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HomeMy WebLinkAbout04-09-79 Council Meeting MinutesREGULAR MEETING APRIL 9, 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, April 9, 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, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: Council Member Taylor 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 26, 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 March 26, 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 Serge. 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, April 9, 1979, at 7:01 p.m., with eight members present. BILL NO. 16 -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) (2610 PRAIRIE.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Joseph Ettl, attorney for the petitioner, made the presentation for the bill He indicated this rezoning would allow for a pizza carry -out restaurar at this location. He indicated that there was a grocery at this location, and the pizza restaurar would be in addition to the grocery. Mrs. Jane Swan, 2022 Swygart, spoke in favor of this re- zoning. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 15 -79 A BILL AMENDING CHAPTER 21, ARTICLE 7, SECTION 21 -120 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY REQUIRING THAT PROPOSED REZONINGS BE ADVERTISED BY COMMON ADDRESS AND THAT THE PROPERTY HAVE A NOTICE PbSTED THEREON. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mary Christine Adams, Councilman -at- Large, made the pre- sentation for the bill. She indicated this bill was unanimously passed by the Council on January 22, 1979, however, due to a procedural oversight it was not referred to Area Plan. She indicated thsi bill would require that all proposed rezonings be advertised by street address and that a public notice be posted thereon. She indiated this would further neighborhood involvement in the rezonings. Council Member Kopczynski made a motion to recommend this bill to the Council favorab- seconded by Council Member Dombrowski. The motion carried. �t le, t 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 APRIL 9, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED 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 CONSTRUCED 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. James Masters, Assistant City Attorney, made the presentation for the bill. He indicated that this proposed bill would amend the present City ordinance regulating scrap and junk yards by requiring such yards to be fully enclosed by solid or opaque fencing and to prohibit the piling of scrap or junk above the height of the fence. He said the present ordinance required only that there be a six foot solid fence, hwoever, there was a major exception in that no fencing is required along a railroad siding. He said the pre- sent ordinance allows the piling of scrap above the fence. He said this amendment to the present ordinance would serve as an effective means to safeguard the integrity of residential neighbor- hoods by requiring that scrap or junk sotred in such yards be screended from public view. He indicated that the proposed bill had an error in Section I and Section II in that it refers to Article 7, and it should be Article 5. Mr. Andrew Rupchock, 606 Indiana, asked the meaning of opaque. It was explained that.opaque means not transparent. Mr. James McMahon, attorney re- presenting Breman Iron and Metal, indicated that his client was willing to meet any reasonable requirement imposed by the Council. He said that the requirement that scrap could only be piled six foot high on a railroad siding would impose an economical hardship on the company. Mr. Harold Brueseke, attorney representing several scrap dealers in the area, showed a film depicting the operation of a scrap yard. He said the concern of his clients as far as the fencing requirement is concerned, is that if they are required to have a fence equal or as high as the piling of scrap it could be fifteen to twenty feet high. He indicated if they have to have a maximum of six feet they would have to acquire more land. He indicated there should be more consideration and study given to this proposed bill. Council Member Horvath indicated this bill would cause many problems for the scrap dealers, and more thought should be given to this bill. He indicated that the Council, neighborhood groups and the junk dealers should work together to obtain a workable bill. Mrs. Jane Swan, 2022 Swaygart, indicated more work should be done on this bill, but a least this was a start, and something has to be done. Ms. Holly.Brown, 215 E. Bronson, indicated that if the yards were fenced it would discourage dumping outside of the fence Council Member Adams made a motion to amend the bill, as reflected in the proposed amendment, by striking Sections I, II, and III, and substituting Section IV, except in (c) remove the date of January 1, 1980. There was a discussion regarding the Council rule of not stripping a bill. Council Member Adams withdrew her motion. Council Member Parent made a motion to refer this bill to the Public Works Committee, seconded by Council Member Serge. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Kopczynski made a motion to rise and report to the Council, seconded by Council Member Adams. The motion carried. ATTEST: _P" City Clerk ATTEST: airman REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend recon- vened in the Council Chambers on the fourth floor of the County -City Building at 8:02 p.m., Council President Parent presiding and eight members present. Council Member Serge asked Mr. Mullen to send him a list of the licensed junk yards. Council Member Dombrowski indicated that a letter should be sent to neighborhood groups advising them of the Public Works Committee meeting. BILLS, SECOND READING ORDINANCE NO. 6574 -79 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) (2610 PRAIRIE.) This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6575 -79 AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 7, SECTION 21 -120 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY REQUIRING THAT PROPOSED REZONINGS BE ADVERTISED BY COMMON ADDRESS AND THAT THE PROPERTY HAVE A PUBLIC NOTICE POSTED THEREON. 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 eight ayes. 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. Council Member Dombrowski made a motion to refer this bill to the Public Works Committee and bring it back to the Council in six weeks, seconded by Council Member Adams. The motion carried. REGULAR MEETING APRIL 9 1979 RESOLUTIONS RESOLUTION,NO. 692 -79 AN INDUCEMENT RESOLUTION RELATING TO THE WELTEK, 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, following an investiga- tion and survey, 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 o- portunities and commercial and in- dustrial 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 withi the City of South Bend, Indiana, a financing agreement should be entered into with Weltek, Inc., or its assigns, relating to a project to be known as the ''Weltek, Inc. Project; and WHEREAS, Weltek, Inc. is an existing corporation organized under the laws of the State of Indiana engaging in the business of manufacturing and selling electronic products and desires to expand substantially its operations with the result that it will retain a substantial number of new employees, and, WHEREAS, Weltek, Inc. proposes to acquire a pracel of real estate located in Phase III of the Airport Industrial Park in the City of South Bend, the same being Lot l in Block 4 of said Phase III, and to construct thereon an industrial facility consisting of some 16,000 square feet and, WHEREAS, to induce Weltek, 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 the development of the Weltek, Inc. Project will increase 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 Couty, 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 Weltek, Inc. relating to the acquisition of such real estate and the construction of an industrial facility thereon, wherein Industrial Revenue Bonds would be issued by the City of South Bend, Indiana for an amoun not exceeding $550,000.00 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 Weltek, Inc., for such Industrial Revenue Bond issue relating to the acquisition and construction of such Economic Development Facilities, the South. Bend Ecnomic 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 of such Economic Development Facilities. SECTION 3. Any costs or expenses incurred in connection with said Weltek, 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 /Mary Christine Adams Member of the Common Council A public hearing was.held on the resolution at this time. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated this resolution was for a $550,000 industrial revenue bond issue for the acquisition and construction of a facility in the Industrial Park He indicated this would return to the Council in ordinance form, if approved by the Commission. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Miller. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 693 -79 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 Application under Title XX of the Social Security Act of 1936, as amended. 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 $9,084.00 to the Indiana Department of Public Welfare under Title XX of the Social Security Act of 1936, as amended for partial funding of the Runaway Shelter. SECTION II. That the Executive Director of the Youth Service Bureau shall be designated the Administrative Agent for this grant. That for every category established under this Resolution, the Mayor shall submit to the Common Council a line item budget in ordinance form, prior to the expenditure 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 /Mary Christine Adams Member of the Common Council REGULAR MEETING APRIL 9, 1979 REGULAR MEETING RECONVENED (CONTINUED A public hearing was held on the resolution at this time. Ms. Bonnie Strycker, Director of the Youth Service Bureau, indicated this was the first year the Bureau has made application to Title XX for partial funding of the Runaway Shelter. She indicated if approved the Bureau would receive $9,084, and a 25% cash match was required. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 694 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT A GRANT APPLICATION FOR FUNDING OF THE "RUNAWAY SHELTER" FOR THE YEAR 1979. WHEREAS, the -Mayor of the_City:of South-Bend is the Chief Executive Officer of the City, and, therefore, is the Applicant for a Grant for "The Runaway Shelter ". NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend, Indiana: SECTION I. Hereby established the authority of the Mayor of the City of South Bend to sub- mit an application for operation funds in the amount of $52,500.00. SECTION II. The Director of Youth Service Bureau will be designated the Administrative Agent for this project. For every category established under this resolution, Director-of the Youth Service Bureau shall submit to the Common Council a line item budget prior to the ex- penditures of any grant money received upon approval of this application. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Mary Christine Adams 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 $52,500 in Federal funds, the same level as last year. She indicated that the Shelter has been in operation for nearly three years, and it has been a highly successful program. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 695 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, REQUESTING THAT NO SECTION 8 NEW CONSTRUCTION FAMILY HOUSING ASSISTANCE PROJECTS BE BUILT WITHIN THE CITY LIMITS. WHEREAS, the Department of Housing and Urban Development has developed a program of Section 8 New Construction Family Housing Assistance Projects; and WHEREAS, the City's Community Development Department has projected a one -year goal of 200 such units to be built within the City .limits; and WHEREAS, a developer, Forrest Investment Corporation of Bellevue, Washington, has pro- posed a 60 -80 unit complex on a five -acre track of land at the corner of Keller and Logan Streets; and WHEREAS, this proposed development has prompted 954 residents in the area to file a petition in opposition to the project; and WHEREAS, there is no present need for Section 8 New Construction Family Assistance Projects within the City, and therefore all such proposals should be abandoned. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the Common Council of the City of South Bend requests the Community Development Department of the City of Abandon its projected one -year goal of Section 8 New Construction Family Housing Assistance Projects. SECTION II. This resolution shall be.in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s /Mary Christine Adams Member of the Common Council A public hearing was held on the resolution at this time. Council Vice President Serge chaired this public hearing. Council Member Adams indicated there was sufficient multi - family housing in the City. She indicated that we have many structures that are vacant and that are suitable for living and many that are not suitable and should be rehabilitated. She indicated there are two different types of Section 8 Housing, one is family and the other is retired and handicapped, such as the Karl King Towors_,. She indicated we should look at the community as a whole and see if there is a need for multi - family housing. She said she did not feel there waswas such a need. Council President Parent indicated this resolution represented a very ineffective approach to a very serious problem. He indicated that the question was whether there should be additional multi - family units in those areas that are already saturated. He indicated this resolution has the affect that the Council does not want any Section 8 housing anywhere in the CIty. REGULAR MEETING APRIL 9, 1979 REGULAR MEETING RECONVENED (CONTINUED He proposed the following amendment to the resolution: The title should be changed to: "A Resolution of the Common'Council of South Bend, Indiana requesting that no Section 8 New Construction Family Housing Assistance Projects be built at the corner of Keller and Hickory; delete the first two Whereas paragraphs, the third Whereas paragraph should be retained, the fourth Whereas, should be changed to read, "Whereas, the area of Keller and Hickory site is saturated with multi - family units and is presently congested; "and the fifth Whereas, should be changed to read, "Whereas, where is no need to construct Section 8 New Construction Family Assistance Projects in the Keller - Hickory area. ", and keep the Now, There= fore paragraph; and change Section I as follows, "The Common Council of the City.of South Bend requests the Community Development of the City to abandon the projected sixty to eighty unit complex on the five acre tract of land on the corner of Keller and Hickory and other areas that are equally saturated with family units. "; and Section 2 reamin the same, seconded by Council Member Miller. Mr. Andy Migas, President of the Northeast Neighborhood Association, indicated that the Keller - Hickory site should never have been considered. He said they do not feel there is a need for Section 8 housing anywhere in the City. He said the boarded up homes in the City should be addressed before we consider any new construction under Section 8. He said they were in favor of the resolution introduced by Council Member Adams, but they could live with the proposed amendment. Mr. Carl Ellison, Director of Redevelopment, indicated he was not opposed to the Keller- Hickory site. He said there was a need for housing for the poor of this community. Lillian Stanton, 919 Oak Ridge spoke in favor of this resolution. Mrs. Jane Swan, 2022 Swygart, indicated that the South Bend Tribune on March 29, 1979, carried a story regarding the fact that the Housing Authority indicated their vacancy rate was ten percent. She indicated that multi - family projects are not good for children. Mr. Migas indicated he was not against poor people, but believed we should rehab what we have before new construction is even considered. Glenda Hernandez, 702 E. South, indicated that Section 8 housing should not be banned completely in the City. Mr. Rey Hernandez, 702 E. South, indicated that the existing housing stock should be rehabilitated. Larry Crone, 301 Donmoyer, indicated that Mrs. Swan had spoke against children being raised in projects. He said he grew up in a project and if he had it to do again, he would want to be raised in a project. Council Member Kopczynski in- dicated he supported this resolution. Council Member Dombrowski spoke against Council President Parent's maendment. The motion to amend failed on a roll call vote of four ayes and four nays (Council Members Kopczynski, Adams, Dombrowski and Horvath.) Council Member Adams made a motion to adopt the resolution, seconded by Council Member Kopczynski. The resolution was adopt by a roll call vote of five ayes and three nays (Council Members Szymkowiak, Miller and Parent.) RESOLUTION NO. 696 -79 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ABS INDUSTRIES, INC., OR ANY SUBSIDIARY THEREOF, RELATING TO THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF ECONO- MIC DEVELOPMENT FACILITIES TO BE USED AS A HOT FORGING PRESS FACILITY WITHIN THE BOUNDARIES OF THE CITY OF SOUTH BEND, INDIANA. WHEREAS, the City of South Bend, Indiana (the "Issuer "), by virtue of the laws of the State of Indiana, including the Municipal Ecnomic Development Act of 1965, as amended, Indiana Code of 1971, Title 18, Article 6, Chapter 4.5 (The "Act "), is authorized and empowered, among other things, (a) to provide funds to pay costs of economic development facilities within the boundari( of the Issurer, to be owned and used by ABS Industries, Inc. or any subsidiary thereof (the "Company "), (b) to issue economic development revenue bonds for the purpose of paying the costs of such acquisition, construction and financing costs (c) to secure such economic development revenue bonds by an indenture, including the pledge and assignment of revenue derived from such economic development facilities to the payment of said revenue bonds and the granting of a mortgage on such facilities for the benefit of the 'bondholders, and (d) to enter into a loan agreement hereinafter mentioned; and WHEREAS, the Company is a corporation duly organized under the laws of the State of Ohio and desires to locate economic development facilities within the Issuer to be used as a hot forgining press facility (the "Facility "); and WHEREAS, it is the desire of the members of the Common Council of the Issuer that the additional jobs and employment opportunities resulting from the Facility be provided at the earliest possible moment and that the economic improvement produced by the operation of the facility within the Issuer occur at the earliest possible time; and WHEREAS, under theprovisions of the Act it will be necessary for the South Bend Economic Development Commission (The "Commission ") and the Common Council of the Issuer to undertake certain proceedings and adopt certain legislation prior to the issuance of any economic develop- ment revenue bonds to provide funds for the acquisition, construction and installation of such Facility and prior to the execution of any loan agreement therefor; and WHEREAS, this Common Council desires to initiate certain formal steps necessary to secure the commitment of the Company to acquire and use the Facility and to provide for other matters incidental thereto; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION I. It does hereby approve a finding and determination by the Commission that: a. The real and personal property to be included in the Facility will be an "economic development facility" within the meaning of those terms in the Act. b. That the utilization of such real and personal property in the creation and location of the Facility would be economically sound and will benefit the health, prosperity, economic stability and general welfare of the Issuer and that because of existing insufficient employment opportunities and insufficient diversification of industry within the Issuer, the economic welfare of the Issuer would be benefited by the acquisition and use of the Facility by the Company. SECTION 2. In order to overcome insufficient employment opportunities and insufficient diversifications of industry which the Common Council of the Issuer has heretofore found to REGULAR MEETING APRIL 9, 1979 REGULAR MEETING RECONVENED (CONTINUED) Exist in the Issuer, this Common Council determines to commence negotiations with the Company concerning the terms of a loan agreement and desires to initiate certain formal steps to secure the commitment of the Company to acquire and use the Facility and to provide for other matters incidental thereto. SECTION 3. Upon the approval and execution by the Commission of an agreement containing substantially the same terms and conditions as Exhibit A attached thereto, the Mayor is authoriz- ed and directed to execute the Agreement in the form attached hereto as Exhibit A, and such Agreement as attached hereto is hereby in all respects approved. SECTION 4. This resolution shall be in full force and effect from and after its passage by the Common Council, signed by the President of the Common Council and approved by the Mayor. /s/ Mary Christine Adams Member of Common Council A public hearing was held on the resolution at this time. Mr. Warren McGill, attorney, indicate( this was an inducement resolution. He said this company planned to build a forging facility in the Airport Industrial Park. He indicated this would be a $6,000,000 project and will initially employ sixty -one employees. He indicated this was an Ohio firm and they were very pleased that they had decided to build an operation in South Bend. He indicated that if the Economic Development Commission approves the bonding, this will come beforethe Council in the form of an ordinance. Council Member Adams made a motion to adopt this resolution, seconded by Council Member Horvath. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING ORDINANCE NO. 6586 -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 H.T.W. PARTNERSHIP, AN INDIANA PARTNERSHIP. This bill had first reading. Council Member Miller made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Adams. The motion carried on a roll call vote of eight ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission,. made the presentation for the bill. He indicated this was a supplemental issue of $150,000 for the expansion and completion of facilities located at 3722 Foundation Court. Council Member Serge made a motion to pass this bill, seconded by Council Memberpombrowski. The bill passed by a roll call vote of eight ayes. BILL NO. 41 -79 A BILL APPROPRIATING $14,735.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF EMPLOYMENT AND TRAIN - ING. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading May 14, 1979, seconded by Council Member Adams. The motion carried. BILL NO. 42 -79 A BILL APPROPRIATING $13,000.00 TO ACCOUNT 722.0, MOTOR EQUIPMENT, FOR THE POLICE DEPARTMENT BUDGET IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading May 14, 1979, seconded by Council Member Adams. The motion carried. BILL NO. 43 -79 A BILL APPROPRIATING INTEREST EARNED FROM THE PURCHASE OF CERTIFICIATES OF DEPOSIT OUT OF THE PROCEEDS OF THE 1977 PARK DISTRICT BOND CONSTRUCTION FUND 50 IN THE AMOUNT OF $48,000.00. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading May 14, 1979, seconded by Council Member Adams. The motion carried. BILL NO. 44 -79 A BILL APPROPRIATING $20,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE ACQUISITION OF PROTECTIVE COATS FOR THE SOUTH BEND FIRE DEPARTMENT. TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THRUGH ITS FIRE DEPARTMENT. This bill -.had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading May 14, 1979, seconded by Council Member Dombrowski. The motion carrif NEW BUSINESS Council Member Miller made a motion that the next regularly scheduled meeting of the CouiVl be May 14, 1979, seconded by Council Member Horvath. The motion carried. There being no further business to come before the Council, unfinished or new, Council Membe Dombrowski made a motion to adjourn, seconded by Council Member Adams. The motion carried and the meeting was adjourned at 9:12 p.m. ATTEST: APPROVED: , City Clerk Presi nt ;