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HomeMy WebLinkAbout10-11-82 Council Meeting MinutesREGULAR MEETING OCTOBER 11, 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, October 11, 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 Serge, Szymkowiak Beck, Taylor, Zielinski, Crone, Harris, 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 September 27. 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 Serge made a motion that the minutes of the September 27, 1982, meeting of the Council be accepted and placed on file, seconded by Council Member Beck. The motion carried. SPECIAL BUSINESS Council Member Serge made a motion to retain the Council attorney, Kathleen Cekanski- Farrand, for 1983, seconded by Council Member Taylor. The motion carried. REPORTS Council member Serge indicated that the Public Works Committee had met regarding Bill No. 114 -82, and recommended it favorable. Council Member Zielinski indicated that the Utilities Committee and Personnel & Finance Committee had met regarding the Utilities Budget. He indicated the Utilities Committee had met regarding bill nos. 109, 110, and 111 -82, and recommended them favorable. Council`Member Voorde indicated that the Committee of the Whole met regarding bill nos. 76 and 108 -82, and recommended them favorable, as amended. Council Member Beck made a motion to resolve into the Committee of the Whole, seconded by Council Member Taylor. The motion carried. COMMITTEE OF THE WHOLE B�e it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on October 11, 1982, at 7:06 p.m., with nine members present. Chairman Voorde presiding. BILL NO. 115 -82 A BILL APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE JOHN A. LEVY, TIMOTHY MATHIAS, AND CHARLES C. DAVIS PROJECT. Council Member McGann made a motion to strike this bill, seconded by Council Member Taylor. The motion carried. 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. Council Member McGann made a motion to continue public hearing on this bill until November 8, 1982, seconded by Council Member Harris. The motion carried. BILL NO. 83 -82 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CTY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (501 N. SCOTT.) REGULAR MEETING OCTOBER 11, 1982 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, a representative of Area Plan, indicated this received an unfavorable recommendation from Area Plan. Terry Brown, 528 N. Scott; Chuck Leone, 1081 Woodward, representing the Near Northwest Neighborhood Association; Nora Snell, 746 Blaine; Clem Gramza, 726 Blaine; Thomas Brown, 528 N. Scott; Florence Gibson, 609 N. Scott; and John Gleason, 909 Sherman, spoke against this rezoning. Council Member Taylor made a motion to recommend this to the Council unfavorable, seconded by Council Member McGann. The motion carried. BILL NO. 85 -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) (423 N. MICHIGAN.) 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, representing Area Plan, indicated this received a favorable recommendation, subject to vacation of the alley as proposed. Ron Olson, representing the Town Tower Motel, made the presentation for the bill. He indcated this rezoning was a request for a change in use from multi - family to office use. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 50 -82 A BILL AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 21, ARTICLE 6.5, ENTITLED HISTORIC PRESERVATION COMMISSION. 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, representing Area Plan, indicated this bill, as amended, had received a favorable recommendation from Area Plan. Council Member McGann made a motion to amend this bill by a substitution bill on file with the City Clerk, seconded by Council Member Taylor. The motion carried. Council Member McGann indicated that many of the changes in this bill have been brought about by changes in State law. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 76 -82 A BILL AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE, ESTABLISHING EXECUTIVE DEPARTMENTS AND ADMINISTRATIVE PROVISIONS. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Eugenia Schwartz, Assistant City Attorney, made the presentation for the bill. She indicated this bill should be amended by a substition bill on file with the City Clerk. Council Member Beck made a motion to amend, seconded by Council Member Taylor. The motion carried. She indicated this bill was necessary due to Home Rule legislation, which requires an ordinance describing how a city is organized by departments and functions. She indicated one of the major changes made was the establishment of a Department of Code Enforcement, incorporating under one department various city inspections and enforcement responsibilities which are now performed by several departments. Council Member Voorde made a motion to amend this bill on page 10, Section 2 -123 (c) by striking the first two sentences, and the paragraph would then read "All City -owned vehicles shall have inscribed on the each side of said vehicle, the designation 'City of South Bend' and the sides and rear of each vehicle shall be inscribed with an identifying number not less than 5" in height. ", the rest of the paragraph shall continue as written; and paragraph (d) be amended by putting a period after the word Mayor, striking City Controller, City Attorney, City Engineer, and Director of the Economic Development Department, seconded by Council Member Crone. Council Member McGann indicated that he felt that the seal of the City and marking the vehicle "for official use only ", would be less costly, and that could not mark leased cars. Council Member Voorde indicated he felt this motion would be more economical. The motion failed on a roll call vote of two ayes (Council Member Voorde and Crone) and seven nays. Council Member McGann made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Beck. The motion carried. Council Member Voorde indicated he would like the Council and Administration to consider the establishment of a Public Safety Commission to oversee the operation of the police and fire deparments. BILL NO. 92 -82 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1983 AND ENDING DECEMBER 31, 1983. INCLUDING ALL OUT- STANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Beck made a motion to accept the amendments submitted to the City Clerk, s -econded by _Council Member Zielinski. Tne motion carried. Niicnael Vanee, Director of Utilities, made the presentation for the bill. He indicated the Water Works budget showed an increase of 7 %; Waste Water's budget was 14.5% over the previous year, due to replacement of equipment at the plant. Sherrie Petz, Deputy Controller, indicated there was an increase of 3% in the Parking Garage budget. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Serge. The motion carried. REGULAR MEETING OCTOBER 11, 1982 BILL NO. 108 -82A A BILL TO AMEND THE 1982 SALARY ORDINANCE NO. 6920 -81 FIXING MAXIMUM SALARIES AND WAGES OF CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE NEIGHBORHOOD CODE ENFORCEMENT OFFICE TO BE CALLED THE DEPARTMENT OF CODE ENFORCEMENT. BILL NO. 108 -82B A BILL TO AMEND THE 1983 SALARY ORDINANCE NO. 7080 -82 FIXING MAXIMUM SALARIES AND WAGES OF CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE NEIGHBORHOOD CODE ENFORCEMENT OFFICE TO BE CALLED THE DEPARTMENT OF CODE ENFORCEMENT. 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 the original Bill No. 108 -82, had been broken down to two bills, that had been filed with the City Clerk. Council Member Zielinski made a motion to accept these bills, seconded by Council Member Taylor. The motion carried. Mr. Kernan indicated that a new Department of Code Enforcement has been created, therefore, there will be more responsibilities, therefore they were requesting salary increases for several people in this department. Jerry Davis, 1307 W. Leonard, spoke against these increases. Council Member Crone made a motion to amend Bill No. 108 -82, by changing the Proposed 1982 Salary Column, as follows: Director $21,800; Asst. Director $17,093.72; Chief Inspector $16,348.60; Adm. Services Director $16,004.20 and Housing Specialist $16,140.36; and reduce the present salary for Adm. Services Dirctor and Housing Specialist to -0 -, seconded y Council Member McGann. The motion carried. Council Member Crone made a motion to amend Bill No. 108 -82B, in 1983 Salary, by showing Adm. Services Director and Housing Specialist to -0 -, seconded by Council Member McGann. The motion carried. Council Member Crone made a motion to recommend these bills to the Council favorable, as amended, seconded by Council Member McGann. The motion carried. Council Member McGann made a motion to have combined public hearing on Bill No. 109 and 110 -82, seconded by Council Member Taylor. The motion carried. BILL NO. 109 -82 BILL NO. 110 -82 A BILL APPROVING A CONTRACT BETWEEN LAYNE - NORTHERN AND THE BOARD OF WATER WORKS COMMISSIONERS IN THE AMOUNT OF $32,000.00 FOR THE CONSTRUCTION OF A WELL AT THE EDISON WELL FIELD. A BILL APPROVING A CONTRACT BETWEEN PEERLESS - MIDWEST AND THE BOARD OF WATER WORKS COMMISSIONERS IN THE AMOUNT OF $64,963.00 FOR THE CONSTRUCTION OF A WELL AT THE RUM VILLAGE SITE. Now is the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Michael Vance, Director of Utilities, made the presentation for the bills. He indicated that a well at the Edison Park Well Field became plugged, and it was decided to replace it rather than reclean it. He indicated that the addition of a well at the Rum Village site would help reduce the effect of the loss of the Olive Well field. Council Member Szymkowiak made a motion to recommend these bills to the Council favorable, seconded by CouncilMember Beck. The motion carried. BILL NO. 111 -82 A BILL APPROPRIATING $1,220,375.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 820, RUM VILLAGE SEWER INSTALLATION PROJECT, 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 would be used to fund the Rum Village Sewer Installation Project. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 112 -82 A BILL APPROPRIATING $7,739.65 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF COMPLETING PROJECT ACTIVITIES. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Colleen Rosenfield, Director of Community Development, made the presentation for the bill. She indicated this bill would appropriate funds to complete existing activities. She indicated the bill should be amended to corrrect the second project number to CD -78 -603. Council Member McGann made a motion to amend the bill, seconded by Council Member Beck. The motion carried. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 113 -82 A BILL APPROPRIATING $9,963,000 FROM THE 1982 URBAN DEVELOPMENT ASSISTANCE GRANT FOR PURPOSES OF ECONOMIC DEVELOPMENT. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Jon Hunt, Director of Redevelopment, made the presentation for the bill. He indicated this bill should be amended by substitution of a new bill on file with the City Clerk. Council Member McGann made a motion to amend, seconded by Council Member Taylor. The motion carried. He indicated that $5,000,000 would be used for limited partnership shares of New Energy Company of Indiana, $2,638,000 for on -site improvements; $1,596,000 for off -site improvements,and $729,000 for contingency, engineering and administration costs. Charles Howell, 1118 Dewey, indicated the ethanol plant was a good thing for the community, however, the Council should watch the minority hiring practices. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. : u ► • •: •: BILL NO. 114 -82 A BILL APPROPRIATING $270,000.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT NO. 8206, JEFFERSON STREET PARKING GARAGE REPAIRS, WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT 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 would be used for repairs necessary for the Jefferson Street Parking Garage. Council Member Beck 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, and recess, seconded by Council Member Beck. The motion carried and the meeting was recessed at 9:12 p.m. ATTEST: ATTEST: City Clerk C 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 :31 p.m. Council President McGann presiding and nine members present. BILLS, SECOND READING BILL NO. 83 -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) (531 N. SCOTT ST.) Council Member Voorde made a motion to defeat this bill, seconded by Council Member Crone. The motion carried. ORDINANCE NO. 7106 -82 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) (423 N. MICHIGAN.) This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7107 -82 AN ORDINANCE AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 21, ARTICLE 6.5, ENTITLED HISTORIC PRESERVATION COMMISSION. This bill had second reading. Council Member Taylor made a motion to amend this bill as amended in the Committee of the Whole, seconded by Council Member Beck. The motion carried. Council Member Taylor made a motion to pass this bill as amended, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7108 -82 AN ORDINANCE AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE, ESTABLISHING EXECUTIVE DEPARTMENTS AND ADMINISTRATIVE PROVISIONS. This bill had second reading. Council Member Taylor made a motion to amend this bill as amended in the Committee of the Whole, seconded by Council Member Beck. The motion carried. Council Member Taylor made a motion to pass this bill as amended, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7109 -82 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1983 AND ENDING DECEMBER 31, 1983. INCLUDING ALL OUT- STANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Beck made a motion to amend this bill as amended in the Committee of the Whole, seconded by Council Member Crone. The motion carried. Council Member Beck made a motion to pass this bill as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of seven ayes and two nays (Council Members Crone and Voorde.) ORDINANCE NO. 7110 -82 AN ORDINANCE TO AMEND THE 1982 SALARY ORDINANCE NO. 6920 -81 FIXING MAXIMUM SALARIES AND WAGES OF CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE NEIGHBORHOOD CODE ENFORCEMENT OFFICE TO BE CALLED THE DEPARTMENT OF CODE ENFORCEMENT. This bill had second reading. Council Member Beck made a motion to amend this bill as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Beck made a motion to pass this bill as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. RRGI AR MEETING OCTOBER 11, 1982 ORDINANCE NO. 7111 -82 AN ORDINANCE TO AMEND THE 1983 SALARY ORDINANCE NO. 7080 -82 FIXING MAXIMUM SALARIES AND WAGES OF CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE NEIGHBORHOOD CODE ENFORCEMENT OFFICE TO BE CALLED THE DEPARTMENT OF CODE ENFORCEMENT. This bill had second reading. Council Member Taylor made a motion to amend this bill as amended in the Committee of the Whole, seconded by Council Member Beck. The motion carried. Council Member Taylor made a motion to pass this bill as amended, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7112 -82 AN ORDINANCE APPROVING A CONTRACT BETWEEN LAYNE- NORTHERN AND THE BOARD OF WATER WORKS COMMISSIONERS IN THE AMOUNT OF $32,000.00 FOR THE CONSTRUCTION OF A WELL AT THE EDISON WELL FIELD. 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. 7113 -82 AN ORDINANCE APPROVING A CONTRACT BETWEEN PEERLESS - MIDWEST AND THE BOARD OF WATER WORKS COMMISSIONERS IN THE AMOUNT OF $64,963.00 FOR THE CONSTRUCTION OF A WELL AT THE RUM VILLAGE SITE. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7114 -82 AN ORDINANCE APPROPRIATING $1,220,375.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS 820, RUM VILLAGE SEWER INSTALLATION PROJECT, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had second reading. Council seconded by Council Member Taylor. The ayes. ORDINANCE NO. 7115 -82 Member Serge made a motion to pass this bill, bill passed by a roll call vote of nine AN ORDINANCE APPROPRIATING $7,739.65 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF COMPLETING PROJECT ACTIVITIES. This bill had second reading. Council Member Taylor made a motion to amend this bill as amended in the Committee of the Whole, seconded by Council Member Beck. The motion carried. Council Member Taylor made a motion to pass this bill as amended, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7116 -82 AN ORDINANCE APPROPRIATING $9,963,000 FROM THE 1982 URBAN DEVELOPMENT ACTION GRANT FOR PURPOSES OF ECONOMIC DEVELOPMENT. This bill had second reading. Council Member Beck made a motion to amend this bill as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Beck made a motion to pass this bill as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7117 -82 AN ORDINANCE APPROPRIATING $270,000.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT NO. 8206, JEFFERSON STREET PARKING GARAGE REPAIRS, WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT FUND. 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. RESOLUTIONS RESOLUTION NO. 998 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF A SCRAP DEALER'S LICENSE TO HERMAN T. WILLIAM, D /B /A SOUTH MAIN AUTO PARTS, 1819 SOUTH MAIN STREET, SOUTH BEND, INDIANA. WHEREAS, the Common Council of the City of South Bend recognizes the contributions that recycling operations make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of these facilities 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 recycling /transfer stations; and REGULAR MEETING OCTOBER 11, 1982 WHEREAS, in accordance with Ordinance No. 6998 -81 regulating the licensing of scrap yards in the City of South Bend, inspections were conducted by the Neighborhood Code Enforcement Office and the Fire Prevention Bureau of the property located at 1819 South Main Street, which property is in the process of being purchased by Herman T. Williams, d /b /a/ South Main Auto Parts; and WHEREAS, the above property has been operated as a scrap yard under a license issued on February 5, 1982, to South Bend Auto Parts, which ceases to exist, and continued operation of a scrap yard facility at this location is intended by Mr. Williams and, in fact, purchase of the property by Mr. Williams is contingent upon issuance of the appropriate license to him; and WHEREAS, no code violations on said property existed at the time of the inspection by the Neighborhood Code Enforcement Office on May 6, 1982 (a copy of said inspection report is attached hereto); however, a recommendation was made by the Fire Prevention Bureau on May 13, 1982 (a copy of which is attached hereto) that all hand fire extinguishe be checked and recharged if necessary since it appeared that some extinguishers had been used; and WHEREAS, since the purchase of the property by Mr. Williams is contingent upon issuance of an appropriate license, and since Mr. Williams does not as yet have access to the property in question, the Board of Public Works, at its meeting held on May 24, 1982, approved the issuance of a scrap dealer's license to South Main Auto Parts, subject to approval by the Common Council and compliance with the following requirements: 1. Any recommendations and regulations regarding fire prevention and safety measures as indicated by the Fire Prevention Bureau; and 2. Establishment of a 15 -foot buffer strip between the property lines and fencing which abuts public right -of -way, and any other changes necessary in fencing as a result of said buffer strip, which is a requirement for all new businesses or existing businesses which expand after July 1, 1980, as stipulated in Ordinance No. 6998 -81. Exhibit B, which is the proposed site plan, attached hereto and included herein, depicts the buffer strip to be established at said location. If weather prohibits the completion of the said buffer strip planting, this calendar year, a performance bond in an amount not less than $3,000 shall be filed with the Board of Public Works. 3. Compliance with the operation and maintenance rules and regulations set forth in Municipal Code Section 4 -51L. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. That the issuance of a scrap dealer's license for Herman T. Williams, d /b /a South Main Auto Parts, 1819 South Main Street, for the remainder of the 1982 calendar year is hereby approved subject to compliance with the above requirements. Said license shall be issued ONLY after full compliance of all aforesaid require- ments is met, and verified by inspection by the Fire Department Fire Prevention Bureau and Department of Code Enforcement. SECTION II. 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. Council Member Beck made a motion to accept the substitute resolution on file with the City Clerk, seconded by Council Member Zielinski. The motion carried. Jim Cook, real estate broker, indicated Mr. Williams plans to operate a new and used auto parts facility. He indicated that the survey of the property shows a total area in excess of an acre. He indicated the fence will be moved back to create a 15' buffer, and the sidewalk will be repaired and the area seeded. He asked that the license be issued upon erection of the fence. Ray Larson, Chairman of Wells Electronics; Gene Muia, of Muia Construction Company; and Jim Gross, president of Computer Associates; businesses in the immediate vicinity of this scrap yard, spoke against the granting of this license, due to the way it was previously operated. They indicated this property was an eyesore. Mr. Cook indicated this previous business was a scrap yard, and Mr. Williams plans to deal in late model salvage and new parts. Council Member Zielinski made a motion to amend this resolution under the last Whereas, by adding a paragraph 3, "Compliance with the operation and maintenance rules and regulations set forth in Municipal Code Section 4 -51L.; and in Section 1., after requirement is met, add "and verified by inspection by the Fire Department Prevention Bureau and Department of Code Enforcement." Kathleen Cekanski, Council Attorney, indicated the resolution should be further amended, in the fourth Whereas, to change the wording is now being operated, to has been operated, and after South Bend Auto Parts, add "which ceases to exist "; in paragraph 2, add "Exhibit B, which is the proposed site plan, attached hereto and included herein, depicts and buffer strip to be established at said location. If weather prohibits the completion of said buffer strip planting, this calendar year, a performance bond in an amount not less than $3,000 shall be filed with the Board of Public Works. Council Member Taylor made a motion to accept these amendments, seconded by Council Member Zielinski. Council Member Taylor made a motion to adopt this resolution, as amended, seconded by Council Member Zielinski. The motion carried on a roll call vote of nine ayes. s REGULAR MEETING OCTOBER 11, 1982 RESOLUTION NO.999 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING A LEASE AGREEMENT BETWEEN THE BOARD OF PUBLIC WORKS AND EDMARDE'S INC., D /B /A SENOR KELLY'S,FOR LEASE OF A PORTION OF ALLEN'S ALLEY. WHEREAS, the Board of Public Works, at its meeting held on August 9, 1982, determined that the following parcel of city -owned real estate was not necessary to the public use: That portion of a 14 -foot landscaped alley closed to vehicular traffic, officially referred to as Columbus Count and more commonly known as Allen's Alley, which extends east from Woodward Court to Michigan Street and which is bounded on the north by Colfax Avenue and on the south by Washington Street. WHEREAS, the Board of Public Works believes that it is in the best interests of the City of South Bend that the above public right -of -way be leased and has, therefore, given notice pursuant to I.C. 5 -3 -1 and has conducted a public hearing on the desirabilit of offering a portion of Allen's Alley for lease; and WHEREAS, subsequent to the public hearing which was held on August 9, 1982, arrangements were completed for appraisals of the property and bid date of August 30, 1982, was established for the receipt of sealed bids for its lease; and WHEREAS, Edmarde's, Inc., d /b /a/ Senor Kelly's, submitted the sole bid for lease of the property in the amount of the city's offering price of $1,500.00 annually and, on September 13, 1982, accepted the bid of Edmarde's, Inc. in accordance with the specifications for lease of the property in addition to the incorporation of two consecutive options to renew at the same rental per year, the first operation to be for three years and the second option for five years; and WHEREAS, the Board of Public Works and Edmarde's Inc. have entered into a Lease Agreement for lease of the subject property in accordance with the bid awarded on September 13, 1982, subject to approval by the Common Council as required by state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,IND AS FOLLOWS: SECTION I. That the Lease Agreement dated October 4, 1982, between the Board of Public Works and Edmarde's, Inc., d /b /a/ Senor Kelly's, for lease of the aforementione portion of Allen's Alley is hereby approved and confirmed, said Lease Agreement being attached hereto. SECTION 2. That his Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. John Leszczynski, Director of Public Works, indicated the annual rental payment would be $1,500, the remainder of the alley will be maintained by Edmarde's. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution passed by a roll call vote of nine ayes. BILLS, FIRST READING BILL N0. 1.15 -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) (4100 S. MAIN.) 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. 116 -82 This bill had first public hearing and The motion carried. BILL NO. 117 -82 This bill had first public hearing and The motion carried. A BILL APPROPRIATING $161,000.00 FROM THE MUNICIPAL BONDS OF 1981 FUND FOR MOTOR EQUIPMENT WITHIN THE STREET DEPARTMENT. reading. Council Member Beck made a motion to set this bill for second reading October 25, 1982, seconded by Council Member Taylor. A BILL APPROPRIATING $7,200.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR NEIGHBORHOOD CENTERS ACTIVITY TO BE ADMINISTERED BY THE DIVISION OF COMMUNITY DEVELOPMENT. reading. Council Member Beck made a motion to set this bill for second reading October 25, 1982, seconded by Council Member Taylor. REGULAR MEETING OCTOBER 11, 1982 BILL NO. 118 -82 A BILL APPROPRIATING $65,574.00 FROM THE EMERGENCY MEDICAL SERVICES FUND FOR CAPITAL REPAIRS WITHIN THE DEPARTMENT. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading October 25, 1982, seconded by Council Member Taylor. The motion carried. BILL NO. 119 -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) (935 SOUTH IRONWOOD.) This bill had first reading. Council Member Beck made a motion refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. UNFINISHED BUSINESS Report from Area Plan - 1329 E. Washington - Bill No. 107 -82 Council Member Zielinski made a motion to set this bill for public hearing and second reading October 25, seconded by Council Member Beck. The motion carried. PRIVILEGE OF THE FLOOR Mark Krorowski, 1227 Congress, indicated the beautiful fountain in front of the Morris Civic was being destroyed by putting the sculpture piece in it. There being no further business to come before the Council unfinished or new, Council Memer Beck made a motion to adjourn, seconded by Council Member Zielinski. The motion carried and the meeting was adjourned at 10:22 p.m. ATTEST: City Clerk AP ROVED: President