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HomeMy WebLinkAbout02-12-79 Council Meeting MinutesREGULAR MEETING FEBRUARY 12, 1979 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, February 12; 1979, at 7:00 p.m.. Council President 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 To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the January 22,'1979 meeting of the Council and found them correct. The sub- committee, therefore, recommends that the same be approved. /s /Roger 0. Parent /s /Mary Christine Adams Council Member Serge made a motion that the minutes of the January 22, 1979, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Adams. 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, February 12, 1979, at 7:02 p.m., with nine members present. Chairman Frank Horvath presiding. BILL NO. 8 -79 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO PETERSEN PRINTING CORPORATION. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Aenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated that this $725,000 bond issue was for the financing and acquisition of property, equipment and construction of an addition located at 746 S. Arnold. He said the new facility will initially employ approximately three new employees. Council'Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Kopczynski. The motion carried. BILL NO. 7 -79 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO GEORGE E. ROSS, ROBERT C. ROSS AND RICHARD C. ROSS, A PARTNERSHIP. REGULAR MEETING FEBRUARY 23, 1979 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. Kenneth Fedder, attorney for the Economic Developmen Commission, made the presentation for the bill. He indicated that this $250,000 bond issue was for the purchase of land and the construction of a new building at the corner of Monroe and Columbia. He said the new facility will initially employ approximately five new people. Mr. Lloyd Allen, attorney for the firm, indicated he would answer any questions the Council might have regarding this bond issue. Mr. T. Brooks Brademas, 1614 Devon Circle, indicated that the homes should not be destroyed in the Monroe /Sample area. He indicated that the tire service and Business Systems should not be located in that particular area. Mayor Peter J. Nemeth indicated it was agreed, in a meeting, that the tire service center would proceed with their plans and Business Systems would be willing to move to an area to the west of this particular site. He filed a resolution which indicated the support of the Council regarding the new site for Business Systems. Mr. John Borg, who owns an apartment building at 711 Lincolnway East, asked how the Mayor could agree to something this morning that the Council will do tonight. Mayor Nemeth indicated they had agreed among themselves what they would ask the Council to do. Council Member Horvath indicated he was glad things had worked out so we could keep both businesses in South Bend. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Kopczynski. The motion carried. BILL NO. 9 -79 A BILL APPROPRIATING $12,000.00 OF YOUTH SERVICES BUREAU MONIES FROM THE CITY OF SOUTH BEND CRIME CONTROL FUND FOR VARIOUS YOUTH SERVICE BUREAU ACTIVITIES DURING THE PERIOD JANUARY 1, 1979 THROUGH DECEMBER 31, 1979. This being the time hretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Bonnie Stricker, Director of the Bureau, made the presentation for the bill. She indicated that these funds represent monies received from the County Commissioners of St. Joseph County, and are considered to be reimbursement for care and Counseling services used by the non - residents of South Bend. Council Member Miller made a motio: to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 11 -79 A BILL AMENDING CHAPTER 2, ARTICLE 15, DIVISION 3 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY KNOWN AS A MERIT SYSTEM OF PROMOTIONS FOR THE POLICE DEPARTMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mayor Peter J. Nemeth, made the presentation for the bil: He indicated that approximately four years ago the initial ordinance was passed by the Council supporting a merit system for the police department. He briefly covered the amendments proposed in this bill. Terry Bensely, President of the F.O.P., indicated that the F.O.P. had voted three times against the merit system. He indicated that this system does not have the cooperation of the members of the police department. Ms. Holly Brown, 215 E. Bronson, indicated that the Council should ask themselves what is the Mayor's interest in this system. Mr. Richard Albright 415 LaMonte Terrace, president of the Merit Board, spoke in favor of this bill. He said that given time and full cooperation from the police department a workable system could be establishes from the amended bill. John Cimino, coordinator for the Merit Board, thanked the Mayor for his leadership, and the members of the Merit Board for their work. He indicated he would answer any questions the Council might have about the system. Mike Carrington, assistant to the Mayor, indicated that the alternative to the merit system was the Board of Safety. He indicated that we have to support the merit system. Council Member Adams indicated that this bill was quite similar to the one defeated in December.. She asked that the Council examine the information she gave them in the informal meeting regarding a merit system established in Fairfax County, Virginia. She made a motion to refer this bill to the Public Safety Committee, seconded by Council Member Kopczynski. Council Member Serge indicated that we should have something that suits South Bend and we cannot take some other merit system and implement it in South Bend. Council President Parent indicated that this amendment would make the merit system easier to implement. Council Member Taylor indicated that if the Council did not adopt this plan then the police department would be back in the old situation of political patronage. Council Member Kopczynski indicated that some system should be developed that would be palatable to all concerned. He inddcated that they did not need Council approval for a merit system. He said this bill should be referred to the Public Safety Committee. Council Member Dombrowski indicated he did not support this bill. Council Member Miller spoke in favor or this bill. The motion to refer to committee passed by a roll call vote of five ayes and four nays (Council Members Szymkowiak, Miller, Taylor and Parent.) There being Parent made Dombrowski. ATTEST: no further business to come before the Committee of the Whole, Council President a motion to rise and report to the Council and recess, seconded by Council Member The motion carried and the meeting was recessed at 8:20 p.m. ATTEST: C I Y CLERK CHAIRMAN REGULAR MEETING FEBRUARY 12, 1979 REGULAR MEETING RECONVENED (CONTINUED) Be it remembered that the regular meeting of the Common Council of the City of South Bend reconvended in the Council Chambers on the fourth floor of the County -City Building at 8:35 p.m.,l Council President Parent presiding and nine members present. BILLS, SECOND READING (ORDINANCE NO. 6549 -79 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO PETERSEN PRINTING CORPORATION. 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. 6550 -79 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO GEORGE E. ROSS, ROBERT C. ROSS AND RICHARD C. ROSS A PARTNERSHIP. This bill had second reading. Council Member Kopczynski made a motion to pass this bill, secon by Council Member Adams. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6551 -79 AN ORDINANCE APPROPRIATING $12,000.00 OF YOUTH SERVICE BUREAU MONIES FROM THE CITY OF SOUTH BEND CRIME CONTROL FUND FOR VARIOUS YOUTH SERVICE BUREAU ACTIVITIES DURING THE PERIOD JANUARY 1, 1979 THROUGH DECEMBER 31, 1979. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Adams. The bill passed by a roll call vote of nine ayes. BILL NO. 11 -79 A BILL AMENDING CHAPTER 2, ARTICLE 15, DIVISION 3, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY KNOWN AS A MERIT SYSTEM OF PROMOTIONS FOR THE POLICE DEPARTMENT. This bill had second reading. Council Member Adams made a motion to refer this bill to the Public Safety Committee, seconded by Council Member Kopczynski. The motion carried on a roll call vote of five ayes and four nays (Council Members Szymkowiak, Miller, Taylor and Parent.) RESOLUTIONS RESOLUTION NO. 678 -79 AN INDUCEMENT RESOLUTION RELATING TO THE MARRIOTT HOTELS OF WASHINGTON, D.C. PROJECT WHEREAS, pursuant to the Indiana Code of 1971, Title 18, Chapter 6, Article 4.5, as amended, the Common Council of the City of South Bend created the South Bend Economic Development Com- mission, which such South Bend Economic Development Commission heretofore has investigated, studied, surveyed and reported to the Mayor and the Common Council of the City of South Bend, Indiana, that a neede exists in the community for additional job opportunities and commercial diversification within the City of South Bend, Indiana; and in order to improve and promote job opportunities and commercial diversification within the City of South Bend, Indiana, a financing agreement should be effected with Marriott Hotels of Washington, D.C., or its nominees, relating to a project to be known as the "Marriott Hotels of Washington, D. C. Project "; and WHEREAS, said Mariott Hotels of Washington, D. C. is an existing corporation engaged in the hotel business and desires to expand its operations and employ a substantial number of employees and be the principal user for such purpose of an eight -story hotel building complex with related equipment and furnishings which includes approximately three hundred (300) rooms and rentable retail space (hereinafter sometimes referred to as "Economic Development Facilities ") to be located on a part of the 2.75 acre block in the South Bend, Indiana Urban Renewal Area R -66 which is bounded by St. Joseph Street on the East, Colfax Street on the North, Washington Street on the South and Michigan Street on the West, which such land is involved in the UDAG Grant of the City of South Bend, Indiana, pursuant to Application No. B- AA -78 -18 -0003. WHEREAS, to induce Marriott Hotels of Washington, D. C., or its nominees, to become the principal user of such Economic Development Facilities, the Common Council of the City of South Bend desires to adopt this resolution; and WHEREAS, it is apparent that such Marriott Hotels of Washington, D. C. Project will increas job opportunities and commercial diversification in South Bend, Indiana, resulting in a benefit to the welfare of the public in the City of South Bend, Indiana, and St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. That approval is hereby given to the application of Marriott Hotels of Washingt D.C., or its nominees, relating to the acquisition and construction of such Economic Development Facilities under an arrangement whereby a portion of the costs of such acquisition and con- struction would be paid from the proceeds of Industrial Development Bonds to be issued by the City of South Bend, Indiana, for an amount not exceeding Ten Million Dollars ($10;000,000.00), repayable with interest thereon over a period of time and with a maturity date which does not extend beyond thirty (30) years after the issue date. REGULAR MEETING FEBRUARY 12, 1979 (I REGULAR MEETING RECONVENED (CONTINUED) II SECTION 2. In order to encourage, induce and solicit such application by Marriott Hotels of Washington, D. C., or its nominees, for such Industrial Development Bond issue relating to the acquisition and construction of such Economic Development Facilities, the South Bend Economic Development Commission on behalf of the City of South Bend, Indiana, shall proceed to cooperate with and take such action as may be necessary in the drafting of documents or the performance of such other acts as will facilitate the issuance of such Industrial Development Bonds by the City of South Bend, Indiana, to provide funds to be used toward the payment of the costs for the acquisition and construction of such Economic Development Facilities. SECTIO N Washington, ceeds of the 3. Any costs or expenses incurred D. C. Project shall be included in Industrial Development Bonds to be in connection with said Marriott Hotels of the project costs and reimbursed from the pro - issued with respect thereto. SECTION 4. This resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor. /s /Roger 0. Parent Member of the Common Council A public hearing was held on this resolution at this time. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated that the Commission had passed an inducement resolu- tion relating to the Marriott Hotels Project. Mr. Warren McGill, attorney, indicated that this resolution, as well as the FBT Bancorp resolution, were inducement resolutions and at a later date an ordinance will be presented to the Council. He said they were asking for approval of a possible bond issue up to ten million and a term not extending beyond thirty years. Council Member Adams made a motion to amend the resolution by adding a new Section 4 to read "This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor," seconded by Council Member Dombrowski. The motion carried. Council Member Adams made a motion to adopt this resolution, as amended, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 679 -79 AN INDUCEMENT RESOLUTION RELATING TO THE FBT BANCORP, INC., PROJECT. WHEREAS, pursuant to the Indiana Code of 1971, Title 18, Chapter 6, Article 4.5, as amended; the Common Council of the City of South Bend, Indiana created the South Bend Economic Developmenl Commission, which such South Bend Economic Development Commission heretofore has investigated, studied, surveyed and reported to the Mayor and the Common Council of the City of South Bend, Indiana, that a need exists in the community for additional job opportunities and commercial diversification within the City of South Bend, Indiana; and in order to improve and promote job opportunities and commercial diversification within the City of South Bend, Indiana, a financing agreement should be effected with FBT Bancorp, Inc., or its assigns, relating to a project to be known as the "FBT Bancorp., Inc. Project "; and WHEREAS, said FBT Bancorp, Inc. is the parent corporation of First Bank and Trust Company of South Bend and other subsidiary corporations, which said First Bank and Trust Company of Soutl Bend desires to expand its operations and employ a substantial number of additional employees and be the principal user for such purpose of a bank /office building consisting of not less than one hundred thirty -two thousand $132,000.00) of gross square feet area (hereinafter some- times referred to as "Economic Development Facilities ") to.be located on a part of the 2.75 acre block in the South Bend, Indiana Urban Renewal Area R -66 which is bounded by St. Joseph Street on the East, Colfax Street on the North, Washington Street on the South and Michigan Street on the West, which such land is involved in the UDAG Grant to the City of South Bend, Indiana, pursuant to Application No. B- AA- 78 -18- 0003; and WHEREAS, to induce FBT Bancorp, Inc., or its assigns, to become the principal user of such Economic Development Facilities, the Common Council of the City of South Bend desires to adopt this resolution; and WHEREAS, it is apparent that such FBT Bancorp, Inc. Project will increase job opportunities and commercial diversification in South Bend, Indiana, resulting in a benefit to the welfare of the public in the CIty of South Bend, Indiana, and St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. That approval is hereby given to the application of FBT Bancorp, Inc., or its assigns, relating to the acquisition and construction of such Economic Development Facilities under an arrangement whereby a portion of the costs of such acquisition and construction would be paid from the proceeds of Industrial Development Bonds to be issued by the City of South Bend, Indiana, for an amount not exceeding Nine Million Dollars ($9,000,000.00), repayable with interest thereon over a period of time and with a maturity date which does not extend beyond. thirty (30) years after the issue date. SECTION 2. In order to encourage, induce and solicit such application by FBT Bancorp, Inc., or its assigns, for such Industrial Development Bond issue relating to the acquisition and construction of such Economic tevelopment Facilities, the South Bend Economic Development Commission on behalf of the City of South Bend, Indiana, shall proceed to cooperate with and take such action as may be necessary in the drafting of documents or the performance of such other acts as will facilitate the issuance of such Industrial Development Bonds by the City of South Bend; Indiana, to provide funds to be used toward the payment of the costs for the acquisition and construction of such Economic Development Facilities. REGULAR MEETING FEBRUARY 12, 1979 REGULAR MEETING RECONVENED (CONTINUED SECTION 3. Any costs or expenses incurred in connection with said FBT Bancorp, Inc. Project shall be included in theproject costs and reimbursed from the proceeds of the Industrial Development Bonds to be issued with respect thereto. SECTION 4. This resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor. /s /Roger 0. Parent Member of the Common Council A public hearing was held on this resolution at this time. Council Member Adams made a motion to amend the resolution by adding a new Section 4, to read "This resolution shall be in full force and effect from and after its adoption by the Common Council and approval of the Mayor ", seconded by Council Member Kopczynski. The motion carried. Council Member Adams made a motion to adopt this resolution, as amended, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 680 -79 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 theprovisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts in excess of $5,000.00 must be approved by the Common Council; and WHEREAS, low bids for the general rehabilitation work under the Community Development Housing Program have exceeded $5,000.00. 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 Plaia Construction Company for the general rehabilitation work on the following properties: Lot #1142 Summit Pl. Add. Martin's Sub. 512 S. Bendix $5,796.00 Lot # 634 Summit Pl. 3rd. 1513 318 S. Meade 4,630.00 Lot # 9 Martin's Sub Webster 1525 Fisher 1,235.00 Lot # 18 Arnold Sub. BOL 101 725 S. Walnut 409.00 Lot # 93 BOL 93 Add. 420 Arnold 3,387.00 Lot # 24 Raffs 3rd. 1513 Kendall 14,814.00 Lot # 36 Arnold & Webster Sub. 838 Webster 2,253.00 Lot # 14 Arnold Sub. BOL 101 739 S. Walnut 1,430.00 Lot # 6 Gorsuch Add. 1610 Dunham 1,643.00 Lot # 279 Smmit Pl. 2nd 613 S. Warren 2,261.00 Lot # 24 Pecks Sub. 1345 Fisher 5,395.00 Lot # 242 Summit Pl. 2nd. 514 S. Warren 2,697.00 Lot # 21 Arnold Sub. BOL 102 1339 Dunham 812.00 Lot # 25 Arnold Sub. BOL 102 1325 Dunham 192.00 $46,954.00 2. That his 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. is /Mary Christine Adams Member of the Common Council RESOLUTION NO. 681 -79 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 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 $5,000.00 must be approved by the Common Council; and WHEREAS, low bids for the heating work under the Community Development Housing Program have exceeded $5,000.00. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the CIty of South Bend, Indiana; 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Area Services, Inc., for the heating work in the follow- ing properties: Lot # 9 Martin's Sub. 1525 Fisher $1,780.00 Lot # 24 Raffs 3rd. 1513 Kendall 973.00 Lot # 36 Arnold & Webster Sub. 838 Webster 1,865:00 Lot # 279 Summit Pl. 2nd 613 Warren 964.00 Lot # 24 Pecks Sub. 1345 Fisher 1,052.00 $6,634.00 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 i IA 1 • • REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 682 -79 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 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 $5,000.00 must be approved by the Com- mon Council; and WHEREAS, low bids for the electrical work under the Community Development Housing Program have exceeded $5,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana; 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with F &F Electric Company for the electrical work on the fol- lowing properties': Lot # 634 Summit Pl. 3rd 735 Lot # 9 Martin's Sub. 1513 Lot # 18 Arnold Sub. BOL 101 Lot # 93 BOL 93 Add. 613 Lot # 24 Raffs 3rd. 514 Lot # 36 Arnold & Webster Sub. Lot # '14 Arnold Sub. BOL 101 Lot # 6 Gorsuch Add. Lot # 279 Summit P1.'2nd Lot # 24 Pecks Sub. Lot # 242 Summit Pl. 2nd Lot # 21 Arnold Sub. BOL 102 Lot # 25 Arnold Sub. BOL 102 318 Meade $1,472.00 1525 Fisher 754.00 735 S. Walnut 812.00 420 Arnold - 00.00- 1513 Kendall 1,136.00 838 Webster 607.00 739 S. Walnut 867.00 1610 Dunham 817.00 613 S. Warren 1,636.00 1345 Fisher 899.00 514 S. Warren 700.00 1339 Dunham 633.00 1325 Dunham 969.00 $11,302.00 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 these resolutions. Mr. James Harcus, Director of the Bureau of Housing, indicated that the adoption of these resolutions would allow his bureau to rehabilitate the houses listed on the resolutions. Mrs. Jane Swan ,2022:Swygart, questioned rehabilitation of a house which will cost $16,000. Mr. Harcus explained that this particular rehab was involved with a grant the home owner had received. Council Member Kopczynski made a motion to adopt.Resolution No. 680 -79, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. Council Member Kopczynski made amotion to adopt Resolution No. 681 -79, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. Council Member Kopczynski made a motion to adopt Resolution No. 682 -79, seconded by Council Member Miller. The resolution was adopted by a roll call vote of nine ayes. Council Member Miller made a motion to dispense with the taping of the meeting due -to the noise the machine was making, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 683 -79 A RESOLUTION.IN OPPOSITION TO HOUSE BILL NO. 1631 WHICH WOULD DELETE THE REQUIREMENT OF DOCKETING CLAIMS WITH THE CITY CLERK. WHEREAS, Indiana Code Section 18- 1 -20 -1 requires that each claim against the city be itemized, verified, filed with the City Clerk, and placed upon the Claim Docket at least five (5) days before it is allowed; and WHEREAS, the present State law further requires the .Clerk to enter each claim by the name of the claimant, amount claims, purpose, and date filed ;,and WHEREAS, this procedure provides a very efficient and effective manner of reviewing and processing all claims with the City; and WHEREAS, such a procedure does not cause undue delay, but rather provides a mechanism for inspection by all taxpayers; and WHEREAS, House Bill No.. 1631 would eliminate a vital check and balance system which has operated effectively since its creation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that SECTION I. The Common Council believes that the present claim docketing procedure set forth in Indiana Code Section 18- 1 -20 -1 provides an efficient mechanism for.docketing and reviewing all claims with the City. SECTION II. House Bill No. 1631 should be defeated since it eliminates a proven and necessary check and balance system within the CIty. SECTION III. This,Resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor. Js /Mary Christine Adams Member of the Common Council EGULAR MEETING FEBRUARY 12, 1979 REGULAR MEETING RECONVENED (CONTINUED) A public hearing was held on this resolution at this time. Council Member Adams indicated that there was a bill in the State legislature which would delete the docketing of claims with the City Clerk. She said this docketing provides a check and balance system and provides a mechanism for inspection by the public. Council Member Kopczynski made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 13 -79 A BILL APPROIVNG THE FORM AND TERMS OF LEASE, MORTGAGE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO MARLIN DEVELOPMENT CO., AN INDIANA PARTNERSHIP AND IMAGINEERING ENTERPRISES, INC., AN INDIANA CORPORATION. This bill had first hearing and second carried. BILL NO. 14 -79 This bill had first hearing and second carried. BILL NO. 15 -79 reading. Council Member Miller made a motion to set this bill for public reading February 26, 1979, seconded by Council Member Kopczynski. The motion A BILL ESTABLISHING AN ANNUAL REVIEW PROCESS PERTAINING TO THE RATE STRUCTURE AT THE WASTEWATER TREATMENT PLANT. reading. Council Member Adams made a motion to set this bill for public reading February 26, 1979, seconded by Council Member Miller. The motion 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) (2610 PRAIRIE AVE.) This bill had first reading. Council Member Adams made a motion to refer this bill to Area Plan, seconded by Council Member Kopczynski. The motion carried. BILL NO. 17 -79 A BILL APPROPRIATING $14,240.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE 1979 ETHNIC FESTIVAL, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This bill had first reading. Council Member Miller asked about the money for the fireworks. Mr. Mullen indicated he did not feel there should be fireworks. Council Member Serge made a motion to set this bill for public hearing and second reading February 26, 1979, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6552 -79 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $3,200,000 AGGREGATE PRINCIPAL AMOUNT OF ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1979, (CROWE, CHIZEK AND COMPANY PROJECT) (THE "BONDS "), TO FINANCE THE COST OF THE ACQUISITION, CONSTRUCTION, EQUIPPING AND INSTALLATION OF LAND, A BUILDING.AND RELATED FACILITIES CONSTITUTING AN OFFICE BUILDING AND CONFIRMING THE SALE OF BONDS TO THE PURCHASERS THEREOF, AND CERTAIN OTHER RELATED MATTERS. This bill had first reading. Council Member Serge made a motion to suspend the rules and have second reading and public hearing on this bill, seconded by Council Member Miller. The motion carried on a roll call vote of nine ayes. This being the time theretofore set for public hearin€ on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Dx,,velopment Commission, made the presentation for the bill. He indicated this $3,200,000 bond issue was for Crowe, Chizek and Company to construct a new facility to be used as its home office in downtown South Bend. He indicated this will increase employment by forty persons with an additional estimated payroll of $600,000. Council Member Kocpzynski made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. BILL NO. 19 -79 A BILL APPROPRIATING $200,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 53 (REVISED) SAMPLE STREET, OLIVE TO CHAPIN, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Kopczynski made a motion to set this bill for publi( hearing and second reading February 26, 1979, seconded by Council Memberpombrowski. The motion carried. BILL NO. 20 -79 A BILL APPROPRIATING $305,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT R &S 60, ORANGE ST. - COLFAX ST. CONNECTOR, WITHIN THE LOCAL ROAD AND STREETS FUND. This bill had first reading. Council Member Adams made a motion to refer this bill to the Public Works Committee and set it for public hearing and second reading February 26, 1979, seconded by Council Member Kopczynski. The motion carried. REGULAR MEETING FEBRUARY 12, 1979 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 21 -79 A BILL APPROPRIATING $184,000.00 FROM THE LOCAL ROAD AND STREET FUND, AND $16,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT R &S 61, MICHIGAN STREET -MAIN STREET CONNECTOR, WITHIN THE LOCAL ROAD AND STREETS FUND. This bill had first reading. Council MemberAdams made a motion to refer this bill to the Publi Works Committee and set it for public hearing and second reading February 26, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 22 -79 A BILL APPROPRIATING $83,500.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 7903,, IRELAND ROAD, FELLOWS TO U.S. 31 WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member ADams made a mtoion to set this bill for public hearing and second reading February 26, 1979, seconded by Council Member Dombrowski. The motio carried. BILL NO. 23 -79 A BILL APPROPRIATING $106,00.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 7904, IRONWOOD AND PLEASANT INTERSECTION IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading February 26, 1979, seconded by Council Member Dombrowski. The motio carried. BILL NO. 24 -79 A BILL APPROPRIATING $110,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 7905 LINCOLNWAY EAST AND TWYCKENHAM DR. INTER- SECTION IMPROVEMENTS WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council - Member Miller made a motion to set this bill for public hearing and second reading February 26, 1979, seconded by Council Member Dombrowski. The motio carried. BILL NO. 25 -79 A BILL APPROPRIATING $220,000.00 FROM THE LOCAL ROADUAND STREET FUND TO PROJECT R &S 7906, MIAMI STREET VIADUCT LOWERING WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Adams made'a motion to set this bill for public hearing and second reading February 26, 1979, seconded by Council Member Dombrowski. The motio carried. BILL NO. 26 -79 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) (35TH AND JEFFERSON BLVD.) This bill had first reading. Council Member Adams made a motion to refer this bill.to Area Pla seconded by Council Member Kopczynski. The motion carried. UNFINISHED BUSINESS Report from Area Plan: "Upon a motion by Dwight-Miller, being seconded by June Stratton,. and unanimously carried, the petition, as amended, of Americana Realty Corporation, to zone from "A" Residential, "A" Height and Area, to A -1 Residential, "A" Height and Area, property located on the west side of Ironwood Road in Scottsdale Addition, Section "I ", City of South Bend, is returned to the Common Council with no recommendation, as a motion to recommend favorably failed to pass." Council Member Adams made a motion to set the appropriate bill for public hearing and second reading February 26, 1979, seconded by Council Member Kopczynski. The motion carried. NEW BUSINESS Council President Parent indicated-he did not think the Council should suspend the rules and have public hearing on the resolution concerned Business Systems` proposed property. There being no further business to come before the Council, unfinished or or new, Council Member Adams made a motion to adjourn, seconded by Council Member Kopczynski. The motion carried and the meet jag was adourned at 9:07 p.m. ATTEST: CITY CLERK APPROVED: