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HomeMy WebLinkAbout12-06-82 Council Meeting Minutes3' REGULAR MEETING DECEMBER 6, 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, December 6, 1982, at 7:00 p.m. The meetling 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 November 22, 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 November 22, 1982, meeting of the Council be accepted and placed on file, seconded by Council Member Zielinski. The motion carried. SPECIAL BUSINESS Council Member Beck made a motion to set the Council's organizational meeting for January 3, 1982, at noon. -� Council Member Beck 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 December 6, 1982, at 7:05 p.m., with nine members present. Chairman Voorde presiding. BILL NO. 136 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST - SOUTH, EAST -WEST ALLEY, SOUTH OF WESTERN AVENUE, RUNNING'' WEST FROM ARNOLD STREET FOR A DISTANCE OF 92 FEET, THENCE NORTH A DISTANCE OF 80 FEET MORE OR LESS TO THE SOUTH RIGHT OF WAY OF THE PRESENT 12 FOOT ALLEY, ALL BEING IN GUILFOYLE'S PROPOSED SUBDIVISION OF POINT OF B.O. L. 94 IN THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member McGann made a motion to amend the bill in Section IV, by changing lot numbered 6 to read Lot Number 5 in two places, and add the following language to the end of that paragraph: Petitioners agree to dedicate said footage of Lot No. 5 to the City of South Bend so that the alley can be extended in an easterly direction to intersect with Arnold Street. This ordinance shall be conditioned upon the owner of Lot No. 6 dedicating a corresponding six (6) foot portion in order to provide a total of twelve (12) feet for an alley to rune -in an easterly direction to Arnold Street., seconded by Council Member Harris. The motion carried. Anthony Zappia, attorney representing the petitioner, made the presentation for the bill. He indicated that as this alley now exists it serves no useful purpose. He indicated there was a need for access to Arnold Street, therefore, the petitioner will give six foot of Lot 5, and the owner of Lot 6 would give six foot, so in essence there would be a 12 foot alley. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. BILL NO. 134 -82 A BILL AUTHORIZING THE ISSUANCE AND SALE OF $5,000,000 SOLID WASTE DISPOSAL REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO WASTE MANAGEMENT, INC., IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN POLLUTION CONTROL FACILITIES LOCATED IN ST. JOSEPH COUNTY, INDIANA; AUTHORIZING EXECUTION OF A LOAN AGREEMENT; AUTHORIZING AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF THE REVENUE FROM SUCH LOAN AGREEMENT; AND AUTHORIZING THE TERMS AND SALE OF SAID BONDS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Charles Boynton, representing special counsel for the Economic Development Commission, indicated this bill was to 3 REGULAR MEETING DECEMBER 6, 1983 be amended to reduce the bond to $4,000,000, for ten years. He indicated this issue would create one new job an preserve six other positions. Council Member McGann made a motion to accept the substitute bill on file with the City Clerk, seconded by Counci Member Crone. The motion carried. Kevin Butler, attorney representing Waste Manageme Inc., indicated this was the only licensed landfill for solid waste disposal in the county. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Membr Serge. The motion carried. BILL NO. 140 -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 APROVING THE RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE JOHN A LEVY, TIMOTHY MATHIAS, AND CHARLES C. DAVIS PROJECT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney represel the petitioner, made the presentation for the bill. He indicated this $350,000 bond issue was for the purchase of land, as well as the purchase and renovation of a structl that is located at the Southeast corner of Washington and William. He indicated the facilty will be leased to General icrocomputer. He indicated that approximately 6 -7 new jobs will be created. Dan Peifer, attorney representing the petitioner, spolke in favor of this bond issue. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. BILL•NO. 135 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF SANCOME AVENUE THAT LIES NORTH OF THE NORTH RIGHT - OF -WAY LINE OF CALIFORNIA AVENUE EXTENDED WEST TO THE SOUTHER RIGHT -OF -WAY OF THE CHICAGO, INDIANA AND SOUTHERN RAILROAD AND WEST OF AND ADJACENT TO LOT 12 IN S.B. APT. BLDG. CORP. 1ST ADDITION TO THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ronald Schmanke, 1421 California made the presentation for the bill. He indicated portion of Sancome was not being used, and he wanted it vacated in order to build a garage. Concil Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Harris. The motion carried. BILL- NO. 141 -82 A BILL AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, REGULATING THE SUBDIVISION OF LAND IN ZONING DISTRICTS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Magliozzi, representing Area Plan, made the presentation for the bill. He indicated the intent of the bill was to amend City and County Zoning Ordinances to specify that the subdivision of land may occur in all zoning districts. He indicated this was a requirement of Public Law 211, 1982 regulating the subdivision approval process within the State. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 142 -82 A BILL AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE REGULATING SUBSTANDARD BUILDINGS. This being the time heretofore set for public hearing on the above bill, proponents }-and opponents were given an opportunity to be heard. Kathy Barnard, Director of Code Enforcement, made the presentation for the bill. She indicated this would bring the City in conformance with the recently recodified State statute entitled Encorcement of Building Standards. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Cuncil Member Serge. The motion carried. BILL- NO. 143 -82 A BILL APPROPRIATING $14,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE REPAIR OF TRUCK LIFTS FOR 1982 TO BE ADMINISTERED BY THE BUREAU OF TRAFFIC AND LIGHTING WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. this being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczynski, Director of Public Works, made the presentation for the bill. He indicated this appropriation would be used for the repair of truck lifts used for the repair and maintenance of traffic signal equipment. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Harris. The motion carried. BILL NO. 144 -82 A BILL APPROPRIATING $150,000.00 FROM THE COMMUNITY DEVELOPN BLOCK GRANT FUND FOR THE COMPETITIVE HOUSING GROUP PROJECT TO BE ADMINISTERED BY THE DIVISION OF COMMUNITY DEVELOPMENT. Thi -s being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Colleen Rosenfeld, Director of Community Development, indicated this bill would appropriate funds for the Competitive Housing Group Project, primarily thrugh not - for - profit organizations. She indicated the bill should be amended in Section I, by breaking out the Program No., Description, ing e En REGULAR MEETING DECEMBER 6 1983 and Amount, as follows: CD 82- 106.1, for Renew, Inc., $40,000; CD 82- 106.21 for Neighborhood Housing Service, $57,000; CD 82- 106.3, Southold Heritage, $53,000. Council Member Taylor made a motion to amend the bill, seconded by Council Member Beck. The motion carried. LaMar Wilson, Director of Neighborhood Housing Service, spoke in favor of this bill. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 145 -82 A BILL APPROPRIATING $94,900.00 FROM THE SEWAGE DEPRECIATION FUND TO THE BUREAU OF WASTEWATER DEPRECIATION BUDGET LINE ITEMS: 416 BUILDING, STRUCTURES, IMPROVEMENT $89,900.00; 429 OTHER EQUIPMENT, $5,000.00. This being 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 appropriation would be used to purchase plastic and fiberglass chains, sprockets and flights to replace worn out metal equipment, as well as roof repairs to the Administration building and Digestors; and the purchase of new pumps for Digestors three and four. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Zielinski. The motion carried. Council Member McGann made a mtoion to combine public hearing on th next two bill, seconded by Council Member Harris. The motion carried. BILL NO. 146 -82 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS BETWEEN VARIOUS DEPARTMENTS WITHIN THE GENERAL FUND AND THE CENTURY CENTER BOARD OF MANAGERS FUND. BILL NO. 147 -82 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Sherrie Petz, Deputy Controller, made the presentation for the bills. She indicated that substitute bills had been filed with the City Clerk. Council Member McGann made a motion to accept the substitute bills on file with City Clerk, seconded by Council Member Zielinski. The motion carried. She indicated that Bill No. 146 -82 would transfer monies between cost enters within the General Fund and the Century Center Operations Fund. She indicated that Bill No. 147 -82 would transfer monies between various accounts within the cost centers of several funds. Council Member Crone made a motion to amend the bill on page 2, Engineer,-change account 429 from office equipment to other equipment; on page 3, Police Department change gas account number from 353 to 352, seconded by Council Member McGann. The motion carried. Council Member Harris made a motion to amend the bill on page 6, Bureau of Streets, account 358 from Battle to Bottle, seconded by Council Member Zielinski. The motion carried. Council Member Crone made a motion to amend the bill on Page 7, Sanitation, by changing account 210.0 to account 210.1, Office Supplies, seconded by Council Member Zielinski. The motion carried. Council Member Crone made a motion to amend the bill on page 8, Discovery Hall, by changing account 234.0, from Building Maintenance to Building Material. The motion carried. Council Member Beck made a motion to recommend Bill No. 146 -82, to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. Council Member Serge made a motion to recommend Bill No. 147 -82, to the Council favorable, as as amended, seconded by Council Member Beck. The motion carried. BILL NO. 148 -82 A BILL REDUCING ORDINANCE NO. 7117 -82, JEFFERSON STREET PARKING GARAGE REPAIRS, FROM $270,000.00 TO $230,000.00. This being 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 that due to low bid submission for the repair work to the Jefferson Street Parking Garage, all the funds appropriated are not needed. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The lmotion carried. BILL NO. 149 -82 A BILL APPROPRIATING $96,889.00 TO THE BUREAU OF SEWERS OPERATING BUDGET: 228 TIRES AND TUBES, $1,704.00; 230 MAINT. SUPPLIES - BLDG., & STRUCT., $36,935.00; 357 FUEL OIL, $14,500.00; 363 EQUIPMENT REPAIR, $32,375.00; 399 OTHER CONTRACTUAL, $11,375.00, ALL ACCOUNTS BEING WITHIN THE SEWAGE WORKS OPERATION AND MAINTENANCE FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. He indicated that this appropriation was needed due to the many cave -ins, the stepping up of the paving program, and the additional costs associated with the new landfill site. He indicated that the equipment repair monies was needed due to an increase in transmission repairs, and the loss of one diesel engine. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Crone. Themotion carried. There being no further business to come before the Committee of the Whole, Council Member Zielinski 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 8:50 p.m. REGULAR MEETING DECEMBER 6, 1983 ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: hairm 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 andnine members present. BILLS, SECOND READING ORDINANCE NO. 7140 -82 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIR SOUTH, EAST -WEST ALLEY, SOUTH OF WESTERN AVENUE, RUNNING WEST FROM ARNOLD STREET FOR A DISTANCE OF 92 FEET, THENCE NORTH A DISTANCE OF 80 FEET MORE OR LESS TO THE SOUTH RIGHT -OF -WAY OF THE PRESENT 12 FOOT ALLEY, ALL BEING IN GUILFOYLE'S PROPOSED SUBDIVISION OF POINT OF B.O.L. 94 IN THE CITY OF SOUTH BEND. 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 the bill, as amended, seconded by Council Member Zielinski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7141 -82 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $4,000,000 SOLID WASTE DISPOSAL REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO WASTE MANAGEMENT, INC., IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN POLLUTION CONTROL FACILITIES LOCATED IN ST. JOSEPH COUNTY, INDIANA; AUTHORIZING EXECUTION OF A LOAN AGREEMENT; AUTHORIZING AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF THE REVENUE FROM SUCH LOAN AGREEMENT; AND AUTHORIZING THE TERMS AND SALE OF SAID BONDS. This bill had second reading. Council Member Taylor made a motion to amend this bill, as mended in the Committee of the Whole, seconded by Council Member Beck. 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 nine ayes. ORDINANCE NO. 7142 -82 AN ORDINANCE APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APROVING THE RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE JOHN A LEVY, TIMOTHY MATHIAS, AND CHARLES C. DAVIS PROJECT. This bill had second reading. Council Member Serge made a motion to pass this bill, s Member Beck. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7143 -82 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF SANCOME AVENUE THAT LIES NORTH OF THE NORTH RIGHT -OF -WAY LINE OF CALIFORNIA AVENUE EXTENDED WEST TO THE SOUTHERLY RIGHT -OF -WAY OF THE CHICAGO, INDIANA AND SOUTHERN RAILROAD AND WEST OF AND ADJACENT TO LOT 12 IN S.B. APT. BLDG. CORP. 1ST ADDITION TO THE CITY OF SOUTH BEND. 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. 7144 -82 AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, REGULATING THE SUBDIVISION OF LAND IN ZONING DISTRICTS. 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. 7145 -82 AN ORDINANCE AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE REGULATING SUBSTANDARD BUILDINGS. 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. 7146 -82 AN ORDINANCE APPROPRIATING $14,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE REPAIR OF TRUCK LIFTS FOR 1982 TO BE ADMINISTERED BY THE BUREAU OF TRAFFIC AND LIGHTING WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. T led by Coun¢: I REGULAR MEETING DECEMBER 6, 1983 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. 7147 -82 AN ORDINANCE APPROPRIATING $150,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE COMPETITIVE HOUSING GROUP PROJECT TO BE ADMINISTERED BY THE DIVISION OF COMMUNITY DEVELOPMENT. 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 Zielinski. 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 nine ayes. ORDINANCE NO. 7148 -82 AN ORDINANCE APPROPRIATING $94,900.00 FROM THE SEWAGE DEPRECIATION FUND TO THE BUREAU OF WASTEWATER DEPRECIATION BUDGET LINE ITEMS: 416 BUILDING, STRUCTURES, IMPROVEMENT $89,900.00; 429 OTHER EQUIPMENT, $5,000.00. 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. 7149 -82 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS BETWEEN VARIOUS DEPARTMENTS WITHIN THE GENERAL FUND AND THE CENTURY CENTER BOARD OF MANAGERS FUND. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Beck. 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 nine ayes. ORDINANCE NO. 7150 -82 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA. 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 the bill, as amended, seconded by Council Member Zielinski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7151 -82 AN ORDINANCE REDUCING ORDINANCE NO. 7117 -82, JEFFERSON STREET PARKING GARAGE REPAIRS, FROM $270,000.00 TO $230,000.00. This bill had second reading. Council Member Voorde made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7152 -82 AN ORDINANCE APPROPRIATING $96,889.00 TO THE BUREAU OF SEWERS OPERATING BUDGET: 228 TIRES AND TUBES, $1,704.00; 230 MAINT. SUPPLIES - BLDG., & STRUCT., $36,935.00; 357 FUEL OIL, $14,500.00; 363 EQUIPMENT REPAIR, $32,375.00; 399 OTHER CONTRACTUAL, $11,375.00, ALL ACCOUNTS BEING WITHIN THE SEWAGE WORKS OPERATION AND MAINTENANCE FUND. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Zielinski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1018 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, BRINGING LEGISLATIVE OFFICIALS OF THE CITY UNDER THE O.A.S.I. PROGRAM. WHEREAS, the August 11, 1952, O.A.S.I.Resolution of the Common Council of the City of South Bend excluded the legislative officals of the city from Old Age and Survivors Insurance Program coverage; and WHEREAS, the City now desires to include the City legislative officials in such insurance coverage. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. That the legislative officials of the City of South Bend, Indiana, commonly known as the South Bend Common Council, be included in the Old Age and Survivors Insurance Program which was established under the August 11, 1952, O.A.S.I. Resolution. 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 REGULAR MEETING DECEMBER 6, 1983 A public hearing was held on the resolution at this time. Sherrie Petz, Deputy Controller indicated this resolution was a suggestion of the State Board of Accounts. She indicated this resolution will amend the resolution passed in 1952, which exempted legislative officials from the election of OASI, and bring the resolution into compliance with present practice. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1019 -82 AN INDUCEMENT RESOLUTION RELATING TO THE FINANCING OF ECONOMIC DEVELOPMENT FACILITIES FOR BEATRICE FOOD CO. WHEREAS, at the present time there 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 pursuant to the provisions of Indiana Code 36 -7 -12 (the "Act "); and WHEREAS, Beatrice Foods Co. (the "Company "), proposes to acquire and construct economic development facilities as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; NOW, THEREFORE, the Common Council of the City of South Bend, Indiana, resolves as follows: 1. The Project constitutes economic development facilities which may be financed by the City through the issuance of revenue bonds pursuant to the Act, and the City is willing upon compliance with all provisions of Indiana law to authorize the issuance of its revenue bonds in an amount of approximately $2,500,000.00 (or such lesser amount as may be agreed upon), which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 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. The Company may proceed with acquisition and construction of the economic development facilities in reliance upon this resolution. 4. The liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such bonds, and the South Bend Economic Development Commission, South Bend Common Council and the City of South Bend, Indiana, their officers or agents, shall not incur any liability if for any reason the proposed issuance of such bonds is not consummated. This Inducement 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. Kenneth Fedder, attorney for the Economic Development Commission, indicated this proposed bond issue would be for the acquisition of the Gentner Packing Company. He indicated it would be used as a veal processing plant. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 151 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING SECTION 4 -20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS AUTOMOTIVE REPAIR AND SERVICE CENTERS. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading January 10, 1983, and refer it to the Public Safety Committee, seconded by Council Member Crone. The motion carried. BILL NO. 152 -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) (316 SOUTH ST. JOSEPH.) This bill had first reading. Council Member Zielinski made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 153 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VARIOUS ALLEYS WITHIN THE OLIVE - SAMPLE STREET OVERPASS PROJECT AREA LYING NORTH OF SAMPLE STREET, SOUTH OF FORD STREET, EAST OF BENDIX STREET AND WEST OF PHILLIPA STREET. 4 c'Q 03 REGULAR MEETING DECEMBER 6, 1983 This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading January 10, 1983, seconded by Council Member Zielinski. The motion carried. BILL NO. 154 -82 A BILL APPROPRIATING $93,500 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF COMPLETING AND EXPANDING CERTAIN CURRENT PROJECT ACTIVITIES, AND INITIATING NEW PROJECT ACTIVITY. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading January 10, 1983, and refer it to the Economic Development Committee, seconded by Council Member Zielinski. The motion carried. BILL NO. 155 -82 This bill had first public hearing and The motion carried. A BILL APPROPRIATING $27,000.00 FROM THE LOCAL EQUAL HOUSING OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. reading. Council Member Crone made a motion to set this bill for second reading January 10, 1982, seconded by Council Member Harris. PRIVILEGE OF THE FLOOR Glendarae Hernandez, 702 E. Scott, indicated that the City should have safety standards regarding wood burning stoves. Kathy Barnard, Dirctor of Code Enforcement, indicated the Building Department was working on this matter. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Zielinski. The motion carried and the meeting was adjourned at 9:20 p.m. ATTEST: eF City Clerk APPRO D: Press ent