIC- IPAL CODE OF THE CITY OF SOUTH BEND COMMONLY REFERRED TO AS COUNCILMANIC DISTRICTS. This bill had second reading. Council Member Serge made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Szymkowiak. The motion carried. Council Member Serge made a motion to pass this bill, as amended, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of seven ayes. a s a.