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HomeMy WebLinkAbout03-26-79 Council Meeting MinutesREGULAR MEETING MARCH 26. 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, March 26, 1979, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, 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 March 12, 1979 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger 0. Parent Council Member Serge made a motion that the minutes of the March 12, 1979, meeting of the Council be accepted and placed on file, seconded by Council Member Miller. The motioncarried. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Taylor. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, March 26, 1979, at 7:02 p.m., with nine members present. Chairman Frank Horvatl presiding. BILL NO. 33 -79 A BILL APPROVING THE FORM AND TERMS OF LEASE, MORTGAGE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO V. ROBERT HEPLER. 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 Developmenl Commission, made the presentation for the bill. He indicated that this $290,000 bond issue woulc be used for the acquisition of real estate and the construction of an industrial and commercial building at the intersection of Olive and Washington streets. He said this facility will initially employ approximately ten people. Council President Parent made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 27 -79 MARCH 26, 1979 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 (TIPPECANOE PL.) 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 Oxian, vice president of the Historic Preserva- tion Commission, made the presentation for the bill. He indicated that this building was going to be sold, and the larkmark status would place local restrictions on any alterations to the building. He indicated that the owners, Southold Restoration, approved of this proposed bill. Council Member Taylor made a motion to recommend this to the Council favorable, seconded by Council Member Adams. The Motion carried. BILL NO. 28 -79 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 (530 CARROLL.) 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 Oxian, vice president of the Historic Preserva- tion Commission, made the presentation for the bill. He indicated that the main historical as- pect of this house was its architectual value. He indicated that this house had a rating of eleven, which is either superior or close to a superior landmark. Council Member Miller made a motion to table this bill, seconded by Council Member Taylor. The motion carried on a roll call vote of six ayes and three nays (Council Members Kocczynski, Adams and Horvath.) BILL NO. 32 -79 A BILL APPROPRIATING $288,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE ACQUISITION OF CERTAIN REAL ESTATE, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE BOARD OF PUBLIC WORKS. 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 this appropriation was for the acquisition of the Odd Fellows Building. He said the Board of Works has signed an option to purchase the property. Mr. Dennis Moran, presi- dent of the Near Northwest Neighborhood indicated that the City should not buy this building, since they only plan to destroy it. He said they felt this was not the intention of Community Development funds. Mr. Carl Sinclair, 522 S. St. Joseph, indicated that the feasibility study was not complete on Century Mall. He indicated that this building should not be destroyed. He indicated that structurally the Odd Fellows Building was sound and adaptable. He said he was against the City buying this building for the purpose of destruction. Ms. Barbara Schankerman, 1615 Rockne, spoke against the demolision of a sound building. She indicated that before any further decisions are made, the Council should wait for the results of the feasibility study. Mayor Nemeth indicated that resolution 9D on the agenda, authorized the City to exchange the real estate to the Department of Redevelopment for the triangular parcel of land in front of the Morris Civic, as well as the Plaza Park. He indicated there was a study being made regardin, the Odd Fellows Building, and he said he would recommend to Redevelopment that no action be taken on this matter until this study is received. Council Member Horvath indicated that the Council will not vote on this bill with the original cover letter of explanation. Mr. Maurice Tulchinsky, attorney with offices in the Odd Fellows Building, indicating it would be a crime if that building was destroyed. Mrs. Jane Swan, 2022 Swygart, indicated that downtown malls would never be accepted as having a market value. She said they were more for amusement, rather than a purchasing center. Council President Parent indicated he was in favor of ac- quiring the building. He said the building had been ,neglected and that it could be developed into viable needed office space. Council Member Adams asked if the City would be able to meet the April 1 commitment to the developers. Mr. Carl Ellison, Redevelopment Director, indicated that the land would not be ready for bid, but the developers were continuing to spend money on this development, so they did not feel there was any problem. Council Member Adams asked if they had received any communication for the developers wanting the City of acquire the Odd Fellows Building. Mr. Ellison indicated they had not received any specific request from the developers. Council Member Adams made a motion to recommend this bill to the Council unfavorabl, seconded by Council Member Kopczynski. Council Member Taylor indicated that if the Council voted not to purchase this building it was a vote against Century Mall. Council Member Miller indicated that the concept of development and the City's involvement in development requires that the CIty get major tracts of land available so it can be developed. He indicated that the only way to properly develop downtown was by putting this property together so it can be bid as one bid. Council Member Kopczynski indicated that the Odd Fellows Building should be in- corporated in the Century Mall plans. Council Member Horvath indicated that the Odd Fellows Building could possibly be rehabilitated for the new Federal Building. The unfavorable motion failed on a vote of three ayes and six nays (Council Member Serge, Szymkowiak, Miller, Taylor, Dombrowski and Parent.) Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Miller. The motion carried. BILL NO. 35 -79 A BILL APPROPRIATING $325,000.00 FORM THE FEDERAL ASSISTANCE.GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE DESIGN AND CONSTRUCTION OF A FIRE STATION TO BE LOCATED IN THE AREA OF THE AIR- PORT INDUSTRIAL PARK, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Fire Chief VanWiele made the presentation for the bill. He indicated this appropriation was for the design and construction of a fire station to be located in an area around Cleveland Road and Bendix Drive. He said that the business develop- ment and residential building activity in the area of the Airport Industrial Park warrants ad- ditional fire protection. Mrs. Jane Swan, 2022 Swygart, asked if the location of Lathrop and Bendix Dr., had been considered. Chief Van Wiele, indicated that it was considered, however, the area around Cleveland and Bendix was much more accessible. Mrs. Swan indicated that Lathrop and Bendix has the most density, and would be mid point to the area to be served. Counc Member Horvath indicated that the Council had just learned of industrial expansion in the north- west portion and this would bring more residential homes into that area, therefore, the fire station should be located in the northern most point to be served. Glenda Hernandez, 702 E. South, indicated that the fire station in their area was closed because there was not enough REGULAR MEETING MARCH 26 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED money to run it. She wanted to know if the City was going to have enough money to run this fire station. Conrad Damian, 718 E. Broadway, asked what station was going to be closed to serve this new location. Chief Van Wiele indicated there were two pumpers and crews at Station Four, and one pumper and crew would be transferred to the new station. Mr. Tom Niedbalski, 911 Adams, asked how long a fire could be contained with a sprinkler system. Chief Van Wiele indicated it would depend on the intensity of the fire. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Miller. The motion carried. BILL NO. 36 -79 A BILL APPROPRIATING $70,000.00 FROM THE LOCAL ROAD AND STREET FUND, AND.$69,500.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT R &S 7902, CLEVELAND ROAD TRUNK SEWER, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING 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 for the bill. He indicated this appropriation would enable the City to widen Monroe Street from Lincolnway East to Main Street. He said this widening was necessary to pro- perly and adequately address present traffic demands. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 37 -79 A BILL APPROPRIATING $603,800.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS -513, CLEVELAND ROAD TRUNK SEWER, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING 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 for the bill. He indicated this sanitary sewer will serve the area adjacent to and north of the Indiana Toll Road. He indicated it was anticipated that construction of the by -pas toll road interchange will stimulate extensive development in the adjacent properties, and will require sanitary sewer service. He indicated the trunk sewer is proposed to be constructed adjacent to the south two lanes of the new Cleveland Road extension. He said rough grading for these two lanes was completed when the north two lanes were constructed. He said the City will be able to realize a considerable cost savings in this sewer construction, if construction can be started and completed prior to the paving of the south lanes. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Dombrowski made a motion to rise and report to the Council, seconded by Council Member Adams. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: 4"V Chairman Be it remembered that the regular meeting of the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:22 p.m., Council President Parent presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6568 -79 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE, MORTGAGE AND TRUST INDENTURE AND INDUSTRIAL DEVELOP- MENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO V. ROBERT HEPLER. This bill had second reading. Council Member ADams made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDIANNCE NO. 6569 -79 AN ORDINANCE 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 (TIPPECANOE PL.) This bill had second reading. Council Member Taylor 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. 28 -79 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 (530 CARROLL.) This bill had second reading. Council Member Miller made a motion to table this bill, seconded by Council Member Taylor. The motion carried. ORDINANCE NO. 6570 -79 AN ORDINANCE APPROPRIATING $228,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE ACQUISITION OF CER- TAIN REAL ESTATE, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE!:: BOARD OF PUBLIC WORKS. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of six ayes and three nays (Council Members Kopczynski, Adams and Horvath.) c/ REGULAR MEETING MARCH 26, 1979 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6571 -79 AN ORDINANCE APPROPRIATING $325,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE DESIGN AND CONSTRUCTION OF A FIRE STATION TO BE LOCATED IN THE AREA OF THE AIRPORT INDUSTRIAL PARK, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Taylor 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. 6572 -79 AN ORDINANCE APPROPRIATING $70,000.00 FROM THE LOCAL ROAD AND STREET FUND, AND $69,500.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT R &S 7902, MONROE, MAIN TO LAFAYETTE, 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. ORIDNANCE NO. 6573 -79 AN ORDINANCE APPROPRIATING $603,800.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS -513 CLEVELAND ROAD -TRUNK SEWER, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 689 -79 AN INDUCEMENT RESOLUTION RELATING TO THE HABLIN COMPANY, INC., PROJECT. WHEREAS, pursuant to I.C. 18- 6 -4.5, the Common Council of the City of South Bend, Indiana created the South Bend Ecnomic Development Commission, which Commission heretofore has investigat. ed., studied, surveyed and reported to the Mayor and the Common Council of the City of South Bend, Indiana, that a need exhists in the community for additional job opportunities and com- mercial and industrial diversification within the City of South Bend, Indiana; and in order to improve and promote job opportunities, commercial diversification, and the general welfare of the area within the City of South Bend, Indiana, a financing agreement should be entered into with Hablin Company, Inc., or its assigns, relating to a project to be known as the "Hablin Company, Inc. Project "; and WHEREAS, Hablin Company, Inc. is an existing corporation established in the trade or business of renting commercial and office property and desires to expand substantially its operations with the result that it will obtain a substantial number of new tenants who will employ a sub- stantial number of employees and be the principal users for such prupose of a building on real estate located in the City of South Bend, Indiana, which real estate is now owned by parties commonly referred to as the Livingston heirs, and which property comprises a 3 story building located on real estate described as 42 feet in width north and south taken off of the entire length of the north side of Lot 287 as shown on the original Plat of the Town, now City of South Bend; and WHEREAS, to induce Hablin Company, Inc., or its assigns, to become the principal user of such Economic Development Facilities, the Common Council of the City of South Bend esires to adopt this resolution; and WHEREAS, it is apparent that the development of the Hablin Company, Inc. Project will in- crease job opportunities and commercial diversification in South Bend, Indiana, resulting in benefit to the welfare of the public in the City of South Bend, Indiana, and in St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That approval is hereby given to the application of Hablin Company, Inc., or its assigns, relating to the acquisition of such building and real estate located in South Bend, Indiana, and the construction and reconstruction of the same wherein Industrial Revenue Bonds would be issued by the City of South Bend, Indiana, for an amount not exceeding Five Hundred Thirty Thousand ($530,000.00) Dollars, 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 Hablin Company, Inc., or its assigns, for such Industrial Revenue Bond issue relating to the acquisition and construction and, reconstruction 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 Revenue 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 and reconstruction of such Economic Development Facilities. SECTION 3. Any costs or expenses incurred in connection with said Hablin Company, Inc. Project shall be included in the project costs and reimbursed from the proceeds of the Industrial Revenue Bonds to be issued with respect thereto. SECTION 4. This resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend and approval by the Mayor. /s /Richard C. Dombrowski Member of the Common Council REGULAR. MEETING MARCH 26, 1979 REGULAR MEETING RECONVENED (CONTINUED) A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated this was a proposed Economic Development Bond financing the acquisition of the north forty -two feet of property commonly known as the Frances Shop Building and the refurbishing of that structure. He indicated this would allow Dainty Maid to expand their business, and lease the balance of the structure. Council Member Horvath made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION A RESOLUTION OF THE CITY OF SOUTH BEND REQUESTING DELETION FROM THE 1979 -1981 COMMUNITY DEVELOPMENT BLOCK GRANT AP- PLICATION THE AMOUNT OF $3,000,000.00, REFERRED TO AS A "SECTION 108 LOAN." A public hearing was held on the resolution at this time. Sixth District Councilman, Walter Kopczynski, indicated there has been development in the Monroe /Sample area since the Council voted on the grant application. He said this has changed the complexion of that area, and this $3,000.00 was no longer needed to redevelop that area. Mr. Goerge Proctor- Smith, 1702 Hildreth, indicated that the residents of the Southeast Neighborhood wanted redevelopment, but they wanted the neighborhood to remain residential. He spoke some rather harsh words against the Redevelopment Commission. Mr. F. Jay Nimtz, President of the Redevelopment Commission, spoke on behalf on the Commission. Glenda Hernandez, 702 E. South, indicated that the basic premises for seeking the Section 108 Loan was for Business Systems; and since they were leaving the City, that was no longer necessary. Mr. Charles Sinclair, 522 E. St. Joseph, commended Councilman Kopczynski. He indicated they were not a blighted area, but a neighborhood that needs help. Council Member Miller indicated that the $3,000,000 Section 108 Loan was not only for the Monroe /Sample area, but it was also for the left bank of the river. He made a motion to defeat this resolution, seconded by Council Member Taylor. Council Member Adams indicated she could not support this motion. The resolution was defeated by a roll call vote of six ayes and three nays (Council Members Kopcyznski, Adams and Horvath.) RESOLUTION NO. 690 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA DEPARTMENT OF SOCIAL SERVICES, AN APPLICATION FOR FUNDS UNDER TITLE XX OF THE SOCIAL SECURITY ACT OF 1936, AS AMENDED. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, and is the applicant for the Title XX Grant Funds. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That it hereby establishes the authority of the Mayor of the City of South Bend to submit an application for Title XX funds in the amount of Twney -one Thousand Six Hundred Sixty -six dollars and sixty -seven cents ($1,666.67) to the Indiana Departmement of Social Ser- vices under Title XX of the Social Security Act of 1936, as amended. SECTION II. That the Executive Director of the Youth Service Bureau shall be designated the Administrative Agent for the grant. That for every category established under this Resolu- tion, the Mayor shall submit to the Common Council a line item budget in ordinance form, prior to the expenditures of any grant money received upon approval of this application. SECTION III. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Walter M. Szymkowiak Member of the Common Council A public hearing was held on the resolution at this time. Ms. Bonnie Strycker, Director of the Youth Service Bureau, indicated they were requesting approval to submit an application for funding in the amount of $21,666.67, under Title XX of the Social Security Act of 1936, as amended. She indicated a twenty -five percent match was required. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 691 -79 A RESOLUTION AUTHORIZING THE CITY OF SOUTH BEND TO CONVEY CERTAIN REAL ESTATE TO THE DEPARTMENT OF REDEVELOPMENT IN EXCHANGE FOR REAL ESTATE OWNED BY THE DEPARTMENT OF RE- DEVELOPMENT. WHEREAS, the CIty of South Bend acting by and through its Board of Public Works has an optic to purchase certain real estate known as the Odd Fellows Building for $288,000.00; and the Common Council of theCity of South Bend has appropriated said sum for the purchase of said Building; and the City of South Bend intends to exercise said option and complete the purchase thereof. WHEREAS, the City of South Bend through its Department of Redevelopment owns 3.9 acres of land located in the City of South Bend, Indiana, known as DIsposition Parcel No. 6 -2, which prperty has an approximate value of $160,000.00. WHEREAS, the City of South Bend through its Department of Redevelopment owns 0.9 acres of land located in the City of South Bend, Indiana, known as Disposition Parcel No. 2 -13, which property has an approximate value of $103,900.00. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: REGULAR MEETING MARCH 26, 1979 REGULAR MEETING RECONVENDED (CONTINUED SECTION I. The city of South Bend acting by and through its Board of Public Works is hereby authorized, after the exercise of the option to purchase the real estate commonly described as the Odd Fellows Building located in the City of South Bend, Indiana to transfer, exchange and convey said real estate to the Department of Redevelopment in exchange for the conveyance by the Department of Redevelopment to the City of South Bend of real estate located in the City of South Bend, known as Disposition Parcel Nos. 6 -2 and 2 -13, and consisting in total of 4.8 acres. SECTION II. This resolution shall be in full force and effect from and after its passage by the Common Council, and its approval by the Mayor. Terry S. Miller Member of the Common Council A public hearing was held on the resolution at this time. The purpose of this resolution was explained by the Mayor, during the public hearing for Ordinance no. 6570 -79. Council Member Miller made a motion to adopt this resolution, seconded by Council Member Szymkowiak. Council Member ADams questioned whether this building could be demolished without Council approval. Mr. Carl Ellison, Director of Redevelopment, indicated that Redevelopment could demolish this building without Council approval. Council Member Adams indicated this motion should be defeated and this matter tabled until the study is received. Council President Parent indicated that the Administration wants to demolish the Odd Fellows Building and that Redevelopment has a history of demolition. Council Member Horvath indicated it was not that important that the resolution be passed at this meeting. He indicated there was time after the study is received. Council Member Adams made a motion to amend the resolution by adding a new Section II, to read "The real estate commonly known as the Odd Fellows Building cannot be demolished without specific approval of the Common Council. ", seconded by Council Member Kopczynski. Council Attorney Cekanski, was asked if this resoltution was legal, since the City does not own this property at this time. She indicated that this was proper procedure. The motion to amend failed on a roll call vote of four ayes and five nays (Council Members Serge, Szymkowiak, Miller, Taylor and Dombrowski.) The motion to adopt passed by a roll call vote of five ayes and four nays (Council Members Kopczynski, Adams, Horvath and Parent.) BILLS, FIRST READING BILL NO. 38 -79 A BILL AMENDING CHAPTER 7, ARTICLE 5, SECTION 7 -76, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS THE SCRAP AND JUNK DEALERS ORDINANCE, BY REQUIRING THAT THE FENCING OF SCRAP AND JUNK YARDS BE CONSTRUCTED OF SOLID OR OPAQUE MATERIAL, BY PROHIBITING THE PILING OF SCRAP OR JUNK ABOVE THE HEIGHT OF THE FENCING, AND BY AUTHORIZING THE BOARD OF PUBLIC WORKS TO ADOPT RULES AND REGULATIONS. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading April 9, 1979, seconded by Council Member Taylor. The motion carried. BILL NO. 39 -79 A BILL APPROPRIATING $300,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR DEVELOPMENT OF PERMANENT, INTERPRETIVE EXHIBITS FOR THE DISCOVERY HALL MUSEUM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to strike this bill, seconded by Council Member Kopczynski. The bill was tricken by a roll call vote of six ayes and three nays (Council Members Szymkowiak, Miller and Taylor.) UNFINISHED BUSINESS Reports from Area Plan - 2610 Prairie and Bill No. 15 -79 2610 - Prairie: "Upon a motion by Joseph Simeri, being seconded by Russell Rothermel and unanimously carried, the petition, as amended, of Leonard M. Ettl, to zone from "A" Residential, "A" Height and Area, to "C" Commercial, "A" Height and Area, property located approximately 850 feet southwest of the corner of Olive and Prairie Avenue, City of South Bend is returned to the Common Council with a favorable recommendation, subject to a final site plan which indicates in square footage what proportion each use entails, a storm drainage design that meets the City Engineer's requirements, a sanitary sewage system that meets the Health Department's and City Engineer's requirements, and a curb cut permit with the State Highway Department." Bill No. 15 -79 "Upon a motion by Earl Kime, being seconded by Rene Vandewalle and un- animously carried, the ordinance initiated by Mary Chris Adams requiring that proposed rezonings in the City of South Bend be advertised by common address and that the property have a public notice posted thereon, City of South Bend, is feturned to the Common Council with an unfavorable recommendation for the following reasons: the higher residential density of city neighborhoods usually insures a ripple effect of neighbors notifying one another; the Area Plan Commission notifies one of the twenty neighborhood groups that a rezoning petition has been submitted; signs usually do not last long once on a location; and should the Plan Commission approve this petition, it should not be an ordinance, but rather a resolution." REGULAR MEETING MARCH 26, 1979 REGULAR MEETING RECONVENED (CONTINUED) Council Member Adams made a motion to set these bills for public hearing and second reading April 9, 1979, seconded by Council Member Taylor. The motion carried. NEW BUSINESS Council Member Serge asked that a letter be sent to the Mayor indicating that special crews should be available to handle emergency problems. There being no further business to come before the Council, unfinished or new, Council Member Dombrowski made a motion to adjourn, seconded by Council Member Serge. The motion carried and the meeting was adjourned at 9:30 p.m. ATTEST: City Clerk APPROVED: e r