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HomeMy WebLinkAbout11-14-83 Council Meeting MinutesREGULAR MEETING NOVEMBER 14, 1983 S3 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, November 14, 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 McGann, Taylor, Zielinski, Harris, Voorde and Beck Absent: Council Member Crone 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 October 24, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Beverlie J. Beck Council Member Serge made a motion that the minutes of the October 24, meeting of the Council be accepted and placed on file, seconded by Council Member Zielinski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1094 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMEMORATING THE COUNTLESS CONTRIBUTIONS TO THE CITIZENS AND ORGANIZATIONS OF OUR COMMUNITY BY THE LATE JUDGE NORMAN KOPEC. WHEREAS, the residents of St. Joseph County and the City of South Bend are deeply saddened by the untimely passing of St. Joseph Superior Court Judge Norman Kopec; and WHEREAS, in Judge Kopec's eighteen years on the bench, he established a reputation of compassion for individuals and a driving desire to seek justice and fairness in each of his decisions; and WHEREAS, Judge Kopec's love of the law was also most evident in the stimulating undergraduate courses he taught over the years at Indiana University at South Bend and in the practice court sessions where he challenged countless numbers of Notre Dame law students during each trial; and WHEREAS, the Common Council recognizes above all else Judge Kopec's unique ability to always take time to say hello and talk wth those he passed in the rotunda of the Courthouse, in the halls of the colleges in which he taught and in numerous other places throughout our community; and WHEREAS, our entire Community has suffered a tremendous loss by the passing of a caring public servant who stood for integrity, and who truly "thirsted for justice ". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the Cty of South Bend, Indiana, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates the late Judge Norman Kopec for a life of dedicated public service to the legal profession and a unique ability to touch others with compassion. SECTION II. The Common Council expresses its deepest sympathy to the family of Judge Norman Kopec and especially to his wife Jean and their four children and hope that the abundant, rich memories of him will help brighten the days ahead. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Joeph T. Serge /s/ Beverlie J. Beck /s/ Walter M. Szymkowiak /s/ Lewis A. McGann /s/ Robert G. Taylor /s/ Raymond C. Zielinski /s/ Beverly D. Crone /s/ John J. Harris, Jr. /s/ John Voorde �yd REGULAR MEETING NOVEMBER 14, 1983 A public hearing was held on the resolution at this time. Council Member Voorde read the resolution, asked for a moment of silent prayer. He then presented the resolution to the children of Judge Kopec, as well as Judges Hosinski and Swartz. Council Member Voorde made a motion to adopt the resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of eight ayes. Council Member Taylor made a motion to set the next meeting for December 51 seconded by Council Member Serge. The motion carried. REPORTS Council Member Voorde indicated the Zoning and Vacation Committee had met on bill nos. 109, 99 and 102 -83. He indicated they recommended bill nos. 108 and 102 favorable; and Bill No. 99 -83 was given an unfavorable recommendation. Council Member Taylor indicated that the Human Resources Committee had met on bill nos. 119 and 120 -83, as well as resolutions 9A and 9B, and recommended them favorable. Council Member McGann made a motion to resolve into the Committee of the Whole, seconded by Council Member Taylor. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on November 14, at 7:10 p.m., with nine members present. Chairman Zielinski presiding. BILL NO. 108 -83 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) (5200 WEST LINDEN.) 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, of Area Plan, gave the staff report indicating they recommended this rezoning favorable. Art Perry, attorney for the petitioner, indicated they were given the land and they planned to build a Council Home for Knights of Columbus Archbishop John Carroll Council No. 5570. He asked that the following letter be entered as part of the record: The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 Gentlemen: Mr. Richard Van Overberghe representing the Knights of Columbus has contacted Colpaert Realty Corporation regarding a location for a nights of Columbus - Council Home. It is our wish to make a site available for this purpose as we believe that the Knights of Columbus are a service and family oriented organization that would be an asset to the people of this area. This company has only one remaining large Commercial parcel in the Belleville area which is the 3.6 acres at the corner of Linden Ave., and Mayflower Road. Inquiries during the past year lead us to believe that it would be a mistake to break up this tract by selling off parcels, we did not offer this to the Knights of Columbus. We also own approximately 15 acres of Residential "A" land in the Northwest part of the Belleville Subdivision. In 1973 we installed sanitary and storm sewers on the proposed extension of Summit Drive and Idlewood Drive. In 1974 the demand for single family homes in the area was not sufficient to continue a building program. Since that time we have offered these lots to local builders and to a housing manufacturer. We have been unable to interest anyone in building single family homnes, and this company has no plans to return to the building of single family homes. The proposed development of this residential area called for a single tier of lots on the West side of the proposed extension of Summit Drive. Neither Summit Drive nor the lots on either side of Summit Drive have been developed. These lots adjoin the Commcercially zoned tract and we believe that if these lots were used for a Knights of Columbus Council Home it would be a desirable buffer between the Commercial tract and the Residential area East of proposed Summit Drive. In view of this, we offered to donate these lots to the Knights of Columbus. At the present time there is a sanitary sewer on the South side of Linden Ave. and in the proposed extension of Summit Drive. The city water has been extended on Idlewood Drive to a point approximately 180 feet East of these lots. We will grant the Knights of Columbus an easement in the proposed right -of -way to hook up to the City Water. Respectfully, COLPAERT REALTY CORPORATION Joseph Colparet, President Siy / REGULAR MEETING NOVEMBER 14, 1983 Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 99 -83 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH INDIANA (CHAPTER 21, MUNICIPAL CODE) (BENDIX DRIVE ROAD.) COMMONLY BEND, AND CLEVELAND 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, of Area Plan, gave the staff report which was unfavorable regarding this rezoning. Daniel Manion, attorney representing the owner of the property, spoke against the rezoning of this property. Richard McCloskey, a real estate appraiser, gave the following report: "The property which is the subject of this analysis is a 40 acre tract measuring 660 feet east and west by approximately 2,640 north and south located at the northwest corner of the intersection of Bendix and Boland Drive in the vicinity of the airport and Industrial Park. The property is currently zoned "D" for light industrial use which appears to conform well to the surrounding property uses. The Airport Industrial Park has seen continual development over the past few years in spite of a recessionary economy and generally depressed real estate activity. Access to this area and specificall; to the subject property is quite convenient from the Indiana Toll Road and the U.S. 31 Bypass via Brick /Cleveland Road and Bendix Drive. There is no significant congestion along this route which facilitates access by industrial vehicles. Proximity to the Michigana Regional Airport makes industrial development in this area more desirable than in other areas located at a further distance from the airport. There has been a demonstrated demand for industrial use as it evident by existing development and recent development over the past few years in the immediate vicinity of this property. Residential use of this property would be inadviseable due to its proximity to expanding industrial development. Commercial use of the property would be an alternative, but is not considered viable at this time for the following reasons. Commercial development tends to spread from established commercial areas. The nearest established commercial area to the subject property is approximately 2 miles south at the intersection of Bendix Drive and Lincolnway West. There has been significant development at this location and several parcels of commercially zoned land are still available. There has been no commercial development in the vicinity of the subject property with the exception of a small convenience center in the vicinity of the Portage Place Apartments at the intersection of the Toll Road and Portage Avenue. There is insufficient residentia: base to support any significant commecial development at the location of the subject property. Most of the area is zoned and used for industrial purposes with the exception of the Maple Lane Fours and Portage Place Apartments across Bendix Drive from the subject property. The only significant single family residential development is the Council Oaks Subdivision Southeast of the subject property. As a result there has been no demonstrated demand for commercial land in the vicinity of the subject property. It will be many years, in my opinion, before the demand for commercial land in this location will be significant enough to enable development of the subject property. On the other hand, demand for industrial uses of the subject property has been demonstrate in the form of an existing option to purchase the subject property for industrial use. It is, therefore, my conclusion that this highest and best use of the subject property is, without a doubt, for industrial development. It is also my conclusion that, due to lack of demand for commercial use of the property, a significant devaluation of the property would result from rezoning the property from industrial to commercial use. Numerous industrial land sales have occured in this vicinity at a price of approximately $15,000 per acre. Lack of demand for commercial use in this area would reduce the value of this land to approximately $5,000 assuming a buyer could be found at all." Jack Dunfee, attorney representing the South Bend Community School Corporation, spoke against this rezoning. Council Member Taylor made a motion to give an unfavorable reommendation to the Council on this bill, seconded by Council Member McGann. The motion carried. BILL NO. 102 -83 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 10, SECTION 21 -170 ENTITLED PERMITTED SIGNS BY 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, of Area Plan, gave the staff report which recommended this bill favorable. Council President Beck made the presentation for the bill. She indicated this bill would clarify the types of signs permitted in "B" residential districts. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 119 -83 A BILL AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE, BY ADDING A NEW ARTICLE 13, ENTITLED ECONOMIC DEVELOPMENT TARGET AREAS. This being 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 that the Indiana General Assembly amended a portion of the Statutes dealing with the issuance of Industrial Revenue Bonds pertaining to commercial and retail business ventures and the Economic Development, by resolution, and the Common Council, by Ordinance, must designate certain areas in which commercial and business industrial revenue bonds issues would be permissible. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. s-y a REGULAR MEETING NOVEMBER 14, 1983 BILL NO. 120 -83 A BILL TRANSFERRING $6,433.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This 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, made the presentation for the bill. She indicated a substitute bill had been filed with the City Clerk. Council Member Taylor made a motion to consider the substitute bill on file with the City Clerk, seconded by Council Member McGann. The motion carried. She indicated this bill primarily represents reprogramming of funds to the current 1983 program year. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member McGann. The motion carried. BILL NO. 121 -83 A BILL APPROPRIATING INTEREST EARNED FROM THE PURCHASE OF CERTIFICATES OF DEPOSIT OUT OF THE PROCEEDS OF THE 1982 PARK DISTRICT BOND CONSTRUCTION FUND 50 IN THE AMOUNT OF $321,000.00. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. James Seitz, Superintendent of Parks, made the presentatiion for the bill. He indicated this bill would appropriate the interest earned of certificate of deposits from the proceeds of the 1982 Park District Bond. Council Member McGann 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 Beck. The motion carried. ATTEST: ATTEST: � Z _; City Clerk Ch man 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 7:55 p.m. Council President Beck presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 7265 -83 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) (5200 WEST LINDEN.) This bill had second reading. Council Member McGann made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. BILL NO. 99 -83 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) (BENDIX DRIVE AND CLEVELAND ROAD.) Council Member Taylor made a motion to defeat this bill, seconded -by Council Member McGann. The bill was defeated by a roll call vote of seven ayes and one nay (Council President Beck.) ORDINANCE NO. 7266 -83 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 10, SECTION 21- 170 ENTITLED PERMITTED SIGNS BY DISTRICTS. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zielinski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7267 -83 AN ORDINANCE AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE, BY ADDING A NEW ARTICLE 13, ENTITLED ECONOMIC DEVELOPMENT TARGET AREAS. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7268 -83 AN ORDINANCE TRANSFERRING $6,200.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN 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 McGann. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member McGann. The bill passed by a roll call vote of eight ayes. REGULAR MEETING NOVEMBER 14, 1983 ORDINANCE NO. 7269 -83 6 k1 3 AN ORDINANCE APPROPRIATING INTEREST EARNED FROM THE PURCHASE OF CERTIFICATES OF DEPOSIT OUT OF THE PROCEEDS OF THE 1982 PARK DISTRICT BOND CONSTRUCTION FUND 50 IN THE AMOUNT OF $321,000.00. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 1095 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 850 SOUTH MARIETTA STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement considered has been filed with the Common Council of the City of South Bend requesting that the area commonly known as 850 South Marietta Street, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Lots Numbered 120, 121, 122 and 123 in Edward H. Rush's First Addition t the City of South Bend, Plat Book 7, page 8 and Lots Numbered 37, 38, 39, 40 and 41 and a portion of Lot 42, all in Rachel Gallagher's First Addition to the City of South Bend, Indiana, Plat Book 5, page 22, and Lots Numbered 10, 11, 12 and portions of Lots 9, 13 and 14, 11 in Plat of Frantz' 3rd Addition to the City of South Bend, Indiana, Plat Book 5, page 17 and Lot 14 and a portion of Lot 15, both in Plat of Frantz' 2nd Addition to the City of South Bend, Plat Book 51 page 9. The foregoing Plat Books and ensuing Record Books are found in the Office of the Recorder for St. Joseph County, South Bend, Indiana, as is described more specifically as follows: Beginning at the Northwesterly corner of Lot 120 in said Edward H. Rush's First Addition; thence along the Easterly right -of -way of Marietta Street to the southwesterly corner of Lot 42 in said Rachel Gallagher's First Addition, South 0003130" East, 401.9 feet, more or less; thence along the northerly right -of -way of State of Indiana Road Numbered 23, as established in Record Book 646, page 512, to the northerly boundary of said Lot 42 in Rachel Gallagher's First addition, north 700 14' East, 111.5 feet, more or less; thence along the Northerly boundary of said Lot 42 in Rachel Gallagher's First ddition, also being the northerly right -of -way of said State of Indiana Road Numbered 23, to the northeasterly corner of said Lot 42, South 890 51' east, 15 feet; thence to the intersection of the northerly right -of way of said State of Indiana Road No. 23 and the easterly right -of -way of a 10 feet alley, as found in said Rachel Gallagher's First Addition, North 370 24' East 16.4 feet, more or less; thence along the northerly right -of -way of said State of Indiana Road No. 23, as established in Record Book 642, page 04, Record Book 642 page 01 and Record Book 646 page 509, to the easterly boundary of Lot 1 in said Frantz' 3rd Addition, North 580 41' East, 123.0 feet, more or less; thence along said easterly boundary of Lot 13 in Frantz's 3rd Addition, south 310 59' East 15.5 feet more or less; thence to the Southwesterly corner of Lot 15 in said Frantz' 2nd Addition, North 600 53' East, 10.4 feet, more or less, to a concrete right -of -way monument; thence along the westerly boundary of said Lot 15 in Frantz' 2nd Addition, to the Northerly right -of -way of said State of Indiana Road No. 23, as established in Record Book 650, page 596, North 55050' west, 1.0 foot, more or less; thence along said northerly right -of -way of said State of Indiana Road No. 23, north 580 46' East, 48.3 feet, more or less, to a concrete right -of -way monument; thence along said northerly right -of -way of State of Indiana Road No. 23 to its intersection with a line 5 feet northeasterly from the parallel to the centerline of George Avenue, North 500 44' East, 98.0 feet, more or less; thence along said line, North 310 59' 30" West, 101.1 feet, more or less thence to the centerline of George Avenue, south 580 01' west, 5.0 feet, more or less; thence along said centerline, North 10 59' 30" west 230.2 feet, more or less; thence to the southwesterly right -of -way of said George Avenue, South 58001' west, 20.0 feet, more or less; thence south 580 251west, 49.9 feet, more or less; thence south 890 57' west, 4.8 feet; thence to an extension of the northerly line of Lot 120 in said E. H. Rush's First Addition, South 0003' east 34.3 feet, more or less; thence on said extension and northerly line of Lot 120 in E. H. Rush's First Addition, North 89048' 30 west, 125.0 feet, more or less, to the point of beginning. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1, et seq; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1 et seq., and has further prepared maps plats showing the boundaries and such other information as required by law of the area in question, and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. 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 accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating Ali `// REGULAR MEETING NOVEMBER 14 1983 this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to casue antoice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Tom Gibson of the Holladay Corporation, indicated they planned to construct a multi - tenant industrial building of approximtely 27,200 square feet, with construction costs to exceed $800,000. He indicated this project was in a designated tax abatement district, and approximately twenty new jobs will be created. 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 eight ayes. RESOLUTION NO. 1096 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR 1984 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City, and is the applicant for Community Development Block Funds under Title I of the Housing and Community Development Act of 1974, as amended. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to submit the 1984 Community Development Block Grant Application to the United States Government under Title I of the Housing and Community Development. Act of 19741 as amended. SECTION II. That the Common Council of the City of South Bend, Indiana, hereby requests that the Mayor submit the 1984 Community Development Block Grant Application to the Common Council for review and comments prior to.the date upon which the Community Development Block Grant Application must be filed with the Department of Housing anbd Urban Development. SECTION III. That for every activity, project, or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Community Development Block Grant funds received upon approval of this application. SECTION IV. 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/ Beverlie J.Beck Member of the Common Council A public hearing was held on the resolution at this time. Colleen Rosenfeld, Director of Community Development, indicated this resolution would authorize the Mayor to submit the City's application for 1984 Community Development Block Grant Funds. Council Member Zielinski made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1097 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE NATIONAL ENDOWMENT FOR THE HUMANITIES AN APPLICATION FOR A PLANNING GRANT. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City and is the applicant for the National Endowment for the Humanities funds for Discovery Hall. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the Mayor of the City of South Bend is hereby authorized to submit an application for $14,900.96 to the National Endowment for the Humanities for the purpose of planning interpretive exhibits at Discovery Hall's Studebaker Museum. S~ 4-15- REGULAR MEETING NOVEMBER 14, 1983 SECTION II. That for every category established under this resolution the Mayor shall submit to the Common Council a line item budget in ordinance form prior to any expenditures of any grant money received upon approval of the application. SECTION III. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Craig Hartzer, administrative assistant to the Mayor, indicated this resolution would authorize the Mayor to submit to the National Endowment for the Humanities a grant application for a planning grant for the Studebaker Exhibit of Discovery Hall Museum. He indicated the grant will not require an additional appropriation from the Council. Council Member Zielinski made a motion to adopt the resolution, seconded by Council member Serge. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1098 -83 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE DIVISION OF TRAFFIC SAFETY, INDIANA DEPARTMENT OF HIGHWAYS, FOR A HIGHWAY SAFETY PROJECT GRANT. WHEREAS, the Mayor of the City of South Bend is the chief executive officer of the City and is the applicant for a Highway Safety Project Grant from the Division of Traffic Safety of the Indiana Department of Highways. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND COMMON COUNCIL, as follows: SECTION I. That the Mayor of the City of South Bend is hereby authorized to submit an application to the Division of Traffic Safety of the Indiana Department of Highways for a Highway Safety Project Grant in the amount of $4,781.25 for purchase of breathalizer equipment to improve our enforcement of traffic safety laws. Local matching funds would be provided out of the Police Department budget in the amount of $1,593.75. SECTION II. For every catagory established under this resolution the Police Department shall submit to the Common Council a line item budget in ordinance form prior to any expenditures of money received upon approval of the application. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council Police Captain Gargis indicated that if the City received this grant they would purchase new breathalizer equipment. He indicated the new equipment would be placed in the County Jail, and field test equipment would be placed in the six traffic cars. Council Member Zielinski made a motion to adopt this resolution, seconded by Council Member Harris. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1099 -83 A RESOLUTION REDUCING THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO ZERO. In order to provide needed funds for operations, it is necessary to reduce the Cumulative Sewer Building and Sinking Fund tax rate and levy to zero. Therefore, additional monies will be available to be used in other property tax supported funds for necessary expenditures. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the Cumulative Sewer Building and Sinking Fund Tax Rate be reduced from .0943 in 1983 to zero in 1984. SECTION II. That the property tax levy for the Cumulative Sewer Building and Sinking Fund be reduced from $395,163.00 in 1983 to zero in 1984. SECTION III. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Sherrie Petz, Deputy Controller, indicated the State Board of Tax Commissioners required this resolution in order to reduce the tax rate and levy to zero. She indicated the 1984 budget was passed with j S- y �. REGULAR MEETING NOVEMBER 14 1983 no rate and levy the this Fund. 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 eight ayes. BILLS, FIRST READING ORDIANNCE NO. 7270 -83 AN ORDINANCE APPROPRIATING $100,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING TRUST FUND FOR OPERATING COSTS OF THE PARKING GARAGES OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Serge made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Zielinski. The motion carried on a roll call vote of eight ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Sherrie Petz, Deputy Controller, made the presentation for the bill. She indicated that on October 28 the Council passed an ordinance appropriating $100,000 for the parking garages. The appropriation was advertised in the Tri- County News, however, the Tribune failed to advertise this particular appropriation. Therefore, another bill must be passed. She indicated this bill has been advertised for public hearing this evening. Council Member Taylor made a motion to pass this bill, seconded by Council Member McGann. The bill passed by a roll call vote of eight ayes. BILL NO. 123 -83 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) (1815 E. IRELAND.) This bill had first reading. Council Member Serge made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO 124 - -83 A BILL AUTHORIZING THE ISSUANCE AND SALE OF $3,000,000 ECONOMIC DEVELOPMENT REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO BEATRICE FOODS CO., IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES LOCATED IN THE UNINCORPORATED AREA OF ST. JOSEPH COUNTY; AUTHORIZING EXECUTION OF A LOAN AGREEMENT; PROVIDING FOR THE DELIVERY OF A NOTE AND ASSIGNMENT THEREOF AS SECURITY FOR SAID BONDS; AUTHORIZING AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF THE REVENUES FROM SUCH NOTE­ AUTHORIZING EXECUTION OF A BOND PURCHASE AGREEMENT AND AN OFFERING MEMORANDUM; AND AUTHORIZING THE TERMS AND SALE OF SAID BONDS. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading December 5, seconded by Council Member Taylor. The motion carried. BILL NO. 125 -83 A BILL TRANSFERRING $850,000.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading December 5, and refer it to the Human Resources Committee, seconded by Council Member Harris. The motion carried. BILL NO. 126 -83 A BILL APPROPRIATING $3,257,740.00 FROM THE COMMUNITY DEVELOPM 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 JANUARY It 1984 AND ENDING DECEMBER 31, 1984 TO BE ADMINISTERED THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 5, and refer it to the Human Resources Committer seconded by Council Member Zielinski. The motion carried. BILL NO. 127 -83 A BILL APPROPRIATING $71,281.46 FROM THE CRIME CONTROL FUND FOR COMPUTER TERMINALS. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading December 5, and refer it to the Personnel and Finance Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 128 -83 A BILL APPROPRIATING $75,000 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS THE GENERAL REVENUE SHARING TRUST FUND FOR OFFICE AUTOMATION EQUIPMENT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 5, and refer it to the Personnel and Finance Committee, seconded by Council Member Zielinski. The motion carried. REGULAR MEETING NOVEMBER 14, 1983 BILL NO. 129 -83 SY7 A BILL TRANSFERRING MONIES BETWEEN VARIOUS ACCOUNTS IN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading December 5, and refer it to the Personnel and Finance Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 130 -83 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) (1017 S. 21ST STREET.) This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Serge. The motion carried. BILL NO. 131 -83 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS WITHIN VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading December 5, and refer it to the Personnel and Finance Committee, seconded by Council Member Harris. The motion carried. PRIVILEDGE OF THE FLOOR Ralph Johnson, 734 N. Cushing, asked that Priviledge of the Floor be put first on the agenda. Mike McFarland, 1733 O'Brien, spoke regarding the South Bend Community School Corporation. 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 McGann. The motion carried and the meeting was adjourned at 8:20 p.m. ATTEST: " A"-� City Clerk APPROVED: resident