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HomeMy WebLinkAbout06-14-82 Council Meeting MinutesREGULAR MEETING JUNE 14, 1982 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, June 14, 1982, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Szymkowiak Beck, Taylor, Zielinski, Crone, Dombrowski, Voorde and McGann Absent: Council Member Serge 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 May 24, 1982, 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 Dombrowski made a motion that the minutes of the May 12, 1982, meeting of the Council be accepted and placed on file, seconded by Council Member Zielinski. The motion carried. SPECIAL BUSINESS Council President McGann asked the Council to adopt a new policy dealing with Privilege i of the Floor. He asked that individuals will be allowed to speak for three minutes only; maximum time limit for privilege of the floor would be thirty minutes; speakers will be allowed to speak only on subjects over which the Civil City of South Bend has direct control; speakers will not be allowed to talk on subjects covered on the agenda; Councilmen will not respond to individual speakers. Council Member Dombrowski made a motion to adopt this policy, seconded by Council Member Zielinski. The motion carried. REPORTS Council Member Voorde indicated that the Public Works Committee had met regarding Bill No. 53 -82, and recommended it favorable. Council Member Zielinski indicated that the Utilities Committee had met regarding Bill Nos. 54 and 55 -82, and recommended them favorable. Council Member Crone indicated that the Personnel & Finance Committee had met regarding Bill No. 38 -82, and recommended it favorable with the amendment that were going to be made from the floor. She indicated the bill will not be in effect until August 15. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Zielinski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on June 14, 1982, at 7:17 p.m., with eight members present. Chairman Voorde presiding. Council President McGann indicated that the School Corporation and Historic Preservation were in agreement that the next two bills should be continued to October 11, 1982. REGULAR MEETING JUNE 14, 1982 BILL NO. 32 -82 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 (OLIVER SCHOOL.) Council President McGann made a motion to continue public hearing on this bill to October 11, 1982, seconded by Council Member Dombrowski. The motion carried. BILL NO. 33 -82 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 55.65 -73, AMENDING ORDINANCE NO. 4990- 68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (CENTRAL HIGH SCHOOL.) Council Presidernt McGann made a motion to continue public hearing on this bill to October 11, 1982, seconded by Council Member Dombrowski. The motion carried. Phyllis Beck, 1007 N. Frances; Petra Beck, 1007 N. Frances; Louis Chapleau, 205 W. Jefferson; Paul Wedel, 1337 Belmont; spoke in favor of Central High School being designated an historic landmark. BILL NO. 38 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LICENSES, AND BY THE ADDITION OF SECTION 4 -20 ENTITLED AUTOMOBILE BODY REPAIR /USED CAR DEALERS AND SECTION 4 -31 ENTITLED IMPOUNDED MOTOR VEHICLE STORAGE BUSINESSES. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathy Cekanski - Farrand, Council Attorney, made the presentation for the bill. She indicated a substitute bill had been filed with the City Clerk, however, this bill should be amended, on page 2, under Definitions, after the word repair, remove the word or, add a comma; after the word "servicing ", add a comma and "or storage "; on page 3, (8) correct spelling error in sidewalk; on page 4, change effect date to August 15, 1982. Council President McGann made a motion accept these amendments, as well as the substitute bill, seconded by Council Member Zielinski. The motion carried. She indicated that any business that meets the legal definition of an automotive service center would be required to file an application for a license with the City Controller. She indicated this application would be reviewed by several City deparmtents before a license was granted. She said the annual license fee would be $100. Council Member Szymkowiak made a motion to amend this bill in Sec. 4 -20, (f) by adding a new sub - section (10), which shall read as follows: Any person found repairing or servicing a motor vehicle at his residence, other than those vehicles which are duly licensed and registered in his name or in the name of a family member, family being defined as set forth in Section 21 -1 -(a) (22) of this Code, shall be deemed in violation of this Section.; seconded by Council Member Zielinski. The motion carried. Kathy Barnard, Director of Neighborhood Code Enforcement, indicated that she supported this bill. Hildegard Zemlyak, 1903 Franklin, indicated she represented the Rum Village Neighborhood Association and they were in favor of this bill. Ed Gordon 1820 W. William, spoke in favor of this bill. Fred Rick, 717 S. Kentucky, Herb Harris, 5033 Mayfair; Mary Rice, 717 Kentucky; spoke in opposition to this bill. Council Member Taylor indicated this bill needed refinement. Council Member Voorde asked if there had been adequate time for the Legal Department to review this substitute and amended version of the bill. Carolyny Pfotenhauer, assistant city attorney, indicated she had reviewed the substitute bill. Council Member Voorde indicated he would recommend this bill be continued until June 28. Council Member Taylor made a motion to continue this bill to June 28, seconded by Council Member Beck. The motion failed on a roll call vote of five nays and three ayes (Council Members Beck, Taylor and Voorde.) Council Member Dombrowski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zielinski. The motion carried. Council Member Dombrowski made a motion to recess, seconded by Council Member Beck. The motion carried and the meeting was recessed at 8:40 and reconvened at 9:00 p.m. BILL NO. 52 -82 A BILL APPROPRIATING $25,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8201, EXTENSION OF SAMPSON STREET NEAR SOUTHERNVIEW DRIVE, WITHIN THE LOCAL ROAD AND STREET FUND. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this extension of Sampson,;Street would provide an additional access to the sub - division, for a better traffic flow and will facilitate fire and police protection. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. REGULAR MEETING JUNE 14, 1982 BILL NO. 53 -82 A BILL APPROPRIATING $35,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT 8202, INSTALLATION OF TRAFFIC SIGNAL ON SAMPLE STREET AT THE TORRINGTON CORPORATION, WITHIN THE LOCAL ROAD AND STREET FUND. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation would be used to pay for the cost of installation of a traffic signal on Sample Street at the Torrington Corporation. Fred Rice, 717 S. Kentucky, asked if Torrington would be paying any part of this expense. Mr. Leszczynski indicated they would. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. Council President McGann made a motion to combine public hearing on Bill nos. 54 and 55 -82, seconded by Council Member Dombrowski. The motion carried. BILL NO. 54 -82 BILL NO. 55 -82 A BILL APPROPRIATING $150,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 816, BOWMAN CREEK REPAIR PROJECT WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. A BILL APPROPRIATING $40,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 818, REPAIR OF BRIDGEWORK OVER BOWMAN CREEK, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. Now is the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bills. He indicated these appropriations would be used to pay the cost of repairs of Bowman Creek, in order to alleviate flood problems, as well as the repair of bridge work over the creek. Council Member Dombrowski made a motion to recommend these bills to the Council favorable, seconded by Council Member Zielinski. BILL NO. 56 -82 A BILL APPROPRIATING $35,000.000 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 817, DRAINAGE IMPRi FAIRFAX SUBDIVISION, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation was necessary in order to relieve the drainage problems that exist in this sub- division. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 57 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING A CONTRACT BETWEEN THE BOARD OF WATER COMMISSIONERS AND NETWORK COMPUTING CORPORATION FOR UTILITY BILLING COMPUTER SERVICES. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Michael Vance, Director of Utilities, made the presentation for the bill. He indicated this bill should be amended by adding June 7, as the effective date. Council Member Dombrowski made a motion to amend this bill, seconded by Council Member Crone. The motion carried. He indicated this five year contract will provide utility billing to the City which takes advantage of current technology to provide an efficient system. Council President McGann made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 58 -82 A BILL AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA REGULATING THE PLACEMENT AND INSTALLATION OF MANUFACTURED HOMES. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Richard Johnson, Director of Area Plan, made the presentation for the bill. He indicated State Law manufactured homes contructed after January 1, 1981, which exceed nine Hundred fifty square feet of ,=space can be installed as permanent residences on any lot on which any other type of dwelling may be placed. He indicated they must have a permanent foundation, conventional siding and roofing, and they must be a double wide unit. He showed slides on the type of manufactured homes that would be allowed in the City. Carolyn Pfotenhauer, assistant city attorney, indicated that their office supported this bill. Fred Rice, 717 Kentucky, spoke in favor of this bill. Council Member Dombrowski 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 Taylor made a motion to rise and report to the Council, seconded by Council Member Zielinski. The motion carried. ATTEST: 1� City Clerk ATTEST: REGULAR MEETING JUNE 14, 1982 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 9:45 p.m. Council President McGann presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 7058 -82 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LICENSES, BY THE ADDITION OF SECTION 4 -20 ENTITLED AUTOMOTIVE REPAIR AND SERVICE CENTERS. This bill had second reading. Council Member Dombrowski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zielinski. The motion carried. Council Member Dombrowski made a motion to pass the bill, as amended, seconded by Council Member Zielinski. The bill passed by a roll call vote of six ayes and two nays (Council Members Taylor and Voorde.) ORDINANCE NO. 7059 -82 AN ORDINANCE APPROPRIATING $25,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8201, EXTENSION OF SAMPSON STREET NEAR SOUTHERNVIEW DRIVE, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7060 -82 AN ORDINANCE APPROPRIATING $35,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT 8202, INSTALLATION OF TRAFFIC SIGNAL ON SAMPLE STREET AT THE TORRINGTON CORPORATION, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7061 -82 AN ORDINANCE APPROPRIATING $150,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 816, BOWMAN CREEK REPAIR PROJECT WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7062 -82 AN ORDINANCE APPROPRIATING $40,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 818, REPAIR OF BRIDGEWORK OVER BOWMAN CREEK, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Crone. The bill passed by a roll call vote of eight `ayes. ORDINANCE NO. 7063 -82 AN ORDINANCE APPROPRIATING $35,000.000 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 817, DRAINAGE - FAIRFAX SUBDIVISION, WITHIN THE CUMULATIVE IMPROVEMENTS SEWER BUILDING AND SINKING FUND. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7064 -82 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING A CONTRACT BETWEEN THE BOARD OF WATER COMMISSIO:, AND NETWORK COMPUTING CORPORATION FOR UTILITY BILLING COMPUTER SERVICES. This bill had second reading. Council Member Voorde 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 the bill, as amended, seconded by Council Member Beck. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7065 -82 AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA REGULATING THE PLACEMENT AND INSTALLATION OF MANUFACTURED HOMES. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Voorde. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 962 -82 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTI DESIGNATING 3202 W. SAMPLE AN URBAN DEVELOPMENT AREA FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT PURPOSES AND A DETERMINATION OF THE PUBLIC UTILITY AND BENEFIT OF THE PROPOSED PROJECT. I. 7 REGULAR MEETING JUNE 14, 1982 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Urban Development Areas for purposes of tax abatement consideration; and WHEREAS, a Declaratory Resolution designating the area commonly known as 3202 W. Sample, South Bend, Indiana, and more particularly described by a line drawn as follows: Part of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section fifteen (15), Township Thirty -seven (37) North, Range Two (2) East, described as beginning on the South line of Sample Street, (now 70 feet wide) One Hundred Sixty -five (165) feet East and Thirty -five (35) feet South of the Northwest corner of said Quarter (1/4) Quarter (1/4) Section, running thence East long the South line of Sample Street One Hundred Sixty -five (165) feet; thence South Seven Hundred Fourteen and One Hundredth Fourteen (714.0) feet to the Northerly right -of -way line of the New Jersey, Indiana and Illinois Railroad; thence Southwesterly along said right -of -way Three Hundred Sixty -one (361) feet to the West line of said Quarter (1/4) Quarter (1/4) Section; thence North along said West line Six Hundred Thirty -one and Twenty -two Hundredths feet; thence forth Two Hundred Twenty -nine (229) feet to the place of beginning. is an Urban Development Area; and WHEREAS, the Area Plan Commission has submitted to the Council its written order approving the Declaratory Resolution to the Council; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council having been published pursuant to Indiana Code 36 -7 -14- 17 ; and WHEREAS, the Council held a public hearing for the purposes of hearing persons in favor of the proposed project and those remonstrators who were opposed to the proposed project; and WHEREAS, the Council has determined the public utility and benefit of the pro- ject. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution No. 956 -82 adopted by the Council on May 10, 1982, which designated the area described hererein as a Urban Development Area for the purposes of Tangible Personal Property tax abatement consideration and confirms its determination of the project's public utility and benefit. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverly D. Crone Member of the Common Council A public hearing was held on the resolution at this time. Council Member Voorde indicated this resolution was a reaffirmation of a declaratory resolution passed on ;May 10, 1982. He indicated this was the final resolution granting Armco personal property tax abatement. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 963 -82 A °RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 121 WEST COLFAX, SOUTH BEND, INDIANA, TO BE AN URBAN DEVELOPMENT AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT AND A DETERMINATION OF THE PUBLIC UTILITY AND BENEFIT OF THE PROJECT PROPOSED FOR TAX ABATEMENT CONSIDERATION. WHEREAS, the Common Council of South Bend has adopted a Declaratory Resolution designating certain areas within the City as Urban Development Areas for purposes of tax abatement consideration; and WHEREAS, a Declaratory Resolution designating the area commonly known as 121 W. Colfax, South Bend, Indiana 46601 and more particularly described by a line drawn as follows: REGULAR MEETING JUNE 14, 1982 A part of Lot Numbered 7 as shown on the Original Plat of the Town, now City, of south Bend, St. Joseph County, Indiana, which part is bounded by a line running as follows, fiz: Beginning on the North line of Colfax Avenue in said City, at a point 66 feet Wst of the South East corner of said lot, thence running North 66 feet to the North line of said Lot; thence West on said North line a distance of 22 feet; thence South 16 feet; thence East 6 inches; thence South 50 feet to the South line of said Lot and North line of said Colfax Avenue; thence East on said line 21 1/2 feet to the place of beginning. is an Urban Development Area; and WHEREAS, the Area Plan Commission has submitted to the Council its written order approving for the Declaratory Resolution to the Council; and WHEREAS, notice of the adoption of a Declaratory Resolution and public hearing for the purposes of hearing persons in favor of the proposed project and those remostra who were opposed to the proposed project; and WHEREAS, the Council has determined the public utility and benefit of the project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Urban Development Area for purposes of tax abatement consideration and confirm its determination of the project's public utility and benefit. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Beverly Crone Member of the Common Council A public hearing was held on the resolution at this time. Robert Parker, attorney reepresenting the petitioner, indicated this abatement was for the relocation of the Griffon Book Store. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 964 -82 AN INDUCEMENT RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: RELATING TO CURTIS PRODUCTS, INC. WHEREAS, at the present time here are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the City of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition and construction of economic development facilities in St. Joseph County pursuant to the provisions of Indiana Code 36- 7 -12 -1, as amended (the "Act "); and WHEREAS, Curtis Products, Inc., an Indiana corporation duly organized and existing under the laws of the State of Indiana ( "Curtis Products ") proposes to acquire real estate and construct economic development facilities in the City ofSouth Bend, Indiana, as defined in the Act if the City will finance the costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by Curtis Products, Inc. for the issuance of City of South Bend Economic Development Bonds in an approximate amount of not to exceed One Million Two Hundred Thousand ($1,200,000.00) Dollars repayable over a period not to exceed twenty (20) years and on terms governed by existing market rates at the time such bonds are issued in order to acquire real estate and construct a manufacturing facility to be used by the corporation for the purposes of manufacturing automotive, agricultural and other products in such facility resulting in improving and promoting job opportunities and commercial diversification within and near South Bend, Indiana; and WHEREAS, the said Curtis Products, Inc., after considering a number of possible locations within and outside the State of Indiana and the City of South Bend, and in reliance upon the intent of the City of Finance the project through the issuance of revenue bonds under the provisions of the Act above referred to, has determined to construct the project within the limits of lthe City of South Bend, Indiana. NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: 1. The project constitutes economic development facilities which shall be financed by the City of South Bend through the issuance of revenue bonds pursuant to the Act and the City of South Bend is willing, upon compliance with all provisions of Indiana law, to authorize a bond issue not to exceed One Million Two Hundred thousand ($1,200,000.00) Dollars of its revenue bonds, which bonds will not be general obligations of the City of South Bend but will be payable solely from the limited sources authorized and permitted by the Act. .'s REGULAR MEETING JUNE 14, 1982 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. Curtis Products, Inc. may proceed with the acquisition and construction of the economic development facilities in reliance upon this resolution as an inducement to enter into the purchase of real estate and enter into contracts for the equipment and building of said facility. 4. That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council, the City of South Bend, Indiana, its officers, employees and agents, shall be limited solely to the good faith efforts to consummate said proceedings and issue the bonds and neither the South Bend Economic Development Commission, the Mayor, the Common Council of the City of South Bend, its officers or agents shall incur any liabilities whatsoever if for any reason the proposed issuance of the Bonds is not consummated. This Inducement Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. /s/ Beverly D. Crone Member of the Common Council A public hearing was held on the resolution at this time. Fred Boynton, attorney representing the petitioner, indicated they planned to purchase real estate and build within the Monroe - Sample Development Area. He indicated fifteen new jobs would be created. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 965 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE NON- PROFIT GROUP GRANT IN EXCESS OF $10,000.00 FOR REHABILITATION WORK TO BE PERFORMED ON THE STRUCTURE AT 2501 MISHAWAKA AVE., FUNDED THROUGH THE COMMUNITY DEVELOPMENT PROGRAM, ADMINISTERED BY THE BUREAU OF HOUSING. WHEREAS, a Non - Profit Group Grant for rehabilitation work under the Community Development Housing Program has exceeded $10,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana; 1. That approval be granted to the Redevlopment Commission of the City of South Bend, Indiana, to enter into a contract in the amount of Twenty Thousand Dollars ($20,000.00) with the Home Builders Association, Remodelers Council. 2. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Kathy Baumgartner, Director of the Bureau of Housing, indicated that this $20,000 grant would be used to move and rehabilitate the property at 2501 Mishawka Ave. She indicated the home would be moved to Northside Blvd. Shirley Combs, Director of the Home Builder's Association, indicated they were pleased to be working with Southhold and the City on this project. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 966 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTIVE DIRECTOR OF THE SOUTH BEND HUMAN RIGHTS COMMISSION TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR 1982 FAIR HOUSING ASSISTANCE PROGRAM GRANT FUNDS UNDER TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968, AS AMENDED. WHEREAS, the Dirctor of the Human Rights Commission is the City offiical responsible for the administration of South Bend, Indiana's fair housing law as contained in amended Ordinance No. 6635 -79; WHEREAS, the United States Department of Housing and Urban Development has made funds available to States and localities with fair housing laws substantially equivalent to the rights provided in Title VIII of the 1968 Civil Rights Act. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: SECTION I. That the Director of the City of South Bend Human Rights Commission is hereby authorized to submit an appliction to the United States Government under the Fiar Housing Assistance Program of Title VIII of the 1968 Civil Rights Act. SECTION II. that for every activity, project, or program to be funded under this Resolution, the Director of the Human Rights Commission shall submit to the Common Council an appropriation ordinance prior to expenditure of any Fair Housing Assistance Program funds received upon approval of this application. REGULAR MEETING JUNE 14, 1982 SECTION III. That this Resolution shall be in full force and effect from and after its a option 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. Larry Johnson, Director of the Human Rights Commission, indicated that the primary purpose of FHAP is to provide financial support to states and localities that will assist them in the administration of fair housing laws. He indicated that the Commission desired to apply for such assistance. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes. y RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF A LICENSE APPLICATION FOR A RECYCLING /TRANSFER STATION. A public hearing was held on the resolution at this time. Richard Hill, City Attorney, indicated this application had been withdrawn subsequent to the Board of Works meeting. He indicated that the Administration joined the Council in opposing this transfer station. He suggested the Council strike the resolution, or defeat it. Jim Masters, attorney representing the Rum Village Neighborhood Associaiton, indicated that this applicatin had been withdrawn, however, this site could come up again for another junk yard. He indicated they were opposed to any new scrap or junk yard that may be proposed in the Rum Village Neighborhood. Jane Swan, 1706S. Walnut, Jim McCaffery, 1150 Dunmore Lane; Bob Mangus, president of South Bend Supply; Pat McCaffrey, 760 Cotter St., spoke in opposition to this type of an operation at this site. Council Member Szymkowiak made a motion to defeat this resolution, seconded by Council Member Dombrowski. The motion carried. RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF A SCRAP DEALER'S LICENSE TO HERMAN T. WILLIAMS, D /B /A SOUTH MAIN AUTO PARTS, 1819 SOUTH MAIN STREET, SOUTH BEND, INDIANA. A public hearing was held on the resolution at this time. Carolyn Pfotenhauer, assistant city attorney, indicated that the Board ofWorks has reviewed this application and found that the property does meet requirements with the exception of a buffer strip and fencing. Kathy Cekanski - farrand indicatd that the attorney representing the applicant has asked that this be continued until the next meeting, due to a death in the applicant's family. Council Member Taylor made a motion to continue this until June 28, 1982, seconded by Council Member Beck. The motion carried on a roll call voter of five ayes and three nays (Council Members Szymkowiak, Zielinski and Dombrowski.) BILL NO. 59 -82 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 (644 MONROE.) This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Crone. The motion carried. BILL NO. 60 -82 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.) (OSTEOPATHIC HOSPITAL.) This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 61 -82, ABILL OF THE'COMMON COUNCIL OF THE-CITY OF SOUTH BEND, ,INDIANA, AMENDING VARIOUS'SECTIONS _ OF CHAPTER 40F THEMUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THh INCLUSION OF NEW SECTION 4 -22 ENTITLED CARNIVALS, CIRCUSES OR FAIRS. This bill had first reading Council Member Crone made a_motion_i-0 set this bill for public hearing and - second reading June 28', 1982, and refer it to the` Personnel & Finance Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 62 -82 A BILL APPROPRIAITNG $260,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8203, ARDMORE TRAIL WIDENING AND SIGNALIZATION PROJECT, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Voode made a motion to set this bill for public hearing and second reading June 28, 1982, and refer it to the Public Works Committee, seconded by Council Member Taylor. The motion carried. REGULAR MEETING JUNE 14, 1982 BILL NO. 63 -82 A BILL APPROPRIATING $100,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS819, ADMORE TRAIL STORM SEWERS PROJECT, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading June 28, 1982, and refer it to the Public Works Committee, seconded by Council Member Beck. The motion carried. BILL NO. 64 -82 A BILL APPROPRIATING $30,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE STUDEBAKER MUSEUM TO BE ADMINISTRERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE OF THE CITY OF SOUTH BEND,' INDIANA. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading June 28, 1982, and refer it to the Human Resources and Personnel & Finance committees, seconded by Council Member Taylor. The motion carried. BILL NO. 65 -82 A BILL APPROPRIATING $2,315,683.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DIVISION OF COMMUNITY DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES, FOR THE PROGRAM YEAR BEGINNING JULY 7, 1982 AND ENDING MARCH 31, 1983, TO BE ADMINISTERED THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading June 28, 1982, and refer it to the Human Resources Committee, seconded by Council Member Beck. The motion carried. UNFINISHED BUSINESS Report from Area Plan - Historic Landmark - 518 N. Lafayette Council Member Beck made a motion to set Bill No. 49 -82 for public hearing and second reading June 28, 1982, seconded by Council Member Dombrowski. The motion carried. Council Member Voorde made a motion set Bill No. 46 -82 for public hearing and second reading June 28, seconded by Council Member Beck. The motion carried. PRIVIGE OF THE FLOOR Ralph Johnson, 1822 Sherman; Ann Aydes, 1318 Elliott; spoke regarding the X rated movies being shown at a local outdoor theater. They indicated something should be done so that these movies cannot be seen outside of the theater. Fred Rice, 717 S. Kentucky, indicated South Bend did not have facilities for teenagers. Kathryn Brookins, 701 W. LaSalle; Oscar Brookins, 701 W. LaSalle; spoke against the change in rules under privilege of the floor. Mike McFarland, 1733 O'Brien, indicated that the LaSalle district did not have swimming lessons again this summer. Mary Rice, 717 S. Kentucky, discussed the proposed bill regarding licensing of carnivals. Council Member Beck indicated that the new rules governing Privilege of the Floor were too restrictive. 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 Crone. The motion carried and the meeting was adjourned at 11: 12 p.m. ATTEST: r, Ilk- City Clerk