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HomeMy WebLinkAbout09-24-79 Council Meeting MinutesREGULAR MEETING SEPTEMBER 24, 1.979 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, September 24, 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, Szymkoiwak, 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 September 10, 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 September 10, 1979, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. REGULAR. IyFFTING SEPTEMBER 24, 1979 SPECIAL BUSINESS Council Member Taylor made a motion to appoint Algie Oldham to the Police Merit Board, seconded by Council Member Serge. The motion carried. Council Member Adams 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, September 24, 1979, at 7:05 p.m., with nine members present. Chairman Horvath presiding. BILL NO. 89 -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) (615 N. MICHIGAN.) This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Bruce Hammerschmidt, attorney for the petitioner, ma the presentation for the bill. He indicated this rezoning was to change the height and area in order to construct a new surgical suite, and central supply building, without any setback requirements. Council Member Kopczynski: made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 111 -79 A BILL TRANSFERRING THE SUM OF $4,152.33 FROM ACCOUNT NO. 110.0, SALARIES AND WAGES REGULAR; $300.00 FROM ACCOUNT NO. 251.0, BUILDING AND STRUCTURES REPAIR; AND $4,886.94 FROM ACCOUNT NO. 260.0, OTHER CONTRACTUALS TO ACCOUNT NO. 370.0, OTHER SUPPLIES IN THE AMOUNT OF $4,482.76 AND TO ACCOUNT NO. 722.0 MOTOR EQUIPMENT IN THE AMOUNT OF $4,856.51, ALL ACCOUNTS BEING WITHIN THE BUREAU OF COMMUNICATIONS BUDGET. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Iris. Mary Ellen Resnick, Fiscal Officer, made the pre- sentation for the bill. She indicated this $9,339.27 transfer was needed to purchase a new van, and the balance will be used to handle a shortage in the Other Supplies account to cover the balance of 1979's anticipated charges. 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 Taylo made a motion to rise and report to the Council, seconded by Council Member Dombrowski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: 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 7:16 p.m., Council President Parent presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6641 -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) (615 N. MICHIGAN.) This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6642 -79 AN ORDINANCE TRANSFERRING THE SUM OF $4,152.33 FROM ACCOUNT NO. 110.0, SALARIES AND WAGES, REGULAR; $300.00 FROM ACCOUNT NO. 251.0, BUILDING AND STRUCTURE REPAIR; AND $4,886.94 FROM ACCOUNT NO. 260.0, OTHER CONTRACTUALS TO ACCOUNT NO. 370.0, OTHER SUPPLIES IN THE AMOUNT OF $4,482.76 AND TO ACCOUNT NO. 722.0 MOTOR EQUIPMENT IN THE AMOUNT OF $4,856.51, ALL ACCOUNTS BEING WITHIN THE BUREAU OF COMMUNICATIONS BUDGET. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. REGULAR MEETING SEPTMEMBER 24, 1979 REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 719 -79 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL DECLARING CERTAIN PORTIONS OF THE DOWNTOWN AREA OF SOUTH BEND, INDIANA, TO BE AN URBAN DEVELOPMENT AREA FOR PURPOSES OF I.C. §6 -1.1- 12.1 -1 THROUGH I.C. §6 -1.1- 12.1 -6 INCLUSIVE. WHEREAS, upon investigation of the conditions of the downtown area of South Bend, Indiana, the Common Council of South Bend, Indiana has found: 1. That the downtown area of South Bend, Indiana, as :specifically herein described, has become blighted to such an extent that such conditions cannot be corrected by regulatory processes, or by the ordinary operations of private enterprise, without report to the special provisions understate law benefiting urban downtown areas. 2. That the public health and welfare will be benefited by the redevelopment of such area under the provisions of state law benefiting urban development areas. 3. That the downtown area of South Bend, Indiana, with respect to which these findings are made is the area bounded as follows: Commencing at the intersection of the centerline of East Washington Street and the centerline of St. Joseph Street in South Bend, Indiana; thence northerly along the centerline of St. Joseph Street to the centerline of East Colfax Avenue; thence westerly along the centerline of East Colfax Avenue to its intersection with the centerline of Michigan Street as formerly existing (which such point is located 41.25 feet North and 49.5 feet East of the Northeast corner of Lot No. 13 in the Original Plat of South Bend, Indiana); thence southerly along the centerline of what was formerly known as Michigan Street to the centerline of Washington Street; thence easterly along the centerline of Washington Street to the intersection with the centerline of St. Joseph Street and the point of beginning. 4. That the designation of such downtown area as an urban development area for purposes of I.C. 96 -1.1- 12.1 -1 through I.C. 96 -1.1- 12.1 -6, inclusive will materially benefit the city and inhabitants of South Bend, Indiana, by significantly encouraging the construction, recon- struction, improvement, and general development of the downtown area and the buildings and land situated therein. Now, therefore on the basis of such findings, and after such investigation duly made by this Common Council, BE IT HEREBY RESOLVED: 1. That the above - described downtown area of South Bend, Indiana is declared a blighted area constituting a menace to the social and economic interest of the City of South Bend, Indiana and its inhabitants. 2. That it will be of public utility and benefit to encourage redevelopment of the area through the provisions of I.C. §6 -1.1- 12.1 -1 through I.C. §6 -1 -1- 12.1 -6, inclusive 3. That such area so described is hereby declared and found to be an Urban Development Area for purposes of I.C. 96 -1.1- 12.1 -1 through I.C. §6 -1.1- 12.1 -6, inclusive, which area in South Bend, Indiana, is located within the following general boundaries: Commencing at the interesection of the centerline of East Washington Street and the centerline of St. Joseph Street in South Bend, Indiana; thence northerly along the centerline of St. Joseph Street to the centerline of East Colfax Avenue; thence westerly along the centerline East Colfax Avenue to its intersection with the centerline of Michigan Street as formerly existing (which such point is located 41.25 feet North and 49.5 feet East of the Northeast corner of Lot No. 13 in the Original Plat of South Bend, Indiana); thence southerly along the centerline of what was formerly known as Michigan Street to the centerline of Washington Street; thence easterly along the centerline of Washington Street to the intersection with the centerline of St. Joseph Street and the point of beginning. /s /Roger 0. Parent Member of the Common Council A public hearing was held on the resolution at this time. 'Mr. Warren McGill, attorney represent- ing the Marriott and First Bank, indicated this resolution would allow this project to qualify to tax abatement. He indicated there had been some question raised as far as the entire R66 area qualifying for tax abatement, and some felt that just the "hole project" should qualify, therefore, he had prepared an amendment to the resolution. Council Member Kopczynski made a motion to amend the resolution on pages 1, 2 and 3, by changing the legal descriPion as follows: "Commencing at the intersection of the centerline of East Washington Street and the centerline of St. Joseph Street in South Bend, Indiana; thence northerly along the centerline of St. Joseph Street to the centerline of East Colfax Avenue; thence westerly along the centerline of East Colfax Avenue to its interesection with the centerline of Michigan Street as formerly existing (which such point is located 41.25 feet North and 49.5 feet East of the Northeast corner of Lot No. 13 in the Original Plat of South Bend, Indiana; thence southerly along the centerline of what was formerly known as Michigan Street to the centerline of Washington Street; thence easterly along the centerline of Washington Street to the intersection with the centerline of St. Joseph Street and the point of beginning. "; seconded by Council Member Horvath. The motion carried. Council Member Szymkowiak made a motion to adopt the resolution, as amended, seconded by Council Member Adams. The resolution was adopted by a roll call vote of nine ayes. REGULAR MEETING SEPTEMBER 24, 1979 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION NO. 720 -79 A RESOLUTION BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ACCEPTING A GIFT OF UP TO $380,000.00 FROM THE MUESSEL- ELLISON TRUST AND THE STANLEY A AND FLORA P. CLARK COMMUNITY TRUST, TO BE USED FOR THE CONSTRUCTION OF THE POTOWATOMI PARK ZOO EDUCATION AND ORIENTATION BUILDING. WHEREAS, the CIty of South Bend is presently renovating and expanding the Potawatomi Zoo with the financing provided form a Park District Bond Issue; and WHEREAS, certain projects were eliminated from the construction because of limited funds from the bond issue; and WHEREAS, the Muessel- Ellison and Stanley A. and Flora P. Clark Trusts have graciously offered to donate up to $380,000.00 toward the construction of an Education and Orientation Building (one of the previously eliminated projects). SECTION I. That acceptance of the aforementioned gift is hereby given by the Council. SECTION II. That the Council understands that said gift is contingent upon the city appropriating matching funds for said project in an amount equal to $100,000.00 from the city's 1980 revenue sharing allocation. 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 /Water M. Szymkowiak Member of the Common Council A public hearing was held on the resolution at this time. Mr. Peter Mullen, City Controller, indicated that contingent upon the $380,000 grant was the fact that the City must match with $100,000. He indicated the $100,000 would be taken from 1980 Revenue Sharing Funds. He said that as a result of weather, increasing inflation and other time restraints, it was necessary for the Council to indicate their preference on the receipt of the $380,000 grant and the appropriation of the $100,000. He said this money would be used to build a zoo educational building at Potawatomi Park. Council Member Adams indicated that the $100,000 could be added to the park bond issue. Mr. Mullen said that this would delay construction, as the bond issue would not be ready until next spring. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Miller. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member ADams.) RESOLUTION NO. 721 -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 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 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 the Jurtin's Construction Company for the General rehabilitation work on the following properties: Lot #51 -52 Oak Park lst. 807 E. Dubail $5,093.20 Lot #60 Indiana Ave. 732 E. Haney 4,659.00 Lot #223 W &K Wengers 6th Add. 730 E. Broadway 2,069.80 Lot #35 -36 -37 Oak Park 4th Add. 809 E. Ewing 3,826.70 Lot #126 Q Soren 934 N. St. Peter 1,480.00 Lot #202 Oliver,2nd Add. 1517 S. Arnold 4,618.00 $22,746.70 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 /Walter M. Szymkowiak Member of the Common Council A public hearing was held on the resolution at this time. Mr. James Harcus, Director of the Bureau of Housing, indicated that the approval of this resolution was necessary in order for them to rehabilitate these homes. 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 NO. 722 -79 AN INDUCEMENT RESOLUTION RELATING TO THE NILES AVENUE PARTNERSHIP PROJECT. WHEREAS, pursuant to I.C. 18- 6 -4.5, the Common Council of the City o-f_South Bend, Indiana, created the South Bend Economic Development Commission, which Commission has heretofore in- vestigated, 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 and industrial diversification within the City ofSouth 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 "NILES AVENUE PARTNERSHIP" or its assigns, relating to a project to be known as the "NILES AVENUE PARTNERSHIP PROJECT "; and REGULAR MEETING RECONVENED (CONTINUED WHEREAS, Niles Avenue Partnership will be a formed to engage in the trade or business of acq ment and development of unimproved or improved r chaser of land located on Jefferson Boulevard an Indiana, and desires to restore, rehabilitate an located thereon for mixed retail and /or office a Thousand (21,000) square feet and to lease said a which project is anticipated to create Twenty -fi SEPTEMBER 24, 1979 Indiana Limited Partnership which will be ring of real estate and holding for invest- 1 'estate and it presently the intended pur- Niles Avenue in the City of South Bend, develop the present commercial buildings as containing approximately Twenty -one as to commercial enterprises and tenants, (25) new jobs; and WHEREAS, to induce Niles Avenue Partnership,) 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 "NILES AVENUE PARTNERSHIP PROJECT will increase job opportunities and commercial diversification in South Bend, Indiana, re- sulting in a 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 1. That approval is hereby given to the application of Niles Avenue Partnership, or its assigns, relating to the purchase of land and the restoration, rehabilitation and de- velopment of such economic development facilities under an arrangement whereby the cost of such land, restoration, rehabilitation and development would be paid from the proceeds of the Industrial Revenue Bonds to be issued by the City of South Bend, Indiana, for an amount not exceeding Seven Hundred Fifty Thousand ($750,000.00) Dollars, repayable with interest thereon over a period of time and with a maturity date which does not exceed beyond Twenty (20) Years after the issue date. Section 2. In order to encourage, induce and solicit such application by Niles Avenue Partnership forl.,such Industrial Revenue Bond issue relating to the land purchase, restoration, rehabilitation and development of such economic development facilities, the South Bend Economic Development Commission on behalf of the City of South Bend, shall proceed to cooperate with and take such action as may be necessary in the approval and drafting of documents or the performing of such other acts as will facilitate the issuance of such Industrial Revenue bonds by the City of South Bend to provide funds to be used in the land purchase and restoration, rehabilitation and development of such economic development facilities. Section 3. Any costs or expenses incurred in connection with said "NILES AVENUE PARTNER- SHIP 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 approved by the Mayor. /s /Walter M. Szymkowiak 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, introduced Mr. James Cook, a partner in the project. Mr. Cook indicated they intended to purchase land located on Jefferson Boulevard and Niles Avenue, to restore, rehabilitate and develop the present commercial buildings for mixed retail and /or office areas. Mayor Nemeth commended Mr. Cook and his group for undertaking this project. Council Memer Adams made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 114 -79 A BILL AMENDING CHAPTER 20, article 8, COMMONLY KNOWN AS TRUCK ROUTES BY AMENDING SECTION 20- 109 TO INCLUDE DELIVERY AND UN- LOADING EXCEPTIONS, PARKING PROHIBITIONS, AND PENALTIES. This bill had first reading. Council Member Adams made a motion to set this bill for pbulic hearing and second reading October 8, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 115 -79 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA ADMINISTRATIVE COST EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1979 AND ENDING SEPTEMBER 30, 1980, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 8, 1979, seconded by Council Member Dombrowski. The motion carried. a REGULAR MEETING SEPTEMBER 24, 1979 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 116 -79 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE II EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1979, AND ENDING SEPTEMBER 30, 1980, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 8, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 117 -79 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE II D EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1979, AND ENDING SEPTEMBER 30, 1980, INCLUDING ALL OUTSTANDING CLAIMS AND OB- LIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 8, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 118 -79 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE IV EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1979, AND ENDING SEPTEMBER 30, 1980, INCLUDING ALL OUTSTANDING CLAIMS AND OB- LIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 8, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 119 -79 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE VI EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1979 AND ENDING SEPTEMBER 30, 1980, INCLUDING ALL OUTSTANDING CLAIMS AND OB- LIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 8, 1979, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6643 -79 AN ORDINANCE TRANSFERRING $125,000.00 FROM ACCOUNT NO. 440.0, OTHER MATERIALS TO ACCOUNT NO. 260.0, OTHER CONTRACTUALS, BOTH ACCOUNTS BEING WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Adams made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Dombrowski. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 6644 -79 AN ORDINANCE TRANSFERRING THE SUM OF $19,000.00 FROM ACCOUNT NO. 440, OTHER MATERIALS TO ACCOUNT NO. 260, OTHER CONTRACTUALS, BOTH ACCOUNTS BEING WITHIN THE BUREAU OF STREETS BUDGET OF THE MOTOR VEHICLE HIGHWAY FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Dombrowski. The motion carried on a roll call vote of nine ayes. Council Member Dombrowski made a motion to have public hearing on both bills at this time, seconded by Council Member Adams. The motion carried. This being the time heretofore set for public hearing on the above bil.ls,proponents and opponents were given an opportunity to be heard. Mr. John Leszczynski, Manager of the Bureau of Public Construction, made the presentation for the bills. He indicated these transfer would allow the City to complete its resurfacing and maintenance program for 1979. He said the 1979 program will yield a total of approximately twenty miles of roads resurfaced, 14 of which will have been completed by City crews. Concil Member Kopczynski made a motion to pass Ordinance No. 6643 -79, seconded by Council Member Szymkowiak. The ordinance passed by a roll call vote of nine ayes. Council Member Kopczynski made a motion to pass Ordinance No. 6644 -79, seconded by Council Member Szymkowiak. The ordinance passed on a roll call vote of nine ayes. BILL NO. 122 -79 A BILL APPROPRIATING $60,000.00 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 PUBLIC WORKS. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 8, 1979, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED BILL NO. 123 -79 A BILL APPROPRIATING $96,000.00 FROM THE LOCAL ROAD AND STREET FUND TO R &S 60, ORANGE /COLFAX ONNECTOR, 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 October 8, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 124 -79 A BILL APPROPRIATING $50,000.00 FROM THE LOCAL ROAD AND STREET FUND TO R &S 7907 - CHAPIN STREET CHANNELIZATION IMPROVEMENTS WITHIN THE LOCAL ROAD AND STREET FUND. This bill had first reading. Council Member Ada s made a motion to set this bill for public hearing and second reading October 8, 1979, seco ded by Council Member Dombrowski. The motion carried. BILL NO. 125 -79 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NON - REVERTING "INSURANCE PREMIUM AND LIABILITY RESERVE FUND." This bill had first reading. Council Member Adam's made a motion to set this bill for public hearing and second reading October 8, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 126 -79 A BILL APPROPRIATING $5,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS ADMINISTRATIVE PROGRAMS 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 set this bill for public hearing and second reading October 8, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 127 -79 A BILL TRANSFERRING $63,100.00 ACCOUNTS BEING WITHIN THE CENTU OF THE CITY OF SOUTH BEND, INDI This bill had first reading. Council Member Ada hearing and second reading October 8, 1979, seco carried. MONG VARIOUS ACCOUNTS, ALL Y CENTER OPERATIONS FUND NA. made a motion to set this bill for public d by Council Member Dombrowski. The motion ORDINANCE NO. 6645 -79 AN ORDINANCE SUPPLEMENTING ORDINANCE NO. 6605 -79, AUTHORIZING $10,000,000 ECONOMIC DEVELOPMENT REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Tayl r made a motion to suspend the rules and have public hearing and second reading on this bill, s conded by Council Member Dombrowski. The motion carried on a roll call vote of nine 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. Warren McGill, attorney for the Marriott Hotel, m de the presentation for the bill. He in- dicated this ordinance will supplement the previo s Economic Development ordinance by including the name of the trustee. He asked that the name of the trustee "The Indiana National Bank, Indianapolis" be inserted in this ordinance. Council Member Taylor made a motion to have the name of the trustee inserted in Section II of thi ordinance, seconded by Council Member Adams. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. BILL NO. 129 -79 A BILL AMENDING VARIOUS SECTION,' 3 OF CHAPTER 15, ARTICLE 2, COMMONLY KNOWN AS TAXICABS OF T MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 8, 1979, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6646 -79 A SPECIAL ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS "ECONOMIC DEVELOPMENT MORTGAGE REVENUE BONDS (EXPRESS FREIGHT LINES, INC., PROJECT)" IN THE PRINCIPAL AMOUNT OF ONE MILLION DOLLARS ($1,000,000) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO. This bill had first reading. Council Member Tayl< public hearing and second reading on this bill, sf carried on a roll call vote of nine ayes. This bf on the above bill, proponents and opponents were € Fedder, attorney for the Economic Development Comr He indicated this bond issue would be used to con; 20 and Olive Road. He said they will initially en made a motion to pass this bill, seconded by Coun< roll call vote of nine ayes. r made a motion to suspend the rules and have conded by Council Member Dombrowski. The motioi ing the time heretofore set for public hearing iven an opportunity to be heard. Mr. Kenneth ission, made the presentation for the bill.• truct a facility at the intersection of U.S. ploy ten new people. Council Member Taylor it Member Dombrowski. The bill passed by a REGULAR MEETING SEPTEMBER 24 1979 REGULAR MEETING RECONVENED (CONTINUED) UNFINISHED BUSINESS Reports from Area Plan 107 S. Greenlawn "Upon a motion by Earl Kime, seconded by Richard Larrison, and carried, the Executive Director of the Area Plan Commission is instructed to forward a letter to the Common Council explaining the Holladay Corporation public hearing proceedings, along with the minutes of that meeting." Council Member Taylor made a motion to set this bill for the first regularly scheduled meeting in November, seconded by Council Member Dombrowski. The motion carried. SE Corner of Portage and the Toll Road "Upon a motion by Earl Kime, seconded by Stan Durski, and carried, the Kizer zoning petition is sent ot.the Common Council with a favorable recommendation subject to a final site plan, dedication of an additional 20 feet of right -of -way for Portgage Avenue in addition to the existing right -of -way, the access drive along the east property line being moved a minimum of five feet to the west to provide for the retention of the existing trees and provision of the required screening, and additional landscaping screening of the drives, building andparking areas along the east property line from the property zoned "A" Residential." Council Member Adams made a motion to set this bill for public hearing and second reading October 8, 1979, seconded by Council Member Kopczynski. The motion carried. Southeast corner of Laurel and Auten Roads "Upon a motion by Joseph Simeri, seconded by June Stratton, and carried, the petition initiated by the Area Plan Com- mission is sent to the Common Council with a favorable recommendation." Council Member Adams indicated that no bill had been filed with the City Clerk for this re- zoning, therefore, no action could be taken. NEW BUSINESS Sale of City -owned property - triangular portion of land bounded by St.. Joseph, Colfax and Michigan Street. Mayor Nemeth indicated this land was in front of the Morris Civic Auditorium. He said the First Bank is going to bid the appraised price and it will be used as park land. He said the funds received will be put toward the cost of the elevators in the atrium. Council Member Horvath asked if the purchase agreement will indicate that this land will be donated back to the Park Department. Mr. Gene Cavanauth, Vice President of the First Bank, indicated that it would be written into the agreement, however, if the land were used for any other purpose other than a park, it would revert to the bank. Council Member Adams made a motion that the Council has no objection to the sale of the property, seconded by Council Member Dombrowski. The motion carried. Council Member ADams asked Mr. Brunner, City Attorney, to check and take any action necessary to retrive funds for building permits and taxes on the homes that have been built in Laurel Woods, without City building permits. Council Member Miller indicated that the CETA budgets should be reviewed by the Personnel and Finance Committee. Police Chief Borkowski read a call for a Special Meeting called by the Mayor, for Thursday, September 27, 1979, at 4:00 p.m., for the specific purpose of considering a resolution authorizing the City to convey, for valuable consideration, the public improvements to be con- structed in the First Bank Center Project Area to FBT Bancorp, Inc., and Rahn Properties II. There being no further business to come before the Council, unfinished or new, Council Member Adams made a motion to adjourn, seconded by Council Member Horvath. The motion carried and the meeting was adourned at 8:05 p.m. ATTEST: APPROVED: CITY CLERK PRESI