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HomeMy WebLinkAbout09-12-77 Council Meeting MinutesREGULAR MEETING SEPTEMBER 12, 1977 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, September 12, 1977, at 7:00 p.m. Council President Roger O. Parent presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent. ABSENT: None REPORT FROM THE SUB - COMMITTEE ON MINUTES Approval of the minutes will be made at the next meeting, in order that all changes in the City Budget may be amended. Council Member Adams made a motion to resolve into the Committee of the Whole, seconded by Counci Member Dombrowski. 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 Monday, September 12, 1977, at 7:10 p.m., with nine members present. Chairman Frank Horvath presiding. BILL NO. 110 -77- A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO-MIDSTATE POWER TRANSMISSION COMPANY, INC. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He said this was for expansion in the Industrial Development Park. He said there will be two new jobs created. He said representatives of the company were in the Chambers to answer any questions the Council might have. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 134 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO FBT BANCORP, INC., AND INDIANA CORPORATION (FBT BANCORP, INC., PROJECT.) This being the time heretofore set for public hearing on the above bill, proponents and opponentE were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He said this was for expansion in the Industrial Development Park. He said this was a reissue. He said the original bond was issued in November of 1973. He said the original bond will be paid off and the balance will be used to build an adjacent facility. He said there would be four additional jobs created. Council Member Szymkowi made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrou Council President Parent questioned Mr. Fedder regarding how a reissue was handled. Mr. Fedder explained how this type of bond was handled. Mr. Warren McGill, attorney for FBT Bancorp, in- dicated that approximately $597,000 will be used to pay off the existing bond and the difference will be used to build the new facility. The motion carried. BILL NO. 136 -77 A BILL APPROVING THE FORM AND TERMS.OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO DIXIE DEVELOPMENT PARTNERSHIP. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development. Commission, made the presentation for the bill. He said this was to construct a family restaurar at 52129 U. S. 31 North. He said the necessary County Council approval had been received. He said there will be forty -five new jobs created. He said there were personnel from the company, as well as their attorney, in the Chambers. Council Member Adams indicated this was the first time since she has been on Council that they have approved a bond for the county. She asked if there were sufficient moneys available for the City. Mr. Fedder indicated there was Economic Development moneys available for the City. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. .3 REGULAR MEETING SEPTEMBER 12, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 64 -77 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) (1311 E. IRELAND ROAD). This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the petitioners, made the presentation for the bill. He said this bill was to rezone this property from "C" commercial "A" height and area, to "C" commercial "A" height and area to build a restaurant. He said the Area Plan Commission gave a favorable recommendation to this rezoning. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 65 -77 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) (2318 ELWOOD). This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Richard Morgan, attorney for the petitioners, made th presentation for the bill. He said the property is located at the southeast corner of the inter- section of Elwood and Olive. He said this petition seeks to rezone a portion of this property from "A" residential to "C" commercial. He said the property owners have entered into an agree- ment to purchase this property, with 7 -11 Stores. He said Area Plan had recommended this rezonin favorable. Council Member Szymkowiak made a motion to recommend this bill to the Council favorab seconded by Council Member Dombrowski. The motion carried. BILL NO. 99 -77 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) (WEST SIDE OF LOGAN STREET, NORTH OF JEFFERSON BLVD.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Richard Mintz, attorney for the petitioner, made the presentation for the bill He said this petition seeks to have this property rezoned from resi- dential to commercial. He said Area Plan recommended unfavorable on this petition. He said this was not a residential area and'described the surrounding properties, which are commercial. He said Logan will be widened to four lanes and there is a chance that more commercial businesses will be coming into the area. He said they intended to build a Famous Receipe Chicken restaurant He said this was a family type restaurant. He said there will be screening by shrubs from four to six feet in height. He said they would be willing to build a redwood fence, or whatever screening the Council would deem necessary. Mr. Ted Noell, a local attorney, presented a petitio in opposition of this rezoning. He said there was other land available that could be used. Mr. Tom Beatty, 310 S. 36th, spoke in opposition to this rezoning. He said his property was adjacent to this proposed rezoning. Mr. Budson, of Van Restaurants Inc., Fort Wayne, Indiana, said they picked this site because they wanted to be in South Bend. He said they could go across the street to Mishawaka, where the zoning was commercial. Mr. Donald Sloan, 239 S. Logan, spoke in opposition of this bill, because of the traffic and smell from the restaurant. Mr. Freeman Yeage . indicated that they have owned this property for ten years, paying less than $100 taxes to the City per year. He said this property could not be sold as residential. He said there ire a lot of other things that could be put on the property that would be worse than a restaurant. He said if this property is not rezoned the restaurant would go to Mishawaka. Mr. Yale Pittman, 314 S. 36th Street, indicated he was not opposed to the rezoning, but he was opposed to this type of business going in at that location. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. Council Member Serge in- dicated that after viewing the location, and considering the problem with our City tax base, he realized he had made a mistake in voting against this in Area Plan. Council Member Miller made a motion to amend the bill by adding "subject to a final site plan and to include redwood fencing on the west ", to Section I of the bill, seconded by Council Member Adams. The motion carried. Council President Parent indicated he did not feel this type of business was appropriate for this area. Council Member Dombrowski indicated he was in favor of this type of business for the area. Council Member Horvath asked about right -of -way to expand Logan Street to four lanes. Mr. McMahoi indicated he was not certain if they would need additional right -of -way. Council Member Serge asked Mr. Budson what would be spent on this building. Mr. Budson indicated it would be in the area of $175,000. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 91 -77 A BILL APPROPRIATING $360,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, TO IMPROVE THE FIRE- FIGHTING CAPACITY OF SOUTH BEND'S FIRE DEPARTMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES /DIVISION OF COM- MUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. Fire Chief Van Wiele asked that this bill be postponed until the first meeting in October, in order to give the architect time to finish the plans. Council Member Dombrowski made a motion to continue public hearing on this bill until October 10, 1977, seconded by Council Member Kopczynsk: Mrs. Ralph Prezestwor, 918 Elmer, asked if it would be feasible to use Station 11. She said the house next door was for sale and the City could buy it for expansion for the station. The motion carried. BILL NO. 116 -77 A BILL APPROPRIATING $7,500 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING FOR VARIOUS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH LEND THROUGH THE DE- PARTMENT OF ADMINISTRATION AND FINANCE. e, �, COMMITTEE OF THE WHOLE MEETING (CONTINUED This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He said the use of CCIF money for this program would affect the entire allocation. He said there was not enough balance in any account in the Legal Department's budget to trans- fer money. He said that preliminary engineering figures indicate that it would possibly cost $7,5000 to do this remodeling. Council Member Adams.indi.cated that with the tight Revenue Shari funds available, she thought this should be put in abeyance until the Council knew the status of the funds available. She said at a maximum she felt .$2,000 was needed to do.this remodeling. ,She made a motion to recommend this bill to the Council unfavorable, seconded by Council Preside Parent. Council President_ Parent asked how many attorneys worked full -time for the City. Mr. Mullen indicatedthat none worked full- time. Council President Parent indicated there were three offices with doors so they could have privacy. He said he felt this could be done for about half of the estimated price. Council President Parent withdrew his second to the motion, and Council Member Horvath seconded the motion. Council Member Szymkowiak indicated the Law Depart- ment needed more privacy. Council Member Adams indicated that two more offices could be added for $1,000. She asked that the Council support her motion to recommend this bill to the Council unfavorable. Council Member Szymkowiak made a motion to recess, seconded by Council President Parent. No action was taken on the motion. Council Member Horvath indicated he did not feel they should spend this type of money to move a few walls. He indicated he supported Council Member Adams' motion. A roll call vote was taken on the motion, and it failed by a vote of three ayes (Council Members Kopczynski, Adams and Horvath) and six nays (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski and Parent). Council President Parent made a motion to amend this bill to $5,000, seconded by Council Member Dombrowski. Council Member Adams made a motion to recess, seconded by Council Member Kopczynski. The meeting was recessed at 8:25 p.m. and reconvened at 8:57 p.m. Mr. Thomas Brunner, City Attorney, spoke regarding the needed re- modeling. The motion carried, with Council Member Adams opposing. Council President Parent made a motion to recommend this bill, as amended, to the Council favorable, seconded by Council Member Taylor. The motion carried with Council Members Adams and Horvath opposing. BILL NO. 120 -77 A BILL APPROPRIATING $80,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR A DEMONSTRATION BLOCK PROJECT, TO BE AD- MINISTERED BY THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT /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. Mr. Vernon L. Wilson, Community Development Planner, mad the presentation for the bill. He said specific blocks had been choosen for the project - in the southeast the 400 and 500 blocks of Broadway; northeast, adjacent to Kelley Park and the 100 block of Howard and 900 block of St. Peter and St. Louis; northwest the 700 and 800 blocks of Diamond. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. Council Member Serge indicated that the Councilman re- presenting the District should be given input into the areas selected. Mr. Wilson explained the areas were suggested by the neighborhood centers, as well as the staff of Community Develop- ment. Council Member Kopczynski indicated that nothing had been programmed for the southwest neighborhood. Mr. Wilson indicated that the initial proposals that came in were for the three areas mentioned. Mr. Carl Ellison, director of Community Development, indicated another target area has been added in the southwest area. He indicated they had not denyed Community Develop- ment funds to that neighborhood. Council Member Szymkowiak indicated that each Councilman knowns, the problems in his district better than a neighborhood association and they should be consulted.' Council President Parent asked what was planned in the future years for this project. Mr. Elliso indicated they were trying the concept and perhaps they would enlarge it in future years. Counci Member Dombrowski indicated that the next time this comes up the Councilman of the district should be notified. Council Member Adams indicated that the Councilmen should have been consulte The motion carried, with Council Member Kopczynski opposing. BILL NO. 124 -77 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND CLOW CORPORATION, SOUTH BEND, INDIANA, FOR THE PURCHASE OF A SUPPLY OF DUCTILE IRON PIPE IN THE AMOUNT OF $38,820. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Bill Dillon, of the Bureau of Water, made the pre- sentation for the bill. He said bids were let pursuant to the Statutes of the State of Indiana and were found competitive. Council Member Miller made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 125 -77 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND BASNEY FORD, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN MOTOR VEHICLES IN THE TOTAL AMOUNT OF $12,673.67. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Ron Budzinski, fiscal officer for the Bureau of Water made the presentation for the bill. He said this will approve one contract for the purchase of three one -half ton pick up trucks. He said three cars will be traded in on this purchase. Counc Member Kopczynski indicated that these trucks should be rust proofed. Mr. Mullen, City Controlle indicated they could have this done but the Council would have to approve an amendment to this bill. He said the Board of Works has established a policy that all vehicles be rust proofed. Council President Parent indicated that the Council would not buy automobiles for the Bureau of Water, and now they are asking for pickup trucks. He made a motion to continue public hearing on this bill and send it to the Utilities Committee, seconded by Council Member Kopczynski. The motion carried by a roll call vote of six ayes (Council Members Serge, Taylor, Kopczynski, Adams, Horvath and Parent), and three nays (Council Members Szymkowiak, Miller and Dombrowski). 3 REGULAR MEETING SEPTEMBER 12, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 126 -77 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND MICHIANA FENCE, INC., SOUTH BEND, INDIANA, FOR THE CONSTRUCTION OF A FENCE AT THE SOUTH BEND BUREAU OF WATER WORKS' NORTH PUMPING STATION IN THE TOTAL AMOUNT OF $2,945.00. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Ronald Budzinski, fiscal officer for the Bureau of Water, made the presentation for the bill. He said this bill would approve a contract for the construction of a fence to be located in the rear of the South Bend Water Works's North Pumping Station. He said they were having problems with vandalism and they have had vehicles burned and tools stolen. Council President Parent made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 127 -77 A BILL APPROPRIATING $8,840.00 FROM THE CUMULATIVE CAPITAL IMPROVE- MENT FUND, LINE ITEM NO. 260.0, AND $79,560.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 94, MICHIGAN STREET- LEEPER BRIDGE IMPROVEMENTS WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation fo r.the bill. He said this request of $88,400 represents the City's involvement in the proposed improvements for the Leeper Park Bridge and the intersection of North Shore Drive with Michigan Street. He said this bridge has needed repairs for many years. He said the County and State will bear the major portion of the cost of these improvements. He said in ad- dition to the repairs, new street lighting will be required for the bridge itself. He said they estimated the proposed lighting, which will be funded by the City, is $6,675. He said in con- junction with these improvements, traffic signals and channelization improvements have also been proposed for the intersection. The estimated cost of the signal system is $50,623. Mr. Rick Kopizka, 427 Camden, indicated that if they were going to work on the bridge, they should also clean up the area. Council Member Serge made a motion to recommend this to the Council favorabl seconded by Council Member Kopczynski. The motion carried. BILL NO. 128 -77 A BILL TRANSFERRING THE SUM OF $20,000.00 FROM ACCOUNT NO. 120.0 "SALARIES AND WAGES, TEMPORARY ", TO ACCOUNT NO. 252.1 "EQUIPMENT MODIFICATION" IN THE AMOUNT OF $7,000.00, AND ACCOUNT NO. 430.0 "REPAIR PARTS" IN THE AMOUNT OF $13,000.00. ALL ACCOUNTS BEING WITHIN THE BUREAU OF STREETS BUDGET OF THE MOTOR VEHICLES HIGHWAY FUND OF 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. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He said this transfer was being requested in order to make available sufficient funds to address equipment modification and repair items required through the balance of 1977. He said the budget for 1977 was insufficient to address current and anticipated demands Council Member Serge asked what has happened to the sweepers. Mr. McMahon indicated that from time to time the sweepers do break down. Council Member Dombrowski indicated it was obvious that the Motor Vehicle Highway Department was overloaded with work. Council Member Kopczynski indicated that the City should provide the necessary services to the citizens. He said the Street Department's equipment is getting old, as well as other City equipment. He said when equipment is old you need money to repair it and it takes a lot of time. Council President Parer made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 130 -77 A BILL TRANSFERRING $1,350.00 AMONG VARIOUS ACCOUNTS WITHIN THE BUREAU OF COMMUNICATIONS BUDGET IN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. John Hunt, Director of Communications, made the pre- sentation for the bill. He said this transfer was necessary to buy repair _parts for the balance of 1977. He said there had been several lightning hits resulting in considerable equipment damage thus depleting the normal stock of maintenance parts. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 131 -77 BILL NO. 132 -77 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE I EXPENSES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OB- LIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE II EXPENSES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OB- LIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. BILL NO. 133 -77 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE VI EXPENSES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OB- LIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. VIS REGULAR MEETING SEPTEMBER 12, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) This being the time heretofore set for public hearing on the above bills, proponents and opponen were given an opportunity to be heard. Mr. Elroy Kelzenberg, Director of CETA, made the present tion for the bills. He said the three budgets represented a sizeable portion of the Federal grant under CETA. Ms. Barbara Schankerman, 1615 Rockene Dr., asked the Council to look into the obvious problems with CETA. Council Member Adams indicated it looked like the Council would be giving a lot of leeway in salaries, and since there were only two items for the next meeting, she made a motion to continue these bills until the next meeting, seconded by Council Member Kopczynski. Mr. Kelzenberg indicated he intended to give only six percent increases. Council Member Adams said that by approving this we would give you the opportunity to bring someone in at that ceiling. Council President Parent indicated he was satisfied with the explanation they had received from Mr. Kelzenberg. Council Member Miller asked how many service participants would be involved in the three budgets. Mr. Kelzenberg indicated close to 2,000. The motion failed by a roll call vote of three ayes (Council Members Kopczynski, Adams, and Horvath) and six nays (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski and Parent). Council Member Miller made a motion to recommend Bill no. 131 -77 to the Council favorable, seconded by Council Member Dombrowski. The motion passed by a roll call vote of seven ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski, Horvath and Parent) and two nays (Council Members Kopczynski and Adams). Council President Parent made a motion to recommend Bill no. 132 -77 to the Council favorable, seconded by Council Member Dombrowski. The motion carried, with Council Members Kopczynski and Adams opposing. Council President Parent made a motion to recommend Bill No. 133 -77 to the Council favorable, seconded by Council Member Dombrowski. The motion carried, with Council Members Kopczynski and Adams opposing. There being no further business to come before the Committee of the Whole, Council Member Miller made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion carried. Council President Parent made a motion to recess, seconded by Council Member Dombrowsk The motion carried and the meeting was recessed at 10:04 p.m., and reconvened at 10:11 p.m. REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers on the fourth floor of the County -City Building at 10:11 p.m., Council President Parent presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6214 -77 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO MIDSTATE POWER TRANSMISSION COMPANY, INC. This bill had second reading. Council Member Miller made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes (Council Member Adams was absent from the Chambers). ORDINANCE NO. 6215 -77 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO FBT BANCORP, INC., AN INDIANA CORPORATION (FBT BANCORP, INC. PROJECT). This bill had second reading. Council Member Taylor made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes (Council Member Adams was absent from the Chambers). ORDINANCE NO. 6216 -77 AN ORDINANCE APPROVING THE FORM AND'TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO DIXIE DE- VELOPMENT PARTNERSHIP. This bill had second reading. Council Member Taylor made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6217 -77 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) (1311 E. IRELAND ROAD). This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Horvath. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6218 -77 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) (2318 ELWOOD). This bill had second reading. Council Member Kopcyznski made a motion to pass the bill, seconder by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6219 -77 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) (WEST SIDE OF LOGAN ST., NORTH OF JEFFERSON BLVD.) This bill had second reading. Council Member Adams made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Kopczynski made a motion to pass the bill, as amended, seconded by Council Member Dombro The bill passed by a roll call vote of nine ayes. REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 91 -77 A BILL APPROPRIATING $360,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, TO IMPROVE THE FIRE - FIGHTING CAPACITY OF SOUTH BEND'S FIRE DEPARTMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES /DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. Council Member Dombrowski made a motion to continue public hearing and second reading on this bil until the October 10, 1977 meeting of the Council, seconded by Council Member Kopczynski. The motion carried. ORDINANCE NO. 6220 -77 AN ORDINANCE APPROPRIATING $5,000 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY KNOWN AS GENERAL REVENUE SHARING FOR VARIOUS PROGRAMS TO BE ADMINIS- TERED BY THE CITY OF SOUTH BEND THROUGH THE DEPART - MENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Miller made a motion to amend the bill, as amended in the Committee of the,Whole, seconded by Council Member Taylor. The motion carried, with Council Member Adams opposing. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Miller. The bill passed by a roll call vote of six ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski and Parent) and three nays (Council Member: Kopczynski, Adams, and Horvath). ORDINANCE NO. 6221 -77 AN ORDINANCE APPROPRIATING $80,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR A DEMONSTRATION BLOCK PROJECT, TO BE ADMINISTERED BY THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT /DIVISION OF COMMUNITY DEVELOPMENT This bill had second reading. Council Member Adams made a motion to pass the bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes and one nay (Council Member Kopczynski). ORDINANCE NO. 6222 -77 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND CLOW CORPORATION, SOUTH BEND, INDIANA, FOR THE PURCHASE OF A SUPPLY OF DUCTILE IRON PIPE IN THE AMOUNT OF $38,820. This bill had second reading. Council Member Taylor made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. BILL NO. 125 -77 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND BASNEY FORD, • (a`�.�3 ��� SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN MOTOR VEHICLES IN THE TOTAL AMOUNT OF $12,673.67. Council Member Kopczynski made a motion to refer this bill to the Utilities Committee, and set it for public hearing and second reading September 26, 1977, seconded by Council Member Taylor. The motion carried, with Council Member Dombrowski opposing. ORDINANCE NO. 6224 -77 AN ORDINANCE APPROPRIATING $8,840.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, LINE ITEM NO. 260.0, AND $79,560.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 94, MICHIGAN STREET - LEEPER BRIDGE IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6225 -77 AN ORDINANCE TRANSFERRING THE SUM OF $20,000.00 FROM ACCOUNT NO. 120.0 "SALARIES AND WAGES, TEMPORARY ", TO ACCOUNT NO. 252.1 "EQUIPMENT MODIFICATION" IN THE AMOUNT OF $7,000.00, AND ACCOUNT NO. 430.0 "REPAIR PARTS" IN THE AMOUNT OF $13,000.00. ALL ACCOUNTS BEING WITHIN THE BUREAU OF STREETS BUDGET OF THE MOTOR VEHICLE HIGHWAY FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Adams made a motion to pass this bill., seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6226 -77 AN ORDINANCE TRANSFERRING $1,350.00 AMONG VARIOUS ACCOUNTS WITHIN THE BUREAU OF COMMUNICATIONS BUDGET IN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, second by Council Member Adams. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6227 -77 AN ORDINANCE APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE I EXPENSES OF THE DEPART - MENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Serge made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of seven ayes and two nays (Council Members Kopczynski and Adams). 1 1 RFC'TTT 7 MFFT TNC' SEPTEMBER 12, 1977 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6228 -77 AN ORDINANCE APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE II EXPENSES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER "l, 1977, AND ENDING SEPTEMBER 30, 1978, INCLUDING ALL OUT- STANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Taylor made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of seven ayes and two nays (Council Members Kopczynski and Adams). ORDINANCE NO. 6229 -77 AN ORDINANCE APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE VI EXPENSES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, INCLUDING ALL OUT- STANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Taylor made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of seven ayes and two nays (Council Members Kopczynski and Adams). RESOLUTIONS RESOLUTION NO. 577 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE GENERAL REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts in excess of $5,000 must be approved by the Common Council; and WHEREAS, low bids for the general rehabilitation work under the Community Development Housing Program have exceeded $5,000. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Charles Brown Maintenance Service for the general re- habilitation work on the following properties: Lot #101, Coquillard & 1202 E. Bissell St. $3,602.00 Rush's lst Add. Lot #259, Park Pl 3rd Add. 1105 E. Campeau St. 5,396.50 Lot #72, North Sunnsyide Addn. 1405 E. Miner St. 1,296.00 Lot #107, Park P1 3rd Add. 1128 E. Bissell St. 1,530.80 Lot #290, Park Pl 3rd Add. 1333 E. Campeau St. 2,927.20 Lot #58, Hartman & Miller's 1038 Georgiana Ave. 851.00 Lot #314 Addn. Park Pl 3rd Add. 1220 E. Corby Blvd. 2,729.00 Lot #25, Talbot's Add. 1014 E. Duey St. 3,262.00 Lot #93, Park Pl 2nd Add. 1234 E. Bissell St. 3,132.80 Lot #4, A.B. Cushing's Addn. 812 N. Diamond Ave. 646.00 Lot #15, Mendhenhall & Ward's Addn. 1403 Van Buren St. 1,015.50 Lot #19, Birner P1 Add. 1133 Harvey St. 3,789.00 Lot #72, A.G. Cushing's 4th Addn. 722 N. Cleveland 4,845.25 Lot # 4, Muessell's Add. 1030 N. Sherman Ave. 3,533.90 Lot #30, A.G. Cushing's lst Add. 807 N. Sherman Ave. 3,347.30 Total $41,904.25 2. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s /Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolution. Mr. Keith Crighton, Director of the Bureau of Housing, said they were requesting approval to enter into a contract with Charles Brown Maintenance Service for the general rehabilitation of the above properties. RESOLUTION NO. 578 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE ELECTRICAL REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts in excess of $5,000 must be approved by the Common Council; and WHEREAS, low bids for the electrical rehabilitation work under the Community Development Housing Program have exceeded $5,000. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana; REGULAR MEETING SEPTEMBER 12 1977 REGULAR MEETING RECONVENED (CONTINUED 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with BW Electric Co., for the electrical rehabilitation work on the following properties. Lot #101, Coquillard & Rush's lst Add. Lot #259, Park P1 3rd Add. Lot #72 , North Sunnyside Add.. Lot #107, Park Pl. 3rd Add. Lot #290, Park P1 3rd Add. Lot #58 , Hartman & Miller's Add. Lot #314, Park P1 3rd Add. Lot #25 Talbot's Add. Lot #4 A. B. Cushing's 5th Add. Lot #15 Mendenhall & Ward's Add. Lot #19 Birner Pl Add. Lot #72, A. G. Cushing's 4th Add. Lot #4 , Muessel's Add. Lot #30, A. G. Cushing's lst Add.. 1202 E. Bissell St. $ 795.00 1105 E. Campeau St. 1,125.00 1405 E. Miner St. 625.00 1128 E. Bissell St. 585.00 1333 E. Campeau St. 193.00 1038 Georgiana Ave. 915.00 1220 E. Corby Blvd. 855.00 1014 E. Duey St. 630.00 812 N. Diamond Ave. 880.00 1403 Van Buren St. 650.00 1133 Harvey St. 370.00 722 N. Cleveland Ave. 477.00 1030 N. Sherman Ave. 645.00 807 N. Sherman Ave. 524.00 $10,444.00 .2. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. RESOLUTION NO. 579 -77 /s /Mary Christine Adams Member of the Common Council A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE HEATING REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provision of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts in excess of $5,000 must be approved by the Common Council; and WHEREAS, low bids for the heating rehabilitation work under the Community Development Housing Program have exceeded $5,000. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana; 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with the Owens Heating Co for the heating rehabilitation work on the following properties: Lot #101, Coquillard & Rush's lst Add. Lot 259, Park Pl. 3rd Add. Lot #72, North Sunnyside Add. Lot #314 Park P1 3rd Add. Lot #93 Park P1 2nd Add. Lot # 4 A. B. Cushing's 5th Add. Lot #30 A. G. Cushing's lst Add. 1202 E. Bissell St. $ 120.00 1105 E. Campeau St. 1,857.00 1405 E. Miner St. 1,050.00 1220 E. Corby Blvd. 1,300.00 1234 E. Bissell St. 1,650.00 812 N. Diamond Ave. 1,823.00 807 N. Sherman Ave. 2,000.00 Total $9,818.00 2. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s /Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolutions. Mr. Keith Crighton, Director of the Bureau of Housing, said they were requesting approval to enter into contracts with B W. Electric and Owens Heating Co. Council Member Serge made a motion to adopt the general rehabilitation resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. Council Member Dombrowski made a motion to adopt the electrical rehabilitatio seconded by Council Member Horvath. The resolution was adopted by a roll call vote of nine ayes. Council Member Dombrowski made a motion to adopt the heating rehabilitation resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 580 -77 A RESOLUTION APPROVING A FIFTH AMENDMENT TO A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND SEWAGE DISPOSAL PLANT AND CLAY UTILITIES, INC., FOR FURNISHING OF WATER AND SEWAGE TREATMENT TO THE CLAY TOWNSHIP AREA IN ST. JOSEPH COUNTY, INDIANA. WHEREAS, the Board of Water Works Commissioners and the Board of Sewage Commissioners deem it to be in the best interests of their respective facilities and to the City of South Bend to amend an Agreement to furnish water and sewage services in Clay Township to Clay Utilities, Inc., which Agreement was entered into on the 22nd day of March, 1965, and approved by the Resolution No. 96 -65 of the Common Council of the City of South Bend on the 10th day of May, 1965. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the contract entered into between the South Bend City Water Works and the sewage disposal plant of the City of South Bend and Clay Utilities, Inc., dated the 22nd day of March 1965, for the furnishing of water and sewage treatment to Clay Township, St. Joseph County, Indiana, as five times amended, is hereby approved and confirmed; said fifth amendment being attached hereto as an exhibit and made a part of this Resolution. /s /Mary Christine Adams Member of the Common Council , E 1 1 Fj 1 REGULAR MEETING SEPTEMBER 12, 1977 REGULAR MEETING RECONVENED (CONTINUED FIFTH AMENDMENT TO AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT made and entered into this 26 day of October 1977, by and between CLAY UTILITIES, INC., AND CLAY DEVELOPMENT CORP., hereinafter sometimes referred to jointly as the "Party of the First Part ", and the CITY OF SOUTH BEND, hereinafter referred to as the "Party of the Second Part ", W I T N E S S E T H: WHEREAS, the parties hereto have heretofore, to with, on the 22nd day of March, 1965, entered in to an agreement relating to the furnishing of sewage disposal service and water utility service by Part of the Second Part to the Party of the First Part to certain portions of Clay Township, St. Joseph County, Indiana, which said agreement is now incorporated herein and made a part hereof by reference; and WHEREAS, the parties hereto have heretofore, to wit, on the 14th day of June, 1965, entered into an amendment to the aforesaid agreement, which said amendment is now incorporated herein and made a part hereof by reference; and WHEREAS, the parties hereto have heretofore to wit, on the 23rd day of May 1966, entered into a second amendment to the aforesaid agreement, which said second amendment is now incorpora ted herein and made a part hereof by reference; and WHEREAS, the parties hereto have heretofore, to wit, on the 27th day of February, 1967, entered into a third amendment to the aforesaid agreement, which said third amendment is now incorporated herein and made a part hereof by reference; and WHEREAS, the parties hereto have heretofore, to wit, on the 19th day of April, 1971, entere into a fourth amendment to the aforesaid agreement, which said fourth amendment is now incorpora ted herein and made a part hereof by reference; and WHEREAS, since the effective date of said agreement and the amendments hereto, the Indiana Legislature has enacted into law certain enabling statutes (Burns Indiana Statutes Annotated, Code Edition I.C. 1971, 19- 3 -11 -5 as added by Acts 1975, P.L. 214 - waterworks; and I.C. 1971, 19 -2 -5.5 as added by Acts 1975, P.L. 211 - sewage works) designed to permit the lease - purchase of water and sewage utilities such as those operated in St. Joseph County by Party of the First Part; and WHEREAS, preliminary negotiations between the parties hereto in relation to possible lease - purchase of said utilities in accordance with the terms of aforesaid statutes, would indicate that the successful culmination of such negotiations would be in the best interest of the partie and the public; and WHEREAS, existing agreement as four times amended contemplates the furnishing of all the water requirements of Party of the First Part (Clay Utilities) by Party of the Second Part (City of South Bend) and it is still deemed desirable that said required water should be fur- nished exclusively by the City and accordingly the wells and land acquired by Clay from Aqua, Inc., together with the interconnect, booster and appurtenances subsequently added by Clay should be acquired by the City of South Bend; and WHEREAS, the parties are now desirous of amending the service area pertaining to said agree- ment, as amended, by deleting therefrom a portion of Clay Township in St. Joseph County, Indiana, described as Tract A on Exhibit 1 attached hereto and made part hereof, and conditionally deletin from Clay Utilities, Inc. franchised and certificated areas, heretofore granted to Clay Utilities Inc by the Public Service Commission of Indiana, all of the remaining service area of Clay Utilit Inc. in Clay, German, Centre and Penn Townships, St. Joseph County, Indiana, other than described as Tract B on Exhibit 1 attached hereto and made a part hereof; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties now agree as follows: 1. That it is in the best interest of the parties hereto and the public affected thereby that the parties continue the proceedings authorized by and in compliance with Burns Indiana Statutes Annotated, Code Edition I.C. 1971, 19- 3 -11 -5 as added by Acts 1975, P.L. 214 waterworks; and I.C. 1971, 19 -2 -5.5 as added by Acts 1975, P.L. 211 - sewage works, to the end that a lease - purchase agreement might be executed and become effective as relates to Clay Utilities' St. Josep County operations. 2. That if the lease - purchase agreement referred to in paragraph 1 is executed, the City of South Bend shall proceed forthwith to acquire from Clay Development Corp. as assignee of Clay Utilities, Inc. the wells and land heretofore purchased by Clay from Aqua, Inc., together with such additions, improvements, betterments, appurtenances, interconnect and booster station at the price (based on 1.5% depreciation) of $92,985 beging the price as appraised by Murphy Consultants Inc. and Clay Development now covenants and agrees to sell and convey the same for such consid- eration. 3. That the aforesaid lease - purchase shall describe only the area and territory as identif as Tract B on Exhibit 1 attached hereto and made a part hereof, it being the intent and purpose of this provision that upon the final effective date of the aforesaid lease - purchase agreement, the entire remaining service area included in the base agreement of March 22, 1975, as amended and included in the indeterminate permits, franchises and certificates of territorial authority of Clay Utilities (in Clay, German, Centre and Penn Townships other than those previously lease and /or sold to the City of Mishawaka, Indiana) issued by the Public Service Commission of Indiana shall be surrendered, vacated and /or transferred to the City of South Bend for future services, except for the aforesaid area denoted as Tract B on Exhibit 1. 4. Irrespective of whether or not the proposed lease - purchase agreement as aforesaid is fully implemented, the parties now agree to amend numerical-paragraph 1 appearing under "Part 1- WATER SERVICE," and "PART 2 - SEWER SERVICE," and numerical paragraph 4 under the latter, by deleting from numerical paragraph 1, Tract A as described on Exhibit 1 attached hereto and made REGULAR MEETING SEPTEMBER 12, 1977 REGULAR MEETING RECONVENED (CONTINUED) It is understood and agreed that this amendment is in all respects subject to the approval of the Common Council of the City of South Bend by duly adopted resolution. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to agreement the day and year first above written. ATTEST: Maxine 0. Fitterling, Secretary ATTEST: Maxine 0. Fitterling, Secretary ATTEST: Irene Gammon, City Clerk Approved as to form and legality Thomas J. Brunner, Jr., City Attorney ATTEST: Jeanne Wilcox, Clerk CLAY UTILITIES, INC. Homer W. Fitterling, President CLAY DEVELOPMENT, CORP. Homer W. Fitterling, President CITY OF SOUTH BEND, INDIANA BY: Peter J. Nemeth, Its Mayor WATER AND SEWAGE BOARDS By Thomas J. Brunner, Jr. Peter H. Mullen Patrick M. McMahon Approved by Common Council of the CIty of South Bend the d of 1977. Roge O. arent Presi en Common Council ATTEST: Irene Gammon, City Clerk EXHIBIT 1 A tract or parcel of land in Section 23 and the South 2 of Section 14, both sections being in Township 38 North, Range 2 East, described as follows: Beginning at the Northwest corner of the Southeast Quarter of said Section 14; thence, running east a distance of 1716 feet, thence, running south 964.60 feet to land previously deeded to Sharah Mark; thence, running West 1926 feet to a point 10 feet West of the North -South center line of said -- thence, to a point 20 feet West of the North -South cneterline of Section 14, which point is also in the South line of said Section 14; r Section 14; thence, due South along a line 10 feet West of and parallel to the North -South centerline of of said Section 14, to a point in the South line of said Section 14; thence, to a point in the North line of Section 23, which point is 10 feet West of the North - South centerline of said Section 23; thence, due South along a line 10 feet West of and parallel to the North -South centerline of sai Section 23, to a point of intersection with the South right -of -way of Darden Road; thence, due West along the South right -of -way line of Darden Road a distance of 10 feet to a point 20 feet West of the North -South center line of said Section 23; thence, due North along a line 20 feet West of and parallel to the North -South centerline of said Section 23 to a point of intersection with the North line of said Section 23; -- thence, to a point 20 feet West of the North -South cneterline of Section 14, which point is also in the South line of said Section 14; r REGULAR MEETING. SEPTEMBER 12, 1977 REGULAR MEETING RECONVENED (CONTINUED) thence, due North along a line 20 feet West of and parallel to the North -South centerline of Section 14 to a point of intersection of the East -West centerline of said Section 14; thence, due East 20 feet to the point of beginning containing approximately 37.60 acres, except- ing therefrom a tract of land off of and from the entire Northern part thereof for the purpose of widening Auten Road. TRACT B: Land in St. Joseph County described as follows: "That portion of Clay Township lying North of the Indiana East -West Toll Road, West of Hickory Road extended and EAst of the center line of the New York Central right -of -way, plus that portion of the Town of Roseland lying South of said Toll Road." A public hearing was held at this time on the resolution. Mayor Peter J. Nemeth, indicated that this resolution basically approves the four previous amendments to the initial contract, but also approves the fifth amendment. He said that if the lease - purchase agreement referred to in paragraph 1 is executed, the City of South Bend shall proceed forthwith to acquire from Clay Development Corp., as assignee of Clay Utilities, Inc., the wells and land heretofore purchased by Clay from Aqua, Inc. He said approval of this resolution will provide for the purchase of Aqua and provide for the expansion of the franchise. He said a corporate release has been has been filed with the Clerk's Office today. Council Member Adams asked if there was any need for the Council.to vote of this tonight. The Mayor indicated there was no need. Council Member Dombrowski made a motion to adopt the resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of five ayes (Council Members Serge, Szymkowiak, Miller, Taylor and Dombrowski) and four nays (Council Members Kopczynski, Adams,Horvath and Parent) . RESOLUTION NO. 581 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ORDERING HEARING ON PROPOSED FORM OF LEASE OF SEWAGE DISPOSAL FACILITIES. WHEREAS, negotiations have been conducted over an extended period of time between the Mayor and other members and employees of the Executive Department of the City of South Bend and Clay Utilities, Inc., culminating in a form of Lease for waterworks facilities and a form of Lease for sewage disposal facilities from CLAY UTILITIES, INC., AND CLAY DEVELOPMENT CORP. to the City of South Bend; BE IT RESOLVED, that the terms and conditions of the proposed form of lease are approved and agreed to as the basis for a hearing, as required by law, and that such hearing should be held before this Common Council upon the necessity for the execution of such lease and whether the lease rental provided for therein is a fair and reasonable rental for the sewage disposal facilities, prior to the final determination of such questions, so that this Common Council may determine whether to execute such lease as now written, or as modified, said hearing to be had at the regular meeting of this Council to be held on the 10th day of October 1977 at the hour of 7 o"cicock P.M. (E.S.T.). BE IT FURTHER RESOLVED, that the City Clerk cause a notice to be prepared in due legal form of the aforesaid hearing and published forthwith; that a copy of the proposed lease be placed on public file in the office of the City Clerk starting tomorrow and remain available to the public until the time of the hearing. Approved by the Common Council of the City of South Bend on 12th day of September, 1977. /s /Mary Christine Adams Member of the Common Council A public hearing was held at this-time on the resolution. Mayor Peter J. Nemeth said that the City must give at least twenty days notice for a hearing on the lease - purchase agreement. Counc: Member Miller made a motion to amend the resolution by adding_; 10 October at 7:00 p.m., seconder by Council Member Szymkowiak. The motion carried. Council Member Miller made a motion to adopt the resolution, as amended, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of five ayes (Council Members Serge, Szymkowiak, Miller, Taylor and Dom- browski) and four nays (Council Members Kopczynski, Adams, Horvath and Parent). RESOLUTION NO. 582 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ORDERING HEARING ON PROPOSED FORM OF LEASE OF WATER WORKS FACILITIES. WHEREAS, negotiations have been conducted over an extended period of time between the Mayor and other members and employees of the Executive Department of the CIty of South Bend and Clay Utilities, Inc., culminating in a form of Lease for waterworks facilities and a form of Lease foi sewage disposal facilities from CLAY UTILITIES, INC. AND CLAY DEVELOPMENT CORP. to the City of South Bend; BE IT RESOLVED., that the terms and conditions of the proposed form of lease are approved and agreed to as the basis for a hearing, as required by law, and that such hearing should be held before this Common Council upon the necessity for the execution of such lease and whether the lease rental provided for therein is a fair and reasonable rental for the waterworks facili prior to the final determination of such question, so that this Common Council may determine whether to execute such lease as now written, or as modified, said hearing to be had at the regular meeting of this Council to be held on the 10th day of October 1977 at the hour of 7 o'clock P.M. (E.S.T.). REGULAR MEETING SEPTEMBER 12 1977 REGULAR MEETING RECONVENED (CONTINUED BE IT FURTHER RESOLVED, that the City Clerk cause a notice to be prepared in due legal form of the aforesaid hearing and published forthwith; that a copy of the proposed lease be placed on public file in the office of the City Clerk starting tomorrow and remain available to the public until the time. of the hearing. Approved by the Common Council of the City of South Bend on the 12th day of September, 19771 s /Mary Christine Adams ember of the Common Counci A public hearing was held at this time on the resolution. Mayor Peter J. Nemeth indicated that this is a similar resolution to the previous one and this one involves the waterworks facilities He said the purpose of this resolution was to set this matter for hearing. Council Member Mille made a motion to amend the resolution by adding. 10 October at 7:00 p.m., seconded by Council Member Dombrowski. The motion carried. Council Member Miller made a motion to pass the resolu- tion, as amended, seconded by Council Member Taylor. Council Member Kopczynski asked the Mayor if the condition of this facility has improved since the original public hearing. The Mayor indicated he would not answer that question tonight but he would at the public hearing. The res lu- tion was passed by a roll call vote of five ayes (Council Members Serge, Szymkowiak, Miller, Tay or. and Dombrowski) and four nays (Council Members Kopczynski, Adams, Horvath and Parent). BILLS. FIRST READING BILL NO. 137 -77 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. This bill had first reading. Council Member Adams made a motion to refer this bill to Area Plan seconded by Council Member Horvath. The motion carried. BILL NO. 138 -77 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) (2010 AND 2014 MISHWAKA AVE.) This bill had first reading. Council Member Adams made a motion to refer this bill and petition to Area Plan, seconded by Council Member Horvath. The motion carried. BILL NO.139 -77 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) (3101 S. MICHIGAN ST.) This bill had first reading. Council Member Adams made a motion to refer this bill and petiti to Area Plan, seconded by Council Member Horvath. The motion carried. BILL NO. 140 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF WATERWORKS FACILITIES OF CLAY UTILITIES, INC. This bill had first reading. CouncilMember Kopczynski made a motion to set this bill for public hearing and second reading October 10, 1979, seconded by Council Member Horvath. Council Member Miller made a motion to amend the amendment to 1977, seconded by Council Member Taylor. The motion carried. The motion to set the bill for public hearing carried. BILL NO. 141 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF SEWAGE DISPOSAL FACILITIES OF CLAY UTILITIES, INC. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading October 10, 1977, seconded by Council Member Taylor. The motion carried. UNFINISHED BUSINESS Council President Parent indicated there had been a hiring freeze, and this effected the school crossing guards. He said he, as well as other Councilmen, had received complaints regarding the lack of a crossing guard at Jefferson School. He indicated that the Council has not cut the crossing guard budget. He indicated he wanted to send a letter to the effect that the Council did not want crossing guards eleiminated at any school student crossing. Council Member Miller indicated that it was his understanding that a guard will serve the Jefferson School area. Coun, Member Serge asked the Mayor when the hiring freeze would be lifted., The Mayor indicated they were taking a hard look at replacing any position the in the City. He said last year by attritil they had eliminated approximately forty positions. Council President Parent indicated he was not aware that so many position had been eliminated. He asked for documentation of these posi- tions being eliminated. Council Member Adams asked Mr. Kelzenberg what it cost to remodel his offices. Mr. Kelzenberg indicated that three offices were built at a cost.of approximately $3,500, in addition a number of panels were purchased for a total cost of $3,900. He said they carpeted the offices at a cost of $1,200. Council Member Taylor made a motion to set bill no. 59 -77, Animal Control, and bill no. 62 -77 the fire code, for public hearing and second reading September 26, 1977, seconded by Council Member Adams. The motion carried. Council Member Adams asked the Mayor if he had set up a meeting with the downtown developers. The Mayor indicated he did not have a date for this as yet, but he would have one before the next meeting. Council President Parent indicated he would set up a meeting, but he did not know the date. ;il J. REGULAR MEETING SEPTEMBER 12, 1977 REGULAR MEETING RECONVENED (CONTINUED) There being no further business to come before the Council, unfinished or new, Council Member Serge made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 10:54 p.m. ATTEST: ell y � r� Qi ✓f..= 4 /�-C,- yam,[,., City Clerk APPROVED: Presid ,qn